FINAL 2023 1010 Council Agenda PacketMoses Lake City Council
Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member
David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member
Tuesday, October 10, 2023
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
5:30 p.m. – HopeSource Service Statistics – Brittany Bouchouari, Director of Operations
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications **
Summary Reports:
Mayor’s Report
- Girl Scouts “Day of the Girl” Presentation
-Planning Month Proclamation
- Hispanic Heritage Month Proclamation
Additional Business
City Manager’s Report
-New Employee Introductions for Police and Fire
- AWC Legislative Agenda
Public Hearing
#1
Motion
pg 4
Windrose Dr. Right-of-Way Vacation Ordinance 3036
Presented by Brian Baltzell, Public Works Director
Summary: Hear from public and consider adoption
COML Council Packet 10-10-23, Page 1 of 208
October 10, 2023, City Council Meeting Page 2 ____________________________
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be
no separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
#2 pg 14
a.City Council Meeting Minutes Dated September 21 and 23, 2023
b.Claims and Payroll
c.2024 Snowplow Contract Award
d.Award Wastewater Valve Project GC2023-096
e.Garza Extra-Territorial Agreement 3025 Westshore Dr. NE
f.Reservoir 10 Final Design Amendment GC2022-069
g.Police Labor Agreement Wages Memorandum of Understanding
Old Business
#3
Motion x 2
pg 63
Fire Impact Fee Ordinance 3037 and Resolution 3956
Presented by Brett Bastian, Fire Chief
Summary: Council to review and consider adoption
New Business
#4 pg 112
Proposed BMX Track Improvements Motion
Presented by Doug Coutts, Parks, Recreation and Cultural Services Director
Summary: Council to review and consider approval
#5
Motion
pg 122
Grant County EHG Homeless Interlocal Agreement
Presented by Kirsten Peterson, Community Development Director
Summary: Council to review and consider approval
Administrative Reports
- Xeriscape Demonstration Update
- Water Resources Update
Council Committee Reports
Executive Session
-Review Performance of a Public Employee pursuant to RCW 42.30.110 (1) (g)
Adjournment
Next Regular Council Meeting is scheduled for October 24, 2023
COML Council Packet 10-10-23, Page 2 of 208
October 10, 2023, City Council Meeting Page 3 ____________________________
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting
for Citizen or Public Hearing Comments to be heard remotely during the live meeting. Select zoom option if
signed up to speak remotely.
Zoom Options: web access - https://cityofml.zoom.us/j/92482294910 Or iPhone one-tap: US:
+12532158782,,92482294910# or +13462487799,,92482294910# Or Telephone: Dial (for higher quality, dial a
number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558
8656 or +1 301 715 8592 or +1 312 626 6799. Webinar ID: 924 8229 4910
YouTube live and recorded after April 2023: https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment form needs to be turned in prior to start of each meeting. The 5-minute time per
speaker may be reduced to allow a maximum period of 30-minutes for citizens who have signed up to speak.
COML Council Packet 10-10-23, Page 3 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Kevin Fuhr, Interim City Manager 12740
Brian Baltzell, Director Municipal Services
10/10/2023 Public Hearing
Windrose Drive Right Of Way Vacation
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Hold a Public Hearing for hearing public comments about the vacation of a portion of Windrose Drive right-of-
way and consider adoption of ordinance as presented.
2 Windrose Vacate-Legal Description-Map Exhibit.pdf 145.82KB
3 Windrose Vacate-Polo Ridge 4 Map.pdf 366.5KB
4 Map Exhibits-Windrose.pdf 583.7KB
Windrose Vacate.docx 28.03KB
In 1997, Sage Bay Division No. 8 Major Plat dedicated a cul-de-sac at the west end of Windrose Drive.
In 2023, Schneider Homes Inc. is proposing a development, Polo Ridge 4, that will extend Windrose Drive
to Paxson Drive, removing the need for a cul-de-sac at the location.
Polo Ridge 4 has achieved Preliminary Plat status and is moving forward to completion. As part the
development, Schneider Homes is requesting to vacate a portion of the cul-de-sac to reconfigure it into a
normal appearing "T" intersection. Staff has supported the action and begun the process, so the developer
has completed the construction to reconfigure the intersection, as shown on the attached site exhibit maps.
None
Options and Results
Staff will process paperwork to vacate.COML Council Packet 10-10-23, Page 4 of 208
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The right-of-way will remain in a cul-de-sac configuration.
COML Council Packet 10-10-23, Page 5 of 208
ORDINANCE NO. 3036
AN ORDINANCE TO VACATE A PORTION OF WINDROSE DRIVE RIGHT-OF-WAY
Recitals:
1. In 1997, Sage Bay Division No. 8 Major Plat dedicated a cul-de-sac at the west end of
Windrose Drive.
2. In 2023, Schneider Homes Inc. is proposing a development, Polo Ridge 4, that will extendWindrose Drive to Paxson Drive.
3. Polo Ridge 4 has achieved Preliminary Plat status and is moving forward to completion.
4. As part the development, Schneider Homes is requesting to vacate a portion of the cul-de-sacto reconfigure it into a normal appearing "T" intersection.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Vacate a portion of Windrose Drive right-of-way as per attached legal description
and map.
Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have
been enacted independently and without regard to the section affected.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 10, 2023.
________________________________________
Don Myers, Mayor
COML Council Packet 10-10-23, Page 6 of 208
ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published:
Date Effective:
October 16, 2023
October 21, 2023
COML Council Packet 10-10-23, Page 7 of 208
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COML Council Packet 10-10-23, Page 12 of 208
FORMER IMPROVEMENTS
2023 IMPROVMENTS
COML Council Packet 10-10-23, Page 13 of 208
MOSES LAKE CITY COUNCIL – SPECIAL MEETING September 21, 2023
CALL TO ORDER
A special meeting of the Moses Lake City Council was called to order at 2:00 p.m. by Mayor Myers in Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance was posted on the meeting agenda.
City of Moses Lake Council: Mayor Myers; Deputy Mayor Martinez; Council Members Skaug,
Swartz, Fancher, and Madewell. Council Member Eck was absent.
City of Moses Lake staff: Interim City Manager Kevin Fuhr, Assistant City Manager Rich Huebner, Fire Chief Brett Bastian, City Clerk/Administrative Services Manager Debbie Burke,
and City Attorney Katherine Kenison. Several fire department staff were also in attendance.
Grant County Fire District 5: Commissioner Pat Hochstatter, Commissioner Buck Naff, and Chief Dan Smith. Commissioner Harold Schwab was absent. Several fire district staff were also in attendance.
Wenatchee Valley Fire and Rescue: Deputy Chief Kelly Lindemann and Deputy Chief Andy Davidson.
STUDY SESSION
Fire Services Roundtable
Deputy Chief Kelly Lindemann explained the process, hurdles, successes, and lessons learned
during a merger of Chelan County Fire District 1 with the City of Wenatchee, as well as the
merge a few years later with Douglas County Fire District 2.
Grant County Fire District Chief and Commissioners shared information on their levy rates,
volunteer and staff certifications, ambulance contract, and willingness to provide information to
the city for a regional fire feasibility analysis.
City Fire Chief Brett Bastian shared the same topics of information as well as ambulance
revenue, grant funding, and insurance ratings.
Council concurred to authorize the Interim City Manager engage in a contract negotiation with
consultants to provide cost analysis options for the best service responses based on anticipated
population growth in the region and using fire staff on the citizens committee.
ADJOURNMENT
The meeting was adjourned at 3:07 p.m.
______________________________________
Don Myers, Mayor
ATTEST____________________________
Debbie Burke, City Clerk COML Council Packet 10-10-23, Page 14 of 208
MOSES LAKE CITY COUNCIL – SPECIAL MEETING
September 23, 2023 EXECUTIVE SESSION Mayor Myers called an Executive Session at 8 a.m. to be held for 5 minutes pursuant to RCW
42.30.110(1)(g) to discuss qualifications of a candidate for public employment. Mayor Myers
extended the executive session for a total time of 10 minutes. CALL TO ORDER The public portion of the special meeting of the Moses Lake City Council was called to order at
8:10 a.m. by Mayor Myers in Council Chambers of the Civic Center with audio remote
access. Special notice for remote attendance was posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Skaug, Swartz, Fancher, and
Madewell. Council Member Eck was absent.
BUDGET WORKSHOP Finance Director Madeline Prentice provided a slide deck to review the Budget Priorities list, Budget process, 2023 to 2024 staffing and benefit changes, wage increases, and fee schedule adjustments.
Each Department Director provided a verbal report on their perspective revenue and expenses for the remainder of 2023 and the estimates provided for 2024. A list of single 2024 expenses will be provided in the next draft.
The law enforcement sales tax levy will move from the General Fund to Community Service Fund to pay for a portion of the new facility debt and to be more transparent in showing that the tax is being used solely for Criminal Justice. Red light camera revenue will be reinstated under the Grant County District Court interlocal agreement process next month.
The property tax revenue is pending updated assessed value figures from Grant County. A 5% increase is proposed on the Fee Schedule for the water, wastewater, and stormwater enterprise funds. A prior interfund transfer from the Water to General Fund has been eliminated after the State Auditor identified that this is only eligible for first class cities.
The cost of insurance continues to increase due to nuclear settlements against cities and counties across the state. Mayor Myers called a recess at 10 a.m. The meeting reconvened at 10:15 a.m.
The library facility rental contract will be renewed with an increased rate in 2024. The Ambulance utility fee has a proposed increase of $2.75 per account for a total of $17.20 per month and a separate non-resident transport rate has been added to the fee schedule. The Council requested staff to place signs on projects that are using the Transportation Benefit
District Funds and improve social media solicitation.
COML Council Packet 10-10-23, Page 15 of 208
CITY COUNCIL MINUTES – September 23, 2023
pg. 2
The Municipal Airport will have a new figure for 2024 once the new lease rates have been presented and approved by Council.
Staff will work on reducing expenses to improve the currently proposed deficit. Another budget workshop will be scheduled for staff and Council mid-October. ADJOURNMENT
The meeting was adjourned at 12:28 p.m. ______________________________________ Don Myers, Mayor
ATTEST____________________________ Debbie Burke, City Clerk
COML Council Packet 10-10-23, Page 16 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Kevin Fuhr, Interim City Manager 12698
Madeline Prentice Finance
10/10/2023 Consent Agenda
Disbursement Report since September 26, 2023
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
1,209,129.99$1,209,129.99$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: N/A
Checks: 162424 - 162630 - $593,737.83
Payroll Checks: 09-29-2023 PR, #65908 - 65922 - $13,183.29
Electronic Payments: 09-29-2023 Direct Deposit: - $602,208.87
Vouchers - 10.10.2023.pdf 125.29KB
COML Council Packet 10-10-23, Page 17 of 208
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at
least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the
above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have
been furnished, the services rendered, or the labor performed as described, and that the claims are just, due
and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been
met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body
has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the
legislative body had adopted policies that implement effective internal control; (3) the legislative body has
provided for review of the documentation supporting the claims within a month of issuance; and (4) that if
claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 10-10-23, Page 18 of 208
TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME @ 9/30/2023 AMOUNT @ 10/10/2023
001 GENERAL FUND 14,558,600 131,168.61 14,427,431
102 TOURISM 1,502,438 43,839.25 1,458,599
103 GRANTS AND DONATIONS 1,121,786 3,757.94 1,118,028
105 ARPA 3,724,452 ‐ 3,724,452
110 HOMELESS SERVICES 650,402 623.30 649,779
114 PATHS/TRAILS 115,781 ‐ 115,781
116 STREET 698,162 7,956.56 690,205
119 STREET REPR/RECON 2,667,692 27,367.18 2,640,325
170 TRANSPORTATION BENEFIT DISTRICT 1,294,386 ‐ 1,294,386
282 LOCAL BORROWING 1,310,819 ‐ 1,310,819
286 REFUNDING GO BONDS 2015 91,084 ‐ 91,084
314 PARK & RECREATION IMPROVEMENTS 588,488 471.25 588,017
315 PARK MITIGATION CAPITAL PROJECTS 36,926 ‐ 36,926
322 WATER REMIDIATION 1,971,889 7,176.25 1,964,712
410 WATER/SEWER 8,067,510 74,745.05 7,992,765
450 2011 BOND FUND 10,304 ‐ 10,304
451 WATER/SEWER ‐ 2011 BOND RESERVE 567,600 ‐ 567,600
452 2004 BOND FUND 918,000 ‐ 918,000
453 WATER/SEWER ‐ 2004 BOND RESERVE 701,500 ‐ 701,500
471 WATER RIGHTS 1,557,215 700.00 1,556,515
477 WATER SEWER CONSTRUCTION 3,113,772 68,208.53 3,045,564
485 PWTF WATER‐SEWER DEBT SERVICE 20,196 ‐ 20,196
490 SANITATION 1,985,404 16,485.13 1,968,919
493 STORM WATER 1,011,453 11,921.57 999,532
495 AIRPORT 77,111 ‐ 77,111
498 AMBULANCE 920,411 14,800.47 905,610
501 UNEMPLOYMENT COMPENSATION INSURANCE 81,713 ‐ 81,713
503 SELF‐INSURANCE 294,229 ‐ 294,229
517 CENTRAL SERVICES 1,028,232 24,273.96 1,003,958
519 EQUIPMENT RENTAL 1,847,638 115,516.26 1,732,121
528 BUILDING MAINTENANCE 2,222,980 43,299.20 2,179,681
611 FIRE PENSION 430,329 1,377.32 428,952
623 DEPOSIT 102,848 50.00 102,798
631 STATE ‐ ‐ ‐
TOTAL 55,291,350$ 593,737.83$ 54,697,613$
City of Moses Lake
Tabulation of Claims Paid‐Summary by Fund
Council Meeting Date‐ 10/10/2023
COML Council Packet 10-10-23, Page 19 of 208
Check Name Check Amount Check Date Invoice Description
162424 Jayz Krazy Kuztomz 85.00 09/19/2023 Endorsement Application Withdrawn
162425 Moses Lake Police Department 3,042.62 09/19/2023 Move Funds From 103 to Imprest.
162426 2M Company Inc 122.43 09/22/2023 Compression Couplings
162427 A & H Printers Inc 521.41 09/22/2023 Supplies, Red Tags
162428 A M Hardware Company Inc 3,512.03 09/22/2023 Swing Door Operator/Push Plate
162429 AAA Readymix Inc 512.19 09/22/2023 Concrete Delivery 332 Ridge
162430 Agri‐Fix II 743.40 09/22/2023 Victim Vehicle Tow‐ Investigations
162431 Agri‐Fix, LLC 371.02 09/22/2023 Towing, 23ML12774
162432 Alicia M. Hicks 73.50 09/22/2023 Museum Consignment Sales
162433 Amazon Capital Services, Inc.4,294.70 09/22/2023 Amazon ‐ Museum
162434 Aquatic Specialty Services Inc 149.46 09/22/2023 Air Pressure Switch
162435 Aspect Consulting 4,213.25 09/22/2023 Well 20 Source Approval
162436 Avidex Industries, LLC 542.00 09/22/2023 Labor Charges‐ LRC
162437 Barbara Nickerson 25.20 09/22/2023 Museum Consignment Sales
162438 Basin Septic Services Inc 986.44 09/22/2023 ADA Park
162439 Battery Systems Inc 943.11 09/22/2023 Batteries
162440 Betty Johansen 56.00 09/22/2023 Museum Consignment Sales
162441 Bound Tree Medical LLC 2,331.67 09/22/2023 Medical Supplies
162442 Cascade Natural Gas Corp 116.39 09/22/2023 SNS Utilities
162443 Central Machinery Sales Inc 201.59 09/22/2023 Gloves
162444 CHS Inc 46,502.82 09/22/2023 Fuel for Vehicles ‐ August 2023
162445 Civil Air Patrol Magazine 245.00 09/22/2023 Advertising
162446 Columbia Basin Herald 4,569.65 09/22/2023 Save Water Ad
162447 Columbia Bearing Bdi 408.89 09/22/2023 Threadlockers
162448 Consolidated Disposal Service 170.13 09/22/2023 Aug '23 Refuse Service
162449 Copiers Northwest Inc 339.36 09/22/2023 Equipment Contract Fees
162450 Crossroads Dog Training 90.00 09/22/2023 K9 Boarding
162451 Crown Paper & Janitorial 45.85 09/22/2023 Stainless Steel Cleaner
162452 CSWW, Inc 165.73 09/22/2023 Wildland Gloves ‐ SAFER Hires
162453 Darren Jon Dinwoodie 300.00 09/22/2023 Professional Services
162454 Deborah Goodrich Chittenden 44.45 09/22/2023 Museum Consignment Sales
162455 Dee Dee Dressen 35.00 09/22/2023 Museum Consignment Sales
162456 Excelsior Blower Systems Inc 4,453.24 09/22/2023 Aeon PD
162457 Faber Industrial Supply 133.65 09/22/2023 Mower Tools
162458 Fastenal Company 888.78 09/22/2023 Gloves
162459 Galls LLC 1,448.43 09/22/2023 Uniform Pieces ‐ Jacobs
162460 Grant County Fairgrounds 35,000.00 09/22/2023 LTAC‐ 2023 Fair Reimbursement
162461 Greg Graffe 171.50 09/22/2023 Museum Consignment Sales
162462 H D Fowler Company 729.90 09/22/2023 Meter Parts
162463 Hach Company 776.14 09/22/2023 Sensor Replacement
162464 Hannah Charlton 420.00 09/22/2023 Museum Consignment Sales
162465 Heartland Agriculture, LLC 253.28 09/22/2023 SNS General
162466 Home Depot Credit Services 2,983.23 09/22/2023 August Statement 2023
162467 Home Depot Pro (Supplyworks)3,952.37 09/22/2023 Custodial Supplies
162468 Ice Builders Supply Inc 2,500.00 09/22/2023 Ice Skates
162469 Ims Alliance 13.71 09/22/2023 Accountability Tags ‐ SHEA
162470 Itron Inc 1,101.82 09/22/2023 Meter Read System Maint Contract
162471 Jerrys Auto Supply 1,225.59 09/22/2023 Fuel Filters
City of Moses Lake
Checks Issued with Summary Description
For October 10th, 2023 Council Meeting
COML Council Packet 10-10-23, Page 20 of 208
162472 Kassandra Wiggum 238.00 09/22/2023 Museum Consignment Sales
162473 Kathleen Parr 111.99 09/22/2023 Museum Consignment Sales
162474 Keller Associates 4,924.25 09/22/2023 Wastewater Plan
162475 Kelley Connect 3,215.49 09/22/2023 Equipment Contract Fees
162476 Kottkamp & Yedinak, P.L.L.C.350.00 09/22/2023 Dangerous Dog Case
162477 L N Curtis & Sons 326.97 09/22/2023 Supplies
162478 Leanne M. Hickman 504.00 09/22/2023 Museum Consignment Sales
162479 Lee Ann St Clair 82.60 09/22/2023 Museum Consignment Sales
162480 Marsha Baerlocher 42.00 09/22/2023 Museum Consignment Sales
162481 Martin Schempp 182.70 09/22/2023 Museum Consignment Sales
162482 Matrix Sciences International Inc.830.00 09/22/2023 Sample Testing
162483 McKesson Medical‐Surgical 480.49 09/22/2023 Medical Supplies
162484 Moon Security Services Inc 862.13 09/22/2023 Museum Security
162485 Moses Lake Men's Softball 990.00 09/22/2023 Umpire Fees ‐ Fall 2023
162486 Moses Lake Steel Supply 109.40 09/22/2023 Square Tubing/Bandsaw Blades
162487 Moses Lake Tennis Booster Club 576.00 09/22/2023 Adult Tennis Tourney '23
162488 NB Engineering, LLC 6,306.75 09/22/2023 Stormwater Comp Plan
162489 Norco Enterprises Inc 298.10 09/22/2023 Calibration Gas
162490 North Central Laboratories 55.50 09/22/2023 QA/QC Standard
162491 Northsound Auto Group, LLC 57,375.63 09/22/2023 2023 Dodge Durango Police Pursuit
162492 Northwest Medical Group PLLC 945.00 09/22/2023 Pre‐Employment Medical Testing
162493 NYS Child Support Prosessing Center 184.61 09/22/2023 2319 Gilmartin Child Support
162494 Oregon Media, LLC 3,163.00 09/22/2023 LTAC Advertising
162495 Oreilly Auto Parts 93.85 09/22/2023 Fuel Filters
162496 Out There Monthly LLC 1,300.00 09/22/2023 LTAC Advertising
162497 Oxarc Inc 375.17 09/22/2023 Fire Extinguishers
162498 Pix4D Inc.3,500.00 09/22/2023 PIX4Dmapper, Yearly Rental License
162499 Pro Touch Car Wash & Auto Detail LLC 14.75 09/22/2023 Self Serve Car Washes August 2023
162500 Pud Of Grant County 3,405.45 09/22/2023 Mont Lake Elec Services
162501 Qcl Inc 2,470.00 09/22/2023 Random Testing
162502 Quill Corporation 283.34 09/22/2023 Supplies
162503 RAE Security Southwest, LLC 1,207.03 09/22/2023 Locks
162504 Rells Fire Equipment Inc 230.89 09/22/2023 Fire Alarm System Monitoring
162505 RH2 Engineering Inc.1,995.11 09/22/2023 Water System Plan Update
162506 Richland Research Corporation 579.37 09/22/2023 Free‐Flow Blocks
162507 Shirtbuilders Inc 6,928.43 09/22/2023 Rec Soccer Shirts 2023
162508 Signs Now, LLC 277.60 09/22/2023 Admin Office Window Decal
162509 Spokane Television, Inc.2,486.25 09/22/2023 LTAC Advertising
162510 Staples Credit Plan 11.37 09/22/2023 July Staple Statement 2023
162511 T‐Mobile Usa, Inc 25.00 09/22/2023 Investigations Cost
162512 The DOH Associates 471.25 09/22/2023 LRC Pro Services
162513 Traffic Safety Supply Company 2,851.43 09/22/2023 Posts
162514 Uline 3,017.08 09/22/2023 Storage Cabinet/Supplies
162515 Ups Freight 78.00 09/22/2023 Weekly Service Fees
162516 UPS Store 2469 808.39 09/22/2023 Shipping
162517 Util Undrgrnd Location Center 129.00 09/22/2023 Underground Locates August 2023
162518 Wash Recreation & Park Assoc 2,520.00 09/22/2023 WRPA Annual Membership ‐ 2023‐2024
162519 WA State Department of Ecology 31,591.00 09/22/2023 Wastewater Permit ‐ Larson WWTP
162520 Weaver Exterminating Srvc Inc 281.84 09/22/2023 Rodent Control
162521 Weinstein Beverage Company 865.63 09/22/2023 Drinking Water
162522 Wenatchee Valley Hospital 120.00 09/22/2023 Guzman Immunizations
162523 William Scotsman, Inc 623.30 09/22/2023 Rental @ Sleep Center
162524 Zoll Medical Corp 513.78 09/22/2023 Ambulance Supplies
162525 Brad Mitchell 38.44 09/27/2023 Staples Purchase Reimbursement
COML Council Packet 10-10-23, Page 21 of 208
162526 Chris Hare 38.23 09/27/2023 CDL Reimbursement Correction
162527 Dave Craft 1,457.98 09/27/2023 Sound/Light Production 9.30.23
162528 Dawn Brown 409.35 09/27/2023 Insurance Paid, Reimburse Patient
162529 Dean Gaddis 136.96 09/27/2023 Fuel Purchased for TRT
162530 Devon Edwards 81.22 09/27/2023 Mileage Reimbursement
162531 Doug Wraspir 128.00 09/27/2023 CDL Physical Reimbursement
162532 Eric Johnson 90.39 09/27/2023 Mileage Reimbursement
162533 Fire Mountain Farms Inc 6,693.20 09/27/2023 Biosolids Land Application Retainage
162534 Fran Grant 18.00 09/27/2023 Class Cancelled‐ Refund
162535 Gary Johnson 72.00 09/27/2023 CDL Reimbursement Correction
162536 James Flippen 62.88 09/27/2023 Mileage Reimbursement
162537 Jennifer Schober 89.47 09/27/2023 Mileage Reimbursement
162538 Kevin Connor 2,695.61 09/27/2023 Travel/Performance Compensation
162539 Roger Thornton 54.00 09/27/2023 CDL Reimbursement Correction
162540 Shanda Creiglow 137.55 09/27/2023 Mileage Reimbursement
162541 Shannon Springer 104.80 09/27/2023 Mileage Reimbursement
162542 Joe Frey 22.71 09/27/2023 Meal Reimbursement
162543 Amazon Capital Services, Inc.5,630.28 09/28/2023 Tech Services Amazon Statement May
162544 Anatek Labs, Inc.2,133.00 09/28/2023 Sample Testing
162545 Badger Meters Inc 32,562.69 09/28/2023 Meter Parts
162546 Basin Propane LLC 79.85 09/28/2023 Propane
162547 Battery Systems Inc 150.95 09/28/2023 Battery
162548 Cascade Natural Gas Corp 5,569.95 09/28/2023 SNS Utilities
162549 Cascadia Law Group PLLC 700.00 09/28/2023 Water Rights Work
162550 Centurylink 6,582.08 09/28/2023 206‐T32‐2809 583B 9.16.23
162551 Commercial Tire Inc 383.87 09/28/2023 Tires
162552 Correct Equipment 3,946.84 09/28/2023 Tubes/Quick Disconnect Kits
162553 CSWW, Inc 409.04 09/28/2023 Tomcat Bait
162554 D L T Solutions Inc 685.09 09/28/2023 Subscription ‐ Support
162555 Dell Marketing 4,764.75 09/28/2023 Optiplex (3)
162556 Faber Industrial Supply 127.04 09/28/2023 Left‐Handed Dies
162557 Fastenal Company 1,551.33 09/28/2023 55gal Drums
162558 Fehr & Peers 26,954.18 09/28/2023 ML Travel Demand Model Develop
162559 Freshworks, Inc. 1989 9,451.23 09/28/2023 Freshservice Pro Annual
162560 Grant County Elections 19,137.00 09/28/2023 2023 Election Costs
162561 Gray & Osborne, Inc.5,936.30 09/28/2023 Well 34 Pilot Study And Project Report.
162562 Hajoca Corp 249.83 09/28/2023 Meter Box **$3.27 Discount Taken**
162563 Heartland Agriculture, LLC 8.04 09/28/2023 Hose Barbs
162564 Home Depot Pro (Supplyworks)47.96 09/28/2023 Custodial Supplies
162565 IAFF Local 1258 4,930.00 09/28/2023 September IAFF Dues
162566 Isaac Valdez 341.46 09/28/2023 Team Registrations
162567 Jerrys Auto Supply 132.77 09/28/2023 Filters
162568 Katherine Kenison, PS 15,714.00 09/28/2023 City Atty Services August 2023
162569 King5.Com 840.00 09/28/2023 LTAC Advertising
162570 Lad Irrigation Company Inc 2,777.24 09/28/2023 Irrigation
162571 Lakeside Industries Inc 1,273.70 09/28/2023 2023 Cold Mix
162572 Localtel Communications 1,206.30 09/28/2023 Internet Service
162573 Matrix Sciences International Inc.938.00 09/28/2023 Sample Testing
162574 MIRO‐TV 1,050.00 09/28/2023 LTAC Advertising
162575 Moses Lake Police Guild 2,730.00 09/28/2023 Police Guild Dues September
162576 North Central Laboratories 593.70 09/28/2023 Ricca Conductivity
162577 Northstar Chemical Inc 3,368.75 09/28/2023 Sodium Hypochlorite Well #7
162578 NYS Child Support Prosessing Center 184.61 09/28/2023 2320 Gilmartin Child Support
162579 Oreilly Auto Parts 658.10 09/28/2023 Connector
COML Council Packet 10-10-23, Page 22 of 208
162580 Oxarc Inc 459.61 09/28/2023 Ear Protection
162581 Penhalluricks Express Bldg Inc 209.06 09/28/2023 Lap Siding
162582 Pud Of Grant County 16,828.29 09/28/2023 Lift Stations Elec. Services
162583 Quill Corporation 65.02 09/28/2023 HR Supplies
162584 Racom Corporation 737.85 09/28/2023 Repairs Eq. # 171
162585 Rexel USA 53.85 09/28/2023 Wire Connectors
162586 RH2 Engineering Inc.22,790.18 09/28/2023 Reservoir 10 Construction
162587 Rolluda Architects, Inc.32,771.87 09/28/2023 Police Building Design
162588 Schaeffer Mfg Company 3,497.91 09/28/2023 All‐ Trans Supreme
162589 Signature Graphics Inc 4,356.36 09/28/2023 Fall/Winter Brochure 2023
162590 Sirennet.Com 1,984.26 09/28/2023 Transfer Kits
162591 Summit Law Group 14,179.08 09/28/2023 HR Pro Services
162592 Systems Design West, LLC 6,132.27 09/28/2023 EMS Billing‐ August 23
162593 The Links At Moses Pointe 640.00 09/28/2023 Junior Golf Camp '23
162594 Traffic Safety Supply Company 358.66 09/28/2023 Premark‐Grey
162595 Usa Blue Book 7,173.12 09/28/2023 E‐Z Reacher's Credit RMA1002147
162596 Vimly Benefit Solutions, Inc 2,422.35 09/28/2023 A. Williams 360100806 October 2023
162597 Wash Council Police & Sheriffs 525.00 09/28/2023 WCPS Dues
162598 Waste Mgt Recycle America Inc 5,421.61 09/28/2023 Commingle Loads
162599 Waytek Inc 1,715.98 09/28/2023 Misc. Parts
162600 Weinstein Beverage Company 45.40 09/28/2023 Drinking Water
162601 WSCCCE, AFSCME, AFL‐CIO 2,397.53 09/28/2023 2318 AFSCME Dues
162602 Edmundo Arreola 50.00 09/28/2023 Case Dismissed by City Attorney
162603 Janelle Sword 732.71 09/29/2023 LEOFF Retiree Pension Sept. 20023
162604 Luther Stowers 644.61 09/29/2023 LEOFF Retiree Pension Sept 2023
162605 DAWNE/DAVID MURRAY 241.41 09/29/2023 Refund Utility Overpayment
162606 JASON MCKINLEY 151.96 09/29/2023 Refund Utility Overpayment
162607 John or Erica Swedburg 199.13 09/29/2023 Refund Utility Overpayment
162608 JOSE RAMIREZ / MARIA RIVERA 290.41 09/29/2023 Refund Utility Overpayment
162609 KATHERINE L BUCSKO 602.61 09/29/2023 Refund Utility Overpayment
162610 Marjorie L Miles 239.66 09/29/2023 Refund Utility Overpayment
162611 OLSEN HOMES LLC 87.18 09/29/2023 Refund Utility Overpayment
162612 SHERRI VALDEZ 1,482.12 09/29/2023 Refund Utility Overpayment
162613 Steve D Fish 502.89 09/29/2023 Refund Utility Overpayment
162614 TARAS & JULIA BOYCHUK 125.93 09/29/2023 Refund Utility Overpayment
162615 The Estate of Gary R McLanahan 917.48 09/29/2023 Refund Utility Overpayment
162616 Thomas or Arlene Storrar 165.00 09/29/2023 Refund Utility Overpayment
162617 Venkata Bhogaraju or Lavanya Pidatala 490.74 09/29/2023 Refund Utility Overpayment
162618 Grant County Auditor 1,032.50 09/29/2023 Easement Recording (5)
162619 Amy Harris 167.00 09/29/2023 APA Conference Per Diem
162620 Gunnar Blankenship 311.00 09/29/2023 NRPA Conference 2023 Per Diem
162621 Heidi Merritt 45.00 09/29/2023 Fire Admin Conference 2023
162622 Jovita Cantu 300.00 09/29/2023 ICC Construction Seminar 2023
162623 Justin Akerley 134.00 09/29/2023 Operator Pre Test Course
162624 Nathan Pate 167.00 09/29/2023 APA Conference Per Diem
162625 Rudy Valdez 52.00 09/29/2023 Taser Instructor Course
162626 Scott Myers 229.00 09/29/2023 Conference Per Diem
162627 Shanda Creiglow 111.00 09/29/2023 Per Diem
162628 Steve Mieres 229.00 09/29/2023 Conference Per Diem
162629 Donald Coates 94.66 10/02/2023 Overpayment on Co Pay
162630 Samantha Overgaard 25.00 10/02/2023 Overpayment on Claim
593,737.83$
COML Council Packet 10-10-23, Page 23 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Kevin Fuhr, Interim City Manager 12660
Brian Baltzell, Director Municipal Services
10/10/2023 Consent Agenda
2024 Snow Plowing Contract Award
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
76,500.00$160,000.00$0.00$
Award the 2024 Snow Plowing contract to Central Washington Asphalt, Inc. (CWA).
116.2023.01 Proposal CWA.pdf 255.9KB
On September 27, 2023, staff opened quotes for the Snow Plowing 2024 contract. The project includes on-call
snow plowing for residential streets between January 1, 2024 through December 31, 2024.
The city received one (1) quote for $76,500.00 from Central Washington Asphalt Inc. The quote is based on the
cost of a single snow event. The Public Works Director estimated the cost of $51,000.00. Per CWA, the cost
increase for 2024 is due to higher fuel and labor costs.
The project will require budgeted funds to be spent.
Options and Results
Staff will move forward with executing the contract with CWA, the sole quoter, to complete the work when
directed by the City.
Staff will bring back options for recommended changes.
The City will not have a contractor on standby to plow residential streets.COML Council Packet 10-10-23, Page 24 of 208
Page I of 4 Snow Plowing 2024 Contract No. 116.2023.01
PROPOSAL
TO: CITY OF MOSES LAKE DATE: September 27, 2023
CONTRACTOR'S NAME: Central Washington Asphalt, Inc.
CONTRACTOR'S LICENSE NUMBER: CENTRWA181PG ----------------------
CURRENT UBI NUMBER: 600-452-097 --------------------------
INDUSTRIAL INSURANCE ACCOUNT NUMBER:_2_2�9 ...... 1...u;12,.,;;.,3-0IUIII0�-------------
EMPLOYMENT SECURITY DEPARTMENT NUMBER:__,5.._.1......,99..,..64-..........,00..,..3:-..-___________ _
ST A TE EXCISE TAX REGISTRATION NUMBER: 600-452-097 ------------------
PHONE NO: (509} 765-5757 FAX:NO: (509} 765-8052
CONTRACTOR'S MAILING ADDRESS: P.O. Box 939 ...:....:..;:::..:...==.:..:::.=..=... ________________ _
Moses Lake, WA 98837 The Undersigned certifies that he or she has had the opportunity to examine the location of work as outlined in the specifications for the Snow Plowing 2024 and has read and thoroughly understands the specifications and hereby proposes to undertake and complete the work embraced in this quote package. The prime Contractor shall complete I 00 percent of all the work with his or her own labor and equipment. The contract is for purchased services and is not a Public Works contract. QUOTE OPENING: September 27, 2023; 1:00 p.m. QUOTE OPENING LOCATION: Public Works Administration Office, 11789 Rd 4 NE, Moses Lake, Washington. NOTE: UNIT PRICES FOR ALL ITEMS, ALL EXTENSIONS, AND TOT AL AMOUNT OF QUOTE SHALL BE SHOWN. Snow Plowing 2024 -Contract No. 116.2023.01 Page 6/24
COML Council Packet 10-10-23, Page 25 of 208
Proposal Page 2 of 4
Snow Plowing 2024 Contract No. 116.2023.01
Item No. Description Quantity Unit Unit Price Amount
1 Motor Grader 160 HR $ 475.00 $ 76,000.00
2 Mobilization (Insurance) 1 LS $ 500.00 $ 500.00
Sub-total $ 76,500.00
Tax0% $ 0.00
Total $ 76,500.00
The undersigned, under penalty of perjury under the laws of the State of Washington does hereby certify that;
1.The above is a true and honest bid.
2.The undersigned has read and agrees to the provisions of the Non-Collusion Declaration;
3.The undersigned has read and agrees to the provisions of the Indemnification and WaiverAcknowlegment.
4.By signing below, I verify that I have signing authority. Except for companies with onegoverning person, proof of signing authority is required if awarded the Contract. Proof ofsigning authority may include corporate resolution, corporation bylaws, or operatingagreement that indicates signing authority.
5.By signing below, I verify under penalty of perjury that I am in compliance with theresponsible bidder criteria requirement of subsection (l)(g) of RCW 39.04.350.
Title: President Date: September 27. 2023
Snow Plowing 2024 -Contract No. 116.2023.01 Page 7/24
COML Council Packet 10-10-23, Page 26 of 208
Proposal Page 3 of 4 Snow Plowing 2024
Contract No. 116.2023.01 REFERENCES List of three (3) references you serve in Washington. 1. Company Name Address: Contact Person: Telephone: 2.Company NameAddress:Contact Person:Telephone:3.CompanyNameAddress:Contact Person:Telephone:By: Pam Maeirs
Grant County Public Works
124 Enterprise Street SE Ephrata, WA 98823
Bob Bersanti
(509)754-6082
WSDOT
3714 N. Mayfair Street Spokane, WA 99207
Tom Brasch
(509)323-8411
Selland Construction
po Box 119 Wenatchee WA 98807
Tracy Walker
(509)663-3464 Title: President Date: September 27, 2023
Snow Plowing 2024 -Contract No. 116.2023.01 Page 8/24
COML Council Packet 10-10-23, Page 27 of 208
Proposal
Page 4 of 4
Snow Plowing 2024 Contract No. 116.2023.01
ATTACHMENT "A"
Describe Equipment That Will be Used for Snow Plowing Operations:
1 each -Mechanic Service Truck
3 each -Motor Grader with Chains
Snow Plowing 2024 -Contract No. 116.2023.01 Page 9/24
COML Council Packet 10-10-23, Page 28 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, Interim City Manager 12552
Richard Law, PE Municipal Services
10/10/2023 Consent Agenda
Award Wastewater Valve Project (GC2023-096)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
178,088.19$300,000.00$0.00$
Staff recommends that the City Council motion to award the Central Operations Facility (COF) Valve
Replacement Project to the apparent low bidder for the bid contract price of $178,088.19.
GC2023-096 COF Valve Replacement Bid Results 9-19-2023.pdf 228.38KB
The COF collects and pumps about 1.7 million gallons of wastewater per day for the city. The COF is an
important component of the city's wastewater system.
There is an 18-inch wastewater valve on site that is out of service. The valve is needed for regular maintenance
activity at the COF. Another adjacent 18-inch wastewater valve is also in need of a preventative maintenance
replacement. The two valves will be replaced with new valves as part of this project.
The large wastewater pumps at the COF rely on regular water service to operate. They use municipal water to
supply the pump water seals and also to operate water hydraulic valves. A recent water service line break has
compromised the reliability of municipal water service to the wastewater pump system. This project will install a
new 2.5" water service line into the COF building basement to restore reliable water service to the wastewater
pump system.
Some electrical work will also be included to relocate lighting around the two existing grit basins. This will make
the two 18" wastewater valves more accessible for this project and for future valve maintenance projects.
Six bids were received for this project. The bid opening was held on September 19, 2023.
COML Council Packet 10-10-23, Page 29 of 208
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
This project will require budgeted funds to be spent in the amount of $178,088.19. Some additional funding will
be spent to cover other costs including engineering and inspector labor. The approved budget for the project is
$300,000.
Options and Results
City staff will execute the contract with the apparent low bidder.
Staff will develop options for recommended changes.
City staff will wait for further instructions.
COML Council Packet 10-10-23, Page 30 of 208
PROJECT NAME: COF Valve Replacement Project
BID RESULTS
1 Mobilization 1-09 1 LS $19,500.00 $19,500.00 $15,000.00 $15,000.00 $8,757.36 $8,757.36 $8,000.00 $8,000.00 $21,000.00 $21,000.00
2 Sawcut Pavement or Concrete 2-02 75 LF $9.00 $675.00 $5.00 $375.00 $4.92 $369.00 $23.28 $1,746.00 $10.00 $750.00
3 Remove Pavement or Concrete 2-02 60 SY $24.00 $1,440.00 $30.00 $1,800.00 $65.35 $3,921.00 $61.67 $3,700.00 $20.00 $1,200.00
4 Remove Abandoned Pipe 2-02 40 LF $28.00 $1,120.00 $2.50 $100.00 $98.02 $3,920.80 $12.50 $500.00 $5.00 $200.00
5 Remove Light Poles 2-02 1 LS $12,050.00 $12,050.00 $2,020.00 $2,020.00 $2,792.07 $2,792.07 $1,100.00 $1,100.00 $5,000.00 $5,000.00
6 Abandon Existing Water Valve 2-02 1 EA $1,000.00 $1,000.00 $1,000.00 $1,000.00 $980.20 $980.20 $1,500.00 $1,500.00 $500.00 $500.00
7 Shoring or Extra Excavation Class B 2-09 500 SF $2.43 $1,215.00 $1.00 $500.00 $2.34 $1,170.00 $65.60 $32,800.00 $5.00 $2,500.008Trimming and Cleanup 2-11 1 LS $4,500.00 $4,500.00 $27,211.00 $27,211.00 $3,920.78 $3,920.78 $2,000.00 $2,000.00 $2,500.00 $2,500.00
9 HMA Patch Cl 3/8 Inch PG 64-28 5-06 55 SY $300.00 $16,500.00 $54.00 $2,970.00 $226.39 $12,451.45 $258.42 $14,213.00 $220.00 $12,100.00
10 Adjust Valve Box 5-07 3 EA $550.00 $1,650.00 $620.00 $1,860.00 $601.64 $1,804.92 $950.00 $2,850.00 $500.00 $1,500.00
11 Plug Existing Pipe 7-08 2 EA $500.00 $1,000.00 $480.00 $960.00 $648.08 $1,296.16 $437.50 $875.00 $150.00 $300.00
12 PVC Pipe for Water Main 2.5 Inch Diameter 7-09 40 LF $95.00 $3,800.00 $2.50 $100.00 $102.01 $4,080.40 $135.75 $5,430.00 $250.00 $10,000.00
13 Gate Valve 2 Inch 7-12 1 EA $4,200.00 $4,200.00 $4,352.00 $4,352.00 $409.38 $409.38 $702.00 $702.00 $1,500.00 $1,500.00
14 Ductile Iron Sewer Force Main, 18 Inch Diameter 7-20 30 LF $820.00 $24,600.00 $33.33 $1,000.00 $1,153.11 $34,593.30 $528.03 $15,841.00 $850.00 $25,500.00
15 Tapping Sleeve and Valve Assembly 18 Inch 7-20 1 EA $32,110.00 $32,110.00 $43,500.00 $43,500.00 $42,960.28 $42,960.28 $49,844.00 $49,844.00 $48,000.00 $48,000.00
16 Sewer Gate Valve 18 Inch 7-20 2 EA $26,375.00 $52,750.00 $23,270.00 $46,540.00 $22,087.09 $44,174.18 $21,660.00 $43,320.00 $32,000.00 $64,000.00
17 Electrical 7-20 1 LS $35,065.00 $35,065.00 $12,000.00 $12,000.00 $10,458.42 $10,458.42 $7,884.00 $7,884.00 $15,000.00 $15,000.00
18 Cement Concrete Slab 8-14 20 SY $145.00 $2,900.00 $150.00 $3,000.00 $454.27 $9,085.40 $51.30 $1,026.00 $200.00 $4,000.00
216,075.00$ $164,288.00 $187,145.10 $193,331.00 $215,550.00
8.4%18,150.30$ $13,800.19 $15,720.19 $16,239.80 $18,106.20
234,225.30$ $178,088.19 $202,865.29 $209,570.80 $233,656.20
UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
PROJECT NUMBER: GC2023-096
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY
CleElum, WA
UNIT PRICE AMOUNT
Engineers Estimate
Joe's Excavation Inc.
Othello, WA
Industrial Construction of
Washington
West Richland, WASchedule A: Wastewater Improvements
POW Contracting
Pasco, WA
UNIT PRICE AMOUNTUNIT PRICE AMOUNT
McCann Trucking LLC
PAGE 1 OF 2
COML Council Packet 10-10-23, Page 31 of 208
PROJECT NAME: COF Valve Replacement Project
BID RESULTS
1 Mobilization 1-09 1 LS
2 Sawcut Pavement or Concrete 2-02 75 LF
3 Remove Pavement or Concrete 2-02 60 SY
4 Remove Abandoned Pipe 2-02 40 LF
5 Remove Light Poles 2-02 1 LS
6 Abandon Existing Water Valve 2-02 1 EA
7 Shoring or Extra Excavation Class B 2-09 500 SF8Trimming and Cleanup 2-11 1 LS
9 HMA Patch Cl 3/8 Inch PG 64-28 5-06 55 SY
10 Adjust Valve Box 5-07 3 EA
11 Plug Existing Pipe 7-08 2 EA
12 PVC Pipe for Water Main 2.5 Inch Diameter 7-09 40 LF
13 Gate Valve 2 Inch 7-12 1 EA
14 Ductile Iron Sewer Force Main, 18 Inch Diameter 7-20 30 LF
15 Tapping Sleeve and Valve Assembly 18 Inch 7-20 1 EA
16 Sewer Gate Valve 18 Inch 7-20 2 EA
17 Electrical 7-20 1 LS
18 Cement Concrete Slab 8-14 20 SY
8.4%
UNIT
PROJECT NUMBER: GC2023-096
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY
Schedule A: Wastewater Improvements
$25,000.00 $25,000.00 $25,000.00 $25,000.00
$12.00 $900.00 $100.00 $7,500.00
$90.00 $5,400.00 $150.00 $9,000.00
$100.00 $4,000.00 $100.00 $4,000.00
$7,000.00 $7,000.00 $30,875.00 $30,875.00
$2,500.00 $2,500.00 $5,000.00 $5,000.00
$1.00 $500.00 $10.00 $5,000.00$2,500.00 $2,500.00 $15,000.00 $15,000.00
$185.00 $10,175.00 $250.00 $13,750.00
$800.00 $2,400.00 $1,000.00 $3,000.00
$500.00 $1,000.00 $2,500.00 $5,000.00
$70.00 $2,800.00 $100.00 $4,000.00
$500.00 $500.00 $15,000.00 $15,000.00
$1,850.00 $55,500.00 $500.00 $15,000.00
$70,000.00 $70,000.00 $120,000.00 $120,000.00
$25,000.00 $50,000.00 $15,000.00 $30,000.00
$17,965.00 $17,965.00 $30,875.00 $30,875.00
$200.00 $4,000.00 $150.00 $3,000.00
$262,140.00 $341,000.00
$22,019.76 $28,644.00
$284,159.76 $369,644.00
Nordvind Sewer Service
LLC
Enumclaw, WA
UNIT PRICE AMOUNT
Lowell's Cornerstone
Construction LLC
Ellensburg, WA
UNIT PRICE AMOUNT
PAGE 2 OF 2
COML Council Packet 10-10-23, Page 32 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, Interim City Manager 12684
Brian Baltzell, Director Municipal Services
10/10/2023 Consent Agenda
Garza Extra Territorial Agreement (ETA)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Staff recommends a City Council mo on to authorize the City Manager to sign an Extra Territorial Agreement
for residen al water and sewer service with the property owners of parcel #311492000 at 3025 Westshore Dr
NE.
Letter requesting city utilities.pdf 225.49KB
Garza Extra Territorial Agreement.pdf 105.95KB
Lynn Garza and Rolando Garza request approval to connect to the City’s water and sewer systems to serve a
single-family residence. The property is located outside of the current City limits and is inside the UGA as
defined in the most current Grant County Comprehensive Plan.
The owner will be required to sign an Extra Territorial Agreement (ETA) to connect to City water and sewer. The
ETA must be in place before a permit is issued for connec ng to city service. The City currently has mul ple ETA
agreements in the immediate area. This property is within 500’ of the lake shoreline, connec on we would
support the reduc on of sep c system effluent making its way into the lake.
The City will receive water and sewer service fees for the residence long term.
Options and Results
COML Council Packet 10-10-23, Page 33 of 208
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City Manager is authorized to sign an
Extra Territorial Agreement with the property
owners.
Staff will bring back options for recommended changes.
The proponent would not connect to City utilities and pursue other options to provide water and sewer service to the
property.
COML Council Packet 10-10-23, Page 34 of 208
RECORD AND RETURN TO Construction Management Program City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: Lynn Garza Rolando Garza
Grantee: The City of Moses Lake, WA Legal Desc. LOT 2 BROTHERTON SP No. 2 34-24 Assessor’s Tax Parcel No. 314292000
1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Lynn Garza and Rolando Garza (herein Developer). 2. Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City limits and adjacent to real property near Moses Lake, Washington.
2,2 Developer desires to receive water and sewer utility service from the City for use upon Developer's real property located more than one half mile from the corporate limits of the City
and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an
agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land.
2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this
Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows:
3.1 The City will provide the water and sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement.
3.2 The real property to be serviced is located within the City’s UGA and is described per Grant
County Assessor records as: LOT 2 BROTHERTON SP No. 2 34-24
COML Council Packet 10-10-23, Page 35 of 208
3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises.
3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City’s water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems.
3.6 The water service provided by the City is for one service connection to serve a single family
residence. 3.7 The sewer utility service provided by the City is for one service connection to serve a single family residence.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be
built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to
connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises.
3.9 Developer agrees and covenants that the premises will not be used in any manner or for any
purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer
acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater
than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this
Agreement. The premises currently are used in a manner consistent with the existing land use controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the
land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform
under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from
performing under this Agreement.
To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City.
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This
Power of Attorney is executed, as is this Agreement, by Developer with a full understanding that Developer may be waiving and transferring to the City a valuable right as a landowner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and
COML Council Packet 10-10-23, Page 36 of 208
fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney. 3.12 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as
an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake. 3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become
subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits. 3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional
charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District
or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device
of Developer's fee interest in the premises it will disclose the existence of this Agreement.
3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30)
days after notice to the Developer of the breach if the breach has not been cured.
3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have
been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City’s
UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within two (2) years of
the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given.
4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this
Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of
termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power
of Attorney shall terminate and be of no further force or effect. Dated: ____________________________________ Dated: _______________________________
By _______________________________________ By Lynn Garza Rolando Garza
COML Council Packet 10-10-23, Page 37 of 208
State of Washington County of Grant I certify that I know or have satisfactory evidence that Lynn Garza signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________
Notary Public My appointment expires _______________________ State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Rolando Garza signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________ Notary Public
My appointment expires _______________________
Dated: _______________________________
By __________________________________
Kevin Fuhr – Interim City Manager
Approved by Council
State of Washington County of Grant
I certify that I know or have satisfactory evidence that Kevin Fuhr signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated _____________________________________ __________________________________________ Notary Public
My appointment expires _______________________
Approved by City Council: October 10, 2023
COML Council Packet 10-10-23, Page 38 of 208
COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake.
2. Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above.
Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Lynn Garza Rolando Garza
State of Washington County of Grant I certify that I know or have satisfactory evidence that Lynn Garza, signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________
__________________________________________ Notary Public
My appointment expires _______________________ State of Washington County of Grant
I certify that I know or have satisfactory evidence that Rolando Garza, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________
__________________________________________
Notary Public My appointment expires _______________________
COML Council Packet 10-10-23, Page 39 of 208
POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein.
2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated.
3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer
shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked
automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
By _______________________________________ By Lynn Garza Date Rolando Garza Date
State of Washington County of Grant I certify that I know or have satisfactory evidence that Lynn Garza, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________ State of Washington County of Grant
I certify that I know or have satisfactory evidence that Rolando Garza, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________
__________________________________________ Notary Public My appointment expires _______________________
COML Council Packet 10-10-23, Page 40 of 208
COML Council Packet 10-10-23, Page 41 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, Interim City Manager 12674
Brian Baltzell, Director Municipal Services
10/10/2023 Consent Agenda
Reservoir 10 Final Design Amendment (GC2022-069)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
385,999.00$385,999.00$0.00$
Staff recommends proceeding with the final design for Reservoir 10 which is planned to be located at 4524 NE
Westshore Drive (next to Well 19 at Moses Point).
Amnd_No. 1_Exhibit A-B_Reservoir 10 Design and SDB_Reviewed by
RH2(PRC)_20230926.pdf 408.19KB
GC2022-069 Capital Project Budget 9-29-23.pdf 1.44MB
In late 2022, city staff members were tasked with proceeding with the long-planned Reservoir 10 design and
construction. City staff advertised a request for qualifications to assist with design in January of 2023. After
receiving seven Statements of Qualifications, the selection committee entered into negotiations with RH2. The
city opted to enter into an agreement for a high-level design alternatives analysis and DOH project report. After
reviewing four design alternatives, a welded steel standpipe design was determined to be the best value for the
city based on the following criteria: Net Cost, Reliability and Redundancy, Impacts to System Hydraulics, Wate
Quality, Regulatory Approval, and Neighborhood Impacts.
With the alternatives analysis complete and the internal project report review in process, the next step is to
begin final detailed design of Reservoir 10. The Public Works department is in favor of awarding the
amendment for the Reservoir 10 final design, permitting assistance, and certain services during bidding, to
RH2.
This contract amendment would allow planned and budgeted funds to be spent.
COML Council Packet 10-10-23, Page 42 of 208
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
City staff will execute the amendment with RH2 for proceeding with Reservoir 10 final detailed design, permitting
assistance and certain services during bidding.
Staff will develop options for the recommended changes.
City staff will await further instructions.
COML Council Packet 10-10-23, Page 43 of 208
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EXHIBIT A
Scope of Work
Amendment No. 1
City of Moses Lake
Reservoir 10 Construction
Final Design, Permitting, and Services During Bidding
September 2023
Background
The City of Moses Lake (City) intends to construct a new Reservoir 10 in the Moses Pointe Closed
Pressure Zone. The City’s existing Well No. 19 site at the Links at Moses Pointe currently pumps water
to the Moses Pointe Booster Pump Station (BPS) in the summer months, with excess capacity
bypassed around the BPS to the lower pressure zone in low demand periods. In the winter, Well
No. 19 is turned off and supply to the pressure zone is provided by the BPS.
RH2 Engineering, Inc., (RH2) performed an alternatives analysis of four different reservoir types, and
the City has chosen to construct a standpipe reservoir at the Well No. 19 site. The project site is
located within unincorporated Grant County (County), outside of the existing City limits. The
proposed Reservoir 10 will be an approximately 3.5-million-gallon (MG) reservoir that complies with
current seismic codes, increases system-wide storage, and helps eliminate the City’s water service
area from operating as a closed pressure zone. Project design also will include a
recirculation/rechlorination building and associated site work.
RH2 has prepared this Scope of Work to include the following items:
1. Preliminary design, including geotechnical investigations.
2. Project permitting, including land-use and construction related permits to build the reservoir.
3. Final design and bid-ready construction contract documents, specifications, design plans, and
an Engineer’s opinion of probable construction costs (OPCC).
4. Support to the City during project bidding.
Stormwater runoff will be collected and treated onsite with a stormwater system designed in
accordance with the Washington State Department of Ecology’s (Ecology) Stormwater Management
Manual for Eastern Washington (SWMMEW).
Services during construction will be provided as an amendment to this Scope of Work during the
project bidding phase at the City’s request.
General Assumptions
In preparing this Scope of Work, the following assumptions were made:
• RH2 will rely upon the accuracy and completeness of information, data, and materials
generated or produced by the City or others in relation to this Scope of Work. RH2 assumes
COML Council Packet 10-10-23, Page 44 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
2
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that the entity providing such information to RH2 is either the owner of such information or
has obtained written authorization from the owner to distribute said information.
• Deliverables will be submitted in electronic format (PDF) unless otherwise noted.
• All meetings will take place via video conference unless otherwise noted.
• RH2 will perform the services described up to the amounts included in the attached Fee
Estimate. If additional effort is needed, that extra work will be mutually determined by the
City and RH2.
• Federal Aviation Administration (FAA) review and approval is not required, as the tank does
not meet the Notice Criteria.
Task 1 – Project Management Services
Objective: Manage RH2’s project team and maintain frequent client communications, including
phone calls, emails, and progress meetings. Maintain project schedule and track compliance with
state and local requirements for the plans and specifications throughout the duration of the contract.
Approach:
Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and
coordinate technical disciplines as described herein and implement quality assurance and
quality control (QA/QC) reviews to execute this Scope of Work in close coordination with City
staff.
Document and retain information generated during the execution of the project.
Prepare monthly invoices and budget status summaries.
Prepare for and attend progress meetings with City staff as requested. Prepare meeting agenda
and minutes. A total of three (3) progress meetings are assumed in the Fee Estimate in addition
to the other milestone and review meetings identified elsewhere in this Scope of Work.
Create, maintain, and update a project design schedule. Monitor, modify, and update the
project schedule throughout the design phase to determine potential impacts of proposed
changes. Adjust the schedule to reflect the current status of the project and revisions made to
this Scope of Work.
Provided by the City:
• Monthly invoice template and/or preferences for RH2’s project manager.
• Attendance and participation in progress meetings.
RH2 Deliverables:
• Monthly invoices and budget status summaries.
• Attendance, participation, meeting agendas, and minutes for progress meetings.
COML Council Packet 10-10-23, Page 45 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
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• Project schedule updates.
Task 2 – Funding Assistance
Objective: Assist the City with preparing one (1) Drinking Water State Revolving Fund (DWSRF) loan
or equivalent application to help fund the project.
Approach:
Coordinate with the DWSRF team and the Washington State Department of Health (DOH) to
review project components and potential requirements.
Prepare one (1) loan application for City review.
Revise the loan applications per City comments.
Submit application responses in electronic format for the City to cut and paste into the online
application format.
Assumptions:
• RH2 cannot warrant or guarantee the approval or acceptance of the loan application.
• The City will pay all application and review fees directly.
• The City will be the applicant for the loan application, with RH2 acting as the City’s authorized
agent.
• RH2 will prepare the loan application and the City will complete the online submittal.
• Preparation of documents associated with an environmental and cultural review, and an
investment grade audit are not included in this Scope of Work. These reviews and audits must
be completed following approval of the loan application. RH2 can prepare an amendment to
this Scope of Work if the loan application is approved and the City requests that RH2 prepare
these documents.
Provided by the City:
• Review and sign the loan application.
RH2 Deliverables:
• Records of agency correspondence records (electronic copies).
• One (1) Microsoft Word version of the application responses and one (1) PDF copy of the loan
applications.
Task 3 – Geotechnical Investigations and Report
Objective: Acquire geologic, geotechnical, and geohazard information based on the soil and
groundwater conditions at the proposed reservoir site. Evaluate soil, geotechnical, and groundwater
conditions to support reservoir design and construction, and prepare recommendations for shoring,
groundwater control, and backfill for the reservoir site.
COML Council Packet 10-10-23, Page 46 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
4
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Approach:
Review available geotechnical reports developed for the site or immediate vicinity, including
the October 2022 Geotechnical Engineering Report by GeoEngineers, Inc.
Investigate shallow soil conditions using a City-provided backhoe and operator to excavate
three (3) exploration test pits at the reservoir site. Collect soil samples and transport to a soil
laboratory for testing services.
Prepare a geotechnical investigation technical memorandum for the reservoir site and
foundation design. Describe subgrade conditions, soil bearing capacities and earth pressures,
and groundwater conditions, including shoring and dewatering requirements. Prepare
recommendations for reservoir subgrade preparation and backfill of water supply trenches for
the reservoir excavation. Include other pertinent information for the design and construction
of the proposed below- and above-grade structures.
Assumptions:
• RH2 will subcontract for soil laboratory services. No site preparation is required for the test
pit investigation.
• RH2 is not responsible for site safety or directing the operator in their work.
Provided by the City:
• Existing geotechnical engineering reports for the site or vicinity.
• Backhoe and operator for test pit investigation.
RH2 Deliverables:
• Geotechnical investigation technical memorandum.
Task 4 – Preliminary Design
Objective: Prepare a basis of design document that summarizes design criteria, standards, and codes
governing the design. Prepare preliminary (30-percent) design plans for City review.
Approach:
Summarize criteria, standards, guidance, and/or codes governing the design. Develop a
checklist for presenting design choices to the City. Maintain the checklist during design and
submit to the City when revisions are made. Establish structural design criteria using geology
and location to identify seismic design parameters per United States Geological Survey data
and to design snow and wind loads, soil loads, live loads, unbalanced load criteria, and load
combinations.
Prepare cover sheet, existing site plan, and erosion and sedimentation control plan.
Prepare preliminary construction and finished grading plans and details.
COML Council Packet 10-10-23, Page 47 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
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Prepare preliminary site and utility plans and details. Profile views will be generated to check
for conflicts with known utilities. Establish planting zones and areas with special planting
considerations, such as screening.
Prepare preliminary stormwater collection system design plans.
Prepare preliminary reservoir plan and elevation views to illustrate the reservoir size,
elevations, and geometry, and to show the location of the proposed reservoir and its
appurtenances.
Prepare preliminary mechanical plans detailing reservoir piping, mechanical components, and
the potential mixing system.
Prepare preliminary design of main reservoir structural elements. Determine the general
configuration of the tank walls and floor, foundation, roof shape, and support system. Prepare
schematic structural drawings of the tank structure, including reservoir elevations, foundation
and floor plans, and roof plan. Develop schematic structural details of the tank structure to
convey the City’s preferences, including accessory/appurtenance preferences.
Size the rechlorination system.
Prepare preliminary design of recirculation/rechlorination building. Prepare schematic
structural drawings of building including elevations, foundation and floor plans, and roof plan.
Prepare preliminary mechanical plans detailing recirculation and rechlorination piping,
mechanical components, and tank locations.
Prepare preliminary design of the electrical/control components. Identify electrical, control,
monitoring, and security features and appurtenances for the proposed water reservoir for
review and discussion with the City. Provide a list of features and appurtenances that would be
typical for water reservoirs.
Prepare a preliminary OPCC.
Perform in-house QA/QC review of the preliminary design plans.
Prepare for and attend a 30-percent review meeting with the City. Prepare and distribute
meeting agenda and minutes.
Assumptions:
• Structural design will conform to the 2021 International Building Code and American Society
of Civil Engineers Standard 7-22.
• Specifications will not be provided as part of this Task. The design criteria developed during
this stage will be further expanded based on the City preferences established as part of this
Task. Results of the geotechnical investigation are to be incorporated into the design criteria.
Provided by the City:
• Design criteria preferences in the RH2-provided design criteria checklist.
COML Council Packet 10-10-23, Page 48 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
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• Review comments on 30-percent design plans.
RH2 Deliverables:
• Design criteria checklist.
• List of features and appurtenances that would be typical for water reservoirs.
• 30-percent design plans and OPCC.
• Meeting agenda and minutes for 30-percent design review meeting.
Task 5 – Permitting Assistance
Objective: Assist the City in securing permits for project land use and construction approval.
Approach:
Coordinate with the City and County to review the project components and confirm anticipated
permits, required application materials, processes, and review timelines using the preliminary
design plans developed in Task 4. Apply for and attend a pre-application meeting with the
County, as requested.
Perform environmental site investigation and document existing site conditions. Collect site
photographs and site conditions information to incorporate into project permits.
Prepare a State Environmental Policy Act (SEPA) Checklist. Provide draft SEPA Checklist for City
staff review and finalize based on City comments. Submit final SEPA Checklist for lead agency
processing, determination, and public notice. It is assumed lead agency determinations will be
made in coordination with the City and County in subtask 5.2.
Prepare a County Conditional Use Permit (CUP) application, including Criteria of Approval
Responses, Critical Areas Checklist, and a project narrative. Provide draft CUP package to City
staff for review and finalize based on City comments. Submit final CUP package and supporting
documentation to the County. Support the City during CUP review and Hearing Examiner
decisions by responding to requests for information or City review comments, as requested. All
site and civil design related to the proposed site improvements will be included in the CUP
application. CUP review will be coordinated with SEPA review, depending on the lead agency
determination for SEPA processing.
Subcontract and coordinate with a cultural resources subconsultant to perform cultural
overview, survey, and reporting work for the project. It is anticipated that the cultural resources
subconsultant will prepare an overview report for initial consultation with the Washington
State Department of Archaeology and Historic Preservation (DAHP) and affected Indian Tribes.
If requested, the cultural resources subconsultant will perform a survey of the project site and
update the overview report to address this work. The cultural resources survey report will be
finalized with consultation input from DAHP and the Tribes. The cultural resources
subconsultant will prepare an inadvertent discovery plan (IDP) as part of the survey report. It is
COML Council Packet 10-10-23, Page 49 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
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assumed the project will have no, to minimal, impacts on cultural resources, and no mitigation
will be required.
Prepare a Building Permit (BP) application package, including applicable subsidiary permits for
site approach, addressing, and grading. Provide draft BP application package to City staff for
review and finalize based on City comments. Submit final BP and supporting plans, calculations,
studies, etc. to the County at 90-percent design completion, which likely will require some
modification to obtain approvals. Respond to County review comments and/or questions.
Complete one (1) round of edits to address County review comments and resubmit materials
for final review.
Prepare construction documents for review by DOH based on 90-percent review plans and
technical specifications developed in Task 8 as required by Washington Administrative Code
246-290-120. Respond to DOH comments received from the preliminary Project Report
submitted under the original contract and prepare an updated Project Report for submittal, if
requested. Provide one (1) resubmittal of construction documents to DOH if requested.
Assumptions:
• The City will pay all permit fees directly.
• The City acknowledges that the permit review process timeline may vary and RH2 cannot
guarantee a date for agency response and approval. Timely permit reviews are essential to
meeting the project schedule.
• Pre-application meetings will be conducted virtually and attended by up to three (3) RH2 staff.
• Right-of-entry approvals for environmental site investigations are not needed because the City
owns the existing Well No. 19 site.
• The City or County may act as lead agency for processing the SEPA Checklist. Lead agency
status should be determined by and agreed upon by City and County staff during early project
coordination.
• Per County Code Chapter 23.04, the project’s proposed use is allowed within the zoning district
of the site (Urban Residential 2) through a CUP review process.
• Support for the City during the CUP review and public hearing process is difficult to predict;
RH2 has included up to ten (10) hours of RH2 staff time to assist. If additional effort is needed,
RH2 and the City can prepare an amendment to this Scope of Work and Fee Estimate.
• The project site is mapped within areas of very high risk of encountering as-yet discovered
cultural resources per DAHP data, and therefore, cultural resources review is anticipated.
• RH2 understands the City may apply for State-agency grant or loan funding, which typically
triggers cultural review processes consistent with Governor’s Executive Order 21-02. By
signing this amendment, the City acknowledges that RH2 can engage Plateau Archaeological
Investigations, LLC, as a subconsultant immediately upon execution and that the thirty (30)
COML Council Packet 10-10-23, Page 50 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
8
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day written consent requirement will be waved. If additional loan requirements are needed,
an amendment may be needed.
• The level of effort involved in County review and potential BP resubmittals is difficult to
predict; therefore, RH2 has included up to twelve (12) total hours of staff time for resubmittal
coordination. RH2 will only expend the effort to address County review comments and
resubmit for approval. If additional effort is needed, RH2 will review with the City and provide
an amendment to the Scope of Work and Fee Estimate.
• Preparation of structural calculations (to be attached to the BP application) is included as part
of the 60-percent design in Task 7. Preparation of stormwater compliance documents is
included in Task 6.
• The project footprint including construction staging, parking, etc. will be less than one (1) acre
of land and will not require a National Pollutant Discharge Elimination System Permit or a
Construction Stormwater General Permit from Ecology.
• The preliminary Project Report was prepared and submitted under the original contract scope
of work. The final Project Report included in subtask 5.7 will address DOH comments on the
preliminary submittal.
• No work within a County right-of-way (ROW) is anticipated; therefore, no County ROW Permit
will be required.
• The project does not contain regulated waterbodies, floodplains, or functional sagebrush
steppe habitat, and is not subject to the County’s Critical Area Ordinance.
Provided by the City:
• Payment of all permit fees.
• Public and neighborhood coordination, as needed.
• Attendance at pre-application meeting.
• Review and comment on permit applications.
RH2 Deliverables:
• Pre-application meeting package, SEPA Checklist, CUP package, cultural resources
documentation, BP application package, and DOH final approval package in electronic format
and up to two (2) hard copies.
COML Council Packet 10-10-23, Page 51 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
9
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Task 6 – Stormwater Engineering and Drainage Plan
Objective: Perform stormwater analyses and prepare documentation for compliance with Ecology’s
SWMMEW. Prepare stormwater design improvements for integrating the stormwater system with
the overflow requirements for the reservoir.
Approach:
Develop site improvement plans required for drainage review. Design an on-site and off-site
stormwater management system to convey, retain/detain, disperse, and retain/release
stormwater runoff. This system will include conveyance and flow control Best Management
Practices as required by the SWMMEW.
Perform downstream analysis for draining the water from the reservoir and identify
downstream improvements to accommodate the drain water from the reservoir. It is assumed
that de-chlorination will occur at the reservoir site before the drain water leaves the reservoir
property.
Perform and document a qualitative off-site analysis for potential off-site impacts of
stormwater discharge. An off-site quantitative analysis and/or mitigation is anticipated after
performing the qualitative off-site analysis.
Prepare a Stormwater Site Plan (Drainage Report) conforming to the SWMMEW.
Submit preliminary copies of the Drainage Report and site improvement plans for review by
the City. Prepare revisions to the Drainage Report and site improvement plans based on the
City’s review. Prepare the final Drainage Report and site improvement plans for permit
submittal.
Assumptions:
• Runoff treatment will not be required for this project since the reservoir roof will be
constructed of non-leachable material and the infrequently used maintenance access roads
will not be considered pollution-generating surfaces by definition.
• The site is anticipated to be classified as Seismic Site Class C, with a low risk of structurally
damaging liquefaction and lateral spreading pending the findings of Task 3.
• The project will exceed the thresholds for requiring flow control, thereby creating the need to
develop a flow control facility for stormwater discharges in accordance with the SWMMEW
requirements.
• The proposed project will not discharge directly or indirectly into a wetland.
RH2 Deliverables:
• Preliminary and final Drainage Report and site improvement plans.
• Final Drainage Report and site improvement plans for permit submittal as part of the
90-percent plans and specifications.
COML Council Packet 10-10-23, Page 52 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
10
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Task 7 – 60-Percent Design
Objective: Prepare 60-percent reservoir construction plans and an updated OPCC for City review.
Project 60-percent construction contract documents and technical specifications. The 60-percent
plans shall include approximately 90 percent of all construction plan sheets.
Approach:
Prepare structural calculations for the reservoir, including lateral analysis, roof, shell, and
reservoir foundation. Prepare structural calculations for the control structure and generator
shelter. Provide QA/QC review of structural calculations. Make recommended updates and
additions to calculations per QA/QC review comments. Prepare and format calculations, with
supporting documentation, for the BP application.
Update OPCC. Items in the OPCC will be reviewed with the City prior to submittal.
Prepare site and utility plans to show the major utility appurtenances, such as isolation valves,
manholes, catch basins, and light poles. Landscaping plans will show the layout of specific plant
material with a suggested plant palette for the City’s permitting process review.
Prepare downstream stormwater improvements to accommodate reservoir drain water. This
subtask will not be necessary if the analysis in subtask 6.2 determines no improvements are
needed.
Provide a detailed design and draft plans of the reservoir foundation and a schematic design
and plans of the reservoir walls, roof, and accessories.
Prepare details for the configuration of the reservoir piping and mechanical components and
size the piping systems for the reservoir inlet, outlet, overflow, drain, and the foundation under
the drain. Plans will include equipment selection, pipe sizes and materials, thrust restraint,
vault sizing, selection, and drainage.
Prepare plans that show reservoir appurtenances, including access hatches, vents, exterior and
interior ladders or stairs, exterior roof access, roof platform, safety cages, and supports for
future cellular company conduits and antennae as requested or required.
Prepare details for the building, including design of all of the primary structural elements. Plans
will include building elevations, foundation and floor plans, roof plan, building sections, and
structural details.
Further detail the configuration of mechanical and chlorination system equipment. Plans will
include storage tank and metering pump selection, pipe sizes and materials, eyewashes/safety
showers, chemical injection piping runs, heating and ventilation, and water quality analyzers.
Prepare electrical design, including the following:
• Develop the design of electrical systems for operating appurtenances at the reservoir
including designing the lighting system, sizing raceways and conductors, and preparing
design details.
COML Council Packet 10-10-23, Page 53 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
11
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• Prepare process and instrumentation diagrams and telemetry plans.
• Coordinate the power supply requirements and meet with Grant County Public Utility
District No. 2 (PUD) to discuss the design criteria, review the power supply design, and
present the PUD with the design criteria. Develop power service plan and determine if the
existing power for Well No. 19 is adequate to support the additional load requirements for
Reservoir 10. Perform a site visit if deemed necessary to help determine the location and
routing of PUD equipment.
• Prepare an electrical site plan identifying the location of the new electrical service conduit,
site conduit routing, and proposed site improvements.
• Develop a security system plan and technical details.
Prepare telemetry system diagrams for the proposed telemetry system. The telemetry system
diagrams will show the proposed telemetry system input and output signals and interface
requirements. Coordinate the telemetry system design and City-supplied equipment with the
City and the City’s control system integrator.
Develop technical specifications using RH2’s modified Construction Specification Institute
technical specifications tailored for this project. Update the City’s standard legal and front-end
specifications for City legal review and modification. Develop schedule of prices, measurement
and payment descriptions, and summary of probable construction cost.
Provide in-house QA/QC review of 60-percent plans and specifications.
Prepare for and attend one (1) 60-percent review meeting with the City. Provide responses to
the City’s 30-percent review comments. Prepare and distribute meeting agenda and minutes.
Provided by the City:
• Legal review and modifications to front-end documents and non-technical specifications.
• Identification of City-supplied equipment related to the proposed telemetry and control
system.
• Review comments on 60-percent design plans and specifications.
RH2 Deliverables:
• Structural calculations for BP submittal, including three (3) hard copies and one (1) electronic
PDF.
• 60-percent OPCC.
• 60-percent front-end and technical specifications.
• 60-percent design plans.
• Meeting agenda and minutes for 60-percent review meeting.
• Responses to City’s 30-percent review comments.
COML Council Packet 10-10-23, Page 54 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
12
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Task 8 – 90-Percent Design
Objective: Prepare 90-percent reservoir and site improvement construction plans and an updated
OPCC for review by the City. The comments developed during the 60-percent review process will be
addressed. It is anticipated that 90-percent review comments will be constrained to details that were
developed subsequent to the 60-percent review submittal, or that were revised or unresolved during
the 60-percent review process. The 90-percent plans shall include 100 percent of the construction
plan sheets. At the end of the 90-percent project design task, design details shall be included in the
plans and specifications.
Approach:
Incorporate the City’s 60-percent review comments into the design plans. Site, structural,
mechanical, and electrical plans will be revised. Preliminary details will be revised, and
outstanding minor details will be developed. At this point of the design, the submittal is to
include the plans in the construction contract documents to be ready for permitting. Provide
responses to the City’s 60-percent review comments.
Prepare 90-percent front-end specifications. Coordinate with the City regarding advertising
dates and bid opening date and time.
Update technical specifications to include additions and revisions per 60-percent review
comments.
Prepare the 90-percent OPCC based on information supplied by material vendors and similar
projects adjusted for anticipated bidding conditions.
Perform 90-percent in-house QA/QC review of plans and specifications. Update the estimated
construction time schedule. Include line items for long lead time materials and equipment.
Prepare for and attend one (1) 90-percent review meeting with the City. Prepare and distribute
meeting agenda and minutes.
Provided by the City:
• Review comments on 90-percent design plans and specifications.
RH2 Deliverables:
• Responses to City’s 60-percent review comments.
• 90-percent OPCC.
• 90-percent front-end and technical specifications.
• 90-percent design plans.
• Meeting agenda and minutes for the 90-percent review meeting.
COML Council Packet 10-10-23, Page 55 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
13
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Task 9 – Bid-Ready Documents
Objective: Incorporate agency review and City comments into the bid-ready design plans and
specifications. Perform a final QA/QC review. By the end of this Task, the plans and specifications will
be ready for reproduction for bidding purposes.
Approach:
Update structural calculations with additions or revisions requested in the BP review.
Incorporate agency review comments and City comments into 90-percent design plans. Prepare
bid-ready site and off-site roadway (including landscaping and irrigation), structural,
mechanical, and electrical plans. Preliminary details will be finalized, and outstanding minor
details will be developed and finalized. Provide responses to the City’s 90-percent review
comments.
Address comments on the 90-percent specifications and prepare bid-ready construction
contract documents accordingly.
Perform in-house QA/QC review of bid-ready plans, specifications, and construction contract
documents.
Prepare a final OPCC, formatted for bidding, and provide a range of probable construction costs
in the bid documents for the purpose of establishing a bid bond value.
RH2 Deliverables:
• Responses to City’s 90-percent review comments.
• Bid-ready construction contract documents and technical specifications in electronic PDF and
Word format.
• Bid-ready design plans.
• Final OPCC.
Task 10 – Services During Bidding
Objective: Assist the City during the project bidding. It is assumed that the City will advertise the
project and be the main point of contact for bidders. RH2 will assist the City with contractor questions.
Approach:
Prepare bid advertisement and coordinate the timing and placement of the bid advertisement
with the City. The City will submit the advertisement to the appropriate publications.
Attend one (1) pre-bid walkthrough with the City and prospective bidders. Agenda for pre-bid
meeting will be electronic. No formal minutes will be prepared and questions and answers for
contractors will be summarized via addenda.
Respond to contractor or supplier technical questions during bidding.
COML Council Packet 10-10-23, Page 56 of 208
City of Moses Lake Exhibit A
Reservoir 10 Construction Scope of Work
Final Design, Permitting, and Services During Bidding Amendment No. 1
14
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Prepare up to two (2) addenda to clarify, revise, or change the construction plans, technical
specifications, or project conditions during the bidding process.
Attend the bid opening if requested. Review bidders’ qualifications and prepare a letter of
recommendation of award.
Create electronic conformed for construction contract documents for contractors, if requested.
Assumptions:
• RH2 will perform the services described to the level of effort identified in the included Fee
Estimate. If additional effort is required, that extra work will be mutually determined by the
City and RH2.
• The City is responsible for construction contract execution.
Provided by the City:
• Payment of advertisement fees and posting of documents for online bidding.
• Attendance at pre-bid walkthrough with prospective bidders.
• Issuance of up to two (2) addenda.
• Construction contract execution.
RH2 Deliverables:
• Bid advertisement.
• Agenda and attendance at pre-bid walkthrough.
• Responses to contractor or supplier questions via telephone or email.
• Up to two (2) addenda.
• Bid tabulation.
• Letter of recommendation of award.
• Conformed for construction contract documents.
Task 11 – Services During Construction
An amendment for Services During Construction will be negotiated between the City and RH2 during
the preparation of the bid-ready design.
Project Schedule
It is the goal of both parties that this Scope of Work be completed by the end of July 2024. The parties
acknowledge that permitting submittals with the County are outside of RH2’s control and can vary,
resulting in impacts that may extend this Scope of Work beyond July 2024. The schedule for this
project may be modified as mutually agreeable to RH2 and the City.
COML Council Packet 10-10-23, Page 57 of 208
EXHIBIT B
Fee Estimate
Amendment No. 1
City of Moses Lake
Reservoir 10 Construction
Final Design, Permitting, and Services During Bidding
Sep-23
Description Total
Hours
Total Labor Total
Subconsultant
Total
Expense
Total Cost
Task 1 Project Management Services 104 22,116$ -$ 833$ 22,949$
Task 2 Funding Assistance 26 4,870$ -$ 130$ 5,000$
Task 3 Geotechnical Investigations and Report 40 10,210$ -$ 690$ 10,900$
Task 4 Preliminary Design 342 69,078$ -$ 6,822$ 75,900$
Task 5 Permitting Assistance 185 34,629$ 6,900$ 2,071$ 43,600$
Task 6 Stormwater Engineering and Drainage Plan 98 19,632$ -$ 1,768$ 21,400$
Task 7 60-Percent Design 534 106,638$ -$ 11,512$ 118,150$
Task 8 90-Percent Design 252 51,700$ -$ 3,950$ 55,650$
Task 9 Bid-Ready Documents 92 18,874$ -$ 1,776$ 20,650$
Subtotal Reservoir 10 Construction Tasks 1673 337,747$ 6,900$ 29,552$ 374,199$
Task 10 Services During Bidding 54 11,128$ -$ 672$ 11,800$
Subtotal Services During Bidding Tasks 54 11,128$ -$ 672$ 11,800$
PROJECT TOTAL 1727 348,875$ 6,900$ 30,224$ 385,999$
\\corp.rh2.com\projects\Project\Data\MLK\23-0089\00 Contract\Amend No. 1\Amnd_No. 1_FEE_MLK_Reservoir 10 Design and SDB 9/26/2023 11:19 AMCOML Council Packet 10-10-23, Page 58 of 208
COML Council Packet 10-10-23, Page 59 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, Interim City Manager 12729
Shannon Springer, Director Human Resources
10/10/2023 New Business
Moses Lake Police Officer's Guild CBA
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
3,890,374.00$3,715,374.00$175,000.00$
Authorize Interim City Manager to sign MOU with City of Moses Lake Police Officer's Guild regarding wages and
benefits.
1. The City of Moses Lake and the Moses Lake Police Officer’s Guild entered into a Collective Bargaining
Agreement (CBA) on the 3rd day of May 2022.
2. Article 12.01 Appendix A specified “the employees agree to reopen the parties’ collective bargaining
agreement in 2024 and 2025 for the sole purpose of negotiating based wages and deferred compensation.”
3. Article 16.08 cited “in the event that an officer is killed in the line of duty, the officer’s beneficiary will be
entitled to 100% compensation of the employee’s sick leave to maximum accumulation of 480 hours. Payout
will follow the City’s Sick Leave Payout policy. The City and Union agree to reopen discussion on sick leave
payout to an HRA once the city has an opportunity to investigate requirements and plan set-up.”
4. Article 18.08 cited “Employees of the bargaining unit will be eligible to sell back up to 40 hours of
compensatory time in November of the calendar year. The cash out will be paid at the hourly rate for which the
compensatory time was earned. The employee may also choose to have the 40 hours of compensatory time
paid into the employee’s ICMA Retirement Health Savings Account.”
Regarding the above, the City and Union have negotiated the following:
1. Article 12 – Wages/Out-of-Class Pay/Longevity Scale – Appendix A
The wages in Appendix A for 2023 will be increased by 4% effective July 1, 2023. Wages in 2024 will increase
4% on January 1, 2024 and 4% on July 1, 2024 as shown below.
July 2023 Mid-Year - 4% increase from current
Cl ifi ti E t St 2 St 3 St 4 T COML Council Packet 10-10-23, Page 60 of 208
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Classification Entry Step 2 Step 3 Step 4 Top
Sergeant $ 52.15
Corporal $ 49.20
Officer $ 36.76 $ 38.97 $ 41.31 $ 43.79 $ 46.41
January 2024 - 4% increase
Classification Entry Step 2 Step 3 Step 4 Top
Sergeant $ 54.24
Corporal $ 51.17
Officer $ 38.23 $ 40.53 $ 42.96 $ 45.54 $ 48.27
July 2024 - 4% increase
Classification Entry Step 2 Step 3 Step 4 Top
Sergeant $ 56.41
Corporal $ 53.21
Officer $ 39.76 $ 42.15 $ 44.68 $ 47.36 $ 50.20
For contract year 2025 the wages in effect on December 31, 2024, shall be increased by 100% of the June to
June 12-month change in the Consumer Price Index for all Consumer Price Index for Urban Wage Earners
(CPI-U), West Region. Minimum increase shall be 2%, maximum increase shall be 4%.
2. Article 16.08 – Line of Duty Death
The City will amend its current ICMA Retirement Health Savings (RHS) adoption agreement to add the police
guild as a group. Mandatory participation will be required by all employees in the covered group. The City’s
sick leave payout policy will be followed and allow that in the event that an officer is killed in the line of duty, the
officer’s beneficiary will be entitled to 100% compensation of the employee’s sick leave to a maximum
accumulation of 480 hours.
3. Article 18.08 – Compensatory Time Buy Back.
The current CBA language will read as follows to reflect the Union’s decision to not want the option to provide
for sick leave payout to an HRA:
Employees of the bargaining unit will be eligible to sell back up to 40 hours of compensatory time in November
of the calendar year. The cash out will be paid at the hourly rate for which the compensatory time was earned.
4. New Benefits
The City will amend its current ICMA Retirement Health Savings (RHS) adoption agreement to add the police
guild as a group. Mandatory participation will be required by all employees in the covered group and will set out
a $150 per monthly contribution from each employee by payroll deduction. Funds contributed to the RHS will be
available upon separation of service.
The plan will also be set up to allow for payout of accrued sick leave and vacation to the allowable max to be
paid into the Retirement Health Savings (RHS) account. Sick leave will follow city policy of payment upon
retirement from the City of Moses Lake. Vacation payout will follow Article 15 of the current CBA.
The City will initiate a Flexible Spending Account (FSA) effective January 1, 2024, allowing employee
participation on an annual basis (January to December) offering both the medical and childcare options.
The wage negotiations reflect comparables done showing PD wages below competitors.
Options and Results
The MOU with Moses Lake Police Officer's Guild will be executed as presented.
COML Council Packet 10-10-23, Page 61 of 208
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Address feedback from Council Members.
COML Council Packet 10-10-23, Page 62 of 208
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
12654
Fire
Old Business
To:
Kevin Fuhr, Interim City Manager
From
Brett Bastian, Chief
For Agenda of:
10/10/2023
Subject
Fire Impact Fee Ordinance and Resolution
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Action Requested
Staff requests Council move to adopt the ordinance establishing Fire Impact Fees and a second
motion to adopt the resolution updating the citywide fee schedule.
Packet Attachments (if any)
ImpactFee_PP_2023Update.pptx
Impact Fee Resolution
Impact Fee Ordinance and Exhibit
Overview
The City Council held a study session on September 12, 2023, to review revised Fire Impact Fees. This matter
was brought before Council in January 2020, but as the City's Capital Facilities plan had not been updated it
was tabled. The City's Capital Facilities plan, including fire station inventory, has since been updated and staff is
requesting Council approval to move forward with Fire Impact Fees. Fire Impact Fees are calculated on
formulas outlined in the Impact Fee document attached and allow for a more streamlined approach to mitigate
negative impacts to fire protection as a result of new development when compared to the monetary component
review of SEPA mitigation for public safety.
Documents attached to this review are a fire impact fee resolution, a fire impact fee ordinance, the impact fee
rate study that was updated in 2023, and the Council presentation for fire impact fees that was presented at the
study session on September 12, 2023.
Establishment of impact fees would put the fees on the city's adopted fee schedule allowing developers to know
up front what their fees are rather than individually calculating rates through the monetary component of SEPA
for development subject to SEPA review. The establishment of impact fees would also spread the mitigation to
all new development rather than just that development subject to SEPA review.
REVISED Council Packet 10-10-23, Page 63 of 208
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Establishment of fire impact fees allow for the collection of fees from new development based on established
formulae in the rate study for mitigation of impacts to fire protection with regard to fire protection facilities
(stations).
Options and Results
Authorization of Fire Impact Fees would allow collection of fees to be included on the city fee schedule.
Staff will bring back options for recommended changes.
Impact fees would not be adopted and no changes would be made to current operations.
REVISED Council Packet 10-10-23, Page 64 of 208
10/9/2023
1
One time payment…
…by new development…
…for capital costs of facilities…
…needed by new development
Definition of Impact Fee
Reasons to Charge Impact Fees
Revenues: Needed for public facilities: ie: Fire Stations.
Policy: Growth pays a portion of costs of growth related
expansion of facilities so taxpayers don’t pay the whole cost.
Quality of life / Public Safety: Public facilities keep up with
growth
1
2
REVISED Council Packet 10-10-23, Page 65 of 208
10/9/2023
2
Rules for Impact Fees
Fair Share
Growth Only, not deficiencies
Nexus of benefit
Fee proportional to impacts
Credits
o No double charging
•Cannot rely solely on impact fees
•Cannot charge 100% of growth’s costs
Capital Facilities Plan
Part of the adopted comprehensive plan
The Planning Commission has reviewed and has had
opportunity to comment on both the capital facilities plan
and the comprehensive plan.
The Capital Facilities Plan lines out projected growth
requirements for fire facilities.
3
4
REVISED Council Packet 10-10-23, Page 66 of 208
10/9/2023
3
Alternatives to Impact Fees
Taxes
The city is already receiving the maximum amount of tax
authorized.
Reduce level of service
Less infrastructure, public expectation of fire suppression and
emergency medical services would need to be lowered, lowered
performance an additional deficiency points assigned by
Washington Survey and Rating Bureau, increasing insurance
costs for residential, commercial, and industrial occupancies.
Performance standard requires revision and adoption by council
to reflect the lowered expectation of performance.
Alternatives to Impact Fees
Forming a new Fire District/ Regionalization
The formation of a new fire district: Ie: Grant County Fire
District 1.
Taxing authority would move to the new district.
Would still need a benefit charge, levy, or other funding
mechanism to provide for fire protection.
Formation of a regional fire authority has similar funding issues
to formation of a new fire district.
Forming a fire protection region must be done extremely
carefully to ensure existing resources are not “diluted” when
forming a regional response with disparate response
responsibilities.
5
6
REVISED Council Packet 10-10-23, Page 67 of 208
10/9/2023
4
Reasons to Charge Impact Fees
Revenue: for needed public facilities
Public Safety: Ensuring growth does not further dilute
existing emergency response.
Policy: growth pays a portion of costs, so taxpayers don’t pay
the whole cost.
Example: Fire Station 1
Constructed 1996
Response area, 1997: 6.82 Sq. Miles
Current: 14.68 square miles
115% increase since opening.
New Development Impacts
New development has increased call volume.
Existing facilities are not keeping pace with growth…more
response volume means less availability for existing tax payers.
The city has taken much needed steps in recent years to correct
deficiencies:
Fleet improvement program: Average age of Class A units under 7 years.
Increased command and control functionality with staffing and apparatus.
Significant improvement in staffing (we are looking at requesting a special
rating by WSRB as we are close to moving to a Class 3 department with recent
improvements—new station(s) would benefit this area).
7
8
REVISED Council Packet 10-10-23, Page 68 of 208
RESOLUTION NO. 3956
A RESOLUTION AMENDING THE CITYWIDE FEE SCHEDULE TO INCLUDE THE NEW FIRE IMPACT FEES RECITALS:
1. The study for the development of Fire Impact Fees has been completed.
2. This study was conducted in accordance with RCW 82.02.090(7) and it was based upon the various land use categories within the City.
3. Fire Impact Fee Regulations were adopted by Ordinance 3027 on October 10, 2023.
RESOLVED: 1. The Moses Lake City Council establishes Fire Impact Fees as follows.
Fee Description Base Fee + Administrative Fee Code Reference Deferred Impact Administration - nte 20/yr $85.00 per request N-A MLMC 21.03.030(f) Independent Calculation $100.00 per request
N-A MLMC 21.03.050(a)
Single and Two Family Residential Development $420.85 $21.04 per unit MLMC 21.03.170-180
Multi-Family Non-Sprinkled Development $420.85 $21.04 per unit “”
Multi-Family Sprinkled Development $420.85 $21.04 per unit “”
Hospitals and Clinics $0.73 $0.0365 square foot “”
Skilled Nursing and
Licensed Care Facilities
$0.73 $0.0365 square foot “”
Hotel-Motel Development $0.26 $0.013 square foot “”
Office Development $0.07 $0.0035 square foot “”
Retail Development $0.07 $0.0035 square foot “”
Industrial Development,
with no connected on site
suppression water storage
$0.10 $0.005 square foot “”
Industrial Development,
with full fire flow suppression water storage on site
$0.07 $0.0035 square foot “”
Restaurants $0.03 $0.0015 square foot “”
Churches $0.02 $0.001 square foot “”
Education Development $0.02 $0.001 square foot “” 2. The Fire Impact Fees are established in accordance with RCW 82.02.090.
3. This fee schedule will be included in the City Fee Schedule.
Adopted by the City Council on October 10, 2023.
____________________________________
Don Myers, Mayor ATTEST:
______________________________________
Debbie Burke, City Clerk
ORDINANCE NO. 3037
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, ADDING A NEW TITLE 21 DEVELOPMENT IMPACTS, AND CHAPTER 21.03 TO THE MOSES LAKE MUNICIPAL CODE TITLED “FIRE IMPACT FEES”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE DO ORDAIN AS FOLLOWS:
Section 1. A new Title 21 “Development Impacts” is added to the Moses Lake Municipal Code.
Section 2. A new chapter, 21.03, titled “Fire Impact Fees” is added to the Moses Lake Municipal Code as follows:
Chapter 21.03 FIRE IMPACT FEES
Sections:
21.03.010 Findings and authority.
21.03.020 Definitions.
21.03.030 Assessment of impact fees.
21.03.040 Collection of impact fees.
21.03.050 Independent fee calculations.
21.03.060 Exemptions.
21.03.070 Fire impact fees relating to change of use.
21.03.080 Adjustments.
21.03.090 Establishment of impact fee accounts.
21.03.100 Refunds.
21.03.120 Use of funds.
21.03.130 Review of schedule and fee increases.
21.03.140 Appeals.
21.03.150 Responsibility for payment of fees.
21.03.160 Existing authority unimpaired.
21.03.170 Fire impact fee schedule.
21.03.180 Administrative fees.
21.03.010 Findings and authority.
REVISED Council Packet 10-10-23, Page 71 of 208
The city council finds and determines that new growth and development in the city, including but not limited to
new residential, commercial, retail, office, and industrial development, will create additional demand and need
for fire protection facilities in the city and the council finds that new growth and development should pay a
proportionate share of the cost of fire protection facilities needed to serve the new growth and development.
The city has conducted a study documenting the procedures for measuring the impact of new developments on
fire protection facilities. This study has contributed to the rates established in the fee schedule of the city of
Moses Lake. The city has prepared a capital facilities plan documenting the impact of new development within
the city. The city council accepts the methodology and data contained in the capital facilities plan. Therefore,
pursuant to Chapter 82.02 RCW, the city council adopts this chapter to assess impact fees for new fire
protection facilities within the city. The provisions of this chapter shall be liberally construed in order to carry out
the purposes of the council in establishing the impact fee program.
21.03.020 Definitions.
The following words and terms shall have the following meanings unless the context clearly requires otherwise.
Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and
customary meaning.
(a) “Act” shall mean the Growth Management Act, Chapter 36.70A RCW.
(b) “Applicant” means the owner of real property according to the records of the Grant County department of
records and elections, or the applicant’s authorized agent.
(c) “Building Area” means the total square footage of the building, including basements and mezzanines.
(d) “Building permit” means the official document or certification that is issued by the planning and building
department and that authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, tenant improvement, demolition, moving or repair of a building or structure.
(e) “Capital facilities” means the facilities or improvements included in the capital facilities plan.
(f) “Capital facilities plan” means the capital facilities plan element of the city’s comprehensive plan adopted
pursuant to Chapter 36.70A RCW, and such plan as amended.
(g) “City” means the city of Moses Lake.
(h) “Council” means the city council of Moses Lake.
REVISED Council Packet 10-10-23, Page 72 of 208
(i) “Department” means the fire department.
(j) “Director” means the director of the community development department, or the director’s designee.
(k) “Dwelling unit” means a building, or portion thereof, designed for residential occupancy consisting of one or
more rooms for living or sleeping purposes and containing kitchen, sleeping, and sanitary facilities for use
solely by one family.
(l) “Fire flow calculation area” means the total floor area as defined in Section 16.50.030 MLMC.
(m) “Fire protection facilities” means fully equipped fire stations, administrative offices, training grounds and
structures, maintenance facilities and other specialized facilities required for the City to locate and house
firefighting and emergency medical equipment, and fire suppression equipment.
(n) “Fire protection system improvements” means fire protection facilities that will benefit new development
and that have been included in the city of Moses Lake’s capital facilities plan and are designed to provide
service to service areas within the community at large (not private facilities).
(o) “Gross floor area” means the total square footage of livable area of any dwelling unit and the gross
leasable square footage area of any nonresidential building, structure, or use, including accessory uses.
(p) “Hearing examiner” means the person who exercises the authority of Chapter 18.80.
(q) “Impact fee” means a payment of money imposed by the city on an applicant prior to issuance of a
building permit as a condition of granting a building permit in order to pay for the public facilities needed to
serve new growth and development. “Impact fee” does not include a reasonable permit fee or application fee.
(r) “Impact fee account” or “account” means the account established for the fire protection facilities’ impact
fees collected. The account shall be established pursuant to this chapter and shall comply with the
requirements of RCW 82.02.070.
(s) “Independent fee calculation” means the study of data submitted by an applicant to support the
assessment of an impact fee other than the fee in the schedule attached as set forth in Section 21.03.160.
(t) “Interest” means the interest rate earned by local jurisdictions in the State of Washington Local
Government Investment Pool, if not otherwise defined.
REVISED Council Packet 10-10-23, Page 73 of 208
(u) “Low-income housing” means (1) an owner-occupied housing unit affordable to households whose
household income is less than eighty percent of the Grant County median income, adjusted for household size,
as determined by the United States Department of Housing and Urban Development (HUD), and no more than
thirty percent of the household income is paid for housing expenses, or (2) a renter-occupied housing unit
affordable to households whose income is less than sixty percent of the Grant County median income, adjusted
for household size, as determined by HUD, and no more than thirty percent of the household income is paid for
housing expenses (rent and appropriate utility allowance). In the event that HUD no longer publishes median
income figures for Grant County, the city may use or determine such other method as it may choose to
determine the Grant County median income, adjusted for household size. The director will make a
determination of sales prices or rents which meet the affordability requirements of this section. An applicant for
a low-income housing exemption may be a public housing agency, a private non-profit housing developer or a
private developer.
(v) “Multifamily housing” means building(s) having four (4) or more dwelling units designed for permanent
residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or
substandard buildings as defined in Chapter 18.23.020 MLMC (Zoning Code).
(w) “Owner” means the owner of real property according to the records of the Grant County recorder’s office;
provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall
be considered the owner of the real property.
(x) “Residential” means housing, such as single-family attached and detached dwellings, factory built
residential structures, manufactures homes, duplexes, condominiums, multifamily dwellings and all other listed
residential uses that may be described and approved under Chapter 18.20.030 MLMC. For the purpose of this
chapter, an accessory dwelling unit, regulated in Section 18.20.055 MLMC, is considered an adjunct to the
associated primary structure, and is not charged a separate impact fee.
(z) “Square footage” means the square footage of the gross floor area of the development.
21.03.030 Assessment of impact fees.
(a) The city shall collect impact fees, based on the fee schedule in Section 21.03.160, from any applicant
seeking a building permit from the city. The City hereby establishes, as the service area for impact fees, the
City of Moses Lake, including all property located within the corporate City limits and all property annexed into
the City. The scope of the service area is hereby found to be reasonable and established based on sound
planning and engineering principles, and consistent with RCW 82.02.060, as described in the Rate Study.
REVISED Council Packet 10-10-23, Page 74 of 208
(b) All impact fees shall be collected from the applicant prior to issuance of the building permit based on the
land use categories in Section 21.03.160. Unless the use of an independent fee calculation has been approved
by the director, or unless a development agreement entered into pursuant to RCW 36.70B.170 provides
otherwise, the fee shall be calculated based on the impact fee schedule in effect at the time a complete building
permit application is filed.
(c) The applicant shall submit all information requested by the department for purposes of determining the
impact fee rate pursuant to Section 21.03.050.
(d) For mixed use buildings or developments, impact fees shall be imposed for the proportionate share of
each land use based on the applicable unit of measurement found on the citywide fee schedule.
(e) For building permits within new subdivisions approved under Title 17 (Subdivisions), a credit shall be
applied for any dwelling unit that exists on the land within the subdivision prior to the subdivision if the dwelling
unit is demolished. The credit shall apply to the first complete building permit application submitted to the city
subsequent to demolition of the existing dwelling unit, unless otherwise allocated by the applicant of the
subdivision as part of approval of the subdivision.
(f) At the time of issuance of any single-family detached or attached residential building permit, the applicant
may elect to have the impact fee payment deferred until the building permit is completed or eighteen months
after issuance of the building permits, whichever occurs first. The impact fee due and owing per subsection (c)
of this section shall be paid prior to building permit final inspection, building permit final occupancy, or eighteen
months after the date of building permit issuance, whichever is applicable. Applicants electing to use this
deferred impact fee process shall grant and record a deferred impact fee lien against the property pursuant to
RCW 82.02.050 and pay an administration fee with each respective building permit prior to issuance of such
building permit. Deferral applicants are limited to twenty (20) deferrals annually.
(g) Applicants may request that a credit(s) for impact fees be awarded for the value of any dedication of land
for, improvement to, or new construction of any system improvements provided by the developer, to facilities
that are identified in the city’s capital facilities plan and that are required by the city as a condition of approving
the development.
(h) Except as otherwise provided in this section, the city shall not issue any building permit unless and until
the impact fee has been paid.
REVISED Council Packet 10-10-23, Page 75 of 208
(i) The payment of impact fees may be delayed through a development agreement approved by the city
council pursuant to Chapter 36.70B RCW, provided the following criteria are met:
(1) Payment of fees may be delayed to no later than issuance of the certificate of occupancy;
(2) The development agreement shall provide mechanisms, such as withholding of the certificate of
occupancy and/or property liens, to assure that the city will collect the deferred fees;
(3) The delay shall not reduce the availability of funds to implement the city’s adopted capital
improvement program in a timely manner; and
(4) Projects must provide significant public benefit, including but not limited to:
(A) Projects that implement adopted city council goals;
(B) Projects with economic benefit to the city;
(C) Projects that involve partnerships with other governmental agencies; and
(D) Projects that include affordable housing as defined by the Moses Lake Zoning Code.
21.03.040 Collection of impact fees.
1. Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates in the City of Moses Lake Fee
Schedule, from any applicant seeking development approval from the City for any development activity
within the City, when such development activity requires the issuance of a building permit or a permit
for a change in use, and creates a demand for additional public facilities.
b. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on the fire capital
facilities plan and the rate study developed by the Department, approved by the council, and adopted
by the City as part of the capital facilities element of the City’s Comprehensive Plan and as a fire
impact fee Rate Study. The rates to be charged are listed in the City of Moses Lake Fee Schedule.
2. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the impact fee shall be
the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the
land use category of the prior use. For the purposes of this provision, a change of use should be reviewed
based on the land use category provided in the Rate Study that best captures the broader use of the property
REVISED Council Packet 10-10-23, Page 76 of 208
under development. Changes in use or tenancy, if consistent with the general character of the building or
building aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered a change in use that
is subject to an impact fee. Further, minor changes in tenancies that are consistent with the general character
of the included structure, building, or previous use should not be considered changes in use subject to an
impact fee. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an
amount equal to the current impact fee rate for the prior use. Vacant buildings shall be assessed as if in the
most recent legally established use as shown on a locally owned business license or development permit
documents.
3. Mixed Use: For mixed use developments, impact fees shall be imposed for the proportionate share of each
land use, based on the applicable measurement in the impact fee rates in the City of Moses Lake Fee
Schedule.
4. Timing of Assessment and Collection: Impact fees shall be determined at the time the complete application
for a building permit or a permit for a change in use is submitted using the impact fees then in effect. A
complete application shall be determined pursuant to Chapter 20.05.040 MLMC. Impact fees shall be due and
payable before the building permit or permit for a change of use is issued by the City. Except if otherwise
exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid.
5. Documentation of Credit Required: Fee payers allowed credits prior to the submittal of the complete building
permit application or an application for a permit for a change of use shall submit, along with the complete
application, a copy of the letter prepared by the Director, or Fire Department official setting forth the dollar
amount of the credit allowed. Impact fees, as determined after the application of any credits, shall be collected
from the fee payer no later than the time a building permit or permit for a change of use is issued.
21.03.050 Independent fee calculations.
(a) If, in the judgment of the director, none of the fee categories or fee amounts set forth in the fee
schedule accurately describes the impacts resulting from issuance of the proposed building permit, the
applicant shall provide to the department for its review and evaluation an independent fee calculation, paid for
by the applicant. The director may impose on the proposed building permit an alternative impact fee based on
the independent fee calculation. With the independent fee calculation, the applicant shall pay to the department
an administrative processing fee provided for on the citywide fee schedule.
(b) If an applicant requests not to have the impact fees determined according to the fee schedule, then the
applicant shall submit to the director an independent fee calculation, paid for by the applicant, for the building
REVISED Council Packet 10-10-23, Page 77 of 208
permit. The independent fee calculation shall show the basis upon which it was made. With the request, the
applicant shall pay to the department the administrative processing fee of $500.00 unless a different fee is
provided for in a different fee is provided for on the citywide fee schedule.
(c) An applicant may request issuance of a building permit prior to completion of an independent fee study;
provided, that the impact fee is collected based on the fee schedule in Section 21.03.160. A partial refund may
be forthcoming if the fee collected exceeds the amount determined in the independent fee calculation and the
department agrees with the independent fee calculation.
(d) While there is a presumption that the calculations set forth in the capital facilities plan used to prepare the
fee schedule are correct, the director shall consider the documentation submitted by the applicant, but is not
required to accept such documentation which the director reasonably deems to be inaccurate or not reliable,
and may, in the alternative, require the applicant to submit additional or different documentation. The director is
authorized to adjust the impact fee on a case-by-case basis based on the independent fee calculation, the
specific characteristics of the building permit, and/or principles of fairness.
(e) Determinations made by the director pursuant to this section may be appealed to the hearing examiner
subject to the procedures set forth in Section 21.03.140.
21.03.060 Exemptions.
(a) The following building permit applications shall be exempt from impact fees:
(1) Replacement of a structure with a new structure of the same gross floor area at the same site or lot when
such replacement occurs within five years of the demolition or destruction of the prior structure. For
replacement of structures in a new subdivision, see Section 21.03.030(e).
(2) Replacement, alteration, expansion, enlargement, remodeling, rehabilitation, or conversion of an existing
dwelling unit where no additional units are created and the work does not change the type of dwelling units.
(3) Any building permit for a legal accessory dwelling unit approved under 18.20.055 MLMC, as it is
considered part of the single-family use associated with this fee.
(4) Alteration of an existing nonresidential structure that does not expand the usable space.
(5) Miscellaneous improvements, including but not limited to fences, walls, swimming pools, mechanical
units, and signs.
REVISED Council Packet 10-10-23, Page 78 of 208
(6) Demolition or moving of a structure.
(7)(A) Any applicant for the construction or creation of low-income housing may request an exemption of eighty
percent of the required impact fee for low-income housing units subject to the criteria in subsection (a)(7)(C) of
this section.
(B) Any applicant for an exemption from the impact fees which meets the criteria set forth in subsection
(a)(7)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms
provided by the city and shall be accompanied by all information and data the city deems necessary to process
the application.
(C) Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant
shall meet each of the following criteria:
(i) The applicant must be proposing a greater number of low-income housing units or a greater level
of affordability for those units than is required by the Moses Lake Zoning Code and/or the Moses Lake
Municipal Code. The allowed exemption shall only apply to those low-income units in excess of the
minimum required by code unless the development will be utilizing public assistance targeted for low-
income housing.
(ii) The applicant must demonstrate to the city manager’s satisfaction that the amount of the impact
fee exemption is justified based on the additional affordability provided above that required by code
and is necessary to make the project economically viable.
(iii) The proposed housing must meet the goals and policies set forth in Chapter 4 of the city of
Moses Lake comprehensive plan.
(D) The city manager shall review applications for exemptions under subsection (a)(7)(A) of this section
pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the
application. In addition, the city manager shall notify the city council when such applications are granted or
denied.
(E) The determination of the city manager shall be the final decision of the city with respect to the applicability
of the low-income housing exemption set forth in this subsection.
(F) Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be
deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the
REVISED Council Packet 10-10-23, Page 79 of 208
property guaranteeing that the low-income housing use will continue. Before approval of the exemption, the
planning and building department shall approve the form of lien and covenant, which shall, at a minimum, meet
the requirements of RCW 82.02.060. Prior to issuance of a certificate of occupancy for any portion of the
development, the applicant shall execute and record the approved lien and covenant with the Grant County
recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for
low-income housing, the current owner shall pay the current impact fee plus interest to the date of the payment.
(8)(A) Development activities of community-based human services agencies which meet the human services
needs of the community such as providing employment assistance, food, shelter, clothing, or health services
for low- and moderate-income residents.
(B) Any applicant for an exemption from the impact fee which meets the criteria set forth in subsection
(a)(8)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms
provided by the city and shall be accompanied by all information and data the city deems necessary to process
the application.
(C) Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant
shall meet each of the following criteria:
(i) The applicant must have secured federal tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code.
(ii) The applicant’s services must be responsive to the variety of cultures and languages that exist in
the city.
(iii) The applicant must provide services and programs to those considered most vulnerable and/or at
risk, such as youth, seniors, and those with financial needs, special needs, and disabilities.
(iv) The applicant’s services must meet the human services goals and policies set forth in Chapter 4
of the city of Moses Lake comprehensive plan.
(v) The applicant shall certify that no person shall be denied or subjected to discrimination in receipt
of the benefit of services and programs provided by the applicant because of sex, marital status,
sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a person with a disability.
REVISED Council Packet 10-10-23, Page 80 of 208
(vi) The applicant must provide direct human services at the premises for which the applicant is
seeking exemption.
(D) The city manager shall review applications for exemptions under subsection (a)(8)(A) of this section
pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the
application. In addition, the city manager shall notify the city council when such applications are granted or
denied.
(E) The determination of the city manager shall be the final decision of the city with respect to the applicability
of the community-based human services exemption set forth in this subsection.
(F) Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be
deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the
property guaranteeing that the human services use will continue. Before approval of the exemption, the
department shall approve the form of lien and covenant. Within ten days of approval, the applicant shall
execute and record the approved lien and covenant with the Grant County recorder’s office. The lien and
covenant shall run with the land. In the event the property is no longer used for human services, the current
owner shall pay the current impact fee plus interest to the date of the payment.
(G) The amount of impact fees not collected from human services agencies pursuant to this exemption shall
be paid from public funds other than the impact fee account.
(9) Buildings or structures constructed as shelters that provide emergency housing for people experiencing
homelessness and emergency shelters for victims of domestic violence as defined by state law.
(10) Fire stations and fire protection facilities.
(11) A development permit for a city project.
(b) Unless otherwise established in this section, the director shall be authorized to determine whether a
particular development for a proposed building permit falls within an exemption of this chapter or in this code.
Determinations of the director shall be subject to the appeals procedures set forth in Chapter 21.03.140 MLMC.
21.03.070 Fire impact fees relating to change of use.
The city shall not impose fire impact fees to the extent the assessment of the fee is the result of a change to a
land use category that results in a higher fee than the fee schedule; provided, that this section shall not apply to
a project:
REVISED Council Packet 10-10-23, Page 81 of 208
(a) To the extent the project will add, increase, or expand the gross floor area of an existing building; or
(b) For which a certificate of occupancy has been issued and the impact fees have been paid, but the tenant
land use is changed before the space is occupied;
and, provided further, that this section applies only to the use, renovation, or remodeling of existing structures,
and does not apply to redevelopment projects or other projects in which existing structures are replaced or
substantially redeveloped.
21.03.080 Adjustments.
Pursuant to and consistent with the requirements of RCW 82.02.060, the city’s capital facilities plan has
provided adjustments for past and future taxes paid or to be paid by the new development which are
earmarked or pro-ratable to the same new system improvements that will serve the new development. The
citywide fee schedule is reasonably adjusted each year for taxes and other revenue sources that are
anticipated to be available to fund system improvements.
21.03.090 Establishment of impact fee accounts.
(a) An impact fee account is established for the fees collected pursuant to this chapter and shall be entitled
the fire impact fee account. Impact fees shall be earmarked specifically and deposited in the special interest-
bearing account. Funds withdrawn from this account shall be used in accordance with the provisions of
Section 21.03.110. Interest earned on impact fees shall be retained in the account and expended for the
purpose for which the impact fees were collected.
(b) On an annual basis, the finance director shall provide a report to the council on the account showing the
source and amount of all moneys collected, earned, or received, and system improvements that were financed
in whole or in part by impact fees.
(c) Impact fees shall be expended or encumbered within ten years of receipt, unless the council identifies in
written findings an extraordinary and compelling reason or reasons for the city to hold the fees beyond the ten-
year period pursuant to RCW 82.02.070(3). Under such circumstances, the council shall establish the period of
time within which the impact fees shall be expended or encumbered.
21.03.100 Refunds.
(a) If the city fails to expend or encumber the impact fees within ten years of payment (or where extraordinary
or compelling reasons exist, such other time periods as established pursuant to Section 21.03.090), the current
REVISED Council Packet 10-10-23, Page 82 of 208
owner of the property for which impact fees have been paid may receive a refund of the fee. In determining
whether impact fees have been expended or encumbered, impact fees shall be considered expended or
encumbered on a first-in, first-out basis.
(b) The city shall notify potential claimants by first class mail deposited with the United States Postal Service
at the last known address of such claimants.
(c) Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to
the director within one year of the date the right to claim the refund arises or the date that notice is given,
whichever is later.
(d) Any impact fees for which no application for a refund has been made within the one-year period shall be
retained by the city and expended on the appropriate public facilities.
(e) Refunds of impact fees under this chapter shall include any interest earned on the impact fees by the city.
(f) If the city terminates the impact fee program, all unexpended or unencumbered funds, including interest
earned, shall be refunded pursuant to this chapter. The city shall publish notice of the termination and the
availability of refunds in a newspaper of general circulation at least two times and shall notify all potential
claimants by first class mail to the last known address of the claimants. All funds available for refund shall be
retained for a period of one year after the second publication. At the end of one year, any remaining funds shall
be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall
not apply if there are no unexpended or unencumbered balances within the account.
(g) The city shall refund the impact fee paid plus interest to the current owner of property for which the impact
fee had been paid, if the development was never completed or occupied; provided, that if the city expended or
encumbered the impact fee in good faith prior to the application for a refund, the director may decline to provide
the refund. If, within a period of three years, the same or subsequent owner of the property proceeds with the
same or substantially similar development, the owner can petition the director for an offset. The petitioner shall
provide receipts of impact fees previously paid for a development of the same or substantially similar nature on
the same property or some portion thereof. The director shall determine whether to grant an offset, and the
determinations of the director may be appealed pursuant to the procedures in Section 21.03.140.
21.03.120 Use of funds.
(a) Pursuant to this chapter, impact fees may be spent for fire protection facilities and fire protection system
improvements that will reasonably benefit the new development, including, but not limited to, architectural
REVISED Council Packet 10-10-23, Page 83 of 208
and/or engineering design studies, land surveys, land acquisition, engineering, permitting, financing,
administrative expenses, relocatable facilities, capital equipment, construction, site improvements, necessary
off-site improvements, applicable impact fees or mitigation costs and other expenses which could be
capitalized, and which are consistent with the city’s capital facilities plan.
(b) Impact fees shall be expended or encumbered on a first-in, first-out basis.
(c) Impact fees may be used to recoup costs for system improvements previously incurred by the city to the
extent that new growth and development will be served by the previously constructed system improvements.
(d) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of
system improvements, impact fees may be used to pay debt service on such bonds or similar debt instruments
to the extent that system improvements provided are consistent with the requirements of this chapter and are
used to serve the new development.
21.03.130 Review of schedule and fee increases.
(a) The fee schedule will be amended to reflect changes to the capital facilities plan incorporated and
adopted as Appendix C of the Comprehensive Plan. Amendments to the schedule for this purpose shall be
adopted by the council.
(b) The fees schedule shall be indexed to provide for an automatic fee increase each January 1st beginning in
the year 2025. The June to June Seattle-Tacoma-Bellevue Area Consumer Price Index (CPI-W) will be used to
determine the increase in fees for each year to reflect increased project costs. In the event that the fees are
increased during the preceding calendar year due to changes to the capital facilities plan pursuant to
subsection (a) of this section, the fees will not be indexed the following January. The finance and administration
department shall compute the fee increase and the new schedule shall become effective immediately after the
annual fee increase calculation.
(c) A new rate study shall be updated every three years, unless the city determines that circumstances do not
warrant an update.
21.03.140 Appeals.
(a) An appeal of an impact fee imposed on a building permit may only be filed by the applicant of the building
permit for the subject property. An applicant may either file an appeal and pay the impact fee imposed by this
REVISED Council Packet 10-10-23, Page 84 of 208
chapter under protest or appeal the impact fee before issuance of the building permit. No appeal may be filed
after the impact fee has been paid and the building permit has been issued.
(b) An appeal shall be filed with the hearing examiner on the following determinations of the director:
(1) The applicability of the impact fees to a given building permit pursuant to
Sections 21.03.030 and 21.03.050;
(2) The decision on an independent fee calculation in Section 21.03.050; or
(3) Any other determination which the director is authorized to make pursuant to this chapter.
(c) An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be filed with the
department for all determinations by the director, prior to issuance of a building permit. The letter must contain
the following:
(1) A basis for and arguments supporting the appeal; and
(2) Technical information and specific data supporting the appeal.
(d) The fee for filing an appeal shall beset forth in the adopted Moses Lake Fee Schedule.
(e) Within twenty-eight calendar days of the filing of the appeal, the director shall mail to the hearing examiner
the following:
(1) The appeal and any supportive information submitted by the appellant;
(2) The director’s determination along with the record of the impact fee determination and, if
applicable, the independent fee calculation; and
(3) A memorandum from the director analyzing the appeal.
(f) The hearing examiner shall review the appeal from the applicant, the director’s memorandum, and the
record of determination from the director. No oral testimony shall be given, although legal arguments may be
made. The determination of the director shall be accorded substantial weight.
(g) The hearing examiner is authorized to make findings of fact and conclusions of law regarding the
decision. The hearing examiner may, so long as such action is in conformance with the provisions of this
chapter, reverse or affirm, in whole or in part, or modify the determination of the director, and may make such
REVISED Council Packet 10-10-23, Page 85 of 208
order, requirements, decision or determination as ought to be made, and to that end shall have the powers
which have been granted to the director by this chapter. The hearing examiner’s decision shall be final.
(h) The hearing examiner shall distribute a written decision to the director within fifteen business days.
(i) The department shall distribute a copy of the hearing examiner’s decision to the appellant within five
business days of receiving the decision.
(j) In the event the hearing examiner determines that there is a flaw in the impact fee program, that a specific
exemption per Section 21.03.030(c) should be awarded on a consistent basis, or that the principles of fairness
require amendments to this chapter, the hearing examiner may advise the council as to any question or
questions that the hearing examiner believes should be reviewed as part of the council’s review of the fee
schedule as provided by Section 21.03.130.
(k) The hearing examiner’s final decision is subject to appeal to the Superior Court of the state of
Washington, Grant County, pursuant to the rules and regulations set forth in the Land Use Petition Act,
Chapter 36.70C RCW.
21.03.150 Responsibility for payment of fees.
(a) The building permit applicant is responsible for payment of the fees authorized by this chapter in
connection with a building permit application.
(b) In the event that a building permit is erroneously issued without payment of the fees authorized by this
chapter, the building official may issue a written notice to the property owner and occupant advising them of the
obligation to pay the fees authorized by this chapter. Such notice shall include a statement of the basis under
which the fees under this chapter are being assessed, the amount of fees owed, and a statement that the
property owner or occupant may appeal the fee determination within twenty calendar days of the date the
notice was issued. Any appeals of such a fee determination shall be processed in accordance with the
procedures set forth in Section 21.03.130.
(c) If a property owner or occupant fails to appeal the issuance of a fee notice under subsection (b) of this
section, or if the property owner or occupant’s appeal is unsuccessful, the city is authorized to institute
collection proceedings for the purpose of recovering the unpaid impact fees.
REVISED Council Packet 10-10-23, Page 86 of 208
21.03.150 Existing authority unimpaired.
Nothing in this chapter shall preclude the city from requiring the applicant for a building permit to mitigate
adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development
approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of
this authority is consistent with the provisions of RCW 82.02.050(1)(c).
21.03.170 Fire impact fee schedule.
The following descriptions will be listed on the citywide fee schedule to represents the city’s determination
of the appropriate share of system improvement costs to be paid by new growth and development. The
impact listed below is based on the city’s latest fire rate study. The fees shall be assessed against all new
development based on development type in an amount provided for in the “Rate Study for Impact Fees
for Fire Protection, which is filed in the office of the City Clerk and incorporated herein by this reference
as if set forth in full. As authorized under Section 21.03.130(b), the schedule may automatically increase
each January 1st based on the June-to-June Seattle-Tacoma-Bellevue Area Consumer Price Index.
Land Use Type Unit of Development
Commercial per Sq. Ft.
Office and Industrial per Sq. Ft.
Schools per Sq. Ft.
Health Care per Sq. Ft.
Government per Sq. Ft.
Single-Family per Dwelling Unit
Multifamily per Dwelling Unit
21.03.180 Administrative fees.
1.Account Established: The cost of administering the fire impact fee program includes an amount equal to
five percent of the amount of the total fire impact fee determined from the base fees. Administrative fees
shall be deposited into a separate administrative fee account within the impact fee
REVISED Council Packet 10-10-23, Page 87 of 208
account(s). Administrative fees shall be used to defray the actual costs associated with the assessment,
collection, administration, and update of the impact fees.
2. Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be waived, and
shall not be credited against the impact fees.
Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 10, 2023.
_____________________________________
Don Myers, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug Vote:
Date Published: October 16, 2023
Date Effective: October 21, 2023
REVISED Council Packet 10-10-23, Page 88 of 208
Rate Study
For
Impact Fees
For
Fire Protection
REVISED Council Packet 10-10-23, Page 89 of 208
City of Moses Lake, Washington
TABLE OF CONTENTS
1. Introduction…………………………………………………………………………………………………page 4
2. Statutory Basis and Methodology………………………………………………………………..page 6
3. Fire Impact Fees…………………………………………………………………………………………..page 12
List of Variables
Variable Title Page
A Fire Stations 13
B Station Cost per Square Foot 14
C Annual Emergency Incidents
at Land Use Types
16
D Number of Dwelling Units or
Square Feet
18
E Adjustments for Revenue
Credits
22
List of Formulas
Formula Title Page
F-1 Annual Facility (Station) Cost 14
F-2 Station Cost per Fire and
Medical Incident
15
F-3 Annual Fire and Medical
Incident Rate Per Unit Of
Development
16
F-4 Incident Capital Cost Per Unit
Of Development
20
F-5 Adjustments and Impact Fees 22
REVISED Council Packet 10-10-23, Page 90 of 208
List of Tables
Table Title Page
1 Fire and Medical Building
Inventory
17
2 Annual Fire & Medical
Incidents
18
3 Fire and Medical Incident
Response by Type of
Apparatus
19
3a Annualized Station Cost per
Square Foot
20
4 Station Cost Per Fire and
Medical Incident
21
5 Fire and Medical Incidents 21
6 Fire and Medical Incidents at
Specific Land Uses
22
7 Traffic Related Fire and
Medical Incidents (Allocated
to Land Uses)
23
8 Total Annual Fire and Medical
Incidents by Land Use
24
9 Annual Fire Incidents by Land
Use
25
10 Fire Station Cost of
Responses to Fire Incidents
and Land Use Categories
26
11 Fire Impact Fees by Land Use 27
REVISED Council Packet 10-10-23, Page 91 of 208
1. Introduction
The purpose of this study is to establish the rates for fire protection facilities (fire)
impact fees in the City of Moses Lake, Washington as authorized by RCW 82.02.090(7).
SUMMARY OF IMPACT FEE RATES
Impact fees are paid by all types of new development. Impact fee rates for new
development are based on and vary according to the type of land use. The following
table summarizes the impact fee rates for several frequently used land use categories.
Rates for other non-residential development are presented in the sections of this study
for each type of public facility.
IMPACT FEE RATE
Type of Development Unit Fee
Single – Family Dwelling unit $420.85
Multi-Family—Non-Sprinkled Dwelling unit $420.85
Multi-Family Sprinkled Dwelling unit $420.85
Medical Facilities Square Foot $0.73
Hotel-Motel Square Foot $0.26
Office Square Foot $0.07
Retail (shopping) Square Foot $0.07
Industrial—No on-site
suppression water storage
Square Foot $0.10
Industrial with full fire flow
suppression water storage
on site
Square Foot $0.07
Restaurant Square Foot $0.03
Churches Square Foot $0.02
Education Square Foot $0.02
IMPACT FEES VS. OTHER DEVELOPER CONTRIBUTIONS
Impact fees are charges paid by new development to reimburse local governments for the
capital cost of public facilities that are needed to serve new development and the people who
occupy or use the new development. Throughout this study, the term “developer” is used as a
shorthand expression to describe anyone who is obligated to pay impact fees, including
builders, owners, or developers.
Local governments charge impact fees for several reasons: 1) to obtain revenue to pay for some
of the cost of new public facilities; 2) to implement a public policy that new development
should pay a portion of the cost of facilities that it requires, and that existing development
should not pay all of the cost of such facilities; and 3) to assure that adequate public facilities
will be constructed to serve new development.1
REVISED Council Packet 10-10-23, Page 92 of 208
1 The impact fee ordinance may specify exemptions for low-income housing and / or “broad public purposes”, but such
exemptions must be paid for by public money, not other impact fees. The ordinance may specify if impact fees apply to changes
in use, remodeling, etc.
The impact fees that are described in this study do not include any other forms of developer
contributions or exactions, such as: System development charges for water and sewer
authorized for utilities (RCW 35.92 for municipalities, 56.16 for sewer districts, and 57.08 for
water districts); local improvement districts or other special assessment districts; linkage fees;
or land donations or fees in lieu of land.
ORGANIZATION OF THE STUDY
This impact fee rate study contains three chapters:
• Chapter 1 provides a summary of impact fee rates for frequently used land use
categories, and other introductory materials.
• Chapter 2 summarizes the statutory requirements for developing impact fees and
describes the compliance with each requirement.
• Chapter 3 presents impact fees for fire, and presents the formulas, variables and data
that are the basis for the fees and documents the calculation of the fees. The
methodology is designed to comply with the requirements of Washington State Law.
REVISED Council Packet 10-10-23, Page 93 of 208
2. Statutory Basis and Methodology
This chapter summarizes the statutory requirements for impact fees in the State of Washington
and describes how the City of Moses Lake’s impact fees comply with the statutory
requirements.
STATUORY REQUIREMENTS FOR IMPACT FEES
The Growth Management Act of 1990 (Chapter 17, Washington Laws, 1990, 1st Ex. Sess.)
authorizes local governments in Washington to charge impact fees. RCW 82.02.050 – 82.02.090
contain the provisions of the Growth Management Act that authorize and describe the
requirements for impact fees.
The impact fees that are described in this study are not mitigation payments authorized by the
State Environmental Policy Act (SEPA). There are several important differences between impact
fees and SEPA mitigations. Three aspects of impact fees that are particularly noteworthy are: 1)
the ability to charge for the cost of public facilities that are “system improvements” (i.e., that
provide service to the community at large) as opposed to “project improvements” (which are
“on-site” and provide service for a particular development); 2) the ability to charge small-scale
development their proportionate share, whereas SEPA exempts small developments; and 3) the
predictability and simplicity of impact fee rate schedules compared to the cost, time and
uncertain outcome of SEPA reviews conducted on a case by case basis.
The following synopsis of the most significant requirements of the law includes citations to the
Revised Code of Washington as an aid to readers who wish to review the exact language of the
statutes.
Types of Public Facilities
Four types of public facilities can be the subject of impact fees: 1) public transportation and
roads: 2) publicly owned parks, open space, and recreation facilities; 3) school facilities; and 4)
fire protection facilities (in jurisdictions such as Moses Lake that are not part of a fire district).
RCW 82.02.050(2) and (4), and RCW 82.02.090(7)
Types of Improvements
Impact fees can be spent on “system improvements” (which are typically outside the
development), as opposed to “project improvements” (which are typically provided by the
developer on-site within the development). RCW 82.02.050(3)(a) and RCW 82.02.090(6) and (9)
REVISED Council Packet 10-10-23, Page 94 of 208
Benefit to Development
Impact fees must be limited to system improvements that are reasonably related to, and which
will benefit new development. RCW 82.02.050(3)(a) and (c). Local governments must establish
reasonable service areas (one area, or more than one, as determined to be reasonable by the
local government), and local governments must develop impact fee rate categories for various
land uses. RCW 82.02.060(6)
Proportionate Share
Impact fees cannot exceed the development's proportionate share of system improvements
that are reasonably related to the new development. The impact fee amount shall be based on
a formula (or other method of calculating the fee) that determines the proportionate share.
RCW 82.02.050(3)(b) and RCW 82.02.060(1)
Reductions of Impact Fee Amounts
Impact fees rates must be adjusted to account for other revenues that the development pays (if
such payments are earmarked for or pro-ratable to particular system improvements). RCW
82.02.050(1)(c) and (2) and RCW 82.02.060(1)(b) Impact fees may be credited for the value of
dedicated land, improvements or construction provided by the developer (if such facilities are
in the adopted CFP as system improvements eligible for impact fees and are required as a
condition of development approval). RCW 82.02.060(3)
Exemptions from Impact Fees
Local governments have the discretion to provide exemptions from impact fees for low-income
housing and other "broad public purpose" development, but all such exempt fees must be paid
from public funds (other than impact fee accounts). RCW 82.02.060(2)
Developer Options
Developers who are liable for impact fees can submit data and or/analysis to demonstrate that
the impacts of the proposed development are less than the impacts calculated in this rate
study. RCW 82.02.060(5). Developers can pay impact fees under protest and appeal impact fee
calculations. RCW 82.02.060(4) and RCW 82.02.070(4) and (5). The developer can obtain a
refund of the impact fees if the local government fails to expend or obligate the impact fee
payments within 10 years, or terminates the impact fee requirement, or the developer does not
proceed with the development (and creates no impacts). RCW 82.02.080
Capital Facilities Plans
Impact fees must be expended on public facilities in a capital facilities plan (CFP) element or
used to reimburse the government for the unused capacity of existing facilities. The CFP must
conform to the Growth Management Act of 1990 and must identify existing deficiencies in
facility capacity for current development, capacity of existing facilities available for new
development, and additional facility capacity needed for new development. RCW 82.02.050(4),
RCW 82.02.060(7), and RCW 82.02.070(2)
REVISED Council Packet 10-10-23, Page 95 of 208
New Versus Existing Facilities
Impact fees can be charged for new public facilities (RCW 82.02.060(1)(a) and for the unused
capacity of existing public facilities (RCW 82.02.060(7) subject to the proportionate share
imitation described above.
Accounting Requirements
The local government must separate the impact fees from other monies, expend or obligate the
money on CFP projects within 10 years, and prepare annual reports of collections and
expenditures. RCW 82.02.070(1)-(3)
Compliance With Statutory Requirements for Impact Fees
Many of the statutory requirements listed above are fulfilled in Chapters 3 of this study that
present the calculation of each type of impact fee. Some of the statutory requirements are
fulfilled in other ways, as described below.
Types of Public Facilities
This study contains impact fees for fire protection facilities, which is one of the four types of
public facilities authorized by statute: transportation, parks, and fire.
In general, local governments that are authorized to charge impact fees are responsible for
specific public facilities for which they may charge such fees. The City of Moses Lake is legally
and financially responsible for the fire facilities it owns and operates within its jurisdiction. In no
case may a local government charge impact fees for private facilities, but it may charge.
impact fees for some public facilities that it does not administer if such facilities are "owned or
operated by government entities" (RCW 82.02.090 (7).
Types of Improvements
The impact fees in this study are based on system improvements that are described in Chapter
3 for fire protection facility impact fees. No project improvements are included in this study.
The public facilities that can be paid for by impact fees are "system improvements” (which are
typically outside the development), and "designed to provide service to service areas within the
community at large" as provided in RCW 82.02.050(9)), as opposed to "project improvements"
(which are typically provided by the developer on-site within the development or adjacent to
the development), and "designed to provide service for a development project, and that are
necessary for the use and convenience of the occupants or users of the project" as provided in
RCW 82.02.050(6). The capital improvements costs contained in Chapter 3 complies with these
requirements.
Impact fee revenue can be used for the capital cost of public facilities. Impact fees cannot be
used for operating or maintenance expenses. The cost of public facilities that can be paid for by
impact fees include design studies, engineering, land surveys, land and right of way acquisition,
engineering, permitting, financing, administrative expenses, construction, applicable mitigation
costs, and capital equipment pertaining to capital improvements.
REVISED Council Packet 10-10-23, Page 96 of 208
Benefit to Development, Proportionate Share and Reductions of Fee Amounts
The law imposes three tests of the benefit provided to development by impact fees: 1)
proportionate share, 2) reasonably related to need, and 3) reasonably related to expenditure
(RCW 80.20.050(3)). In addition, the law requires the designation of one or more service areas
(RCW 82.02.060(6)
1. Proportionate Share.
First, the "proportionate share" requirement means that impact fees can be charged only for
the portion of the cost of public facilities that is "reasonably related" to new development. In
other words, impact fees cannot be charged to pay for the cost of reducing or eliminating
efficiencies in existing facilities.
Second, there are several important implications of the proportionate share requirement that
are not specifically addressed in the law, but which follow directly from the law:
• Costs of facilities that will benefit new development and existing users must be apportioned
between the two groups in determining the amount of the fee. This can be accomplished in
either of two ways: (1) by allocating the total cost between new and existing users, or (2)
calculating the cost per unit and applying the cost only to new development when calculating
impact fees.
• Impact fees that recover the costs of existing unused capacity should be based on the
government's actual cost. Carrying costs may be added to reflect the government's actual or
imputed interest expense.
The third aspect of the proportionate share requirement is its relationship to the requirement
to provide adjustments and credits to impact fees, where appropriate. These requirements
ensure that the amount of the impact fee does not exceed the proportionate share.
• The "adjustments" requirement reduces the impact fee to account for past and future
payments of other revenues (if such payments are earmarked for, or pro-ratable to, the system
improvements that are needed to serve new growth). Each impact fee calculated in this study
includes an adjustment that accounts for any other revenue that is paid by new development
and used by the city to pay for a portion of growth’s proportionate share of costs. This
adjustment is in response to the limitations in RCW 82.02.060 (1)(b) and RCW 82.02.050(2).
• The "credit" requirement reduces impact fees by the value of dedicated land, improvements
or construction provided by the developer (if such facilities are in the adopted CFP, identified as
the projects for which impact fees are collected, and are required as a condition of
development approval). The law does not prohibit a local government from establishing
reasonable constraints on determining credits. For example, the location of dedicated land and
the quality and design of donated street, park, or fire public facilities
REVISED Council Packet 10-10-23, Page 97 of 208
3. Reasonably Related to Need.
There are many ways to fulfill the requirement that impact fees be "reasonably related" to the
development's need for public facilities, including personal use and use by others in the family
or business enterprise (direct benefit), use by persons or organizations who provide goods or
services to the fee-paying property or are customers or visitors at the fee-paying property
(indirect benefit), and geographical proximity (presumed benefit). These measures of
relatedness are implemented by the following techniques:
• Impact fees are charged to properties which need (i.e., benefit from) new public facilities. The
City of Moses Lake provides its infrastructure to all kinds of property throughout the City;
therefore, impact fees have been calculated for all types of property.
• The relative needs of different types of growth are considered in establishing fee amounts
(i.e., different impact values for different types of land use). Chapter 3 uses different
emergency response rates for each type of land use.
• Feepayers can pay a smaller fee if they demonstrate that their development will have less
impact than is presumed in the impact fee schedule calculation for their property classification.
Such reduced needs must be permanent and enforceable (i.e., via land use restrictions).
3. Reasonably Related to Expenditures.
Two provisions of Moses Lake’s impact fee ordinance comply with the requirement that
expenditures be "reasonably related" to the development that paid the impact fee. First, the
requirement that fee revenue must be earmarked for specific uses related to public facilities.
ensures that expenditures are on specific projects, the benefit of which has been demonstrated
in determining the need for the projects and the portion of the cost of needed projects that are
eligible for impact fees as described in this study. Second, impact fee revenue must be
expended or obligated within 10 years, thus requiring the impact fees to be used to benefit to
the feepayer and not held by the city.
4. Service Areas for Impact Fees
Impact fees in some jurisdictions are collected and expended within service areas that are
smaller than the jurisdiction that is collecting the fees. Impact fees are not required to use
multiple service areas unless such “zones” are necessary to establish the relationship between
the fee and the development. Because of the size of the City of Moses Lake and the accessibility
of its fire systems to all property within the City, Moses Lake’s fire systems serve the entire City,
therefore the impact fees are based on a single service area corresponding to the boundaries of
the City of Moses Lake.
REVISED Council Packet 10-10-23, Page 98 of 208
Exemptions
The City’s impact fee ordinance addresses the subject of exemptions. Exemptions do not affect
the impact fee rates calculated in this study because of the statutory requirement that any
exempted impact fee must be paid from other public funds. As a result, there is no increase in
impact fee rates to make up for the exemption because there is no net loss to the impact fee
account as a result of the exemption.
Developer Options
A developer who is liable for impact fees has several options regarding impact fees. The
developer can submit data and or/analysis to demonstrate that the impacts of the proposed
development are less than the impacts calculated in this rate study. The developer can appeal
the impact fee calculation by the City of Moses Lake. If the local government fails to expend the
impact fee payments within 10 years of receipt of such payments, the developer can obtain a
refund of the impact fees. The developer can also obtain a refund if the development does not
proceed, and no impacts are created. All of these provisions are addressed in the City’s impact
fee ordinance, and none of them affect the calculation of impact fee rates in this study.
Capital Facilities Plan
There are references in RCW to the “capital facilities plan” (CFP) as the basis for projects that
are eligible for funding by impact fees. Cities often adopt documents with different titles that
fulfill the requirements of RCW 82.02.050 et. seq. pertaining to a “capital facilities plan”. The
Capital Facilities Plan Element of the City’s Comprehensive Plan fulfill the requirements in RCW
and are considered to be the “capital facilities plan” (CFP) for the purpose of this impact fee
rate study. In addition, the City’s Capital Investment Program (CIP) section of the City’s Budget
provides up-to date and detailed information about the projects in the CFP. The Fire
Department also produces an annual update of capital improvements within the fire
department as part of the department’s annual report.
The requirement to identify existing deficiencies, capacity available for new development, and
additional public facility capacity needed for new development is determined by analyzing
levels of service for each type of public facility. Chapter 3 provides this analysis for fire impact.
New Versus Existing Facilities, Accounting Requirements
Impact fees must be spent on capital projects contained in an adopted capital facilities plan, or
they can be used to reimburse the government for the unused capacity of existing facilities.
Impact fee payments that are not expended or obligated within 10 years must be refunded
unless the City Council makes a written finding that an extraordinary and compelling reason
exists to hold the fees for longer than 10 years. In order to verify these two requirements,
impact fee revenues must be deposited into separate accounts of the government, and annual
reports must describe impact fee revenue and expenditures. These requirements are addressed
by Moses Lake’s impact fee ordinance and are not factors in the impact fee calculations in this
study.
REVISED Council Packet 10-10-23, Page 99 of 208
Data Sources
The data in this study of impact fees in Moses Lake, Washington was provided by the City of
Moses Lake, unless a different source is specifically cited.
Data Rounding
The data in this study was prepared using computer spreadsheet software. In some tables in
this study, there may be very small variations from the results that would be obtained using a
calculator to compute the same data. The reason for these insignificant differences is that the
spreadsheet software was allowed to calculate results to more places after the decimal than is
reported in the tables of these reports. The calculation to extra places after the decimal
increases the accuracy of the end results but causes occasional minor differences due to
rounding of data that appears in this study.
3. FIRE IMPACT FEES
Impact fees for fire protection facilities begins with an inventory of stations and the number of
emergencies they responded to. Next is an analysis of the capital cost of fire protection stations
including calculation of the capital cost per response. The emergency responses are
summarized according to the types of land uses that received responses, and incident rates are
calculated to quantify the average number of emergency responses per unit of development for
each type of land use. The costs per response and the response incident rates are used to
calculate the number and cost of responses to fire incidents and to BLS incidents (basic life
support medical responses) and ALS (advanced life support medical responses) at each type of
land use. The fire, ALS and BLS cost per unit of development are combined to calculate the total
cost per unit of development. The total cost is adjusted for payments of other and the result is
the fire impact fee rates for the City of Moses Lake.
These steps are described below in the formulas, descriptions of variables, tables of data, and
explanation of calculations of fire impact fees. The need for fire protection facilities is
influenced by a variety of factors, such as response time, call loads, geographical area,
topographic and manmade barriers, and performance standards established by the Moses Lake
City Council, and the National Commission on the Accreditation of Ambulance Services.
For the purpose of quantifying the need for fire and BLS apparatus and stations to serve growth
this study uses the ratio of stations to incidents. The current ratio provides acceptable levels of
service. As growth occurs, more incidents will occur, therefore more apparatus and stations
will be needed to maintain standards.
REVISED Council Packet 10-10-23, Page 100 of 208
Variable (A): Fire Stations
The City of Moses Lake provides fire and ALS/BLS services out of 2 stations, and supplemental
staffing for critical incidents out of the administrative offices. Table 1 lists the stations and the
square footage of fire stations and support facilities. Table 2 shows the total number of fire and
medical incidents and shows a lower total number than the total incidents from stations (Table
1), and apparatus (Table 3), because more than one station or one apparatus responds to the
same incident. An example of this is a structural fire requiring all on duty staffing to respond.
This would be a single incident, but personnel and apparatus from all facilities would respond to
this incident.
Table1: Fire and Medical Building Inventory
Station Fire Station
Inventory (Square Feet)
Annual Incidents Square Feet Per
Incident
1-E 3rd AVE 21,200 4404 4.81 2-W Broadway AVE 7,112 2203 3.23 Training Facility-E 3rd AVE 2,262 0 0
Administrative Offices S Pioneer
Way
3,100 235 13.19
Total 33,674 6,842 21.23
Table 2 Annual Fire and Medical Incidents
Type of Incident Average Annual Emergency
Incidents
Fire 678
Medical 5,933
Total 6,611
Different types of fire emergencies need different types or combinations of apparatus. As a
result, the usage of apparatus varies among the types of apparatus. This variance is an
important factor in determining the cost per incident.
Example: In Table 3 the annual incidents are 5,435. Engines responded to 2,628 of those
incidents. This results in engines responding to 48.35% of all incidents.
REVISED Council Packet 10-10-23, Page 101 of 208
Table 3: Fire and Medical Incident Response by Type of Apparatus
Type of Apparatus Total Annual
Responses for
Apparatus
Annual
Emergency
Incidents
Percent of Annual
Incidents Dispatched to (Col 2/602)
Engine 2,628 5,435 48.35%
Ladder 41 5,435 0.75%
Medic Unit 6,134 5,435 113%
Brush Truck 121 5,435 0.22%
Rescue 22 5,435 0.04%
Tender 23 5,435 0.04%
Staff Vehicles 247 5,435 4.5%
Other 10 5,435 0.018%
TOTAL 9,226 5,435 166.92%
Formula F-1: Annual Facility (Station) Cost
The annual facility cost is determined by dividing the facility capital cost by its useful life.
F-1. Station Cost Per Square Foot ÷ Useful Life = Annual Station Cost Per Square Foot
There is one new variable that requires explanation: (G) station cost per square foot.
Variable (B): Station Cost per Square Foot
Table 8 calculates the average annualized fire station cost per square foot. The cost per square
foot is based on the average cost of a station with similar size and capability to Fire Station 2.
The current average cost of construction for a station of this size, with land, furnishings,
equipment, and lending costs is approximately $5,200,000.00.
The useful life represents the length of time the station will last before it needs to be replaced.
The annualized cost is calculated by dividing the estimated cost per square foot by the average
useful life. The “bottom line” of Table 3a is an annualized facility cost of $ 40.07 per square
foot.
REVISED Council Packet 10-10-23, Page 102 of 208
Table 3a: Annualized Station Cost per Square Foot
Type of Cost Cost Per Square Foot Building Useful Life (Years) Annual Building Cost per Square Foot (col 2 / col3 3)
Land $17.22 50 $0.34
Building, Furnishings, & Equipment
$790.00 50 $15.80
Cost of Borrowing $100.00 50 $2.00
TOTAL $907.22 50 $18.14
Formula F-2: Station Cost Per Fire and Medical Incident
The station cost per fire and medical incident is calculated by multiplying the annual station
cost per square foot by the station square feet per fire and medical incident rate.
F-2. Annual Station Cost Per Square Foot x Station Square Feet Per Fire and Medical Incident =
Annual Station Cost Per Fire and Medical Incident
There are no new variables used in formula F-2. Both variables were developed in previous
formulas.
This calculation is shown in Table 4: the station cost per square foot (from Table 3a) is
multiplied times the station square feet per incident (from Table 1). The result is the station
cost of $385.11 per fire and EMS incident.
Table 4: Station Cost Per Fire and Medical Incident
Annual Building Cost per Square Foot Square Feet per Incident Annualized Building Cost per Fire and Rescue Incident (col 1 x col 2)
$18.14 21.23 $385.11
REVISED Council Packet 10-10-23, Page 103 of 208
Formula F-3: Annual Fire and Medical Incident Rate Per Unit of Development
The annual fire and medical incident rate per unit of development (i.e., dwelling unit or square
foot of non-residential development) is calculated by dividing the total annual fire and medical
incidents to each type of land use by the number of dwelling units or square feet of non-
residential development for that type of land use.
F-3 Annual Emergency Incidents at Each Type of Land Use ÷ Number of Dwelling Units
or Square Feet of Each Type of Land Use = Annual Fire and Medical Incidents Per Unit of
Development
There are two variables that require explanation: (C) annual emergency incidents at land use
types, and (D) number of dwelling units or square feet.
Variable (C): Annual Emergency Incidents at Land Use Types
The emergency incident data comes from the City’s dispatch records, data showing dwelling
units comes from the OFM State of Washington Postcensal Estimates of Housing Units, April 1,
2020 through April 1, 2023, and the square-feet of non-residential development is from the City
GIS database and Fire Department risk management database.
The database identifies each incident by occupancy type such as residences, office, or retail.
The land use categories in this study were created by combining the numerous occupancy types
into broad land use categories for impact fees, such as residences, office, retail, restaurant, and
industrial/manufacturing.
During 2022, Moses Lake’s Fire Department responded to 5,428 fire and medical incidents. Of
the 5,428 fire incidents, 5,326 were traceable to a type of development (i.e., the incident
occurred at a specific property address, such as a residence or business) or they were traffic-
related (occurred on a roadway). Of the 5,428 incidents analyzed, 4,783 occurred at a specific
property and 543 were traffic related.
The records for the remaining 102 incidents did not allow the incident to be traced to either a
specific land use or a traffic-related incident, therefore these 102 incidents are apportioned to
land uses and traffic on the same basis as the 5,326 incidents that are traceable. Table 6 shows
the allocation of the 102 incidents without land use designations to the property and traffic
categories using the same percentage as the 5,326 incidents for which a location was
identifiable. Thus 92 of the 102 fire incidents were allocated the same as the incidents at
identifiable lands uses, and the other 10 fire incidents were allocated the same as the traffic-
related incidents.
REVISED Council Packet 10-10-23, Page 104 of 208
Table 5: Fire and Medical Incidents
Incident Location Incidents
Identifiable by Location
Incidents Not
Identifiable by Location
Total Incidents
At Properties 4,783 88% 109 2 % 4,892
In Roads & Streets 543 10% 543
Total 5,326 109 5,435
There are four tables on the following pages that present the allocation of incidents among
types of land use: Table 6 shows the incidents that were identifiable by land use type, Table 7
shows the incidents that were traffic related. Table 8 combines the incident data (land use and
traffic), and Table 9 shows the incident rate per unit of development.
Table 6 shows the distribution of the 4,783 incidents that are traceable to a land use along with
the percent distribution of these 4,783 incidents. In column 4 the total incidents to land use
(4,783 traceable + 102 allocated) are allocated among the land use types using the percent
distribution column. The result is the total annual fire incidents at each of the land use types.
Table 6: Fire and Medical Incidents at Specific Land Uses
Land Use Annual Fire and
Medical Incidents
Identifiable to Land
Use
Percent of All
Fire and Medical
Incidents
Identifiable to
Land Use
Allocate 92 Incidents to
Land Uses (Col 2 x 92)
Residential 2,265 42.5% 39
Non-Residential Hotel/Motel/Resort 500 9.46% 9
Medical Facility 1,334 25% 23
Office 130 2.4% 2
Retail 206 3.8% 3.5
Restaurants 150 2.8% 2.5
Industrial 104 2% 2 Institutions:
Churches / non-profit 22 0.4% .40
Education 72 1.35% 1.1
Roads / Streets 543 10.29% 9.5
Total 5,326 100 92
REVISED Council Packet 10-10-23, Page 105 of 208
Variable (D): Number of Dwelling Units or Square Feet
The traffic-related fire incidents are allocated to land uses on the basis of the amount of traffic
generated by each type of land use. In Table 7, the number of dwelling units and square feet of
non-residential construction in the City of Moses Lake is multiplied times the number of trips
that are generated by each land use type as reported in the 8th Edition of Trip Generation by
the Institute of Transportation Engineers (ITE). (The trip rates are one-half of ITE’s trip rates in
order to account for the trips each land use generates while excluding the “return” trip). The
result is the total trips associated with each land use type. The percent of trips associated with
each land use type is calculated from the total of all trips.
In the final calculation in Table 7 the total 553 annual fire incidents that are traffic-related (543
traceable + 10 allocated) is allocated among the land use types using the percent of trips
generated.
Table 7: Traffic Related Fire and Medical Incidents (Allocated to Land Uses)
Land Use Moses Lake
Units of
Development
ITE Trip
Generation
Rate / 2 per
D.U. or Per
Unit of
Development
Total
Trips (col 1 x col2)
Percent of
Trips
Generated
Annual
Traffic
Related Fire
Incidents per
Unit of
Development (Col 5 x 553)
Residential 10,804 d.u 4.23228 45,725 33.3% 184
Non-Residential Hotel/Motel/Resort 752,000 Sq.Ft 0.00446 3,354 2.2% 12
Medical Care Facility 710,000 Sq. Ft .00825 5,857 4% 22
Commercial:
Office 750,000 SqFt 0.00551 4,132 3% 17
Retail 1,800,000 SqFt 0.02147 38,646 28.2% 156
Restaurants 165,000 SqFt 0.06358 10490 7.5% 42
Industrial 6,000,000 SqFt 0.00349 20,940 16% 88
Institutions:
Churches / non-
profit
345,000SqFt 0.00456 1,573 1.1% 6
Education 1,000,000SqFt 0.00645 6,450 4.7% 26
Total 137,167 553
REVISED Council Packet 10-10-23, Page 106 of 208
Table 8 summarizes the results of the analysis of fire incidents. The total annual fire incidents
are a combination of the fire incidents allocated among direct responses to land use categories
(from Table 6) and the allocation of traffic related incidents based on trip generation rates
(from Table 7).
Table 8: Total Annual Fire and Medical Incidents by Land Use
Land Use Annual Fire Incidents Direct to Land Use
Annual Traffic Related Fire Incidents by Land Use w/
Allocated
Total Annual Incidents by Land Use
Residential 2,264 184+39 2,448
Non-Residential
Hotel/Motel/Resort
500 12+9 512
Medical Care Facility 1,334 22+23 1,356
Commercial:
Office 130 17+2 147
Retail 206 156+3.5 362
Restaurants 150 42+2.5 192
Industrial 104 88+2 192
Institutions:
Churches / non-
profit
22 6+.4 28
Education 73 26+1.1 99
Roads / Streets 9.5 92
Total 4,783 645 5,428
The final step in determining the annual fire incident rate per unit of development is shown in
Table 9. The total annual fire incidents for each type of land use (from Table 8) are divided by
the number of dwelling units or square feet of structures to calculate the annual incident rate
per dwelling unit or square foot. The units of development are the same as was used to
determine traffic-related incidents (see Table 7).
The results in Table 9 show how many times an average unit of development has a fire incident
to which the City of Moses Lake responds. For example, if a residence has an average of 0.029
fire-related incidents per year. This is the same as saying that 2.9% of residential occupancies
have a fire-related incident in a year.
REVISED Council Packet 10-10-23, Page 107 of 208
Table 9: Annual Fire and Medical Incidents by Land Use Categories
Land Use Total Annual Fire Incidents to Land Use
Units of Development Fire Incidents per Development
Residential 2,448 10,804 d. u 0.023per dwelling unit
Non-Residential Hotel/Motel/Resort 512 752,000 Sq. Ft 0.0007 per sq ft
Medical Care Facility 1,356 710,000 Sq. Ft 0.002 per sq ft
Commercial:
Office 147 750,000SqFt 0.0002 per sq ft
Retail 362 1,800,000 Sq Ft 0.0002 per sq ft
Restaurants 192 165,000 Sq Ft 0.001 per sq ft
Industrial 192 6,000,000 SqFt 0.00003per sq ft
Institutions:
Churches / non-
profit
28 345,000SqFt 0.00008 per sq ft
Education 99 1,000,000SqFt 0.00009 per sq ft
Formula F-4: Incident Capital Cost Per Unit of Development
The capital cost of fire and medical incidents per unit of development is determined by
multiplying the annual incidents per unit of development (from Table 9) times the annual
capital cost per fire incident of each fire station.2
F-4. Annual Incidents Per Unit Of Development x Annual Cost Per Fire Incident = Incident Capital
Cost Per Unit Of Development
There are no new variables used in formula F-4. All three variables were developed in previous
formulas.
2Some fire impact fees are calculated for the economic life of the property paying the impact
fee, rather than the useful life of the facilities/stations that provide the fire protection. Both
methods meet the legal requirements for impact fees. The method used in this rate study
charges impact fees for the first of each station needed for new development, but subsequent
replacements of stations are funded by other revenues available to the City of Moses Lake.
REVISED Council Packet 10-10-23, Page 108 of 208
In the tables on the following pages, each fire incident rate is multiplied by the annual capital
cost per fire incident. The result is then multiplied times the useful life of the station to
calculate the capital cost per unit of development for each station.
For example: Residential units average 0.029 fire incidents per year (i.e., 2.9% of a fire incident
per year).
Table 10: Fire Station Cost of Responses to Fire and Medical Incidents and Land
Use Categories
Land Use Unit of
Development
Annual Fire
Incident Rate
Fire Station
Cost
@$385.11
per Incident
Fire Station
Life Cost
Residential Per Dwelling Unit 0.023 $8.86 * $443
Non-Residential Hotel/Motel/Resort Per Sq Ft 0.0007 $.27 $.27
Medical Care Facility Per Sq Ft 0.002 $.77 $.77
Commercial:
Office Per Sq Ft 0.0002 $.08 $.08
Retail Per Sq Ft 0.0002 $.08 $.08
Restaurants Per Sq Ft 0.001 $.04 $.04
Industrial Per Sq Ft 0.0003 $.11 $.11
Institutions:
Churches / non-profit Per Sq Ft 0.00008 $.03 $.03
Education Per Sq Ft 0.00009 $.03 $.03 $10.27 $444.41
*Residential (1, 2, and multi-family residential is not calculated per square foot, but rather per
dwelling unit, each dwelling unit is calculated for the 50-year service life of a station) all other
occupancies are calculated on a per square foot basis only.
Formula F-5: Adjustments and Impact Fees
REVISED Council Packet 10-10-23, Page 109 of 208
The final step in determining the fire services impact fee is to reduce the cost per dwelling unit
or non-residential square foot by subtracting any credits for other revenue from existing and
new development that the City of Moses Lake will use to pay for part of the cost of the same
fire protection facilities that are the basis of the impact fee, and any adjustment to comply with
RCW 82.02.050(7).
F-15: Fire and Medical Cost per Unit of Development – Adjustment for Revenue Credits =
Impact Fee per Unit of Development
There is one new variable that requires explanation: (J) adjustment for revenue credits.
Variable (E): Adjustment for Revenue Credits
Moses Lake does not have dedicated revenues for fire stations and apparatus, therefore there
is no adjustment for future payments of other revenues that are used to pay for the same new
fire stations that are required to serve the new development. The only revenue sources to be
included in the adjustment are those that are used for fire services facilities capacity expansion
according to law and local policy or practice.
Adjustments are not given for other payments that are not used for new fire services facilities
needed for new development. Such an adjustment would extend to payments of all taxes for all
purposes to all forms of governments, which contradicts the well-established system of
restricting fees, charges, and many taxes for specific public facilities and services. Adjustments
are not given for revenues that are used for repair, maintenance, or operating costs because
impact fees are not used for such expenses.
The final step in Table 11 (on the next page) is to further reduce the impact fees that would be
charged to new development in order to implement RCW 82.02.050(7) which provides that
“…the financing for system improvements to serve new development … cannot rely solely on
impact fees.” The statute provides no further guidance, and “not rely solely” could be anything
between 0.1% and 99.9%.
RCW 82.02.060(1)(b) requires an adjustment for revenue credits to be given only for
"...payments made or reasonably anticipated to be made by new development to pay for
particular system improvements in the form of user fees, debt service payments, taxes, or other
payments earmarked for or pro-ratable to the particular system improvement (emphasis
added);"
REVISED Council Packet 10-10-23, Page 110 of 208
The adjustment of 5% used in Table 11 is within the comparable range when compared with
other jurisdictions that do not have dedicated revenues for fire stations and apparatus have
implemented by way of an adjustment. Table 20 shows the cost per dwelling unit or non-
residential square foot from Table 10. The 5% adjustment, and the impact fee after the
adjustment is subtracted from the full cost.
Table 11: Fire Impact Fees by Land Use
Land Use Total Fire and Medical Cost of Impact Development Calculated Credit Adjustment @ 5%
Fire and Medical Impact Fee Per Unit of Development
Residential-1&2&3 Family Homes, townhome, apartments. Per unit. * $443.00 $22.15 $420.85
Non-Residential Hotel/Motel/Resort sq ft. $0.27 $0.01 $0.26
Medical Care Facility Hospitals & Clinics $0.77 $0.04 $0.73
Commercial:
Office $0.08 $0.004 $0.07*
Retail $0.08 $0.004 $0.07*
Restaurants $0.04 $0.002 $0.03*
Industrial $0.11 $0.006 $0.10*
Institutions: Churches / non-profit $0.03 $.002 $0.02*
Education $0.03 $.002 $0.02*
*Indicates land use types where the credit adjustment is a minimum of $0.01 per square foot
due the calculated credit adjustment being less than $0.01 per square foot.
REVISED Council Packet 10-10-23, Page 111 of 208
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
12643
Parks, Recreation, and
Cultural Services
New Business
To:
Kevin Fuhr, Interim City Manager
From
Doug Coutts, Director
For Agenda of:
10/10/2023
Subject
BMX Track Improvements
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Approve the improvements proposed by the BMX Association based on the recommendation of the Parks,
Recreation and Cultural Services Board.
Moses Lake BMX 2023 Facility improvements.pptx 19.98MB
At the September PRCS Board meeting, the BMX Association presented concepts for improvements to the BMX
track adjacent to the Larson Recreation Center. The proposed improvements will be funded by the BMX
Association at no cost to the city. The PowerPoint presentation that shows the proposed improvements is
attached.
The park improvements, other than the registration/concession trailer building, would become a part of the park
and belong to the City. Ownership of the trailer would still need to be discussed and finalized. The lighting
installation would need to be communicated with the neighboring community and possibly a couple of open
house meetings to discuss that portion of the project would be advisable.
Options and Results
The conceptual plan would be approved, and BMX could begin the processes required for permitting the
building and installation of all the infrastructure items.
Staff will bring back options for recommended changes.COML Council Packet 10-10-23, Page 111 of 208
No Action Taken:
The concept design would be denied, and staff would communicate to the BMX Association that the proposed
improvements were not approved for installation.
COML Council Packet 10-10-23, Page 112 of 208
10/5/2023
1
Moses Lake BMX
5-year Facility Improvement Plan
Who We Are?
Moses Lake BMX association
501C3 Non Profit Association, est. 2004
5 board members, 3 who Race, and two USABMX coaches
All operations including track maintenance and events
performed by Volunteers
Insured and sanctioned by USABMX
Over $5500 in proceeds donated to Charity so far in 23’
Sponsorships for local neighborhood riders who can’t afford
racing.
Annual spring break clinic thru parks department with 40+
kids
1
2
COML Council Packet 10-10-23, Page 113 of 208
10/5/2023
2
Growth of Moses Lake BMX
2018
Ave 15 riders/race
2019
Ave 25 riders/race
184 riders gold cup/state
2023
Ave 46 riders/race
~50 local riders
387 riders at gold cup/state
2025
Target Growth
Ave 90 riders/race
70 local riders
400+ riders at gold cup/state race
Track Sanctioned for Racing in 2004
Racing League for beginner riders planned for 2024. Spokanes league picked up 90 riders this year
Increasing partnership with Spokane, Tri-cities, walla walla tracks as well as other state tracks to grow the sport.
Moses Lake BMX Association investments to the track
Full track maintenance since ~2018, 400+ volunteer hours annually
2021 partial track rebuild, 120 ton of dirt brought in by association
2022 $5k City LTAC grant used to partially fund full track rebuild, 400 tons of dirt
brought in and professional contractor and track was finished by volunteers. $6k
put in by Association
2023 $42k City LTAC grant secured. $21k used to purchase new safety starting
gate, and installed by association. In process of purchasing building/mobile
office trailer for registration and concessions.
2023 200 tons of dirt so far, 600 more in works
2023 ~$10k in funds available for additional improvements
2020 (City) new start gate timer and ram provided
2023 (City) new bathrooms with Larson Rec Center
3
4
COML Council Packet 10-10-23, Page 114 of 208
10/5/2023
3
Facility Improvements Targeted in next 3 years
Will put Moses Lake on par with Spokane and Tri-Cities and capable of
hosting a National Race
Registration and Concessions modular office trailer
Retaining walls on corners for additional viewing area
Lighting of track
Additional bleachers
Covered staging area target
Track drainage
Additional parking
Registration and Concessions Trailer
Spokane BMX
registrationOnly track in state w/o one
Modular office trailer
Half registration/office
Half Concessions
Painted to match facility
Plumbed for wash sink
Located adjacent to ice rink
5
6
COML Council Packet 10-10-23, Page 115 of 208
10/5/2023
4
Corner retaining walls for spectators and
stabilize corners
Example turn 2 wall
Lincoln Park,
Port Angeles WA
Increased spectator
area
Reduced
maintenance
Visually appealing
7
8
COML Council Packet 10-10-23, Page 116 of 208
10/5/2023
5
Example corner 1&3 walls with viewing area
Caldwell Idaho Track
Lighting
Expanded racing season in
spring & fall
Currently summer night races
run 7-830 on Fridays, practices
6-730 Wednesdays
Weeknight races 2/week
Increased rider count with
midweek races
Expanded series options to draw
out of town riders
9
10
COML Council Packet 10-10-23, Page 117 of 208
10/5/2023
6
Professional Lighting Design and Fixtures to
keep the light where it belongs on the track
Light Footprint
11
12
COML Council Packet 10-10-23, Page 118 of 208
10/5/2023
7
Covered Staging Area with Permanent poles.
Temporary shade
used for large events Caldwell BMX
Bleachers
More bleachers for more
spectators
Working with hockey to trade
bleachers back and forth
with opposite seasons
13
14
COML Council Packet 10-10-23, Page 119 of 208
10/5/2023
8
Track drainage
Remove infield fence and
deepen midfield channels
Install French drains
Thanks for
your Time
15
16
COML Council Packet 10-10-23, Page 120 of 208
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, Interim City Manager 12713
Kirsten Peterson, Director Community Development
10/10/2023 New Business
Grant County Emergency Housing Fund (EHG) Contract
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
663,000.00$663,000.00$663,000.00$
Staff recommends that City Council authorize the City Manager to execute the contract with Grant County for
acceptance of the Washington State Department of Commerce Emergency Housing Fund grant.
EHG Contract 2023_Grant County-City ML Subrecipient.pdf 1.53MB
CHG Guidelines July 1 2023.pdf 1.55MB
The purpose of this memo is twofold:
1) Request City Council authorization on an Emergency Housing Fund contract with Grant County, and
2) Provide background on the efforts made by Federal, State and local agencies to address the homelessness
challenges that occurred as a result of the COVID-19 pandemic, and to describe the grant founding and
assistance that was made available to the City of Moses Lake.
Prior to describing the grant funding that is currently under consideration, Staff would like to first provide the
background information related to the emergency shelter funding that became available as a result of the
COVID-19 pandemic.
ESG-CV Grant
In 2020 the federal government enacted the Emergency Solutions Grant COVID-19 (ESG-CV) program. This
program utilized federal funds to support communities in providing street outreach, emergency shelter, rental
assistance, and related services. This program provides resources for adults and families with children
experiencing or at risk of homelessness.
The purpose of the ESG program as described by the State Dept of Commerce was “to provide homelessness
prevention assistance to households who would otherwise become homeless, and to provide assistance toCOML Council Packet 10-10-23, Page 121 of 208
p e e t o ass sta ce to ouse o ds o ou d ot e se beco e o e ess, a d to p o de ass sta ce to
rapidly re-house persons who are experiencing homelessness. The funds under this program are intended to
target individuals and families who would be homeless but for this assistance. The funds will provide various
assistance, including short-term or medium-term Rental Assistance, Housing Search and Placement, and
Housing Stability Case Management.”
The funding was passed from the Federal Government to the states. In the state of Washington, the
Department of Commerce then allocated funding to each of the Counties. Local jurisdictions could then apply
for grant funding to operate qualifying shelter programs.
In November 2020, the City of Moses Lake successfully applied for and received $1,458,765 in ESG-CV
funding. The City quickly ramped up operations to open the “Open Doors Sleep Center” to provide the services
described in the grant purpose statement.
Over the course of the next three years, additional funding was made available from the State, and the City
executed 5 amendments to the contract through 2023 that brought the total amount of ESG-CV funding received
to $1,714,775.83.
EHG Grant
The ESG-CV grant ended on September 30, 2023, but in response to the ongoing homelessness challenges the
federal government created a new funding source referred to as the Emergency Housing Fund (EHF).
Washington State has once again allocated money to each of the counties, and for the next grant cycle year, the
State has allocated funding to the City of Moses Lake in the amount of $663,000 for providing the services
outlined in the contract. The duration of the contract is from July 1, 2023 through June 20, 2024.
Page 2 of the attached Contract describes the services to be provided as follows:
“In accordance with the Federal Funding Accountability and Transparency Act, the county will provide resources
to assist people who are experiencing homelessness or at risk of experiencing homeless ness with street
outreach, shelter, case management and rent assistance.”
The County is responsible for administering the EHG Contract and ensuring that the funds are used in
accordance with all program requirements. The City of Moses Lake is a subrecipient to the grant, and the
County is to “provide assistance and guidance” to the City of Moses Lake in meeting the program requirements.
The City then expends the funds in accordance with the grant guidelines and submits invoices to the County on
a monthly basis.
The program requirements and guidelines are included as the second attachment to this report. These
guidelines are 72 pages in length and must be adhered to in order to maintain compliance with the grant.
Among other items, it is required that the City use a program called HMIS (Homeless Management Information
System) to collect and manage data gathered while providing housing assistance to people experiencing
homelessness and households at risk of losing their housing.
The allowable expenses for the grant have been categorized by the federal government as outlined in the
following table:
CATEGORY ALLOWABLE EXPENSES / PURPOSE
Administration Administrative costs that benefit the organization as a
whole (to Grant County, Moses Lake and any
subrecipients)
HMIS The costs of contributing collected data to the HMIS
system
Outreach Activities to locate, identify, and building relationships with
unsheltered people
Shelter operations The costs of maintenance, including repairs, rent,
security, fuel, equipment, insurance, utilities, food,
furnishings, and supplies necessary to operate the
emergency shelter
Shelter case management The cost of assessing, arranging, coordinating, and
monitoring the delivery of individualized services to meet
the needs of the program recipients
COML Council Packet 10-10-23, Page 122 of 208
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Rapid re-housing case management The cost of providing housing search and placement, and
housing stability case management services.
Rapid re-housing rent assistance Rent assistance for up to 24 months and rental arrears
and associated fees for up to 6 months.
Prevention case management The cost of providing housing search and placement, and
housing stability case management services.
Prevention rental assistance Rent assistance for up to 24 months and rental arrears
and associated fees for up to 6 months.
Prevention Other Financial Assistance
Additional information regarding these specific categories and how the above described work was executed
during the duration of the ESG-CV grant will be provided at the next City Council meeting.
The new EHF grant will be subject to the CHG (Consolidated Homeless Grant) guidelines that have been
attached. Please refer to the table on page 6 with additional information about the eligible interventions and
housing eligibility status. The new budget categories are found in Section 2.3.2 on Page 14. They are similar to
the ESG categories, but have been modified slightly with new labels. The allowable expenses are described in
Section 6, on page 27, and further elaboration on the various categories continues through page 30. However,
with the new billing invoices, the only categories for EHF will be Administration, Operations, Facilities Support
and Rent.
Entering into the contract with Grant County will allow the City to continue operating the Open Doors Sleep
Center utilizing grant funding. Maintaining the overnight sleep center operations allows the City to enforce the
“No camping” policy on public property including all city parks, rights of way, and other publicly owned areas.
Options and Results
The City will receive the funding necessary to continue operation at the existing Open Doors
Sleep Center.
Staff will bring back options for recommended changes.
The City will not have the funding to continue providing overnight shelter at the Sleep Center and would no
longer be able to enforce the No Camping policy on public property.
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Guidelines
FOR THE
Consolidated Homeless Grant
July 1, 2023
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Contents
1 Grant Basics .......................................................................................................................................... 6
1.1 Overview ............................................................................................................................................... 6
1.2 Purpose Statement ............................................................................................................................... 6
1.3 Authorizing Statute and Fund Sources ................................................................................................. 7
1.4 Allowable Interventions ....................................................................................................................... 7
Temporary Housing Interventions .................................................................................................... 7
Permanent Housing Interventions .................................................................................................... 8
Services Only Interventions .............................................................................................................. 8
2 Administrative Requirements of Lead Grantees .................................................................................... 9
2.1 Homeless System Responsibilities ........................................................................................................ 9
Homeless System Performance Requirements ................................................................................ 9
Low Barrier Housing Project ............................................................................................................. 9
Coordinated Entry System .............................................................................................................. 10
Reporting Requirements ................................................................................................................. 11
Training ........................................................................................................................................... 11
Benefit Verification System Requirements ..................................................................................... 11
2.2 Grant Management ............................................................................................................................ 12
Changes to Guidelines .................................................................................................................... 12
Commerce Monitoring .................................................................................................................... 12
Subgrantee Requirements .............................................................................................................. 12
Eviction Prevention By and For Organization Subgrant Requirement ........................................... 13
By and For Engagement .................................................................................................................. 13
2.3 Fiscal Administration .......................................................................................................................... 14
Budget Caps .................................................................................................................................... 14
Budget Categories ........................................................................................................................... 14
Reimbursements ............................................................................................................................. 15
Budget Revisions ............................................................................................................................. 15
3 Homelessness Assistance (funded with CHG Standard and PSH CHF) ................................................... 16
3.1 Homelessness Assistance Allowable Interventions ............................................................................ 16
Temporary Housing Interventions .................................................................................................. 16
Permanent Housing Interventions .................................................................................................. 16
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Services Only Interventions ............................................................................................................ 16
3.2 Homelessness Assistance Household Eligibility ................................................................................. 16
CHG Standard .................................................................................................................................. 16
Permanent Supportive Housing for Chronically Homeless Families (PSH CHF) ............................. 16
3.3 Homelessness Assistance Housing Status Eligibility ........................................................................... 17
Homeless ......................................................................................................................................... 17
Chronically Homeless ...................................................................................................................... 17
3.4 Homelessness Assistance Documentation of Housing Status ............................................................ 18
Housing Status Eligibility Exemption .............................................................................................. 18
3.5 Homelessness Assistance Income Eligibility ....................................................................................... 18
Income Eligibility Exemptions ......................................................................................................... 18
3.6 Homelessness Assistance Documentation of Income Eligibility ........................................................ 19
Annualizing Wages and Periodic Payments .................................................................................... 19
3.7 Homelessness Assistance Eligibility Recertification ........................................................................... 19
Income Ineligible at Recertification ................................................................................................ 19
3.8 Additional Eligibility Requirements for Permanent Supportive Housing ........................................... 19
Documentation of a Disability ........................................................................................................ 20
Maintaining Homeless Status for Permanent Housing................................................................... 20
4 Homelessness Prevention (funded with CHG Standard and Eviction Prevention) ................................. 21
4.1 Homelessness Prevention Allowable Housing Intervention .............................................................. 21
Permanent Housing Interventions .................................................................................................. 21
4.2 Homelessness Prevention Household Eligibility................................................................................. 21
4.3 Homelessness Prevention Housing Status Eligibility .......................................................................... 21
At Risk of Homelessness ................................................................................................................. 21
4.4 Homelessness Prevention Documentation of Housing Status ........................................................... 22
Targeted Prevention ....................................................................................................................... 22
4.5 Homelessness Prevention Income Eligibility ...................................................................................... 22
Income Eligibility Exemptions ......................................................................................................... 22
4.6 Homelessness Prevention Documentation of Income Eligibility ....................................................... 23
Annualizing Wages and Periodic Payments .................................................................................... 23
4.7 Homelessness Prevention Eligibility Recertification .......................................................................... 23
Income Ineligible at Recertification ................................................................................................ 23
4.8 Landlords Applying for Homelessness Prevention Assistance on Behalf of Tenant .......................... 23
5 Housing and Essential Needs (funded with HEN) ................................................................................. 24
5.1 Allowable Interventions ..................................................................................................................... 24
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Temporary Housing Interventions .................................................................................................. 24
Permanent Housing Interventions .................................................................................................. 24
Services Only Interventions ............................................................................................................ 24
5.2 HEN Household Eligibility ................................................................................................................... 24
5.3 HEN Housing Status Eligibility ............................................................................................................. 24
Homeless ......................................................................................................................................... 24
At Risk of Homelessness ................................................................................................................. 25
5.4 HEN Documentation of Housing Status .............................................................................................. 25
Targeted Prevention ....................................................................................................................... 25
5.5 HEN Referral ....................................................................................................................................... 26
Documentation of HEN Referral ..................................................................................................... 26
5.6 HEN Eligibility Recertification ............................................................................................................. 26
HEN Ineligible at Recertification ..................................................................................................... 26
6 Allowable Expenses ............................................................................................................................ 27
6.1 Rent ..................................................................................................................................................... 27
Special Circumstances ..................................................................................................................... 27
Ineligible Expenses .......................................................................................................................... 28
6.2 Facility Support ................................................................................................................................... 28
Special Circumstances ..................................................................................................................... 28
Ineligible Expenses .......................................................................................................................... 28
HEN Facility Support ....................................................................................................................... 28
Maintenance Activities vs. Building Rehabilitation ........................................................................ 29
6.3 Operations .......................................................................................................................................... 29
Homeless Crisis Response System Expenses .................................................................................. 29
Program Expenses ........................................................................................................................... 29
Flexible Funding .............................................................................................................................. 30
6.4 Administration .................................................................................................................................... 31
7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service ...................................... 32
7.1 Service Delivery .................................................................................................................................. 32
Access to Homeless Housing Assistance ......................................................................................... 32
Voluntary Services .......................................................................................................................... 32
Progressive Engagement ................................................................................................................. 32
Assessment and Housing Stability Planning ................................................................................... 33
Choice of Housing and Portability................................................................................................... 33
7.2 HMIS ................................................................................................................................................... 33
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Data Quality .................................................................................................................................... 33
Consent for Entry of Personally Identifying Information ............................................................... 35
HMIS Data Suppression Policy ........................................................................................................ 36
7.3 Habitability.......................................................................................................................................... 37
For Rent Assistance ......................................................................................................................... 37
For Facilities .................................................................................................................................... 37
7.4 Lead Based Paint Assessment............................................................................................................. 38
For Rent Assistance ......................................................................................................................... 38
For Facilities .................................................................................................................................... 38
Exceptions to the Lead-Based Paint Visual Assessment Requirement ........................................... 38
7.5 Additional Requirements .................................................................................................................... 38
Fraud and Other Loss Reporting ..................................................................................................... 38
Personal Identifying Information .................................................................................................... 38
Grievance Procedure ...................................................................................................................... 38
Termination and Denial of Service Policy ....................................................................................... 39
Records Maintenance and Destruction .......................................................................................... 39
Client File Check List........................................................................................................................ 39
Consent to Review Information in the Benefits Verification System ............................................. 39
Prohibitions ..................................................................................................................................... 39
Nondiscrimination........................................................................................................................... 39
8 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance ...................... 41
8.1 Washington Residential Landlord-Tenant Act .................................................................................... 41
8.2 Rental Agreements ............................................................................................................................. 41
Intent to Rent .................................................................................................................................. 41
Lease ............................................................................................................................................... 41
Certification of Payment Obligation ............................................................................................... 41
8.3 Dispute Resolution Center Partnerships ............................................................................................ 41
8.4 Payment Standards to Determine Rent Limit .................................................................................... 42
Payment Standards Options ........................................................................................................... 42
Rent Limit Exceptions ...................................................................................................................... 43
8.5 Determining Rent Subsidy .................................................................................................................. 43
9 Washington State’s Landlord Mitigation Law ...................................................................................... 44
10 Appendices ......................................................................................................................................... 45
10.1 Appendix A: Required and Recommended Forms ............................................................................. 45
10.2 Appendix B: Required Policies and Procedures .................................................................................. 46
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10.3 Appendix C: Client File Documentation .............................................................................................. 47
10.4 Appendix D: Homeless System Performance Requirements ............................................................. 48
10.4.3 Housing Outcome Performance Requirements .............................................................................. 48
10.4.4 Data Sources ................................................................................................................................... 48
10.4.5 Equitable Access ............................................................................................................................. 48
10.4.6 Subgrantee Agreements ................................................................................................................. 49
Table A: Required Housing Outcome Performance Measures ..................................................................... 49
10.5 Appendix E: Household Eligibility Requirements ............................................................................... 50
10.6 Appendix F: Examples of Maintenance Activities .............................................................................. 51
10.7 Appendix G: Agency Partner HMIS Agreement .................................................................................. 52
10.8 Appendix H: Lead-Based Paint Visual Assessment Requirements ..................................................... 58
10.9 Appendix I: Access to the DSHS Benefits Verification System Data Security Requirements ............. 60
10.10 Appendix J: Access to the DSHS HEN Referral List Data Security Requirements ............................... 64
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1.1 Overview
The Consolidated Homeless Grant (CHG) has several fund sources, including state general fund and
document recording fees. Throughout the guidelines the funding sources are referred to as CHG
Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction
Prevention, and Housing and Essential Needs (HEN). Each of the funds has different eligibility
requirements. These guidelines provide information on how to comply with requirements and
Commerce invites grantees to reach out for clarification, as needed.
The State Homeless Housing Strategic Plan and Annual Report of the Homeless Grant Programs are
located on the Department of Commerce website.
1.2 Purpose Statement
The Office of Family and Adult Homelessness in the Homelessness Assistance Unit at the
Department of Commerce administers state and federal funds to support homeless crisis response
systems in WA State.
1 Grant Basics
Funding Source* Allowable Interventions Housing Status
Eligibility
Income
Eligibility
Where to Find
Eligibility
Requirements in
Guidelines
CHG Standard Emergency Shelter
Drop-In
Continuous Stay
Transitional Housing
Homelessness Prevention
Rapid Re-Housing
Permanent Supportive
Housing
Street Outreach
Homeless
Homeless and a
household member
with a permanent
disability
At Risk of Homelessness
At or Below
80% AMI
Homelessness
Assistance
Homelessness
Prevention
Permanent
Supportive
Housing for
Chronically
Homeless Families
(PSH CHF)
Permanent Supportive
Housing
Street Outreach
Chronically homeless
head of household with
a permanent disability
At or Below
80% AMI
Homelessness
Assistance
Eviction
Prevention
Homelessness Prevention At Risk of Homelessness At or Below
80% AMI
Homelessness
Prevention
Housing and
Essential Needs
(HEN)
Transitional Housing (TH)**
Homelessness Prevention
(HP)
Rapid Re-Housing (RRH)
Permanent Supportive
Housing (PSH)**
Street Outreach
Homeless
At Risk of Homelessness
HEN
Referral
Housing and Essential
Needs
*Allowable expenses are detailed in Section 6 Allowable Expenses. The following guidelines sections are required for all
funding sources: Section 7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service and Section 8
Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance.
**See Section 6.2.3 HEN Facility Support.
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The Consolidated Homeless Grant is a critical resource in the crisis response system.
People living unhoused become stably housed when the system is low barrier, trauma informed,
culturally responsive and Housing First oriented. People living unstably housed become stably
housed when the system is oriented toward problem solving conversations and personal advocacy
to help people identify practical solutions based on their own available resources.
We expect Commerce grantees, including county governments and nonprofits, to be leaders in
their crisis response systems, facilitating partnership among service organizations and promoting
evidence-based, anti-racist practices.
Grantees must respond to the disproportionality in access to services, service provision and
outcomes and cannot simply rely on standard business practices to address inequity. Grantees
have the responsibility to ensure all people eligible for services receive support and are served with
dignity, respect and compassion regardless of circumstance, ability or identity.
This includes marginalized populations, Black, Native and Indigenous, People of Color, immigrants,
people with criminal records, people with disabilities, people with mental health and substance use
vulnerabilities, people with limited English proficiency, people who identify as transgender, people
who identify as LGBTQ+, and other individuals that may not access mainstream support.
We are here to support your efforts. The Homelessness Assistance Unit provides access to
continuous learning on trauma informed services, racial equity, LGBTQ+ competency and more. We
can help you strategize outreach, coordinated entry and help you understand your data so we can
meet Washington’s vision that no person is left living outside.
1.3 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
1.4 Allowable Interventions
All allowable housing interventions are defined below. Allowable interventions are dependent on
fund source.
Temporary Housing Interventions
Temporary housing interventions are those in which the household must leave the shelter or unit
at the end of their program participation. Households are considered homeless while enrolled in
temporary housing interventions.
Emergency Shelter
Emergency Shelter (ES) provides short-term1 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility-based or hotel/motel voucher.
1.4.1.1.1 Drop-in Shelter
Drop-in Shelters offer night-by-night living arrangements that allow households to enter and exit
on an irregular or daily basis.
1 Emergency Shelter programs are typically designed and intended to provide temporary shelter for short- term stays: up to three months.
Clients are not required to exit after 90 days. Clients are not required to exit after 90 days.
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1.4.1.1.2 Continuous-stay Shelter
Continuous-stay Shelters offer living arrangements where households have a room or bed assigned
to them throughout the duration of their stay.
Transitional Housing
Transitional Housing (TH) is subsidized, facility-based housing that is designed to provide long-
term2 temporary housing and to move households experiencing homelessness into permanent
housing. Lease or rental agreements are required between the transitional housing project and the
household.
Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
Homelessness Prevention
Homelessness Prevention (HP) helps households who are at risk of homelessness to maintain or
obtain stable housing and avoid homelessness. Services include housing-focused case management
and temporary rent subsidies.
Rapid Re-Housing
Rapid Re-Housing (RRH) quickly moves households from homelessness into permanent housing by
providing:
Housing Identification Services: Recruit landlords to provide housing for RRH participants
and assist households with securing housing.
Financial Assistance: Provide assistance to cover move-in costs and deposits as well as
ongoing rent and/or utility payments.
Case Management and Services: Provide services and connections to community resources
that help households maintain housing stability.
Permanent Supportive Housing
Permanent Supportive Housing (PSH) is subsidized, non-time-limited housing with support services
for homeless households that include a household member with a permanent disability. Support
services must be made available but participation is voluntary (see section 7.1.2). PSH may be
provided as a rent assistance (scattered site) or facility-based model. For facility-based models, a
lease or rental agreement is required between the PSH project and the household. The services and
the housing are available permanently.
Households funded with PSH CHF must include a Head of Household who is chronically homeless
and permanently disabled.
Services Only Interventions
Street Outreach
Street outreach is a strategy for engaging people experiencing homelessness who are otherwise
not accessing services for the purpose of connecting them with emergency shelter, housing, or
other critical services.
2 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two years.
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2.1 Homeless System Responsibilities
Homeless System Performance Requirements
Grantees must improve housing outcomes by making progress towards the statewide performance
target. For each intervention type funded by CHG, grantees must adopt the required housing outcome
performance measure outlined in Table A, in Appendix D: Homeless System Performance See Appendix
D for more information.
Low Barrier Housing Project
Each county must have at least one low barrier project3 serving homeless adults and at least one low
barrier project serving homeless households with children. By July 1, 2025, no less than 80% of a
county’s CHG funded projects (programs and facilities) must be low barrier.
All homeless housing projects adhere to state and federal anti-discrimination laws:
All projects ensure equal access for people experiencing homelessness regardless of race,
national origin, gender identity, sexual orientation, marital status, age, veteran or military
status, disability, or the use of an assistance animal.
Projects designed to serve families with children experiencing homelessness ensure equal
access regardless of family composition and regardless of the age of a minor child.
Projects that operate gender segregated facilities allow the use of facilities consistent with the
person’s gender expression or identity.
Intake & Project Eligibility
Low barrier projects have flexible intake schedules and require minimal documentation. At the
minimum, homeless households are not screened out based on the following criteria:
Having too little or no income
Having poor credit or financial history
Having poor or lack of rental history
Having involvement with the criminal justice system
Having active or a history of alcohol and/or substance use
Having been impacted or affected by a crime
The type or extent of disability-related services or supports that are needed
Lacking ID or proof of U.S. Residency Status
Other behaviors that are perceived as indicating a lack of “housing readiness,” including
resistance to receiving services
Project Participation
Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on
maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have
work or volunteer requirements.
3 Project types that can meet this requirement: Emergency Shelter, Transitional Housing, PH: Rapid Re-Housing, PH: Housing with Services (no
disability requirement), and PH: Housing Only. Projects must operate year round and serve all homeless single adults or households with children
(projects cannot be subpopulation specific, e.g. DV, HEN, youth, etc.).
2 Administrative Requirements of Lead Grantees
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Projects that require households to pay a share of rent allow reasonable flexibility in payment.
Emergency shelters must not require households to pay a share of rent or program fees.
Households are not terminated from the project for the following reasons:
Failure to participate in supportive services or treatment programs
Failure to make progress on a housing stability plan
Alcohol and/or substance use in and of itself is not considered a reason for termination
Households residing in emergency shelter must not be exited to homelessness due to reaching a
maximum stay limit.
If a household is terminated from a low barrier project due to violating rules focused on maintaining a
safe environment, there must be a process in place for the household to be considered for re-
enrollment if the household demonstrates unsafe behavior is unlikely to re-occur (i.e. engaged in new
treatment plan, mental health services, medical care, etc.).
Coordinated Entry System
Each county must maintain a Coordinated Entry (CE) process. CE is a coordinated system of intake,
assessment, and referral that gets households in a housing crisis connected to available resources in
the community. The goal of CE is to help communities prioritize assistance to ensure people who need
the assistance the most can receive it in a timely manner. Refer to the Washington State Coordinated
Entry Guidelines for requirements. If the CHG lead grantee is a county government, projects funded by
local homeless housing surcharge revenue (local document recording fees) must also participate in the
CE process as described below.
Transitional Housing, Homelessness Prevention, Rapid Re-Housing, and Permanent Supportive Housing
projects funded by CHG must participate in the county or regional CE by accepting referrals and must
fill openings exclusively through the CE process.
Lead grantees may elect to opt out of the CE process for Homelessness Prevention projects if the
county has enough funding to serve all households at risk of homelessness in need of services or if the
project is operated by a By and For subgrantee as defined in these guidelines (Section 2.2.4). Lead
grantees must receive approval from Commerce and provide evidence that they are meeting the need
in their community and providing adequate outreach to their community if a mainstream housing
provider organization is opting out of the CE process.
If the county or regional CE requires Emergency Shelters and Drop-in Shelters to participate in the
county or regional CE process, Emergency Shelters and Drop-in Shelters funded by CHG must
participate in the county or regional CE process by accepting referrals and must fill openings exclusively
through the CE process.
Street Outreach projects funded by CHG must be linked to the county or regional CE by either
performing mobile CE process services (e.g. assessment) or by providing referrals to CE.
Projects operated by victim service providers are not required but may elect to participate in the
county or regional CE process.
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Reporting Requirements
Lead grantees are responsible for submitting the following:
Local Homeless Housing Plan
Lead grantees must submit an updated county Local Homeless Housing Plan to Commerce at least
every five years and an annual report each year. Local Plan Guidance is located on the Commerce State
Strategic Plan, Annual Report and Audits website.
Annual County Expenditure Report
Lead grantees must submit a complete and accurate Annual County Expenditure Report to Commerce.
Commerce will annually score Annual County Expenditure Report data quality.
Point in Time Count
Lead grantees must ensure the collection and reporting of the annual Point in Time (PIT) Count of
sheltered and unsheltered homeless persons for their county is in accordance with the Commerce
Count Guidelines and must comply with PIT Count best practices published by Commerce, located on
the Commerce Annual Point in Time Count website.
Essential Needs Report
Lead grantees must submit an HEN Essential Needs Report at the end of each state fiscal year, which is
a count of the total instances of Essential Needs services.
Training
Lead/subgrantees must identify staff to attend and complete trainings. These staff should include staff
that provide direct services, supervisors of direct service staff, and staff that manage homeless grants.
The following trainings are required at least every three years and attendance must be documented:
Trauma Informed Services
Supporting survivors of domestic violence
Local coordinated entry policies and procedures as required by lead CE entity
Fair Housing
Housing First
Racial Equity
LGBTQ+ competency
Rapid Re-Housing
Progressive Engagement and Problem-Solving (Diversion)
Other recommended trainings include mental health first aid, crisis intervention, professional
boundaries, and case management.
In addition, lead/subgrantee staff are highly encouraged to attend the annual Washington State
Conference on Ending Homelessness.
Costs to attend trainings are an eligible program expense (see Section 6.3).
Visit the Commerce Homeless Services Grantee Trainings website for available online trainings.
Benefit Verification System Requirements
Commerce maintains a data share agreement with the Department of Social and Health Services
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(DSHS) so homeless housing grantees can access the Benefits Verification System (BVS) to confirm HEN
program eligibility. The BVS can also be used to confirm benefits and financial eligibility for homeless
housing programs.
Lead grantees manage BVS User access for their staff and subgrantees. Upon approval by Commerce,
lead grantees may also appoint another agency as the BVS lead for their county.
BVS leads are responsible for the following:
Review User requests to confirm requesting agency is a subgrantee and staff have a business
need to access the BVS system.
Confirm that each User request includes a signed DSHS Non-Disclosure form.
Retain all signed DSHS Non-Disclosure forms.
Maintain an Excel spreadsheet identifying current and past BVS Users. Spreadsheet must be in
format designated by Commerce.
Report to Commerce within one business day when User no longer require access to BVS.
Provide access to DSHS Non-Disclosure forms and User spreadsheet for inspection within one
business day of request by Commerce or DSHS.
BVS leads are also responsible for the following, annually:
Require Users to re-sign DSHS Non-Disclosure form.
Review BVS User spreadsheet for accuracy and notify Commerce of any changes.
Notify Commerce via email upon completion of annual requirements.
2.2 Grant Management
Changes to Guidelines
Commerce may revise the guidelines at any time. All lead grantees will be sent revised copies. Lead
grantees are responsible for sending revisions to subgrantees in a timely manner.
Commerce Monitoring
Commerce will monitor lead grantees’ grant activities, including coordinated entry. Lead grantees will
be given a minimum of 30 days’ notice unless there are special circumstances that require immediate
attention. The notice will specify the monitoring components.
Subgrantee Requirements
The Grant General Terms & Conditions Section 32 or 15 identifies subgrantee requirements. In
addition, all subgrantee agreements must be time-limited and have defined roles and responsibilities
for each party, detailed budgets and performance terms. Commerce reserves the right to directly
contact subgrantees at any time for data quality, monitoring, fiscal and other issues.
Lead grantees may enter into an agreement with any other local government, Council of Governments,
Housing Authority, Community Action Agency, nonprofit community or neighborhood-based
organization, federally recognized Indian tribe in the state of Washington, or regional or statewide
nonprofit housing assistance organizations who operate programs to end homelessness within a
defined service area.
Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify
Commerce if subgrants are terminated during the grant period.
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Lead grantees must notify Commerce of any changes in selection of subgrantees funded with CHG, or
changes in the interventions of those subgrantees.
Subgrantee Risk Assessment and Monitoring
Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in
the CHG guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan
for each subgrantee within six months of contracting CHG to the subgrantee. The risk assessment must
inform the monitoring plan for each subgrantee. Monitoring plans must include monitoring dates, the
type of monitoring (remote, on-site), and the program requirements being reviewed.
The lead grantee must maintain policies and procedures that guide the risk assessment, monitoring
activities, and monitoring frequency.
Commerce reserves the right to require lead grantees to undertake special reviews when an audit or
other emerging issue demands prompt intervention and/or investigation.
Subgrantee Performance Requirements
Housing outcome performance requirements must be included in CHG subgrantee agreements for
applicable intervention types. Grantees may customize subgrantee performance requirements by
establishing agency specific benchmarks which take into account past performance, facility type, target
population and other variables. See Appendix D: Homeless System Performance for more information.
Eviction Prevention By and For Organization Subgrant Requirement
At least 10 percent of the Eviction Prevention total award must be subgranted to organizations that
serve and are substantially governed by marginalized populations (By and For organizations4). Subgrant
activities may include the full scope of homelessness prevention program activities.
Marginalized communities may include ethnic and racial minorities; immigrants and refugees;
individuals who are lesbian, gay, bisexual, and transgender; individuals with disabilities or who are
deaf; and Native Americans.
Lead grantees must make a reasonable effort to subgrant with By and For organizations. If a lead
grantee is not able to execute a subagreement, they may ask Commerce for an exemption from this
requirement by submitting the Eviction Prevention Sub Contracting Exemption Request Form in the
application. An exemption request must include a plan to spend 10 percent of the grant in a manner
that will improve racial equity for historically underserved communities.
By and For Engagement
Commerce expects grantees to be anti-racist leaders in their crisis response systems and facilitate
partnerships among organizations that respond to the disproportionality in services and outcomes for
communities that don’t seek assistance from mainstream organizations. At minimum, this includes
acknowledging By and For agency subject matter expertise in serving their communities, including
4By and For Organizations are operated by and for the community they serve. Their primary mission and history is serving a specific community and they are
culturally based, directed, and substantially controlled by individuals from the population they serve. At the core of their programs, the organizations embody the
community’s central cultural values. These communities may include ethnic and racial minorities; immigrants and refugees; individuals who identify as LGBTQ+,
individuals with disabilities or who are deaf; and Native Americans.
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them in homeless response planning and decision making and ensuring resources are equitably
distributed to communities most impacted. While the new eviction rent assistance funds legislatively
require lead grantees to set aside, at least 10% of the funding for By and For service delivery, this
direction should also influence the overall county homeless crisis response systems.
Recommendations:
Ensuring local boards and councils are diverse and representative of the population in need of
services.
Engaging By and For organizations at the beginning of planning processes and not solely for
feedback on final drafts.
Identifying and addressing barriers to delivering services in partnership with By and For
organizations.
2.3 Fiscal Administration
Budget Caps
CHG Standard Administration - up to 15 percent of the CHG Standard and PSH CHF contracted
budget may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
Eviction Prevention Administration – up to 15 percent of the total grant for the lead grantee
and up to 15 percent of each subgrantee grant total may be allocated to administration.
Budgeted amounts in these four funding categories cannot be changed by moving funds from
one of these categories to another.
Budget Categories
The following table maps the budget categories to the allowable expenses.
Fund
Source
Budget Categories Allowable Expenses - linked to relevant
sections of the Guidelines CHG Standard Admin Administration
Rent Rent
Facility Support Facility Support
Operations Operations, including Flexible Funding PSH CHF PSH CHF Rent/Fac Support Rent and Facility Support
PSH CHF Operations Operations, including Flexible Funding HEN HEN Admin Administration
HEN Rent/Fac Support Rent and Facility Support
HEN Operations Operations, including Flexible Funding Eviction Prevention Eviction Prevention Admin Administration
Eviction Prevention Rent Rent
Eviction Prevention Operations Operations, including Flexible Funding
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Reimbursements
Lead grantees must bill Commerce monthly for reimbursement of allowable costs. Invoices are due on
the 20th of the month following the provision of services. Final invoices for a biennium may be due
sooner than the 20th. If the lead grantee fails to submit an invoice within a three-month period,
without a reasonable explanation, Commerce may take corrective action as outlined in the lead
grantee contracted Scope of Work. Exceptions to billing procedures can be negotiated with Commerce
on a case-by-case basis.
Invoices must be submitted online using the Commerce Contract Management System (CMS) through
Secure Access Washington (SAW).
Back-up Documentation
All invoices must include the Voucher Detail Worksheet (if grantee has subgrantees) and the required
HMIS reports. Invoices may not be paid until the report(s) are received and verified. Commerce may
require a lead grantee to submit additional documentation. Lead grantees must retain original invoices
submitted by their subgrantees.
Budget Revisions
Revisions must be submitted using the Budget Revision Tool and approved by Commerce. Budget Caps
must be maintained with each revision.
A contract amendment is required when revisions (in one or cumulative transfers) reach more than 10
percent of the grant total.
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3.1 Homelessness Assistance Allowable Interventions
All housing intervention definitions can be found in Section 1.4.
Temporary Housing Interventions
Emergency Shelter (ES)
Drop-in Shelter
Continuous-stay Shelter
Transitional Housing (TH)
Permanent Housing Interventions
Rapid Re-Housing (RRH)
Permanent Supportive Housing (PSH)
Services Only Interventions
Street Outreach
3.2 Homelessness Assistance Household Eligibility
A household is one or more individuals seeking to obtain housing together. The entire household
must be considered for eligibility determination and services. A household does not include friends or
family that are providing temporary housing. Refer to Appendix E: Household Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible households for homelessness assistance must meet both housing status and income
requirements as detailed in the following sections.
CHG Standard
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income.
Permanent Supportive Housing for Chronically Homeless Families (PSH CHF)
Eligibility for PSH CHF:
Head of household (HOH) must meet housing status detailed below and have a disability as
defined in section 3.8, and
3 Homelessness Assistance (funded with CHG Standard and PSH CHF)
Housing Status Income*
Homeless
AND
At or below 80%
area median income
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Household must meet income status and have dependents. Dependent is defined as any
household member who is not the head, co-head, or spouse, but is: under the age of 18 years;
disabled (of any age); or a full-time student (of any age).
Housing Status Income*
HOH Chronically Homeless AND
At or below 80%
area median income
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income. Homelessness Assistance Housing Status
Eligibility
3.3 Homelessness Assistance Housing Status Eligibility
Homeless
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
Unsheltered Homeless:
Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household’s
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
Sheltered Homeless:
Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
Chronically Homeless5
1. A homeless individual with a disability6 who:
Lives in a place not meant for human habitation or in an emergency shelter; and
Has been homeless (as described above) continuously for at least 12 months or on at least 4
separate occasions in the last 3 years where the combined occasions must total at least 12
months.
5 Section 3.3.2 summarizes HUD’s definition of chronically homeless. Refer to 24 CFR part 578 for the full definition.
6 Refer to Section 3.8 of the guidelines to read more on disability.
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Occasions separated by a break of at least seven nights.
Stays in institution of fewer than 90 days do not constitute a break.
2. An individual who has been residing in an institutional care facility for fewer than 90 days and met
all of the criteria in paragraph (1) of this definition, before entering that facility; or
3. A family with an adult head of household (or if there is no adult in the family, a minor head of
household) who meets all of the criteria in (1) or (2) of this definition, including a family whose
composition has fluctuated while the head of household has been homeless.
3.4 Homelessness Assistance Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Housing Status Eligibility Exemption
Households entering emergency shelter are exempt from housing status requirements.
3.5 Homelessness Assistance Income Eligibility
The combined household income must not exceed 80 percent of area median gross income as defined
by HUD. Lead grantees can determine to target households with a lower area median income.
Income limits are based on Area Median Income (AMI) which can be located for each county at:
www.huduser.gov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household’s income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24 – Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
Income Eligibility Exemptions
Income eligibility verification is never required for Drop-in Shelter or for households receiving only
flexible funding.
The following are exempt from income eligibility requirements for the first 90 days of program
participation:
Households entering Transitional Housing
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Households entering a Rapid Re-Housing program
Households entering a Continuous-stay Shelter
Households residing in Domestic Violence Shelters past 90 days may be exempt from income
requirements on a case by case basis, as determined by the lead/subgrantee, if needed in order to
ensure safety of the household.
Households receving Temporary Assistance for Needy Families (TANF) must not have their TANF
benefit count towards income.
3.6 Homelessness Assistance Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHG Self-Declaration Form.
Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
Weekly wage multiplied by 52 weeks.
Bi-weekly (every other week) wage multiplied by 26 bi-weekly periods.
Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
3.7 Homelessness Assistance Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the CHG Verification of Household Eligibility and Income Recertification Form.
Income recertification is not required for CHG Standard PSH or PSH CHF.
Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
3.8 Additional Eligibility Requirements for Permanent Supportive Housing
To be eligible for CHG Standard PSH, a household must be homeless (as defined in section 3.3.1) AND
include at least one household member who has a disability.
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To be eligible for PSH CHF, the head of household must meet homelessness and disability criteria
identified in the definition of chronically homeless in Section 3.3.2.
Disabilities are expected to be long-continuing or indefinite in duration and sustainability impedes the
household member’s ability to live independently.
Disability includes: a physical, developmental, mental, or emotional impairment, including impairment
caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury. A person will also be
considered to have a disability if he or she has Acquired Immune Deficiency Syndrome (AIDS) or any
conditions arising from the etiologic agent for 86 Acquired Immune Deficiency Syndrome, including
infection with the Human Immunodeficiency Virus (HIV).
Documentation of a Disability
Lead/subgrantees must verify and document the disability prior to program entry. Acceptable
documentation of the disability must include one the following:
Written verification of the disability from a professional licensed by the state to diagnose and
treat the disability and his or her certification that the disability is expected to be long
continuing or of indefinite duration and substantially impedes the individual’s ability to live
independently.
Written verification from the Social Security Administration.
Disability check receipt (Social Security Disability Insurance check or Veteran Disability
Compensation).
Other documentation approved by Commerce.
CHG Verification of Household Eligibility and Income Recertification Form and all allowable disability
documentation must be kept in the client file. If unable to document disability at program entry with
the above methods, program staff must record observation of disability. Required documentation
(above) must be obtained within 45 days of program enrollment.
Maintaining Homeless Status for Permanent Housing
While receiving Rapid Re-Housing assistance, households maintain their homeless status for purposes
of eligibility for other permanent housing placements.
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4.1 Homelessness Prevention Allowable Housing Intervention
All housing intervention definitions can be found in Section 1.4.
Permanent Housing Interventions
Homelessness Prevention (HP)
4.2 Homelessness Prevention Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing. Refer to Appendix E: Household
Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible households for homelessness prevention must meet both housing status and income
requirements as detailed in the following sections.
Housing Status Income*
At Risk of Homelessness AND
At or below 80%
area median income
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income.
4.3 Homelessness Prevention Housing Status Eligibility
At Risk of Homelessness
Households are at risk of homelessness if they meet one of the following conditions:
Have a missed rent payment and currently owe all or part of a rent payment (current month or
past months); OR
Has moved because of economic reasons 2 or more times during the 60 days immediately
preceding the application for assistance; OR
Is living in the home of another because of economic hardship; OR
Has been notified that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistance; OR
Lives in a hotel/motel and the cost is not paid for by charitable organizations or by Federal,
State, or local government programs for low-income individuals; OR
4 Homelessness Prevention (funded with CHG Standard and Eviction Prevention)
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Lives in an SRO or efficiency apartment unit in which there reside more than 2 persons or lives
in a larger housing unit in which there reside more than one and a half persons per room; OR
Is exiting a publicly funded institution or system of care.
4.4 Homelessness Prevention Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Targeted Prevention
Homelessness prevention programs must prioritize households most likely to become homeless, and
must use either the CHG Targeted Prevention Eligibility Screening Form or other tool approved by
Commerce. This form must be kept in the client file.
If modifying the CHG Targeted Prevention Eligibility Screening Form or using another tool, the risk
factors must be evidence informed. Submit the screening tool to your Commerce grant manager for
approval.
4.5 Homelessness Prevention Income Eligibility
The combined household income must not exceed 80 percent of area median gross income as defined
by HUD. Lead grantees can determine to target households with a lower area median income.
Income limits are based on Area Median Income (AMI) which can be located for each county at:
www.huduser.gov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household’s income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24 – Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
Income Eligibility Exemptions
Income eligibility verification is never required for households receiving only flexible funding.
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4.6 Homelessness Prevention Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHG Self-Declaration Form.
Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
Weekly wage multiplied by 52 weeks.
Bi-weekly (every other week) wage multiplied by 26 bi-weekly periods.
Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
4.7 Homelessness Prevention Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the CHG Verification of Household Eligibility and Income Recertification Form.
Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
4.8 Landlords Applying for Homelessness Prevention Assistance on Behalf of Tenant
Lead/subgrantees must allow landlords to initiate a request for assistance on behalf of their tenants by
completing the Certification of Payment Obligation Form. Eligibility is based on tenant eligibility. At
minimum, a reasonable attempt to contact the tenant must be made by the lead/subgrantee using the
information provided from the landlord. The lead/subgrantee must create a process for what is
reasonable based on the agency and staffing capacity.
If a tenant is unresponsive, ineligible, or eligibility cannot be determined, assistance must be denied.
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5 Housing and Essential Needs (funded with HEN)
5.1 Allowable Interventions
All housing intervention definitions can be found in Section 1.4.
Temporary Housing Interventions
Transitional Housing (TH)
Permanent Housing Interventions
Homelessness Prevention (HP)
Rapid Re-Housing (RRH)
Permanent Supportive Housing (PSH)
Services Only Interventions
Street Outreach
5.2 HEN Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing. Refer to Appendix E: Household
Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible HEN households must meet both housing status and income requirements as detailed in the
following sections.
Housing Status Income
Homeless
OR
At Risk of Homelessness
AND
HEN Referral7
5.3 HEN Housing Status Eligibility
Homeless
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
7 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General Assistance
Pregnancy (Pregnant Women Assistance recipient) from the Washington State Department of Social and Health Services (DSHS) as documented in
the Benefits Verification System (BVS).
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Unsheltered Homeless:
Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household’s
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
Sheltered Homeless:
Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
At Risk of Homelessness
Households are at risk of homelessness if they meet one of the following conditions:
Have a missed rent payment and currently owe all or part of a rent payment (current month or
past months); OR
Has moved because of economic reasons 2 or more times during the 60 days immediately
preceding the application for assistance; OR
Is living in the home of another because of economic hardship; OR
Has been notified that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistance; OR
Lives in a hotel/motel and the cost is not paid for by charitable organizations or by Federal,
State, or local government programs for low-income individuals; OR
Lives in an SRO or efficiency apartment unit in which there reside more than 2 persons or lives
in a larger housing unit in which there reside more than one and a half persons per room; OR
Is exiting a publicly funded institution or system of care.
5.4 HEN Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Targeted Prevention
Homelessness prevention programs must prioritize households most likely to become homeless, and
must use either the CHG Targeted Prevention Eligibility Screening Form or other tool approved by
Commerce. This form must be kept in the client file.
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If modifying the CHG Targeted Prevention Eligibility Screening Form or using another tool, the risk
factors must be evidence informed. Submit the screening tool to your Commerce grant manager for
approval.
5.5 HEN Referral
Documentation of HEN Referral8
In place of income verification, lead/subgrantees must verify and document the household’s HEN
Referral from the Washington State Department of Social and Health Services (DSHS) as documented in
the Benefits Verification System (BVS) prior to program entry.
The CHG Verification of Household Eligibility and Income Recertification Form and HEN Referral
documentation must be kept in the client file.
For Pregnant Women Assistance (PWA) recipients with a HEN Referral, BVS will only display active PWA
households. If a household is no longer on the program (e.g. birth of baby), BVS will no longer display
an active status. Contact your Commerce CHG grant manager to help determine PWA status. The
referral to HEN remains valid for 24 consecutive months.
5.6 HEN Eligibility Recertification
Lead/subgrantees must document recertification of the household’s HEN Referral from DSHS as
documented in the BVS at least every three months. Both the HEN Referral and updated CHG
Verification of Household Eligibility and Income Recertification Form must be kept in the client file.
Recertification is not required for HEN households who are a PWA recipient up to 24 months.
HEN Ineligible at Recertification
If households do not have a HEN Referral at recertification and are determined ineligible for HEN, HEN
funding cannot be used to support that household any further. Consider using other CHG funding such
as CHG Standard or Eviction Prevention to support the household transition to self-sufficiency. If other
CHG funding is used for an ineligible household they may remain in the program for an additional three
months and case management may continue for an additional six months.
8 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General Assistance
Pregnancy (Pregnant Women Assistance recipient) from DSHS as documented in BVS.
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6.1 Rent
Monthly rent and any combination of first and last months’ rent. Rent may only be paid one
month at a time, although rental arrears, pro-rated rent, and last month’s rent may be included
with the first month’s payment. Monthly rent is not time-limited.
Rental arrears and associated late fees. Rental arrears may be paid if the payment enables the
household to obtain or maintain permanent housing. Arrears is not time-limited.
Rental arrears is any missed rent payment currently owed (full or partial), including the
current month or past months.
Rental arrears for HEN households can be paid for a time period when the household
was not HEN enrolled.
Lot rent for RV or manufactured home.
Costs of parking spaces when connected to a unit.
Incentives paid to landlords, including reimbursement for damages.
Security deposits for households moving into new units.
Hotel/Motel expenses for households if no suitable shelter bed is available during housing
search or when a hotel/motel unit is used as permanent housing.
Utilities which are included in rent.
Landlord administrative fees required with rent.
Utility payments for households also receiving rental assistance.
Utility arrears may be paid if the payment enables the household to obtain or maintain
permanent housing. Utility arrears are not time-limited.
Utility-only assistance (including arrears) can be provided when no other utility assistance, such
as LIHEAP, is available to prevent a shut-off, and documented using the Utility-Only Assistance
Form.
Utility deposits for a household moving into a new unit.
Application fees, background, credit check fees, and costs of urinalyses for drug testing of
household members if necessary/required for rental housing.
Other costs as approved by Commerce.
Special Circumstances
Master-lease: Security deposit and monthly rent is allowable when an organization master-
leases a unit, and then sub-leases the property to eligible households in the context of a Rapid
Re-Housing or Permanent Supportive Housing program.
Temporary absence: If a household must be temporarily away from the unit, but is expected to
return (such as temporary incarceration, hospitalization, or residential treatment),
lead/subgrantees may pay for the household’s rent for up to 60 days and charge the grant for
eligible costs. While a household is temporarily absent, he or she may continue to receive case
management. Any temporary absence must be documented in the client file.
Subsidized housing: rent/utility assistance may be used for move-in costs (security deposits,
first and last month’s rent) for subsidized housing (where household’s rent is adjusted based on
6 Allowable Expenses
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income), including project- or tenant-based housing.9 Rental arrears or utility arrears assistance
may be used for subsidized housing.
Ineligible Expenses
Ongoing rent/utilities for subsidized housing
Rent and rent/utility assistance in combination with facility support
Cable deposits or services
Mortgage assistance and utility assistance for homeowners
6.2 Facility Support
Lease or rent payment on a building used to provide temporary housing or permanent
supportive housing
Hotel/Motel expenses to provide temporary housing
Move-in costs (security deposits, first and last month’s rent) for permanent housing
Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal)
Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or
staff maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff)
Security and janitorial (salaries and benefits associated with providing security, janitorial
services)
Essential facility equipment and supplies (e.g. common-use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, pet food and crates, etc.)
Expendable transportation costs directly related to the transportation of eligible households
(bus tokens and fuel for a shelter van)
On-site and off-site management costs related to the building
Facility specific insurance (mortgage insurance is not allowable) and accounting
Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing
Other expenses as approved by Commerce
Special Circumstances
Master-lease: Facility costs are allowable when an organization master-leases a building and
then sub-leases the property to eligible households in the context of a Transitional Housing or
Permanent Housing program.
Ineligible Expenses
Replacement or operating reserves
Debt service
Construction or rehabilitation of shelter facilities
Facility support in combination with rent and rent/utility assistance
Mortgage payment for the facility
HEN Facility Support
Lease payments and other facility costs are allowable with HEN funding for transitional housing
9 In this context tax credit units are not considered subsidized housing.
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(section 1.4.1.2) and permanent housing (section 1.4.2). Emergency shelter is not allowable.
HEN facility support must be proportionally billed according to an estimate of the number of HEN
households expected to occupy the facility.
Maintenance Activities vs. Building Rehabilitation
Building maintenance is an allowable facility support expenses.
Maintenance activities include cleaning activities; protective or preventative measures to keep a
building, its systems, and its grounds in working order; and replacement of existing appliances or
objects that are not fixtures or part of the building. Maintenance activities should fix, but not make
improvements that would add value to the building.
Maintenance activities do not include the repair or replacement of fixtures or parts of the building. A
fixture is an object that is physically attached to the building and cannot be removed without damage
to the building. Fixtures also include, but are not limited to, kitchen cabinets, built in shelves, toilets,
light fixtures, staircases, crown molding, sinks and bathtubs. Maintenance activities do not include the
installment or replacement of systems designed for occupant comfort and safety such as HVAC, electrical
or mechanical systems, sanitation, fire suppression, and plumbing.
Building rehabilitation and capital improvements are not allowable facility support expenses.
These typically include those items that are done building-wide or affect a large portion of the property
such as roof replacement, exterior/interior common area painting, major repairs of building
components, etc. See Appendix F: Examples of Maintenance Activities.
6.3 Operations
Operations expenses are directly attributable to a particular program or to the homeless crisis
response system.
Salaries and benefits for staff costs directly attributable to the program or to the homeless
system, including but not limited to program staff, information technology (IT) staff, human
resources (HR) staff, bookkeeping staff, and accounting staff.
Office space, utilities, supplies, phone, internet, and training related to grant management
and/or service delivery/conferences/travel and per diem.
Equipment up to $5,000 per grant period unless approved in advance by Commerce.
Homeless Crisis Response System Expenses
Point-in-Time counts
Annual report/housing inventory
Local homeless plans
Coordinated entry planning, implementation and operations
State data warehouse and Homeless Management Information System
Interested landlord list and landlord outreach activities
Participation in local Continuum of Care
Program Expenses
Intake and assessment, including time spent assessing a household, whether or not the
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household is determined eligible
Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives)
Outreach services
Optional support services for individuals in permanent supportive housing, including case
management and connections to resources
Data collection and entry
General liability insurance and automobile insurance
Other costs as approved in advance by Commerce
Flexible Funding
Flexible Funding is the provision of goods, payments of expenses, or purchase of merchant gift cards or
vouchers not included in other allowable expense categories, which helps a household increase
housing stability or meet essential household needs.
Essential household needs includes personal health and hygiene items, cleaning supplies,
transportation passes and other personal need items. Essential household need items are available to
all eligible households. Verification of housing status is not required for households with a HEN
Referral. Essential needs distribution does not need to be documented in housing stability plans.
Households accessing emergency shelter with pets that require essential veterinary services to enter,
such as visits for core vaccinations (i.e. rabies, distemper, parvovirus), flea treatment, and sterilization
(spay or neuter), can be paid for on behalf of the household.
All eligible households are eligible for Flexible Funding. Households receiving only Flexible Funding and
not ongoing assistance are exempt from income eligibility requirements. Verification of housing status
is required. Flexible Funding payments must be paid directly to a third party on behalf of the household
and noted in a household’s housing stability plan.
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6.4 Administration
CHG Standard Administration - up to 15 percent of the CHG Standard and PSH CHF contracted budget
may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
Eviction Prevention Administration - up to 15 percent of the total grant for for the lead grantee and up
to 15 percent of each subgrantee grant total.
Allowable administrative costs benefit the organization as a whole and cannot be attributed specifically
to a particular program or to the homeless crisis response system. Administrative costs may include
the same types of expenses that are listed in program operations (such as IT staff and office supplies),
in the case that these costs are benefiting the agency as a whole and are not attributed to a particular
program or the homeless system. Administrative costs may include, but are not limited to, the
following:
Executive director salary and benefits
General organization insurance
Organization wide audits
Board expenses
Organization-wide membership fees and dues
Washington State Quality Award (WSQA) expenses
General agency facilities costs (including those associated with executive positions) such as
rent, depreciation expenses, and operations and maintenance
All amounts billed to administration must be supported by actual costs. If actual costs in the contract
period meet the budget cap, that amount may be charged in equal monthly amounts.
Billed directly such as IT services that are billed by the hour.
Shared costs that are allocated directly by means of a cost allocation plan.
Costs related to executive personnel such that a direct relationship between the cost and the
benefit cannot be established must be charged indirectly by use of an indirect cost rate which
has been appropriately negotiated with an approved cognizant agency or by use of the 10
percent de minimus rate.
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7.1 Service Delivery
Commerce promotes evidence-based service delivery models that efficiently move people
experiencing homelessness into permanent destinations.
Access to Homeless Housing Assistance
Coordinated entry intake must not require identification, social security cards, birth certificates, or
other documentation not required by funders. Households experiencing homelessness should be
provided temporary housing if available while documentation is being obtained. Flexible Funding can
be used to assist homeless households in obtaining required documentation to access housing.
Programs should limit eligibility criteria to those required by funders and/or facility structure (for
example, funding for veterans or unit size suitable for families with children).
Commerce may not support adding additional eligibility requirements to projects funded with CHG
unless CHG funds are used in conjunction/braided with other funds for a program that has that
requirement. If you are considering adding new additional requirements you must first check with
Commerce for review and approval.
Voluntary Services
Programs must not terminate or deny services to households based on refusal to participate in
supportive services. Supportive services are helping or educational resources that include support
groups, mental health services, alcohol and substance abuse services, life skills or independent living
skills services, vocational services and social activities.
Supportive services do not include housing stability planning or case management.
PSH CFH eligible households must be offered a referral to Foundational Community Supports (FCS). A
FCS provider directory can be found here. Households are not required to participate in FSC services.
Progressive Engagement
Lead/subgrantees must employ a progressive engagement (PE) service model. Progressive Engagement
includes the following components:
Whenever possible, households experiencing a housing crisis should be diverted from entering
homeless housing programs through problem-solving conversations, linkages to mainstream
and natural supports, and/or flexible, and light-touch financial assistance.
Initial assessment and services address the immediate housing crisis with the minimal services
needed.
Frequent re-assessment determines the need for additional services.
Services are individualized and responsive to the needs of each household.
Households exit to permanent housing as soon as possible.
Having already received assistance does not negatively impact a household’s eligibility if they
face homelessness again.
Income eligibility recertification (every 3 months) can be included in case management and an
assessment that determines the need for additional services, but shouldn’t be considered the only
approach to a PE service model.
7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service
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Assessment and Housing Stability Planning
A problem-solving diversion conversation should occur prior to a full, standardized assessment.
Lead/subgrantees must assess each household’s housing needs and facilitate planning with the goal of
obtaining or maintaining housing stability. Housing stability planning must be housing-focused and
client-driven.
Assessments and housing stability planning must be documented.
Assessments and housing stability planning are not required for Drop-in Shelters.
Choice of Housing and Portability
Households have the right to housing choice and can reject housing and service options without
retribution or limiting their access to other forms of assistance.
Grantees cannot terminate assistance if a household chooses to relocate to a jurisdiction outside the
grantee's service area. Grantees should work with the household to maintain meaningful case
management (e.g. phone, home visits, video calls) and continue rental assistance until the household is
no longer eligible or declines participation.
7.2 HMIS
Lead/subgrantees providing direct service must enter client data into the Homeless Management
Information System (HMIS) for all temporary and permanent housing interventions regardless of
funding source in accordance with the most current HMIS Data Standards.
Additionally, if the lead grantee is a county/city government, all Emergency Shelter, Transitional
Housing, Safe Haven, Homelessness Prevention or any Permanent Housing10 type programs funded
with local document recording fees must enter client data in HMIS.
For assistance with a HMIS related question or issue, submit a ticket through Commerce’s HMIS
Helpdesk Form. Please visit the Commerce HMIS website for forms, information on training, past
newsletters and additional HMIS related resources.
Data Quality
Projects are required to provide quality data to the best of their ability. Maintaining good data quality
is important for effective program evaluation. Data quality has four elements: completeness,
timeliness, accuracy, and consistency.
Completeness
Completeness of data is measured by the percentage of incomplete fields in required data elements.
Agencies are expected to collect first name, last name, date of birth, race, and ethnicity from clients
that give consent on the HMIS consent form. Agencies will never require a client to provide this
information even if they have consented, but should gather it to the best of their ability.
All clients, consenting and non-consenting, must have complete prior living situation and exit
destination data.
10 PH – Permanent Supportive Housing, PH – Housing Only, PH – Housing with Services, PH – Rapid Re-Housing
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Examples of incomplete entries:
*Only measured for consenting clients.
Expected completeness measures for project types:
Expected Completeness Measures
Data Element Emergency
Shelter
Night-by-
Night/Drop-in
Emergency Shelter
All other Housing
Project Types
Street
Outreach
Name* 85% 80% 95% 90%
Date of Birth* 85% 80% 95% 90%
Race* 85% 80% 95% 90%
Ethnicity* 85% 80% 95% 90%
Prior Living Situation 85% 80% 100% 85%
Destination 80% 50% 95% 50%
*Only measured for consenting clients.
Timeliness
Client data should be entered into HMIS as close to the date of collection as possible. Entering data as
soon as possible supports data quality by avoiding backlogs of pending data and allowing near real
time analysis and reporting.
Projects must enter/update project client/household data in HMIS within 14 calendar days following
the date of project enrollment/exit.
Counties not using the State HMIS (data integration counties), must work with the HMIS Manager to
provide full CSV exports every three months/quarterly. When Commerce is able to accept monthly
imports, Counties must upload data to the State’s HMIS using XML or CSV schema compliant with
current HUD HMIS Data Standards. Uploads must occur no later than the 30th calendar day following
the end of each month. Counties not able to export and upload data to the State HMIS using an
approved format must use the State HMIS for direct data entry.
Accuracy
Data entered into HMIS must reflect the real situation of the client/household as closely as possible.
Accurate data is necessary to ensure any project reporting fairly represents the work of the project and
each client’s story.
Incomplete Entries
Data Element Incomplete if…
Name* [Quality of Name] field contains Partial, Street name, or Code name, Client doesn’t know,
Client refused or Data not collected; or [First Name] or [Last Name] is missing.
Date of Birth* [Quality of DOB] field contains Approximate, Partial DOB reported, Client doesn't know,
Client refused or Data not collected; or [Date of Birth] is missing.
Race* [Race] field contains Client doesn't know, Client refused, Data not collected, or is missing.
Ethnicity* [Ethnicity] field contains Client doesn't know, Client refused, Data not collected, or is missing.
Prior Living Situation [Prior Living Situation] is Client doesn't know, Client refused, Data not collected, or is missing.
Destination [Destination] is Client doesn't know, Client refused, No exit interview completed, Data not
collected, or is missing.
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Examples of data accuracy:
Elements of Data Accuracy
Date of Birth and
Project Start Date
Ensure the two are not the same dates.
Prior Living
Situation data
elements
Ensure responses for Prior living situation, Length of stay in prior living situation,
Approximate date homelessness started, Number of times the client has experienced
homelessness in the last 3 years, and Number of months experiencing homelessness in
the last 3 years do not conflict with each other.
Disabling Condition Ensure the Yes/No answer does not conflict with the specific types of disabling
conditions.
Health Insurance Ensure the Yes/No answer does not conflict with the specific types of health insurance.
Monthly Income Ensure the Yes/No answer does not conflict with the specific sources of monthly
income.
Non-Cash Benefits Ensure the Yes/No answer does not conflict with the specific sources of non-cash
benefits.
Relationship to
Head of Household
Ensure there is only one Head of Household for any given household (including clients
served individually) and that this element is entered and accurate for all household
members.
Veteran Status Ensure individuals under 18 years of age are not identified as veterans.
Project Population
Specifics
Ensure that projects only serving individuals only enroll individuals and not multi-
person households.
Ensure that projects only serving families with children only enroll families with
children.
Ensure that projects only serving clients of a specific age range only enroll clients of
that age range.
Consistency
Consistent data helps ensure that any reporting generated by a project is understood. Data consistency
is important for effectively communicating the processes and outcomes of a project.
All data will be collected, entered, and stored in accordance with the Agency Partner Agreement.
All data elements and responses will be entered per the HUD Data Standards Manual. To avoid
inconsistency, agencies should use language on intake forms that closely matches the elements and
responses in HMIS.
Clients who refuse consent must be made anonymous per Department of Commerce Guidance and the
consent refused client entry guide.
Consent for Entry of Personally Identifying Information
Identified Records
Personally identifying information (PII)11 must not be entered into HMIS unless all adult
household members have provided informed consent.
Informed consent must be documented with a signed copy of the Client Release of Information
and Informed Consent Form in the client file. If electronic consent has been received, a copy
does not need to be printed for the client file but must be available in HMIS. If telephonic
11 PII includes name, social security number, birthdate, address, phone number, email, and photo.
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consent has been received, complete the consent form the first time the household is seen in
person. See Appendix G: Agency Partner HMIS Agreement.
Anonymous Records
The following types of records must be entered anonymously:
Households in which one adult member does not provide informed consent for themselves or
their dependents
Households entering a domestic violence program or currently fleeing or in danger from a
domestic violence, dating violence, sexual assault, human trafficking or a stalking situation
Minors under the age of 13 with no parent or guardian available to consent to the minor’s
information in HMIS
Households in programs which are required by funders to report HIV/AIDS status
Special Circumstances
If the reporting of the HIV/AIDS status of clients is not specifically required, the HIV/AIDS status must
not be entered in HMIS.
If a combination of race, ethnicity, gender, or other demographic data could be identifying in your
community, those data should not be entered for anonymous records.
HMIS Data Suppression Policy
Data Suppresssion
Data suppression refers to various methods or restrictions that are applied to datasets, reports or
visualizations in order to protect the identities, privacy and personal information of individuals.
In Washington State, RCW 43.185C.180 and RCW 43.185C.040 specify that all personal information in
the HMIS is confidential and that the identity and right of privacy of these individuals must be
protected.
Personal Identifiable Information (PII) is a separate topic and must never be disclosed to any entity
that does not have HMIS access or is not part of your data sharing agreement.
When Data Suppression Is Required
It is the policy of the HMIS program to suppress data when the data contains demographic detail, the
numbers are small enough to potentially identify a person, and:
Will be in a public space or presentation, or
Will be shared with an entity that is not covered in the HMIS Consent Form.
In these cases, any non-zero counts that are under 11 will be suppressed.
Additional suppression will be needed when the suppressed value can be derived from other reported
values. For example, when you can calculate the suppressed value by subtracting other values from
the grand total.
The exceptions to data suppression are zero values or values that fall under an “unknown” category
type. Both of these circumstances do not contribute any valuable information that could identify a
person or reveal confidential data and thus, is not subject to suppression.
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Learn more about how to apply data suppression and which data sharing entites are required to meet
this policy in the HMIS Data Suppression Policy document.
7.3 Habitability
For Rent Assistance
Documented habitability is required for all housing units into which households will be moving, except
when a household moves in with friends or family or into a hotel/motel unit. Housing units must be
documented as habitable prior to paying the rent subsidy. Documentation must be kept in the client
file.
Habitability can be documented by the Landlord Habitability Standards Certification Form or
inspection. Both methods are valid for the length of time the household is a tenant in the housing unit.
If the housing unit is provided to a different household within 12 months of documented habitability,
an additional certification/inspection is not required.
Allowable Methods for Unit Habitability Determination
The CHG Landlord Habitability Standards Certification Form references the state Landlord Tenant Act
(RCW 59.18.060) and requires the landlord (as defined in RCW 59.18.030) to certify that the unit meets
the safety and habitability standards detailed in the law. The landlord’s failure to comply with the law
may result in termination of the rent subsidy.
OR
Inspections: in lieu of (or in addition to) the above landlord certification, lead/subgrantees may choose
to inspect all housing units. Lead/subgrantees may use the Commerce Housing Habitability Standards
(HHS) Form or the HUD Housing Quality Standards (HQS) Inspection Form.
Documentation of habitability certification or inspection must be kept in the client file.
Habitability Complaint Procedure
Each household must be informed in writing of the habitability complaint process and assured that
complaints regarding their housing unit’s safety and habitability will not affect the household’s
eligibility for assistance.
Lead/subgrantee must have a written procedure describing the response to complaints regarding unit
safety and habitability. The procedure must include:
Mandatory inspection when a complaint is reported using the HHS Form, HQS Inspection Form,
or documenting the specific complaint in an alternate format that includes follow-up and
resolution.
For Facilities
All facilities must conduct and document an inspection at least once a year using the HHS Form or HQS
Inspection Form.
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7.4 Lead Based Paint Assessment
To prevent lead poisoning in young children, lead/subgrantees must comply with the Lead‐Based Paint
Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35, Parts A, B, M, and
R.
A visual assessment must be conducted on an annual basis thereafter (as long as assistance is
provided.) Visual assessments must be conducted by a HUD‐Certified Visual Assessor and must be
documented on the HQS Inspection Form or HHS Form and maintained in the client file.
For a guide to compliance see Appendix H: Lead-Based Paint Visual Assessment Requirements.
For Rent Assistance
A lead‐based paint visual assessment must be completed prior to providing rapid re-housing or
homelessness prevention rent assistance if a child under the age of six or pregnant woman resides in a
unit constructed prior to 1978.
For Facilities
All facilities that may serve a child under the age of six or a pregnant woman constructed prior to 1978
must conduct an annual lead‐based paint visual assessment which is documented on the HQS
Inspection Form or HHS Form, and readily accessible for review.
Exceptions to the Lead-Based Paint Visual Assessment Requirement
Visual assessments are not required under the following circumstances:
Zero‐bedroom or SRO‐sized units;
X‐ray or laboratory testing of all painted surfaces by certified personnel has been conducted in
accordance with HUD regulations and the unit is officially certified to not contain lead‐based
paint;
The property has had all lead‐based paint identified and removed in accordance with HUD
regulations;
The unit has already undergone a visual assessment within the past 12 months –obtained
documentation that a visual assessment has been conducted; or
It meets any of the other exemptions described in 24 CFR Part 35.115(a).
If any of the circumstances outlined above are met, lead/subgrantees must include the information in
the client file.
7.5 Additional Requirements
Fraud and Other Loss Reporting
Lead/subgrantees must inform Commerce in writing of all known or suspected fraud or other loss of
any funds or other property furnished under this grant. Reasonable attempts must be made to prevent
fraud and ineligible use of funds.
Personal Identifying Information
Personal identifying information must never be sent electronically unless sent via a secure file transfer.
Request a secure file transfer login credentials from Commerce.
Grievance Procedure
Lead/subgrantees must have a written grievance procedure for households seeking or receiving
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services which includes the household’s right to review decisions and present concerns to program
staff not involved in the grievance.
This procedure must:
Clearly describe how households can request a review or report concerns
Be accessible to all households seeking or receiving services
Termination and Denial of Service Policy
Lead/subgrantees must have a termination and denial policy.
This policy must:
Describe the reasons a household would be denied services and/or terminated from program
participation
Describe the notification process
Ensure households are made aware of the grievance procedure
Records Maintenance and Destruction
Lead/subgrantees must maintain records relating to this grant for a period of six years following the
date of final payment. See General Terms and Conditions, Section 26 RECORDS MAINTENANCE.
Paper records derived from HMIS which contain personally identifying information must be destroyed
within seven years after the last day the household received services from the lead/subgrantee.
Client File Check List
Lead/subgrantee must use the CHG Client File Checklist to record the contents of each client file.
Programs may create their own checklist but the components of the CHG Client File Checklist must be
included.
Consent to Review Information in the Benefits Verification System
All household members must provide informed consent for lead/subgrantees to review confidential
information in the Benefits Verification System (BVS) on the form DSHS 14-012(x)(REV 02/2003). See
Appendix I: Access to the DSHS Benefits Verification System Data Security Requirements for more
information. This form must be kept in the client file.
Prohibitions
Lead/subgrantee may not require households to participate in a religious service as a condition
of receiving program assistance.
Lead/subgrantees may not deny emergency shelter to households that are unable to pay fees
for emergency shelter.
If a program serves households with children, the age of a minor child cannot be used as a basis
for denying any household’s admission to the program.
Nondiscrimination
Lead/subgrantees must comply with all federal, state and local nondiscrimination laws, regulations and
policies, including the Washington State Law against Discrimination, RCW 49.60, as it now reads or as it
may be amended. RCW 49.60 currently prohibits discrimination or unfair practices because of race,
creed, color, national origin, families with children, sex, marital status, sexual orientation, age,
honorably discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained guide dog or service animal by a person with a disability.
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Lead/subgrantees must comply with the Federal Fair Housing Act and it’s amendments as it now reads
or as it may be amended. The Fair Housing Act currently prohibits discrimination because of race,
color, national origin, religion, sex, disability or family status. The Fair Housing Act prohibits enforcing a
neutral rule or policy that has a disproportionately adverse effect on a protected class.
Local nondiscrimination laws may include additional protected classes.
Lead/subgrantees serving households with children must serve all family compositions. If a program
operates gender-segregated facilities, the program must allow the use of facilities consistent with the
client’s gender expression or identity.
All emergency shelter facilities must meet the Americans with Disabilities Act standards.
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8.1 Washington Residential Landlord-Tenant Act
Lead/subgrantees must provide information on the Washington Residential Landlord Tenant Act (RCW
59.18) to households receiving rent assistance.
For more information on this law, visit Washington Law Help, housing page, tenant rights at
www.washingtonlawhelp.com.
8.2 Rental Agreements
Client files must contain one of the following types of agreements if rent assistance is paid on their
behalf: Intent to Rent, Lease, or Certification of Payment Obligation.
If the rent assistance paid is move-in costs (security deposits, first and last month’s rent) only, an Intent
to Rent form is allowable. If the rent assistance will exceed move-in costs to include on-going rent, a
lease or Certification of Payment Obligation is required.
Intent to Rent
At a minimum, an Intent to Rent form must contain the following:
Name of tenant
Name of landlord
Address of rental property
Rent rate
Signature of landlord/date
Lease
At a minimum, the lease or rental agreement between the lead/subgrantee and the landlord OR the
household and the landlord must contain the following:
Name of tenant
Name of landlord
Address of rental property
Occupancy (who gets to live at the rental)
Term of agreement (lease start and end date)
Rent rate and date due
Deposits (if any and what for/term)
Signature of tenant/date
Signature of landlord/date
Certification of Payment Obligation
A CHG Certification of Payment Obligation is required for rent subsidies paid to a friend or family
member who is not in the business of property management. This form must be kept in the client file.
8.3 Dispute Resolution Center Partnerships
Lead/subgrantees must coordinate with their local Dispute Resolution Centers (DRC) if one exists
within the service area. DRCs can be an essential pathway to collaborate and negotiate for mutual
8 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance
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gain to prevent evictions and maintain positive landlord relationships.
There are many ways to partner with a DRC. The following list is not comprehensive and
grantees should work towards a partnership that makes sense for their community.
Embed a release of information in your intake process to be able to communicate
with DRC staff.
Train DRC staff on Eviction Prevention program eligibility.
Receive Eviction Prevention referrals from the DRC.
Engage with DRC staff to help resolve communication challenges between landlords
and households.
Invite DRC staff to participate in rent assistance provider meetings.
Partner households with DRC staff to help establish repayment plans when appropriate.
8.4 Payment Standards to Determine Rent Limit
Lead/subgrantees must choose either the HUD Fair Market Rent or the Rent Reasonableness payment
standard to be used for all units receiving a rent subsidy, including arrears, and must be completed
before the rent subsidy is paid.
Payment Standards Options
HUD’s Fair Market Rent
Fair Market Rent (FMR) sets rent limits on the subsidy provided to the household. FMR is established
by HUD (http://www.huduser.org/portal/datasets/fmr.html) and is updated each federal fiscal year
(October 1). For this grant, rent calculations do not need to include the cost of utilities.
If a hotel/motel room is being used as permanent housing, compare it to a studio/efficiency unless the
room is a suite with separate bedrooms.
Lead/subgrantees must set a rent limit policy for their service area using a percentage of FMR that
does not exceed 150 percent FMR. The rent limit is the maximum rent that can be paid for a unit of a
given size.
OR
Rent Reasonableness
Rent reasonableness means the total rent charged for a unit must be reasonable in relation to the
rents being charged during the same time period for comparable units in the private unassisted market
and must not be in excess of rents being charged by the owner during the same time period for
comparable non-luxury unassisted units.
To make this determination, the grantee should consider (a) the location, quality, size, type, and age of
the unit; and (b) any amenities, housing services, maintenance and utilities to be provided by the
owner. Comparable rents can be checked by using a market study, by reviewing comparable units
advertised for rent, or with a note from the property owner verifying the comparability of charged
rents to other units owned (for example, the landlord would document the rents paid in other units).
For more information, see HUD’s guide at https://files.hudexchange.info/resources/documents/CoC-
Rent-Reasonableness-and-FMR.pdf.
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The rental assistance paid cannot exceed the actual rental cost.
Lead/Subgrantees must establish rent reasonableness policies and procedures for documenting
comparable rents. Policies and procedures must include:
A methodology for documenting comparable rents
Standards for certifying comparable rents as reasonable
Documentation of rent reasonableness must be kept in the client file. HUD’s Rent Reasonableness
Form or comparable form must be used, see HUD's worksheet on rent reasonableness at
https://www.hudexchange.info/resource/2098/home-rent-reasonableness-checklist-and-
certification/.
Rent Limit Exceptions
The FMR rent limit policy or rent reasonableness policies and procedures may also include a
description of how exceptions are made when circumstances require a rent amount that exceeds the
limit.
8.5 Determining Rent Subsidy
Lead/subgrantees must have a standardized procedure for determining the amount of rent subsidy for
each household. The procedure should include a consideration of the household’s resources and
expenses. Although each household may receive a different amount of rent subsidy, the procedure for
determining the subsidy must be standardized.
Client files must include documentation of the subsidy amount and the determination process. Rent
subsidy should be adjusted when there is a change in household circumstance, income, or need.
HEN households cannot be required to pay any of their ABD cash benefit or other earned income
reported to DSHS towards their rent.
Households receving TANF cannot be required to pay any of their TANF benefit towards their rent.
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Washington State’s Landlord Mitigation Law (RCW 43.31.605) became effective on June 7, 2018 to
provide landlords with an incentive and added security to work with tenants receiving rental
assistance. The program offers up to $1,000 to the landlord in reimbursement for some potentially
required move-in upgrades, up to fourteen days’ rent loss and up to $5,000 in qualifying damages
caused by a tenant during tenancy. A move in/move out condition report is required for a landlord to
receive reimbursement.
For more information, please visit the Commerce Landlord Mitigation Program website.
9 Washington State’s Landlord Mitigation Law
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10.1 Appendix A: Required and Recommended Forms
The following forms are required, if applicable. Forms may be modified if all of the content is included.
All forms are posted on the Commerce CHG website.
Consolidated Homeless Grant Verification of Household Eligibility and Income Recertification
(sections 3.4;3.6;3.7;3.8.1;4.4;4.6;4.7;5.4;5.5.1;5.6)
Consolidated Homeless Grant Income Eligibility Worksheet (section 3.6 and 4.6)
Consolidated Homeless Grant Utility-Only Assistance form (section Error! Reference source not
found.)
Client Release of Information and Informed Consent Form (section7.2.2.1)
Consolidated Homeless Grant Landlord Habitability Standards Certification Form OR Commerce
Housing Habitability Standards (HHS) Form OR HUD Housing Quality Standards (HQS) Inspection
Form– including Lead-based Paint Visual Assessment (section 7.3)
Consolidated Homeless Grant Client File Checklist (section 7.5.6)
DSHS 14-012(x)(REV 02/2003) for BVS (section 7.5.7)
Consolidated Homeless Grant Certification of Payment Obligation (section 8.2.3)
Consolidated Homeless Grant Targeted Prevention Eligibility Screening Form (section 4.4.1 and
5.4.1) or other tool approved by Commerce
Rent Reasonableness Form (section 8.4.1)
The following form is recommended.
Move in/move out condition report (section 9)
10 Appendices
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10.2 Appendix B: Required Policies and Procedures
Coordinated Entry Policies (section 2.1.3)
Habitability Complaint Procedure (section 7.3.1.2)
Grievance Procedure (section 7.5.3)
Termination and Denial of Service Policy (section 7.5.4)
Rent Limit Policy or Rent Reasonableness Policies and Procedures (section 8.4)
Determining Rent Subsidy Procedure (section 8.5)
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10.3 Appendix C: Client File Documentation
The following chart summarizes the documentation required in each client file, depending on the type of service provided. Other documentation
may be required based on individual circumstances. CHG Required Forms are found on the Commerce CHG website.
Documentation Drop-in Shelter Continuous Stay
Shelter Transitional Housing Rapid Re-housing
Rent Assistance
Permanent
Supportive Housing
Homelessness
Prevention Rent
Assistance
Client File Checklist
HMIS Client Release of Information and Informed Consent
Form (unless DV OR client refuses consent)
DSHS 14-012(x)(REV 02/2003) for BVS, if applicable
CHG Verification of HH Eligibility and Income Recertification
Form (with associated documentation) If staying longer
than 90 days
CHG Income Eligibility Worksheet (or equivalent, where
applicable) If staying longer
than 90 days CHG Standard only
CHG Standard and
Eviction Prevention
only
Targeted Prevention Eligibility Screening Form
Rent Reasonableness Form, if applicable
Landlord Habitability Certification OR HHS or HQS as applicable
Lead-based Paint Assessment, if applicable
Utility-Only Assistance Form, if applicable
Lease OR Certification of Payment Obligation
Intent to Rent, if applicable
Household Rent subsidy amount / Rent determination
process
Assessment and Housing Stability Planning
Temporary Absence, if applicable
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10.4 Appendix D: Homeless System Performance Requirements
10.4.3 Housing Outcome Performance Requirements
For each intervention type funded by CHG, grantees must adopt the required housing outcome
performance measure outlined in Table A below.
Grantees must improve housing outcomes by making progress towards the statewide performance
target. The performance target is the level of desirable performance and is an indicator of a high
performing system.
Additionally, the housing outcomes of the exited households should be similar, regardless of race or
ethnicity.
Grantees making progress towards or meeting performance targets, meet the requirement to improve
in housing outcomes. If racial or ethnic disparities in housing outcomes are identified in the data,
Commerce will determine if the requirement has been met on a case by case basis.
Grantees that do not make progress towards performance targets will enter into a performance
improvement plan with Commerce which will include investigation into the potential causes and
technical assistance to address the identified barriers to progress.
NOTE ON HOMELESSNESS PREVENTION: The performance measure for Homelessness Prevention is in a
testing period and there is no available baseline data. This contract period will serve to test the
performance measure, gather baseline data and determine the performance target. This measure will
NOT be included in performance monitoring.
10.4.4 Data Sources
The Homeless Management Information System (HMIS) is the data source for calculating the baseline
and performance results.
Compliance is measured at the system intervention level. This means data from all applicable projects
are included, without regard to fund sources.
For example, to monitor compliance with ‘Increase Percent Exits to Permanent Housing from Rapid Re-
Housing’, all Rapid Re-Housing projects in a given community will be included in the calculation.
Data for the previous state fiscal year will serve as the baseline. Performance results can be found on
the CHG Performance Tracker which is updated quarterly:
https://public.tableau.com/app/profile/comhau/viz/CHGPerformanceTracker/CHGPerformanceTracker
Please see page 7 of the CHG Performance Tracker reporting specifications to learn about which
destinations are categorized as positive outcome destinations and permanent housing destinations.
10.4.5 Equitable Access
Chapter 214, Laws of 2021 (ESHB 1277), passed by the Washington State Legislature in April 2021
requires that Commerce develop performance measures that ensure that the race and ethnicity of
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households served are proportional to the numbers of people in need of services in each county.
The race and ethnicity of households entering the homeless system as measured using HMIS data will
be compared to the race and ethnicity of the homeless and unstably housed population as reported in
the Snapshot of Homelessness Report (tables 6 and 8).
The performance measure for Equitable Access is in a testing period and there is no available baseline
data. This contract period will serve to test the performance measure, gather baseline data and
determine the performance target. Commerce will facilitate activities to improve data literacy, identify
barriers to equitable access and identify strategies to improve equitable access. This measure will NOT
be included in compliance monitoring.
10.4.6 Subgrantee Agreements
Housing outcome performance requirements must be included in CHG subgrantee agreements for
applicable intervention types. Grantees may customize subgrantee performance requirements by
establishing agency specific benchmarks which take into account past performance, facility type, target
population and other variables.
Housing outcome performance requirements must be included in CHG subgrantee agreements for
applicable intervention types. Grantees may customize subgrantee performance requirements by
establishing agency specific benchmarks which take into account past performance, facility type, target
population and other variables.
Table A: Required Housing Outcome Performance Measures
Intervention Type
Performance Measure HMIS Calculation Performance
Target
Drop In Emergency Shelter12 Increase Exits to Positive Outcomes
Of people in ES who exited, those who
exited to Positive Outcome destinations
Target: 50%
Emergency Shelter (ES)13 Increase Exits to Permanent Housing
Of people in ES who exited, those who
exited to permanent housing destinations
Target: 50%
Transitional Housing (TH) Increase Exits to Permanent Housing
Of people in TH who exited, those who
exited to permanent housing destinations
Target: 80%
Rapid Re-Housing (RRH) Increase Exits to Permanent Housing
Of people in RRH who exited, those who
exited to permanent housing destinations
Target: 80%
Permanent Supportive Housing
(PSH) or any Permanent
Housing type (excluding RRH)
Increase Exits to or Retention of
Permanent Housing
Of people in PSH, those who remained in
PSH or exited to permanent housing
destinations
Target: 95%
TESTING:
Homelessness Prevention (HP)
TESTING:
Housing Retention after 1 month
Housing Retention after 6 months
TESTING:
Of the people in HP who exited to a
permanent housing destination, those who
did not enter the homeless system after exit
Not established
12 Drop In Emergency Shelters offer night-by-night living arrangements that allow households to enter and exit on an irregular or daily basis and often use a Night-By-Night tracking method
in HMIS.
13 Excludes Drop in Emergency Shelters
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10.5 Appendix E: Household Eligibility Requirements
14 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General Assistance Pregnancy (Pregnant Women
Assistance recipient) from DSHS as documented in BVS.
ELIGIBILTY REQUIREMENTS
HOUSING STATUS INCOME AT ENROLLMENT INCOME AT RECERTIFICATION
Flex Funding
Homeless
OR
Chronically homeless
OR
At risk of homelessness
At or below 80% AMI
OR
HEN Referral
OR
None if not receiving ongoing rent
assistance
None
Drop-in Shelter None None None
Continuous-stay Shelter None None At or below 80% AMI
Transitional Housing Homeless None At or below 80% AMI
Rapid Re-Housing (CHG
Standard) Homeless None At or below 80% AMI
Homelessness Prevention
(CHG Standard and Eviction
Prevention)
At risk of homelessness At or below 80% AMI At or below 80% AMI
HEN Rapid Re-Housing Homeless DSHS HEN Referral14 DSHS HEN Referral
HEN Homelessness
Prevention At risk of homelessness DSHS HEN Referral DSHS HEN Referral
Permanent Supportive
Housing (CHG Standard)
Homeless and a household member
with a permanent disability At or below 80% AMI None
Permanent Supportive
Housing for Chronically
Homeless Families (PSH
CHF)
Chronically homeless head of
household with a permanent
disability
At or below 80% AMI None
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10.6 Appendix F: Examples of Maintenance Activities
ALLOWABLE EXPENSES
Cleaning Activities Protective or Preventative
Measures to Keep a Building,
its Systems, and its Grounds
in Working Order
Replacing Existing Appliances or
Objects That Have Broken or
are Clearly Past Their Useful
Life, are not Fixtures or Part of
the Building (See above for
definition of “fixtures.”)
Cleaning gutters and
downspouts
Lawn and yard care
(mowing, raking,
weeding,
trimming/pruning
trees and shrubs)
Cleaning a portion of
interior or exterior of
building, including
graffiti removal
Washing windows
Litter pick up and trash
collection
Removing snow/ice
Unclogging sinks and
toilets
Fixing gutters
Mending cracked plaster
Patching roof
Caulking, weather
stripping, re-glazing.
Replacing a broken
window or screen
Reapplication of
protective coatings
Fixing plumbing leaks
Repainting previously
painted surface (including
limited scraping)*
Waterproofing (sealant)
Servicing and
maintenance of
mechanical systems
Replacing a carpet square
or patching carpet
Fixing alarm systems
Installing temporary
fencing
Replacing:
Kitchen appliances where
removal would not cause
any damage (for example
dishwashers, stoves,
refrigerators)
Light bulbs
Washing and drying
machines
Air filters
Furniture
* Non-destructive methods only (e.g., no sandblasting or high pressure spraying).
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10.7 Appendix G: Agency Partner HMIS Agreement
The Homeless Management Information System (“HMIS”) is a client management system that
maintains information regarding the characteristics and service needs of Clients for a variety of
reasons, including the provision of more effective and streamlined services to Clients and the
creation of information that communities can use to determine the use and effectiveness of
services.
Ultimately, when used correctly and faithfully by all involved parties, the HMIS is designed to
benefit multiple stakeholders, including provider agencies, persons who are homeless, funders
and the community, through improved knowledge about people who are homeless, their
services and service needs and a more effective and efficient service delivery system.
The Homeless Housing and Assistance Act of 2005 requires the Department of Commerce to
collect HMIS data in the form of a data warehouse. Each homeless service provider will submit
HMIS data to Commerce.
Lead grantees/ sub grantees and the Department of Commerce agree as follows:
General Understandings:
In this Agreement, the following terms will have the following meanings:
"Client" refers to a consumer of services;
"Partner Agency" refers generally to any Agency participating in HMIS.
“Agency staff” refers to both paid employees and volunteers.
“HMIS” refers to the HMIS system administered by Commerce.
“Enter(ing)” or “entry” refers to the entry of any Client information into HMIS.
“Shar(e)(ing),” or “Information Shar(e)(ing)” refers to the sharing of information which has been
entered in HMIS with another Partner Agency.
“The Balance of State Continuum of Care Steering Committee” or “Steering Committee” refers
to a Commerce advisory body that serves in a consultative and counseling capacity to
Commerce as the system administrator. The Steering Committee is comprised of
representatives from the State, the Balance of State Continuum of Care regions and at-large
members.
“Identified Information” refers to Client data that can be used to identify a specific Client. Also
referred to as “Confidential” data or information.
“De-identified Information” refers to data that has specific Client demographic information
removed, allowing use of the data without identifying a specific Client. Also referred to as
“non-identifying” information.
Agency understands that when it enters information into HMIS, such information will be
available to Commerce staff who may review the data to administer HMIS; to conduct analysis
in partnership with the Research and Data Analysis (RDA) division at the Department of Social
and Health Services (DSHS); and to prepare reports that may be submitted to others in de-
identified form without individual identifying Client information.
Agency understands that Agency will have the ability to indicate whether information Agency
entered into HMIS may be shared with and accessible to Partner Agencies in HMIS system.
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Agency is responsible for determining and designating in HMIS whether information may or
may not be shared using the Interagency Data Sharing Agreement available through Commerce.
Confidentiality:
Agency will not:
enter information into HMIS which it is not authorized to enter; and
will not designate information for sharing which Agency is not authorized to share, under any
relevant federal, state, or local confidentiality laws, regulations or other restrictions applicable
to Client information. By entering information into HMIS or designating it for sharing, Agency
represents that it has the authority to enter such information or designate it for sharing.
Agency represents that: (check applicable items)
it is; is not; a “covered entity” whose disclosures are restricted under HIPAA (45 CFR
160 and 164); More information about “covered entities” can be found here:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html
it is; is not; a program whose disclosures are restricted under Federal Drug and Alcohol
Confidentiality Regulations: 42 CFR Part 2;
If Agency is subject to HIPAA, (45 CFR 160 and 164) or 42 CFR Part 2, a fully executed Business
Associate or Business Associate/Qualified Service Organization Agreement must be attached to
this agreement before information may be entered. Sharing of information will not be
permitted otherwise.
If Agency is subject to any laws or requirements which restrict Agency’s ability to either enter or
authorize sharing of information, Agency will ensure that any entry it makes and all
designations for sharing fully comply with all applicable laws or other restrictions.
Agency shall comply with the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (VAWA) and Washington State RCW 43.185C.030. No Identified
Information may be entered into HMIS for Clients in licensed domestic violence programs or for
Clients fleeing domestic violence situations.
Agency shall not enter confidential information regarding HIV/AIDS status, in accordance with
RCW 70.02.220. If funding (i.e., HOPWA) requires HMIS use, those clients’ data shall be entered
without Identifying Information.
To the extent that information entered by Agency into HMIS is or becomes subject to additional
restrictions, Agency will immediately inform Commerce in writing of such restrictions.
Information Collection, Release and Sharing Consent:
Collection of Client Identified information: An agency shall collect client identified information
only when appropriate to the purposes for which the information is obtained or when required
by law. An Agency must collect client information by lawful and fair means and, where
appropriate, with the knowledge or consent of the individual.
Obtaining Client Consent: In obtaining Client consent, each adult Client in the household must
sign the HMIS Client Release of Information (or a Commerce-approved equivalent release
document) to indicate consent to enter Client identified information into HMIS. If minors are
present in the household, at least one adult in the household must consent minors by writing
their names on the HMIS Client Release of Information. If any adult member of a household
does not provide written consent, identifying information may not be entered into HMIS for
anyone in the household. Unaccompanied youth may not sign the consent form for
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themselves.
Do not enter personally identifying information into HMIS for clients who are in licensed
domestic violence agencies or currently fleeing or in danger from a domestic violence, dating
violence, sexual assault or stalking situation.
Do not enter HIV/AIDS status in HMIS. If funding (i.e, HOPWA) requires HMIS use, those clients’
data shall be entered without personally identifying information.
Telephonic consent from the individual may temporarily substitute for written consent
provided that written consent is obtained at the first time the individual is physically present at
Agency.
A Client may withdraw or revoke consent for Client identified information collection by signing
the HMIS Revocation of Consent. If a Client revokes their consent, Agency is responsible for
immediately contacting Commerce and making appropriate data modifications in HMIS to
ensure that Client's personally identified information will not be shared with other Partner
Agencies or visible to the Agency staff within the system.
This information is being gathered for the collection and maintenance of a research database
and data repository. The consent is in effect until the client revokes the consent in writing.
No Conditioning of Services: Agency will not condition any services upon or decline to provide
any services to a Client based upon a Client's refusal to allow entry of identified information
into HMIS.
Re-release Prohibited: Agency agrees not to release any Client identifying information received
from HMIS to any other person or organization without written informed Client consent, or as
required by law.
Client Inspection/Correction: Agency will allow a Client to inspect and obtain a copy of his/her
own personal information except for information compiled in reasonable anticipation of, or for
use in, a civil, criminal or administrative action or proceeding. Agency will also allow a Client to
correct information that is inaccurate. Corrections may be made by way of a new entry that is
in addition to but is not a replacement for an older entry.
Security: Agency will maintain security and confidentiality of HMIS information and is
responsible for the actions of its users and for their training and supervision. Among the steps
Agency will take to maintain security and confidentiality are:
Access: Agency will permit access to HMIS or information obtained from it only to authorized
Agency staff who need access to HMIS for legitimate business purposes (such as to provide
services to the Client, to conduct evaluation or research, to administer the program, or to
comply with regulatory requirements). Agency will limit the access of such staff to only those
records that are immediately relevant to their work assignments.
User Policy: Prior to permitting any user to access HMIS, Agency will require the user to sign a
User Policy, Responsibility Statement & Code of Ethics (“User Policy”), which is found on the
Commerce web page (www.commerce.wa.gov/hmiswa) and is incorporated into this
agreement and may be amended from time to time by Commerce. Agency will comply with,
and enforce the User Policy and will inform Commerce immediately in writing of any breaches
of the User Policy
Computers: Security for data maintained in HMIS depends on a secure computing environment.
Computer security is adapted from relevant provisions of the Department of Housing and
Urban Development’s (HUD) “Homeless Management Information Systems (HMIS) Data and
Technical Standards Notice” (Docket No. FR 4848-N-01; see
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https://www.hudexchange.info/resource/1318/2004-hmis-data-and-technical-standards-final-
notice/). Agencies are encouraged to directly consult that document for complete
documentation of HUD’s standards relating to HMIS.
Agency agrees to allow access to HMIS only from computers which are:
owned by Agency or approved by Agency for the purpose of accessing and working with HMIS;
protected from viruses by commercially available virus protection software;
protected with a software or hardware firewall;
maintained to insure that the computer operating system running the computer used for the
HMIS is kept up to date in terms of security and other operating system patches, updates, and
fixes;
accessed through web browsers with 256-bit encryption (e.g., Internet Explorer, version 11.0).
Some browsers have the capacity to remember passwords, so that the user does not need to
type in the password when returning to password-protected sites. This default shall not be
used with respect to Commerce’ HMIS; the end-user is expected to physically enter the
password each time he or she logs on to the system;
staffed at all times when in public areas. When computers are not in use and staff is not
present, steps should be taken to ensure that the computers and data are secure and not
publicly accessible. These steps should minimally include: Logging off the data entry system,
physically locking the computer in a secure area, or shutting down the computer entirely.
Passwords: Agency will permit access to HMIS only with use of a User ID and password, which
the user may not share with others. Written information pertaining to user access (e.g.
username and password) shall not be stored or displayed in any publicly accessible location.
Passwords shall be at least eight characters long and meet industry standard complexity
requirements, including, but not limited to, the use of at least one of each of the following
kinds of characters in the passwords: Upper and lower-case letters, and numbers and symbols.
Passwords shall not be, or include, the username, or the HMIS name. In addition, passwords
should not consist entirely of any word found in the common dictionary or any of the above
spelled backwards. The use of default passwords on initial entry into the HMIS application is
allowed so long as the default password is changed on first use. Passwords and user names
shall be consistent with guidelines issued from time to time by HUD and/or Commerce.
Training/Assistance: Agency will permit access to HMIS only after the authorized user receives
appropriate confidentiality training including that provided by Commerce. Agency will also
conduct ongoing basic confidentiality training for all persons with access to HMIS and will train
all persons who may receive information produced from HMIS on the confidentiality of such
information. Agency will participate in such training as is provided from time to time by
Commerce. Commerce will be reasonably available during Commerce defined weekday
business hours for technical assistance (i.e. troubleshooting and report generation).
Records: Agency and Commerce will maintain records of any disclosures of Client identifying
information either of them makes of HMIS information for a period of seven years after such
disclosure. On written request of a Client, Agency and Commerce will provide an accounting of
all such disclosures within the prior seven-year period. Commerce will have access to an audit
trail from HMIS so as to produce an accounting of disclosures made from one Agency to
another by way of sharing of information from HMIS.
Retention of paper copies of personally identifying information: Agencies must develop and
adopt policies governing the retention of paper records containing personally identifying
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information derived from a Homeless Management Information system. The policy must define
how long paper records are retained after they are no longer being actively utilized, and the
process that will be used to destroy the records to prevent the release of personally identifying
information. The policy must require the destruction of the paper records derived from an
HMIS no longer than seven years after the last day the person was served by the organization.
Information Entry Standards:
Information entered into HMIS by Agency will be truthful, accurate and complete to the best of
Agency's knowledge.
Agency will not solicit from Clients or enter information about Clients into the HMIS database
unless the information is required for a legitimate business purpose such as to provide services
to the Client, to conduct evaluation or research, to administer the program, or to comply with
regulatory requirements.
Agency will only enter information into HMIS database with respect to individuals that it serves
or intends to serve, including through referral.
Agency will enter all data for a particular month into HMIS database by the 5th business day of
the following month. Additionally, Agency will make every attempt enter all data for a
particular week by the end of that week.
Agency will not alter or over-write information entered by another Agency.
Use of HMIS:
Agency will not access identifying information for any individual for whom services are neither
sought nor provided by the Agency. Agency may access identifying information of the Clients it
serves and may request via writing access to statistical, non-identifying information on both the
Clients it serves and Clients served by other HMIS participating agencies.
Agency may report non-identifying information to other entities for funding or planning
purposes. Such non-identifying information shall not directly identify individual Clients.
Agency and Commerce will report only non-identifying information in response to requests for
information from HMIS unless otherwise required by law.
Agency will use HMIS database for legitimate business purposes only.
Agency will not use HMIS in violation of any federal or state law, including, but not limited to,
copyright, trademark and trade secret laws, and laws prohibiting the transmission of material,
which is threatening, harassing, or obscene.
Agency will not use the HMIS database to defraud federal, state or local governments,
individuals or entities, or conduct any illegal activity.
Proprietary Rights of the HMIS:
Agency shall not give or share assigned passwords and access codes for HMIS with any other
Agency, business, or individual. Each user shall request their own login and password.
Agency shall take due diligence not to cause in any manner, or way, corruption of the HMIS
database, and Agency agrees to be responsible for any damage it may cause.
Steering Committee: Commerce will consult with the Steering Committee from time to time
regarding issues such as revision to the form of this Agreement. Written Agency complaints
that are not resolved may be forwarded to the Steering Committee, which will try to reach a
voluntary resolution of the complaint.
Limitation of Liability and Indemnification: No party to this Agreement shall assume any
additional liability of any kind due to its execution of this agreement of participation in the
HMIS. It is the intent of the parties that each party shall remain liable, to the extent provided
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by law, regarding its own acts and omissions; but that no party shall assume additional liability
on its own behalf or liability for the acts of any other person or entity except for the acts and
omissions of their own employees, volunteers, agents or contractors through participation in
HMIS. The parties specifically agree that this agreement is for the benefit if the parties only and
this agreement creates no rights in any third party.
Limitation of Liability. Commerce shall not be held liable to any member Agency for any
cessation, delay or interruption of services, nor for any malfunction of hardware, software or
equipment.
Disclaimer of Warranties. Commerce makes no warranties, express or implied, including the
warranties of merchantability and fitness for a particular purpose, to any Agency or any other
person or entity as to the services of the HMIS to any other matter.
Additional Terms and Conditions:
Agency will abide by such guidelines as are promulgated by HUD and/or Commerce from time
to time regarding administration of the HMIS.
Agency and Commerce intend to abide by applicable law. Should any term of this agreement
be inconsistent with applicable law, or should additional terms be required by applicable law,
Agency and Commerce agree to modify the terms of this agreement so as to comply with
applicable law.
Neither Commerce nor Agency will transfer or assign any rights or obligations regarding HMIS
without the written consent of either party.
Agency agrees to indemnify and hold Commerce and its agents and staffs harmless from all
claims, damages, costs, and expenses, including legal fees and disbursements paid or incurred,
arising from any breach of this Agreement or any of Agency’s obligations under this Agreement.
This Agreement will be in force until terminated by either party. Either party may terminate
this agreement at will with 20 days written notice. Either party may terminate this agreement
immediately upon a material breach of this Agreement by the other party, including but not
limited to the breach of the Commerce Security Policy by Agency.
If this Agreement is terminated, Agency will no longer have access to HMIS. Commerce and
the remaining Partner Agencies will maintain their right to use all of the Client information
previously entered by Agency except to the extent a restriction is imposed by Client or law.
Copies of Agency data will be provided to the Agency upon written request of termination of
this agreement. Data will be provided on CDs or other mutually agreed upon media. Unless
otherwise specified in writing, copies of data will be delivered to Agency within fourteen (14)
calendar days of receipt of written requests for data copies.
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10.8 Appendix H: Lead-Based Paint Visual Assessment Requirements
To prevent lead‐poisoning in young children, Lead/Subgrantees must comply with the Lead‐
Based Paint Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35,
Parts A, B, M, and R.
Disclosure Requirements
For ALL properties constructed prior to 1978, landlords must provide tenants with:
Disclosure form for rental properties disclosing the presence of known and unknown
lead‐based paint;
A copy of the “Protect Your Family from Lead in the Home” pamphlet.
Both the disclosure form and pamphlet are available at: https://www.epa.gov/lead/real-estate-
disclosure
It is recommended that rent assistance providers also share this information with their clients.
Determining the Age of the Unit
Lead/Subgrantees should use formal public records, such as tax assessment records, to
establish the age of a unit. These records are typically maintained by the state or county and
will include the year built or age of the property. To find online, search for your county name
with one of the following phrases:
“property tax records”
“property tax database”
“real property sales”
Print the screenshot for the case file. If not available online, the information is public and can
be requested from the local authorities.
Conducting a Visual Assessment
Visual assessments are required when:
The leased property was constructed before 1978;
AND
A child under the age of six or a pregnant woman will be living in the unit occupied by
the household receiving rent assistance.
A visual assessment must be conducted prior to providing rent assistance to the unit and on an
annual basis thereafter (as long as assistance is provided). Lead/Subgrantees may choose to
have their program staff complete the visual assessments or they may procure services from a
contractor. Visual assessments must be conducted by a HUD‐Certified Visual Assessor.
Anyone may become a HUD‐Certified Visual Assessor by successfully completing a 20‐minute
online training on HUD’s website at:
http://www.hud.gov/offices/lead/training/visualassessment/h00101.htm
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If a visual assessment reveals problems with paint surfaces, Lead/Subgrantees cannot approve
the unit for assistance until the deteriorating paint has been repaired. Lead/Subgrantees may
wait until the repairs are completed or work with the household to locate a different (lead‐safe)
unit.
Locating a Certified Lead Professional and Further Training
To locate a certified lead professional in your area:
Call your state government (health department, lead poison prevention program, or
housing authority).
Call the National Lead Information Center at 1‐800‐424‐LEAD (5323).
Go to the US Environmental Protection Agency website at
https://www.epa.gov/leadand click on "Find a Lead-Safe Certified Firm."
Go to Washington State Department of Commerce Lead-Based Paint Program website at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/lead-
based-paint-program-lbpabatement/ and click on “Find a Certified LBP Firm” under
Other Resources.
Information on lead-based programs in Washington State can be found at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/.
For more information on the Federal training and certification program for lead professionals,
contact the National Lead Information Center (NLIC) at https://www.epa.gov/lead/forms/lead-
hotline-national-lead-information-centeror 1‐800‐424‐LEAD to speak with an information
specialist.
The Lead Safe Housing Rule as well as a HUD training module can be accessed at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/lshr
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10.9 Appendix I: Access to the DSHS Benefits Verification System Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Appendix, shall each have
the following definitions:
a. “Authorized User(s)” means an individual or individuals with an authorized business
requirement to access DSHS Confidential Information.
b. “Hardened Password” means a string of at least eight characters containing at least one
alphabetic character, at least one number and at least one special character such as an
asterisk, ampersand or exclamation point.
c. “Unique User ID” means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
d. “Contractor” means CHG Lead/subgrantees.
2. Data Transport. When transporting DSHS Confidential Information electronically, including
via email, the Data will be protected by:
a. Transporting the Data within the (State Governmental Network) SGN or Contractor’s
internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractor’s internal network.
This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique
User ID and Hardened Password or other authentication mechanisms which provide equal
or greater security, such as biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers and made
available through shared folders. Access to the Data will be restricted to Authorized Users
through the use of access control lists which will grant access only after the Authorized User
has authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or
smart cards. Data on disks mounted to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined in Section
5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken
out of the Secured Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not
be transported out of a Secured Area. When not in use for the contracted purpose, such
discs must be locked in a drawer, cabinet or other container to which only Authorized Users
have the key, combination or mechanism required to access the contents of the container.
Workstations which access DSHS Data on optical discs must be located in an area which is
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accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be
transported out of a Secured Area. Access to Data on these discs will be restricted to
Authorized Users through the use of access control lists which will grant access only after
the Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security, such
as biometrics or smart cards. Data on discs attached to such servers must be located in an
area which is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secured
Area which is only accessible to authorized personnel. When not in use, such records must
be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only
authorized persons have access.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN)
or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue
authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized
Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an
Authorized User in possession of such credentials is terminated or otherwise leaves the
employ of the Contractor, and whenever an Authorized User’s duties change such that the
Authorized User no longer requires access to perform work for this Contract
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the
Contractor on portable devices or media unless specifically authorized within the terms and
conditions of the Contract. If so authorized, the Data shall be given the following
protections:
(a)Encrypt the Data with a key length of at least 128 bits
(b)Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
(c)Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
Physically Secure the portable device(s) and/or media by
(d)Keeping them in locked storage when not in use
(e)Using check-in/check-out procedures when they are shared, and
(f)Taking frequent inventories
(2) When being transported outside of a Secured Area, portable devices and media
with DSHS Confidential Information must be under the physical control of Contractor staff
with authorization to access the Data.
(3) Portable devices include, but are not limited to; smart phones, tablets, flash
memory devices (e.g. USB flash drives, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Secured Area.
(4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs),
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magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC).
h. Data stored for backup purposes.
(1) DSHS data may be stored on portable media as part of a Contractor’s
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course
of normal backup operations. If backup media is retired while DSHS Confidential
Information still exists upon it, such media will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Contractor’s existing, documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected as
otherwise described in this exhibit. If this media is retired while DSHS Confidential
Information still exists upon it, the data will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition.
4. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. It also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following
methods will be used for data segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain
no non-DSHS data. And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a partition or
folder dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data
by the value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically segregated from
non-DSHS data in a drawer, folder, or other container.
g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both
the DSHS Data and the non-DSHS data with which it is commingled must be protected as
described in this exhibit.
5. Data Disposition. When the contracted work has been completed or when no longer
needed, except as noted in Section 3. Protection of Data b. Network Server Disks above,
Data shall be returned to DSHS or destroyed. Media on which Data may be stored and
associated acceptable methods of destruction are as follows:
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6. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to the Department of Commerce
Contact designated in the Grant Agreement within one (1) business day of discovery.
Data shared with Subcontractors. If DSHS Data access provided under this Contract is to
be shared with a subcontractor, the Contract with the subcontractor must include all of the
data security provisions within this Contract and within any amendments, attachments, or
exhibits within this Contract.
Data Stored On: Will be Destroyed By:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB
flash drives, portable hard disks)
excluding optical discs
Using a “wipe” utility which will overwrite
the Data at least three (3) times using
either random or single character data, or
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Confidential Information
Recycling through a contracted firm
provided the contract with the recycler
assures that the confidentiality of Data
will be protected.
Paper documents containing Confidential
Information requiring special handling
(e.g. protected health information)
On-site shredding, pulping, or
incineration
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely
defacing the readable surface with a
coarse abrasive
Magnetic tape Degaussing, incinerating or crosscut
shredding
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10.10 Appendix J: Access to the DSHS HEN Referral List Data Security Requirements
As required under RCW 43.185.C 230 and RCW 74.62.030, the Lead/sub grantee may use the
HEN Referral List information for the sole purpose of improving access to HEN assistance for
individuals determined eligible for a referral to HEN.
Access to Data shall be limited to staff whose duties specifically require access to such Data in
the performance of their assigned duties.
Prior to making Data available to its staff, the Data Recipient shall notify all such staff of the Use
and Disclosure requirements.
All staff accessing the data must sign a DSHS Nondisclosure of Confidential Information – Non
Employee form prior to accessing the Data.
The Lead/sub grantee shall maintain a list of such staff and their signed DSHS Nondisclosure of
Confidential Information – Non Employee forms. These forms must be updated annually and
submitted to Commerce upon request.
Limitations on Use of Data: If the Data and analyses generated by the Lead/sub grantee
contain personal information about DSHS clients, then any and all reports utilizing these Data
shall be subject to review and approval by Commerce prior to publication in any medium or
presentation in any forum.
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have
the following definitions:
a. “AES” means the Advanced Encryption Standard, a specification of Federal
Information Processing Standards Publications for the encryption of electronic data
issued by the National Institute of Standards and Technology
(http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf).
b. “Authorized Users(s)” means an individual or individuals with a business need to
access DSHS Confidential Information, and who has or have been authorized to do
so.
c. “Business Associate Agreement” means an agreement between DSHS and a
contractor who is receiving Data covered under the Privacy and Security Rules of the
Health Insurance Portability and Accountability Act of 1996. The agreement
establishes permitted and required uses and disclosures of protected health
information (PHI) in accordance with HIPAA requirements and provides obligations
for business associates to safeguard the information.
d. “Category 4 Data” is data that is confidential and requires special handling due to
statutes or regulations that require especially strict protection of the data and from
which especially serious consequences may arise in the event of any compromise of
such data. Data classified as Category 4 includes but is not limited to data protected
by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191
as amended by the Health Information Technology for Economic and Clinical Health
Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and
Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service
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Publication 1075 (https://www.irs.gov/pub/irs-pdf/p1075.pdf); Substance Abuse
and Mental Health Services Administration regulations on Confidentiality of Alcohol
and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information
Services, 28 CFR Part 20.
e. “Cloud” means data storage on servers hosted by an entity other than the
Contractor and on a network outside the control of the Contractor. Physical storage
of data in the cloud typically spans multiple servers and often multiple locations.
Cloud storage can be divided between consumer grade storage for personal files and
enterprise grade for companies and governmental entities. Examples of consumer
grade storage would include iTunes, Dropbox, Box.com, and many other entities.
Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and
Rackspace.
f. “Encrypt” means to encode Confidential Information into a format that can only be
read by those possessing a “key”; a password, digital certificate or other mechanism
available only to authorized users. Encryption must use a key length of at least 256
bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is
used, the Advanced Encryption Standard (AES) must be used if available.
g. “FedRAMP” means the Federal Risk and Authorization Management Program (see
www.fedramp.gov), which is an assessment and authorization process that federal
government agencies have been directed to use to ensure security is in place when
accessing Cloud computing products and services.
h. “Hardened Password” means a string of at least eight characters containing at least
three of the following four character classes: Uppercase alphabetic, lowercase
alphabetic, numeral, and special characters such as an asterisk, ampersand, or
exclamation point.
i. “Mobile Device” means a computing device, typically smaller than a notebook,
which runs a mobile operating system, such as iOS, Android, or Windows Phone.
Mobile Devices include smart phones, most tablets, and other form factors.
j. “Multi-factor Authentication” means controlling access to computers and other IT
resources by requiring two or more pieces of evidence that the user is who they
claim to be. These pieces of evidence consist of something the user knows, such as
a password or PIN; something the user has such as a key card, smart card, or
physical token; and something the user is, a biometric identifier such as a
fingerprint, facial scan, or retinal scan. “PIN” means a personal identification
number, a series of numbers which act as a password for a device. Since PINs are
typically only four to six characters, PINs are usually used in conjunction with
another factor of authentication, such as a fingerprint.
k. “Portable Device” means any computing device with a small form factor, designed to
be transported from place to place. Portable devices are primarily battery powered
devices with base computing resources in the form of a processor, memory, storage,
and network access. Examples include, but are not limited to, mobile phones,
tablets, and laptops. Mobile Device is a subset of Portable Device.
l. “Portable Media” means any machine readable media that may routinely be stored
or moved independently of computing devices. Examples include magnetic tapes,
optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard
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drives, and internal hard drives that have been removed from a computing device.
m. “Secure Area” means an area to which only authorized representatives of the entity
possessing the Confidential Information have access, and access is controlled
through use of a key, card key, combination lock, or comparable mechanism. Secure
Areas may include buildings, rooms or locked storage containers (such as a filing
cabinet or desk drawer) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel. In otherwise Secure Areas,
such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non-authorized staff such as janitorial or facility security staff,
when authorized Contractor staff are not present to ensure that non-authorized
staff cannot access it.
n. “Trusted Network” means a network operated and maintained by the Contractor,
which includes security controls sufficient to protect DSHS Data on that network.
Controls would include a firewall between any other networks, access control lists
on networking devices such as routers and switches, and other such mechanisms
which protect the confidentiality, integrity, and availability of the Data.
o. “Unique User ID” means a string of characters that identifies a specific user and
which, in conjunction with a password, passphrase or other mechanism,
authenticates a user to an information system.
2. Authority. The security requirements described in this document reflect the applicable
requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the
Chief Information Officer for the state of Washington, and of the DSHS Information
Security Policy and Standards Manual. Reference material related to these
requirements can be found here: https://www.dshs.wa.gov/fsa/central-contract-
services/keeping-dshs-client-information-private-and-secure, which is a site developed
by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal
Services.
3. Administrative Controls. The Lead/sub grantee must have the following controls in
place:
a. A documented security policy governing the secure use of its computer network
and systems, and which defines sanctions that may be applied to Lead/sub
grantee staff for violating that policy.
4. Authorization, Authentication, and Access. In order to ensure that access to the Data is
limited to authorized staff, the Lead/sub grantee must:
a. Have documented policies and procedures governing access to systems with the
shared Data.
b. Restrict access through administrative, physical, and technical controls to
authorized staff.
c. Ensure that user accounts are unique and that any given user account logon ID
and password combination is known only to the one employee to whom that
account is assigned. For purposes of non-repudiation, it must always be possible
to determine which employee performed a given action on a system housing the
Data based solely on the logon ID used to perform the action.
d. Ensure that only authorized users are capable of accessing the Data.
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e. Ensure that an employee’s access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment is terminated.
(3) When they no longer need access to the Data.
f. Have a process to periodically review and verify that only authorized users have
access to systems containing DSHS Confidential Information.
g. When accessing the Data from within the Lead/sub grantee’s network (the Data
stays within the Lead/sub grantee’s network at all times), enforce password and
logon requirements for users within the Lead/sub grantee network, including:
(1) A minimum length of 8 characters, and containing at least three of the
following character classes: uppercase letters, lowercase letters,
numerals, and special characters such as an asterisk, ampersand, or
exclamation point.
(2) That a password does not contain a user’s name, logon ID, or any form of
their full name.
(3) That a password does not consist of a single dictionary word. A password
may be formed as a passphrase which consists of multiple dictionary
words.
(4) That passwords are significantly different from the previous four
passwords. Passwords that increment by simply adding a number are not
considered significantly different.
h. When accessing Confidential Information from an external location (the Data will
traverse the Internet or otherwise travel outside the Lead/sub grantee network),
mitigate risk and enforce password and logon requirements for users by
employing measures including:
(1) Ensuring mitigations applied to the system don’t allow end-user
modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access.
Examples would include RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to
Trusted Network or to a component within the Trusted Network. The
traffic must be encrypted at all times while traversing any network,
including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re-authentication or
performs automated session termination after no more than 30 minutes
of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external
end point to the internal end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with
another authentication mechanism, such as a biometric (fingerprint, face
recognition, iris scan) or token (software, hardware, smart card, etc.) in that
case:
(1) The PIN or password must be at least 5 letters or numbers when used in
conjunction with at least one other authentication factor
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(2) Must not be comprised of all the same letter or number (11111, 22222,
aaaaa, would not be acceptable)
(3) Must not contain a “run” of three or more consecutive numbers (12398,
98743 would not be acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a
Mobile Device, passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case,
letter, number).
(3) Not contain more than a three consecutive character run. Passcodes
consisting of 12345, or abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
5. Protection of Data. The Lead/sub grantee agrees to store Data on one or more of the
following media and protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as
biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network
servers and made available through shared folders, access to the Data will be
restricted to Authorized Users through the use of access control lists which will
grant access only after the Authorized User has authenticated to the network
using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which
is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded
Data is sufficient as long as the disks remain in a Secure Area and otherwise
meet the requirements listed in the above paragraph. Destruction of the Data,
as outlined below in Section 8 Data Disposition, may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secure Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data
provided by DSHS on optical discs which will be used in local workstation optical
disc drives and which will not be transported out of a Secure Area. When not in
use for the contracted purpose, such discs must be Stored in a Secure Area.
Workstations which access DSHS Data on optical discs must be located in an area
which is accessible only to authorized personnel, with access controlled through
use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data
provided by DSHS on optical discs which will be attached to network servers and
which will not be transported out of a Secure Area. Access to Data on these
discs will be restricted to Authorized Users through the use of access control lists
which will grant access only after the Authorized User has authenticated to the
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network using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records
in a Secure Area which is only accessible to authorized personnel. When not in
use, such records must be stored in a Secure Area.
f. Remote Access. Access to and use of the Data over the State Governmental
Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS
staff who will issue authentication credentials (e.g. a Unique User ID and
Hardened Password) to Authorized Users on Contractor’s staff. Contractor will
notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor,
and whenever an Authorized User’s duties change such that the Authorized User
no longer requires access to perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored
by the Lead/sub grantee on portable devices or media unless specifically
authorized within the terms and conditions of the Grant. If so
authorized, the Data shall be given the following protections:
(a) Encrypt the Data.
(b) Control access to devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical
token or biometrics.
(c) Manually lock devices whenever they are left unattended and set
devices to lock automatically after a period of inactivity, if this
feature is available. Maximum period of inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable
Devices and Portable Media by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are
shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and
Portable Media with DSHS Confidential Information must be under the
physical control of Lead/sub grantee staff with authorization to access
the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part
of a Lead/sub grantee’s existing, documented backup process for
business continuity or disaster recovery purposes. Such storage is
authorized until such time as that media would be reused during the
course of normal backup operations. If backup media is retired while
DSHS Confidential Information still exists upon it, such media will be
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destroyed at that time in accordance with the disposition requirements
below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Lead/sub grantee’s existing,
documented backup process for business continuity or disaster recovery
purposes. If so, such media will be protected as otherwise described in
this exhibit. If this media is retired while DSHS Confidential Information
still exists upon it, the data will be destroyed at that time in accordance
with the disposition requirements below in Section 8 Data Disposition.
i. Cloud storage. DSHS Confidential Information requires protections equal to or
greater than those specified elsewhere within this exhibit. Cloud storage of Data
is problematic as neither DSHS nor the Lead/sub grantee has control of the
environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution,
unless all of the following conditions are met:
(a) Lead/sub grantee has written procedures in place governing use
of the Cloud storage and Contractor attests in writing that all such
procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Lead/sub grantee
network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within
the Cloud storage solution.
(e) The Lead/sub grantee will possess a decryption key for the Data,
and the decryption key will be possessed only by the Lead/sub
grantee and/or DSHS.
(f) The Data will not be downloaded to non-authorized systems,
meaning systems that are not on either the DSHS or Lead/sub
grantee networks.
(g) The Data will not be decrypted until downloaded onto a computer
within the control of an Authorized User and within either the
DSHS or Lead/sub grantee’s network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless
either:
(a) The Cloud storage provider is treated as any other Sub-
Contractor, and agrees in writing to all of the requirements within
this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health
Insurance Portability and Accountability Act (HIPAA), the Cloud provider
must sign a Business Associate Agreement prior to Data being stored in
their Cloud solution.
6. System Protection. To prevent compromise of systems which contain DSHS Data or
through which that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied
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within 3 months of being made available.
b. The Lead/sub grantee will have a method of ensuring that the requisite patches
and hotfixes have been applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if
available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus
engine, and any malware database the system uses, will be no more than one
update behind current.
7. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS
data. This is to ensure that when no longer needed by the Lead/sub grantee, all
DSHS Data can be identified for return or destruction. It also aids in determining
whether DSHS Data has or may have been compromised in the event of a
security breach. As such, one or more of the following methods will be used for
data segregation.
(1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)
which will contain no non-DSHS Data. And/or,
(2) DSHS Data will be stored in a logical container on electronic media, such
as a partition or folder dedicated to DSHS Data. And/or,
(3) DSHS Data will be stored in a database which will contain no non-DSHS
data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable
from non-DSHS data by the value of a specific field or fields within
database records.
(5) When stored as physical paper documents, DSHS Data will be physically
segregated from non-DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data,
then both the DSHS Data and the non-DSHS data with which it is commingled
must be protected as described in this exhibit.
8. Data Disposition. When the contracted work has been completed or when the Data is
no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS
or destroyed. Media on which Data may be stored and associated acceptable methods
of destruction are as follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB flash
drives, portable hard disks) excluding
optical discs
Using a “wipe” utility which will overwrite
the Data at least three (3) times using either
random or single character data, or
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Confidential Information
Recycling through a contracted firm,
provided the contract with the recycler
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assures that the confidentiality of Data will
be protected.
Paper documents containing Confidential
Information requiring special handling (e.g.
protected health information)
On-site shredding, pulping, or incineration
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely
defacing the readable surface with a coarse
abrasive
Magnetic tape Degaussing, incinerating or crosscut
shredding
9. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to COMMERCE and DSHS Privacy
Officer at dshsprivacyofficer@dshs.wa.gov designated within one (1) business day of
discovery. Lead/sub grantee must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
10. Data shared with Subcontractors. If DSHS Data provided under this Grant is to be
shared with a subcontractor, the Grant with the subcontractor must include all of the
data security provisions within this Grant and within any amendments, attachments, or
exhibits within this Grant. If the Lead grantee cannot protect the Data as articulated
within this Grant, then the contract with the sub grantee must be submitted to
COMMERCE for review and approval.
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