FINAL 2022 0222 Council Agenda PacketMoses Lake City Council
Dean Hankins, Mayor |Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member
Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member
REMOTE ACCESS OPTION and IN PERSON UPDATE
Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda, or via internet
at https://cityofml.zoom.us/j/83652426280. Persons requesting to address the Council from the remote option will
need to complete the online speaker request form before 3 p.m.. on the day of the meeting. Masks will be
required for in person attendees.
Tuesday, February 22, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access
Study Session
6:30 p.m. – Food Truck Plaza Design
Presented by Levi Bisnett, Project Surveyor
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications
Summary Reports:
Mayor’s Report
Pg 4 - Confirm Appointment to Planning Commission
- Youth Day MC and Council Parade Judges (April 16)
Additional Business
Moses Lake Council Packet 2-22-22, Page 1 of 156
Motion
February 22, 2022, City Council Meeting Page 2
City Manager’s Report
Pg 5 - Wastewater Treatment Plant Awards from DOE
Pg 7 - ARPA Funding Update
- Police Station Options
-Legislative Update
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.
#1 pg 30
a.City Council Meeting Minutes Dated February 8, 2022
b.Claims and Payroll
c.Grant County Road Maintenance ILA
d.Accept Skate Park Bowl and Lighting Project
e.Extend Suspension of Water Shutoff Resolution 3883
Old Business – None Scheduled
New Business
#2
#3
Motion
pg 55
MLIRD Joint Water ILA Draft
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and discuss
pg 63
Commerce Consolidated Homeless Grant ILA
Presented by Lee Creiglow, Interim Community Development Director
Summary: Council to review and consider approval
Administrative Reports
- Municipal Court Services Status
-Shoreline Master Program Open House
Council Communications and Reports
Executive and Closed Sessions
- Litigation pursuant to RCW 42.30.110(1)(i) and
Labor Negotiations pursuant to RCW 42.30.140 (4)(c)
Moses Lake Council Packet 2-22-22, Page 2 of 156
Motion
February 22, 2022, City Council Meeting Page 3 _________________
Adjournment
Next Regular Council Meeting is scheduled for March 8, 2022
Zoom Meeting – Audio Only Please click the link below to join the webinar:
https://cityofml.zoom.us/j/83652426280
Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# 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: 836 5242 6280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate
physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so
that arrangements may be made prior to the meeting time.
Moses Lake Council Packet 2-22-22, Page 3 of 156
Community Development Department
Moses Lake Civic Center Annex· 321 S. Balsam Street · P.O. Drawer 1579 · Moses Lake, WA 98837
www.cityofml.com · 509-764-3750 · planning@cityofml.com
February 16, 2022
Memo
To: Mayor Dean Hankins
From: Vivian Ramsey, Planning Manager
CC: Allison Williams, City Manager
At its February 10th meeting, the Moses Lake Planning Commission voted to recommend that
City Council appoint Susan Tao to serve on the Planning Commission. The Planning Commission
reviewed all three applicants and selected Ms. Tao based on her qualifications. As you recall, the
Municipal Code requires that Planning Commission members “have an interest in planning, land
use, transportation, capital infrastructure, and building and landscape design as evidenced by
training, experience, or interest in the City.”
The Commissioners were particularly impressed by Susan’s environmental and planning
credentials, commenting that such experience would be an asset to the board.
Moses Lake Council Packet 2-22-22, Page 4 of 156
Page 1 of 2
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: February 16, 2022
Proceeding Type: Administrative Report
Subject: 2020 DOE Wastewater Plant Awards
Overview
The City of Moses Lake operates two wastewater
treatment plants:
•Larson Wastewater Treatment Plant
•Dunes Wastewater Treatment Plant
Department of Ecology (DOE) Recognition
The Washington State Department of Ecology
has just formally recognized the City of Moses
Lake Wastewater Division for its exemplary
effort and high standards in protecting and
keeping Washington’s waters clean in 2020.
Wastewater Division Personnel Recognition
•Chris Campbell, Manager
•Franklin Ridgeway, Supervisor
•Jamie Lamb, Operator II
•Christopher Hare, Operator II
•Joseph Barkle, Operator III
•Ignacio DeLeon, Operator I
•Alexander Morton, Operator I
•Dustin Roth, Operator I
•Gary Vela, Operator I
•Zachary Martinez, Operator I
•Justin Akerley, Operator in Training
DUNES
LARSON
Moses Lake Council Packet 2-22-22, Page 5 of 156
Page 2 of 2
LARSON WASTEWATER TREATEMENT PLANT
2020 OUTSTANDING PERFORMANCE AWARD
DUNES WASTEWATER TREATEMENT PLANT
2020 OUTSTANDING PERFORMANCE AWARD
Moses Lake Council Packet 2-22-22, Page 6 of 156
Page 1 of 2
STAFF REPORT
To: Mayor and City Council
From: Allison Williams, City Manager
Date: February 15, 2022
Proceeding Type: City Manager’s Report
Subject: Consideration of ARPA funding recommendations
Legislative History: Financial Impact:
• First Presentation: November 2021 Budgeted Amount: TBD
• Second Presentation: February 2022 Unbudgeted Amount:
• Action: Motion Total Cost: TBD
Overview
Following this Staff Report are the documents related to the City’s use of its ARPA distribution.
The first document was a part of the 2022 budget document. Following the approval of the
budget, staff carried out a survey process in order to determine if the spending priorities were
consistent with citizen’s input. The final document reflects an updated budget based on input
received and also carrying over unspent ARPA funds for utilization in 2022. Staff is asking for
Council approval of the spending plan for 2022 so that funds can be budgeted. For 2023, staff
would update the budget for consideration during the 2023 budget process.
Fiscal and Policy Implications
This action would budget 2022 funds.
Council Packet Attachments
A. 2022 Budget Memo
B. ARPA Survey Results
C. Updated Budget
Finance Committee Review
February 8, 2022
Moses Lake Council Packet 2-22-22, Page 7 of 156
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
N/A
Options
Option Results
• Motion to approve 2022 spending Staff will proceed with 2022 projects
• Provide staff with changes Staff would follow requested changes
• Take no action The funds would not be allocated
Action Requested
Motion to approve the 2022 spending plan utilizing ARPA funds.
Moses Lake Council Packet 2-22-22, Page 8 of 156
CITY OF MOSES LAKE
2022 BUDGET NARRATIVE
DISASTER RECOVERY
FUND 105 – ARPA Consideration
City Manager Allison Williams
ARPA (American Rescue Plan Act) funding is support provided to eligible state, local, territorial,
and tribal governments to help these entities respond to and recover from the COVID-19
emergency. Specifically, the funds are intended to provide a substantial infusion of resources to
help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a
strong and equitable recovery process.
Treasury launched the relief to:
• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and
bring the pandemic under control
• Replace lost revenue for eligible state, local, territorial, and Tribal governments to
strengthen support for vital public services and help retain jobs
• Support immediate economic stabilization for households and businesses
• Address systemic public health and economic challenges that have contributed to the
inequal impact of the pandemic
The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each
government to meet local needs—including support for households, small businesses, impacted
industries, essential workers, and the communities hardest hit by the crisis. These funds can also
be used to make necessary investments in water, sewer, and broadband infrastructure. There is
specific guidance for the use of the funds in the Interim Final Rule published by the Department of
Treasury.
After review of the Interim Final Rule, and after evaluating the needs that have been identified
through the City’s Comprehensive Planning process, and the emergent needs that have resulted in
the City’s 2022 budget process, staff is recommending the following uses of the funds:
Note that Moses Lake is classified as a non-metropolitan city and received notice of $6,723,558 in
federal funding, of which the city received half in May 2021 with the second half expected in May
2022.
COVID recovery:
1) Administration: A contract staff person would be hired to administer the federal
funding program and to create the economic development/business development
programs described later in this memo for community resilience.
2) Fire Staffing and Day Car: Daytime call volume has increased for Fire/Ambulance with
the increased well checks and COVID responses. Funding would be utilized to create a
day car allowing the city to provide a stop gap measure to increase service delivery
availability during peak hours. Four staff would be hired: Two members would be
Moses Lake Council Packet 2-22-22, Page 9 of 156
assigned to a unit with a start time of 0700 daily and an end time of 1500 daily, and two
additional members assigned to a unit with a start time of 1100 daily and an end time
of 1900 daily.
3) Police Mental Health Professional: To assist with well checks and mental health calls,
the city has developed a partnership with Grant Integrated Services to provide a mental
health professional to be present during police calls. Funds are needed for supplies and
training related to this new program this is a response to the pandemic.
4) Fund replacement: As a result of COVID, the city’s Lodging Tax fund saw a one time
decrease of $200,000 which limits the city’s ability to support events that bring
tourists/revenue to the city’s hotels and businesses.
Capital Projects related to health/welfare:
1) Cascade Valley Water and Sewer Service: The city has annexed a portion of Cascade Valley
but has not extended water and sewer. Water and sewer service became a critical issue
for public health and safety during the pandemic. This project would provide the ability to
make the extensions financially feasible for new and existing city users.
2) Gravel streets and stormwater facilities: A number of streets in the city are still gravel and
lack stormwater facilities, contributing to poor conditions and worsening the lake health.
Funds would jump start improvements which would help in neighborhood revitalization as
well.
Resident/Business support:
1) Resident support: Provide a fund to assist residents impacted by the pandemic who are
unable to make utility payments.
2) Business support: Significant public outreach took place during the pandemic with the
city’s effort to create a new Comprehensive Plan and Creative District. Public input
identified a number of investments that would help to spur entrepreneurship and
revitalization. Specific projects identified were:
a. The establishment of a food truck court in place of a portion of the city’s
community gardens
b. Support of the Chamber and Downtown Association’s business incubators
c. Support of creative district/arts oriented events and programs
Chronic Homeless support: Funds received during the pandemic allowed the city to start its
homeless support program through the establishment of the Sleep Center. This center is
temporary and a new site needs to be planned and developed. The new site anticipates expanded
services including permanent supportive housing and other related services. The funds identified
would only provide for site development and relocation of the Sleep Center. The full build out of
the Transformational Center is expected to be $10 million.
Moses Lake Council Packet 2-22-22, Page 10 of 156
American Rescue Plan Act Funding Survey
1 / 6
51.08% 95
6.99% 13
7.53% 14
5.38% 10
5.38% 10
4.30% 8
15.59% 29
1.08% 2
2.69% 5
Q1 Which ARPA project do you think is the most important to invest in?
Answered: 186 Skipped: 0
TOTAL 186
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Adding
emergency...
Enhancing
available of...
Supporting
local...
Offering
grants to...
Investing in
improved...
Offering
community...
Stimulating
Moses Lake’s...
Improving the
efficiency o...
Encouraging
economic...
ANSWER CHOICES RESPONSES
Adding emergency service resources due to the increases in COVID related health activity
Enhancing available of water/sewer resources for the protection of public health
Supporting local businesses and community organizations impacted by the pandemic with grants or other assistance
Offering grants to address the disproportionate public health and economic impacts of the pandemic on the hardest hit
portions of the community
Investing in improved outdoor spaces for healthier living environments, especially in areas with fewer park amenities
Offering community improvement grants to City neighborhoods for clean-up and beautification activities
Stimulating Moses Lake’s economy through initiatives that encourage new businesses to invest here, creating jobs and
adding revenue
Improving the efficiency of City services and processes through technology upgrades
Encouraging economic activity by updating City-owned amenities and investing in higher-profile events to draw more
visitors to Moses Lake
Moses Lake Council Packet 2-22-22, Page 11 of 156
American Rescue Plan Act Funding Survey
2 / 6
50.57%88
49.43%86
Q2 For nonbusiness owners/employees: Were you economically impacted
by COVID-19?
Answered: 174 Skipped: 12
TOTAL 174
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
Moses Lake Council Packet 2-22-22, Page 12 of 156
American Rescue Plan Act Funding Survey
3 / 6
51.38%56
48.62%53
Q3 For business owners: Were you economically impacted by COVID-19?
Answered: 109 Skipped: 77
TOTAL 109
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
Moses Lake Council Packet 2-22-22, Page 13 of 156
American Rescue Plan Act Funding Survey
4 / 6
53.85%28
34.62%18
11.54%6
Q4 For residential landlords: Please indicate below if your tenants paid no
rent, reduced rent, or moved without paying.
Answered: 52 Skipped: 134
TOTAL 52
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Paid no rent
Paid reduced
rent
Moved without
paying
ANSWER CHOICES RESPONSES
Paid no rent
Paid reduced rent
Moved without paying
Moses Lake Council Packet 2-22-22, Page 14 of 156
American Rescue Plan Act Funding Survey
5 / 6
Q5 What has been your biggest challenge in recovering from the
pandemic?
Answered: 118 Skipped: 68
Moses Lake Council Packet 2-22-22, Page 15 of 156
American Rescue Plan Act Funding Survey
1 / 5
Q5 What has been your biggest challenge in recovering from the
pandemic?
Answered: 120 Skipped: 69
#RESPONSES DATE
1 increased taxes and inflation 12/30/2021 4:55 PM
2 Recovering financially 12/28/2021 6:45 AM
3 Listening to mindless people in power pretend the pandemic still exists so that they can
continue to have a platform to attempt to stay relevant.
12/23/2021 2:51 PM
4 businesses got used to not advertising at least through paid means so to get them to pay has
been a challenge and has definitely impacted our business
12/20/2021 2:00 PM
5 Keeping up with the workload.12/20/2021 9:27 AM
6 Lack of public compliance with mask mandates and vaccination recommendations 12/15/2021 9:00 PM
7 money 12/14/2021 12:59 AM
8 Government AND health care people saying one thing and then a week later saying something
else. Or one locality saying one thing and then another one saying something the opposite.
Get the shot and you won't get sick. But then get the shot and you won't spread it. But then
get the shot and you might get sick but not die and you may still spread it even though you
feel 100% OK. The masks work...the masks don't work. Can't get clothes at North 40, but can
at Walmart because they sell food. The Federal Govt. has given out Billions of dollars so far
and it seems like Moses Lake got some and just wants to spend it on Non-Covid related
things. I agree in the tourism losses reimbursement and hiring a mental healthcare officer for
more than the one year listed. I DO NOT agree with money spent for Downtown Stormwater,
Gravel Street Maintenance, Water/Sewer to cascade valley. How are any of these Covid
related? Maybe some of the money should be spent to help out the small businesses
registered in Moses Lake. Business's that employ 10 people or less. Maybe a rebate on 2
years of License Fees. Same with local utilities. How about $200.00 CREDIT on FUTURE
service bills.
12/13/2021 5:29 PM
9 Public awareness of programs able to help with bills and rent.12/13/2021 2:01 PM
10 Getting the supply chain operating at 100%. Waiting on parts 12/13/2021 11:02 AM
11 Government. They have been more of a problem than a solution provider.12/12/2021 4:28 PM
12 Resources for money, food and personal. My biggest challenge were food and money. If the
local economy could offer more choices for employment and reduced pricing on food that
would be great.
12/11/2021 12:12 PM
13 Ridiculous mandates and local governments that agree with them, initiate them, and terminate
critical employees.
12/11/2021 7:36 AM
14 paying for the medical bills and the rising costs for everything 12/10/2021 2:42 PM
15 advertising to draw customers 12/10/2021 2:10 PM
16 Working 12/10/2021 9:41 AM
17 Reduced hours 12/10/2021 9:36 AM
18 Lack of goods, higher prices of everything.12/10/2021 9:20 AM
19 "pandemic pricing"12/10/2021 8:30 AM
20 Increased cost of raw materials and appliances for renovations of rental property.12/10/2021 4:20 AM
21 Hiring to have jobs done and companies not having employees (irrigation, roofing, small 12/9/2021 10:23 PM
Moses Lake Council Packet 2-22-22, Page 16 of 156
American Rescue Plan Act Funding Survey
6 / 6
Q6 If you have one thing you could spend ARPA funding on, what would it
be?
Answered: 150 Skipped: 36
Moses Lake Council Packet 2-22-22, Page 17 of 156
American Rescue Plan Act Funding Survey
2 / 5
construction)
22 Being forced to stop working 12/9/2021 9:24 PM
23 State Legislature. Too Slow, Too Late, & Too Little.12/9/2021 8:13 PM
24 Finding jobs 12/9/2021 7:07 PM
25 Beautification of the city 12/9/2021 7:04 PM
26 Propaganda 12/9/2021 6:56 PM
27 Staying healthy 12/9/2021 6:51 PM
28 Inflation of primary goods 12/9/2021 4:38 PM
29 All of the non-compliant businesses and individuals in our area are extending the pandemic for
everyone.
12/9/2021 3:31 PM
30 Getting back to normal 12/9/2021 2:02 PM
31 Adapting to the way our customers needs have changed.12/9/2021 12:36 PM
32 Managing/navigating the various regulations 12/9/2021 8:57 AM
33 Getting caught up on bills 12/9/2021 8:49 AM
34 The continuing costs of living.12/8/2021 9:11 PM
35 Loss of income due to idiotic, and illegal, shut down of businesses, there by depriving people
of income which would have allowed them to pay rents, bills, etc.
12/8/2021 5:57 PM
36 Accessing medical treatment 12/7/2021 9:24 PM
37 Uncertainty in how regulations and society are impacting my children's future.12/7/2021 3:09 PM
38 Just want it normal again 12/6/2021 11:50 PM
39 None 12/6/2021 11:51 AM
40 Dealing with people who don't take the coronavirus seriously.12/6/2021 9:11 AM
41 Maintaining health insurance due to reducing in hours due to COVID 12/5/2021 5:11 PM
42 Feeling comfortable going to the gym, restaurants, and events due to lower vaccination rates
and masking in the community
12/5/2021 11:32 AM
43 Continuing mandates from State government. The governor should no longer have the power to
tell what we can do.
12/4/2021 6:21 PM
44 People no longer want to work creating impacts at restaurants, stores, etc.12/4/2021 2:19 PM
45 Dealing with idiots like you.12/4/2021 11:43 AM
46 Helping keep local business afloat 12/3/2021 6:48 PM
47 The isolation has been worse than the pandemic in terms of depression and teen suicide.
Humans are not meant to be alone and the longer we go without seeing a smiling face, or the
warmth of a handshake or hug the darker everything gets.
12/3/2021 4:06 PM
48 Access to businesses d/t lower stock 12/3/2021 9:08 AM
49 Insufficient activities for youth.12/3/2021 7:36 AM
50 All the unvaccinated stupid anti-mask wearers in our town. I don't shop here any more if I don't
have to. I'll take my business online and to places where people follow the mandates and care
about their communities. Why support our businesses when many don't care about our
community as indicated by not enforcing mask wearing in their businesses and not having
employees wearing masks?
12/2/2021 7:39 PM
51 Lack of labor force for basic services.12/2/2021 5:36 PM
52 The resources are lacking. Emergency medical personal are tired and over worked and the call
volume keeps rising the city with the same amount of personal. Something needs to change
12/2/2021 5:18 PM
Moses Lake Council Packet 2-22-22, Page 18 of 156
American Rescue Plan Act Funding Survey
3 / 5
53 No vaccine mandates. It is unethical and illegal 12/2/2021 5:16 PM
54 None 12/2/2021 5:13 PM
55 Had to close my business.12/2/2021 2:39 PM
56 Travel and events 12/2/2021 12:06 PM
57 Scheduling our firefighter to where they are note getting over run with the influx of the
increased call volume
12/2/2021 12:03 PM
58 Inflation 12/2/2021 10:51 AM
59 Salary reductions and job loss 12/2/2021 10:26 AM
60 Gas prices, food prices 12/2/2021 10:22 AM
61 Lack of emergency service staff. They should be allowed more. We need them.12/2/2021 9:56 AM
62 The fact that everyone treats COVID like the plague 12/2/2021 8:33 AM
63 Loss of freedom 12/2/2021 7:34 AM
64 Increased workload with less employees 12/2/2021 7:27 AM
65 Finances, Hours worked shortened due to lack of sales.12/2/2021 2:07 AM
66 Rising cost of housing 12/2/2021 1:49 AM
67 Mandates are wrong 12/1/2021 10:44 PM
68 Financial 12/1/2021 10:17 PM
69 I see the drain on emergency services 12/1/2021 10:15 PM
70 Loss of a family member 12/1/2021 9:44 PM
71 Fire department staffing 12/1/2021 9:31 PM
72 Becoming healthier 12/1/2021 9:17 PM
73 Financial 12/1/2021 9:05 PM
74 None 12/1/2021 8:45 PM
75 Burn out from insufficient staffing.12/1/2021 8:43 PM
76 Lies and deceptions 12/1/2021 8:37 PM
77 Getting merchandise locally not Amazon or Walmart 12/1/2021 8:27 PM
78 Fire department staffing 12/1/2021 8:16 PM
79 Staffing concerns for the fire department, this department was the hardest hit city service and
has been chronically understaffed.
12/1/2021 8:13 PM
80 Fire department staffing 12/1/2021 8:13 PM
81 Staffing for the fire department 12/1/2021 8:09 PM
82 PTSD from wearing a mask!12/1/2021 7:53 PM
83 Minimal impact 12/1/2021 7:36 PM
84 Long working hours 12/1/2021 7:31 PM
85 Depression 12/1/2021 7:25 PM
86 Listening to all the opposing views as to what people should do to lessen their chance of
contracting COVID or one of the variants.
12/1/2021 7:16 PM
87 Dealing with students who think timelines don’t matter anymore.12/1/2021 7:13 PM
88 Our town being shutdown by people who don’t walk in our shoes.12/1/2021 6:44 PM
Moses Lake Council Packet 2-22-22, Page 19 of 156
American Rescue Plan Act Funding Survey
4 / 5
89 Jobs available in Moses Lake/Grant County.12/1/2021 5:33 PM
90 Mental health 12/1/2021 4:13 PM
91 Being able to return to normal life.12/1/2021 3:04 PM
92 Increased call volume for emergency responders in our area.12/1/2021 2:16 PM
93 Trying to find safe places to get back together with friends and family.12/1/2021 2:02 PM
94 Public safety I feel was the biggest issue 12/1/2021 1:41 PM
95 maintaining CDC and local health dept. recommendations in order to keep my business open 12/1/2021 1:39 PM
96 Loss of income due to renters not having to pay rent, while mortgages still had to be paid 12/1/2021 1:35 PM
97 Recovering? We are still it. Inflation, isolation, loss of freedom, fear.12/1/2021 1:34 PM
98 Not getting angry at antimaskers and antivaxxers has been a challenge. We’re all in this
together, and it would be nice if people were for the common good instead of being skewed by
politics.
12/1/2021 1:33 PM
99 Work 12/1/2021 1:25 PM
100 Wearing a mask 12/1/2021 1:11 PM
101 A lack of resources that promote social interaction that would help with mental health and
wellness. Isolation was extremely difficult.
12/1/2021 1:05 PM
102 Pricing has doubled. Food and gas are more expensive 12/1/2021 12:55 PM
103 Being coop up 12/1/2021 12:45 PM
104 The restrictions that are still in place. Open and allow the people to decide what precautions
they want to take in their own lives.
12/1/2021 12:43 PM
105 Finding stability in housing and schools 12/1/2021 12:40 PM
106 Just want to go back to normal. Not a “new normal”12/1/2021 12:36 PM
107 Running an unprecedented number of emergency medical calls with an asinine minimum
staffing level.
12/1/2021 12:15 PM
108 The lack of continuity in the pandemic messaging and the terrible leadership of our elected
officials
12/1/2021 10:09 AM
109 Lack of socialization 12/1/2021 9:57 AM
110 Employees 12/1/2021 9:53 AM
111 The limited resources in the area, have to go through out of town.12/1/2021 9:23 AM
112 Getting to work with quarantined kids that are not sick.12/1/2021 8:02 AM
113 Finding community resources for the adult disabilities community. They lost all their social
activities and we only have few at this time and are supporting a large adult community with
disabilities with little opportunity for employment, social activities, (day program) hire me will
make it amazing! Our disabled community are under served and growing. We need equal
opportunity. We have amazing programming for Park and Rec. Let’s find a way to support this
lost community of disabled adults. Beyond special Olympics! Let’s do something amazing!
11/30/2021 9:07 PM
114 My job depends on people doing their daily business. Dr appointments, shopping, etc. any
interruptions in n this means I don’t work
11/30/2021 9:04 PM
115 Steady help and income 11/30/2021 8:55 PM
116 I couldn't produce my products because my supplies were not essential. When I could start
production again, I had to regain my customer base. As soon as I started gaining my
customers back, the price hikes of raw materials started.
11/30/2021 7:53 PM
117 Finding places locally for me and my family to go to outside.11/30/2021 7:51 PM
118 Mental health 11/30/2021 7:46 PM
Moses Lake Council Packet 2-22-22, Page 20 of 156
American Rescue Plan Act Funding Survey
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119 Joe Biden and his administration pushing their agenda, negatively impacting Americans 11/30/2021 6:50 PM
120 Bringing home stress from work.11/30/2021 5:33 PM
Moses Lake Council Packet 2-22-22, Page 21 of 156
American Rescue Plan Act Funding Survey
1 / 6
Q6 If you have one thing you could spend ARPA funding on, what would it
be?
Answered: 152 Skipped: 37
#RESPONSES DATE
1 Recruiting businesses to Moses Lake while supporting current small businesses that have
struggled through the pandemic
12/30/2021 4:55 PM
2 Getting rid of the homeless 12/28/2021 6:45 AM
3 We need to build another access way so that Stratford isn't congested all of the time.12/23/2021 2:51 PM
4 grants for local businesses to market themselves in the local newspaper helping them and the
newspaper generate sales and recoup/rehire jobs
12/20/2021 2:00 PM
5 Street infrastructure.12/20/2021 9:27 AM
6 Infrastructure including roads (and bridges), traffic flow, the anticipation of future businesses
and their infrastructure needs, water treatment, sewer, and underground electrical, cable, and
fiber.
12/16/2021 3:23 PM
7 Social distance in public places 12/15/2021 9:00 PM
8 household needs 12/14/2021 12:59 AM
9 Revamping the city government. They spend too much and are deficit spending in 2022
budget. A government should never spend more than they have
12/13/2021 3:17 PM
10 Housing and infrastructure 12/13/2021 2:01 PM
11 Business development 12/13/2021 11:02 AM
12 Public amenities improvement, especially anything waterfront related. Moses Lake has
shockingly little waterfront activity options for a city on a nice lake. Pathetic and you can do
something about it. Would be great for residents as well as attract visitors and help to attract
new employers that see a vibrant outdoors/lakefront options for their employees if they locate
here.
12/12/2021 4:28 PM
13 Reducing food prices 12/11/2021 12:12 PM
14 Second bridge crossing at Dogwood. Did you know Pines Ave was originally called Dogwood?
Plans were for crossing when played! Survey of lake bottom was done at site for current sewer
force main at that location? Consultants and engineers for city said it was best location? Water
could be looped across bridge for enhance service? Sewer could be updated and put on bridge.
Could be mostly fill like current crossing with bridge section a little higher for boats. Sound wall
for residential protection. Connects 4 Lane to 4 Lane with most signals existing.
12/11/2021 9:18 AM
15 Making businesses less difficult and less expensive to open and/or operate. Use the money to
pay typical fees associated with starting or operating a business. Reduce the red tape for
people trying to start a business (or maintain an existing business). Eliminate all of the
mandates within the city that cause businesses to operate at less than full capacity.
12/11/2021 7:36 AM
16 exploring test wells for shallow water sources 12/11/2021 7:33 AM
17 rent and utilities for my shop 12/10/2021 2:10 PM
18 Clean up the lake and one way bus tickets for homeless to Seattle 12/10/2021 9:41 AM
19 Infrastructure, roads in particular.12/10/2021 9:36 AM
20 Improve things that will bring revenue to the city. More things for youth to stay engaged in for
sports, enclosed hockey rink, more baseball fields, a complex with rv spaces, soccer fields,
boat launches.
12/10/2021 9:20 AM
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21 Stimulating a more diverse economic base 12/10/2021 8:30 AM
22 Improving city IT capabilities to prevent potential cyber attack/ransomware.12/10/2021 4:20 AM
23 Mental health 12/9/2021 10:23 PM
24 Enhancing our city infrastructure 12/9/2021 9:24 PM
25 Cleaning up the lake 12/9/2021 8:48 PM
26 Advertising to BIG businesses to move to Moses Lake. Affordable Land, Affordable Energy
and Affordable Skilled Labor.
12/9/2021 8:13 PM
27 Better sewage coverage 12/9/2021 7:07 PM
28 Beautification of the city 12/9/2021 7:04 PM
29 Activities for all ages! New businesses!12/9/2021 6:56 PM
30 Our lake and business initiative 12/9/2021 6:51 PM
31 Increase Law Enforcement to help with the crime and drug use.12/9/2021 4:38 PM
32 Giving people straight-up cash for getting vaccinated and using a mask properly.12/9/2021 3:31 PM
33 Improving economics for our community 12/9/2021 2:02 PM
34 Investing in the arts and local nonprofits.12/9/2021 12:36 PM
35 Mental health services and programs in our community 12/9/2021 11:02 AM
36 The only way Moses Lake will prosper and accommodate growth in the future is to BUILD
ANOTHER LAKE CROSSING. The city seems to focus on economic growth, which is
important, but the infrastructure of this town cannot handle the traffic flow as it is now and if we
compound that issue with more traffic and more people, it will become an incredible nuisance.
Might as well move back to a large city if that's what we can come to expect from ML. Quite
honestly, with home prices and rental prices as they are (apartment rentals are stupid
expensive, these are Spokane/Seattle prices), this town has little to offer to anyone to actually
keep them here. ML is competing on a level it cannot sustain long term. The city needs to get
it together.
12/9/2021 10:30 AM
37 Opportunities to stimulate job growth 12/9/2021 8:57 AM
38 I think we need more activities and building of opportunity for our youth in Moses Lake 12/9/2021 8:49 AM
39 Provide more staff in emergency services to cover the increasing call volume.12/8/2021 9:11 PM
40 Add more firefighters to the City to keep up with the growth of the City and the call volume. 12/8/2021 8:52 PM
41 Give it back to the tax payers who it was stole from in the beginning. You know, the citizens
whose businesses and personal time help support the community; schools, parks and rec,
volunteers, etc. Then let the good people support the community activity they desire. That
would be the best and highest use of the money. Given that this wont likely happen - Support
the business that were shuttered, who had to close, cut staff and hours. Do things to support
business and job growth. Designate and build bike paths/roads to all points in the City so
people can more easily and safely move around.
12/8/2021 5:57 PM
42 More paramedics. Our community has a pathetic lack of emergency services given the rapid
growth in population
12/7/2021 9:24 PM
43 Developing Lakefront to establishing Moses Lake as a premier destination for family outdoor
recreation and exploration.
12/7/2021 3:09 PM
44 I can really see the impact it has had on Emergency service (Fire and EMS) during the
pandemic and how they couldn’t work from home and was always putting themselves in danger
to help others on a daily basis without stopping and being understaffed but still able to fulfill the
needs of the community regardless of the staffing situation
12/6/2021 11:50 PM
45 Expansion of roads & utilities to facilitate commercial/economic growth 12/6/2021 11:51 AM
46 Paving Syble Ln & Bemis St.12/6/2021 9:11 AM
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47 Homeless shelter and small businesses 12/5/2021 5:11 PM
48 upgrades to ventilation systems for businesses to meet recommendations for COVID risk
reduction especially in places that have increased risk like gyms and restaurants. Staffing and
support for health care agencies and public health.
12/5/2021 11:32 AM
49 Staffing and equipment increase for the Police and Fire Dept.12/4/2021 6:21 PM
50 taking care of all of the run down parts of moses lake, enforcing codes 12/4/2021 3:02 PM
51 Help our professionals that are on the front line dealing with the covid impact 12/4/2021 2:19 PM
52 Give the money back to the people from whom it was taken.12/4/2021 11:43 AM
53 Local emergency services 12/3/2021 6:48 PM
54 Building up the city to fill in the "holes" in store fronts and empty lots. Bringing in new retail
and restaurant options where we can go an be with people and interact and rediscover what it
is like to be a community.
12/3/2021 4:06 PM
55 Adding another fire station and staffing 12/3/2021 3:52 PM
56 Adding a fire station and staffing 12/3/2021 3:47 PM
57 Add another fire station and staffing for public safety 12/3/2021 11:19 AM
58 Certainly not the fire department.12/3/2021 10:07 AM
59 Help local businesses 12/3/2021 9:08 AM
60 Updating and upgrading parks and public facilities.12/3/2021 7:36 AM
61 Fire and Police 12/3/2021 5:21 AM
62 Providing funding for anti-Washingtonians to move to another state of their choice that is a
better fit for their anti-vaccine anti-mask idiocy.
12/2/2021 7:39 PM
63 More police and more firefighters and the equipment they need.12/2/2021 6:09 PM
64 Enhance our Police Department facilities. Every other city department has received
enhancements. None at the PD since 1978. Time to support your law enforcement.
12/2/2021 5:36 PM
65 Building another fise station and more personal 12/2/2021 5:18 PM
66 Those who worked through the pandemic providing public services 12/2/2021 5:16 PM
67 Hiring more fire/EMS personnel 12/2/2021 5:13 PM
68 Outdoor space and lake cleanup 12/2/2021 3:20 PM
69 A multi-use commercial kitchen and business incubator. The other would be a place to help
with serious mental health challenges and housing.
12/2/2021 2:39 PM
70 Beatification of Moses Lake parks and add more green spaces.12/2/2021 1:26 PM
71 Growing fire department.12/2/2021 12:39 PM
72 Government severance pay for those fired for refusing mandated vaccines.12/2/2021 12:06 PM
73 Emergency service upgrades.12/2/2021 11:58 AM
74 Fill existing vacancies and increase Fire/ EMS staffing. Those poor guys and gals are getting
their asses kicked. Departments everywhere are feeling the weight and are hiring. If we keep
working our Fire /PD folks that hard eventually they will burn out or move on to another
department. You’ll lose all that training and knowledge that was invested.
12/2/2021 11:52 AM
75 First responders 12/2/2021 11:29 AM
76 Healthcare 12/2/2021 10:51 AM
77 Positions for job creation in emergency services and elsewhere impacted by pandemic.12/2/2021 10:26 AM
78 Community groups who interact with all the different neighborhoods and more youth programs
on weekends and evenings.
12/2/2021 10:22 AM
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79 Emergency services. Helping them 12/2/2021 9:56 AM
80 Fire and Emergency services increase in staffing. Additional stations. Moses lake is way
behind in this service.
12/2/2021 9:29 AM
81 Making sure our police, firefighters, and EMTs have the resources to do their jobs safely and
effectively.
12/2/2021 8:33 AM
82 Fire and EMS/Cops 12/2/2021 7:34 AM
83 Employing more first responders and nurses 12/2/2021 7:27 AM
84 Clean up junk around neighborhoods. valley road repaved, clean up Broadway across bistro
business, between danny tavern and alder street. Tri cities gives business owner money has
to be done with in 90 days. City approved. ( heard that on the radio about 10 yrs ago) No round
about at hwy 17, worst thing for semi. For living here over 50 years. Peoples junk in the yards.
Have free dump day 3 times a year in 2022 only (for 1 yr. ) get clubs to help out Boy Scouts,
motorcycle club church’s . Sign a waived Incase of getting hurt picking up stuff. Moses lake
need a public market like Quincy Wenatchee. Place it across baseball field/ fire dept.
Pennisula open year round . Vacant field . Move farmer market out side there too.
12/2/2021 5:36 AM
85 New roof for my house.12/2/2021 2:07 AM
86 Infrastructure to make growth easier.12/2/2021 1:49 AM
87 Employees who worked through pandemic 12/1/2021 10:44 PM
88 911 and emergency resources.12/1/2021 10:22 PM
89 Emergency services 12/1/2021 10:17 PM
90 I would definitely say fund emergency services like fire and EMS 12/1/2021 10:15 PM
91 Emergency services 12/1/2021 9:44 PM
92 Fire department staffing 12/1/2021 9:31 PM
93 More fire dept staffing including a new fire station. Increase in staffing is a must before
someone gets hurt or killed.
12/1/2021 9:17 PM
94 Ensuring that our emergency response services such as ambulance, fire, police, Emergency
room staff are staffed and retained to provide essential services to the community when in
need.
12/1/2021 9:12 PM
95 Community growth 12/1/2021 9:05 PM
96 Fire and EMS assistance for more personal 12/1/2021 8:47 PM
97 Fire and EMS where it should be 12/1/2021 8:45 PM
98 Firefighter staffing 12/1/2021 8:43 PM
99 Emergency service funding 12/1/2021 8:37 PM
100 More emergency services ambulances paramedics and fire stations in community area that
are underserved
12/1/2021 8:27 PM
101 New fire station 12/1/2021 8:16 PM
102 Fire department staffing and additional fire stations.12/1/2021 8:13 PM
103 New fire station 12/1/2021 8:13 PM
104 Staffing for the fire department 12/1/2021 8:09 PM
105 Fire department 12/1/2021 7:53 PM
106 I would encourage retail growth here so that our tax dollars stay locally. It would also
encourage people living in the outlying areas want to shop closer to “home”.
12/1/2021 7:41 PM
107 Fire department staffing 12/1/2021 7:37 PM
108 Fire and EMS, Police 12/1/2021 7:37 PM
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109 Emergency services 12/1/2021 7:36 PM
110 Public service. Firefighters and EMTs 12/1/2021 7:32 PM
111 Fire department 12/1/2021 7:31 PM
112 Emergency Response 12/1/2021 7:30 PM
113 Pay down my mortgage 12/1/2021 7:25 PM
114 Hiring more healthcare staff. From nursing homes to hospitals.12/1/2021 7:16 PM
115 Helping people in our community that was impacted.12/1/2021 7:13 PM
116 Building an infrastructure that promotes safety and develops a foundation for growth in the
population and economy.
12/1/2021 6:44 PM
117 Fire/EMS staffing. The personnel numbers that the city thinks is acceptable is comical.
Compare your numbers to other agencies running similar call volumes. Compare amount of
stations with other cities that have similar populations/calls…… it’s a joke, Moses lake is
poorly prepared in the event of a mediocre emergency. Mutual aide will not always be available
or may not respond at all. You shouldn’t have to rely on them except for very few occasions
that are extraordinary.
12/1/2021 4:13 PM
118 Investing in city infrastructure and amenities to make Moses Lake a better community.12/1/2021 3:04 PM
119 Emergency response 12/1/2021 2:16 PM
120 Fixing needed infrastructure like water pumps, reservoirs to meet the growing population, and
invest money to re engineer or build more transportation options like buying the airport terminal
and work with the port to get some regional flights out of Moses Lake through airlines such as
Alaska, United or Delta. Another possibility would be to target growing social issues affecting
some of our residents like housing, and invest in a year round shelter for anyone who needs
help or needs to cool down in the summer and stay warm in the winter. Another possibility
would be to add more first responders to meet the respective per portion between services and
the population along with pushing new initiatives to welcome more financial companies and
commercial zones to be properly filled.
12/1/2021 2:02 PM
121 increasing our public safety in Fire, EMS, and Law enforcement 12/1/2021 1:41 PM
122 Public services such as Emergency Medical Service. They worked hard during this pandemic
and now would be the time to reinforce that sector while COVID-19 cases are manageable. As
more unknowns and variants continue to arise, we will again be relying on EMS for all
emergent public health needs.
12/1/2021 1:39 PM
123 Increased Fire/EMS staffing or third station 12/1/2021 1:35 PM
124 Jobs or job training for all, not a select few.12/1/2021 1:34 PM
125 Adding vaccinated emergency staff.12/1/2021 1:33 PM
126 More Firefighters 12/1/2021 1:25 PM
127 Fire-department they are running more calls with less people!12/1/2021 1:11 PM
128 Police services. The crime in our city continues to multiply and people are feeling fearful and
unprotected.
12/1/2021 1:05 PM
129 Supporting the community and what we have now. We can’t keep growing until we fix what we
have. Making sure all city employees are happy. The fire department is overworked and tired.
They are one of the only departments that worked through the whole pandemic. With increased
in call volume they need support from the city to help with burn out rate. If something is not
changed staffing will just get wore. Imagine calling 911 and having no one show up. The city is
not far from that. Putting money into all this business to keep them floating. If other
businesses see how successful Moses Lake is they will want to bring there business into town
as well.
12/1/2021 12:58 PM
130 Increased staffing for the fire department. This helps protect citizens and firefighters of moses
lake.
12/1/2021 12:54 PM
131 A whole new group of leaders 12/1/2021 12:45 PM
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132 Police, Firefighters, EMT. And even trade workers, they keep things running and safe.12/1/2021 12:43 PM
133 Fire Dept. services, increase staffing. Police services.12/1/2021 12:39 PM
134 Staffing of fire department 12/1/2021 12:36 PM
135 To increase emergency services personnel and police support. Keep our community safe! 12/1/2021 12:30 PM
136 A new fire station and 15 additional dual role Fire/EMS personnel 12/1/2021 12:15 PM
137 A performing arts center 12/1/2021 10:09 AM
138 Low income housing 12/1/2021 9:57 AM
139 Caught up on bills!12/1/2021 9:53 AM
140 Expanding the trail system, adding wider sidewalks, and creating areas in town that encourage
outdoor dining and other outdoor activities.
12/1/2021 8:02 AM
141 Social programming beyond special Olympics for the disabled adult community. They lost so
much social time during the shut down. They are amazing people!
11/30/2021 9:07 PM
142 Appropriate staffing of emergency services.11/30/2021 9:04 PM
143 Utility bill relief 11/30/2021 8:55 PM
144 Increasing tourism to bring more dollars to Moses Lake & funding the small businesses of
Moses Lake.
11/30/2021 7:53 PM
145 How about more basketball and pickel ball courts in city parks. Or a park with a walking track
around it. New updated playground equipment. Other cities have amazing playground
equipment...we should also. Playground equipment could use a sun cover in the summer.
11/30/2021 7:51 PM
146 Mental illness 11/30/2021 7:46 PM
147 Further staffing for Ems and fire protection.11/30/2021 7:03 PM
148 Removing the City manager and her bike path’s she insists on creating.11/30/2021 6:50 PM
149 Essential services fire ambulance do to more people requiring medical care when they were
sick.
11/30/2021 6:50 PM
150 Clean up all of the garbage around town from the homeless.11/30/2021 6:38 PM
151 EMS personnel 11/30/2021 6:33 PM
152 Emergency Staffing. Ems, Fire 11/30/2021 5:33 PM
Moses Lake Council Packet 2-22-22, Page 27 of 156
City of Moses Lake – ARPA Consideration
ARPA (American Rescue Plan Act) funding is support provided to eligible state, local, territorial,
and tribal governments to help these entities respond to and recover from the COVID-19
emergency. Specifically, the funds are intended to provide a substantial infusion of resources to
help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a
strong and equitable recovery process.
Treasury launched the relief to:
• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and
bring the pandemic under control
• Replace lost revenue for eligible state, local, territorial, and Tribal governments to
strengthen support for vital public services and help retain jobs
• Support immediate economic stabilization for households and businesses
• Address systemic public health and economic challenges that have contributed to the
inequal impact of the pandemic
The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each
government to meet local needs—including support for households, small businesses, impacted
industries, essential workers, and the communities hardest hit by the crisis. These funds can also
be used to make necessary investments in water, sewer, and broadband infrastructure. There is
specific guidance for the use of the funds in the Interim Final Rule published by the Department of
Treasury.
After review of the Interim Final Rule, and after evaluating the needs that have been identified
through the City’s Comprehensive Planning process, and the emergent needs that have been
identified in the City’s 2022 budget process, staff recommended the following for the 2022
budget:
Note that Moses Lake is classified as a non-metropolitan city and received notice of $6,723,558 in
federal funding, of which the city received half in May 2021 with the second half expected in May
2022.
Proposed ARPA funding 2021 2022 2023
Admin (three year contract employee to
support) 10,558 121,000 121,000
Reimburse losses - 2020 LTAC 200,000
COVID response
Ambulance replacement 280,000
Four firefighter/EMT/Paramedic 500,000 500,000
Police MHP - outreach 16,000
Capital Projects related to health
Water extension to Cascade Valley 100,000 1,000,000
Sewer extension to Cascade Valley 100,000 1,000,000
Downtown Stormwater 500,000
Moses Lake Council Packet 2-22-22, Page 28 of 156
Gravel Streets 500,000
Resident Support (utility relief carryover) 50,000
Business Support
Food Truck Plaza 30,000 120,000
Business/Arts Support 75,000
Chronic Homeless Support
Transformational Campus Development 500,000 1,000,000
Subtotals 290,558 1,812,000 4,621,000
TOTAL 6,723,558
In December 2021, staff carried out a community wide survey to confirm uses for the proposed
funds. In addition, the Final Rule was distributed for the use of the funds. Upon the review of the
survey and Final Rule, staff is recommending the following changes:
Proposed ARPA funding - Update after
survey 2022 2023
Admin ( contract employee to support) 126,000 126,000
Reimburse losses - 2020 LTAC* 190,000
COVID response
Ambulance replacement 280,000
Four firefighter/EMT/Paramedic 300,000 500,000
Police MHP - outreach 25,000 25,000
Capital Projects related to health
Water extension to Cascade Valley 100,000 1,000,000
Sewer extension to Cascade Valley 100,000 1,000,000
Downtown Stormwater 500,000
Gravel Streets 500,000
Resident Support 51,558
Business Support
Food Truck Plaza 300,000
Business/Arts Support 100,000
Chronic Homeless Support
Sleep Center relocation - homeless
services identified needs 500,000 1,000,000
Subtotals 2,072,558 4,651,000
TOTAL 6,723,558
*Calculation for LTAC
Moses Lake Council Packet 2-22-22, Page 29 of 156
MOSES LAKE CITY COUNCIL February 8, 2022
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Hankins with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Mayor Hankins; Deputy Mayor Myers; Council Members Fancher, Eck, Martinez, Swartz, and Madewell.
PLEDGE OF ALLEGIANCE
Deputy Mayor Myers led the Flag Salute. AGENDA APPROVAL
Action taken: Council Member Eck moved to approve the Agenda as presented, second by
Council Member Fancher. The motion carried 7 – 0.
2022 COUNCIL CEREMONIAL OATH OF OFFICE Superior Court Judge Anna Gigliotti administered an Oath of Office to Council Member Madewell.
SUMMARY REPORTS MAYOR’S REPORT
Homeless Mayor Hankins discussed the importance of having the sleep center due to the 9th Circuit
Court decision that allows camping on public property if the resource is not provided.
CITY MANAGER’S REPORT Introduction of New Finance Director
An introduction was given of the new Finance Director Madeline Prentice. Fire Service Pins and Awards Fire Chief Brett Bastian issued years of service pins, administered Oaths of Duty, awarded the Paramedic and Firefighter of the Year, and announced his recent
commendation medals. Port of Moses Lake Railroad Project Update Milt Miller, Facilities Director with the Port of Moses Lake, provided an update on the Railroad Project that started around 2007-2008. The Port has secured $30 million in
funding for this project which is anticipated to be open for bid this fall and completed in
2024. Segment 2, which would connect the line to SGL or Genie, is on hold until there is a customer that truly wants it. The core of the project is Segment 1 which is the new line connecting behind Ameristay and the rehabilitation of Segment 3 which would reach the fuel farms at the Port.
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CITY COUNCIL MINUTES – February 8, 2022
pg. 2
MLIRD Joint Water ILA Update City and MLIRD staff are coordinating an agreement that provides for the early planning and cooperation to transition from drinking water to lake water for irrigation. MLIRD
Board Member Kaj Selmann shared their enthusiasm for partnering with the City and
getting the irrigation plan from the lake under way. Ad Hoc Homeless Committee Recommendation The Ad Hoc Homeless Committee recommended to move forward with the feasibility
study to have a plan eligible for funding and determine options for the location of a
permanent sleep center. Council commented on the timeliness to establish a new site before the lease expires at the temporary location on September 30, 2023, to avoid any disruption of services.
Action taken: Council Member Swartz moved to move forward with the relocation of the sleep
center without the feasibility study, second by Council Member Madewell. The motion failed 3 – 4. Mayor Hankins, Deputy Mayor Myers, Council Members Eck and Martinez were opposed. Action taken: Council Member Martinez moved to move forward with the feasibility study with
the focus on relocation of the sleep center, second by Council Member Eck. The motion carried 4 – 3. Council Members Madewell, Swartz, and Fancher were opposed. Sleep Center Security Contract Termination There have been several issues with the performance of the current security company.
Staff has vetted Phoenix Protective Corporation to replace the current vendor following
the required 30-day written notice. Action taken: Deputy Mayor Myers moved to terminate the Sleep Center Security Contract and begin a contract with Phoenix Security, as presented, second by Council Member Martinez. The
motion carried 7 – 0.
PUBLIC HEARING
#1 Blanchet Rd. Right-of-Way Vacation Ordinance 3000 Rick Penhallurick requests to vacate a Right-of-Way (ROW) adjacent to two
of his properties. Council adopted Resolution 3875 on January 11 to set the hearing date and staff posted the notice of hearing as required by state statute. Mayor Hankins opened the Public Hearing at 8:05 p.m. There was no public testimony, and the hearing was closed. The City will maintain a 10 ft. utility easement on the property and will use half
of the proceeds for improvements at Harrison-Dano Park.
Action taken: Council Member Eck moved to adopt Ordinance 3000 as presented, second by Council Member Swartz. The motion carried 6 – 0. Council Member Fancher recused himself from the vote.
CITIZEN’S COMMUNICATION
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CITY COUNCIL MINUTES – February 8, 2022
pg. 3
Homeless Shelter Location Seth Haberman of 1001 N. Grape Dr. provided comments remotely on the present homeless issues that his school/church are currently having and his concern with the proposed location for
the transitional campus. CONSENT AGENDA
#2 a. City Council meeting minutes dated January 25, 2022 b. Claim ACH 112-121 in the amount of $288,915.07 Checks 154955 – 155133 in
the amount of $1,793,000.56; Payroll Checks 64203 through 64209 in the amount
of $2,963.83; and Electronic Payments dated February 4, 2022, in the amount of $480,981.70. c. Herring Water Rights PSA Extension d. Accept Village Park Easement Resolution 3880
e. Drone Policy Resolution 3881
f. Multi Agency Training US Forest Service ILA g. Police Tactical Response Team ILA h. Accept Intermountain Playground Project i. Accept Building Demo Projects
j. Americold Industrial Wastewater Permit
Action taken: Council Member Madewell moved to approve the Consent Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0.
OLD BUSINESS
#3 Railroad Right-of-Way Crab Creek Crossing ILA The Port of Moses Lake has been working on the development of a new route for rail (Realignment) to access the Port of Moses Lake properties, Grant County International Airport, and other industrial properties along its route. The City will be the permitting
agency for the new Crab Creek crossing project, and this will be the first agreement of several as the entities move through the process to permit and build each segment.
Action taken: Council Member Fancher moved to approve the Railroad Right-of-Way Crab Creek Crossing ILA as presented, second by Council Member Swartz. The motion carried 7 – 0. NEW BUSINESS
#4 Award Well 34 Pump Test Staff opened bids for the Well 34 Pump Test Project on January 20, 2022. The City received two bids for the project. Empire Well Drilling submitted the low bid in the
amount of $81,300.00. The Engineer’s Estimate was $99,218.52. Empire Well Drilling
has all of their licenses in place with the State and is judged to be a responsible bidder per State requirements. Action taken: Council Member Swartz moved to award the Well 34 Pump Test as presented,
second by Council Member Fancher. The motion carried 7 – 0.
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CITY COUNCIL MINUTES – February 8, 2022
pg. 4
#5 Award Miscellaneous Sewer Repairs Staff opened bids for the Miscellaneous Sewer Repairs Project on January 26, 2022. The City received six bids for the project. POW Contracting submitted the low bid in the
amount of $437,724.62. The Engineer’s Estimate was $658,204.80. POW Contracting
has all of their licenses in place with the State and is judged to be a responsible bidder per State requirements. Action taken: Deputy Mayor Myers moved to award the Miscellaneous Sewer Repairs as
presented, second by Council Member Martinez. The motion carried 6 – 0. Council Member Eck was absent for the vote. #6 Reject Reservoir 2 Painting Bids Staff opened bids for the Reservoir 2 Painting Project on January 27, 2022. The City
received six bids for the project. The two lowest bids submitted were for the amounts of
$241,721.16 and $302,847.92. The Engineer’s Estimate was $344,603.60. Staff is recommending that the process for submitting supplemental bidder criteria be updated in the contract documents in order to reflect a clearer process for bidders and incorporates all legal requirements, and therefore all bids be rejected.
Action taken: Council Member Martinez moved to reject any and all bids for the Reservoir 2 painting as presented, second by Mayor Hankins. The motion carried 7 – 0. #7 Extra Territorial Agreement Policy Discussion
City staff are developing a policy that provides clarification and guidance for processing Extra Territorial Agreements. The process will include how they should be presented to City Council for consideration of approval for new and expired agreements in order to sustain services for growth in the city limits.
#8 2022 Water System Plan Development
There were five proposals received from to prepare the 2022 Water System Plan. The selection team found RH2 to be most qualified for the work. However, the negotiated fees were much higher than expected and the provided scope of work did not include the critical long term irrigation plan chapter. Municipal Services Director Bren is requesting
Council approve staff to conduct the work to develop the Water System Plan. Action taken: Council Member Eck moved to approve staff development of the 2022 Water System Plan as presented, second by Council Member Swartz. The motion carried 7 – 0.
#9 2022 Wastewater System Plan Consultant Selection On November 2, 2021, the Municipal Services Department Engineering Division advertised a Request for Qualifications for engineering consultants interested in creating an updated Comprehensive Wastewater System Plan. Staff scored qualifications from
two consultants that formally responded to the request and selected Keller & Associates.
Action taken: Council Member Eck moved to award the consulting contract to Keller & Associates as presented, to include the addition of the task to interview stakeholders, second by
Moses Lake Council Packet 2-22-22, Page 33 of 156
CITY COUNCIL MINUTES – February 8, 2022
pg. 5
Council Member Swartz. The motion carried 7 – 0. #10 Build on Unplatted Ashley-Ries Resolution 3882
There has been a request from Christopher Ries on behalf of Kimberly Ries-Ashley and Justin Ashley to build on unplatted property at 2114 W. Broadway Ave. An attorney’s office is currently located on APN 11087000, and a greenhouse is located on APN 110462000. In order to comply with MLMC 13.07.060(B), the applicants have agreed to consolidate the two lots that the attorney’s office is not on, so that water can be supplied
to the greenhouse from the existing water connection. Per MLMC 13.05.150(B), the greenhouse is not required to connect to the City’s sewer system. Attorney Chris Ries spoke in favor of the proposed Resolution. Action taken: Council Member Fancher moved to adopt Resolution 3882 as presented, second by
Council Member Eck. The motion carried 7 – 0. ADMINISTRATIVE REPORTS
Community Development Project List The most recent Community Development project list was provided in the packet.
Parks 2022 SEEK Grant from AWC, WRPA, and OSPI
The Recreation Division applied for a second round of SEEK (Summer Experiences & Enrichment for Kids) grant funding from WRPA (Washington Recreation & Parks Association). They will receive $63,378.09 to be used to start a Mobile Rec Program and expand the Water Safety Program.
Walkability/Movability Action Institute (WA WAI) Program WA State Department of Health has selected QuadCo RTPO, Grant Transit Authority, and the Grant County Health District teams to attend the May Institute to develop action plans and implement policy, systems, and environmental strategies to create equitable
access to activity-friendly environments and walkability. Deputy Mayor Myers will be representing as the City’s elected official and Director on GTA Board. Staff members from Parks and Engineering were also named as Team Members on behalf of the City. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Martinez thanked Council and Staff for the invite to be on the Council Ad Hoc Homeless Committee. ADJOURNMENT
The regular meeting was adjourned at 8:56 p.m.
______________________________________ Dean Hankins, Mayor
ATTEST____________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 2-22-22, Page 34 of 156
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Council Meeting Date: February 22, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since February 8, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfers 122 – 129 $ 472,819.49 Checks 155134 – 155315 $ 904,783.84 Payroll Checks No Payroll since last meeting $ 0.00 Electronic Payments Payroll ACH $ 0.00 Summary
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 has 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 its processes to ensure appropriate internal controls are in place.
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: David Bren, Municipal Services Director
Date: February 14, 2022
Proceeding Type: Consent Agenda
Subject: Grant County Road Maintenance Interlocal Agreement
Legislative History: Financial Impact:
• First Presentation: February 22, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Overview
City Council should consider authorizing an Interlocal Agreement with Grant County Public
Works, to trade the roadway maintenance and operation of a City-owned portion of Patton
Boulevard for the maintenance and operation a County-owned portion of Valley Road. This
will greatly help with coordinating snow removal efforts between the County and the City.
County Portion of Valley Road: The City operates and maintains Valley Road from
Stratford Road through Cascade Park, apart from that portion between Paxson Drive
and Airway Drive. This portion of Valley Road is the responsibility of Grant County Public
Works to operate and maintain. The County is expending considerable time and resources
Moses Lake Council Packet 2-22-22, Page 41 of 156
Page 2 of 2
on a street that is surrounded by City roadways. The City is better suited to maintain the
County-owned portion of Valley Road.
City Portion of Patton Boulevard: In 2013, the City annexed portions of the Larson area
industrial and a small portion of apartment housing. Along with this, a portion of Patton
Boulevard was brought into city limits. This portion of Patton Boulevard is the
responsibility of the City of Moses Lake to operate and maintain as a street within city limits.
The City is expending considerable time and resources on a street that is surrounded by
County roadways. The County is better suited to maintain the city-owned portion of Patton
Boulevard.
The City and the County have mutually proposed an Interlocal Agreement to trade
operation and maintenance responsibilities of these two portions of roadways. City staff
have reviewed the proposal and support the Interlocal Agreement.
Fiscal and Policy Implications
The long-term operation and maintenance is a fiscal consideration.
Attachments
A.
B.
C.
Interlocal Agreement
Vicinity Map – Valley Road
Vicinity Map – Patton Boulevard
Finance Committee Review: N/A
Legal Review:
Type of
Document
Title of Document Date Reviewed
• ILA • County Road Maintenance February 14, 2022
Options
Option Results
• Authorize Interlocal Agreement Staff will execute agreement.
• Take no action Roadway operations and maintenance remain
the same.
Action Requested
Staff recommends City Council authorize execution of the Interlocal Agreement with Grant County.
Moses Lake Council Packet 2-22-22, Page 42 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
GRANT COUNTY – Page 1 of 5
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MOSES LAKE AND
GRANT COUNTY PUBLIC WORKS DEPARTMENT REGARDING THE MAINTENANCE OF VALLEY ROAD AND PATTON BOULEVARD
SECTION 1. PARTIES This Interlocal Agreement (“Agreement”) is entered into by and between the CITY OF MOSES LAKE, a municipal corporation of the State of Washington (“City”), P.O. Box 1579, Moses
Lake, WA 98837, and GRANT COUNTY, duly organized and operating under and by virtue of
the Constitution and the laws of the State of Washington (“Grant County”) for the mutual provision of certain public works services. SECTION 2. RECITALS
WHEREAS, the City of Moses provides municipal services to residents of the City; and WHEREAS, the Grant County Public Works Department provides municipal services to residents of Grant County; and
WHEREAS, these Agencies desire to formalize an operational framework that will encourage and promote the coordination and usage of the facilities and resources of both entities; and
WHEREAS, pursuant to the powers accorded to Counties by Chapter 39.34 RCW, Grant
County possesses the authority and desire to execute an intergovernmental cooperation agreement for this purpose; NOW, THEREFORE, in consideration of the mutual benefits of this agreement, the
parties agree as follows:
SECTION 3. TERMS AND CONDITIONS THIS AGREEMENT is written for the responsibilities of maintenance of Valley Road and
Patton Boulevard, detailing the verbal agreements the City of Moses Lake and Grant County
have been using.
3.1 The City of Moses Lake agrees to:
Maintain the full-width travel roadway of Valley Road between Paxson Drive and Crestview
Drive by patching, paint striping, street cleaning, snow and ice control, and maintaining the
traffic signal (flashing light) at the intersection of Valley Road and Airway Drive. (See Exhibit
1)
Moses Lake Council Packet 2-22-22, Page 43 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
GRANT COUNTY – Page 2 of 5
3.2 Grant County agrees to:
Maintain the full-width portion of the travel roadway of Patton Boulevard within the city limits
lying north of Craig Boulevard and south of Randolph Road by patching, maintaining shoulders,
paint striping, and snow and ice control as needed. (See Exhibit 2)
SECTION 4. FINANCING AND ADMINISTRATION Each party will be responsible to finance their responsibilities under the Agreement. The administrators for each party’s responsibilities are the Grant County Public Works Director for
Grant County and the Municipal Services Director for the City. SECTION 5. EMPLOYMENT No agent, employee, servant, or representative of the City shall be deemed to be an
employee of Grant County for any purpose and no employee of Grant County shall be deemed an employee of the City. SECTION 6. INDEMNIFICATION
6.1 Each party agrees to and shall defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees from and against any and all claims, losses, damages, judgments, or liabilities of whatever nature, including any portion thereof, arising from or related to the indemnifying party’s acts, omissions, or performance under this Agreement. It is
the intent of the parties that each party be responsible for its own actions occurring under this
Agreement. 6.2 This section shall survive termination of this Agreement.
SECTION 7. INSURANCE
Each entity shall obtain and maintain personal injury and property damage liability insurance in an amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00).
SECTION 8. DURATION This Agreement shall become effective commencing the ___ day of _____, 2022, and shall continue in effect through the ___ day of ________, 2027.
SECTION 9. TERMINATION
Either agency may terminate this Agreement, with or without cause, upon ninety (90) days written notice to the other party.
SECTION 10. NOTICE
Moses Lake Council Packet 2-22-22, Page 44 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
GRANT COUNTY – Page 3 of 5
Any notice required to be given by either party to the other shall be deposited in the
United States mail, postage prepaid, addressed to the COUNTY at:
Grant County Public Works Public Works Director 124 Enterprise St SE
Ephrata, WA 98823
Or to the CITY, at: City Clerk City of Moses Lake
PO Box1579
Moses Lake WA 98837 Or at such other address as either party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United States mail in the
manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process.
SECTION 11. DISPUTE RESOLUTION
In the event of any dispute or difference arising by reason of this Agreement or any provision or term thereof or the use of and/or payment for any facility for the purpose of this Agreement, and prior to initiation of any litigation, the dispute or difference shall be resolved
jointly by Grant County’s Public Works Director or County Engineer and Municipal Services
Director. A party must envoke the dispute resolution clause in writing and notify Grant County Public Works Director, if initiated by the City, or the Municipal Services Director, if initiated by the County. The parties agree time is of the essence in resolving such disputes and differences. All disputes and differences shall be addressed within 30 days of the other party’s receipt of
notification unless the parties agree to extend the time.
Formal notification to initiate litigation shall be in the form of Certified Letter to the Grant County Public Works Director, if initiated by the City, or the City Manager, if initiated by the County.
SECTION 12. APPLICABLE LAW, JURISDICTION, AND VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. Any litigation arising out of this Agreement shall be submitted to the Superior
Court of the State of Washington for Grant County, or in the case of a federal action, in the
United States District Court for the Eastern District of Washington at Spokane, Washington..
Moses Lake Council Packet 2-22-22, Page 45 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
GRANT COUNTY – Page 4 of 5
SECTION 13. THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to this Agreement, and this Agreement shall not be
interpreted to create such rights. SECTION 14. INTEGRATED AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement of the parties, and may be amended at
any time in writing by mutual agreement. SECTION 15. INVALIDITY
Any provision of this Agreement which shall prove to be invalid, void or illegal shall in
no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect despite such invalidity or illegality. SECTION 16. GENERAL PROVISIONS
16.1 This Agreement shall be effective upon the duly-authorized signatures of the parties’ representatives. 16.2 This agreement supersedes all prior interlocal agreements between the parties.
IN WITNESS WHEREOF, The City of Moses Lake and Grant County have executed this agreement as of the date and year last written below.
Executed this ____ day of ________ , 2022 Executed this ____ day of ________ , 2022
BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON CITY OF MOSES LAKE, WASHINGTON
____________________________________ __________________________________
Danny E. Stone, Chair Allison Williams, City Manager ___________________________________ Rob Jones, Vice-Chair
____________________________________ Cindy Carter, Member Attest:
___________________________________ Barbara J. Vasquez, Clerk of the Board
Moses Lake Council Packet 2-22-22, Page 46 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
GRANT COUNTY – Page 5 of 5
Approved As To Form:
_________________________________ Rebekah M. Kaylor WSBA No. 53257 Chief Civil Deputy Prosecuting Attorney
Date: _____________________________
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Moses Lake Council Packet 2-22-22, Page 48 of 156
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Susan Schwiesow, Parks, Recreation & Cultural Service Director
Date: February 16, 2022
Proceeding Type: Consent Agenda
Subject: Accept Skate Park Bowl & Lighting Addition
Legislative History: Financial Impact:
• First Presentation: February 22, 2022 Budgeted Amount:
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Moses Lake Rotary approached the city in September of 2019 about updating the Skate Park for
their community service project. The Skate Park is well over 25
years old, it is constructed of metal, which most modern skateparks
are constructed out of concrete. Moses Lake Rotary, Steve Ausere
and Spencer Grigg meet about the
project to discuss varies options that
would benefit the Skate Park and the
community. They decided that lighting
and adding skateable features to the
park were the best options. Moses
Lake Rotary along with Moses Lake Parks, Recreation and Cultural
Services department looked at all funding options from grants to local
funding sources. In the end, Moses Lake Rotary was able to fundraise
$141,000 for the Skate Park project.
Moses Lake Rotary Club has completed the work for the project. The
project consisted creating a concrete bowl and adding lighting.
The work completed by the Rotary is physically complete and ready for acceptance.
Fiscal and Policy Implications
N/A
Moses Lake Council Packet 2-22-22, Page 50 of 156
Page 2 of 2
Finance Committee Review
N/A
Legal Review N/A
Options
Option Results
• Accept the project presented Accepted project will be the city’s responsibility
• Take no action The project won’t be accepted at this time
Action Requested
Staff recommends accepting the Skate Park bowl addition.
Moses Lake Council Packet 2-22-22, Page 51 of 156
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Madeline Prentice, Finance Director
Date: February 16, 2022
Proceeding Type: Consent Agenda
Subject: Temporary Suspension of Water Shutoff Resolution 3883
Legislative History: Financial Impact:
• First Presentation: January 11, 2022 Budgeted Amount: N/A
• Second Presentation: February 22, 2022 Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Implementation of the City’s new utility billing software went live on January 7, 2022. We have
completed the billing for January 10th, 20th and 30th billing cycles utilizing data previously collected
in the Datanow software. However, the January billings were significantly delayed. Post go-live,
during the January meter reading and billing cycles, City staff identified deficiencies in the new
system that required additional software development by Innoprise. These deficiencies and
continued delays by Innoprise to successfully configure the meter reading interface, have
prohibited utility staff from producing February statements in a timely manner.
Until Innoprise can provide a stable solution that enables staff to resume normal billing and
business operations, City staff is requesting to continue temporary suspension of delinquent shut-
off. We are hopeful that we can reinstate delinquent turn-off procedures in April.
Fiscal and Policy Implications
Estimated total loss of revenue for collection of late fees for the months of February and March
will be $12,000.00.
Council Packet Attachment
A. Resolution 3883
Moses Lake Council Packet 2-22-22, Page 52 of 156
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
Resolution Suspend Water Service
Termination
February 2022
Options
Option Results
• Adopt as presented Late fees and water shut-off will resume after
March 31, 2022
• Provide staff with changes Staff would follow requested changes
• Take no action City will be out of compliance with MLMC 13.12
Action Requested
Motion to adopt resolution to authorize Utility Billing Department to postpone February and
March shut-off as presented.
Moses Lake Council Packet 2-22-22, Page 53 of 156
RESOLUTION 3883
A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUSPEND WATER SERVICE TERMINATION PROCEDURES THROUGH MARCH 31, 2022.
Recitals: 1. Moses Lake Municipal Code (MLMC) Chapter 13.12 sets forth the process for delinquent
utility accounts.
2. MLMC 13.12.053 requires a notice of termination of water service for all past due utility
accounts.
3. Implementation of the City’s new utility billing software has created a delay in meter
reading and billing procedures which makes it impossible to pursue water service
termination for past due utility accounts for a period of sixty (60) days.
4. The City must suspend water service terminations through March 31, 2022, in order to
complete the implementation of the new utility billing software.
Resolved: NOW, THEREFORE, be it resolved by the City Council of the City of Moses Lake, Washington, as follows:
The Finance Director is hereby authorized and directed to suspend water service termination procedures for delinquent utility accounts through March 31, 2022, for staff to complete the implementation of the new utility billing software, and to waive the associated delinquent service charge for those accounts.
PASSED by the City Council of the City of Moses Lake on this 22nd day of February, 2022. ___________________________________
Dean Hankins, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 2-22-22, Page 54 of 156
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: Revised February 22, 2022
Proceeding Type: New Business
Subject: Draft MLIRD Interlocal Planning Agreement
Legislative History: Financial Impact:
•First Presentation: February 22, 2022 Budgeted Amount: N/A
•Second Presentation: Unbudgeted Amount: N/A
•Action: Discussion Total Cost: N/A
Overview
The City of Moses Lake uses domestic drinking
water to irrigate green spaces. The Summer
use of domestic drinking water is (4) times as
high as the Winter use and we are using most
of our available water rights during the
Summer.
If the City could find a way to use irrigation
water for irrigation and use domestic drinking
water rights for future growth. Finding an
irrigation water alterative is important to the
City’s future water system plans and
capacities.
Surrounded by Irrigation Water: Moses Lake is (in part) an irrigation water reservoir and the
irrigation water rights associated with the lake water belong to the Moses Lake Irrigation and
Reclamation District (MLIRD). Most of the City is within the MLIRD service area and the MLIRD is
interested in exploring opportunities to make its irrigation water available for use in the City.
Through joint cooperation and dialogue, the MLIRD and the City could explore the opportunities
to create a delivery system for irrigation water to City residents.
Interlocal Planning Agreement: A interlocal planning agreement is the first step in working with
the MLIRD. This will allow the respective agency staff to start working together to identify
options for furthering the goal of making MLIRD lake water available for irrigation in the City.
Identified options would include analysis and discussion of the financial piece, engineering, and
Council 2-22, revised page 55 and 56
Page 2 of 2
legal rights and obligations of the parties. Working together cooperatively through an interlocal
agreement will be the first step in determining the long term viability of developing the MLIRD
water right into an irrigation water delivery system within the City.
Fiscal and Policy Implications
The City of Moses Lake has never constructed, operated,
or maintained a separate irrigation utility system. The
costs to do so would be very high and similar to domestic
water mains on a linear foot costing. However, the costs
could be spread out over several decades and could be
conducted in a phased plan, starting with the big
irrigation users. This could grow an Irrigation Utility which
could fund its own growth over time.
Phase 1: Parks and Ball Fields
Phase 2: Industrial/Commercial/Agricultural uses
Phase 3: New Development
Phase 4: High Density Old Developments
Council Packet Attachments
A. MLIRD Interlocal Planning Agreement (DRAFT)
Finance Committee Review
N/A
Legal Review:
Type of
Document
Title of Document Date Reviewed by Legal
Counsel
•ILA •Interlocal Planning Agreement
Action Requested
No action is requested at this time. This discussion is intended to introduce the Draft MLIRD
Interlocal Planning Agreement for Council comment. In addition, the Interlocal agreement is still
under review for update.
Council 2-22, revised page 55 and 56
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 1 of 6
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND RECLAMATION DISTRICT
REGARDING STAFF PLANNING AND COOPERATION
ON A FUTURE CITY IRRIGATION UTILITY
SECTION 1. PARTIES
This Interlocal Agreement (“Agreement”) is entered into by and between the CITY OF MOSES
LAKE, a municipal corporation of the State of Washington (“City”), and the MOSES LAKE
IRRIGATION AND REHABILITATION DISTRICT, an RCW Chapter 87.84 irrigation and
rehabilitation district (“MLIRD”), and both collectively referred to as the “Parties,” for the
mutual provision of certain irrigation planning and cooperation activities.
SECTION 2. RECITALS
WHEREAS, the MLIRD and the City maintain, for the benefit of the customers and
citizens of their respective jurisdictions, water rights, water infrastructure including reservoirs
and delivery systems for providing services within the jurisdictional limits or service area of each
of the above entities; and
WHEREAS, the Parties desire to enter into an agreement for joint planning and use of
water rights in the best interests of the public and the environment; and
WHEREAS, the Parties desire to set forth their rights, duties, and responsibilities with
respect to said agreement, as allowed by State law; and
WHEREAS, the Interlocal Cooperation Act, RCW 39.34, allows municipal corporations
to enter into agreements for the joint pursuit and exercise of their authority; NOW,
THEREFORE,
NOW, THEREFORE, in consideration of the covenants contained herein, the Parties
agree as follows:
SECTION 3. TERMS AND CONDITIONS
1. Interlocal Formation. Pursuant to authority granted by Chapter 39.34 of the Revised
Code of Washington, the Parties do hereby agree to engage in joint planning and cooperation
regarding water rights, water infrastructure, and water use in accordance with the terms and
conditions as set forth below.
Moses Lake Council Packet 2-22-22, Page 57 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 2 of 6
2.Joint Planning and Cooperation. The parties hereby agree to joint planning and
cooperation regarding water rights, water infrastructure, and water usage as follows:
a.Both parties will contribute funds to the development of a joint irrigation plan at a 50/50
cost sharing rate. Similar plans by other consultants cost upwards of $60,000-$100,000.
b.City staff and MLIRD staff or appointed representative board member(s) are authorized
to work together and share information in order to develop an infrastructure plan that
maximizes value to our mutual stakeholders. Both parties consent to third party review
of the outcomes and commit to a public process to review the outcomes. Each party
may use their executive powers for closed session deliberations if matters pertain to
acquisition of real property, potential litigation, or other qualifying subject.
c.City of Moses Lake and MLIRD will mutually support each other in pursuing
regulatory or legislative changes that may be required in order to implement an agreed
upon plan.
d.The parties agree to a series of work sessions and collaboration over (12) months in
2022-2023 to study how each party’s long-term planning, missions, statutory
responsibilities, and infrastructure can be maximized for public benefit. Topics will
include statutory authorities, real property assets, financial assets, areas of expertise,
organizational capacity, and other relevant planning categories. At the end of the (12)
month period, elected officials from both organizations will be briefed on the results,
recommendations, and proposed next steps.
3.Insurance and Waver of Subrogation. Each entity shall obtain and maintain personal
injury and property damage liability insurance in an amount not less than ONE MILLION AND
NO/100 DOLLARS ($1,000,000.00) combined single limit per occurrence and TWO MILLION
AND NO/100 DOLLARS ($2,000,000.00) aggregate for bodily injury and property damage
covering any injury or damage arising from or related to activities undertaken pursuant to this
Agreement, which policies shall name the other Party to this agreement as an additional insured.
Each such policy will provide a 30-day cancellation notice to the additional insured. Each party
shall provide the other with a certified copy of the insurance policy prior to any activity being
undertaken pursuant to this Agreement, and shall provide a certified copy of the insurance policy
to the other party each time said policy has been renewed. Failure to renew the policy,
cancellation of the policy, and/or failure to provide a certified copy of the insurance policy
showing renewal shall cause an immediate termination of this agreement. The insurance of the
Party whose action(s) or inaction(s) are determined to be more than fifty percent at fault pursuant
to RCW Ch. for the injury or property damage shall be primary.
The Parties, for themselves and their respective insurers, agree to and do hereby, to the extent the
damage or injury to their property is covered by insurance, release each other of and from any
and all claims, demands, actions, and causes of action that each may have or claim to have
against the other for loss or damage to the property of the other, both real and personal,
notwithstanding that any such loss or damage may be due to or result from the negligence of
either of the parties hereto or their respective employees or agents.
Moses Lake Council Packet 2-22-22, Page 58 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 3 of 6
4. Indemnity and Hold Harmless. Each Party agrees to assume responsibility of all
liabilities that occur or arise as to third parties in any way out of the performance of this
Agreement by its personnel, contractors, employees, agents, and other representatives only, and
to indemnify and hold harmless the other Party, its employees, agents, representatives, insurers,
and officials, from all costs, expenses, losses, and damages, including cost of defense and
attorneys fees, incurred as a result of any acts and/or omission of the indemnifying Party’s
employees, contractors, agents, or representatives that relate to the performance of this
Agreement.
5. Compensation for Employees.
a. The City and MLIRD shall each maintain suitable workman’s compensation
coverage for its own paid employees without cost to the other Party to this Agreement. Each
Party shall pay its own personnel without cost to the other Party. Said payroll shall include
existing employee benefits such as vacation time, retirement benefits, shift arrangements, health
and accident insurance, and such other benefits as exist in each jurisdiction, all without cost to
the other during normal working hours.
b. Notwithstanding Paragraph 5.a, the City and MLIRD shall each agree to
reimburse the other Party for actual costs of labor incurred for emergency response outside of
that Party’s normal working hours. Or if any work is reimbursed by another entity, such as
FEMA, then the MLIRD and City shall agree to reimburse the other party for its fair share of
said reimbursement, including labor, equipment, materials and other associated costs.
6. Equipment Repair, Maintenance and Operation. Each of the Parties shall be fully
responsible for all repairs, maintenance, and upkeep of all its own equipment used pursuant to
this Agreement, while said equipment is used outside of its operational or municipal boundaries,
said repair, upkeep, and maintenance to include gas, oil lubrication, parts replacement, and repair
of casualty damage. The equipment and vehicles used pursuant to this Agreement, shall only be
operated by the employees of the Party providing the equipment or vehicles.
7. Study Outcomes and Next Steps. The parties agree to study and consider whether
formation of a Board of Joint Control would be advisable to move the collective objectives of the
parties. The analysis will determine the breadth and need of roles for the parties carrying out the
identified need. Should a joint board be created to manage implementation, that would be a
recommended outcome of the study. Another outcome may be that roles are clearly defined and
that each party may be able to move forward on their own. The creation of a joint board is an
entirely separate effort that will require a deep dive to identify roles, responsibilities, the
delegation of duties to the board by the respective parties and the legal rights of providing the
service by the MLIRD and City water utility.
Moses Lake Council Packet 2-22-22, Page 59 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 4 of 6
8. Cost Allocation. No money payments shall be made for manpower or equipment, except
in the case of a “Major Event”, except for overtime if another entity, such as FEMA, provides
reimbursement for any or all the costs incurred. All materials transferred pursuant to this
contract shall be replaced with like materials by the Party that requested assistance.
9. Term/Termination. This Agreement shall become effective thirty (30) days after being
signed and the provision of the certified copies of the insurance policies to both parties as called
for in paragraph 3 above, whichever occurs later, and shall remain in full force and effect for one
year from the first date indicated above, and shall be automatically renewed from year to year by
the Parties after an annual review, unless terminated. This Agreement may be terminated by
either Party giving notice in writing of its intention to terminate no less than ninety (90) days
from or after the date of said notice.
10. Severability. If any provision of this Agreement or this application is held invalid, the
remainder of the Agreement shall not be affected.
SECTION 4. NOTICE
Any notice required to be given by either party to the other shall be deposited in the
United States mail, postage prepaid, addressed to the City at:
City of Moses Lake
City Clerk
PO Box 1579
Moses Lake WA 98837
Or to the MLIRD, at:
Moses Lake Irrigation and Rehabilitation District
934 E Wheeler Rd
Moses Lake WA 98837
Or at such other address as either party may designate to the other in writing from time to time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United States mail in the
manner prescribed herein. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other legal
process.
Moses Lake Council Packet 2-22-22, Page 60 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 5 of 6
SECTION 5. DISPUTE RESOLUTION
In the event of any dispute or difference arising by reason of this Agreement or any
provision or term thereof or the use of and/or payment for any facility for the purpose of this
Agreement, and prior to initiation of any litigation, the dispute or difference shall be resolved
jointly by the MLIRD Director and the City Municipal Services Director. The parties agree time
is of the essence in resolving such disputes and differences. All disputes and differences shall be
addressed within 30 days of the identification of the dispute and difference.
Formal requests to initiate litigation shall be in the form of Certified Letter to the MLIRD
Director , if initiated by the City, or the City Manager, if initiated by the MLIRD. The parties
hereby agree to be bound by the laws of the State of Washington and subjected to the jurisdiction
of the State of Washington. The parties hereby stipulate that this Interlocal Agreement shall be
governed by the laws of the State of Washington and that any lawsuit regarding this contract
must be brought in Grant County, Washington, or in the case of a federal action, in the United
States District Court for the Eastern District of Washington at Spokane, Washington.
SECTION 6. APPLICABLE LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. Any litigation arising out of this Agreement shall be submitted to the
Superior Court of the State of Washington for Grant County.
SECTION 7. THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to this Agreement, and this Agreement shall not be
interpreted to create such rights.
SECTION 8. INTEGRATED AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement of the parties and may be amended at
any time in writing by mutual agreement.
SECTION 9. INVALIDITY
Any provision of this Agreement which shall prove to be invalid, void or illegal shall in
no way affect, impair or invalidate any of the other provisions hereof and such other provisions
shall remain in full force and effect despite such invalidity or illegality.
Moses Lake Council Packet 2-22-22, Page 61 of 156
__________________________________
ILA BETWEEN CITY OF MOSES LAKE AND
MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT – Page 6 of 6
SECTION 13. GENERAL PROVISIONS
a. This Agreement shall be effective upon the duly-authorized signatures of the
parties’ representatives.
b. This agreement supersedes all prior interlocal agreements between the parties.
IN WITNESS WHEREOF, The City of Moses Lake and Moses Lake Irrigation and
Rehabilitation District have executed this agreement as of the date and year last written below.
Executed this ____ day of ________ , 2022 Executed this ____ day of ________ , 2022
MOSES LAKE IRRIGATION AND
REHABILITATION DISTRICT,
WASHINGTON
CITY OF MOSES LAKE, WASHINGTON
____________________________________ __________________________________
, MLIRD Manager Allison Williams, City Manager
Attest:
___________________________________
Debbie Burke
City Clerk
Approved As To Form: Approved As To Form:
Rettig, Forgette, Iller & Bowers
________________________________
___________________________________
Brian J. Iller
Attorneys for MLIRD
Katherine Kenison
City Attorney
Moses Lake Council Packet 2-22-22, Page 62 of 156
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: February 16, 2022
Proceeding Type: New Business
Subject: Commerce Consolidated Homeless Grant ILA
Legislative History: Financial Impact:
• First Presentation: February 22, 2022 Budgeted Amount: $331,851.00
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost: $331,851.00
Overview
The City has developed different programs focusing on a holistic approach to reducing
homelessness. The City’s goal is to meet the clientele where they are and prioritize housing and
stability management to ensure successful exits from homelessness. The City has proven that it
can develop programs and administering grant funds in an effective and efficient manner to
address homelessness.
In July 2021, the City applied for additional funding through the Consolidated Homeless Grant to
receive additional funding for Hotel Leasing and Rapid Re-housing. The City has already
established a Rapid Re-Housing program (including hotel/motel vouchers) that utilizes the
Emergency Solutions Grant CV-19 through a partnership with HopeSource. Households can
receive rental assistance for first month’s, last month’s rent, and security deposit, as well as
housing stability case management services. With the program infrastructure in place, the City
has the capacity to serve additional households through Rapid Re-Housing with additional
funding provided through grant funds.
Through Grant County, the City has been allocated Three Hundred Thirty-One Thousand, Eight
Hundred Fifty-One Dollars ($331,851.00) for Hotel Leasing and Rapid Re-housing. As required
through the implementation of the City’s Housing Action Plan, and in compliance with HB1220,
this funding will increase the City’s dedication to providing housing to our community at every
income level. This funding requires that clients’ household income cannot exceed thirty percent
of the area median income (AMI). This additional funding will also help the City with meeting
goals of the Grant County Plan to End Homelessness.
With a Hotel Leasing and Rapid Re-housing program in place, the City plans to subcontract with
HopeSource to utilize these funds in providing rental assistance, hotel vouchers, and case
management. The City Attorney is currently reviewing a drafted contract with HopeSource to
best utilize these funds.
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Page 2 of 2
Fiscal and Policy Implications
No fiscal impact. All funding is provided through grant funds received through Grant County from the
Department of Commerce.
Council Packet Attachments
A. WA State Department of Commerce Community Services and Housing Division
Consolidated Homeless Grant Sub-Recipient Agreement + Exhibit A & B
Finance Committee Review N/A
Legal Review
Type of Document Title of Document Date Reviewed
Sub-Recipient Agreement WA State Department of Commerce
Community Services and Housing
Division Consolidated Homeless Grant
Sub-Recipient Agreement
In process
Sub-Recipient Agreement HopeSource CHG Sub-Grantee
Agreement
In process
Options
Option Results
• Authorize as presented Staff will execute the Sub-recipient Agreement
with County and subcontract with HopeSource.
• Provide staff with changes The City will have to renegotiate with the
County on the terms of the funding and possibly
lose the opportunity to receive additional
funding from Grant County.
• Take no action The City will lose the opportunity to receive
additional grant funding from Grant County.
Action Requested
Staff recommends the City Council consider authorization for the City Manager to execute the
Sub-recipient Agreement and approval to execute a subcontract with HopeSource to utilize
Consolidated Homeless Grant funding.
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Guidelines
FOR THE
Consolidated Homeless Grant
December 2020
Version 2
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Page | 2
Contents
1 Grant Basics .......................................................................................................................................... 6
1.1 Overview ............................................................................................................................................... 6
1.2 Purpose Statement ............................................................................................................................... 6
1.3 Authorizing Statute and Fund Sources ................................................................................................. 7
2 Administrative Requirements of Lead Grantees .................................................................................... 8
2.1 Homeless System Responsibilities ........................................................................................................ 8
Prioritization Requirements .............................................................................................................. 8
System Wide Performance Requirements ........................................................................................ 8
Low Barrier Housing Project ............................................................................................................. 8
Coordinated Entry System ................................................................................................................ 9
Reporting Requirements ................................................................................................................... 9
Training ............................................................................................................................................. 9
Benefit Verification System Requirements ..................................................................................... 10
2.2 Grant Management ............................................................................................................................ 10
Changes to Guidelines .................................................................................................................... 10
Commerce Monitoring .................................................................................................................... 10
Subgrantee Requirements .............................................................................................................. 11
2.3 Fiscal Administration .......................................................................................................................... 11
Budget Caps .................................................................................................................................... 11
Budget Categories ........................................................................................................................... 12
Reimbursements ............................................................................................................................. 12
Budget Revisions ............................................................................................................................. 13
3 Allowable Interventions ...................................................................................................................... 14
3.1 Temporary Housing Interventions ...................................................................................................... 14
Emergency Shelter .......................................................................................................................... 14
Transitional Housing ....................................................................................................................... 14
3.2 Permanent Housing Interventions ..................................................................................................... 14
Targeted Prevention ....................................................................................................................... 14
Rapid Re-Housing ............................................................................................................................ 14
Permanent Supportive Housing ...................................................................................................... 15
3.3 Services Only Interventions ................................................................................................................ 15
Outreach ......................................................................................................................................... 15
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4 Household Eligibility ........................................................................................................................... 16
4.1 CHG Standard and HEN ...................................................................................................................... 16
4.2 PSH CHF .............................................................................................................................................. 16
4.3 Housing Status Eligibility..................................................................................................................... 17
Homeless ......................................................................................................................................... 17
Chronically Homeless ...................................................................................................................... 17
At Imminent Risk of Homelessness ................................................................................................. 17
4.4 Documentation of Housing Status ..................................................................................................... 18
4.5 Income Eligibility ................................................................................................................................. 18
Income Eligibility Exemptions ......................................................................................................... 18
4.6 Documentation of Income Eligibility .................................................................................................. 19
Annualizing Wages and Periodic Payments .................................................................................... 19
Documentation of HEN Referral ..................................................................................................... 19
4.7 Eligibility Recertification ..................................................................................................................... 19
4.8 Income Ineligible at Recertification .................................................................................................... 20
4.9 Additional Eligibility Requirements for Permanent Supportive Housing ........................................... 20
Documentation of a Disability ........................................................................................................ 20
Maintaining Homeless Status for Permanent Housing................................................................... 20
5 Allowable Expenses ............................................................................................................................ 21
5.1 Rent ..................................................................................................................................................... 21
Rent Payments ................................................................................................................................ 21
Other Housing Costs ....................................................................................................................... 21
Special Circumstances ..................................................................................................................... 21
Ineligible Expenses .......................................................................................................................... 22
5.2 Facility Support ................................................................................................................................... 22
Lease Payments .............................................................................................................................. 22
Other Facility Costs ......................................................................................................................... 22
Special Circumstances ..................................................................................................................... 22
Ineligible Expenses .......................................................................................................................... 23
HEN Facility Support ....................................................................................................................... 23
Maintenance Activities vs. Building Rehabilitation ........................................................................ 23
5.3 Operations .......................................................................................................................................... 23
Homeless Crisis Response System Expenses .................................................................................. 24
Program Expenses ........................................................................................................................... 24
Flexible Funding .............................................................................................................................. 24
5.4 Administration .................................................................................................................................... 25
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6 Requirements of all Lead Grantees and Subgrantees Providing Direct Service ...................................... 26
6.1 Service Delivery .................................................................................................................................. 26
Access to Homeless Housing Assistance ......................................................................................... 26
Voluntary Services .......................................................................................................................... 26
Progressive Engagement ................................................................................................................. 26
Assessment and Housing Stability Planning ................................................................................... 27
6.2 HMIS ................................................................................................................................................... 27
Data Quality .................................................................................................................................... 27
Consent for Entry of Personally Identifying Information ............................................................... 29
6.3 Habitability.......................................................................................................................................... 30
For Rent Assistance ......................................................................................................................... 30
For Facilities .................................................................................................................................... 30
6.4 Lead Based Paint Assessment............................................................................................................. 31
For Rent Assistance ......................................................................................................................... 31
For Facilities .................................................................................................................................... 31
Exceptions to the Lead-Based Paint Visual Assessment Requirement ........................................... 31
6.5 Additional Requirements .................................................................................................................... 31
Ineligible Use of Funds .................................................................................................................... 31
Personal Identifying Information .................................................................................................... 31
Grievance Procedure ...................................................................................................................... 31
Termination and Denial of Service Policy ....................................................................................... 32
Records Maintenance and Destruction .......................................................................................... 32
Client File Check List........................................................................................................................ 32
Consent to Review Information in the Benefits Verification System ............................................. 32
Prohibitions ..................................................................................................................................... 32
Nondiscrimination........................................................................................................................... 32
7 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance ...................... 34
7.1 Washington Residential Landlord-Tenant Act .................................................................................... 34
7.2 Rental Agreements ............................................................................................................................. 34
Intent to Rent .................................................................................................................................. 34
Lease ............................................................................................................................................... 34
Certification of Payment Obligation ............................................................................................... 34
7.3 Targeted Prevention ........................................................................................................................... 35
7.4 Payment Standards to Determine Rent Limit .................................................................................... 35
Payment Standards Options ........................................................................................................... 35
Rent Limit Exceptions ...................................................................................................................... 36
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7.5 Determining Rent Subsidy .................................................................................................................. 36
8 Washington State’s Landlord Mitigation Law ...................................................................................... 37
9 Appendices ......................................................................................................................................... 38
9.1 Appendix A: Required and Recommended Forms ............................................................................. 38
9.2 Appendix B: Required Policies and Procedures .................................................................................. 39
9.3 Appendix C: Client File Documentation .............................................................................................. 40
9.4 Appendix D: Performance Requirements ........................................................................................... 41
Overview ......................................................................................................................................... 41
Prioritization Requirements ............................................................................................................ 41
Housing Outcome Performance Measures..................................................................................... 43
Table 1: Required Housing Outcome Performance Measures ...................................................................... 45
9.5 Appendix E: Household Eligibility Requirements ............................................................................... 46
9.6 Appendix F: Documentation of Housing Status ................................................................................. 47
9.7 Appendix G: Examples of Maintenance Activities .............................................................................. 49
9.8 Appendix H: Agency Partner HMIS Agreement .................................................................................. 50
9.9 Appendix I: Lead-Based Paint Visual Assessment Requirements ....................................................... 56
9.10 Appendix J: Access to the DSHS Benefits Verification System Data Security Requirements ............. 58
9.11 Appendix K: Access to the DSHS HEN Referral List Data Security Requirements .............................. 62
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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, Housing and Essential Needs (HEN), and Permanent Supportive Housing for Chronically
Homeless Families (PSH CHF). Each of the funds has different income and 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 Housing Assistance Unit at the Department of
Commerce administers state and federal funds to support homeless crisis response systems in WA
State.
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 Housing 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 Grant Basics
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1.3 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
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2.1 Homeless System Responsibilities
Prioritization Requirements
Homeless crisis response systems must prioritize unsheltered homeless households and households
fleeing violence for services and programs. For more details, see Appendix D: Performance
Requirements.
System Wide Performance Requirements
System wide performance measures and targets specific to intervention type (HMIS project type) are
outlined in Appendix D: Performance . Homeless crisis response systems must meet or demonstrate
progress towards the targets of locally identified performance measures. For more details, see
Appendix D: Performance and the lead grantee contracted Scope of Work.
Low Barrier Housing Project
Each county must have at least one low barrier project1 serving homeless adults and at least one low
barrier project serving homeless households with children.
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 a history of victimization
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
1 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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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. Projects that require households to pay a share of rent allow
reasonable flexibility in payment.
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
Coordinated Entry System
Each county must maintain a coordinated entry system (CES). Refer to the Washington State
Coordinated Entry Guidelines for requirements.
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. 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 Count of sheltered
and unsheltered homeless persons for their county is in accordance with the Commerce Count
Guidelines, 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
Beginning July 2019, 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
Mental health
Supporting survivors of domestic violence
Local coordinated entry policies and procedures as required by lead CE entity
Fair Housing
Housing First
Racial Equity
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LGBTQ+ competency
Rapid Re-Housing
Progressive Engagement and Problem-Solving (Diversion)
Other recommended trainings include 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 5.3 Operations).
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
(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.
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Subgrantee Requirements
The Grant General Terms & Conditions Section 32 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.
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
Locally developed performance measures and benchmarks specific to intervention type (HMIS project
type), as outlined in the lead grantee contracted Scope of Work, must be included in subgrantee
agreements. However, benchmarks may be customized for each subgrantee or funded project, based
on facility type, past performance or other variables. Subgrantee agreements should include how
frequently progress will be measured and the consequences for not meeting performance
benchmarks.
2.3 Fiscal Administration
Budget Caps
Private Landlord Set Aside - At least 36 percent of the CHG Standard and PSH CHF funds must
be budgeted and spent on rent/lease payments to private landlords, which includes for-profit
and non-profit entities, and housing authorities. Private landlord rent/lease payments must be
billed to Rent/Fac Support Lease or PSH CHF Rent/Fac Support Lease. Government and tribal
government rent/lease payments must be budgeted and billed to Other Rent/Fac Support
Lease and Housing Costs or PSH CHF Other Rent/Fac Support Lease and Housing Costs.
CHG Administration - up to 15 percent of the CHG Standard and PSH CHF contracted budget
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may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
The budget total for CHG Standard, PSH CHF, and HEN must always equal the contracted
amount. Budget category moves between these three fund sources are not allowable.
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)
Admin Administration
Rent/Fac Support Lease Rent Payments and Lease Payments to
private landlords
Other Rent/Fac Support Lease and
Housing Costs
Rent Payments and Lease Payments to
government and tribal government, Other
Housing Costs, and Other Facility Costs
Operations Operations, including Flexible Funding
PSH CHF Rent/Fac Support Lease Rent Payments and Lease Payments to
private landlords
PSH CHF Other Rent/Fac Support Lease
and Housing Costs
Rent Payments and Lease Payments to
government and tribal government, Other
Housing Costs, and Other Facility Costs
PSH CHF Operations Operations, including Flexible Funding
HEN Admin Administration
HEN Rent/Fac Support Lease and Other
Housing Costs
Rent and Facility Support
HEN Operations Operations, including Flexible Funding
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 CHG Standard PSH CHF HEN Moses Lake Council Packet 2-22-22, Page 86 of 156
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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 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 provides short-term2 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility-based, or hotel/motel voucher.
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.
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 is subsidized, facility-based housing that is designed to provide long-term3
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.
3.2 Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
Targeted Prevention
Targeted Prevention resolves imminent homelessness with 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.
2 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.
3 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two years.
3 Allowable Interventions
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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 6.1.2). 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.
For PSH CHF, households must be chronically homeless.
3.3 Services Only Interventions
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.
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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.
4.1 CHG Standard and HEN
Eligible households for CHG Standard and HEN must meet both housing status and income
requirements as detailed in the following sections.
Housing Status Income
Homeless
OR
At imminent risk of
Homelessness
AND
At or below 30%
area median income
OR
HEN Referral4
4.2 PSH CHF
Eligibility for PSH CHF:
Head of household (HOH) must meet housing status detailed below and have a disability as
defined in section 4.9, and
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 50%
area median income
4 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).
4 Household Eligibility
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4.3 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.
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.
At Imminent Risk of Homelessness
Households are at imminent risk of homelessness if they will lose their primary nighttime
residence (including systems of care or institutions) within 14 days of the date of application for
assistance, AND no subsequent residence has been identified, AND the household lacks the
resources or support networks needed to obtain other permanent housing.
5 Section 4.3.2 summarizes HUD’s definition of chronically homeless. Refer to 24 CFR part 578 for the full definition.
6 Refer to Section 4.9 of the guidelines to read more on disability.
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4.4 Documentation of Housing Status
Lead/subgrantees must verify, describe and document eligible housing status prior to program entry.
Refer to Appendix F: Documentation of Housing Status for allowable documentation.
Households entering emergency shelter are exempt from housing status requirements.
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.
4.5 Income Eligibility
For CHG Standard and HEN households, the combined household income must not exceed 30 percent
of area median gross income as defined by HUD.
For PSH CHF households, the combined household income must not exceed 50 percent of area median
gross income as defined by HUD.
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 Flex
Funding.
The following are exempt from income eligibility requirements for the first 90 days of program
participation:
Households entering Transitional Housing
Households entering a Rapid Re-Housing program
Households entering a Continuous-stay Shelter
Assistance for HEN households: In place of income verification, the HEN Referral from the Washington
State Department of Social and Health Services (DSHS) as documented in the Benefits Verification
System (BVS) is required.
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4.6 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 HEN households or households that have no
income.
Documentation of HEN Referral7
Lead/subgrantees must verify and document the HEN Referral prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form and the HEN Referral, from
the Washington State Department of Social and Health Services (DSHS) as documented in the Benefits
Verification System (BVS) is required and 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.
4.7 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 PSH and PSH CHF.
Assistance for HEN households: In place of income, recertification of the HEN Referral from DSHS as
documented in the BVS is required at least every three months and must be kept in the client file.
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 DSHS as documented in BVS.
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Recertification is not required for HEN households who are a PWA recipient up to 24 months.
4.8 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.
If the household is no longer eligible for HEN, the three additional months of rent assistance cannot be
charged to HEN but may be charged to CHG Standard.
4.9 Additional Eligibility Requirements for Permanent Supportive Housing
To be eligible for CHG Standard PSH, a household must be homeless (as defined in section 4.3.1
Homeless) AND include at least one household member who has a disability.
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 4.3.2 Chronically Homeless.
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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5.1 Rent
Rent Payments and Other Housing Costs must be paid directly to a third party on behalf of the
household.
Rent Payments
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 for up to six months. Rental arrears may be paid if the
payment enables the household to obtain or maintain permanent housing. If funds are used to
pay rental arrears, arrears must be included in determining the total period of the household's
rental assistance.
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, or when a
hotel/motel unit is used as permanent housing.
Utilities which are included in rent.
Landlord administrative fees required with rent.
Other Housing Costs
Utility payments for households also receiving rental assistance.
Utility arrears (see utility-only assistance below) for up to three months. Utility arrears may be
paid if the payment enables the household to obtain or maintain permanent housing. If funds
are used to pay utility arrears, arrears must be included in determining the total period of the
household's financial assistance.
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
5 Allowable Expenses
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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
income), including project- or tenant-based housing.8 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
5.2 Facility Support
Lease Payments
Lease or rent payment on a building used to provide temporary housing or permanent
supportive housing
Hotel/Motel expenses for less than 90 days when no suitable shelter bed is available
Move-in costs (security deposits, first and last month’s rent) for permanent housing
Other Facility Costs
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, 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.
8 In this context tax credit units are not considered subsidized housing.
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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
(section 3.1.2) and permanent housing (section 3.2). 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 G: Examples of Maintenance Activities.
5.3 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.
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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
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 or payments of expenses not included in other allowable
expense categories, which directly help a household to obtain or maintain permanent housing or meet
essential household needs.
Essential household needs means 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.
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 ahousehold’s housing stability plan.
Ineligible Expenses
Retailer or merchant gift cards, vouchers, or certificates that can be exchanged for cash or that
allow the recipient to purchase alcohol or tobacco products.
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5.4 Administration
CHG 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.
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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6 Requirements of all Lead Grantees and Subgrantees Providing Direct Service
6.1 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).
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.
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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.
6.2 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 Housing9 type programs funded with
local document recording fees must enter client data in HMIS.
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.
Examples of incomplete entries:
*Only measured for consenting clients.
9 PH – Permanent Supportive Housing, PH – Housing Only, PH – Housing with Services, PH – Rapid Re-Housing
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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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 six months. 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.
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
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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)10 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
consent has been received, complete the consent form the first time the household is seen in
person. See Appendix H: 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
10 PII includes name, social security number, birthdate, address, phone number, email, and photo.
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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.
6.3 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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6.4 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 I: 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
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.
6.5 Additional Requirements
Ineligible Use of Funds
Lead/subgrantees must inform Commerce if grant funds are spent on ineligible households or
expenses. Reasonable attempts must be made to prevent 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
services which includes the household’s right to review decisions and present concerns to program
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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 J: 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
As stated in the General Terms and Conditions Section 9 and Section 22, lead/subgrantees must
comply with all federal, state, and local nondiscrimination laws, regulations and policies.
Lead/subgrantees must comply with 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,
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mental, or physical disability or the use of a trained guide dog or service animal by a person with a
disability.
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.
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.
Local nondiscrimination laws may include additional protected classes.
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7.1 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.
7.2 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/Potential Eviction from Friend or Family Form 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.
7 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance
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7.3 Targeted Prevention
Lead/subgrantees that provide targeted prevention must prioritize households most likely to become
homeless, and must complete the CHG Targeted Prevention Eligibility Screening Form. This form is only
for clients that are at imminent risk of homelessness and must be kept in the client file.
7.4 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.
Lead/subgrantees must set a rent limit policy for their service area using a percentage of FMR. The rent
limit is the maximum rent that can be paid for a unit of a given size.
If a rent limit policy exceeds 120 percent FMR, lead/subgrantees must submit the rationale to
Commerce for approval.
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.
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/.
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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.
7.5 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.
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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.
8 Washington State’s Landlord Mitigation Law
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9.1 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 4.4;4.6;4.7;4.9.1)
Consolidated Homeless Grant Income Eligibility Worksheet (section 4.6.1)
Consolidated Homeless Grant Utility-Only Assistance form (section 5.1.2)
Client Release of Information and Informed Consent Form (section 6.2.2.1)
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 6.3)
Consolidated Homeless Grant Client File Checklist (section 6.5.6)
DSHS 14-012(x)(REV 02/2003) for BVS (section 6.5.7)
Consolidated Homeless Grant Certification of Payment Obligation/Potential Eviction from
Friend or Family (section 7.2.3)
Consolidated Homeless Grant Targeted Prevention Eligibility Screening (section 7.3)
Rent Reasonableness Form (section 7.4.1)
The following form is recommended.
Move in/move out condition report (section 8)
9 Appendices
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9.2 Appendix B: Required Policies and Procedures
Coordinated Entry Policies (section 2.1.4)
Habitability Complaint Procedure (section 6.3.1.2)
Grievance Procedure (section 6.5.3)
Termination and Denial of Service Policy (section 6.5.4)
Rent Limit Policy or Rent Reasonableness Policies and Procedures (section 7.4)
Determining Rent Subsidy Procedure (section 7.5)
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9.3 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
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 only
Targeted Prevention Eligibility Screening Form
Rent Reasonableness Form, if applicable
Landlord Habitability Certification OR HHS or HQS
Lead-based Paint Assessment, if applicable
Utility-Only Assistance Form, if applicable
Lease OR Certification of Payment Obligation (for
friends/family)
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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9.4 Appendix D: Performance Requirements
Overview
Performance measures help evaluate the effectiveness of Homeless Crisis Response Systems as they
work to ensure that homelessness is rare, brief, and one time.
The Department of Commerce (Commerce) has identified the following as the most critical homeless
system performance measures:
Prioritizing Unsheltered Homeless Households and Households Fleeing Violence
Increasing Exits to Permanent Housing
Reducing Returns to Homelessness
Reducing the Length of Time Homeless
Prioritization Requirements
Grantees must prioritize unsheltered homeless households and households fleeing violence for
services and projects.
A household is considered in priority status if they are:
Currently living in a place not meant for habitation11
OR
Currently fleeing violence: domestic violence, dating violence, sexual assault, stalking,
trafficking or other dangerous or life-threatening conditions that relate to violence against the
individual or a family member. Note: Currently fleeing violence means fleeing, or is attempting
to flee the situation, or is afraid to return to their primary nighttime residence
Fulfilling this requirement can be demonstrated by:
Achieving Functional Zero for at least two subpopulations
OR
Serving at least 60% unsheltered homeless households and households fleeing violence
OR
Increasing percent of unsheltered homeless households and households fleeing violence 5
percentage points in each year of the contract period
Functional Zero
Grantees can meet the requirement to prioritize unsheltered homeless households and households
fleeing violence by achieving Functional Zero for at least two subpopulations in the grantee’s service
area. Functional Zero is reached when the number of housing placements12 is equal to or greater than
the number of current and newly identified homeless households13.
11 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.
12 The number of homeless households exited from Street Outreach, Emergency Shelter, Transitional Housing to permanent housing, AND the
number of homeless households in any Permanent Housing type project (including Rapid Re-Housing) with a Housing Move-In during the report
period.
13 The number of homeless households within a given community based on the best available data on each community’s homeless population. This
can include the community’s “Active or By-Name List” or a combination of administrative data.
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Subpopulations are:
Youth14
Veterans
Chronically Homeless
Families with minor children,
Individual Adults (households without minor children)
Commerce will evaluate grantees asserting Functional Zero based on state and local administrative
data, and qualitative data gathered from key stakeholders. Evaluation will include confirmation that
grantees meet the United States Interagency Council on Homelessness (USICH) criteria and
benchmarks for each subpopulation as described in the following documents and as they may be
amended:
Youth:
https://www.usich.gov/resources/uploads/asset_library/Youth-Criteria-and-Benchmarks-revised-Feb-
2018.pdf
Veterans:
https://www.usich.gov/resources/uploads/asset_library/Vet_Criteria_Benchmarks_V3_February2017.
pdf
Chronic Homelessness:
https://www.usich.gov/tools-for-action/criteria-and-benchmark-for-ending-chronic-homelessness/
Families with Minor Children:
https://www.usich.gov/tools-for-action/criteria-and-benchmarks-for-ending-family-homelessness/
Grantees may seek federal confirmation of Functional Zero, or ending homelessness among a
subpopulation. If federally confirmed, Commerce will not provide evaluation.
Reaching Functional Zero is an accomplishment that requires maintenance. Confirmed Functional Zero
will not exempt the grantee from future requirements. Reconfirmation will be required for each
contract cycle. If a grantee reaches and maintains Functional Zero two subpopulations, they will be
required to focus on the remaining subpopulations.
Increase Percent Entered
Grantees can meet the requirement to prioritize unsheltered homeless households and households
fleeing violence by increasing percent entered by 5 percentage points in each year of the contract
period.
Grantees that have not achieved functional zero for two subpopulations, and do not increase the
percent entered, may assert that they have met a high performance threshold which will be evaluated
by the Commerce based on state and local administrative data, and qualitative data gathered from key
stakeholders.
14 Unaccompanied youth under age 18
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Measurement
The Homeless Management Information System (HMIS) is the data source.
Data for the previous state fiscal year will serve as the baseline. Compliance is measured at the system
level. This means data from all applicable projects are included, without regard to fund sources.
1. Client Universe:
Any head of household or adult who entered into Emergency Shelter, Safe Haven, Transitional
Housing, Homelessness Prevention, or any permanent housing type project (including Rapid Re-
Housing) during the report period.
2. Count Unsheltered and Fleeing Violence:
Of the client universe, count those with a prior residence (3.917A living situation): Place not
meant for habitation OR answered 4.11 Domestic Violence YES AND YES to “Are you currently
fleeing?”
3. Calculation:
Divide the total from step 2 by the total from step 1 (client universe) to calculate the percent of
people entered who are considered in priority status.
Example:
In Community A, 100 people entered into an Emergency Shelter, Safe Haven, Transitional Housing,
Homelessness Prevention, or any permanent housing type project (including Rapid Re-Housing) during
the report period.
Of those, 40 entered with a living situation ‘Place not meant for habitation’ or answered that they are
fleeing violence.
Prioritization Percentage 𝟒𝟎%= 𝟒𝟎 currently Unsheltered or Fleeing Violence
𝟎𝟎𝟎 people entered
Housing Outcome Performance Measures
Grantees must improve housing outcomes or maintain housing outcomes (by meeting the statewide
target) each year of the contract period. The target is the level of desirable performance and is an
indicator of a high performing system.
For each intervention type, grantees must adopt the required performance measure and may adopt
optional measures.
Using local baseline data, grantees must choose benchmarks for each required performance measure.
The benchmark is a short-term goal to improve performance and indicates acceptable progress toward
the target.
Grantees meeting benchmarks, making progress towards benchmarks, or meeting performance
targets, meet the requirement to improve in housing outcomes.
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Measurement
The Homeless Management Information System (HMIS) is the data source.
Compliance is measured at the intervention, or project-type 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. The
Homeless Management Information System (HMIS) is the data source for calculating the baseline and
performance results.
Data for the previous state fiscal year will serve as the baseline. Grantees may propose a more recent
baseline period if there have been significant changes to inventory or operations.
Detailed reporting specifications for performance measures can be found on the Commerce Homeless
System Performance website.
Subgrantee Requirements
Performance measures and benchmarks must be included in CHG subgrantee agreements for
applicable intervention types. Optional measures (if selected) are not required to be included in
subgrantee agreements.
Grantees should customize subgrantee benchmarks according to past performance, facility type, target
population and other variables. For example, in order to increase system-wide exits to permanent
housing from emergency shelters, a grantee may require a high-performing emergency shelter to
reach 60 percent exits to permanent housing while a low-performing emergency shelter is only
required to reach 20 percent exits to permanent housing.
Emergency Shelters:
Reduce Median Length of Stay should only be required if the project is housing-focused and has
high rates of exits to permanent housing.
Transitional Housing:
Reduce Median Length of Stay should not be required if the project has a youth and young
adult15 target population.
Required Housing Outcome Performance Measures
Required housing outcome performance measures, HMIS calculations, acceptable levels of progress
and targets are outlined in the following table.
15 Unaccompanied youth under age 18, and young adults ages 18-24, including parenting youth and young adults.
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Table 1: Required Housing Outcome Performance Measures
16 Excludes Drop-in Emergency Shelters
17 Permanent Housing as defined by HUD System Performance Measure 7: https://www.hudexchange.info/resources/documents/System-Performance-Measure-7-Housing-Destination-Summary.pdf
18 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.
19 Positive Outcome from Street Outreach as defined by HUD System Performance Measure 7: https://www.hudexchange.info/resources/documents/System-Performance-Measure-7-Housing-
Destination-Summary.pdf
Intervention
Type
Performance Measure HMIS Calculation Acceptable Progress Performance Target
Emergency
Shelter (ES)16 Required Increase Percent Exits to Permanent
Housing
Of people in ES who exited, those who exited
to permanent housing17 destinations.
Increase by at least 5
percentage points
At Least 50% Optional Reduce Median Length of Stay
Of the people active in ES, the days homeless
as measured by each client’s start and exit
dates strictly as entered into HMIS.
Decrease by at least 5 days 20 Days or Less
Drop-in
Emergency
Shelter18 Required NEW! Increase Percent Exits to Positive
Outcomes
Of people in Drop-in ES who exited, those
who exited to Positive Outcome19
destinations.
Increase by at least 5
percentage points
At least 50%
Transitional
Housing (TH) Required Increase Percent Exits to Permanent
Housing
Of people in TH who exited, those who exited
to permanent housing destinations.
Increase by at least 5
percentage points
At Least 80% Optional Reduce Median Length of Stay
Of the people active in TH, the days homeless
as measured by each client’s start and exit
dates strictly as entered into HMIS.
Decrease by at least 5 days 90 Days or Less
Rapid Re-
Housing (RRH) Required Increase Percent Exits to Permanent
Housing
Of people in RRH who exited, those who
exited to permanent housing destinations.
Increase by at least 5
percentage points
At Least 80%
Permanent
Supportive
Housing (PSH) Required Increase Percent Exits to or Retention of
Permanent Housing
Of people in PSH with a Housing Move-in
Date, those who remained in PSH or exited to
permanent housing destinations.
Increase by at least 5
percentage points
At Least 95%
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9.5 Appendix E: Household Eligibility Requirements
20 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 At imminent risk
of homelessness None None
Drop-in Shelter None None None
Continuous-stay Shelter None None At or below 30% AMI
Transitional Housing Homeless None At or below 30% AMI
CHG Standard Rapid Re-Housing Homeless None At or below 30% AMI
CHG Standard Targeted
Prevention
At imminent risk of
homelessness At or below 30% AMI At or below 30% AMI
HEN Rapid Re-Housing
Homeless
DSHS HEN Referral20 DSHS HEN Referral
HEN Targeted Prevention At imminent risk of
homelessness DSHS HEN Referral DSHS HEN Referral
CHG Standard Permanent
Supportive Housing
Homeless and a household
member with a permanent
disability
At or below 30% AMI None
Permanent Supportive Housing
for Chronically Homeless
Families (PSH CHF)
Chronically homeless head of
household with a permanent
disability
At or below 50% AMI None
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9.6 Appendix F: Documentation of Housing Status
Homeless At Imminent Risk of Homelessness
(losing housing within 14 days)
Unsheltered (Place Not
Meant for Human
Habitation)
Residing in a
Temporary Housing
Program
Exiting a System of Care
and Previously Homeless
Fleeing Domestic Violence,
Dating Violence, Sexual
Assault, Stalking, etc.
All imminent risk households must also complete Section 4– No Subsequent
Residence and Insufficient Resources/Support Networks, on the CHG
Verification of Eligibility and Recertification Form.
Staying With Friends/Family or
Hotel/Motel Renting Exiting a System of Care
Letter signed and dated by
an outreach worker stating
the household’s primary
nighttime residence.
OR
Self-declaration signed and
dated by household stating
their primary nighttime
residence.
Letter signed and
dated from the
provider of the
temporary housing.
OR
A telephone call to the
provider of temporary
housing that is
documented on the
third party verbal
verification form and
is signed and dated by
the case manager
making the call.
OR
Current HMIS record
from homeless
housing project,
including dates of stay.
Letter signed and dated by
system of care
representative including:
a. Statement verifying
current stay of
household
member(s), and
b. Indicate household
member(s) have no
available housing
option after exiting,
and
c. Indicate that
household was
homeless prior to
entering the system
of care.
Self-declaration signed and
dated by applicant.
Letter signed and dated from the
provider of the temporary
residence. Letter must include:
a. Statement verifying the
applicant’s current living
situation, and
b. Date when the household
must vacate the temporary
housing.
OR
Certification of Payment Obligation
and Potential Eviction from
Friend/Family form.
OR
A telephone call to the provider of
temporary housing that is
documented on the third party
verbal verification form and is
signed, and dated by the case
manager making the call.
OR
Self-declaration signed and dated
by applicant stating where they are
residing. Self-declaration of housing
status should be used very rarely
and only when written third-party
verification cannot be obtained.
Copy of lease naming
household member as lease
holder or other written
occupancy agreement
identifying them as legal
tenant of unit.
AND
Written and signed notice
from the landlord that
includes the date when the
household must vacate
within 14 days.
Letter signed and dated by
system of care
representative including:
a. Statement verifying
current stay of
household
member(s), and
b. Indicate household
member(s) have no
available housing
option after exiting.
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Chronically Homeless
Chronically homeless is homeless 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. *Each separate occasion MUST be documented (minimum of 3 breaks). 100% of the breaks can be documented by self-
declaration/attestation.
Chronically Homeless households must also complete Section 5- Documentation of a Disability, on the CHG Verification of Eligibility and Recertification Form.
Place Not Meant for Human Habitation Residing in Emergency Shelter Institutional Stays of Less Than 90 days and were in Emergency
Shelter/Street Immediately Prior
Letter signed by an outreach worker stating the conditions and the
duration/frequency of where the individual has been living.
OR
Letter signed from a community member indicating which specific
months and where they physically observed the individual or head of
household residing/living. If the community member is unwilling to
provide a written observation, a third party verbal verification form may
be completed, signed and dated by a case manager to collect the
information.
OR
When the evidence above is unavailable, there must be:
a. A self-declaration/attestation signed and dated by applicant, and
b. The intake worker’s written documentation of the living situation
and duration/frequency and the steps taken to obtain the
standard evidence above.
Letter signed from the provider of the temporary housing
provider documenting duration/frequency of homelessness.
OR
HMIS record(s), including dates of stay.
OR
When the evidence above is unavailable, there must be:
a. A self-declaration/attestation signed and dated by
applicant, and
b. The intake worker’s written documentation of the living
situation and duration/frequency and the steps taken to
obtain the standard evidence above.
Discharge paperwork with start/end dates of client’s stay.
OR
Letter signed from a social worker or appropriate official of the
institutional facility, including:
a. Start/end dates of client’s stay, and
b. Indicate that household was homeless prior to entering
the system of care.
OR
When the evidence above is unavailable, there must be:
a. A self-declaration/attestation signed and dated by
applicant, and
b. The intake worker’s written documentation of the living
situation and duration/frequency and the steps taken to
obtain the standard evidence above.
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9.7 Appendix G: 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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9.8 Appendix H: 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
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52
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
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
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Housing and Urban Development’s (HUD) “Homeless Management Information Systems
(HMIS) Data and Technical Standards Notice” (Docket No. FR 4848-N-01; see
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.
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Retention of paper copies of personally identifying information: Agencies must develop and
adopt policies governing the retention of paper records containing personally identifying
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.
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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
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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9.9 Appendix I: 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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9.10 Appendix J: 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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9.11 Appendix K: 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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