FINAL 2024 0723 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, July 23, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentation
–SR-17/Yonezawa Boulevard Intersection Improvement by Perteet Engineering pg 4
Citizen’s Communications **
Summary Reports:
Mayor’s Report
-Moment of Silence for MLK Committee Chair Charlie Jones
-Moment of Silence for Former Buffalo Township Fire Chief
- Sister City Student Exchange Travel Dates
Future Business – MLMC 2.08.050 states to place an item on an agenda by: consensus of
Council, Council Committee or any combination of three Council, the City Manager, or
the Mayor.
City Manager’s Report
- New Employee: Executive Assistant / Deputy City Clerk
- 2nd Quarter Financial Report pg 15
-Budget Guidelines Memo pg 35
COML Council Packet 7-23-24, Page 1 of 292
July 23, 2024, City Council Meeting Page 2
#1 Consent Agenda pg 44 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.
a.Claims and Payroll
b.Traffic Photo Enforcement Contract Extension
c.Banking Services Contract
d.2024-2025 Emergency Housing Grant Award
e.Extra Territorial 2263 NE Westshore Drive
f.Airport Capital Improvement Plan
g.East 3rd Avenue Seal Coat Striping Alteration
h.Wastewater System Plan Consultant Contract Amendment
i.Accept Improvements Grant County Mosquito Control District Flight Operations
Old Business
#2 Motion NCW Opioid Abatement Council Contract pg 172
Presented by Mike Jackson, Interim City Manager
Summary: Council to review and consider approval
New Business
#3 Motion Plan Review and Building Official Services Contract pg
264 Presented by Mike Jackson, Interim City Manager
Summary: Council to review and consider approval
Administrative Reports
- National Night Out – Police Chief Sands
-Monthly Update on Excess Water Usage Fee – Finance Director Prentice
Council Committee Reports
Executive Session
-To consider purchase or lease of real estate and qualifications for public employment
pursuant to RCW 42.30.110(1)(b) and (g)
Adjournment
Next Workshop for the Unified Development Code is scheduled for July 30, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
COML Council Packet 7-23-24, Page 2 of 292
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
July 23, 2024, City Council Meeting Page 3
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 291 664 743 157 Passcode: b5hUcw
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,519070523# United States, Spokane
Or #3 Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment or Public Hearing Comments form needs to be given to the Clerk prior to the
start of each meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-
minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which
must be completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting –
select the Teams option 1 above.
COML Council Packet 7-23-24, Page 3 of 292
Presented to
SR 17/YONEZAWA BLVD INTERSECTION IMPROVEMENTS
City of Moses Lake Council
July 23, 2024 COML Council Packet 7-23-24, Page 4 of 292
Agenda
•Project overview and
history
•Benefits to Moses Lake
•Proposed design
•Schedule
COML Council Packet 7-23-24, Page 5 of 292
Project Overview
•SR 17 and Yonezawa Boulevard
is an existing three-leg
intersection
•This project will add a fourth
leg and remove the current
traffic signal and replace it
with a roundabout
•The new roadway network
east of this intersection will be
completed separately
COML Council Packet 7-23-24, Page 6 of 292
Project History
•Buley parcel dedicated road easements for this over 20 years ago
•The City agreed to pursue building a new access point for Groff Elementary
•WSDOT approved an intersection control evaluation in November 2022
•Received federal funding for the design phase and some of the construction
phase in 2022 and 2024 (surface transportation block grant)
•Advertised for design services and executed design contract with Perteet in
Q4 2023
COML Council Packet 7-23-24, Page 7 of 292
The new roundabout is
estimated to reduce
overall crashes by
around 50%.
Plus, crashes that do
occur at roundabouts
are typically less severe.
Project Benefits
The City will be able to
complete the vision for a
connection to Groff
Elementary School via
Moses Lake Avenue as
well as new roadways
extending east.
The roundabout will
yield LOS C or better
traffic operations
through 2050, even as
the nearby parcels
develop and add extra
trips.
Improved traffic
safety
Long-term
congestion relief
Spurs new
roads, economic
growth
COML Council Packet 7-23-24, Page 8 of 292
Benefits to Traffic Safety
•From FHWA, roundabouts generally achieve the following compared to traffic signals:
–37% reduction in overall crashes
–75% reduction in injury crashes
–90% reduction in fatal crashes
–40% reduction in pedestrian crashes
•The reasons for these improvements
are that roundabouts reduce the
number of conflict points, slow
drivers, and decrease the angle
between vehicles when crashes do
occur
Image from NCHRP Report 672COML Council Packet 7-23-24, Page 9 of 292
Benefits to Traffic Operations
•Moses Lake expects to see significant growth in traffic volumes on the SR
17 corridor in the next 25 years.
•At this Yonezawa Boulevard intersection, trip counts are expected to nearly
double from 2021 to 2050.
•The current traffic signal is already operating at LOS C/D. It will reach
failure (LOS E/F) even if the east leg of the intersection is never opened.
•The roundabout addresses these concerns through 2050 (and beyond):
–Typical travel patterns in 2050: LOS A in the AM, LOS B in the PM
–Peak-season travel patterns in 2050: LOS B in the AM, LOS C in the PM
COML Council Packet 7-23-24, Page 10 of 292
Development of the Roadway Network
•Yonezawa Boulevard will
become an access point to the
state highway for Groff
Elementary School and Nelson
Road further to the north
•This expands the network and
adds redundancy
•This new access point will allow
development activity to occur
north and east of SR 17
COML Council Packet 7-23-24, Page 11 of 292
Proposed Design (30%)
•Two approach
lanes + two
departure lanes
on SR 17
•Two approach
lanes (one right-
turn only) + one
departure lane on
Yonezawa
Boulevard
•Crosswalks with
RRFBs on all legs
COML Council Packet 7-23-24, Page 12 of 292
Proposed Design Elements (30%)
•An aesthetically pleasing treatment in the center circle of the intersection
–The project team will coordinate the elements of this treatment with the
City Parks department
•New street lighting to illuminate the intersection and all crosswalks
•Updated stormwater systems to comply with current and future Ecology
stormwater manual rules
•ADA-compliant sidewalks, curb ramps, and crosswalks
•Accommodations for larger trucks using mountable portions of islands within
the roundabout
•Detour routes for SR 17 traffic during construction to accelerate construction
COML Council Packet 7-23-24, Page 13 of 292
Schedule
Updated traffic analysis
30% design
•Application for TIB funding – August 2024
•60% design complete – November 2024
•WSDOT limited access break approval – Q4 2024
•NEPA approval – February 2024
•90% design complete – March 2025
•Ad-ready contract documents finished – June 2025
•Construction is pending additional funding
COML Council Packet 7-23-24, Page 14 of 292
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
18559
Finance
City Manager's Report
To:
Mike Jackson, Interim City Manager
From
Madeline Prentice, Director
For Agenda of:
7/23/2024
Subject
2nd Quarter 2024 Financial Results
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
N/A
2024 2nd qtr financial results.pdf 1.01MB
2024 2nd qtr - Exhibit 1.pdf 442.03KB
The 2nd quarter 2024 financial results are attached for your review.
N/A
Options and Results
N/A
Staff will bring back options for recommended changes.
N/A
Page 1 of 11
MEMORANDUM
To: Mike Jackson, Interim City Manager
From: Madeline Prentice, Finance Director
Subject: 2024 2nd Quarter Budget Revenue and Expenditure Report
I am pleased to submit the City of Moses Lake’s 2024 second quarter actual results compared to
budgeted revenue and expenditure report for all city funds. Balances shown are subject to final
adjustments made as a result of the month-end and year-end closing processes. Year-end closing
processes will not be officially concluded until the State Auditor’s work is completed.
Overall, the City is performing on budget in revenues and under budget in expenditures through
the second quarter of 2024. At the end of the second quarter, we are seeing typical variances tied
to timing of revenue receipts, position vacancies and the timing of expenses. Citywide, we
ended the second quarter on budget in revenues at $50.18 million (50.3%), while expenses are
under budget by 9.2% at $44.56 million (40.8%). Licenses and permits, miscellaneous revenues,
and internal service allocations are significantly outpacing budget, while taxes, charges for goods
and services and cost allocations are essentially on budget through the second quarter.
Intergovernmental revenues, fines and penalties, and other financing resources are under budget
as further described below. Expenditures are largely under budget due to position vacancies and
timing of capital expenditures. All funds are under budget in expenditures except for the Risk
Management fund due to the payment of the annual liability insurance premium at the beginning
of the year.
This report is summarized by type of fund, and reported by functional type, and includes the
following sections:
City-Wide Overview by Fund Type
City-Wide Overview by Revenue and Expense Category
General Fund Revenue Analysis
General Fund Expenditure Analysis
Other Funds Analysis
Conclusion
Exhibit 1 - Fund Detail that supports the Summaries
COML Council Packet 7-23-24, Page 15 of 292
Page 2 of 11
City-Wide Overview
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
General Fund 25,891,863 30,372,088 32,251,403 36,845,377 35,652,726 20,242,170 56.8%
Other Operating Funds 5,859,674 7,186,361 10,266,043 7,153,056 11,527,578 4,620,939 40.1%
Enterprise Funds 25,084,153 28,044,938 25,924,055 29,444,809 28,256,568 14,079,073 49.8%
Internal Service Funds 12,619,161 8,794,991 7,772,874 7,855,573 8,940,359 4,098,659 45.8%
Capital Improvement Funds 5,841,751 17,210,514 8,959,750 9,836,989 10,338,549 4,078,150 39.4%
Risk Mgmt./Employee Benefits 909,527 966,680 1,190,386 1,661,322 2,403,784 2,310,437 96.1%
Debt Service Funds 2,268,797 3,180,950 3,122,748 2,684,243 2,679,073 749,832 28.0%
TOTAL CITYWIDE REVENUES 78,474,927 95,756,521 89,487,261 95,481,369 99,798,637 50,179,260 50.3%
CITYWIDE REVENUE COMPARISON BY FUND TYPE
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
General Fund 26,845,963 28,327,737 30,042,500 34,749,203 40,361,808 19,171,365 47.5%
Other Operating Funds 5,576,135 6,184,829 6,713,019 9,439,694 15,246,586 4,199,579 27.5%
Enterprise Funds 22,991,294 22,680,890 26,999,731 26,225,764 27,997,790 12,648,045 45.2%
Internal Service Funds 11,241,825 9,316,135 7,735,393 8,806,059 9,007,497 3,316,899 36.8%
Capital Improvement Funds 7,306,373 9,184,491 16,641,140 7,919,671 11,626,375 2,447,533 21.1%
Risk Management/Employee Benefit 989,361 887,335 1,180,704 1,871,035 2,327,987 1,996,475 85.8%
Debt Service 2,188,792 2,640,520 2,598,483 2,676,352 2,679,040 779,059 29.1%
TOTAL CITYWIDE EXPENDITURES 77,139,743 79,221,937 91,910,970 91,687,778 109,247,083 44,558,955 40.8%
CITYWIDE EXPENDITURES BY FUND TYPE
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
310 - Taxes 24,469,677 29,229,018 31,247,089 33,536,072 32,301,000 16,965,980 52.5%
320 - Licenses & Permits 1,111,290 1,361,813 995,697 2,073,229 1,119,700 1,174,020 104.9%
330 - Intergovernmental Revenues 3,974,816 4,545,500 6,425,572 3,531,550 9,344,473 2,385,615 25.5%
340 - Charges for Goods & Services 30,348,466 33,593,975 32,878,623 36,582,317 34,984,014 18,720,956 53.5%
348 - Internal Services Allocations 863,273 920,061 1,117,237 1,607,646 2,349,784 2,237,000 95.2%
350 - Fines and Penalties 643,672 1,030,324 908,953 173,502 707,000 2,815 0.4%
360 - Miscellaneous Revenues 1,787,498 1,634,934 3,162,542 3,904,145 2,223,699 2,421,170 108.9%
390 - Other Financing Resources 4,814,459 13,679,595 229,643 17,736 825,000 103,232 12.5%
341 - Cost Allocations 968,056 1,000,351 1,011,565 1,155,780 1,614,375 807,187 50.0%
397 - Transfers In 9,493,718 8,760,950 11,510,341 12,899,392 14,329,592 5,361,284 37.4%
TOTAL CITYWIDE REVENUES 78,474,927 95,756,521 89,487,261 95,481,369 99,798,637 50,179,260 50.3%
CITYWIDE REVENUE COMPARISON BY REVENUE CATEGORY
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
COML Council Packet 7-23-24, Page 16 of 292
Page 3 of 11
General Fund Revenue Analysis
Property Tax – The first half of the Property Tax assessment is due to the Grant County
Treasurer by April 30th with the second half due October 31st. The budget was set based on
assumptions of new construction and collection rates, and then discounted for collection
delinquencies. Property taxes are slightly ahead of budget for the first half of the year due to
collections of delinquent taxes.
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
General Government 9,665,115 8,740,093 9,397,952 11,391,521 13,247,447 6,930,643 52.3%
Public Safety 12,981,373 13,485,669 14,097,387 17,194,314 19,873,773 9,970,562 50.2%
Utilities 22,852,231 23,100,134 23,985,052 26,114,053 26,981,820 12,666,756 46.9%
Planning/Economic Development 1,848,073 1,968,271 2,404,819 2,697,745 3,412,368 1,296,674 38.0%
Social Services 343,366 1,245,223 923,547 1,070,636 897,626 334,065 37.2%
Culture and Recreation 5,125,295 5,676,875 6,246,473 6,913,790 7,822,603 3,459,436 44.2%
Debt Service 4,442,566 4,629,576 3,809,632 3,446,896 3,512,563 1,284,114 36.6%
Capital Improvement 10,502,405 12,816,625 19,518,310 10,941,019 19,297,608 3,654,227 18.9%
Transfers-Out 9,379,318 7,277,350 11,370,541 11,917,804 14,201,276 4,962,479 34.9%
Other Financing Uses - 282,120 157,257 - - - 0.0%
TOTAL CITYWIDE EXPENDITURES 77,139,743 79,221,937 91,910,970 91,687,778 109,247,083 44,558,955 40.8%
CITYWIDE EXPENDITURES BY EXPENSE CATEGORY
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
310 - Taxes
Property Tax 7,808,702 7,899,047 8,482,243 9,133,089 9,520,500 5,271,553 55.4%
Sales Tax 7,509,197 9,721,190 10,718,921 11,274,068 11,000,000 5,723,070 52.0%
Sales Tax - Public Safety 982,158 1,416,209 1,679,634 2,079,737 1,750,000 986,895 56.4%
Utility Tax 3,282,678 3,550,168 3,581,680 3,967,049 4,057,500 2,229,533 54.9%
Gambling Tax - 203,027 229,656 236,737 226,000 134,300 59.4%
Other Taxes 165,075 42,359 64,778 71,312 57,000 32,461 56.9%
Subtotal - Taxes 19,747,809 22,831,999 24,756,912 26,761,993 26,611,000 14,377,813 54.0%
320 - Licenses & Permits 920,713 1,149,294 789,395 1,841,309 999,700 1,037,846 103.8%
330 - Intergovernmental Revenues 1,988,660 1,466,318 1,321,400 1,230,640 2,159,651 1,164,528 53.9%
340 - Charges for Goods & Services 800,133 1,953,769 2,524,018 3,067,870 2,533,600 1,344,186 53.1%
350 - Fines and Penalties 643,672 1,030,324 908,953 173,502 707,000 2,815 0.4%
360 - Miscellaneous Revenues 322,820 206,258 277,093 2,440,133 508,400 1,507,627 296.5%
390 - Other Financing Resources - 233,774 2,285 - 300,000 168 0.1%
TOTAL REVENUES 24,423,807 28,871,737 30,580,056 35,515,447 33,819,351 19,434,982 57.5%
Other Financing Sources
Cost Allocations 968,056 1,000,351 1,011,565 1,155,780 1,614,375 807,187 50.0%
Transfers-In 500,000 500,000 659,783 174,150 219,000 - 0.0%
TOTAL GENERAL FUND REVENUES 25,891,863 30,372,088 32,251,403 36,845,377 35,652,726 20,242,170 56.8%
CITY OF MOSES LAKE
GENERAL FUND REVENUES
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
COML Council Packet 7-23-24, Page 17 of 292
Page 4 of 11
Sales Tax – Actual sales tax at the end of the second quarter exceeded budget by 2.0% and is
ahead of the same period in 2023 by $207.6k (3.8%). The first half sales tax collections were
$5.7 million (52.0%) compared to $5.5 million for the same period in 2023.
Sales Tax-Public Safety - This represents the 0.3% Criminal Justice Tax. As with Sales Tax,
public safety sales tax continues to be strong with collections coming in 6.4% above budget and
9.0% ahead of 2023 for first half collections of $987k.
Utility Tax – This revenue source experiences fluctuations either from rate adjustments or
seasonal usage. Through the first half of the year, we are 4.9% ahead of budget at $2.23 million
and 14.9% ahead of the same period in 2023. Increases in water, wastewater, stormwater, and
solid waste were offset by decreases in electric, telephone, and cable utility taxes.
Gambling Taxes – Historically higher in the first half of the year, gambling tax revenues
exceeded budget by 9.4% to end the first six months at $134.3k and are 11.8% higher than the
same period in 2023. A portion of the increase is attributable to the collection of past due
gambling taxes that were paid in full in January and continue to remain current.
Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax. Leasehold Excise
tax is 34.1% higher than the same period in 2023 and 70.4% above budget through the first half
of the year. Admissions Tax is 1.5% lower than budget and is lagging the same period in 2023
by 26.9%. Overall, other taxes are exceeding the budget by 6.9% at $32.4k for the first half of
the year.
Licenses and Permits – The majority of this revenue is generated by development and is
difficult to budget for because it is volatile by nature. The first half of the year revenue outpaced
the budget by 53.8% to end the second quarter at $1.04 million (103.8%). Revenues are up
$347k or 50.2% compared to the same period in 2023.
Intergovernmental Revenue – This category includes State-shared revenue, the PUD privilege
tax, Criminal Justice funding and other grants. At the end of the second quarter, this category is
trending up from budget, largely due to the grant funding from the SAFER grant. Through the
first six months of the year, we have collected just over $1.16 million or 53.9% compared to
budget and are $450k or 62.9% higher than the same period in 2023.
Charges for Goods and Services primarily consist of:
Fees charged for Parks and Recreation Programs,
Zoning, subdivision, plan check and annexation fees,
School Resource Officers (SRO’s) reimbursed by Moses Lake School District, and;
Fire protective inspection fees and other fire reimbursements
The bulk of the fees charged for Parks and Recreation programs are received in the 3rd quarter of
the year. Parks, Recreation & Museum activity, and programming fees for the first half of the
COML Council Packet 7-23-24, Page 18 of 292
Page 5 of 11
year are under budget by 7.0% at $664k, and behind 2023 by 2.3%. Zoning, subdivision, and
plan check fees are slightly above budget at 51.3%, ($274k) and behind the same period in 2023
by 24.1%. SRO and Fire reimbursement fees are up 37.7% ($340k) compared to budget and
21.3% over 2023.
Fines and Penalties consist almost entirely of fines generated by the red-light camera program.
The issues related to the change from paper to electronic citations have been resolved and a new
contract is being negotiated. Due to this delay, we have not collected any revenue from the
program in 2024. We anticipate revenue generated from the program to begin in the third
quarter of the year.
Miscellaneous Revenues include interest earnings on investments and facility rentals. Interest
earnings continue to be strong resulting in revenues outperforming the budget by $1.1 million
through the first half of the year and exceeding the same period in 2023 by 28.7%. Interest is
allocated to other interest earning funds at year-end. Facility rentals for the first half of the year
exceeded the budget by 25.6% ($149k) and are ahead of the same period in 2023 by 20.6%.
Other Financing Sources are made up primarily of the City Administrative fee charged to funds
for services provided by the executive branch and finance and transfers in. The charges are
based on budget throughout the year and are trued-up to actuals once we have finished the final
accounting for the year.
Summary --Overall, General Fund revenue is above budget by 6.8% to end the first half of the
year at $20.2 million (56.8%) and is ahead of the same period in 2023 by $1.55 million (8.3%).
COML Council Packet 7-23-24, Page 19 of 292
Page 6 of 11
General Fund Expenditure Analysis
The General Fund Expenditures are slightly under budget at $19.2 million (47.5%) through the
first half of 2024 but ahead of the same period in 2023 by 12.8%. The increase over 2023
consists primarily of salaries, benefits, and increases in liability insurance, and utility costs.
Since the General Fund is nearly 60% staffing, events affecting total payroll have a significant
impact on budgets. Position vacancies may start out being an “overage” because of the cashout
of earned accrued leave balances, but then can produce savings when the position is vacant for
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
General Government
Legislative 357,490 265,880 152,394 155,702 141,696 67,044 47.3%
Executive 865,604 634,221 583,951 1,034,457 1,065,624 475,174 44.6%
Human Resources 192,726 339,757 541,957 575,782 607,307 307,910 50.7%
Finance 1,203,967 1,193,074 1,101,459 1,091,931 1,776,945 842,533 47.4%
Legal/Judicial 211,192 195,236 203,049 235,660 300,320 112,605 37.5%
Miscellaneous Services 148,188 172,289 173,999 249,336 239,376 150,131 62.7%
Subtotal - General Government 2,979,168 2,800,458 2,756,809 3,342,867 4,131,268 1,955,396 47.3%
Public Safety
Police 8,089,504 8,984,945 9,755,498 11,145,772 12,299,956 6,093,764 49.5%
Fire 4,263,979 4,115,121 3,958,430 5,433,485 7,214,290 3,493,826 48.4%
Animal Control 206,827 263,996 252,732 405,149 221,027 115,138 52.1%
Subtotal - Public Safety 12,560,310 13,364,063 13,966,659 16,984,405 19,735,273 9,702,728 49.2%
Utilities - Engineering 2,210,430 1,744,841 1,953,138 2,286,168 2,517,605 1,152,003 45.8%
Planning/Economic Development
Community Development 1,333,826 1,423,363 1,593,004 1,947,751 2,509,256 1,103,019 44.0%
Code Enforcement 307,134 311,099 407,606 326,928 378,112 158,193 41.8%
Subtotal - Planning/Economic
Development 1,640,960 1,734,463 2,000,610 2,274,679 2,887,368 1,261,212 43.7%
Social Services 72,381 72,665 86,707 104,094 105,800 82,549 78.0%
Culture and Recreation
Library 78,269 63,526 68,543 61,007 67,700 33,869 50.0%
Parks, Rec. & Cult. Svc.s 5,047,026 5,613,349 6,177,930 6,852,783 7,724,903 3,425,567 44.3%
Subtotal - Culture & Recreation 5,125,295 5,676,875 6,246,473 6,913,790 7,792,603 3,459,436 44.4%
TOTAL EXPENDITURES 24,588,544 25,393,364 27,010,396 31,906,003 37,169,917 17,613,325 47.4%
Other Financing Uses
Debt Service 114,400 733,600 839,800 770,544 833,523 505,055 60.6%
Capital Expenditures 23,098 520,773 477,257 242,956 458,368 102,985 22.5%
Transfers-Out 2,119,921 1,680,000 1,715,047 1,829,700 1,900,000 950,000 50.0%
Other Uses - - - - - - 0.0%
TOTAL GENERAL FUND EXPENDITURES 26,845,963 28,327,737 30,042,500 34,749,203 40,361,808 19,171,365 47.5%
CITY OF MOSES LAKE
GENERAL FUND EXPENDITURES
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
COML Council Packet 7-23-24, Page 20 of 292
Page 7 of 11
any length of time. Most variances in individual divisions are the result of annual pay increases,
increased professional services, increased utility and liability insurance costs.
General government funds are slightly under budget at the end of the second quarter at 47.3% or
$2.0 million. This is largely due to services that are paid for in full in January, such as liability
insurance and election costs, as well as increases in salaries, benefits, and professional services.
For many of the same reasons as General Government, Public Safety costs are slightly under
budget at 49.2% ($9.7 million). The main reason for the increase in costs is the salaries and
benefits for additional Fire Department staffing which will be offset by grant funding.
Engineering ($1.2 million, 45.8%), Planning/Economic Development ($1.3 million, 43.7%), and
Culture and Recreation ($3.5 million, 44.4%) are all under budget through the first half of the
year. This is largely due to vacant positions. Social Services are the annual services provided by
the Grant County Health District, the Moses Lake Senior Center and liquor taxes collected and
paid to Grant County for the chemical dependency/alcoholism program. These are generally
paid for in full at the beginning of the year, resulting in a budget overage of 78.0% to end the
quarter at $83k compared to a budget of $106k.
Conclusion—General Fund ended the first half of the year under budget at 47.5% of adopted
budget in expenditures, largely due to position vacancies, while revenues exceeded budget by
6.8%. Strong tax (sales, public safety and utility), licenses and permits, and interest collections
contributed to the increased revenue and more than offset revenues that are more unpredictable
and cyclical in nature.
Other Funds Analysis
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
Other Operating Funds 5,859,674 7,186,361 10,266,043 7,153,056 11,527,578 4,620,939 40.1%
Enterprise Funds 25,084,153 28,044,938 25,924,055 29,444,809 28,256,568 14,079,073 49.8%
Internal Service Funds 12,619,161 8,794,991 7,772,874 7,855,573 8,940,359 4,098,659 45.8%
Capital Improvement Funds 5,841,751 17,210,514 8,959,750 9,836,989 10,338,549 4,078,150 39.4%
Risk Mgmt./Employee Benefits 909,527 966,680 1,190,386 1,661,322 2,403,784 2,310,437 96.1%
Debt Service Funds 2,268,797 3,180,950 3,122,748 2,684,243 2,679,073 749,832 28.0%
TOTAL OTHER FUNDS REVENUES 52,583,064 65,384,433 57,235,857 58,635,992 64,145,911 29,937,090 46.7%
OTHER FUNDS REVENUES BY FUND TYPE
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
COML Council Packet 7-23-24, Page 21 of 292
Page 8 of 11
Through the first half of 2024, total Other Fund revenues are slightly under budget at 46.7%,
while expenses are under budget by 13.1% at 36.9%. Total Other Fund revenues ended the first
half of the year at $29.9 million while expenses came in at $25.4 million. The revenue shortfall
is attributable to the timing of receipts of intergovernmental revenues (grants) and taxes, while
expenses are under budget largely due to the timing of expenditures related to LTAC awards,
ARPA funding, homeless services, internal services, capital projects and debt service payments.
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
310 - Taxes 4,721,868 6,397,018 6,490,178 6,774,079 5,690,000 2,588,167 45.5%
320 - Licenses & Permits 190,578 212,519 206,302 231,919 120,000 136,174 113.5%
330 - Intergovernmental Revenues 1,986,156 3,079,182 5,104,172 2,300,910 7,184,822 1,221,087 17.0%
340 - Charges for Goods & Services 29,548,334 31,640,206 30,354,605 33,514,448 32,450,414 17,376,771 53.5%
348 - Internal Services Allocations 863,273 920,061 1,117,237 1,607,646 2,349,784 2,237,000 95.2%
360 - Miscellaneous Revenues 1,464,678 1,428,676 2,885,448 1,464,012 1,715,299 913,544 53.3%
390 - Other Financing Resources 4,814,459 13,445,822 227,358 17,736 525,000 103,063 19.6%
397 - Transfers In 8,993,718 8,260,950 10,850,558 12,725,242 14,110,592 5,361,284 38.0%
TOTAL OTHER FUNDS REVENUES 52,583,064 65,384,433 57,235,857 58,635,992 64,145,911 29,937,090 46.7%
OTHER FUNDS REVENUE COMPARISON BY REVENUE CATEGORY
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
Other Operating Funds 5,576,135 6,184,829 6,713,019 9,439,694 15,246,586 4,199,579 27.5%
Enterprise Funds 22,991,294 22,680,890 26,999,731 26,225,764 27,997,790 12,648,045 45.2%
Internal Service Funds 11,241,825 9,316,135 7,735,393 8,806,059 9,007,497 3,316,899 36.8%
Capital Improvement Funds 7,306,373 9,184,491 16,641,140 7,919,671 11,626,375 2,447,533 21.1%
Risk Management/Employee Benefit 989,361 887,335 1,180,704 1,871,035 2,327,987 1,996,475 85.8%
Debt Service 2,188,792 2,640,520 2,598,483 2,676,352 2,679,040 779,059 29.1%
TOTAL OTHER FUNDS EXPENDITURES 50,293,780 50,894,201 61,868,470 56,938,575 68,885,275 25,387,590 36.9%
OTHER FUNDS EXPENDITURES BY FUND TYPE
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
YTD BUDGET YTD ACTUAL % OF
2020 2021 2022 2023 2024 2024 BUDGET
General Government 6,685,947 5,939,636 6,641,143 8,048,654 9,116,179 4,975,247 54.6%
Public Safety 421,063 121,607 130,728 209,909 138,500 267,833 193.4%
Utilities 20,641,800 21,355,293 22,031,915 23,827,885 24,464,215 11,514,753 47.1%
Planning/Economic Development 207,113 233,808 404,208 423,067 525,000 35,462 6.8%
Social Services 270,985 1,172,558 836,840 966,542 791,826 251,516 31.8%
Culture and Recreation - - - - 30,000 - 0.0%
Debt Service 4,328,166 3,895,976 2,969,832 2,676,352 2,679,040 779,059 29.1%
Capital Improvement 10,479,307 12,295,853 19,041,053 10,698,063 18,839,240 3,551,242 18.9%
Transfers-Out 7,259,397 5,597,350 9,655,494 10,088,104 12,301,276 4,012,479 32.6%
Other Financing Uses - 282,120 157,257 - - - 0.0%
TOTAL OTHER FUNDS EXPENDITURES 50,293,780 50,894,201 61,868,470 56,938,575 68,885,275 25,387,590 36.9%
OTHER FUNDS EXPENDITURES BY EXPENSE CATEGORY
AS OF: JUNE 2024
(Budget vs Actual - 50.0% of year)
ACTUALS
COML Council Packet 7-23-24, Page 22 of 292
Page 9 of 11
Other Operating Funds are under budget in revenues by 9.9% ($4.6 million), while expenses are
under budget by 22.5% ($4.2 million). Enterprise funds revenues are on budget through the first
half of the year at $14.1 million, while expenses are under budget by 4.8% ($12.6 million).
Internal Service funds are under budget by 4.2% ($4.1 million) in revenues and 13.2% ($3.3
million) in expenses. Variances in capital funds (10.6% under budget in revenues, 28.9% under
budget in expenditures) are related to timing of major projects. Risk Management/Employee
Benefits are over budget in both revenue and expenditures due to the timing of the liability
insurance payment. Liability insurance is paid in full in January of each year making the transfer
from the various funds for payment of the insurance necessary at the beginning of each year.
Principal payments for the Debt Service are not made until the last half of the year, with interest
only due in the first half of the year.
Hotel/motel tax revenues ended the second quarter slightly above budget at $447k or 55.9%,
while expenses are significantly under budget by 26.1% ($238k) due to the timing of events that
are awarded funding. Some of the events funded are held during the second quarter of the year
but reimbursement doesn’t take place until the 3rd quarter. Revenues are ahead of the same
period in 2023 by 13.8%, while expenses are under 2023 by 3.4%.
Grants & Donations revenues exceeded budget by 39.5% to end the second quarter at $221k, and
ahead of the same period in 2023 by 47.3%. The increase over budget is due to confiscated and
forfeited property seizures. Expenses are over budget by 111.4% at $385k due to the purchase of
equipment (tasers) and increased investigation and patrol costs which is offset by reduced special
unit costs.
Homeless Services is under budget in both revenues (24.7%) and expenses (20.7%), ending the
first half of the year at $684k and $837k respectively, due to timing of reimbursements from the
grants and invoices received for payment of homeless services. Compared to the same period in
2023, Homeless Services is ahead in revenues (137%) and expenses (316.7%) due to grant
funding received and spent from Grant County to purchase pallet shelters and other previously
leased buildings. The ARPA funds allocated for Homeless Services by the City have not yet
been spent.
Paths and Trails is under budget in revenues by and expenditures due to the timing of grant funds
not yet received or spent for the WSDOT Sandy Williams Communities Program Grant for the
SR17 Shared Use Path from Patton Blvd. to Grape Drive.
Street operations and maintenance are above budget in revenues at 54.9% ($1.7 million) and
below budget in expenses at 36.5% ($1.2 million). The increase in revenues over budget is a
result of increased street & curb permits and insurance recoveries. Expenses are lower due to
reduced repair and maintenance costs which are anticipated to increase during the warmer
months.
COML Council Packet 7-23-24, Page 23 of 292
Page 10 of 11
Transportation Benefit District revenues are slightly ahead of budget at 54.6% ($1.4 million),
while expenses are on budget through the second quarter. Compared to 2023, revenues are
15.8% higher than 2023, while expenses are 14.9% higher for the first half of the year.
Enterprise funds are essentially on budget in revenues at 49.8% ($14.1 million) and 4.8% under
budget in expenditures at 45.2% ($12.6 million). Water and Wastewater revenues typically
increase during the hotter months, as more water is used for irrigating. Water is under budget in
revenue but is anticipated to catch up or exceed budget by the end of the third quarter. Expenses
are under budget due to vacancies and decreased repair & maintenance and professional services
costs during the first half of the year. Wastewater is slightly under budget in revenue at 47.7%
($3.4 million) and essentially on budget in expenses at 49% ($3.7 million) through the second
quarter. Sanitation revenues are ahead of budget by 12.5% ($3.2 million) due to increased
services while coming in under budget by 4.8% ($2.4 million) in expenses. Stormwater is under
budget in revenues and expenses at 36.2% ($606k) and 34.3% ($612k) respectively. The Airport
is ahead of budget by 30.3% ($56k) in revenues and slightly under budget in expenses at 45.6%
($36k). The Ambulance fund is slightly ahead of budget in revenues at $2.4 million (52.8%) and
under budget in expenses at $2.2 million (48.6%). Compared to the same period in 2023, the
Enterprise funds are ahead of revenues by 12.6% ($1.6 million) and 11.2% ($1.3 million) higher
in expenses.
The Internal Service funds are slightly under budget in revenue to end the first half of the year at
$4.1 million (45.8%) while expenses are 36.8% under budget at $3.3 million. Information
Technology Services is essentially on budget in revenue (50.2%) and expenses (49.2%), while
Equipment Rental is on budget in revenues (49.8%) and under budget in expenses (42.4%).
Building Maintenance is under budget in revenues (38.8%) due to timing of receipts from grant
funding and is under budget in expenses by 22.9% at 27.1% through the second quarter. Utility
Billing was moved under Finance in the General Fund in 2024.
As discussed previously, variances in capital funds are due to the timing of major projects, while
risk management and employee benefit funds are over budget due to the payment of the City’s
liability insurance in January. Debt Service funds are under budget due to the timing of when
principal payments are made on the bonds.
Conclusion
Overall, Citywide results through the second quarter are as expected. Citywide revenues ended
the first half of the year on budget at $50.2 million or 50.3% and were ahead of the same period
in 2023 by $5.0 million or 11.2%. Variances are due to normal timing of receipt of funds.
Citywide expenditures are under budget by 9.2%, to end the second quarter at $44.6 million or
40.8% of budget. Compared to the same period in 2023, expenditures are $1.7 million ahead of
2023 or 4.0% higher.
COML Council Packet 7-23-24, Page 24 of 292
Page 11 of 11
All funds have positive fund balances except for the Community Services Center fund which is
due to costs that were incurred for the design of a new police station at the end of 2023, but not
budgeted/paid until 2024. A budget amendment will be forthcoming to correct the deficit. At
the end of the second quarter the Citywide fund balance saw an increase of $5.6 million. Net
gains in the General Fund, Other Operating, Enterprise, Internal Service, Capital Improvement
and Risk Management funds more than offset the net use of fund balance in the Debt Service
funds due to . The General Fund saw a gain in fund balance of $1.07 million through the first
half of the year.
COML Council Packet 7-23-24, Page 25 of 292
Exhibit 1
Page 1 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
2019 Actual
Revenues
2020 Actual
Revenues
2021 Actual
Revenues
2022 Actual
Revenues
2023 Actual
Revenues 2024 Budget
2024 Actual
Reveues % Received
GENERAL FUND
Legislative 25 35 9,000 - - - - 0.0%
Executive 445 5,971 15,098 230 134 110,000 22 0.0%
Human Resources - - - - - - - 0.0%
Finance 809,725 371,279 438,656 476,646 2,395,940 1,043,950 1,737,815 166.5%
Community Development 673,655 1,050,544 1,322,492 1,104,954 2,227,548 1,312,700 1,113,947 84.9%
Legal 13,549 12,081 4,677 1,476 4,402 2,175 1,776 81.6%
Miscellaneous Services 20,279,094 21,754,013 23,441,556 25,240,832 26,551,200 26,814,559 14,391,581 53.7%
Library 40,313 40,313 43,193 43,193 43,193 47,200 - 0.0%
Engineering 886,475 18,725 8,390 235 2,762 - 1,661 0.0%
Parks, Recreation & Cultural Services 1,474,318 265,045 1,420,238 1,722,318 1,819,876 1,779,350 813,258 45.7%
Police 1,617,815 2,105,620 3,267,281 3,390,594 3,308,471 3,253,200 1,445,679 44.4%
Fire 92,209 268,238 401,506 270,926 491,852 1,289,592 736,432 57.1%
TOTAL GENERAL FUND 25,887,624 25,891,863 30,372,088 32,251,403 36,845,377 35,652,726 20,242,170 56.8%
OTHER OPERATING FUNDS
Tourism Activities 835,906 582,522 782,306 1,173,625 1,098,775 800,000 447,377 55.9%
Grants & Donations 371,477 570,652 280,896 277,769 320,653 247,244 221,341 89.5%
Local Fiscal Recovery (ARPA)- - - 3,365,998 - - - 0.0%
Homeless Services - 321,098 1,366,747 903,547 938,403 2,698,302 683,864 25.3%
Opioid Abatement - -- - - 17,062 211,877 1241.8%
Public Art Program - -- - 49,824 100,000 - 0.0%
Paths & Trails 2,351 12,086 12,215 11,881 12,263 2,084,900 1,031 0.0%
Street Operations 2,503,678 2,582,027 2,653,060 1,957,396 2,101,906 3,080,070 1,689,509 54.9%
Transportation Benefit District 1,691,661 1,791,289 2,091,136 2,575,826 2,631,232 2,500,000 1,365,939 54.6%
TOTAL OTHER OPERATING FUNDS 5,405,072 5,859,674 7,186,361 10,266,043 7,153,056 11,527,578 4,620,939 40.1%
ENTERPRISE FUNDS
Water Operations 7,042,797 9,558,627 10,674,754 9,217,758 10,339,872 9,800,737 4,454,679 45.5%
Wastewater Operations 4,986,920 5,965,088 6,622,599 5,896,892 6,715,549 7,031,950 3,355,163 47.7%
Sanitation 4,755,439 4,635,921 5,388,532 5,657,414 6,522,253 5,125,000 3,201,315 62.5%
Stormwater 1,051,136 1,431,595 1,731,249 1,120,785 1,397,405 1,673,547 605,812 36.2%
Airport 26,836 30,311 23,688 205,079 32,168 69,834 56,091 80.3%
Ambulance 3,564,912 3,462,611 3,604,115 3,826,126 4,437,561 4,555,500 2,406,013 52.8%
TOTAL ENTERPRISE FUNDS 21,428,039 25,084,153 28,044,938 25,924,055 29,444,809 28,256,568 14,079,073 49.8%
REVENUES
COML Council Packet 7-23-24, Page 26 of 292
Exhibit 1
Page 2 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
2019 Actual
Revenues
2020 Actual
Revenues
2021 Actual
Revenues
2022 Actual
Revenues
2023 Actual
Revenues 2024 Budget
2024 Actual
Reveues % Received
REVENUES
INTERNAL SERVICE FUNDS
Utility Billing 910,654 960,019 837,400 1,002,958 1,055,292 - - 0.0%
Information Technology Services 915,546 1,324,933 989,349 1,176,833 1,616,388 1,934,693 971,671 50.2%
Equipment Rental 3,792,460 6,235,063 4,187,014 2,976,758 3,186,666 3,714,968 1,851,006 49.8%
Building Maintenance 3,745,901 4,099,146 2,781,228 2,616,325 1,997,227 3,290,698 1,275,982 38.8%
TOTAL INTERNAL SERVICE FUNDS 9,364,561 12,619,161 8,794,991 7,772,874 7,855,573 8,940,359 4,098,659 45.8%
CAPITAL IMPROVEMENT FUNDS
Street Repair & Reconstruction 4,023,150 2,646,447 4,041,355 4,048,978 3,638,096 4,250,549 1,543,536 36.3%
Parks & Recreation Improvement 724,386 906,350 11,401,653 57,862 - 263,000 - 0.0%
Park Mitigation - Capital Projects 101,909 78,154 (69,604) 2,071 3,295 - 2,170 0.0%
Community Services Center - - - - 565,019 525,000 - 0.0%
Fire Mitigation Fund - - - - 87,021 - 367,648 0.0%
Water/Well Remediation - - - - 2,015,287 500,000 6,397 1.3%
Water Rights 124,560 160,800 287,110 950,840 358,279 500,000 8,400 1.7%
Water/Wastewater Construction 2,999,832 2,050,000 1,550,000 3,900,000 3,169,992 4,300,000 2,150,000 50.0%
TOTAL CAPITAL IMPROVEMENTS 7,973,837 5,841,751 17,210,514 8,959,750 9,836,989 10,338,549 4,078,150 39.4%
RISK MGMT./EMPLOYEE BENEFIT RSVRS.
Unemployment Compensation 68,897 61,352 46,307 106,999 84,996 144,000 72,000 50.0%
Risk Management 591,067 802,523 873,800 1,012,000 1,522,650 2,205,784 2,165,000 98.2%
Firemen's Relief & Pension 44,801 45,652 46,573 71,388 53,676 54,000 73,437 136.0%
TOTAL RISK MGMT./EMPLEE. BEN. RSVRS.704,765 909,527 966,680 1,190,386 1,661,322 2,403,784 2,310,437 96.1%
DEBT SERVICE
LOCAL Borrowing 21/22 - - 914,000 1,452,500 1,008,635 994,573 695,259 69.9%
GOB 2016 Refunding Bonds 381,333 381,217 376,800 375,900 376,200 380,000 21,103 5.6%
Water-Sewer 2011 Bond 565,000 565,000 565,000 - - - - 0.0%
Water-Sewer 2011 Bond Reserve - - - - - - - 0.0%
Water-Sewer 2004 Bond 674,250 676,250 682,000 686,248 1,224,000 1,228,500 29,250 2.4%
Water-Sewer 2004 Bond Reserve - - - - - - - 0.0%
PWTF W/S Debt Service 572,765 569,930 567,150 532,100 - - - 0.0%
2015 GO Bond Redemption 76,400 76,400 76,000 76,000 75,408 76,000 4,220 5.6%
TOTAL DEBT SERVICE 2,269,748 2,268,797 3,180,950 3,122,748 2,684,243 2,679,073 749,832 28.0%
TOTAL CITY BUDGET 73,033,646 78,474,927 95,756,521 89,487,261 95,481,369 99,798,637 50,179,260 50.3%
COML Council Packet 7-23-24, Page 27 of 292
Exhibit 1
Page 3 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
GENERAL FUND
Legislative
Executive
Human Resources
Finance
Community Development
Legal
Miscellaneous Services
Library
Engineering
Parks, Recreation & Cultural Services
Police
Fire
TOTAL GENERAL FUND
OTHER OPERATING FUNDS
Tourism Activities
Grants & Donations
Local Fiscal Recovery (ARPA)
Homeless Services
Opioid Abatement
Public Art Program
Paths & Trails
Street Operations
Transportation Benefit District
TOTAL OTHER OPERATING FUNDS
ENTERPRISE FUNDS
Water Operations
Wastewater Operations
Sanitation
Stormwater
Airport
Ambulance
TOTAL ENTERPRISE FUNDS
2019 Actual
Expenditures
2020 Actual
Expenditures
2021 Actual
Expenditures
2022 Actual
Expenditures
2023 Actual
Expenditures 2024 Budget
2024 Actual
Expenditures % Expended
348,327 357,490 265,880 152,394 155,702 141,696 67,044 47.3%
938,597 865,604 634,221 583,951 1,034,457 1,065,624 475,174 44.6%
301,375 192,726 339,757 541,957 575,782 607,307 307,910 50.7%
1,090,564 1,203,967 1,193,074 1,101,459 1,091,931 1,926,945 842,533 43.7%
1,411,301 1,640,960 1,734,463 2,000,610 2,274,679 3,037,368 1,261,212 41.5%
208,641 211,192 195,236 203,049 235,660 300,320 112,605 37.5%
1,804,832 2,340,491 1,924,954 1,975,753 2,394,149 2,245,176 1,182,680 52.7%
78,976 78,269 63,526 68,543 61,007 67,700 33,869 50.0%
2,055,148 2,210,430 1,744,841 1,953,138 2,286,168 2,577,605 1,211,676 47.0%
5,874,843 5,161,426 6,634,331 7,126,912 6,997,616 8,349,603 3,772,958 45.2%
7,647,601 8,296,331 9,248,942 10,008,230 11,904,921 12,526,351 6,209,619 49.6%
3,819,916 4,287,077 4,348,512 4,326,505 5,737,133 7,516,113 3,694,085 49.1%
25,580,122 26,845,963 28,327,737 30,042,500 34,749,203 40,361,808 19,171,365 47.5%
990,562 546,513 640,008 779,808 797,461 914,050 238,328 26.1%
310,127 472,569 184,755 196,359 209,909 238,500 384,836 161.4%
- - - 516,046 2,833,414 3,316,520 261,451 7.9%
- 270,985 1,172,558 836,840 966,542 2,862,878 837,442 29.3%
- - - - - - - 0.0%
- - - - - 30,000 - 0.0%
- 27,577 4,803 996 - 2,083,900 23,504 1.1%
2,458,984 2,608,491 2,332,705 2,228,971 2,457,369 3,300,738 1,204,018 36.5%
1,650,000 1,650,000 1,850,000 2,154,000 2,175,000 2,500,000 1,250,000 50.0%
5,409,673 5,576,135 6,184,829 6,713,019 9,439,694 15,246,586 4,199,579 27.5%
7,380,789 7,604,461 7,135,247 7,868,766 6,640,728 8,709,637 3,685,709 42.3%
7,075,856 6,462,877 5,949,308 8,771,973 7,878,407 7,517,567 3,682,190 49.0%
4,137,933 4,318,647 5,006,097 5,423,286 5,966,940 5,372,800 2,429,505 45.2%
911,267 1,313,388 997,534 822,044 1,298,035 1,784,832 612,157 34.3%
25,746 28,250 28,431 200,156 71,483 79,250 36,165 45.6%
2,744,375 3,263,671 3,564,272 3,913,506 4,370,171 4,533,704 2,202,318 48.6%
22,275,965 22,991,294 22,680,890 26,999,731 26,225,764 27,997,790 12,648,045 45.2%
EXPENDITURES
COML Council Packet 7-23-24, Page 28 of 292
Exhibit 1
Page 4 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
GENERAL FUND
INTERNAL SERVICE FUNDS
Utility Billing
Information Technology Services
Equipment Rental
Building Maintenance
TOTAL INTERNAL SERVICE FUNDS
CAPITAL IMPROVEMENT FUNDS
Street Repair & Reconstruction
Parks & Recreation Improvement
Park Mitigation - Capital Projects
Community Services Center
Fire Mitigation Fund
Water/Well Remediation
Water Rights
Water/Wastewater Construction
TOTAL CAPITAL IMPROVEMENTS
RISK MGMT./EMPLOYEE BENEFIT RSVRS.
Unemployment Compensation
Risk Management
Firemen's Relief & Pension
TOTAL RISK MGMT./EMPLEE. BEN. RSVRS.
DEBT SERVICE
LOCAL Borrowing 21/22
GOB 2016 Refunding Bonds
Water-Sewer 2011 Bond
Water-Sewer 2011 Bond Reserve
Water-Sewer 2004 Bond
Water-Sewer 2004 Bond Reserve
PWTF W/S Debt Service
2015 GO Bond Redemption
TOTAL DEBT SERVICE
TOTAL CITY BUDGET
2019 Actual
Expenditures
2020 Actual
Expenditures
2021 Actual
Expenditures
2022 Actual
Expenditures
2023 Actual
Expenditures 2024 Budget
2024 Actual
Expenditures % Expended
EXPENDITURES
918,311 871,078 876,869 887,919 1,072,343 - - 0.0%
642,546 1,132,352 1,166,014 1,212,733 1,379,321 1,918,951 944,964 49.2%
2,689,317 5,449,382 4,417,933 3,806,518 4,090,745 2,949,995 1,251,027 42.4%
4,316,046 3,789,013 2,855,320 1,828,223 2,263,651 4,138,551 1,120,908 27.1%
8,566,220 11,241,825 9,316,135 7,735,393 8,806,059 9,007,497 3,316,899 36.8%
2,560,538 2,496,666 1,365,240 6,754,585 1,273,881 3,819,124 540,155 14.1%
445,667 599,194 4,538,813 6,823,339 - 274,400 46,800 17.1%
- 680,000 - - - 41,021 40,836 99.5%
- - - - 640,675 515,099 - 0.0%
- - - - - - - 0.0%
- - - - 164,697 1,085,000 262,761 24.2%
- - - - 818,339 795,000 - 0.0%
3,727,909 3,530,512 3,280,438 3,063,215 5,022,080 5,096,731 1,556,980 30.5%
6,734,114 7,306,373 9,184,491 16,641,140 7,919,671 11,626,375 2,447,533 21.1%
73,143 63,148 30,831 85,788 30,707 90,000 23,070 25.6%
713,882 880,560 821,075 1,060,118 1,818,322 2,202,987 1,960,251 89.0%
50,319 45,652 35,428 34,799 22,005 35,000 13,153 37.6%
837,344 989,361 887,335 1,180,704 1,871,035 2,327,987 1,996,475 85.8%
- - 399,787 989,824 1,000,652 994,573 695,259 69.9%
381,583 381,292 376,583 375,917 376,133 379,967 21,083 5.5%
39,162 553,909 551,262 - - - - 0.0%
- - - - - - 29,250 0.0%
183,193 644,775 650,024 639,337 1,224,350 1,228,500 29,250 2.4%
- - - - - - - 0.0%
17,790 559,916 565,486 530,493 - - - 0.0%
21,660 48,901 97,378 62,913 75,217 76,000 4,217 5.5%
643,388 2,188,792 2,640,520 2,598,483 2,676,352 2,679,040 779,059 29.1%
70,046,827 77,139,743 79,221,937 91,910,970 91,687,778 109,247,083 44,558,955 40.8%
COML Council Packet 7-23-24, Page 29 of 292
Exhibit 1
Page 5 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
GENERAL FUND
Legislative
Executive
Human Resources
Finance
Community Development
Legal
Miscellaneous Services
Library
Engineering
Parks, Recreation & Cultural Services
Police
Fire
TOTAL GENERAL FUND
OTHER OPERATING FUNDS
Tourism Activities
Grants & Donations
Local Fiscal Recovery (ARPA)
Homeless Services
Opioid Abatement
Public Art Program
Paths & Trails
Street Operations
Transportation Benefit District
TOTAL OTHER OPERATING FUNDS
ENTERPRISE FUNDS
Water Operations
Wastewater Operations
Sanitation
Stormwater
Airport
Ambulance
TOTAL ENTERPRISE FUNDS
BEG. FUND
BAL.
1/1/2024
2024
Gain/(Use) of
Fund Balance 6/30/2024
12,146,237 1,070,805 13,217,041
1,559,221 209,049 1,768,270
1,208,694 (163,495) 1,045,199
3,381,602 (261,451) 3,120,150
401,148 (153,577) 247,571
50,358 211,877 262,235
49,824 - 49,824
116,362 (22,473) 93,889
484,746 485,491 970,236
1,400,452 115,939 1,516,391
8,652,405 421,359 9,073,765
4,607,649 768,970 5,376,619
3,071,647 (327,027) 2,744,620
1,897,071 771,810 2,668,881
879,571 (6,345) 873,227
59,664 19,926 79,590
608,122 203,695 811,817
11,123,724 1,431,028 12,554,752
END. FUND BAL.
COML Council Packet 7-23-24, Page 30 of 292
Exhibit 1
Page 6 of 6
CITY OF MOSES LAKE
2024 FUND SUMMARY
AS OF: JUNE 2024
GENERAL FUND
INTERNAL SERVICE FUNDS
Utility Billing
Information Technology Services
Equipment Rental
Building Maintenance
TOTAL INTERNAL SERVICE FUNDS
CAPITAL IMPROVEMENT FUNDS
Street Repair & Reconstruction
Parks & Recreation Improvement
Park Mitigation - Capital Projects
Community Services Center
Fire Mitigation Fund
Water/Well Remediation
Water Rights
Water/Wastewater Construction
TOTAL CAPITAL IMPROVEMENTS
RISK MGMT./EMPLOYEE BENEFIT RSVRS.
Unemployment Compensation
Risk Management
Firemen's Relief & Pension
TOTAL RISK MGMT./EMPLEE. BEN. RSVRS.
DEBT SERVICE
LOCAL Borrowing 21/22
GOB 2016 Refunding Bonds
Water-Sewer 2011 Bond
Water-Sewer 2011 Bond Reserve
Water-Sewer 2004 Bond
Water-Sewer 2004 Bond Reserve
PWTF W/S Debt Service
2015 GO Bond Redemption
TOTAL DEBT SERVICE
TOTAL CITY BUDGET
BEG. FUND
BAL.
1/1/2024
2024
Gain/(Use) of
Fund Balance 6/30/2024
END. FUND BAL.
- - -
975,849 26,707 1,002,556
1,846,628 599,979 2,446,607
2,307,297 155,074 2,462,371
5,129,775 781,760 5,911,535
3,400,881 1,003,381 4,404,261
705,260 (46,800) 658,460
38,997 (38,667) 330
- - (75,656)
426,955 367,648 794,603
1,892,129 (256,365) 1,635,765
1,573,337 8,400 1,581,737
3,625,518 593,020 4,218,539
11,663,078 1,630,617 13,218,039
103,974 48,930 152,904
111,098 204,749 315,847
431,795 60,284 492,080
646,868 313,963 960,831
984,872 - 984,872
184,647 20 184,667
10,304 - 10,304
567,600 (29,250) 538,350
5,792 - 5,792
701,500 - 701,500
20,196 - 20,196
9,467 3 9,471
2,484,379 (29,227) 2,455,152
51,846,465 5,620,304 57,391,114
COML Council Packet 7-23-24, Page 31 of 292
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Mike Jackson, Interim City Manager 18572
Madeline Prentice, Director Finance
7/23/2024 City Manager's Report
2025 Budget Guidelines Memo
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
N/A
2025 Budget Memo 2.docx 48.16KB
The 2025 Budget Guidelines and Budget Calendar are attached for your review and consideration. The budget
workshop to discuss the proposed budget with Council is scheduled for Saturday, October 5th from 8:00 a.m. to
12:00 p.m. Council's priorities from the July 2024 special meeting are included in the budget guidelines.
Fiscal and Policy Implications
The annual budget must be formally adopted by City Council after public hearings have been held. The
property tax levy must be approved and submitted to the County Assessor no later than November 30th. Final
public hearing on the proposed budget must be held no later than the first Monday in December, with final
budget adoption occurring no later than December 31st. Staff is recommending that the final budget hearing
and adoption of the 2025 budget be held on November 28, 2024.
Options and Results
Approve, Authorize, or Adopt:
N/A
Provide Amended Direction:
Staff will bring back options for recommended changes.
COML Council Packet 7-23-24, Page 32 of 292
No Action Taken:
Budget workshop will be held on October 5, 2024, with priorities as identified.
COML Council Packet 7-23-24, Page 33 of 292
MEMORANDUM
DRAFT
To: City Manager
Department Directors Division Managers Administrative Support Staff
From: Madeline Prentice, Finance Director
Date: July 16, 2024
Re: Fiscal Year 2025 Budget Guidelines
The purpose of these instructions is to communicate the process we will be using to develop the FY 2025 budget. We will be considering key strategies, priorities, and objectives with the overall goal of allocating resources to meet the following strategic priorities of the City Council.
Vision
Moses Lake is a diverse, connected and supportive community of innovation and opportunity that values its namesake lake, small town vibe, growing arts and cultural scene, aerospace, manufacturing and agricultural heritage and an abundance of sunshine and outdoor activities.
Mission
Provide a service-oriented government that works with all interests in the community to implement our Vision.
CITY COUNCIL PRIORITIES
In July 2024, the Council met to establish and update priorities for the City which are:
•Manage and Encourage City Growth
o Add and revitalize infrastructure (water, sewer, transportation)
Merge Public Works Capital Plan with Utilities Rate Study
Secure adequate water resources through acquisition and efficiencies
Establish 2024/2025 workplan to implement water projects as a top
priority. Wells, reservoirs, filtration, and other large and small projects.
o Streamline City permitting processes
Contract for building plan review and Building Official as necessary
Set and adhere to planning deadlinesoPromote opportunities to address housing needs and ability to increase supply
Implement new Development Code
o Utilize manufacturing presence to leverage investment
Emphasize regional relationships with Grant County and others
Highlight manufacturing in Economic Development webpage
COML Council Packet 7-23-24, Page 34 of 292
o Add and revitalize infrastructure (water, sewer, transportation)
Merge Public Works Capital Plan with Utilities Rate Study
Secure adequate water resources through acquisition and efficiencies
Establish 2024/2025 workplan to implement water projects as a toppriority. Wells, reservoirs, filtration, and other large and small projects.
• Crime Reduction
o Actively engage and promote community policing strategies. Engage communitythrough training and collaborationoExplore areas of focus for small crimes
Can be task force, a month of emphasis, or other
o Add streetlights where needed. Ensure all lights are operational
o Emphasize programs that can steer youth positively
Highlight positive impact of Parks and Recreation Programs on youth andalign goals with new programming
Promote youth programs offered by other agencies
Consider citywide youth opportunities such as policing, fire, field trips tocity hall and other involvement by our young citizens.o Address drug and transient issues
Opioid abatement program
Community Development transitional programs
o Collaborate on gang/drug initiatives
o Augment graffiti abatement efforts
Set deadlines for graffiti removal
Multi-department approach
Volunteer opportunities, scout badges, service clubs
o Enhance Corridors
Cleanup trash
Repair property damage in a timely manner
Maintain existing facilities
• Collaboration
o Align interests with County, Port, Economic Development Committee (EDC), BigBend Community College (BBCC), Watershed Council, etc.
Be responsive to the public, customers and agencies - hire with customerservice in mind
• Preserve Lake Health and Access
o Add infrastructure that can help the lake (sewer, stormwater)
o Support the efforts of the Watershed CounciloAddress EPA Superfund Site
•City Sustainability
o Financial Stability
Maintain and ending fund balance of 15% - 25%
Refrain from utilizing 2024 Ending Fund Balance as revenue source for2025 Budget. Reserve funds for Capital Outlay.o Utilities and infrastructure sustainability
COML Council Packet 7-23-24, Page 35 of 292
Focus on long range planning to ensure sustainability of Cityinfrastructure
•Address Aquifer Issue
o Update water communication plan. Address aquifer issue in staff work plan.
•CommunicationoIncrease visibility in the community
Utilize PIO to identify and implement a communication workplan
COML Council Packet 7-23-24, Page 36 of 292
KEY PRINCIPLES
The following key principles will be observed as we prepare the City’s 2025 budget:
•The City must adopt a balanced budget that is focused on long-term sustainability anddoes not rely on 2024 ending fund balance as a source of General Fund revenueoThis will require departments to scrutinize budgets and offer areas of reduction.
Departments should offer ideas on changing the method of service delivery,altering current service levels, or discontinuing certain services to live withinavailable resources.o Departments will provide breakdown of each line item for review with City
Manager and Finance Director
o Any increases in service will likely result in offsetting reductions elsewhere in thebudget.
Align with Council Priorities
•Department goals should align with Councils’ priorities.
•Identify key performance measures that can be used to evaluate the effectiveness andefficiencies of meeting the priorities.
•Identify capital investments for projects, facilities, and equipment that will optimize cityinfrastructure, services, and operational efficiencies. Include maintenance and operatingcosts in your capital requests.
•Unrestricted reserve funds shall only be used for one-time capital costs. Ongoing
maintenance and operating expenses will be reviewed on a line-item basis to ensure need.
Staffing and Personnel
•For costs related to staffing, the preliminary budget will incorporate increases related to
contractual obligations negotiated for our represented employees and non-represented
will be based on the step program developed in 2023. Finance will perform thesecalculations.
•New or reclassified positions will be considered if the need can be justified in the
fulfillment of the City’s goals.
•The “base” overtime budget should be estimated as though the operation is fully staffed.Overtime caused by vacancies should be covered by related salary savings.
Significant Changes
•If there are significant programs and operational changes needed, a policy proposalshould be written to meet City priorities. Significant operation program changes include:
o Major service reductions or expansions;
o Any increase or decrease in staffing levels;
o Significant one-time costs, including all capital improvements;o Significant ongoing cost increase to maintain existing services or changes in themethod of service delivery;
COML Council Packet 7-23-24, Page 37 of 292
o Changes in operations that will significantly affect customer service – eitherexternal or internal to the organization; and
o Proposed fee increases or new revenue sources.
Any proposal for additional budget authority for staff or programs should come with proposed revenues to cover the additional costs or proposed expenditure reductions in other areas.
Sales tax is strong in the first half of 2024, fueled by major construction projects. Since much of
the increase is tied to “one-time” projects, we will strive to use these balances for capital projects in 2025.
In past years, as budgets allowed, we have increased contributions to capital reserves for
replacement in the Fleet Maintenance and Building Maintenance Funds and made additional
contributions to Central Services for Information Technology hardware and software replacement. We will continue to evaluate capital replacement needs as we work through the 2025 budget.
Finance will be submitting more detailed instructions for budget development under separate
cover. The RCW Budget calendar and estimated target dates to meet state law requirements are attached to this document.
COML Council Packet 7-23-24, Page 38 of 292
Budget Calendar for
Preparation of 2025 Budgets
Major Steps in Budget Preparation
State Law Time Limitations
Actual 2024 Date
Moses Lake's Date
Policy setting sessions between City Council, City
Manager & Department Heads.
Not Applicable Not Applicable June – July
1. Request by Finance Director to all department heads and those in charge of municipal offices to prepare detailed estimates of revenues and
expenditures for next fiscal year (calendar year).
RCW 35.33.031 and RCW 35A.33.030.
By second Monday in September.1 September 9 July 26
2. Estimates are to be filed with the Finance
Director. RCW 35.33.031 and RCW 35A.33.030.
By fourth Monday in
September.
September 23 August 23
3. Implicit price deflator calculated. By fourth Wednesday
in September.
September 25 September 25
4. Estimates are presented to the City Manager for
modifications, revisions or additions. Finance
Director must submit to City Manager proposed preliminary budget setting forth the complete financial program, showing expenditures requested
by each department and sources of revenue by
which each such program is proposed to be
financed. RCW 35.33.031 and RCW 35A.33.030.
On or before the first
business day in the
third month prior to beginning of the fiscal year.
October 1 September 10
5. City Manager provides the legislative body with
current information on estimates of revenues from
all sources as adopted in the budget for the current year. City Manager also provides the legislative
body with the clerk’s proposed preliminary budget
setting forth the complete financial program,
showing expenditures requested by each department and sources of revenue by which each such program is proposed to be financed. RCW
35.33.135 and 35A.33.135
No later than the first
Monday in October.
October 7 October 5 -
summary
6. The legislative body must hold a public hearing on revenue sources for the coming year's budget,
including consideration of possible increases in
property tax revenues. RCW 84.55.120. After the
hearing, a city may choose to pass an ordinance at the same meeting authorizing a property tax
increase in terms of dollars and percent to comply
with Referendum 47.
Before legislative body votes on
property tax levy.
Deadlines for levy
setting are in item 9 below.
See Item 9 Mid-October to
mid-November.
October 22 or November 12
COML Council Packet 7-23-24, Page 39 of 292
7. City Manager prepares preliminary budget and
budget message2 and files with the city legislative
body and Finance Director. RCW 35.33.055 &
35A.33.052.
At least 60 days before
the ensuing fiscal year.
November 2 October 22
8. Clerk publishes notice of filing of preliminary
budget with Finance Director and publishes notice
of public hearing on final budget once a week for
two consecutive weeks. RCW 35.33.061 &
35A.33.050.
No later than the first
two weeks in
November.
November 1 –
November 18
October 2
October 16
9. Setting property tax levies. RCW 84.52.070. November 30 for all cities and towns. November 30 October 22 – 1st November 12 – 2nd
10. The legislative body, or a committee thereof,
must schedule hearings on the budget or parts of
the budget and may require the presence of
department heads. RCW 35.33.057 & 35A.33.055.
Prior to the final
hearing.
November 1
through 25
(suggested)
October 22 or
November 12 –
following Council
workshop.
11. Copies of proposed (preliminary) budget made
available to the public. RCW 35.33.055 &
35A.33.052.
No later than six
weeks before January
1.
November 21 November 4
12. Final hearing on proposed budget. RCW
35.33.071 & 35A.33.070.
On or before first
Monday of December,
and may be continued
from day-to-day but
no later than the 25th
day prior to next fiscal
year (December 7).
December 2 November 26
13. Adoption of budget for 2001. RCW 35.33.075 & 35A.33.075. Following the public hearing and prior to beginning of the ensuing fiscal year.
Day of public hearing through December 31.
November 26 or December 10
14. Copies of final budget to be transmitted to the
State Auditor's Office and to MRSC.
After adoption After adoption
1 RCW 35.33.031 actually provides "on or before the second Monday of the fourth month," etc. Therefore, pursuant to the state budget law, that step
(and certain others) could be taken before the dates listed here. See also, RCW 35A.33.030.
2 RCW 35.33.057 and RCW 35A.33.055 specify that the budget message must contain the following:
An explanation of the budget document;
An outline of the recommended financial policies and programs of the city for the ensuing fiscal year;
A statement of the relation of the recommended appropriation to such policies and programs;
A statement of the reason for salient changes from the previous year in appropriation and revenue items;
An explanation for any recommend major changes in financial policy
3If a due date falls on a Saturday, Sunday or Holiday, that due date becomes the next business day. RCW 1.12.070.
COML Council Packet 7-23-24, Page 40 of 292
o Changes in operations that will significantly affect customer service – either external or internal to the organization; and
o Proposed fee increases or new revenue sources.
Any proposal for additional budget authority for staff or programs should come with proposed revenues to cover the additional costs or proposed expenditure reductions in other areas.
Sales tax is strong in the first half of 2024, fueled by major construction projects. Since much of
the increase is tied to “one-time” projects, we will strive to use these balances for capital projects in 2025. In past years, as budgets allowed, we have increased contributions to capital reserves for
replacement in the Fleet Maintenance and Building Maintenance Funds and made additional
contributions to Central Services for Information Technology hardware and software replacement. We will continue to evaluate capital replacement needs as we work through the 2025 budget.
Finance will be submitting more detailed instructions for budget development under separate
cover. The RCW Budget calendar and estimated target dates to meet state law requirements are attached to this document.
COML Council Packet 7-23-24, Page 41 of 292
Budget Calendar for
Preparation of 2025 Budgets
Major Steps in Budget Preparation
State Law Time Limitations
Actual 2024 Date
Moses Lake's Date
Policy setting sessions between City Council, City
Manager & Department Heads.
Not Applicable Not Applicable June – July
1. Request by Finance Director to all department heads and those in charge of municipal offices to prepare detailed estimates of revenues and
expenditures for next fiscal year (calendar year).
RCW 35.33.031 and RCW 35A.33.030.
By second Monday in September.1
September 9
July 26
2. Estimates are to be filed with the Finance
Director. RCW 35.33.031 and RCW 35A.33.030.
By fourth Monday in
September.
September 23 August 23
3. Implicit price deflator calculated. By fourth Wednesday
in September.
September 25 September 25
4. Estimates are presented to the City Manager for
modifications, revisions or additions. Finance
Director must submit to City Manager proposed preliminary budget setting forth the complete financial program, showing expenditures requested
by each department and sources of revenue by
which each such program is proposed to be
financed. RCW 35.33.031 and RCW 35A.33.030.
On or before the first
business day in the
third month prior to beginning of the fiscal year.
October 1 September 10
5. City Manager provides the legislative body with
current information on estimates of revenues from
all sources as adopted in the budget for the current year. City Manager also provides the legislative
body with the clerk’s proposed preliminary budget
setting forth the complete financial program,
showing expenditures requested by each department and sources of revenue by which each such program is proposed to be financed. RCW
35.33.135 and 35A.33.135
No later than the first
Monday in October.
October 7 October 5 -
summary
6. The legislative body must hold a public hearing on revenue sources for the coming year's budget,
including consideration of possible increases in
property tax revenues. RCW 84.55.120. After the
hearing, a city may choose to pass an ordinance at the same meeting authorizing a property tax
increase in terms of dollars and percent to comply
with Referendum 47.
Before legislative body votes on
property tax levy.
Deadlines for levy
setting are in item 9 below.
See Item 9 Mid-October to
mid-November.
October 22 or November 12
COML Council Packet 7-23-24, Page 42 of 292
7. City Manager prepares preliminary budget and
budget message2 and files with the city legislative
body and Finance Director. RCW 35.33.055 &
35A.33.052.
At least 60 days before
the ensuing fiscal year.
November 2 October 22
8. Clerk publishes notice of filing of preliminary
budget with Finance Director and publishes notice
of public hearing on final budget once a week for
two consecutive weeks. RCW 35.33.061 &
35A.33.050.
No later than the first
two weeks in
November.
November 1 –
November 18
October 2
October 16
9. Setting property tax levies. RCW 84.52.070. November 30 for all cities and towns. November 30 October 22 – 1st November 12 – 2nd
10. The legislative body, or a committee thereof,
must schedule hearings on the budget or parts of
the budget and may require the presence of
department heads. RCW 35.33.057 & 35A.33.055.
Prior to the final
hearing.
November 1
through 25
(suggested)
October 22 or
November 12 –
following Council
workshop.
11. Copies of proposed (preliminary) budget made
available to the public. RCW 35.33.055 &
35A.33.052.
No later than six
weeks before January
1.
November 21 November 4
12. Final hearing on proposed budget. RCW
35.33.071 & 35A.33.070.
On or before first
Monday of December,
and may be continued
from day-to-day but
no later than the 25th
day prior to next fiscal
year (December 7).
December 2 November 26
13. Adoption of budget for 2001. RCW 35.33.075 & 35A.33.075.
Following the public hearing and prior to beginning of the ensuing fiscal year.
Day of public hearing through December 31.
November 26 or December 10
14. Copies of final budget to be transmitted to the
State Auditor's Office and to MRSC.
After adoption After adoption
1 RCW 35.33.031 actually provides "on or before the second Monday of the fourth month," etc. Therefore, pursuant to the state budget law, that step
(and certain others) could be taken before the dates listed here. See also, RCW 35A.33.030.
2 RCW 35.33.057 and RCW 35A.33.055 specify that the budget message must contain the following:
An explanation of the budget document;
An outline of the recommended financial policies and programs of the city for the ensuing fiscal year;
A statement of the relation of the recommended appropriation to such policies and programs;
A statement of the reason for salient changes from the previous year in appropriation and revenue items;
An explanation for any recommend major changes in financial policy
3If a due date falls on a Saturday, Sunday or Holiday, that due date becomes the next business day. RCW 1.12.070.
COML Council Packet 7-23-24, Page 43 of 292
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mike Jackson, Interim City Manager 18595
Madeline Prentice, Director Finance
7/23/2024 Consent Agenda
Disbursement report since July 9, 2024
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
4,298,664.12$4,298,664.12$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: 376 - 391 - $2,731,812.75
Checks: 166156 - 166368 - $813,815.50
Payroll Checks: 07-05-2024 PR, #66290 - 66326 - $20,399.38 (#66287 - 66289 - voided)
Electronic Payments: 07-05-2024 Direct Deposit: - $732,636.49
Vouchers - 07.23.2024.pdf 124.88KB
COML Council Packet 7-23-24, Page 44 of 292
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at
least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the
above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have
been furnished, the services rendered, or the labor performed as described, and that the claims are just, due
and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been
met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body
has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the
legislative body had adopted policies that implement effective internal control; (3) the legislative body has
provided for review of the documentation supporting the claims within a month of issuance; and (4) that if
claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 7-23-24, Page 45 of 292
TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME 7/1/2024 AMOUNT 7/23/2024
001 GENERAL FUND 14,594,063 1,570,887.26 13,023,175
102 TOURISM 1,733,305 1,296.00 1,732,009
103 GRANTS AND DONATIONS 1,051,838 18,778.94 1,033,059
105 ARPA 3,120,150 - 3,120,150
110 HOMELESS SERVICES 301,724 145,486.86 156,237
111 OPIOID ABATEMENT 262,235 - 262,235
112 PUBLIC ARTS FUND 49,824 - 49,824
114 PATHS/TRAILS 93,889 - 93,889
116 STREET 879,265 66,413.70 812,851
119 STREET REPR/RECON 4,376,770 1,630.73 4,375,139
170 TRANSPORTATION BENEFIT DISTRICT 1,516,391 - 1,516,391
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 184,667 - 184,667
314 PARK & RECREATION IMPROVEMENTS 659,517 1,782.00 657,735
315 PARK MITIGATION CAPITAL PROJECTS 15,330 - 15,330
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 804,132 - 804,132
322 WATER REMIDIATION 1,593,866 84,529.28 1,509,337
410 WATER/WASTEWATER 8,503,824 288,558.97 8,215,265
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE 538,350 - 538,350
452 2004 BOND FUND 5,792 - 5,792
453 2004 BOND FUND - RESERVE 701,500 - 701,500
471 WATER RIGHTS 1,578,642 - 1,578,642
477 WATER SEWER CONSTRUCTION 4,173,746 175,668.93 3,998,077
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,471 - 9,471
490 SANITATION 2,407,762 62,838.82 2,344,923
493 STORM WATER 907,504 74,518.10 832,986
495 AIRPORT 78,303 - 78,303
498 AMBULANCE 1,022,217 170,063.97 852,153
501 UNEMPLOYMENT COMPENSATION INSURANCE 152,904 152,904
503 SELF-INSURANCE 279,665 63.00 279,602
517 CENTRAL SERVICES 683,527 62,678.77 620,848
519 EQUIPMENT RENTAL 2,351,902 60,579.14 2,291,323
528 BUILDING MAINTENANCE 2,111,892 117,481.43 1,994,411
611 FIRE PENSION 492,080 - 492,080
623 DEPOSIT 1,583,786 640,487.85 943,298
631 STATE 25,055 1,881.50 23,173
TOTAL 59,860,258$ 3,545,625.25$ 56,314,632$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 07/23/2024
COML Council Packet 7-23-24, Page 46 of 292
Check Name Check Amount Check Date Invoice Description
376 Aflac 2,206.75 06/03/2024 Aflac Employee Coverage
377 Aflac 2,113.41 07/08/2024 Aflac Coverage
378 Assn Of Wash Cities 464,951.47 06/12/2024 Health Insurance Premiums
379 Assn Of Wash Cities 457,864.18 07/05/2024 Health Insurance Premiums
380 Dept Of Retirement Systems 120,168.44 04/02/2024 Retirement Contributions
381 Dept Of Retirement Systems 132,533.68 07/14/2024 2409 DRS Contributions
382 Dept Of Retirement Systems 2,289.34 05/06/2024 G Fletcher Retro Check
383 Dept Of Retirement Systems 133,686.81 05/17/2024 Retirement Contributions
384 Dept Of Retirement Systems 133,502.04 06/18/2024 2411 Retirement
385 Dept Of Retirement Systems 137,590.94 06/24/2024 2412 DRS Retirement Contributions
386 Dept Of Retirement Systems 129,902.01 07/09/2024 Retirement Contributions
387 FICA-Medicare 197,355.32 05/13/2024 Payroll Taxes 2410
388 FICA-Medicare 191,611.76 05/28/2024 Payroll Taxes
389 FICA-Medicare 203,482.64 06/10/2024 2412 Payroll Taxes
390 FICA-Medicare 202,942.89 06/24/2024 Payroll Taxes 2413
391 FICA-Medicare 219,611.07 07/08/2024 Payroll Taxes
166156 AAA Readymix Inc 1,112.14 07/05/2024 Concrete Delivery
166157 Ag Supply Ace Hardware 33.81 07/05/2024 Misc. Parts
166158 Amazon Capital Services, Inc.3,805.90 07/05/2024 Credit for Return
166159 Anatek Labs, Inc.390.00 07/05/2024 Sample Testing
166160 Basin Septic Services Inc 3,493.00 07/05/2024 Skate Park
166161 Battery Systems Inc 595.39 07/05/2024 C-31-9ST Batteries
166162 Cascade Natural Gas Corp 48.29 07/05/2024 May24 Gas
166163 Central Machinery Sales Inc 466.52 07/05/2024 Strainer/Filters
166164 Central Manufacturing Inc 1,087.11 07/05/2024 Asphalt Patches
166165 Centurylink 1,771.45 07/05/2024 Telephone Services
166166 Centurylink 3,589.98 07/05/2024 Telephone Services
166167 City Of Spokane 119.18 07/05/2024 Evidence Burn
166168 Cobies Fine Dry Cleaning 55.28 07/05/2024 Drycleaning
166169 Columbia Basin Herald 233.88 07/05/2024 Advertising
166170 Consolidated Disposal Service 61,025.72 07/05/2024 Transfer Station
166171 Consolidated Electrical Distributors Inc 356.11 07/05/2024 30A Plug/Receptacle
166172 Copiers Northwest Inc 538.39 07/05/2024 Equipment Contract Fees
166173 Crossroads Dog Training 90.00 07/05/2024 Boarding Fee
166174 D L T Solutions Inc 8,600.99 07/05/2024 AutoCad Renewal
166175 Databar Inc 2,064.84 07/05/2024 Utility Billing Invoices
166176 Devries Information Mgmt 34.50 07/05/2024 On Site Record Destruction
166177 Dr Lou Sowers 1,400.00 07/05/2024 Pre-employment Testing, Norvall
166178 Elevate Government Affairs, LLC 34,000.00 07/05/2024 Water Remediation Services
166179 Evergreen StormH2O 37,673.17 07/05/2024 Stormwater Comp Plan
166180 Faber Industrial Supply 539.19 07/05/2024 Parts/Supplies
166181 Fishingmagician.com 500.00 07/05/2024 LTAC Advertising
166182 Grainger Parts Operations 320.67 07/05/2024 ADA Facility Sign
166183 Grant County Port District #9 1,000.00 07/05/2024 EVOC Use
166184 Gray & Osborne, Inc.6,658.69 07/05/2024 Well 29 FPAS Investigation
City of Moses Lake
Checks Issued with Summary Description
For July 23th, 2024 Council Meeting
COML Council Packet 7-23-24, Page 47 of 292
Check Name Check Amount Check Date Invoice Description
166185 H D Fowler Company 212.05 07/05/2024 Saddle Body/Straps
166186 H&H Construction Solutions, LLC 11,755.98 07/05/2024 Lakemont Plat AC Watermain
166187 Hopesource 140,378.78 07/05/2024 Pro Services- Sleep Center
166188 Jerrys Auto Supply 514.90 07/05/2024 Equipment Supplies
166189 Jordan Gilmore Inc.1,312.50 07/05/2024 Onboarding Software Upgrade
166190 Kelley Create 509.34 07/05/2024 Equipment Contract Fees
166191 Kottkamp & Yedinak, P.L.L.C.1,172.50 07/05/2024 Planning Pro Services
166192 L N Curtis & Sons 4,318.41 07/05/2024 Repair and Maintenance Services
166193 Lad Irrigation Company Inc 1,341.54 07/05/2024 Irrigation Supplies
166194 Localtel Communications 1,343.25 07/05/2024 Internet
166195 Martin Law LLP 49,972.03 07/05/2024 Water Remediation Services
166196 Media Index Publishing 1,800.00 07/05/2024 LTAC Advertising
166197 Moon Security Services Inc 353.50 07/05/2024 Security Monitoring
166198 Moore Iacofano Goltsman, Inc 1,782.00 07/05/2024 Museum Pod Re-do
166199 Morrison Mobile Veterinary Services 494.29 07/05/2024 K9 Vet
166200 Multi Agency Comm Center E911 69,185.23 07/05/2024 July24 Law/Fire Calls
166201 National Color Graphics, Inc.7,583.07 07/05/2024 LTAC Advertising
166202 North 40 Outfitters 93.87 07/05/2024 Miscellaneous Supplies
166203 Northland Cable Television, Inc 99.95 07/05/2024 Internet Backup
166204 Northwest Medical Group PLLC 1,805.00 07/05/2024 Pre-Employment Testing, Norvell
166205 Oreilly Auto Parts 77.84 07/05/2024 Ignition Wire Set
166206 Paramount Supply Company 227.85 07/05/2024 P100 Media
166207 Pasco Tire Factory, INC 3,104.70 07/05/2024 235/55R17 Tires
166208 Platt Electric 113.52 07/05/2024 Electrical Tape: Multiple Colors
166209 Pow Contracting 110,903.28 07/05/2024 Well 17 Clay Remediation
166210 Protect Youth Sports 426.15 07/05/2024 Background Checks
166211 Qcl Inc 78.00 07/05/2024 Pre Employment Testing
166212 R&M Hansen, Inc 1,839.05 07/05/2024 Sleep Center Laundry Services
166213 Rells Fire Equipment Inc 98.50 07/05/2024 Pool Service
166214 RH2 Engineering Inc.41,604.23 07/05/2024 On-Call Electrical Engineering Services
166215 Schaeffer Mfg Company 599.20 07/05/2024 Food Grade HTC
166216 Sherwin-Williams 202.24 07/05/2024 Paint
166217 Skaug Brothers Glass 70.53 07/05/2024 Windshield Repair
166218 SSP Eyewear 208.19 07/05/2024 Safety Glasses
166219 Stoneway Electric Supply 99.34 07/05/2024 Circuit Breaker - Pool Concessions
166220 Summit Law Group 12,056.46 07/05/2024 Arana Arbitration
166221 Systems Design West, LLC 6,597.66 07/05/2024 EMS Billing May 2024
166222 Toole Design Group 1,630.73 07/05/2024 SR17/Stratford Road Design.
166223 Turf Star Western 1,201.30 07/05/2024 Switch/Arm Assembly/Screw/Nut
166224 Uline 2,746.07 07/05/2024 Supplies
166225 Ups Freight 98.60 07/05/2024 Shipping & Service Fees
166226 Usps/Pb Postage By Phone 4,000.00 07/05/2024 Refill Postage Meter
166227 Wa Cities Insurance Authority 63.00 07/05/2024 Large Deductible Program
166228 Washington State Patrol 212.00 07/05/2024 Background Checks
166229 Weinstein Beverage Company 83.05 07/05/2024 Water
166230 Wilbur Ellis Company 1,322.34 07/05/2024 Parts/Supplies
166231 William Scotsman, Inc 3,033.41 07/05/2024 Toilet/Ramp Rental @ Sleep Center
166232 Alicia Factor 85.00 07/09/2024 City Endorsement Refund
166233 Convergivent Technologies 6,610.52 07/09/2024 Permit Fee Reimbursement
COML Council Packet 7-23-24, Page 48 of 292
Check Name Check Amount Check Date Invoice Description
166234 Dalton Kilmer 150.00 07/09/2024 CDL Physical Reimbursement
166235 Deborah Bergeson 85.00 07/09/2024 City Endorsement Reimbursement
166236 Department of Revenue 7,684.64 07/09/2024 Empire Well Retainage
166237 Gary Johnson 260.39 07/09/2024 2024 Boot Reimbursement
166238 Gerald Blanks 953.95 07/09/2024 Overpayment on Account
166239 Javier Garza 150.00 07/09/2024 2024 Boot Reimbursement
166240 Joe Frey 42.62 07/09/2024 Meal Reimbursement
166241 Jose Ramirez 49.74 07/09/2024 Reimbursement
166242 Pete Jacobson 1,374.37 07/09/2024 Application Withdrawn
166243 Relation Insurance 6.59 07/09/2024 Refund Overpayment on Claim
166244 Schneider Homes Inc.428.40 07/09/2024 Refund Permit Fees
166245 The Gravy Train 85.00 07/09/2024 City Endorsement Refund
166246 Washington State Treasurer 1,669.50 07/09/2024 State Building Code Q1/Q2 2024
166247 Washington State Treasurer 45.73 07/09/2024 State Remittance- JIS June 2024
166248 Michael D. Jackson 5,800.00 07/10/2024 Rent & Security Deposit
166249 Benjamin Borgman 32.21 07/10/2024 Refund Utility Overpayment
166250 Damiano or Shelby Cacchiotti 43.32 07/10/2024 Refund Utility Overpayment
166251 Darlene Petrin 13.02 07/10/2024 Refund Utility Overpayment
166252 Glen or Teresa Johnson 56.79 07/10/2024 Refund Utility Overpayment
166253 GRAHAM CLARK 247.98 07/10/2024 Refund Utility Overpayment
166254 Jason Triche 118.99 07/10/2024 Refund Utility Overpayment
166255 KINDA HATHAWAY 326.46 07/10/2024 Refund Utility Overpayment
166256 KURTIS SPOTTED BEAR 275.00 07/10/2024 Refund Utility Overpayment
166257 Luke Parham 4.20 07/10/2024 Refund Utility Overpayment
166258 LYLA BOSTICK 220.00 07/10/2024 Refund Utility Overpayment
166259 MAKAR NAKONECHNYY 79.93 07/10/2024 Refund Utility Overpayment
166260 Nicholas Ernst 81.37 07/10/2024 Refund Utility Overpayment
166261 NOFFKE HOMES LLC 9.57 07/10/2024 Refund Utility Overpayment
166262 NOFFKE HOMES LLC 29.39 07/10/2024 Refund Utility Overpayment
166263 Perla Villarreal 143.52 07/10/2024 Refund Duplicate Payment
166264 SUSAN MCKELVEY 93.30 07/10/2024 Refund Utility Overpayment
166265 The Estate of Lucy V. Gunn 79.07 07/10/2024 Refund Utility Overpayment
166266 A & H Printers Inc 716.10 07/11/2024 Envelopes
166267 Abc Hydraulics 45.42 07/11/2024 Dot Tubing
166268 Ag Supply Ace Hardware 25.33 07/11/2024 Pool Supplies
166269 Alicia M. Hicks 14.00 07/11/2024 Museum Consignment Sales
166270 Alpha Media, LLC 832.00 07/11/2024 Water Advertising
166271 Amazon Capital Services, Inc.2,879.75 07/11/2024 Amazon Bill June 2024
166272 American Linen Inc 776.34 07/11/2024 Ambulance Sheets
166273 Anatek Labs, Inc.2,240.00 07/11/2024 Sample Testing
166274 Angela Hunt 11.90 07/11/2024 Museum Consignment Sales
166275 Anna Enriquez 19.95 07/11/2024 Museum Consignment Sales
166276 AT&T Mobility II, LLC 481.60 07/11/2024 First Responder Lines
166277 Badger Meters Inc 2,877.81 07/11/2024 June 2024 Meter Read Services
166278 Barbara Harris 17.50 07/11/2024 Museum Consignment Sales
166279 Barbara Nickerson 5.60 07/11/2024 Museum Consignment Sales
166280 Basin Septic Services Inc 227.64 07/11/2024 ADA Park
166281 Battery Systems Inc 433.60 07/11/2024 C-31-9ST Batteries
166282 Benjamin Schober 67.90 07/11/2024 Museum Consignment Sales
COML Council Packet 7-23-24, Page 49 of 292
Check Name Check Amount Check Date Invoice Description
166283 Bethany Rose Iverson 27.30 07/11/2024 Museum Consignment Sales
166284 Brian Zinke 21.00 07/11/2024 Museum Consignment Sales
166285 Bud Clary Ford LLC 281.97 07/11/2024 Air Deflector
166286 Central Machinery Sales Inc 459.50 07/11/2024 Motor
166287 Christian Olson 10.50 07/11/2024 Museum Consignment Sales
166288 Columbia Basin Herald 127.41 07/11/2024 Legal Ad- Parks Vacancy
166289 Consolidated Disposal Service 87.99 07/11/2024 Refuse Service - June '24
166290 Copiers Northwest Inc 149.33 07/11/2024 Equipment Contract Fees
166291 Corporate Translation Services, LLC 21.61 07/11/2024 Translation Services
166292 Databar Inc 2,030.85 07/11/2024 Utility Billing Invoices
166293 Dee Dee Dressen 21.00 07/11/2024 Museum Consignment Sales
166294 Dell Marketing 17,712.21 07/11/2024 Equipment
166295 Dobbs Peterbilt- Moses Lake 447.05 07/11/2024 Equipment Parts
166296 Dylan Co, LLC 3,187.32 07/11/2024 Fire Services 2024-2027
166297 Elizabeth Grimsrud 12.60 07/11/2024 Museum Consignment Sales
166298 Faber Industrial Supply 3.78 07/11/2024 Torx Tamper Resistant
166299 Fastenal Company 21.36 07/11/2024 Caution Tape
166300 Fisher Construction Group, LLC 4,600.00 07/11/2024 OPS1 Structural Analysis for Roof
166301 Fishingmagician.com 1,650.00 07/11/2024 LTAC Advertising
166302 Frances Wood 19.60 07/11/2024 Museum Consignment Sales
166303 Galls LLC 589.82 07/11/2024 Uniform Pieces
166304 Grainger Parts Operations 36.40 07/11/2024 Glass Cleaner
166305 Grant County Animal Outreach 8,333.00 07/11/2024 July Contract Payment
166306 Greg Graffe 14.00 07/11/2024 Museum Consignment Sales
166307 IAFF Local 1258 6,525.00 07/11/2024 Fire Union Dues
166308 Jerrys Auto Supply 274.21 07/11/2024 Connector/Connector Kit
166309 John W Lawton 17.50 07/11/2024 Museum Consignment Sales
166310 Judy Kalin 23.80 07/11/2024 Museum Consignment Sales
166311 Junia Hofer 17.50 07/11/2024 Museum Consignment Sales
166312 Kalkomey Enterprises 2,000.00 07/11/2024 LTAC Advertising
166313 Katherine Da Silva 17.50 07/11/2024 Museum Consignment Sales
166314 Keller Associates 5,304.00 07/11/2024 Wastewater Plan Pro Services
166315 Kelley Create 155.23 07/11/2024 Equipment Contract Fees
166316 Kim Wheaton 10.50 07/11/2024 Museum Consignment Sales
166317 King5.Com 3,300.00 07/11/2024 LTAC Advertising
166318 Kris Chudomelka 50.40 07/11/2024 Museum Consignment Sales
166319 Lad Irrigation Company Inc 178.50 07/11/2024 Irrigation Supplies
166320 Lance, Soll & Lunghard, LLP 7,095.00 07/11/2024 Finance Pro Services
166321 Laurie Riskin 154.77 07/11/2024 Museum Consignment Sales
166322 Lee Ann St Clair 24.50 07/11/2024 Museum Consignment Sales
166323 Maria Morales 57.40 07/11/2024 Museum Consignment Sales
166324 Marsha Baerlocher 9.80 07/11/2024 Museum Consignment Sales
166325 Martin Schempp 191.45 07/11/2024 Museum Consignment Sales
166326 Media Index Publishing 900.00 07/11/2024 LTAC Advertising
166327 Michael A. Brady 82.00 07/11/2024 Museum Consignment Sales
166328 Michael Reed 6.30 07/11/2024 Museum Consignment Sales
166329 Mike I. Todd 637.00 07/11/2024 Garnishment
166330 MIRO-TV 1,450.00 07/11/2024 LTAC Advertising
166331 Moses Lake Police Guild 540.00 07/11/2024 Police Guild Dues
COML Council Packet 7-23-24, Page 50 of 292
Check Name Check Amount Check Date Invoice Description
166332 Moses Lake Steel Supply 1,527.79 07/11/2024 Stainless Steel/Square Tubes
166333 Norco Enterprises Inc 699.67 07/11/2024 Welding Supplies
166334 North 40 Outfitters 85.68 07/11/2024 Firework Show Supplies
166335 Northstar Chemical Inc 3,100.00 07/11/2024 Sodium Hypochlorite - Well # 7
166336 NYS Child Support Prosessing Center 184.61 07/11/2024 Child Support
166337 Office of Financial Recovery 265.00 07/11/2024 Garnishment
166338 Oreilly Auto Parts 12.89 07/11/2024 Fuse Holder
166339 Outdoor Power & Repair 16.30 07/11/2024 Rope/Grip
166340 Oxarc Inc 37.61 07/11/2024 Gloves
166341 Paramount Supply Company 45.33 07/11/2024 Toe Nipple/Monster Tape
166342 Parker Corporate Services, Inc 12,565.00 07/11/2024 June 2024 Security Services
166343 Pasco Tire Factory, INC 454.42 07/11/2024 205/75R15 Tires
166344 Patrick Fleming 17.50 07/11/2024 Museum Consignment Sales
166345 Paula J. Zanter-Stout 4.55 07/11/2024 Museum Consignment Sales
166346 Platt Electric 191.17 07/11/2024 Misc. Parts
166347 Pud Of Grant County 6,793.71 07/11/2024 Electric Utility Services
166348 Ronald Brokaw 7.00 07/11/2024 Museum Consignment Sales
166349 Sara Hofer 8.40 07/11/2024 Museum Consignment Sales
166350 Sharon R Morley 9.80 07/11/2024 Museum Consignment Sales
166351 Sherwin-Williams 813.55 07/11/2024 Paint/Paint Supplies
166352 Signs Now, LLC 1,281.20 07/11/2024 City of Moses Lake Decals
166353 Sigrid Penrod 14.70 07/11/2024 Museum Consignment Sales
166354 Spokane Television, Inc.2,346.00 07/11/2024 LTAC Advertising
166355 Tamara K. Valdez 24.15 07/11/2024 Museum Consignment Sales
166356 Titan Machinery, Inc.251.47 07/11/2024 Spray Truck Supplies
166357 Traffic Safety Supply Company 2,062.86 07/11/2024 Yellow Premark - Kittelson Rd.
166358 Trusteed Plans Service Corp 4,355.00 07/11/2024 Guild Disability
166359 Us Postal Service 610.00 07/11/2024 Po Box Renew 2024
166360 WACOPS LDG 1,836.00 07/11/2024 WACOPS LDG Fees
166361 Wash Council Police & Sheriffs 462.50 07/11/2024 WACOPS Dues
166362 Weinstein Beverage Company 535.06 07/11/2024 Restroom Supplies
166363 WSCCCE, AFSCME, AFL-CIO 2,656.06 07/11/2024 July AFSCME Dues
166364 Zoll Medical Corp 1,129.92 07/11/2024 Medical Supplies
166365 Cindy Smith 444.00 07/12/2024 ESRI User Conference 2024
166366 James Richmond 444.00 07/12/2024 ESRI User Conference 2024
166367 Logan Dunn 92.00 07/12/2024 Electrical Training Class 2024
166368 Tom Los 205.00 07/12/2024 Lifeguarding Academy 2024
3,545,628.25$
COML Council Packet 7-23-24, Page 51 of 292
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 18577
Dave Sands, Chief Police
7/23/2024 Consent Agenda
Verra Mobility (formerly Redflex) Extension of Red Light Photo Enforcement Agreement
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
500,000.00$500,000.00$0.00$
Staff recommend City Council motion to approve the one year extension to our Photo Enforcement contract.
Moses Lake WA - Amendment Letter.pdf 61.26KB
Our contract with the photo enforcement company, Verra Mobility, has expired. New rules have required us to
move the court process entirely to a third party, Grant County District Court. As there will be additional court
costs I have asked for a one year extension to assess the true revenue/costs of the program before entering
back into a longer agreement with the company. The attached document extends the contract for one year
starting late June of 2024 to June 2025.
The cost for the program was budgeted in to the 2024 budget. No further money is needed in 2024. The cost in
2025 will be $500,000.00.
Options and Results
Staff will execute the contract extension.
Staff will bring back options for recommended changes.
If no action, then the contract will not be extended.
COML Council Packet 7-23-24, Page 52 of 292
cc:
1150 North Alma School Road, Mesa, Arizona 85201 TEL 480.443.7000 www.verramobility.com
July 15, 2024
SENT VIA CERTIFIED MAIL AND EMAIL
City of Moses Lake
321 So. Balsam
PO Box 1579
Moses Lake, WA 98837
Re: Extension of Red Light Photo Enforcement Agreement between Moses Lake and RTSI
Dear Chief,
Please accept this Letter (“Letter”) as confirmation that the City of Moses Lake, Washington, (“City”) and
Redflex Traffic Systems Inc., d/b/a Verra Mobility Systems (“Verra Mobility”) collectively, (“Parties”) desire
to extend the term for a period of one (1) year.
The Term of this Agreement will now extend until June 27, 2025, and shall be effective as of the last
signatory date of this Letter. The Parties have the option to extend the program for an additional one (1)
year after the current renewal period has concluded.
While the terms and conditions of the original Agreement will remain in full force and effect, any
amendments outlined in this letter will take precedence. We are grateful for the opportunity to continue our
partnership with the City of Moses Lake, Washington.
Sincerely,
John Baldwin
EVP of Government Solutions
Redflex Traffic Systems, Inc. – Now a Verra Mobility Company
Moses Lake, Washington
________________________
Name___________________
Date____________________
COML Council Packet 7-23-24, Page 53 of 292
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Mike Jackson, Interim City Manager 18529
Madeline Prentice, Director Finance
7/23/2024 Consent Agenda
WaFd Banking Services Contract
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council move to authorize the Interim City Manager to sign the banking services contract
with Washington Federal for a 3-year term.
Banking Services Agreement_WaFd 07.02.2024.docx 8.94MB
It has been several years since an RFP has been released by the City for banking services. Recent
dissatisfaction with the current banking services provider prompted the City to issue an RFP. Five responses
were received from banking providers located within the City limits. Staff reviewed the submittals for cost,
services and fit for the City. The list of respondents was narrowed to two and interviews with the two banks
were conducted by City staff. Washington Federal (WaFd) was determined to be the best choice for the City
based on services available, costs and customer service.
The City now desires to enter into a new banking services agreement with WaFd for a term of 3 years, with
options to renew for two additional 3-year terms.
Banking services (accounts) would be moved from the current provider (Umpqua) to WaFd and all accounts with
Umpqua Bank would be closed.
Options and Results
Authorize Interim City Manager to sign the banking services agreement.
COML Council Packet 7-23-24, Page 54 of 292
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Banking services would continue with Umpqua Bank without interruption.
COML Council Packet 7-23-24, Page 55 of 292
1
CITY OF MOSES LAKE BANKING SERVICES AGREEMENT
I. PARTIES This Agreement for Banking Services (the "Agreement") is made and executed this _____day of July 2024, by and between the City of Moses Lake, Washington located at 401 S. Balsam, Moses Lake, WA 98837 (hereinafter "City"), and Washington Federal Bank a Washington State chartered bank with a place of business at 425 Pike Street,
Seattle, WA 98101 (the "Bank").
II. RECITALS 1. WHEREAS, the City desires to enter into an Agreement with the Bank for the performance of the Banking Services as set forth on Exhibit A (the “Banking
Services”) attached hereto; and
2. WHEREAS, the Bank is agreeable to performing such Banking Services for the City in accordance with the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the mutual benefits to the City and the Bank and in consideration of the terms and conditions specified below, the parties agree as follows:
III. SCOPE OF BANKING SERVICES The Bank shall furnish all labor, materials, and supplies necessary to perform the required Banking Services. All performance of Banking Services under this Agreement shall meet all applicable requirements of the state and federal law.
IV. TIME OF PERFORMANCE
The Bank shall commence performance of the Banking Services for the City on August 1, 2024, and this Agreement shall be in effect for a term of three (3) years. Prior to expiration of the term of this contract, the City may exercise another
two (2) options to renew said Agreement for a period of three (3) additional years provided that
A. the Bank is in compliance with the terms and conditions of the Agreement, and
B. sufficient funds have been appropriated by the City in the Annual Budget for payment of the Banking Services to be performed by the Bank under the terms of this Agreement. The total term of this Agreement shall not exceed nine (9) years. V. COMPENSATION
A. the Bank shall be paid at the specified rate for each of the Banking Services required by the City as set forth in Exhibit A.
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Banking Services Agreement 2
B. The Bank shall invoice the City on a monthly basis for Banking Services rendered under this Agreement and in accordance with the compensation methods defined in Exhibit A, the Bank shall be compensated in accordance with the City’s usual procedures.
VI. INDEPENDENT CONTRACTOR
The Bank is an independent contractor with respect to the Banking Services provided under this Agreement. Nothing in this Agreement shall create the relationship of employer and employee between the parties. Neither the Bank nor any employee of the Bank shall be entitled to any benefits accorded City employees by virtue of the
performance of Banking Services provided under this Agreement. The City shall not,
for any reason, be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State industrial insurance program, or otherwise assuming the duties of an employer with respect to the Bank, or any employee of the Bank.
VII. INSURANCE
The Bank shall maintain insurance appropriate to its industry and financial condition and as set forth below. The Bank shall provide to the City written verification of compliance as set forth below, which verification shall be attached to the Agreement as Exhibit B. The Bank may self-insure.
A. Insurance Term. The Bank shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Bank, its agents, representatives, or employees.
B. No Limitation. The Bank’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Bank to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Bank shall obtain insurance of the types and coverage described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance
Services Office (ISO) form CA 00 01.
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured
under the Bank’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insurance endorsement at least as broad as ISO CG 20 26.
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Banking Services Agreement 3
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Bank.
D. Minimum Amounts of Insurance. The Bank shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
E. Other Insurance Provisions. The Bank’s Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess
of the Bank’s insurance and shall not contribute to it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
G. Verification of Coverage. Bank shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of the Bank before commencement of the services.
H. Notice of Cancellation. The Bank shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice.
I. Failure to Maintain Insurance. Failure on the part of the Bank to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Bank to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,
with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Bank from the City.
J. City Full Availability of Bank Limits. If the Bank maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Bank, irrespective of whether such limits maintained by the Bank are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Bank.
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Banking Services Agreement 4
VIII. TERMINATION
A. Termination for Convenience. Either party may terminate this Agreement, with or without cause, upon ninety (90) days’ written notice to the other party at the notice address set forth in Section I. The City shall pay the Bank only
for the Banking Services completed by the Bank in accordance with this Agreement.
B. Termination for Cause. If (1) either party materially breaches this Agreement, which breach is not cured within thirty (30) days by the breaching party, after written notice is given to the breaching party specifying the breach in
reasonable detail, or (2) either party repeatedly breaches this Agreement within thirty (30) days after being given written notice specifying the breaches in reasonable detail, then the party not in breach may, by giving written notice thereof to the breaching party, terminate, as of an effective date specified in such notice of termination. The parties may also terminate any account or
service agreements as otherwise may be provided therein.
IX. GENERAL PROVISIONS
A. Integrated Agreement. The City acknowledges that it may be required to enter into separate standard account and service agreements regarding the Banking Services. The separate standard account and service agreements will contain terms and conditions specific to each Banking Service. The entire
and integrated agreement between the City and the Bank related to the Banking Services shall consist of this Agreement, the Bank’s standard account and service agreements and any applicable service-level agreements in connection with the Banking Services (including their respective user documentation and set-up forms). In the event of conflict
among any of the preceding documents, such documents shall govern in the following order of precedence: (1) the applicable account or services agreement and/or terms and conditions; and (2) this Agreement. The integrated agreement supersedes all prior negotiations, representations, statements and agreements, whether written or oral, regarding the Services.
B. Assignment. Except for assignment by Bank to a parent, subsidiary or affiliate of Bank (“Permitted Assignment”), neither party will assign any of its rights or obligations under this Agreement without the prior written consent of the other party.
C. Limitation of Liability. EXCEPT FOR ANY DAMAGES ARISING WITH RESPECT TO DEATH OR PERSONAL INJURY, PROPERTY DAMAGE, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (e.g., LOST PROFITS), WITH RESPECT TO
THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
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Banking Services Agreement 5
The parties shall hold harmless, indemnify and defend the other party, its officers, officials, employees, volunteers and agents, from any and all claims, injuries, damages, losses, or suits, including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property, caused by or arising out of the parties’ acts, errors or
omissions in the performance of this Agreement, except a parties’ obligations hereunder shall not extend to injuries or damages caused by or arising out of the sole negligence of the other party, its officers, officials, employees, volunteers or agents.
In no event shall the Bank be liable for punitive damages of any kind.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Bank and the City, its officers, employees, and volunteers, the Bank’s liability to the City, including the duty and cost to defend and by way of indemnification, hereunder shall be only to the extent of the Bank’s negligence.
It is further specifically and expressly understood that the indemnification
provided herein constitutes the Bank’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
D. Bank Personnel. Bank acknowledges that certain Bank personnel may be critical to providing certain Banking Services under an applicable account or
service agreement (“Key Personnel”). Bank may change or add to Key Personnel from time to time without the City’s consent. E. Waiver. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach.
F. Choice of Law. All questions concerning the validity, interpretation, performance, and enforcement of this Agreement shall be governed by the laws of the State of Washington, and venue for any action in court for the interpretation of the terms of this Agreement shall lie in Grant County,
Washington. G. Compliance with Laws. Both parties shall comply with all applicable federal, state, local laws, regulations, and City of Moses Lake ordinances in the performance of the Banking Services for the City under the terms of this
Agreement. H. Authorized Signatures. By their signatures below, each party represents that they are fully authorized to sign for and on behalf of the named principal above.
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Banking Services Agreement 6
I. Notice. Any notice required to be served under this Agreement shall be in writing, in English, and shall be transmitted by overnight courier to the parties at the addresses in this Agreement (Section 1) or such other addresses as may be specified by such written notice.
J. Change. No amendment, modification, or supplement to this Agreement, nor any waiver of any term or breach of this Agreement, shall be valid unless in writing signed by an authorized representative of the party against whom it is to be enforced. No delay or failure in enforcing, or any partial enforcement of any right or remedy regarding this Agreement (whether through a course of
dealing or otherwise) shall be deemed a modification or waiver of that or any other right or remedy, nor shall it preclude any enforcement or further enforcement of that or any other right or remedy. K. Survival. The following parts of this Agreement shall survive any expiration or
termination of this Agreement: Section IX (C) (Limitation of Liability) and Section VIII (Termination), as well as any other provisions of this Agreement or any Bank account or service agreement, by their nature, are naturally intended to survive an expiration or termination of this Agreement or any Bank account or service agreement.
L. CONFIDENTIALITY. The terms of this Agreement shall be subject to that certain Confidentiality and Nondisclosure Agreement dated ______________, 2024.
SIGNATURES APPEAR ON NEXT PAGE
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Banking Services Agreement 7
Dated this ____ day of July, 2024.
CITY OF MOSES LAKE WASHINGTON FEDERAL BANK
___________________________ __________________________
By: ____________________________________ By: ___________________________________
Title: ___________________________________ Title: ___________________________________
Date: ___________________________________ Date: ___________________________________
Approved as to form: ______________________________ ________________________________
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Banking Services Agreement 8
EXHIBIT A
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Banking Services Agreement 9
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Banking Services Agreement 10
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Banking Services Agreement 11
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Banking Services Agreement 12
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Banking Services Agreement 13
EXHIBIT B INSURANCE COMPLIANCE VERIFICATION
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Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mike Jackson, Interim City Manager 18561
Vivian Ramsey, Interim
Director Community Development
7/23/2024 Consent Agenda
CHG Contract Amendment for Emergency Housing Fund 2024-2025 Grant Award
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
585,000.00$585,000.00$585,000.00$
Staff recommends that City Council authorize the City Manager to execute the contract amendment #24-46108-
10 of the Consolidated Homeless Grant with Grant County for acceptance of the Washington State Department
of Commerce Emergency Housing Fund grant in the amount of $585,000.
Amendment Agreement 07.2024.pdf 3.44MB
CHG Guidelines Updatepdf.pdf 1.66MB
CHG Detail Worksheet.docx 16.26KB
COML Council Packet 7-23-24, Page 69 of 292
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The Emergency Housing Funds grant is one of the many branches of the Consolidated Homeless Grant that is
funded through the Washington State Department of Commerce Homelessness Assistance Unit under their
Housing Division.
The current EHF grant was previously approved by City Council in October 2023 for an award of $663,000 that
was funded through June 30, 2024, has ended. In response to the ongoing homelessness challenges the
federal government reinstated this grant in conjunction with the Consolidated Homeless Grant (CHG) and
Washington State has once again allocated money to each of the counties, and for the next grant cycle year.
The County has allocated funding to the City of Moses Lake in the amount of $585,000 to continue providing the
services outlined in the CHG guidelines. The duration of the contract is from July 1, 2024, through June 30,
2025.
In the attached CHG Contract Amendment page 5, City Council will see a Budget of all the allocated funds
included in this contract amendment that fall under the umbrella of the CHG and all other providers that receive
funding. However, the highlighted section labeled; "Emergency Housing Funds (SFY 2025)" is the only category
that pertains to the City of Moses Lake in this amended contract. As mentioned, the refunded EHF grant will be
subject to the CHG (Consolidated Homeless Grant) guidelines that have been attached. Please refer to the
table on page 6 with additional information about the eligible interventions and housing eligibility status. Under
this amendment the only categories for EHF will be Administration, Operations, Facilities Support and Rent (not
applicable to our program). Please see attachment "CHG Detail Worksheet" for a breakdown of how categories
are invoiced through the county.
Alternatively, if City Council chooses to not approve this budget amendment to accept the EHF award through
the CHG Contract Amendment, the City of Moses Lake will not be able to continue with the operations of the
Open Doors Sleep Center and may no longer be able to enforce the " No Camping" policy on public property.
Entering into the contract with Grant County will allow the City to continue operating the Open Doors Sleep
Center utilizing grant funding. Maintaining the overnight sleep center operations allows the City to enforce the
“No camping” policy on public property including all city parks, rights of way, and other publicly owned areas.
Options and Results
The City will receive the funding necessary to continue operation at the existing Open Doors Sleep Center.
Staff will bring back options for recommended changes.
The City will not have the funding to continue providing overnight shelter at the Sleep Center and would no
longer be able to enforce the No Camping policy on public property.
COML Council Packet 7-23-24, Page 70 of 292
AGREEMENT AMENDING WASHINGTON STATE DEPARTMENT OF COMMERCE COMMUNITY SERVICES & HOUSING DIVISION HOMELESS ASSISTANCE UNIT CONSOLIDATED HOMELESS GRANT (CHG)
EMERGENCY HOUSING FUND (EHF) AMENDMENT
Subrecipient Agreement Between Grant County and The City of Moses Lake, Signed The
29th of July 2023, April 9th of 2024
Section 5, COMPENSATION is hereby amended as follows:
The maximum total amount payable by the COUNTY to the SUBRECIPIENT shall be
$585,000 for a total of $1,248,000, per attached Amendment C, to include Budget
Attachment A, to contract #24-46108-10.
Amendment Purpose: •SFY 25 "Consolidate Homeless Funds (CHG) Standard" Funds•Adds SFY 24 and SFY 25 "Inflation Increase" Funds •SFY 25 "Local Document Recording Support (DRS)" Funds•Adds Emergency Housing Funds (EHF) •SFY 24 funds are available April 1, 2024, and must be spent by June 30,2024•SFY 25 funds are available July 1, 2024, and must be spent by June 30,2025
All other provisions of the original agreement or any modifications to the original agreement
remain in effect.
Grant County
Washington Board of
Commissioners
Cindy Carter, Chair
Danny Stone, Vice-Chair
Rob Jones, Member
Date
Attest:
Clerk of the Board
City of Moses Lake
Interim City Manager
Date
Approved as to form:/fJ!e!, � Date!LJJJ'M-CivilDeputy _::g Attorney 1COML Council Packet 7-23-24, Page 71 of 292
2COML Council Packet 7-23-24, Page 72 of 292
3COML Council Packet 7-23-24, Page 73 of 292
4COML Council Packet 7-23-24, Page 74 of 292
5COML Council Packet 7-23-24, Page 75 of 292
Guidelines
FOR THE
Consolidated Homeless Grant
Updated March 26, 2024
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
1.4 Allowable Interventions ....................................................................................................................... 7
Temporary Housing Interventions .................................................................................................... 7
Permanent Housing Interventions .................................................................................................... 8
Services Only Interventions .............................................................................................................. 8
2 Administrative Requirements of Lead Grantees .................................................................................... 9
2.1 Homeless System Responsibilities ........................................................................................................ 9
Homeless System Performance Requirements ................................................................................ 9
Low Barrier Housing Project ............................................................................................................. 9
Coordinated Entry System .............................................................................................................. 10
Reporting Requirements ................................................................................................................. 11
Training ........................................................................................................................................... 11
Benefit Verification System Requirements ..................................................................................... 11
2.2 Grant Management ............................................................................................................................ 12
Changes to Guidelines .................................................................................................................... 12
Commerce Monitoring .................................................................................................................... 12
Subgrantee Requirements .............................................................................................................. 12
Eviction Prevention By and For Organization Subgrant Requirement ........................................... 13
By and For Engagement .................................................................................................................. 13
2.3 Fiscal Administration .......................................................................................................................... 14
Budget Caps .................................................................................................................................... 14
Budget Categories ........................................................................................................................... 14
Reimbursements ............................................................................................................................. 15
Budget Revisions ............................................................................................................................. 15
3 Homelessness Assistance (funded with CHG Standard and PSH CHF) ................................................... 16
3.1 Homelessness Assistance Allowable Interventions ............................................................................ 16
Temporary Housing Interventions .................................................................................................. 16
Permanent Housing Interventions .................................................................................................. 16
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Services Only Interventions ............................................................................................................ 16
3.2 Homelessness Assistance Household Eligibility ................................................................................. 16
CHG Standard .................................................................................................................................. 16
Permanent Supportive Housing for Chronically Homeless Families (PSH CHF) ............................. 16
3.3 Homelessness Assistance Housing Status Eligibility ........................................................................... 17
Homeless ......................................................................................................................................... 17
Chronically Homeless ...................................................................................................................... 17
3.4 Homelessness Assistance Documentation of Housing Status ............................................................ 18
Housing Status Eligibility Exemption .............................................................................................. 18
3.5 Homelessness Assistance Income Eligibility ....................................................................................... 18
Income Eligibility Exemptions ......................................................................................................... 18
3.6 Homelessness Assistance Documentation of Income Eligibility ........................................................ 19
Annualizing Wages and Periodic Payments .................................................................................... 19
3.7 Homelessness Assistance Eligibility Recertification ........................................................................... 19
Income Ineligible at Recertification ................................................................................................ 19
3.8 Additional Eligibility Requirements for Permanent Supportive Housing ........................................... 19
Documentation of a Disability ........................................................................................................ 20
Maintaining Homeless Status for Permanent Housing................................................................... 20
4 Homelessness Prevention (funded with CHG Standard and Eviction Prevention) ................................. 21
4.1 Homelessness Prevention Allowable Housing Intervention .............................................................. 21
Permanent Housing Interventions .................................................................................................. 21
4.2 Homelessness Prevention Household Eligibility................................................................................. 21
4.3 Homelessness Prevention Housing Status Eligibility .......................................................................... 21
At Risk of Homelessness ................................................................................................................. 21
4.4 Homelessness Prevention Documentation of Housing Status ........................................................... 22
Targeted Prevention ....................................................................................................................... 22
4.5 Homelessness Prevention Income Eligibility ...................................................................................... 22
Income Eligibility Exemptions ......................................................................................................... 22
4.6 Homelessness Prevention Documentation of Income Eligibility ....................................................... 23
Annualizing Wages and Periodic Payments .................................................................................... 23
4.7 Homelessness Prevention Eligibility Recertification .......................................................................... 23
Income Ineligible at Recertification ................................................................................................ 23
4.8 Landlords Applying for Homelessness Prevention Assistance on Behalf of Tenant .......................... 23
5 Housing and Essential Needs (funded with HEN) ................................................................................. 24
5.1 Allowable Interventions ..................................................................................................................... 24
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Temporary Housing Interventions .................................................................................................. 24
Permanent Housing Interventions .................................................................................................. 24
Services Only Interventions ............................................................................................................ 24
5.2 HEN Household Eligibility ................................................................................................................... 24
5.3 HEN Housing Status Eligibility ............................................................................................................. 24
Homeless ......................................................................................................................................... 24
At Risk of Homelessness ................................................................................................................. 25
5.4 HEN Documentation of Housing Status .............................................................................................. 25
Targeted Prevention ....................................................................................................................... 25
5.5 HEN Referral ....................................................................................................................................... 26
Documentation of HEN Referral ..................................................................................................... 26
5.6 HEN Eligibility Recertification ............................................................................................................. 26
HEN Ineligible at Recertification ..................................................................................................... 26
6 Allowable Expenses ............................................................................................................................ 27
6.1 Rent ..................................................................................................................................................... 27
Special Circumstances ..................................................................................................................... 27
Ineligible Expenses .......................................................................................................................... 28
6.2 Facility Support ................................................................................................................................... 28
Special Circumstances ..................................................................................................................... 28
Ineligible Expenses .......................................................................................................................... 28
HEN Facility Support ....................................................................................................................... 28
Maintenance Activities vs. Building Rehabilitation ........................................................................ 29
6.3 Operations .......................................................................................................................................... 29
Homeless Crisis Response System Expenses .................................................................................. 29
Program Expenses ........................................................................................................................... 29
Flexible Funding .............................................................................................................................. 30
6.4 Administration .................................................................................................................................... 31
7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service ...................................... 32
7.1 Service Delivery .................................................................................................................................. 32
Access to Homeless Housing Assistance ......................................................................................... 32
Voluntary Services .......................................................................................................................... 32
Progressive Engagement ................................................................................................................. 32
Assessment and Housing Stability Planning ................................................................................... 33
Choice of Housing and Portability................................................................................................... 33
7.2 HMIS ................................................................................................................................................... 33
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Data Quality .................................................................................................................................... 33
Consent for Entry of Personally Identifying Information ............................................................... 35
HMIS Data Suppression Policy ........................................................................................................ 36
7.3 Habitability.......................................................................................................................................... 37
For Rent Assistance ......................................................................................................................... 37
For Facilities .................................................................................................................................... 37
7.4 Lead Based Paint Assessment............................................................................................................. 37
For Rent Assistance ......................................................................................................................... 38
For Facilities .................................................................................................................................... 38
Exceptions to the Lead-Based Paint Visual Assessment Requirement ........................................... 38
7.5 Additional Requirements .................................................................................................................... 38
Fraud and Other Loss Reporting ..................................................................................................... 38
Personal Identifying Information .................................................................................................... 38
Grievance Procedure ...................................................................................................................... 38
Termination and Denial of Service Policy ....................................................................................... 39
Records Maintenance and Destruction .......................................................................................... 39
Client File Check List........................................................................................................................ 39
Consent to Review Information in the Benefits Verification System ............................................. 39
Prohibitions ..................................................................................................................................... 39
Nondiscrimination........................................................................................................................... 39
8 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance ...................... 41
8.1 Washington Residential Landlord-Tenant Act .................................................................................... 41
8.2 Rental Agreements ............................................................................................................................. 41
Intent to Rent .................................................................................................................................. 41
Lease ............................................................................................................................................... 41
Certification of Payment Obligation ............................................................................................... 41
8.3 Dispute Resolution Center Partnerships ............................................................................................ 41
8.4 Payment Standards to Determine Rent Limit .................................................................................... 42
Payment Standards Options ........................................................................................................... 42
Rent Limit Exceptions ...................................................................................................................... 43
8.5 Determining Rent Subsidy .................................................................................................................. 43
9 Washington State’s Landlord Mitigation Law ...................................................................................... 44
10 Appendices ......................................................................................................................................... 45
10.1 Appendix A: Required and Recommended Forms ............................................................................. 45
10.2 Appendix B: Required Policies and Procedures .................................................................................. 46
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10.3 Appendix C: Client File Documentation .............................................................................................. 47
10.4 Appendix D: Homeless System Performance Requirements ............................................................. 48
Data Sources ................................................................................................................................... 48
Housing Outcome Performance Requirements .............................................................................. 48
Table A: Required Housing Outcome Performance Measures ..................................................................... 49
Equitable Access ............................................................................................................................. 50
Subgrantee Agreements ................................................................................................................. 50
10.5 Appendix E: Household Eligibility Requirements ............................................................................... 51
10.6 Appendix F: Examples of Maintenance Activities .............................................................................. 52
10.7 Appendix G: Lead-Based Paint Visual Assessment Requirements ..................................................... 53
10.8 Appendix H: Access to the DSHS Benefits Verification System Data Security Requirements ............ 55
10.9 Appendix I: Access to the DSHS HEN Referral List Data Security Requirements ............................... 59
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1.1 Overview
The Consolidated Homeless Grant (CHG) has several fund sources, including state general fund and
document recording fees. Throughout the guidelines the funding sources are referred to as CHG
Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction
Prevention, and Housing and Essential Needs (HEN). Each of the funds has different eligibility
requirements. These guidelines provide information on how to comply with requirements and
Department of Commerce (Commerce) invites grantees to reach out for clarification, as needed.
The State Homeless Housing Strategic Plan and Annual Report of the Homeless Grant Programs are
located on the Department of Commerce website.
1.2 Purpose Statement
The Office of Family and Adult Homelessness in the Homelessness Assistance Unit at the
Department of Commerce administers state and federal funds to support homeless crisis response
systems in WA State.
1 Grant Basics
Funding Source* Allowable Interventions Housing Status
Eligibility
Income
Eligibility
Where to Find
Eligibility
Requirements in
Guidelines
CHG Standard Emergency Shelter
Drop-In
Continuous Stay
Transitional Housing
Homelessness Prevention
Rapid Re-Housing
Permanent Supportive
Housing
Street Outreach
Homeless
Homeless and a
household member
with a permanent
disability
At Risk of Homelessness
At or Below
80% AMI
(see section
3.5.1 for
income
exemptions
for homeless
households)
Homelessness
Assistance
Homelessness
Prevention
Permanent
Supportive
Housing for
Chronically
Homeless Families
(PSH CHF)
Permanent Supportive
Housing
Street Outreach
Chronically homeless
head of household with
a permanent disability
At or Below
80% AMI
Homelessness
Assistance
Eviction
Prevention
Homelessness Prevention At Risk of Homelessness At or Below
80% AMI
Homelessness
Prevention
Housing and
Essential Needs
(HEN)
Transitional Housing (TH)**
Homelessness Prevention
(HP)
Rapid Re-Housing (RRH)
Permanent Supportive
Housing (PSH)**
Street Outreach
Homeless
At Risk of Homelessness
HEN
Referral
Housing and Essential
Needs
*Allowable expenses are detailed in Section 6 Allowable Expenses. The following guidelines sections are required for all
funding sources: Section 7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service and Section 8
Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance.
**See Section 6.2.3 HEN Facility Support.
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The Consolidated Homeless Grant is a critical resource in the crisis response system.
People living unhoused become stably housed when the system is low barrier, trauma informed,
culturally responsive and Housing First oriented. People living unstably housed become stably
housed when the system is oriented toward problem solving conversations and personal advocacy
to help people identify practical solutions based on their own available resources.
We expect Commerce grantees, including county governments and nonprofits, to be leaders in
their crisis response systems, facilitating partnership among service organizations and promoting
evidence-based, anti-racist practices.
Grantees must respond to the disproportionality in access to services, service provision and
outcomes and cannot simply rely on standard business practices to address inequity. Grantees
have the responsibility to ensure all people eligible for services receive support and are served with
dignity, respect and compassion regardless of circumstance, ability or identity.
This includes marginalized populations, Black, Native and Indigenous, People of Color, immigrants,
people with criminal records, people with disabilities, people with mental health and substance use
vulnerabilities, people with limited English proficiency, people who identify as transgender, people
who identify as LGBTQ+, and other individuals that may not access mainstream support.
We are here to support your efforts. The Homelessness Assistance Unit provides access to
continuous learning on trauma informed services, racial equity, LGBTQ+ competency and more. We
can help you strategize outreach, coordinated entry and help you understand your data so we can
meet Washington’s vision that no person is left living outside.
1.3 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
1.4 Allowable Interventions
All allowable housing interventions are defined below. Allowable interventions are dependent on
fund source.
Temporary Housing Interventions
Temporary housing interventions are those in which the household must leave the shelter or unit
at the end of their program participation. Households are considered homeless while enrolled in
temporary housing interventions.
Emergency Shelter
Emergency Shelter (ES) provides short-term1 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility-based or hotel/motel voucher.
1.4.1.1.1 Drop-in Shelter
Drop-in Shelters offer night-by-night living arrangements that allow households to enter and exit
on an irregular or daily basis.
1 Emergency Shelter programs are typically designed and intended to provide temporary shelter for short- term stays: up to three months.
Clients are not required to exit after 90 days.
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1.4.1.1.2 Continuous-stay Shelter
Continuous-stay Shelters offer living arrangements where households have a room or bed assigned
to them throughout the duration of their stay.
Transitional Housing
Transitional Housing (TH) is subsidized, facility-based housing that is designed to provide long-
term2 temporary housing and to move households experiencing homelessness into permanent
housing. Lease or rental agreements are required between the transitional housing project and the
household.
Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
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.
Homelessness Prevention
Homelessness Prevention (HP) helps households who are at risk of homelessness to maintain or
obtain stable housing and avoid homelessness. Services include housing-focused case management
and temporary rent subsidies. Homelessness prevention services are the same as the RRH services
described above.
Permanent Supportive Housing
Permanent Supportive Housing (PSH) is subsidized, non-time-limited housing with support services
for homeless households that include a household member with a permanent disability. Support
services must be made available but participation is voluntary (see section 7.1.2). PSH may be
provided as a rent assistance (scattered site) or facility-based model. For facility-based models, a
lease or rental agreement is required between the PSH project and the household. The services and
the housing are available permanently.
Households funded with PSH CHF must include a Head of Household who is chronically homeless
and permanently disabled.
Services Only Interventions
Street Outreach
Street outreach is a strategy for engaging people experiencing homelessness who are otherwise
not accessing services for the purpose of connecting them with emergency shelter, housing, or
other critical services.
2 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two years.
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2.1 Homeless System Responsibilities
Homeless System Performance Requirements
Grantees must improve housing outcomes by making progress towards the statewide performance
target. For each intervention type funded by CHG, grantees must adopt the required housing outcome
performance measure outlined in Table A, in Appendix D: Homeless System Performance See Appendix
D for more information.
Low Barrier Housing Project
Each county must have at least one low barrier project3 serving homeless adults and at least one low
barrier project serving homeless households with children. By July 1, 2025, no less than 80% of a
county’s CHG funded projects (programs and facilities) must be low barrier.
All homeless housing projects adhere to state and federal anti-discrimination laws:
All projects ensure equal access for people experiencing homelessness regardless of race,
national origin, gender identity, sexual orientation, marital status, age, veteran or military
status, disability, or the use of an assistance animal.
Projects designed to serve families with children experiencing homelessness ensure equal
access regardless of family composition and regardless of the age of a minor child.
Projects that operate gender segregated facilities allow the use of facilities consistent with the
person’s gender expression or identity.
Intake & Project Eligibility
Low barrier projects have flexible intake schedules and require minimal documentation. At the
minimum, homeless households are not screened out based on the following criteria:
Having too little or no income
Having poor credit or financial history
Having poor or lack of rental history
Having involvement with the criminal justice system
Having active or a history of alcohol and/or substance use
Having been impacted or affected by a crime
The type or extent of disability-related services or supports that are needed
Lacking ID or proof of U.S. Residency Status
Other behaviors that are perceived as indicating a lack of “housing readiness,” including
resistance to receiving services
Project Participation
Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on
maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have
work or volunteer requirements.
3 Project types that can meet this requirement: Emergency Shelter, Transitional Housing, PH: Rapid Re-Housing, PH: Housing with Services (no
disability requirement), and PH: Housing Only. Projects must operate year round and serve all homeless single adults or households with children
(projects cannot be subpopulation specific, e.g. DV, HEN, youth, etc.).
2 Administrative Requirements of Lead Grantees
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Projects that require households to pay a share of rent allow reasonable flexibility in payment.
Emergency shelters must not require households to pay a share of rent or program fees.
Households are not terminated from the project for the following reasons:
Failure to participate in supportive services or treatment programs
Failure to make progress on a housing stability plan
Alcohol and/or substance use in and of itself is not considered a reason for termination
Households residing in emergency shelter must not be exited to homelessness due to reaching a
maximum stay limit.
If a household is terminated from a low barrier project due to violating rules focused on maintaining a
safe environment, there must be a process in place for the household to be considered for re-
enrollment if the household demonstrates unsafe behavior is unlikely to re-occur (i.e. engaged in new
treatment plan, mental health services, medical care, etc.).
Coordinated Entry System
Each county must maintain a Coordinated Entry (CE) process. CE is a coordinated system of intake,
assessment, and referral that gets households in a housing crisis connected to available resources in
the community. The goal of CE is to help communities prioritize assistance to ensure people who need
the assistance the most can receive it in a timely manner. Refer to the Washington State Coordinated
Entry Guidelines for requirements. If the CHG lead grantee is a county government, projects funded by
local homeless housing surcharge revenue (local document recording fees) must also participate in the
CE process as described below.
Transitional Housing, Homelessness Prevention, Rapid Re-Housing, and Permanent Supportive Housing
projects funded by CHG must participate in the county or regional CE by accepting referrals and must
fill openings exclusively through the CE process.
Lead grantees may elect to opt out of the CE process for Homelessness Prevention projects if the
county has enough funding to serve all households at risk of homelessness in need of services or if the
project is operated by a By and For subgrantee as defined in these guidelines (Section 2.2.4). Lead
grantees must receive approval from Commerce and provide evidence that they are meeting the need
in their community and providing adequate outreach to their community if a mainstream housing
provider organization is opting out of the CE process.
If the county or regional CE requires Emergency Shelters and Drop-in Shelters to participate in the
county or regional CE process, Emergency Shelters and Drop-in Shelters funded by CHG must
participate in the county or regional CE process by accepting referrals and must fill openings exclusively
through the CE process.
Street Outreach projects funded by CHG must be linked to the county or regional CE by either
performing mobile CE process services (e.g. assessment) or by providing referrals to CE.
Projects operated by victim service providers are not required but may elect to participate in the
county or regional CE process.
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Reporting Requirements
Lead grantees are responsible for submitting the following:
Local Homeless Housing Plan
Lead grantees must submit an updated county Local Homeless Housing Plan to Commerce at least
every five years and an annual report each year. Local Plan Guidance is located on the Commerce State
Strategic Plan, Annual Report and Audits website.
Annual County Expenditure Report
Lead grantees must submit a complete and accurate Annual County Expenditure Report to Commerce.
Commerce will annually score Annual County Expenditure Report data quality.
Point in Time Count
Lead grantees must ensure the collection and reporting of the annual Point in Time (PIT) Count of
sheltered and unsheltered homeless persons for their county is in accordance with the Commerce
Count Guidelines and must comply with PIT Count best practices published by Commerce, located on
the Commerce Annual Point in Time Count website.
Essential Needs Report
Lead grantees must submit an HEN Essential Needs Report at the end of each state fiscal year, which is
a count of the total instances of Essential Needs services.
Training
Lead/subgrantees must identify staff to attend and complete trainings. These staff should include staff
that provide direct services, supervisors of direct service staff, and staff that manage homeless grants.
The following trainings are required at least every three years and attendance must be documented:
Trauma Informed Services
Supporting survivors of domestic violence
Local coordinated entry policies and procedures as required by lead CE entity
Fair Housing
Housing First
Racial Equity
LGBTQ+ competency
Rapid Re-Housing
Progressive Engagement and Problem-Solving (Diversion)
Other recommended trainings include mental health first aid, crisis intervention, professional
boundaries, and case management.
In addition, lead/subgrantee staff are highly encouraged to attend the annual Washington State
Conference on Ending Homelessness.
Costs to attend trainings are an eligible program expense (see Section 6.3).
Visit the Commerce Homeless Services Grantee Trainings website for available online trainings.
Benefit Verification System Requirements
Commerce maintains a data share agreement with the Department of Social and Health Services
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(DSHS) so homeless housing grantees can access the Benefits Verification System (BVS) to confirm HEN
program eligibility. The BVS can also be used to confirm benefits and financial eligibility for homeless
housing programs.
Lead grantees manage BVS User access for their staff and subgrantees. Upon approval by Commerce,
lead grantees may also appoint another agency as the BVS lead for their county.
BVS leads are responsible for the following:
Review User requests to confirm requesting agency is a subgrantee and staff have a business
need to access the BVS system.
Confirm that each User request includes a signed DSHS Non-Disclosure form.
Retain all signed DSHS Non-Disclosure forms.
Maintain an Excel spreadsheet identifying current and past BVS Users. Spreadsheet must be in
format designated by Commerce.
Report to Commerce within one business day when User no longer require access to BVS.
Provide access to DSHS Non-Disclosure forms and User spreadsheet for inspection within one
business day of request by Commerce or DSHS.
BVS leads are also responsible for the following, annually:
Require Users to re-sign DSHS Non-Disclosure form.
Review BVS User spreadsheet for accuracy and notify Commerce of any changes.
Notify Commerce via email upon completion of annual requirements.
2.2 Grant Management
Changes to Guidelines
Commerce may revise the guidelines at any time. All lead grantees will be sent revised copies. Lead
grantees are responsible for sending revisions to subgrantees in a timely manner.
Commerce Monitoring
Commerce will monitor lead grantees’ grant activities, including coordinated entry. Lead grantees will
be given a minimum of 30 days’ notice unless there are special circumstances that require immediate
attention. The notice will specify the monitoring components.
Subgrantee Requirements
The Grant General Terms & Conditions Section 32 or 15 identifies subgrantee requirements. In
addition, all subgrantee agreements must be time-limited and have defined roles and responsibilities
for each party, detailed budgets and performance terms. Commerce reserves the right to directly
contact subgrantees at any time for data quality, monitoring, fiscal and other issues.
Lead grantees may enter into an agreement with any other local government, Council of Governments,
Housing Authority, Community Action Agency, nonprofit community or neighborhood-based
organization, federally recognized Indian tribe in the state of Washington, or regional or statewide
nonprofit housing assistance organizations who operate programs to end homelessness within a
defined service area.
Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify
Commerce if subgrants are terminated during the grant period.
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Lead grantees must notify Commerce of any changes in selection of subgrantees funded with CHG, or
changes in the interventions of those subgrantees.
Subgrantee Risk Assessment and Monitoring
Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in
the CHG guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan
for each subgrantee within six months of contracting CHG to the subgrantee. The risk assessment must
inform the monitoring plan for each subgrantee. Monitoring plans must include monitoring dates, the
type of monitoring (remote, on-site), and the program requirements being reviewed.
The lead grantee must maintain policies and procedures that guide the risk assessment, monitoring
activities, and monitoring frequency.
Commerce reserves the right to require lead grantees to undertake special reviews when an audit or
other emerging issue demands prompt intervention and/or investigation.
Subgrantee Performance Requirements
Housing outcome performance requirements must be included in CHG subgrantee agreements for
applicable intervention types. Grantees may customize subgrantee performance requirements by
establishing agency specific benchmarks which take into account past performance, facility type, target
population and other variables. See Appendix D: Homeless System Performance for more information.
Eviction Prevention By and For Organization Subgrant Requirement
At least 10 percent of the Eviction Prevention total award must be subgranted to organizations that
serve and are substantially governed by marginalized populations (By and For organizations4). Subgrant
activities may include the full scope of homelessness prevention program activities.
Marginalized communities may include ethnic and racial minorities; immigrants and refugees;
individuals who are lesbian, gay, bisexual, and transgender; individuals with disabilities or who are
deaf; and Native Americans.
Lead grantees must make a reasonable effort to subgrant with By and For organizations. If a lead
grantee is not able to execute a subagreement, they may ask Commerce for an exemption from this
requirement by submitting the Eviction Prevention Sub Contracting Exemption Request Form in the
application. An exemption request must include a plan to spend 10 percent of the grant in a manner
that will improve racial equity for historically underserved communities.
By and For Engagement
Commerce expects grantees to be anti-racist leaders in their crisis response systems and facilitate
partnerships among organizations that respond to the disproportionality in services and outcomes for
communities that don’t seek assistance from mainstream organizations. At minimum, this includes
acknowledging By and For agency subject matter expertise in serving their communities, including
4By and For Organizations are operated by and for the community they serve. Their primary mission and history is serving a specific community and they are
culturally based, directed, and substantially controlled by individuals from the population they serve. At the core of their programs, the organizations embody the
community’s central cultural values. These communities may include ethnic and racial minorities; immigrants and refugees; individuals who identify as LGBTQ+,
individuals with disabilities or who are deaf; and Native Americans.
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them in homeless response planning and decision making and ensuring resources are equitably
distributed to communities most impacted. While the new eviction rent assistance funds legislatively
require lead grantees to set aside, at least 10% of the funding for By and For service delivery, this
direction should also influence the overall county homeless crisis response systems.
Recommendations:
Ensuring local boards and councils are diverse and representative of the population in need of
services.
Engaging By and For organizations at the beginning of planning processes and not solely for
feedback on final drafts.
Identifying and addressing barriers to delivering services in partnership with By and For
organizations.
2.3 Fiscal Administration
Budget Caps
CHG Standard Administration - up to 15 percent of the CHG Standard and PSH CHF contracted
budget may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
Eviction Prevention Administration – up to 15 percent of the total grant for the lead grantee
and up to 15 percent of each subgrantee grant total may be allocated to administration.
Budgeted amounts in these four funding categories cannot be changed by moving funds from
one of these categories to another.
Budget Categories
The following table maps the budget categories to the allowable expenses.
Fund
Source
Budget Categories Allowable Expenses - linked to relevant
sections of the Guidelines CHG Standard Admin Administration
Rent Rent
Facility Support Facility Support
Operations Operations, including Flexible Funding PSH CHF PSH CHF Rent/Fac Support Rent and Facility Support
PSH CHF Operations Operations, including Flexible Funding HEN HEN Admin Administration
HEN Rent/Fac Support Rent and Facility Support
HEN Operations Operations, including Flexible Funding Eviction Prevention Eviction Prevention Admin Administration
Eviction Prevention Rent Rent
Eviction Prevention Operations Operations, including Flexible Funding
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Reimbursements
Lead grantees must bill Commerce monthly for reimbursement of allowable costs. Invoices are due on
the 20th of the month following the provision of services. Final invoices for a biennium may be due
sooner than the 20th. If the lead grantee fails to submit an invoice within a three-month period,
without a reasonable explanation, Commerce may take corrective action as outlined in the lead
grantee contracted Scope of Work. Exceptions to billing procedures can be negotiated with Commerce
on a case-by-case basis.
Invoices must be submitted online using the Commerce Contract Management System (CMS) through
Secure Access Washington (SAW).
Back-up Documentation
All invoices must include the Voucher Detail Worksheet (if grantee has subgrantees) and the required
HMIS reports. Invoices may not be paid until the report(s) are received and verified. Commerce may
require a lead grantee to submit additional documentation. Lead grantees must retain original invoices
submitted by their subgrantees.
Budget Revisions
Revisions must be submitted using the Budget Revision Tool and approved by Commerce. Budget Caps
must be maintained with each revision.
A contract amendment is required when revisions (in one or cumulative transfers) reach more than 10
percent of the grant total.
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3.1 Homelessness Assistance Allowable Interventions
All housing intervention definitions can be found in Section 1.4.
Temporary Housing Interventions
Emergency Shelter (ES)
Drop-in Shelter
Continuous-stay Shelter
Transitional Housing (TH)
Permanent Housing Interventions
Rapid Re-Housing (RRH)
Permanent Supportive Housing (PSH)
Services Only Interventions
Street Outreach
3.2 Homelessness Assistance Household Eligibility
A household is one or more individuals seeking to obtain housing together. The entire household
must be considered for eligibility determination and services. A household does not include friends or
family that are providing temporary housing. Refer to Appendix E: Household Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible households for homelessness assistance must meet both housing status and income
requirements as detailed in the following sections.
CHG Standard
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income.
Permanent Supportive Housing for Chronically Homeless Families (PSH CHF)
Eligibility for PSH CHF:
Head of household (HOH) must meet housing status detailed below and have a disability as
defined in section 3.8, and
3 Homelessness Assistance (funded with CHG Standard and PSH CHF)
Housing Status Income*
Homeless
AND
At or below 80%
area median income
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Household must meet income status and have dependents. Dependent is defined as any
household member who is not the head, co-head, or spouse, but is: under the age of 18 years;
disabled (of any age); or a full-time student (of any age).
Housing Status Income*
HOH Chronically Homeless AND
At or below 80%
area median income
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income. Homelessness Assistance Housing Status
Eligibility
3.3 Homelessness Assistance Housing Status Eligibility
Homeless
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
Unsheltered Homeless:
Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household’s
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
Sheltered Homeless:
Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
Chronically Homeless5
1. A homeless individual with a disability6 who:
Lives in a place not meant for human habitation or in an emergency shelter; and
Has been homeless (as described above) continuously for at least 12 months or on at least 4
separate occasions in the last 3 years where the combined occasions must total at least 12
months.
5 Section 3.3.2 summarizes HUD’s definition of chronically homeless. Refer to 24 CFR part 578 for the full definition.
6 Refer to Section 3.8 of the guidelines to read more on disability.
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Occasions separated by a break of at least seven nights.
Stays in institution of fewer than 90 days do not constitute a break.
2. An individual who has been residing in an institutional care facility for fewer than 90 days and met
all of the criteria in paragraph (1) of this definition, before entering that facility; or
3. A family with an adult head of household (or if there is no adult in the family, a minor head of
household) who meets all of the criteria in (1) or (2) of this definition, including a family whose
composition has fluctuated while the head of household has been homeless.
3.4 Homelessness Assistance Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Housing Status Eligibility Exemption
Households entering emergency shelter are exempt from housing status requirements.
3.5 Homelessness Assistance Income Eligibility
The combined household income must not exceed 80 percent of area median gross income as defined
by HUD. Lead grantees can determine to target households with a lower area median income.
Income limits are based on Area Median Income (AMI) which can be located for each county at:
www.huduser.gov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household’s income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24 – Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
Income Eligibility Exemptions
Income eligibility verification is never required for Drop-in Shelter or for households receiving only
flexible funding.
The following are exempt from income eligibility requirements for the first 90 days of program
participation:
Households entering Transitional Housing
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Households entering a Rapid Re-Housing program
Households entering a Continuous-stay Shelter
Households residing in Domestic Violence Shelters past 90 days may be exempt from income
requirements on a case by case basis, as determined by the lead/subgrantee, if needed in order to
ensure safety of the household.
Households receving Temporary Assistance for Needy Families (TANF) must not have their TANF
benefit count towards income.
3.6 Homelessness Assistance Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHG Self-Declaration Form.
Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
Weekly wage multiplied by 52 weeks.
Bi-weekly (every other week) wage multiplied by 26 bi-weekly periods.
Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
3.7 Homelessness Assistance Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the CHG Verification of Household Eligibility and Income Recertification Form.
Income recertification is not required for CHG Standard PSH or PSH CHF.
Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
3.8 Additional Eligibility Requirements for Permanent Supportive Housing
To be eligible for CHG Standard PSH, a household must be homeless (as defined in section 3.3.1) AND
include at least one household member who has a disability.
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To be eligible for PSH CHF, the head of household must meet homelessness and disability criteria
identified in the definition of chronically homeless in Section 3.3.2.
Disabilities are expected to be long-continuing or indefinite in duration and sustainability impedes the
household member’s ability to live independently.
Disability includes: a physical, developmental, mental, or emotional impairment, including impairment
caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury. A person will also be
considered to have a disability if he or she has Acquired Immune Deficiency Syndrome (AIDS) or any
conditions arising from the etiologic agent for 86 Acquired Immune Deficiency Syndrome, including
infection with the Human Immunodeficiency Virus (HIV).
Documentation of a Disability
Lead/subgrantees must verify and document the disability prior to program entry. Acceptable
documentation of the disability must include one the following:
Written verification of the disability from a professional licensed by the state to diagnose and
treat the disability and his or her certification that the disability is expected to be long
continuing or of indefinite duration and substantially impedes the individual’s ability to live
independently.
Written verification from the Social Security Administration.
Disability check receipt (Social Security Disability Insurance check or Veteran Disability
Compensation).
Other documentation approved by Commerce.
CHG Verification of Household Eligibility and Income Recertification Form and all allowable disability
documentation must be kept in the client file. If unable to document disability at program entry with
the above methods, program staff must record observation of disability. Required documentation
(above) must be obtained within 45 days of program enrollment.
Maintaining Homeless Status for Permanent Housing
While receiving Rapid Re-Housing assistance, households maintain their homeless status for purposes
of eligibility for other permanent housing placements.
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4.1 Homelessness Prevention Allowable Housing Intervention
All housing intervention definitions can be found in Section 1.4.
Permanent Housing Interventions
Homelessness Prevention (HP)
4.2 Homelessness Prevention Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing. Refer to Appendix E: Household
Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible households for homelessness prevention must meet both housing status and income
requirements as detailed in the following sections.
Housing Status Income*
At Risk of Homelessness AND
At or below 80%
area median income
*Household income must not exceed 80 percent of area median income. Lead grantees may determine
to target households with a lower area median income.
4.3 Homelessness Prevention Housing Status Eligibility
At Risk of Homelessness
Households are at risk of homelessness if they meet one of the following conditions:
Have a missed rent payment and currently owe all or part of a rent payment (current month or
past months); OR
Has moved because of economic reasons 2 or more times during the 60 days immediately
preceding the application for assistance; OR
Is living in the home of another because of economic hardship; OR
Has been notified that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistance; OR
Lives in a hotel/motel and the cost is not paid for by charitable organizations or by Federal,
State, or local government programs for low-income individuals; OR
4 Homelessness Prevention (funded with CHG Standard and Eviction Prevention)
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Lives in an SRO or efficiency apartment unit in which there reside more than 2 persons or lives
in a larger housing unit in which there reside more than one and a half persons per room; OR
Is exiting a publicly funded institution or system of care.
4.4 Homelessness Prevention Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Targeted Prevention
Homelessness prevention programs must prioritize households most likely to become homeless, and
must use either the CHG Targeted Prevention Eligibility Screening Form or other tool approved by
Commerce. This form must be kept in the client file.
If modifying the CHG Targeted Prevention Eligibility Screening Form or using another tool, the risk
factors must be evidence informed. Submit the screening tool to your Commerce grant manager for
approval.
4.5 Homelessness Prevention Income Eligibility
The combined household income must not exceed 80 percent of area median gross income as defined
by HUD. Lead grantees can determine to target households with a lower area median income.
Income limits are based on Area Median Income (AMI) which can be located for each county at:
www.huduser.gov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household’s income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24 – Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
Income Eligibility Exemptions
Income eligibility verification is never required for households receiving only flexible funding.
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4.6 Homelessness Prevention Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHG Self-Declaration Form.
Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
Weekly wage multiplied by 52 weeks.
Bi-weekly (every other week) wage multiplied by 26 bi-weekly periods.
Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
4.7 Homelessness Prevention Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the CHG Verification of Household Eligibility and Income Recertification Form.
Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
4.8 Landlords Applying for Homelessness Prevention Assistance on Behalf of Tenant
Lead/subgrantees must allow landlords to initiate a request for assistance on behalf of their tenants by
completing the Certification of Payment Obligation Form. Eligibility is based on tenant eligibility. At
minimum, a reasonable attempt to contact the tenant must be made by the lead/subgrantee using the
information provided from the landlord. The lead/subgrantee must create a process for what is
reasonable based on the agency and staffing capacity.
If a tenant is unresponsive, ineligible, or eligibility cannot be determined, assistance must be denied.
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5 Housing and Essential Needs (funded with HEN)
5.1 Allowable Interventions
All housing intervention definitions can be found in Section 1.4.
Temporary Housing Interventions
Transitional Housing (TH)
Permanent Housing Interventions
Homelessness Prevention (HP)
Rapid Re-Housing (RRH)
Permanent Supportive Housing (PSH)
Services Only Interventions
Street Outreach
5.2 HEN Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing. Refer to Appendix E: Household
Eligibility Requirements.
A household’s primary nighttime residence, where they sleep the majority of the time, is used for
determining eligibility.
A household’s current nighttime residence, where they slept last night, is used for determining HMIS
project entry.
Eligible HEN households must meet both housing status and income requirements as detailed in the
following sections.
Housing Status Income
Homeless
OR
At Risk of Homelessness
AND
HEN Referral7
5.3 HEN Housing Status Eligibility
Homeless
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
7 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General Assistance
Pregnancy (Pregnant Women Assistance recipient) from the Washington State Department of Social and Health Services (DSHS) as documented in
the Benefits Verification System (BVS).
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Unsheltered Homeless:
Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household’s
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
Sheltered Homeless:
Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
At Risk of Homelessness
Households are at risk of homelessness if they meet one of the following conditions:
Have a missed rent payment and currently owe all or part of a rent payment (current month or
past months); OR
Has moved because of economic reasons 2 or more times during the 60 days immediately
preceding the application for assistance; OR
Is living in the home of another because of economic hardship; OR
Has been notified that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistance; OR
Lives in a hotel/motel and the cost is not paid for by charitable organizations or by Federal,
State, or local government programs for low-income individuals; OR
Lives in an SRO or efficiency apartment unit in which there reside more than 2 persons or lives
in a larger housing unit in which there reside more than one and a half persons per room; OR
Is exiting a publicly funded institution or system of care.
5.4 HEN Documentation of Housing Status
Lead/subgrantees must verify and document eligible housing status prior to program entry. Refer to
the CHG Verification of Household Eligibility and Income Recertification Form for allowable
documentation.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
Targeted Prevention
Homelessness prevention programs must prioritize households most likely to become homeless, and
must use either the CHG Targeted Prevention Eligibility Screening Form or other tool approved by
Commerce. This form must be kept in the client file.
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If modifying the CHG Targeted Prevention Eligibility Screening Form or using another tool, the risk
factors must be evidence informed. Submit the screening tool to your Commerce grant manager for
approval.
5.5 HEN Referral
Documentation of HEN Referral8
In place of income verification, lead/subgrantees must verify and document the household’s HEN
Referral from the Washington State Department of Social and Health Services (DSHS) as documented in
the Benefits Verification System (BVS) prior to program entry.
The CHG Verification of Household Eligibility and Income Recertification Form and HEN Referral
documentation must be kept in the client file.
For Pregnant Women Assistance (PWA) recipients with a HEN Referral, BVS will only display active PWA
households. If a household is no longer on the program (e.g. birth of baby), BVS will no longer display
an active status. Contact your Commerce CHG grant manager to help determine PWA status. The
referral to HEN remains valid for 24 consecutive months.
5.6 HEN Eligibility Recertification
Lead/subgrantees must document recertification of the household’s HEN Referral from DSHS as
documented in the BVS at least every three months. Both the HEN Referral and updated CHG
Verification of Household Eligibility and Income Recertification Form must be kept in the client file.
Recertification is not required for HEN households who are a PWA recipient up to 24 months.
HEN Ineligible at Recertification
If households do not have a HEN Referral at recertification and are determined ineligible for HEN, HEN
funding cannot be used to support that household any further. Consider using other CHG funding such
as CHG Standard or Eviction Prevention to support the household transition to self-sufficiency. If other
CHG funding is used for an ineligible household they may remain in the program for an additional three
months and case management may continue for an additional six months.
8 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General Assistance
Pregnancy (Pregnant Women Assistance recipient) from DSHS as documented in BVS.
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6.1 Rent
Monthly rent and any combination of first and last months’ rent. Rent may only be paid one
month at a time, although rental arrears, pro-rated rent, and last month’s rent may be included
with the first month’s payment. Monthly rent is not time-limited.
Rental arrears and associated late fees. Rental arrears may be paid if the payment enables the
household to obtain or maintain permanent housing. Arrears is not time-limited.
Rental arrears is any missed rent payment currently owed (full or partial), including the
current month or past months.
Rental arrears for HEN households can be paid for a time period when the household
was not HEN enrolled.
Lot rent for RV or manufactured home.
Costs of parking spaces when connected to a unit.
Incentives paid to landlords, including reimbursement for damages.
Security deposits for households moving into new units.
Hotel/Motel expenses for households if no suitable shelter bed is available during housing
search or when a hotel/motel unit is used as permanent housing.
Utilities which are included in rent.
Landlord administrative fees required with rent.
Utility payments for households also receiving rental assistance.
Utility arrears may be paid if the payment enables the household to obtain or maintain
permanent housing. Utility arrears are not time-limited.
Utility-only assistance (including arrears) can be provided when no other utility assistance, such
as LIHEAP, is available to prevent a shut-off, and documented using the Utility-Only Assistance
Form.
Utility deposits for a household moving into a new unit.
Application fees, background, credit check fees, and costs of urinalyses for drug testing of
household members if necessary/required for rental housing.
Other costs as approved by Commerce.
Special Circumstances
Master-lease: Security deposit and monthly rent is allowable when an organization master-
leases a unit, and then sub-leases the property to eligible households in the context of a Rapid
Re-Housing or Permanent Supportive Housing program.
Temporary absence: If a household must be temporarily away from the unit, but is expected to
return (such as temporary incarceration, hospitalization, or residential treatment),
lead/subgrantees may pay for the household’s rent for up to 60 days and charge the grant for
eligible costs. While a household is temporarily absent, he or she may continue to receive case
management. Any temporary absence must be documented in the client file.
Subsidized housing: rent/utility assistance may be used for move-in costs (security deposits,
first and last month’s rent) for subsidized housing (where household’s rent is adjusted based on
6 Allowable Expenses
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income), including project- or tenant-based housing.9 Rental arrears or utility arrears assistance
may be used for subsidized housing.
Ineligible Expenses
Ongoing rent/utilities for subsidized housing
Rent and rent/utility assistance in combination with facility support
Cable deposits or services
Mortgage assistance and utility assistance for homeowners
6.2 Facility Support
Lease or rent payment on a building used to provide temporary housing or permanent
supportive housing
Hotel/Motel expenses to provide temporary housing
Move-in costs (security deposits, first and last month’s rent) for permanent housing
Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal)
Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or
staff maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff)
Security and janitorial (salaries and benefits associated with providing security, janitorial
services)
Essential facility equipment and supplies (e.g. common-use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, pet food and crates, etc.)
Expendable transportation costs directly related to the transportation of eligible households
(bus tokens and fuel for a shelter van)
On-site and off-site management costs related to the building
Facility specific insurance (mortgage insurance is not allowable) and accounting
Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing
Other expenses as approved by Commerce
Special Circumstances
Master-lease: Facility costs are allowable when an organization master-leases a building and
then sub-leases the property to eligible households in the context of a Transitional Housing or
Permanent Housing program.
Ineligible Expenses
Replacement or operating reserves
Debt service
Construction or rehabilitation of shelter facilities
Facility support in combination with rent and rent/utility assistance
Mortgage payment for the facility
HEN Facility Support
Lease payments and other facility costs are allowable with HEN funding for transitional housing
9 In this context tax credit units are not considered subsidized housing.
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(section 1.4.1.2) and permanent housing (section 1.4.2). Emergency shelter is not allowable.
HEN facility support must be proportionally billed according to an estimate of the number of HEN
households expected to occupy the facility.
Maintenance Activities vs. Building Rehabilitation
Building maintenance is an allowable facility support expenses.
Maintenance activities include cleaning activities; protective or preventative measures to keep a
building, its systems, and its grounds in working order; and replacement of existing appliances or
objects that are not fixtures or part of the building. Maintenance activities should fix, but not make
improvements that would add value to the building.
Maintenance activities do not include the repair or replacement of fixtures or parts of the building. A
fixture is an object that is physically attached to the building and cannot be removed without damage
to the building. Fixtures also include, but are not limited to, kitchen cabinets, built in shelves, toilets,
light fixtures, staircases, crown molding, sinks and bathtubs. Maintenance activities do not include the
installment or replacement of systems designed for occupant comfort and safety such as HVAC, electrical
or mechanical systems, sanitation, fire suppression, and plumbing.
Building rehabilitation and capital improvements are not allowable facility support expenses.
These typically include those items that are done building-wide or affect a large portion of the property
such as roof replacement, exterior/interior common area painting, major repairs of building
components, etc. See Appendix F: Examples of Maintenance Activities.
6.3 Operations
Operations expenses are directly attributable to a particular program or to the homeless crisis
response system.
Salaries and benefits for staff costs directly attributable to the program or to the homeless
system, including but not limited to program staff, information technology (IT) staff, human
resources (HR) staff, bookkeeping staff, and accounting staff.
Office space, utilities, supplies, phone, internet, and training related to grant management
and/or service delivery/conferences/travel and per diem.
Equipment up to $5,000 per grant period unless approved in advance by Commerce.
Homeless Crisis Response System Expenses
Point-in-Time counts
Annual report/housing inventory
Local homeless plans
Coordinated entry planning, implementation and operations
State data warehouse and Homeless Management Information System
Interested landlord list and landlord outreach activities
Participation in local Continuum of Care
Program Expenses
Intake and assessment, including time spent assessing a household, whether or not the
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household is determined eligible
Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives)
Outreach services
Optional support services for individuals in permanent supportive housing, including case
management and connections to resources
Data collection and entry
General liability insurance and automobile insurance
Other costs as approved in advance by Commerce
Flexible Funding
Flexible Funding is the provision of goods, payments of expenses, or purchase of merchant gift cards or
vouchers not included in other allowable expense categories, which helps a household increase
housing stability or meet essential household needs.
Essential household needs includes personal health and hygiene items, cleaning supplies,
transportation passes and other personal need items. Essential household need items are available to
all eligible households. Verification of housing status is not required for households with a HEN
Referral. Essential needs distribution does not need to be documented in housing stability plans.
Households accessing emergency shelter with pets that require essential veterinary services to enter,
such as visits for core vaccinations (i.e. rabies, distemper, parvovirus), flea treatment, and sterilization
(spay or neuter), can be paid for on behalf of the household.
All eligible households are eligible for Flexible Funding. Households receiving only Flexible Funding and
not ongoing assistance are exempt from income eligibility requirements. Verification of housing status
is required. Flexible Funding payments must be paid directly to a third party on behalf of the household
and noted in a household’s housing stability plan.
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6.4 Administration
CHG Standard Administration - up to 15 percent of the CHG Standard and PSH CHF contracted budget
may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
Eviction Prevention Administration - up to 15 percent of the total grant for for the lead grantee and up
to 15 percent of each subgrantee grant total.
Allowable administrative costs benefit the organization as a whole and cannot be attributed specifically
to a particular program or to the homeless crisis response system. Administrative costs may include
the same types of expenses that are listed in program operations (such as IT staff and office supplies),
in the case that these costs are benefiting the agency as a whole and are not attributed to a particular
program or the homeless system. Administrative costs may include, but are not limited to, the
following:
Executive director salary and benefits
General organization insurance
Organization wide audits
Board expenses
Organization-wide membership fees and dues
Washington State Quality Award (WSQA) expenses
General agency facilities costs (including those associated with executive positions) such as
rent, depreciation expenses, and operations and maintenance
All amounts billed to administration must be supported by actual costs. If actual costs in the contract
period meet the budget cap, that amount may be charged in equal monthly amounts.
Billed directly such as IT services that are billed by the hour.
Shared costs that are allocated directly by means of a cost allocation plan.
Costs related to executive personnel such that a direct relationship between the cost and the
benefit cannot be established must be charged indirectly by use of an indirect cost rate which
has been appropriately negotiated with an approved cognizant agency or by use of the 10
percent de minimus rate.
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7.1 Service Delivery
Commerce promotes evidence-based service delivery models that efficiently move people
experiencing homelessness into permanent destinations.
Access to Homeless Housing Assistance
Coordinated entry intake must not require identification, social security cards, birth certificates, or
other documentation not required by funders. Households experiencing homelessness should be
provided temporary housing if available while documentation is being obtained. Flexible Funding can
be used to assist homeless households in obtaining required documentation to access housing.
Programs should limit eligibility criteria to those required by funders and/or facility structure (for
example, funding for veterans or unit size suitable for families with children).
Commerce may not support adding additional eligibility requirements to projects funded with CHG
unless CHG funds are used in conjunction/braided with other funds for a program that has that
requirement. If you are considering adding new additional requirements you must first check with
Commerce for review and approval.
Voluntary Services
Programs must not terminate or deny services to households based on refusal to participate in
supportive services. Supportive services are helping or educational resources that include support
groups, mental health services, alcohol and substance abuse services, life skills or independent living
skills services, vocational services and social activities.
Supportive services do not include housing stability planning or case management.
PSH CFH eligible households must be offered a referral to Foundational Community Supports (FCS). A
FCS provider directory can be found here. Households are not required to participate in FSC services.
Progressive Engagement
Lead/subgrantees must employ a progressive engagement (PE) service model. Progressive Engagement
includes the following components:
Whenever possible, households experiencing a housing crisis should be diverted from entering
homeless housing programs through problem-solving conversations, linkages to mainstream
and natural supports, and/or flexible, and light-touch financial assistance.
Initial assessment and services address the immediate housing crisis with the minimal services
needed.
Frequent re-assessment determines the need for additional services.
Services are individualized and responsive to the needs of each household.
Households exit to permanent housing as soon as possible.
Having already received assistance does not negatively impact a household’s eligibility if they
face homelessness again.
Income eligibility recertification (every 3 months) can be included in case management and an
assessment that determines the need for additional services, but shouldn’t be considered the only
approach to a PE service model.
7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service
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Assessment and Housing Stability Planning
A problem-solving diversion conversation should occur prior to a full, standardized assessment.
Lead/subgrantees must assess each household’s housing needs and facilitate planning with the goal of
obtaining or maintaining housing stability. Housing stability planning must be housing-focused and
client-driven.
Assessments and housing stability planning must be documented.
Assessments and housing stability planning are not required for Drop-in Shelters.
Choice of Housing and Portability
Households have the right to housing choice and can reject housing and service options without
retribution or limiting their access to other forms of assistance.
Grantees cannot terminate assistance if a household chooses to relocate to a jurisdiction outside the
grantee's service area. Grantees should work with the household to maintain meaningful case
management (e.g. phone, home visits, video calls) and continue rental assistance until the household is
no longer eligible or declines participation.
7.2 HMIS
Lead/subgrantees providing direct service must enter client data into the Homeless Management
Information System (HMIS) for all temporary and permanent housing interventions regardless of
funding source in accordance with the most current HUD HMIS Data Standards.
Additionally, if the lead grantee is a county/city government, all Emergency Shelter, Transitional
Housing, Safe Haven, Homelessness Prevention or any Permanent Housing10 type programs funded
with local document recording fees must enter client data in HMIS.
For assistance with a HMIS related question or issue, submit a ticket through Commerce’s HMIS
Helpdesk Form. Please visit the Commerce HMIS website for forms, information on training, past
newsletters and additional HMIS related resources.
Data Quality
Grantees 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, and race and ethnicity from
clients that give consent on the HMIS consent form. Agencies will never require a client to provide
this information even if they have consented, but should gather it to the best of their ability.
All clients, consenting and non-consenting, must have complete prior living situation and exit
destination data.
10 PH – Permanent Supportive Housing, PH – Housing Only, PH – Housing with Services, PH – Rapid Re-Housing
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Examples of incomplete entries:
*Only measured for consenting clients.
Expected completeness measures for project types:
Expected Completeness Measures
Data Element Emergency
Shelter
Night-by-
Night/Drop-in
Emergency Shelter
All other Housing
Project Types
Street
Outreach
Name* 85% 80% 95% 90%
Date of Birth* 85% 80% 95% 90%
Race and 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.
Grantees must enter/update project client/household data in HMIS within 14 calendar days following
the date of project enrollment/exit.
Counties not using the State HMIS (data integration counties), must work with the HMIS Manager to
provide full CSV exports every three months/quarterly. When Commerce is able to accept monthly
imports, Counties must upload data to the State’s HMIS using XML or CSV schema compliant with
current HUD HMIS Data Standards. Uploads must occur no later than the 30th calendar day following
the end of each month. Counties not able to export and upload data to the State HMIS using an
approved format must use the State HMIS for direct data entry.
Accuracy
Data entered into HMIS must reflect the real situation of the client/household as closely as possible.
Accurate data is necessary to ensure that any project reporting fairly represents the work of the
project and each client’s story.
Incomplete Entries
Data Element Incomplete if…
Name* [Quality of Name] field contains Partial, Street name, or Code name, Client doesn’t know,
Client prefers not to answer, 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 prefers not to answer, or Data not collected; or [Date of Birth] is missing.
Race and Ethnicity* [Race] field contains Client doesn't know, Client prefers not to answer, Data not collected, or
is missing.
Prior Living Situation [Prior Living Situation] is Client doesn't know, Client prefers not to answer, Data not
collected, or is missing.
Destination [Destination] is Client doesn't know, Client prefers not to answer, No exit interview
completed, Data not collected, or is missing.
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Examples of data accuracy:
Elements of Data Accuracy
Date of Birth and
Project Start Date
Ensure the two are not the same dates.
Prior Living
Situation data
elements
Ensure responses for Prior living situation, Length of stay in prior living situation,
Approximate date homelessness started, Number of times the client has experienced
homelessness in the last 3 years, and Number of months experiencing homelessness in
the last 3 years do not conflict with each other.
Disabling Condition Ensure the Yes/No answer does not conflict with the specific types of disabling
conditions.
Health Insurance Ensure the Yes/No answer does not conflict with the specific types of health insurance.
Monthly Income Ensure the Yes/No answer does not conflict with the specific sources of monthly
income.
Non-Cash Benefits Ensure the Yes/No answer does not conflict with the specific sources of non-cash
benefits.
Relationship to
Head of Household
Ensure there is only one Head of Household for any given household (including clients
served individually) and that this element is entered and accurate for all household
members.
Veteran Status Ensure individuals under 18 years of age are not identified as veterans.
Project Population
Specifics
Ensure that projects only serving individuals only enroll individuals and not multi-
person households.
Ensure that projects only serving families with children only enroll families with
children.
Ensure that projects only serving clients of a specific age range only enroll clients of
that age range.
Consistency
Consistent data helps ensure that any reporting generated by a project is understood. Data consistency
is important for effectively communicating the processes and outcomes of a project.
All data will be collected, entered, and stored in accordance with the Agency Partner Agreement.
All data elements and responses will be entered per the HUD Data Standards Manual. To avoid
inconsistency, agencies should use language on intake forms that closely matches the elements and
responses in HMIS.
Clients who refuse consent must be made anonymous per Department of Commerce Guidance.
Consent for Entry of Personally Identifying Information
Identified Records
Personally identifying information (PII)11 must not be entered into HMIS unless all adult
household members have provided informed consent.
Informed consent must be documented with a signed copy of the Client Release of Information
and Informed Consent Form in the client file. If electronic consent has been received, a copy
does not need to be printed for the client file but must be available in HMIS. If telephonic
consent has been received, complete the consent form the first time the household is seen in
person. See HMIS Agency Partner Agreement.
11 PII includes name, social security number, birthdate, address, phone number, email, and photo.
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Anonymous Records
The following types of records must be entered anonymously:
Households in which one adult member does not provide informed consent for themselves or
their dependents
Households entering a domestic violence program or currently fleeing or in danger from a
domestic violence, dating violence, sexual assault, human trafficking or a stalking situation
Minors under the age of 13 with no parent or guardian available to consent to the minor’s
information in HMIS
Households in programs which are required by funders to report HIV/AIDS status
Special Circumstances
If the reporting of the HIV/AIDS status of clients is not specifically required, the HIV/AIDS status must
not be entered in HMIS.
If a combination of race, ethnicity, gender, or other demographic data could be identifying in your
community, those data should not be entered for anonymous records.
HMIS Data Suppression Policy
Data Suppression
Data suppression refers to various methods or restrictions that are applied to datasets, reports
orvisualizations in order to protect the identities, privacy and personal information of individuals.
In Washington State, RCW 43.185C.180 and RCW 43.185C.030 specify that all personal information in
the HMIS is confidential and that the identity and right of privacy of these individuals must be
protected.
Personal Identifiable Information (PII) is a separate topic and must never be disclosed to any entity
that does not have HMIS access or is not part of your data sharing agreement.
When Data Suppression Is Required
It is the policy of the HMIS program to suppress data when the data contains demographic detail, the
numbers are small enough to potentially identify a person, and:
Will be in a public space or presentation, or
Will be shared with an entity that is not covered in the HMIS Consent Form.
In these cases, any non-zero counts that are under 11 will be suppressed.
Additional suppression will be needed when the suppressed value can be derived from other reported
values. For example, when you can calculate the suppressed value by subtracting other values from
the grand total.
The exceptions to data suppression are zero values or values that fall under an “unknown” category
type. Both of these circumstances do not contribute any valuable information that could identify a
person or reveal confidential data and thus, is not subject to suppression.
Learn more about how to apply data suppression and which data sharing entities are required to meet
this policy in the HMIS Data Suppression Policy document.
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7.3 Habitability
For Rent Assistance
Documented habitability is required for all housing units into which households will be moving, except
when a household moves in with friends or family or into a hotel/motel unit. Housing units must be
documented as habitable prior to paying the rent subsidy. Documentation must be kept in the client
file.
Habitability can be documented by the Landlord Habitability Standards Certification Form or
inspection. Both methods are valid for the length of time the household is a tenant in the housing unit.
If the housing unit is provided to a different household within 12 months of documented habitability,
an additional certification/inspection is not required.
Allowable Methods for Unit Habitability Determination
The CHG Landlord Habitability Standards Certification Form references the state Landlord Tenant Act
(RCW 59.18.060) and requires the landlord (as defined in RCW 59.18.030) to certify that the unit meets
the safety and habitability standards detailed in the law. The landlord’s failure to comply with the law
may result in termination of the rent subsidy.
OR
Inspections: in lieu of (or in addition to) the above landlord certification, lead/subgrantees may choose
to inspect all housing units. Lead/subgrantees may use the Commerce Housing Habitability Standards
(HHS) Form or the HUD Housing Quality Standards (HQS) Inspection Form.
Documentation of habitability certification or inspection must be kept in the client file.
Habitability Complaint Procedure
Each household must be informed in writing of the habitability complaint process and assured that
complaints regarding their housing unit’s safety and habitability will not affect the household’s
eligibility for assistance.
Lead/subgrantee must have a written procedure describing the response to complaints regarding unit
safety and habitability. The procedure must include:
Mandatory inspection when a complaint is reported using the HHS Form, HQS Inspection Form,
or documenting the specific complaint in an alternate format that includes follow-up and
resolution.
For Facilities
All facilities must conduct and document an inspection at least once a year using the HHS Form or HQS
Inspection Form.
7.4 Lead Based Paint Assessment
To prevent lead poisoning in young children, lead/subgrantees must comply with the Lead‐Based Paint
Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35, Parts A, B, M, and
R.
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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 G: Lead-Based Paint Visual Assessment Requirements.
For Rent Assistance
A lead‐based paint visual assessment must be completed prior to providing rapid re-housing or
homelessness prevention rent assistance if a child under the age of six or pregnant woman resides in a
unit constructed prior to 1978.
For Facilities
All facilities that may serve a child under the age of six or a pregnant woman constructed prior to 1978
must conduct an annual lead‐based paint visual assessment which is documented on the HQS
Inspection Form or HHS Form, and readily accessible for review.
Exceptions to the Lead-Based Paint Visual Assessment Requirement
Visual assessments are not required under the following circumstances:
Zero‐bedroom or SRO‐sized units;
X‐ray or laboratory testing of all painted surfaces by certified personnel has been conducted in
accordance with HUD regulations and the unit is officially certified to not contain lead‐based
paint;
The property has had all lead‐based paint identified and removed in accordance with HUD
regulations;
The unit has already undergone a visual assessment within the past 12 months –obtained
documentation that a visual assessment has been conducted; or
It meets any of the other exemptions described in 24 CFR Part 35.115(a).
If any of the circumstances outlined above are met, lead/subgrantees must include the information in
the client file.
7.5 Additional Requirements
Fraud and Other Loss Reporting
Lead/subgrantees must inform Commerce in writing of all known or suspected fraud or other loss of
any funds or other property furnished under this grant. Reasonable attempts must be made to prevent
fraud and ineligible use of funds.
Personal Identifying Information
Personal identifying information must never be sent electronically unless sent via a secure file transfer.
Request a secure file transfer login credentials from Commerce.
Grievance Procedure
Lead/subgrantees must have a written grievance procedure for households seeking or receiving
services which includes the household’s right to review decisions and present concerns to program
staff not involved in the grievance.
This procedure must:
Clearly describe how households can request a review or report concerns
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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 H: Access to the DSHS Benefits Verification System Data Security Requirements for more
information. This form must be kept in the client file.
Prohibitions
Lead/subgrantee may not require households to participate in a religious service as a condition
of receiving program assistance.
Lead/subgrantees may not deny emergency shelter to households that are unable to pay fees
for emergency shelter.
If a program serves households with children, the age of a minor child cannot be used as a basis
for denying any household’s admission to the program.
Nondiscrimination
Lead/subgrantees must comply with all federal, state and local nondiscrimination laws, regulations and
policies, including the Washington State Law against Discrimination, RCW 49.60, as it now reads or as it
may be amended. RCW 49.60 currently prohibits discrimination or unfair practices because of race,
creed, color, national origin, families with children, sex, marital status, sexual orientation, age,
honorably discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained guide dog or service animal by a person with a disability.
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.
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Local nondiscrimination laws may include additional protected classes.
Lead/subgrantees serving households with children must serve all family compositions. If a program
operates gender-segregated facilities, the program must allow the use of facilities consistent with the
client’s gender expression or identity.
All emergency shelter facilities must meet the Americans with Disabilities Act standards.
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8.1 Washington Residential Landlord-Tenant Act
Lead/subgrantees must provide information on the Washington Residential Landlord Tenant Act (RCW
59.18) to households receiving rent assistance.
For more information on this law, visit Washington Law Help, housing page, tenant rights at
www.washingtonlawhelp.com.
8.2 Rental Agreements
Client files must contain one of the following types of agreements if rent assistance is paid on their
behalf: Intent to Rent, Lease, or Certification of Payment Obligation.
If the rent assistance paid is move-in costs (security deposits, first and last month’s rent) only, an Intent
to Rent form is allowable. If the rent assistance will exceed move-in costs to include on-going rent, a
lease or Certification of Payment Obligation is required.
Intent to Rent
At a minimum, an Intent to Rent form must contain the following:
Name of tenant
Name of landlord
Address of rental property
Rent rate
Signature of landlord/date
Lease
At a minimum, the lease or rental agreement between the lead/subgrantee and the landlord OR the
household and the landlord must contain the following:
Name of tenant
Name of landlord
Address of rental property
Occupancy (who gets to live at the rental)
Term of agreement (lease start and end date)
Rent rate and date due
Deposits (if any and what for/term)
Signature of tenant/date
Signature of landlord/date
Certification of Payment Obligation
A CHG Certification of Payment Obligation is required for rent subsidies paid to a friend or family
member who is not in the business of property management. This form must be kept in the client file.
8.3 Dispute Resolution Center Partnerships
Lead/subgrantees must coordinate with their local Dispute Resolution Centers (DRC) if one exists
within the service area. DRCs can be an essential pathway to collaborate and negotiate for mutual
8 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance
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gain to prevent evictions and maintain positive landlord relationships.
There are many ways to partner with a DRC. The following list is not comprehensive and
grantees should work towards a partnership that makes sense for their community.
Embed a release of information in your intake process to be able to communicate
with DRC staff.
Train DRC staff on Eviction Prevention program eligibility.
Receive Eviction Prevention referrals from the DRC.
Engage with DRC staff to help resolve communication challenges between landlords
and households.
Invite DRC staff to participate in rent assistance provider meetings.
Partner households with DRC staff to help establish repayment plans when appropriate.
8.4 Payment Standards to Determine Rent Limit
Lead/subgrantees must choose either the HUD Fair Market Rent or the Rent Reasonableness payment
standard to be used for all units receiving a rent subsidy, including arrears, and must be completed
before the rent subsidy is paid.
Payment Standards Options
HUD’s Fair Market Rent
Fair Market Rent (FMR) sets rent limits on the subsidy provided to the household. FMR is established
by HUD (http://www.huduser.org/portal/datasets/fmr.html) and is updated each federal fiscal year
(October 1). For this grant, rent calculations do not need to include the cost of utilities.
If a hotel/motel room is being used as permanent housing, compare it to a studio/efficiency unless the
room is a suite with separate bedrooms.
Lead/subgrantees must set a rent limit policy for their service area using a percentage of FMR that
does not exceed 150 percent FMR. The rent limit is the maximum rent that can be paid for a unit of a
given size.
OR
Rent Reasonableness
Rent reasonableness means the total rent charged for a unit must be reasonable in relation to the
rents being charged during the same time period for comparable units in the private unassisted market
and must not be in excess of rents being charged by the owner during the same time period for
comparable non-luxury unassisted units.
To make this determination, the grantee should consider (a) the location, quality, size, type, and age of
the unit; and (b) any amenities, housing services, maintenance and utilities to be provided by the
owner. Comparable rents can be checked by using a market study, by reviewing comparable units
advertised for rent, or with a note from the property owner verifying the comparability of charged
rents to other units owned (for example, the landlord would document the rents paid in other units).
For more information, see HUD’s guide at https://files.hudexchange.info/resources/documents/CoC-
Rent-Reasonableness-and-FMR.pdf.
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The rental assistance paid cannot exceed the actual rental cost.
Lead/Subgrantees must establish rent reasonableness policies and procedures for documenting
comparable rents. Policies and procedures must include:
A methodology for documenting comparable rents
Standards for certifying comparable rents as reasonable
Documentation of rent reasonableness must be kept in the client file. HUD’s Rent Reasonableness
Form or comparable form must be used, see HUD's worksheet on rent reasonableness at
https://www.hudexchange.info/resource/2098/home-rent-reasonableness-checklist-and-
certification/.
Rent Limit Exceptions
The FMR rent limit policy or rent reasonableness policies and procedures may also include a
description of how exceptions are made when circumstances require a rent amount that exceeds the
limit.
8.5 Determining Rent Subsidy
Lead/subgrantees must have a standardized procedure for determining the amount of rent subsidy for
each household. The procedure should include a consideration of the household’s resources and
expenses. Although each household may receive a different amount of rent subsidy, the procedure for
determining the subsidy must be standardized.
Client files must include documentation of the subsidy amount and the determination process. Rent
subsidy should be adjusted when there is a change in household circumstance, income, or need.
HEN households cannot be required to pay any of their ABD cash benefit or other earned income
reported to DSHS towards their rent.
Households receving TANF cannot be required to pay any of their TANF benefit towards their rent.
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Washington State’s Landlord Mitigation Law (RCW 43.31.605) became effective on June 7, 2018 to
provide landlords with an incentive and added security to work with tenants receiving rental
assistance. The program offers up to $1,000 to the landlord in reimbursement for some potentially
required move-in upgrades, up to fourteen days’ rent loss and up to $5,000 in qualifying damages
caused by a tenant during tenancy. A move in/move out condition report is required for a landlord to
receive reimbursement.
For more information, please visit the Commerce Landlord Mitigation Program website.
9 Washington State’s Landlord Mitigation Law
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10.1 Appendix A: Required and Recommended Forms
The following forms are required, if applicable. Forms may be modified if all of the content is included.
All forms are posted on the Commerce CHG website.
Consolidated Homeless Grant Verification of Household Eligibility and Income Recertification
(sections 3.4;3.6;3.7;3.8.1;4.4;4.6;4.7;5.4;5.5.1;5.6)
Consolidated Homeless Grant Income Eligibility Worksheet (section 3.6 and 4.6)
Consolidated Homeless Grant Utility-Only Assistance form (section 6.1)
Client Release of Information and Informed Consent Form (section7.2.2.1)
Consolidated Homeless Grant Landlord Habitability Standards Certification Form OR Commerce
Housing Habitability Standards (HHS) Form OR HUD Housing Quality Standards (HQS) Inspection
Form– including Lead-based Paint Visual Assessment (section 7.3)
Consolidated Homeless Grant Client File Checklist (section 7.5.6)
DSHS 14-012(x)(REV 02/2003) for BVS (section 7.5.7)
Consolidated Homeless Grant Certification of Payment Obligation (section 8.2.3)
Consolidated Homeless Grant Targeted Prevention Eligibility Screening Form (section 4.4.1 and
5.4.1) or other tool approved by Commerce
Rent Reasonableness Form (section 8.4.1)
The following form is recommended.
Move in/move out condition report (section 9)
10 Appendices
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10.2 Appendix B: Required Policies and Procedures
Coordinated Entry Policies (section 2.1.3)
Habitability Complaint Procedure (section 7.3.1.2)
Grievance Procedure (section 7.5.3)
Termination and Denial of Service Policy (section 7.5.4)
Rent Limit Policy or Rent Reasonableness Policies and Procedures (section 8.4)
Determining Rent Subsidy Procedure (section 8.5)
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10.3 Appendix C: Client File Documentation
The following chart summarizes the documentation required in each client file, depending on the type of service provided. Other documentation
may be required based on individual circumstances. CHG Required Forms are found on the Commerce CHG website.
Documentation Drop-in Shelter Continuous Stay
Shelter Transitional Housing Rapid Re-housing
Rent Assistance
Permanent
Supportive Housing
Homelessness
Prevention Rent
Assistance
Client File Checklist
HMIS Client Release of Information and Informed Consent
Form (unless DV OR client refuses consent)
DSHS 14-012(x)(REV 02/2003) for BVS, if applicable
CHG Verification of HH Eligibility and Income Recertification
Form (with associated documentation) If staying longer
than 90 days
CHG Income Eligibility Worksheet (or equivalent, where
applicable) If staying longer
than 90 days CHG Standard only
CHG Standard and
Eviction Prevention
only
Targeted Prevention Eligibility Screening Form
Rent Reasonableness Form, if applicable
Landlord Habitability Certification OR HHS or HQS as applicable
Lead-based Paint Assessment, if applicable
Utility-Only Assistance Form, if applicable
Lease OR Certification of Payment Obligation
Intent to Rent, if applicable
Household Rent subsidy amount / Rent determination
process
Assessment and Housing Stability Planning
Temporary Absence, if applicable
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10.4 Appendix D: Homeless System Performance Requirements
Data Sources
The Homeless Management Information System (HMIS) is the data source for calculating the
baseline and performance results.
Compliance is measured at the system intervention level. This means data from all applicable
projects are included, without regard to fund sources.
For example, to monitor compliance with ‘Increase Percent Exits to Permanent Housing from
Rapid Re-Housing’, all Rapid Re-Housing projects in a given community will be included in the
calculation.
Data for the previous state fiscal year will serve as the baseline. Performance results can be
found on the CHG Performance Tracker which is updated quarterly:
https://public.tableau.com/app/profile/comhau/viz/CHGPerformanceTrackerV2/OutcomesDas
hboard
Please see page 7 of the CHG Performance Tracker reporting specifications to learn about which
destinations are categorized as positive outcome destinations and permanent housing
destinations.
Housing Outcome Performance Requirements
For each intervention type funded by CHG, grantees must adopt the required housing outcome
performance measure outlined in Table A below.
Grantees must improve housing outcomes by making progress towards the statewide
performance target. The performance target is the level of desirable performance and is an
indicator of a high performing system.
Additionally, RCW 43.185C.185 requires that Commerce ensure racial equity within homeless
service system program outcomes. Commerce will evaluate a system’s outcomes by assessing
housing outcomes of exited households across racial and ethnic demographics for any potential
disparities12. To be considered in compliance of the equitable outcomes performance measure,
the housing outcomes of the exited households across racial and ethnic demographics should
not be significantly less than the overall rate13. If racial or ethnic disparities in housing
outcomes are identified in the data, Commerce will determine if the requirement has been met
on a case by case basis.
12 For the equitable outcomes measure, disparities are defined as instances in which the outcome rate of a particular racial
or ethnic category is significantly less than the overall rate.
13 The “overall rate” refers to the rate of a particular intervention type’s total exits to positive outcomes. This is inclusive of
all ethnic or racial catagories.
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Example: Exits from Transitional Housing to Positive Exits
Overall rate (All
households)
Rate for Black/African
American households
Disparity Identified
Example Community A 80% 60% Yes
Example Community B 75% 75% No
Grantees that do not make progress towards performance targets and/or whose outcome data
reveals racial or ethnic disparities will enter into a performance improvement plan with
Commerce which will include investigation into the potential causes and technical assistance to
address the identified barriers to progress.
NOTE ON HOMELESSNESS PREVENTION: The performance measure for Homelessness
Prevention is in a testing period and there is no available baseline data. This contract period
will serve to test the performance measure, gather baseline data and determine the
performance target. This measure will NOT be included in performance monitoring.
Table A: Required Housing Outcome Performance Measures
Intervention Type
Performance Measure HMIS Calculation Performance
Target
Drop In Emergency Shelter14 Increase Exits to Positive Outcomes
Of people in ES who exited, those who
exited to Positive Outcome destinations
Target: 50%
Emergency Shelter (ES)15 Increase Exits to Permanent Housing
Of people in ES who exited, those who
exited to permanent housing destinations
Target: 50%
Transitional Housing (TH) Increase Exits to Permanent Housing
Of people in TH who exited, those who
exited to permanent housing destinations
Target: 80%
Rapid Re-Housing (RRH) Increase Exits to Permanent Housing
Of people in RRH who exited, those who
exited to permanent housing destinations
Target: 80%
Permanent Supportive Housing
(PSH) or any Permanent
Housing type (excluding RRH)
Increase Exits to or Retention of
Permanent Housing
Of people in PSH, those who remained in
PSH or exited to permanent housing
destinations
Target: 95%
All of the interventions above Equitable Outcomes Each calculation above, disaggregated by
race and ethnicity
Outcomes across racial
and ethnic demographics should not be significantly
less than the overall rate
TESTING:
Homelessness Prevention (HP)
TESTING:
Housing Retention after 1 month
Housing Retention after 6 months
TESTING:
Of the people in HP who exited to a
permanent housing destination, those who
did not enter the homeless system after exit
Not established
14 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.
15 Excludes Drop in Emergency Shelters
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Equitable Access
RCW 43.185C.185 requires that Commerce promote racial equity within homeless service
system program access. Commerce will support communities in improving equitable access by
publishing equitable access data (see below) and developing resources and facilitating activities
focused on data literacy, barriers to equitable access, and strategies that improve equitable
access. These resources and activities include grantee workshops, one-on-one technical
assistance opportunities, data visualizations, trainings and toolkits.
To serve as baseline data and as a tool to assess the impact of equitable access strategies,
Commerce will maintain the Washington Balance of State Equitable Access Dashboard that
compares the race and ethnicity of households entering the homeless system as measured
using HMIS data to the race and ethnicity of the homeless and unstably housed population as
reported in the Snapshot of Homelessness Report (tables 6 and 8 in the report). At this time,
this will not be considered a formal performance measure and will not be included in
performance monitoring. However, communities are still expected to use this data to identify
underserved populations, assess the impact of their access strategies, and ultimately work to
improve equitable access as needed.
Subgrantee Agreements
Housing outcome performance requirements must be included in CHG subgrantee agreements
for applicable intervention types. Grantees may customize subgrantee performance
requirements by establishing agency specific benchmarks which take into account past
performance, facility type, target population and other variables.
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10.5 Appendix E: Household Eligibility Requirements
16 HEN Referral includes households who have a HEN Referral and households enrolled in General Assistance (ABD recipient) and General
Assistance Pregnancy (Pregnant Women Assistance recipient) from DSHS as documented in BVS.
ELIGIBILTY REQUIREMENTS
HOUSING STATUS INCOME AT ENROLLMENT INCOME AT
RECERTIFICATION
Flex Funding
Homeless
OR
Chronically homeless
OR
At risk of homelessness
At or below 80% AMI
OR
HEN Referral
OR
None if not receiving ongoing
rent assistance
None
Drop-in Shelter None None None
Continuous-stay Shelter None None At or below 80% AMI
Transitional Housing Homeless None At or below 80% AMI
Rapid Re-Housing (CHG
Standard) Homeless None At or below 80% AMI
Homelessness
Prevention (CHG
Standard and Eviction
Prevention)
At risk of homelessness At or below 80% AMI At or below 80% AMI
HEN Rapid Re-Housing Homeless DSHS HEN Referral16 DSHS HEN Referral
HEN Homelessness
Prevention At risk of homelessness DSHS HEN Referral DSHS HEN Referral
Permanent Supportive
Housing (CHG Standard)
Homeless and a household
member with a permanent
disability
At or below 80% AMI None
Permanent Supportive
Housing for Chronically
Homeless Families (PSH
CHF)
Chronically homeless head of
household with a permanent
disability
At or below 80% AMI None
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10.6 Appendix F: Examples of Maintenance Activities
ALLOWABLE EXPENSES
Cleaning Activities Protective or Preventative
Measures to Keep a Building,
its Systems, and its Grounds
in Working Order
Replacing Existing Appliances or
Objects That Have Broken or
are Clearly Past Their Useful
Life, are not Fixtures or Part of
the Building (See above for
definition of “fixtures.”)
Cleaning gutters and
downspouts
Lawn and yard care
(mowing, raking,
weeding,
trimming/pruning
trees and shrubs)
Cleaning a portion of
interior or exterior of
building, including
graffiti removal
Washing windows
Litter pick up and trash
collection
Removing snow/ice
Unclogging sinks and
toilets
Fixing gutters
Mending cracked plaster
Patching roof
Caulking, weather
stripping, re-glazing.
Replacing a broken
window or screen
Reapplication of
protective coatings
Fixing plumbing leaks
Repainting previously
painted surface (including
limited scraping)*
Waterproofing (sealant)
Servicing and
maintenance of
mechanical systems
Replacing a carpet square
or patching carpet
Fixing alarm systems
Installing temporary
fencing
Replacing:
Kitchen appliances where
removal would not cause
any damage (for example
dishwashers, stoves,
refrigerators)
Light bulbs
Washing and drying
machines
Air filters
Furniture
* Non-destructive methods only (e.g., no sandblasting or high pressure spraying).
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10.7 Appendix G: Lead-Based Paint Visual Assessment Requirements
To prevent lead‐poisoning in young children, Lead/Subgrantees must comply with the Lead‐
Based Paint Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35,
Parts A, B, M, and R.
Disclosure Requirements
For ALL properties constructed prior to 1978, landlords must provide tenants with:
Disclosure form for rental properties disclosing the presence of known and unknown
lead‐based paint;
A copy of the “Protect Your Family from Lead in the Home” pamphlet.
Both the disclosure form and pamphlet are available at: https://www.epa.gov/lead/real-estate-
disclosure
It is recommended that rent assistance providers also share this information with their clients.
Determining the Age of the Unit
Lead/Subgrantees should use formal public records, such as tax assessment records, to
establish the age of a unit. These records are typically maintained by the state or county and
will include the year built or age of the property. To find online, search for your county name
with one of the following phrases:
“property tax records”
“property tax database”
“real property sales”
Print the screenshot for the case file. If not available online, the information is public and can
be requested from the local authorities.
Conducting a Visual Assessment
Visual assessments are required when:
The leased property was constructed before 1978;
AND
A child under the age of six or a pregnant woman will be living in the unit occupied by
the household receiving rent assistance.
A visual assessment must be conducted prior to providing rent assistance to the unit and on an
annual basis thereafter (as long as assistance is provided). Lead/Subgrantees may choose to
have their program staff complete the visual assessments or they may procure services from a
contractor. Visual assessments must be conducted by a HUD‐Certified Visual Assessor.
Anyone may become a HUD‐Certified Visual Assessor by successfully completing a 20‐minute
online training on HUD’s website at:
http://www.hud.gov/offices/lead/training/visualassessment/h00101.htm
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If a visual assessment reveals problems with paint surfaces, Lead/Subgrantees cannot approve
the unit for assistance until the deteriorating paint has been repaired. Lead/Subgrantees may
wait until the repairs are completed or work with the household to locate a different (lead‐safe)
unit.
Locating a Certified Lead Professional and Further Training
To locate a certified lead professional in your area:
Call your state government (health department, lead poison prevention program, or
housing authority).
Call the National Lead Information Center at 1‐800‐424‐LEAD (5323).
Go to the US Environmental Protection Agency website at
https://www.epa.gov/leadand click on "Find a Lead-Safe Certified Firm."
Go to Washington State Department of Commerce Lead-Based Paint Program website at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/lead-
based-paint-program-lbpabatement/ and click on “Find a Certified LBP Firm” under
Other Resources.
Information on lead-based programs in Washington State can be found at
http://www.commerce.wa.gov/building-infrastructure/housing/lead-based-paint/.
For more information on the Federal training and certification program for lead professionals,
contact the National Lead Information Center (NLIC) at https://www.epa.gov/lead/forms/lead-
hotline-national-lead-information-centeror 1‐800‐424‐LEAD to speak with an information
specialist.
The Lead Safe Housing Rule as well as a HUD training module can be accessed at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/lshr
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10.8 Appendix H: Access to the DSHS Benefits Verification System Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Appendix, shall each have
the following definitions:
a. “Authorized User(s)” means an individual or individuals with an authorized business
requirement to access DSHS Confidential Information.
b. “Hardened Password” means a string of at least eight characters containing at least one
alphabetic character, at least one number and at least one special character such as an
asterisk, ampersand or exclamation point.
c. “Unique User ID” means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
d. “Contractor” means CHG Lead/subgrantees.
2. Data Transport. When transporting DSHS Confidential Information electronically, including
via email, the Data will be protected by:
a. Transporting the Data within the (State Governmental Network) SGN or Contractor’s
internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractor’s internal network.
This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique
User ID and Hardened Password or other authentication mechanisms which provide equal
or greater security, such as biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers and made
available through shared folders. Access to the Data will be restricted to Authorized Users
through the use of access control lists which will grant access only after the Authorized User
has authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or
smart cards. Data on disks mounted to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined in Section
5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken
out of the Secured Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not
be transported out of a Secured Area. When not in use for the contracted purpose, such
discs must be locked in a drawer, cabinet or other container to which only Authorized Users
have the key, combination or mechanism required to access the contents of the container.
Workstations which access DSHS Data on optical discs must be located in an area which is
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accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be
transported out of a Secured Area. Access to Data on these discs will be restricted to
Authorized Users through the use of access control lists which will grant access only after
the Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security, such
as biometrics or smart cards. Data on discs attached to such servers must be located in an
area which is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secured
Area which is only accessible to authorized personnel. When not in use, such records must
be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only
authorized persons have access.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN)
or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue
authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized
Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an
Authorized User in possession of such credentials is terminated or otherwise leaves the
employ of the Contractor, and whenever an Authorized User’s duties change such that the
Authorized User no longer requires access to perform work for this Contract
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the
Contractor on portable devices or media unless specifically authorized within the terms and
conditions of the Contract. If so authorized, the Data shall be given the following
protections:
(a)Encrypt the Data with a key length of at least 128 bits
(b)Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
(c)Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
Physically Secure the portable device(s) and/or media by
(d)Keeping them in locked storage when not in use
(e)Using check-in/check-out procedures when they are shared, and
(f)Taking frequent inventories
(2) When being transported outside of a Secured Area, portable devices and media
with DSHS Confidential Information must be under the physical control of Contractor staff
with authorization to access the Data.
(3) Portable devices include, but are not limited to; smart phones, tablets, flash
memory devices (e.g. USB flash drives, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Secured Area.
(4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs),
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magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC).
h. Data stored for backup purposes.
(1) DSHS data may be stored on portable media as part of a Contractor’s
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course
of normal backup operations. If backup media is retired while DSHS Confidential
Information still exists upon it, such media will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Contractor’s existing, documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected as
otherwise described in this exhibit. If this media is retired while DSHS Confidential
Information still exists upon it, the data will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition.
4. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. It also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following
methods will be used for data segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain
no non-DSHS data. And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a partition or
folder dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data
by the value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically segregated from
non-DSHS data in a drawer, folder, or other container.
g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both
the DSHS Data and the non-DSHS data with which it is commingled must be protected as
described in this exhibit.
5. Data Disposition. When the contracted work has been completed or when no longer
needed, except as noted in Section 3. Protection of Data b. Network Server Disks above,
Data shall be returned to DSHS or destroyed. Media on which Data may be stored and
associated acceptable methods of destruction are as follows:
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6. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to the Department of Commerce
Contact designated in the Grant Agreement within one (1) business day of discovery.
Data shared with Subcontractors. If DSHS Data access provided under this Contract is to
be shared with a subcontractor, the Contract with the subcontractor must include all of the
data security provisions within this Contract and within any amendments, attachments, or
exhibits within this Contract.
Data Stored On: Will be Destroyed By:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB
flash drives, portable hard disks)
excluding optical discs
Using a “wipe” utility which will overwrite
the Data at least three (3) times using
either random or single character data, or
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Confidential Information
Recycling through a contracted firm
provided the contract with the recycler
assures that the confidentiality of Data
will be protected.
Paper documents containing Confidential
Information requiring special handling
(e.g. protected health information)
On-site shredding, pulping, or
incineration
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely
defacing the readable surface with a
coarse abrasive
Magnetic tape Degaussing, incinerating or crosscut
shredding
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10.9 Appendix I: 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
COML Council Packet 7-23-24, Page 141 of 292
66
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
COML Council Packet 7-23-24, Page 142 of 292
67
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.
COML Council Packet 7-23-24, Page 143 of 292
CHG-SDG- Contract #:
CHG Standard
Funding
Admin $0.00
Rent $0.00
Facility Support $0.00
Operations $0.00
PSH CHF PSH CHF Rent/Fac Support $0.00
PSH CHF Operations $0.00
HEN SFY 2024
HEN Admin 2024 $0.00
HEN Rent/Fac Support 2024 $0.00
HEN Operations 2024 $0.00
HEN SFY 2025
HEN: Admin 2025 $0.00
HEN: Rent/Fac Support 2025 $0.00
HEN: Operations 2025 $0.00
Eviction
Prevention
Eviction Prevention Admin $0.00
Eviction Prevention Rent $0.00
Eviction Prevention Operations $0.00
HEN FCS
Bridge SFY
2024
HEN FCS Bridge Admin 2024 $0.00
HEN FCS Bridge Rent 2024 $0.00
HEN FCS Bridge Ops 2024 $0.00
HEN FCS
Bridge SFY
2025
HEN FCS Bridge Admin 2025 $0.00
HEN FCS Bridge Rent 2025 $0.00
HEN FCS Bridge Ops 2025 $0.00
Inflation
Increase
Inflation Increase 2024 $0.00
Inflation Increase 2025 $0.00
Local DRF
Support
Local DRF Support 2024 $0.00
Local DRF Support 2025 $0.00
EHF Contract #:
EHF
Admin $0.00
Rent $0.00
Facility Support $0.00
Operations $0.00
COML Council Packet 7-23-24, Page 144 of 292
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Mike Jackson, Interim City Manager 18471
Brian Baltzell, Public Works
Director Public Works
7/23/2024 Consent Agenda
Jeffery Jordan Extra Territorial Agreement (ETA) - 2263 Westshore Dr NE
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council to authorize the Interim City Manager to sign an Extra Territorial Agreement for
residential water and sewer services with the property owner of parcel 141704000 at 2263 Westshore Dr NE.
RE ETA.msg 152KB
Jordan-2263 Westshore Dr Extra Territorial Agreement.pdf 112.47KB
Jeffery Jordan requests approval to connect to the City's water and sewer systems to serve a single-family
residence. The property is located outside of the current City limits and is inside the UGA as defined in the most
current Grant County Comprehensive Plan.
The owner will be required to sign an Extra Territorial Agreement (ETA) to connect to City water and sewer. The
ETA must be in place before a permit is issued for connecting to city services. The City currently has multiple
ETA agreements in the immediate area. This property is within 500' of the lake shorelines and connection would
support the reduction of septic system effluent making its way into the lake.
The City will receive water and sewer service fees for the residence long term.
Options and Results
The Interim City Manager is authorized to sign an Extra Territorial Agreement with the property owner.
COML Council Packet 7-23-24, Page 145 of 292
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The proponent would not connect to City utilities and pursue other options to provide water and sewer services
to the property.
COML Council Packet 7-23-24, Page 146 of 292
Allow sender | Block sender
From:jjordan130
To:Jason Grubb
Subject:RE: ETA
Date:Monday, July 1, 2024 7:42:11 AM
Attachments:image001.jpg
Caution! This message was sent from outside your organization.
07/01/2024
I am requesting ETA to have my property at 2263 Westshore Dr Ne Moses Lake Wa 98837connected to Moses lake city sewer and water systems. Thank you Jeff Jordan.
Sent from my T-Mobile 5G Device
-------- Original message --------From: Jason Grubb <jgrubb@cityofml.com>
Date: 7/1/24 7:09 AM (GMT-08:00)To: jjordan130 <jjordan130@aol.com>
Cc: Lori Lopez <llopez@cityofml.com>Subject: RE: ETA
Good Morning Jeff,
For the request to connect would you be more specific. I need the letter to state that you arerequesting to connect to the City’s sewer system and the address you wish to have connected. Typically I recommend that the request include the connection to City water as well. You would notbe required to connect to the water at this time, however, if you wished to connect in the future the
ETA would be in place for this connection. Please let me know if you have any questions.
Thank You,
Jason Grubb
CONSTRUCTION MANAGEMENT PROGRAM MANAGER
City of Moses Lake
321 S Balsam
COML Council Packet 7-23-24, Page 147 of 292
Moses Lake Washington
98837
509-764-3789
509-707-9379 (CELL)
jgrubb@cityofml.com
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be
a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any
claim of confidentiality or privilege asserted by an external party.
From: jjordan130 <jjordan130@aol.com>
Sent: Friday, June 28, 2024 3:01 PM
To: Jason Grubb <jgrubb@cityofml.com>
Subject: ETA
Requesting an ETA for 2263 Westshore Dr Ne Moses Lake. Thanks Jeff Jordan 425 269 4285 Sent from my T-Mobile 5G Device
sophospsmartbannerend
Requesting an ETA for
2263 Westshore Dr Ne Moses Lake.
Thanks Jeff Jordan
425 269 4285
Sent from my T-Mobile 5G Device
COML Council Packet 7-23-24, Page 148 of 292
RECORD AND RETURN TO
Construction Management Program
City of Moses Lake
P. O. Box 1579
Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT
Grantor: Jeffery Jordan
Grantee: The City of Moses Lake, WA
Legal Desc. TRACT 58 STADE ORCHARD TRACTS
Assessor’s Tax Parcel No. 141704000
1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a
municipal corporation of the State of Washington, located entirely within Grant County, Washington,
and Jeffery W Jordan (herein Developer).
2. Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City
limits and adjacent to real property near Moses Lake, Washington.
2,2 Developer desires to receive water and sewer utility service from the City for use upon
Developer's real property located more than one half mile from the corporate limits of the City
and located within the City’s Urban Growth Area (UGA).
2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous
real property which receives water and/or sewer utility services from the City be subject to an
agreement which affects the use of the real property served by the City utilities, restricts
expansion of City utility services beyond those contracted for, and creates a covenant running
with the land.
2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's
successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this
Agreement freely and voluntarily.
3. Agreement: It is agreed by and between the parties as follows:
3.1 The City will provide the water and sewer utility services listed below to Developer at the
premises stated, pursuant to the terms of this Agreement.
3.2 The real property to be serviced is located within the City’s UGA and is described per Grant
County Assessor records as:
TRACT 58 STADE ORCHARD TRACTS
COML Council Packet 7-23-24, Page 149 of 292
3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be
in the nature of a covenant running with the premises. It is the intent of Developer to have this
Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant
running with the land as to the premises.
3.4 All connections to the City water system or to the City sewer system shall comply with the
ordinances and rules of the City with respect to the appropriate utility. Any connection to the
City’s water and/or sewer system is subject to payment for the utility service of a rate
established by the City which shall be subject to adjustment from time to time by the Moses
Lake City Council. The availability of the utility authorized by this Agreement is subject to the
capacity of the City's water system and sewer system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered
within the City’s system. The City makes no warranty as to such water quantity or quality other
than it shall be delivered in accordance with the regulations applicable to city water systems.
3.6 The water service provided by the City is for one service connection to serve a single family
residence.
3.7 The sewer utility service provided by the City is for one service connection to serve a single
family residence.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be
built and attached to the City's utility system shall be built to City standards. The standards
applied by the City may include requiring construction in excess of that minimally required to
connect the premises to City utilities where such additional construction is consistent with a
City plan of service within the area of the premises.
3.9 Developer agrees and covenants that the premises will not be used in any manner or for any
purpose inconsistent with or contrary to the land use controls in place as those controls now
exist or as they may be from time to time altered, amended, or re-adopted. The Developer
acknowledges the premises are subject to development pursuant to regulations administered
by Grant County. The Developer agrees the City may impose development conditions greater
than those imposed by Grant County, but in no event greater than those imposed for similar
development within the City’s limits, as a condition of receiving utility services under this
Agreement. The premises currently are used in a manner consistent with the existing land use
controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the
land uses identified by the Developer for the premises. Developer or the successor holder of
the fee title to the premises shall be bound by this Agreement and be responsible to perform
under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use
agreement shall relieve the Developer or the Developer’s successor in interest from
performing under this Agreement.
To continue this Agreement in effect and to continue a delivery of the identified utilities, any
successor in interest shall execute an acknowledgment of this Agreement, Covenant, and
Power of Attorney in a form approved by the City.
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of
Attorney and subjoined Covenant respecting the annexation of the premises by the City. This
Power of Attorney is executed, as is this Agreement, by Developer with a full understanding
that Developer may be waiving and transferring to the City a valuable right as a landowner as
respects annexation by the City. Developer waives any objection to annexation by the City.
Developer acknowledges Developer has relied solely upon Developer's own legal counsel and
COML Council Packet 7-23-24, Page 150 of 292
fully understands the legal rights Developer is or may be surrendering to the City by the
execution of this Agreement and the subjoined Covenant and Power of Attorney.
3.12 Developer understands the delivery of utility services to these premises so long as they remain
outside the corporate limits of the city, is a discretionary act of the City and the execution of
this Agreement and performance hereunder are not intended and shall not be considered as
an indication by the City of the intention to become a general provider of utility service beyond
the terms of this contract, to these premises or any other lands located outside the corporate
limits of Moses Lake.
3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of
the City, any or all utility service provided under this Agreement by the City are, or may become
subject to, surcharges and/or increased charges in addition to the charges to similar
customers located within the corporate limits.
3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional
charges required by City ordinances to be paid for the utility services mentioned above will in
no way relieve the premises from Developer's share of any future Local Improvement District
or Utility Local Improvement District payments which may be assessed to pay all or a portion
of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe
fittings and all other appurtenances which may be installed to serve a district which includes
the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device
of Developer's fee interest in the premises it will disclose the existence of this Agreement.
3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this
Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30)
days after notice to the Developer of the breach if the breach has not been cured.
3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the
premises become located outside the City’s UGA, this Agreement shall be deemed to have
been terminated as provided for in the provisions dealing with the term of this Agreement. The
period of termination shall begin upon the date the premises become located outside the City’s
UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null
and void if the premises are not connected to the City’s utility system within two (2) years of
the execution of this Agreement. Except there shall be no limitation for residential properties
up to nine (9) lots from the date the commitment is given.
4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this
Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This
Agreement may be terminated by either party giving at least eighteen (18) months written notice of
termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these
entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power
of Attorney shall terminate and be of no further force or effect.
Dated: ____________________________________
By _______________________________________
Jeffery W Jordan
COML Council Packet 7-23-24, Page 151 of 292
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Jeffery W Jordan signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Dated: _______________________________
By __________________________________
Mike Jackson-Interim City Manager
Approved by Council
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Mike Jackson signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of
the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Approved by City Council: _____________________
COML Council Packet 7-23-24, Page 152 of 292
COVENANT RUNNING WITH THE LAND
1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant
running with the land affecting the entire premises described above. Such Covenant shall be
recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall
remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility
Extension Agreement shall terminate said Agreement immediately unless such cancellation,
modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire
and be of no further force or effect upon the annexation of the entire premises described in the
foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake.
2. Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a
covenant running with the land to affect and include the entire described premises. That Covenant
shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility
Extension Agreement above.
Dated: ____________________________________
By _______________________________________
Jeffery W Jordan
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Jeffery W Jordan, signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 7-23-24, Page 153 of 292
POWER OF ATTORNEY
1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake,
Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and
stead for the purposes stated herein.
2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after
having a full understanding of the implications of the execution of this instrument. This Power of
Attorney is also executed after being fully advised by Developer's own counsel as to the power being
conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being
abrogated.
3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of
executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the
process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension
Agreement into the corporate limits of the City of Moses Lake.
4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's
City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite
of continued utility service delivery to the premises under the terms of the Extra Territorial Utility
Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer
shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement
between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked
automatically upon the annexation of the entire premises described in the foregoing Extra Territorial
Utility Extension Agreement into the corporate limits of the City of Moses Lake.
By _______________________________________
Jeffery W Jordan Date
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Jeffery W Jordan, signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 7-23-24, Page 154 of 292
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Mike Jackson, Interim City Manager 18482
Brian Baltzell, Public Works
Director Public Works
7/23/2024 Consent Agenda
Moses Lake Municipal Airport SCIP Adoption
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Approve the Moses Lake Municipal Airport project list for submission to the State Capital Improvement Program
(SCIP).
2024-07-03_MLMA_SCIP_NoRev.pdf 429.64KB
The State Capital Improvement Program (SCIP) lists projects identified for airports that address both individual
airport needs and FAA recommendations/requirements for National Plan of Integrated Airport System non-
primary airports. This list is based on information provided by the airport governing body and is submitted to
Washington State Department of Transportation's (WSDOT) SCIP system during the annual submission window
(July 1 - August 31). Listed projects are then eligible for limited state and federal resources through grant and
loan applications.
The Moses Lake Municipal Airport Commission reviewed this list at their June and July 2024 meetings. At their
July 3rd, 2024, meeting they determined they had no recommended changes. The list being presented for
Council consideration has no changes from the 2023 submission. Council action is required to ratify this list of
projects. If approved, City staff will acknowledge the project list as accurate within the Washington State
Department of Transportation's Airport Information System (AIS).
There are no costs associated with the submission of projects and no financial obligation to complete any of the
listed projects.
Options and Results
COML Council Packet 7-23-24, Page 155 of 292
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
City staff will submit acknowledge the list as accurate in WSDOT's Airport Information System.
Staff will bring back options for recommended changes.
The City will not submit an updated project list.
COML Council Packet 7-23-24, Page 156 of 292
Moses Lake Municipal Airport
Proposed 2025-2030 SCIP Project List
Project SCIP Status NPIAS Status City Airport Year Project Name Project Description Project Justification Phase Name Total Estimated Cost
1 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2025 Pavement Maintenance (Construction)
Provide crack sealing of runways and taxiways. Apply
slurry sealcoat. Requires new pavement markings.
Provide crack sealing of runways and taxiways. Apply
slurry sealcoat. Requires new pavement markings.Construction Phase 150,000$
2 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2025
Increase aircraft parking areas (Design
Only)
Design Services for installation of 20 additional tie-
downs on the west side of airport.
There are not enough tie-down locations to
accommodate demand by transient pilots. This project Design Phase 10,000$
3 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2026
Airport Road Improvements (Design
Only)
Planning and design services for rehabilitation of
Airport Road to include straightening road and
relocation of existing utilities to improve access to
Planning and design services for rehabilitation of Airport
Road to include straightening road and relocation of
existing utilities to improve access to airport.Design Phase 40,000$
4 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Airport Fencing
Finish fencing along south, west, and east property lines
to provide additional airport security as well as demarc
airport boundaries.
Fencing around airport has not been completed causing
a security risk. Construction Phase 150,000$
5 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Taxiway Improvement
Fill in cracks in taxiways and paint runway markings as
needed.
Taxiway crack sealing will prevent base deterioration
and runway markings will improve safety. Construction Phase 250,000$
6 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Turf Runway Conversion
Install irrigation and seed to convert dirt parallel
runway to turn.
Adds optional soft surface landing zone for aircraft with
specialized tires providing for expansion of services to
other aircraft types. Construction Phase 135,000$
7 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2026 Replace Operations Building
Replace the current double wide mobile home
operations building with a permanent structure.
The current structure is deteriorating. After evaluation
it was determined that the building is not worth the cost
of repairs to salvage. Construction Phase 1,500,000$
8 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2028 Sunshade Parking
Proposed project to reduce area currently utilized for
transient parking while installing identified
improvements of turf and a sunshade.
The current transient parking area does not provide any
sort of protection for the aircraft from sun damage.
Updating our parking area to include turf and a
sunshade will ensure aircraft are protected during our
280+ days of sun a year.Construction Phase 1,250,000$
Reviewed/Adopted by Airport Comission 8.3.2023
Reviewed by Airport Commission - No Edits 7.3.2024COML Council Packet 7-23-24, Page 157 of 292
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
18570
Public Works
Consent Agenda
To:
Mike Jackson, Interim City Manager
From
Brian Baltzell, Public Works Director
For Agenda of:
7/23/2024
Subject
East 3rd Avenue Seal Coat Striping Alteration
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Approve striping alterations on East Third Avenue from Date Street to Block Street
Third Ave Striping.pdf 656KB
East Third Avenue is undergoing a pavement preservation chip seal this year. Staff began discussing Average
Daily Traffic Volumes being approximately 2,000 vehicles and opportunities to reconfigure striping to reduce
future maintenance costs and improve safety. East Third Avenue is currently configured with four driving lanes
& parallel parking. Based on recent community input to City Council, there is a desire for more parking
downtown. Staff prepared multiple configurations and is presenting the option with angled parking & 2 driving
lanes for Council consideration. This will allow for more on street parking and create opportunities for
investment to private property currently being underutilized as off-street parking. Crosswalk conflict lengths will
be reduced by 50% and are anticipated to improve safety for business patrons and pedestrians in this area.
N/A
Options and Results
Staff will stake new layout and instruct contractor to reconfigure striping with angled parking and two drive
lanes.
COML Council Packet 7-23-24, Page 158 of 292
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Staff will await further instructions from Council.
COML Council Packet 7-23-24, Page 159 of 292
STOPAHEADSTOPAHEADSECTION 1SECTION 2SECTION 3SECTION 4DATE STTHIRD AVEELDER ST
FIG ST
BLOCK ST
THIRD AVEBROADWAY AVE (S.R.-171)CATHOLIC FAMILY &CHILD SERVICESAL'S GLASS SERVICECAR QUESTDAVE'S COMPUTERS& ACCESSORIESSENIOR CENTERGRACE HARVEST CHURCHCOLUMBIA BEARINGMARK AIRMOTIVEPARK PLAZAPARK PLAZAMOSES LAKE FIRE DEPARTMENTVYVEBROADBANDCOLUMBIANORTHWESTENGINEERINGJERRY'S AUTO SUPPLYPERFORMANCEAUTO SOUNDMOUNTAIN VIEWPOLARIS VERIZONSUNRISE DENTALFABER INDUSTRIAL SUPPLYSPORTY'SKEN THOMPSON DRILLINGATTITUDE ADJUSTMENTMASSAGE
ATTITUDE ADJUSTMENT
MASSAGETOTAL EMPLOYMENT &MANAGEMENTEXISTING PARKINGNORTHSECTION 1SECTION 2SECTION 3SECTION 4SOUTH1096N/A8100N/AEXISTING: FOUR DRIVING LANES (2 SHARROWS) WITH PARALLEL PARKING NORTH AND SOUTHPARK PLAZAPARK PLAZAPIONEER WAYCOML Council Packet 7-23-24, Page 160 of 292
8 SPACES2 SPACES6 SPACES3 SPACES6 SPACES6 SPACES6 SPACES5 SPACES6 SPACESSTOPAHEADSTOPAHEAD1SPACE1SPACE2SPACES1SPACEEXISTING PARKINGNORTHSECTION 1SECTION 2SECTION 3SECTION 4SOUTH1096N/A8100N/APROPOSEDNORTH11 (+1)12 (+3)5 (-1)N/A9 (+1)11 (+1)6 (+6)N/ASOUTHSECTION 1SECTION 2SECTION 3SECTION 4+2+4+5NETPROPOSED: TWO DRIVING LANES (SHARROWS) WITH ANGLE PARKING NORTH AND SOUTH1 SPACEDATE STTHIRD AVEELDER ST
FIG ST
BLOCK ST
THIRD AVEBROADWAY AVE (S.R.-171)CATHOLIC FAMILY &CHILD SERVICESAL'S GLASS SERVICECAR QUESTDAVE'S COMPUTERS& ACCESSORIESSENIOR CENTERGRACE HARVEST CHURCHCOLUMBIA BEARINGMARK AIRMOTIVEPARK PLAZAPARK PLAZAMOSES LAKE FIRE DEPARTMENTVYVEBROADBANDCOLUMBIANORTHWESTENGINEERINGJERRY'S AUTO SUPPLYPERFORMANCEAUTO SOUNDMOUNTAIN VIEWPOLARIS VERIZONSUNRISE DENTALFABER INDUSTRIAL SUPPLYSPORTY'SKEN THOMPSON DRILLINGATTITUDE ADJUSTMENTMASSAGE
ATTITUDE ADJUSTMENT
MASSAGETOTAL EMPLOYMENT &MANAGEMENTPARK PLAZAPARK PLAZAPIONEER WAYTOTAL +11COML Council Packet 7-23-24, Page 161 of 292
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Mike Jackson, Interim City Manager 18514
Brian Baltzell, Public Works
Director Public Works
7/23/2024 Consent Agenda
GC2021-055 Comprehensive Wastewater System Plan Amendment 9
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
5,200.00$0.00$5,200.00$
Staff recommends City Council motion to approve execution of the contact amendment number 9 with Keller
Associates, Inc to complete the requested executive summary and meeting attendance.
GC2021-055 Wastewater Amendment 9.pdf 196.02KB
Moses Lake GSP, KA Owner Amendment No. 9.pdf 203.48KB
At the June 25, 2024, City Council meeting the 2024 Sewer General Plan was presented for adoption by
Council. Council requested an Executive Summary be provided for the full 700+ page plan including how the
plan will help with concurrency implementation, explain how the suggested rate increases were determined, and
summarize key takeaways. It was also mentioned that having the consultant attend another council meeting to
answer further questions might be beneficial.
Staff felt that the consultants who worked to create the Plan are truly the subject matter experts and are best
equipped to complete the Executive Summary - ensuring the data, summarized highlights, and analyses
provided are complete and accurately reflect the work done.
Staff contacted Keller Associates, Inc. to see if there was room in the scope and budget remaining for the
project to include the Executive Summary and were notified that a scope change and amendment are required.
The amount of this contract amendment is $5,200.
The requested amendment was taken to Finance Committee on July 9, 2024, and was approved to be brought
forward to full Council for consideration of additional fund allocation.
COML Council Packet 7-23-24, Page 162 of 292
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
Staff will execute contract amendment number 9 with Keller Associates, Inc.
Staff will bring back options for recommended changes.
The requested document and meeting support would not be available from our consultant.
COML Council Packet 7-23-24, Page 163 of 292
Budget Adjustment Request
Type of Adjustment
Fund Department
Project/Grant Number
Revenue
Fund Dept Object Detail Project/Grant Amount
Expenditures
Fund Dept Object Detail Project/Grant Amount
Revenue Subtotal
Expenditures Subtotal
Use of Fund Balance
Explanation
At the June 25th, 2024, City Council meeting the 2024 Sewer General Plan was presented for adoption by council.
Council requested an Executive Summary be provided for the full 700+ page plan including how the plan will help with
concurrency implementation, explain how the suggested rate increases were determined, and summarize key takeaways.
It was also mentioned that having the consultant attend another council meeting to answer further questions might be
beneficial.
Staff felt that the consultants who worked to create the plan are truly the subject matter experts and are best equipped to
complete the executive summary - ensuring the data, summarized highlights, and analyses provided are complete and
accurately reflect the work done.
Staff contacted Keller Associates, Inc. to see if there was room in the scope and budget remaining for the project to
include the executive summary and were notified that a scope change and amendment are required. The amount of this
contract amendment is $5,200.
Amendment Transfer
477 - Water Sewer Construction 477 - Water Sewer Construction
GC2021-055 Comprehensive Wastewater System Plan
Budget Adjustment Details
0
###
0
###
0
3####
0
####
0.00$
477
###
477
###
59434
5####
0654
####
5,200.00$
0.00$
5,200.00$
-5,200.00$
COML Council Packet 7-23-24, Page 164 of 292
Project Budget Sheet/Other Supporting Document
Submitter Name
Submitter Signature
Submitter Email
Submittal Date
Moses Lake GSP, KA Owner Amendment No. 9.pdf 203.48KB
Leigh Ramsey
Please type your first and last name in the space above. Your typed first and last name will serve as your signature. Your signature signifies your
acknowledgement of and agreement with the content of this form.
lramsey@cityofml.com
7/9/2024
COML Council Packet 7-23-24, Page 165 of 292
222036 AMENDMENT v2018.05.12 Page 1 of 3
AMENDMENT TO OWNER-CONSULTANT AGREEMENT
Amendment No. 9
Background Data:
Effective Date of Owner-Consultant Agreement: February 11, 2022
Effective Date of this Amendment: July 9, 2024
Owner: City of Moses Lake
Consultant: Keller Associates, Inc.
Project: Comprehensive Wastewater System Plan
KA # 222036
Nature of Amendment:
The City Council chose to delay adoption of the General Sewer Plan at their June 25th, 2024 council meeting and
have requested that additional information be developed by the Consultant. The following was requested:
• Develop an executive summary for the General Sewer Plan. In addition to items typically included in an
Executive Summary, address how the plan will help with concurrency, explain how the rate increases were
determined, and summarize key takeaways for the City to focus on.
• Consultant to have a representative attend another council meeting to address additional questions by the
city council.
This amendment will add these additional services.
Description of Modifications:
ADD the following scope of services to the Consultant’s work:
TASK 7: PLAN DOCUMENTATION & APPROVALS
7.6 GSP Executive Summary. Prepare an executive summary for the completed General Sewer Plan and address items
listed in first bullet above.
7.7 City Council Meeting. Consultant to have up to two representatives attend a council meeting in July or August 2024
and answer various questions prior to the City Council adopting the GSP.
Deliverables
• Updated Final General Sewer Plan, electronic PDF format
COML Council Packet 7-23-24, Page 166 of 292
222036 AMENDMENT v2018.05.12 Page 2 of 3
Compensation Summary:
Task
Billing
Basis
Original
Agreement
Previous
Amendments*
This
Amendment Total
Task 1 – Project Management LS $7,500 $0 $0 $7,500
Task 2 – Data Acquisition LS $5,500 $800 $0 $6,300
Task 3 – Project Planning LS $12,800 $6,200 $0 $19,000
Task 4 – Existing Facilities
Evaluation LS $12,600 $42,300 $0 $54,900
Task 5 – Collection System
Alternatives Considered and
Selection
LS $23,100 $0 $0 $23,100
Task 6 – Proposed Projects
(Recommended Alternatives) LS $34,200 $11,800 $0 $46,000
Task 7 – Plan Documentation LS $12,900 $6,900 $5,200 $25,000
Task 8 – Industrial WWTP
Evaluation LS $0 $27,400 $0 $27,400
Total $108,600 $95,400 $5,200 $209,200
* Only includes amendments directly related to the Sewer Plan (1 and 4). Does not include Amendments #2, 3, and 5 (COF design project) nor
Amendment #6 (Hydraulic Modeling on-call).
Schedule:
All new services described in this amendment are anticipated to be completed in July 2024, but no later than
August 2024.
COML Council Packet 7-23-24, Page 167 of 292
222036 AMENDMENT v2018.05.12 Page 3 of 3
All provisions of the Agreement not modified by this or previous amendments remain in effect. In witness thereof,
the parties hereto have executed or caused to be executed by their duly authorized officials this Amendment to
the Agreement on the respective dates indicated below.
OWNER: CITY OF MOSES LAKE CONSULTANT: KELLER ASSOCIATES, INC.
Signature: Signature:
Name: Richard Law Name: Stillman Norton
Title: City Engineer Title: Principal
Address: 733 5th Street, Suite A
Clarkston, WA 99403
Signature: Telephone: (509) 295-6095
Name: Kevin Fuhr Date: 7/08/2024
Title: City Manager
Signature:
APPROVED AS TO FORM:
Name: Katherine L. Kenison
Title: City Attorney
Date:
COML Council Packet 7-23-24, Page 168 of 292
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 18580
Brian Baltzell, Director Public Works
7/23/2024 Consent Agenda
Accept Improvements Grant County Mosquito Control District Flight Operations
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council to accept improvements.
Sheet C3.0 Site Plan.tif 776.4KB
GC Mosquito District Flight Ops Resolution.docx 18.95KB
The project included installing approximately 234 feet of new 8” PVC water main, two (2) gate valves and one
(1) sanitary sewer manhole. Two (2) gate valves were also installed along the existing water mains to control the
two private fire hydrants that were installed on the property.
The City will assume responsibility for the maintenance and operation of the improvements.
Options and Results
Improvements will be accepted and new water and sanitary sewer mains will be put in service.
Staff will bring back options for recommended changes.
Improvements will not be accepted new water and sanitary sewer mains will not be put in service.
COML Council Packet 7-23-24, Page 169 of 292
COML Council Packet 7-23-24, Page 170 of 292
RESOLUTION NO. 3986
A RESOLUTION ACCEPTING UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF THE GRANT COUNTY MOSQUITO CONTROL DISTRICT FLIGHT OPERATIONS PROJECT Recitals:
1. Utility improvements, lying in dedicated right-of-way or easements, are in place and
connected to the City of Moses Lake’s utility systems as part of Grant County
Mosquito Control District Flight Operations project. The project included installing approximately 234 feet of new 8” PVC water main, two (2) gate valves and one (1)
sanitary sewer manhole. Two (2) gate valves were also installed along the existing water mains to control the two private fire hydrants that were installed on the property. 2. Said utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in July 2024.
3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the
facilities are built to city standards.
4. A Maintenance Bond shall be maintained by the developer for a two-year maintenance
period, which commences July 23, 2024, resolution date.
Resolved:
1. The City Council of the City of Moses Lake accepts the utility improvements as
facilities of the City of Moses Lake and as such will charge for use of facilities as
authorized by ordinance.
2. After July 23, 2024, all operational costs of said utility improvements shall be borne
by the City of Moses Lake as provided by city ordinance.
3. Subject to final inspection, after July 23, 2026, all further maintenance and
operational costs of said street and utility improvements shall be borne by the City of
Moses Lake, as provided by city ordinance.
ACCEPTED by the City Council on July 23, 2024. ______________________________ Dustin Swartz, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk
COML Council Packet 7-23-24, Page 171 of 292
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mayor and City Council 18601
Mike Jackson, Interim City
Manager Administration
7/23/2024 Old Business
NCW Opioid Abatement Council Contract
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
52,446.98$0.00$52,446.98$
Staff recommends City Council motion to authorize the Interim City Manager to execute the contract between
Carelon Behavioral Health, the City of Moses Lake and other members of the North Central Washington Opioid
Abatement Council.
NCW Opioid Carelon Contract final (2).docx 2.2MB
COML Council Packet 7-23-24, Page 172 of 292
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Under both the 2021 and 2022 National Settlements, at least 85% of the funds going directly to participating
states and subdivisions must be used for abatement of the opioid epidemic, with the overwhelming bulk of the
proceeds restricted to funding future abatement efforts by state and local governments.
The settlement documents for the 2021 and 2022 National Settlements outline the harm caused by entities
within the pharmaceutical supply chain who manufacture, distribute, and dispense prescription opioids as well
as hold them accountable for the damage they have caused to communities across the country.
The Entity consists of “participating local governments” that have signed onto the One Washington
Memorandum of Understanding between Washington Municipalities (One WAMOU), which allocates the
settlement funds to participating local governments in the State of Washington. The One WA MOU also requires
the establishment of Opioid Abatement Councils. The Entity established, through interlocal agreement dated
June 22, 2023, the North Central Washington Opioid Abatement Council (NCWOAC).
Council previously agreed to the One Washington Memorandum of Understanding (MOU) on April 21, 2022.
The MOU designated nine regions for allocation of the opioid settlement funds to Washington State and
stipulated that each region would have its own Regional Agreement to govern the allocation, management, and
distribution within each allocation region. This choice was selected due to extreme costs of complex litigation
had the city chose to retain its right to file its own claim.
Council approved the Abatement Interlocal Agreement on April 25, 2023, after receiving its first funding
allocation. Moses Lake has been grouped with six other entities: the counties of Chelan, Douglas, Grant, and
Okanogan, and the cities of Wenatchee and East Wenatchee.
The final agreement being presented for approval was shared with Council after the last meeting on July 9. The
agreement with Carelon is for a 5- year term (July 1,2024-June 30,2029) with the first task being to establish a
process to oversee the Opioid Fund Distribution within the first six months of the contract, and then carry out the
remaining tasks described in the One Washington MOU.
The receipts as of March 2024 when the NCW Opioid Abatement Council contacted the City regarding entering
a contract with Carelon Behavioral Health to administer the funds were $147,779.90 or $29,555.98 annually
over the five-year contract term. This amount has now grown to $262,234.90 in the Opioid Abatement Fund as
additional lawsuits have been settled and equates to $52,446.98 annually over the 5-year contract term. The
amount will be updated annually to reflect additional settlement amounts received. This expenditure was not
budgeted for 2024 and will require a budget amendment prior to year-end. 10% of the annual amount will be
paid to Carelon Behavioral Health to administer the management, distribution and reporting of opioid settlement
funds.
Per the contract, the Council will have the opportunity to determine how the funds are spent at a later date which
could be all or partially done locally, or if there are opportunities for regional programs that can be accomplished
within the expenditure parameters.
Options and Results
Staff will execute the agreement as presented.
Staff will bring back options for recommended changes.
Staff will wait for further direction from Council.
COML Council Packet 7-23-24, Page 173 of 292
1
CONTRACT
between
CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY, THE CITY OF WENATCHEE, THE CITY OF EAST WENATCHEE AND THE CITY OF MOSES LAKE
and
CARELON BEHAVIORAL HEALTH, INC.
200 State Street, Suite 302, Boston, MA 02109-2672 Program: Opioid Distributors Settlement Fund Administration
Contract Term: July 1, 2024 – June 30, 2029
Total Contract Amount: $2,041,598.17 Contract Period: July 1, 2024 – June 30, 2025
Period Amount: $408,319.64
Funding Source: National Opioid Class Action Settlements
CONTRACTOR CONTACT ENTITY PROGRAM CONTACT ENTITY FISCAL CONTACT
Tiffany Villines 360.584.3114
Tiffany.Villines@carelon.com
Kevin Overbay 509.667.6218 Kevin.Overbay@co.chelan.wa.us
Nicole Thompson 509.667.6686 NicoleC.Thompson@co.chelan.wa.us
By signing below, CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY, THE CITY OF WENATCHEE, THE CITY OF EAST
WENATCHEE AND THE CITY OF MOSES LAKE hereinafter referred to collectively as
the “Entity,” and Carelon Behavioral Health, Inc., hereinafter referred to as the “Contractor,” agree to the terms of this Contract and agree to comply with all applicable local, State and Federal laws, rules and regulations.
COML Council Packet 7-23-24, Page 174 of 292
2
FOR CHELAN COUNTY FOR CONTRACTOR:
_________________________________ ______________________________
Kevin Overbay, Chair Glenn MacFarlane, President
Chelan County Commission Carelon Behavioral Health, Inc.
APPROVED AS TO FORM FOR THE CITY OF WENATCHEE
_________________________________ _____________________________ Robert W. Sealby, Prosecuting Attorney Laura Gloria, City Administrator
FOR DOUGLAS COUNTY
_______________________________ Dan Sutton, Chair Douglas County Commission
APPROVED AS TO FORM ______________________________ Gordon Edgar, Prosecuting Attorney
FOR GRANT COUNTY _______________________________ Cindy Carter, Chair
Grant County Commission APPROVED AS TO FORM ______________________________
Kevin J. McCrae, Prosecuting Attorney FOR OKANOGAN COUNTY _______________________________
Jon Neal, Chair Okanogan County Commission APPROVED AS TO FORM
______________________________ Esther Milner, Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM
___________________________ Danielle R. Marchant, City Attorney
FOR THE CITY OF EAST WENATCHEE _______________________________ Jerrilea Crawford, Mayor
APPROVED AS TO FORM ______________________________ Sean Lewis, Assistant City Attorney
FOR THE CITY OF MOSES LAKE _______________________________
Mike Jackson, Interim City Manager APPROVED AS TO FORM
______________________________ Katherine Kenison, City Attorney
COML Council Packet 7-23-24, Page 175 of 292
2
STATEMENT OF WORK CONTRACT CARELON BEHAVIORAL HEALTH, INC.
1. PROGRAM DESCRIPTION 1.1. In 2021, nationwide settlements were reached to resolve all opioids litigation brought by
states and local political subdivisions against the three largest pharmaceutical distributors,
McKesson, Cardinal Health, and AmerisourceBergen and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson. These National Settlements have been finalized, and payments have already begun. In late 2022, agreements were announced with three pharmacy chains—CVS, Walgreens,
and Walmart—and two additional manufacturers—Allergan and Teva. In January 2023, each of those pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements to move forward. The 2022 National Settlements have now all been finalized. Further litigation against opioid pharmaceutical supply chain
participants may occur and the parties hereto understand that any future settlements or
awards will likely be managed the same way as previous settlements, i.e., subject to the same agreements currently pertaining to the member jurisdictions/ the Entity and this Contract.
Under both the 2021 and 2022 National Settlements, at least 85% of the funds going directly to participating states and subdivisions must be used for abatement of the opioid epidemic, with the overwhelming bulk of the proceeds restricted to funding future abatement efforts by state and local governments. The settlement documents for the 2021
and 2022 National Settlements outline the harm caused by entities within the
pharmaceutical supply chain who manufacture, distribute, and dispense prescription opioids as well as hold them accountable for the damage they have caused to communities across the country.
The Entity consists of “participating local governments” that have signed onto the One
Washington Memorandum of Understanding between Washington Municipalities (One WA MOU), which allocates the settlement funds to participating local governments in the State of Washington. The One WA MOU also requires the establishment of Opioid Abatement Councils. The Entity established, through interlocal agreement dated June 22,
2023, the North Central Washington Opioid Abatement Council (NCWOAC).
1.2. The Entity is contracting with Contractor to develop contracts within the prescribed allocation region of North Central Washington. The contracts will focus on area specific Entity priorities regarding the, management, distribution, and reporting of opioid settlement funds. The funding source for this Contract is the Opioid Funds (as that term
is defined in the One WA MOU). 1.3. The Entity appoints the Chelan County Board of Commissioners to act on its behalf as the fiscal agent for the purposes of this Contract. The other participating local governments
COML Council Packet 7-23-24, Page 176 of 292
3
within the Entity shall timely remit their portion of the Opioid Funds to Chelan County for the purposes of compensating Contractor for carrying out the terms of this Contract on behalf of the Entity for the scope of work as directed by the NCWOAC. If a participating
local government within the Entity fails to remit its portion of the Opioid Funds to the fiscal agent, then the fiscal agent is only obligated to compensate Contractor for those participating local governments of the Entity who have remitted their respective portion of the Opioid Funds. The Fiscal agent will not enforce outstanding fund balances. Contractor bears the responsibility of enforcement of outstanding local government fund balance
commitment. 2. PROGRAM ELIGIBILITY
People who benefit from this program must reside within the Counties of Chelan, Douglas, Grant or
Okanogan, including any cities or towns located therein. The focus shall be on serving the jurisdictions
these funds cover.
3. PROGRAM REQUIREMENTS
3.1. The One Washington Memorandum of Understanding between Washington Municipalities (One WA MOU) is attached hereto as Exhibit A, and incorporated herein by this reference. 3.2. Contractor shall establish a written process to oversee the Opioid Fund distribution,
expenditures and dispute resolution for the Entity. The process shall include a written
narrative outlining the reporting mechanisms to include dashboard layout, the methodology for obtaining proposals, as well as the policy and procedures for the handling complaints. The written process must be provided to the Entity within 60 days of the last party signing this Contract.
3.3. The Entity, through the NCWOAC, will establish priorities based upon allowable strategies outlined in the One WA MOU, and the 2021 and 2022 National Settlements. Contractor shall honor the priorities established by the Entity. The initial priorities, which are not exclusive, are attached as Exhibit D which is attached hereto and incorporated herein by
this reference.
3.4. Contractor shall develop and maintain a centralized dashboard that meets the requirements of the One WA MOU to make public all decisions on opioid fund allocations, distributions, and expenditures by the NCWOAC and provide data and reports requested by the state, the Entity and other local jurisdictions interested in working with Contractor. The centralized
dashboard must be accessible to the public no later 60 days after Contract execution. Contractor shall update the centralized dashboard at least bi-annually. 3.5. Contractor shall develop and implement a methodology acceptable to NCWOAC for obtaining and awarding proposals through a competitive solicitation process for the use of
Opioid Funds. NCWOAC will develop a process to ensure community-based input on strategies for opioid funded programs and services. Based on the results of a competitive
COML Council Packet 7-23-24, Page 177 of 292
4
solicitation, NCWOAC will provide Contractor with priority strategies. Contractor shall establish and monitor contracts with providers in support of priority strategies provided by NCWOAC.
3.6. Contractor shall provide to NCWOAC an annual accounting of costs and retain supporting documentation for no less than six years from the termination date of this Contract. The Contractor must make publicly available through the centralized dashboard all decisions on allocation applications, distributions and expenditures by the NCWOAC.
3.7. Contractor must have a written policy/process for hearing complaints by any participating local government within the Entity regarding alleged failure to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements required by the One WA MOU. Contractor shall provide NCWOAC with the written policy/process within 30 days
of the last party signing this Contract.
4. PROGRAM REPORTING AND MONITORING
Contractor shall provide a quarterly written report to NCWOAC summarizing the activity of provider’s contracts as well as the progress achieved towards the established outcomes in each provider contract established through the competitive solicitation process. The quarterly report is due on the 15th of
October, January, April, and July of each year.
5. PROGRAM OUTCOMES
Contractor shall develop written measurable program outcomes that are acceptable to NCWOAC. The
program outcomes must address the selected priorities established by the NCWOAC. Contractor shall provide the written measurable program outcomes to NCWOAC no later than 90 days after contract execution.
6. PAYMENT PROVISIONS 6.1. Annual funding amounts for each calendar year of the Contract shall be communicated to Contractor in writing by the 31st day of December of the preceding year, and are contingent upon each local participating government within the Entity receiving its allocated Opioid
Funds required by the One WA MOU. A contract year runs from July 1st to June 30th. Refer to Exhibit G Entity Funding Summary 6.1.1. The funding for the first calendar year of his Contract shall not exceed funds
received from National Opioid Class Action Settlement allocation. Refer to section
33.1.2.
6.1.2. Unused funds from one contract year may be carried over into the next contract
year with authorization from impacted entity member.
COML Council Packet 7-23-24, Page 178 of 292
5
6.2. Contractor shall manage program costs so that reimbursement requests do not exceed approved funding for each contract year.
6.3. Contractor shall be paid annually, the allowable administrative rate of ten percent (10%)
of the annual program costs listed in the Budget Summary.
6.4. The Entity, through a request to the fiscal agent, may withhold payment to the Contractor
if deliverable and reporting requirements are not met.
7. CONTRACT PERIOD The initial term of this contract is five (5) years from the date of execution. The Entity may extend this
contract upon written agreement of both parties.
8. CONTRACT KICKOFF AND TECHNICAL ASSISTANCE If requested by the Entity, Contractor shall attend a contract kickoff meeting with the Entity to review
roles, responsibilities, requirements, and deliverables associated with this Contract.
COML Council Packet 7-23-24, Page 179 of 292
6
DELIVERABLES SUMMARY CONTRACT #2023-OPIOID-01 CARELON BEHAVIORAL HEALTH, INC.
DELIVERABLE REFERENCE DUE DATE
Proof of insurance General T&C §26
Special T&C §3
At contract execution and
annually thereafter
Dashboard SOW §3 Within 60 days of Contract execution
Methodology for obtaining proposals SOW §3 Within 60 days of
Contract execution
Policy/Process for hearing complaints SOW §3 Within 60 days the last party signing this
Contract
Quarterly reports SOW §4 15th day of the month in October, January, April,
and July
Develop outcomes SOW §5 Within 90 days of Contract Execution
Financial Statements with supporting documentation General T&C §33SOW §5
15th day of the month in October, January, April, and July
Fiscal requirements General T&C §22 Various
1. The above table is provided for demonstrative purposes only. It is not intended to change or amend any
term written within the Contract. There may be additional deliverables in this Contract which are not reflected in the above table. 2. If there is a conflict between what appears in the above table summary and what is listed elsewhere in
the Contract, the terms and conditions elsewhere in the Contract shall apply.
COML Council Packet 7-23-24, Page 180 of 292
7
SPECIAL TERMS AND CONDITIONS LOCAL FUNDS 1. DOCUMENTS INCORPORATED BY REFERENCE Each of the documents listed below, as now established or hereafter amended, are incorporated by reference with the same force and effect as if they were incorporated in full text.
1.1. The One Washington Memorandum of Understanding between Washington Municipalities, attached as Exhibit A. 1.2. Opioid Abatement Strategies, attached as Exhibit B.
1.3. Funding Allocation, attached as Exhibit C. 1.4. Entity Priorities Governing the Allocation of Funds, attached as Exhibit D.
1.5. Interlocal agreement establishing North Central Washington Opioid Abatement Council, attached as Exhibit E.
1.6. NCWOAC Member Proposal/Budget Summary Sheet, attached as Exhibit F
1.7. Entity Funding Summary, attached as Exhibit G
2. DRUG FREE WORKPLACE The Contractor shall have a “Drug Free Workplace” Policy that describes the steps taken to deter the use
of drugs, including alcohol, in the workplace and that addresses the Drug-Free Workplace Act of 1988.
The policy should include any provisions for education, scope of prohibited substances, testing, employee assistance, discipline, and employee responsibilities. A copy of this policy will be provided to the Entity within 60 days of the signing of this Contract. Individual providers shall be required to sign a “Drug Free Workplace” certification on a form provided by the County.
3. INSURANCE
The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the Contractor’s own services including the work of the Contractor's agents, representatives, employees, subconsultants
or subcontractors. Before beginning its services described in this Contract, Contractor shall provide the
Entity evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits
(at a minimum):
1.4. Workers’ Compensation Insurance in accordance with Washington State statutes; 3.2 Professional Liability Insurance in the minimum amount of $5 million dollars;
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3.3. Sexual Misconduct Insurance in the minimum amount of $5 million dollars; and
3.4 Fidelity Insurance in the minimum amount of $1 million dollars.
Under this Contract, Contractor’s insurance shall be considered primary in the event of a loss, damage
or suit. Contractor shall request from its insurer a modification of the ACORD certificate to include
language that prior written notification will be given to the Entity at least 30 days in advance of any
cancellation, suspension or material change in the Contractor’s coverage.
4. TERMINATION
4.1. The award or continuation of this Contract is dependent upon the availability of future funding. The Entity’s payment obligations are payable only and solely from funds both appropriated and otherwise legally available for this Contract. 4.1.1. The absence of initial appropriated or other lawfully-available funds shall render
the Contract null and void to the extent funds are not appropriated or available. 4.1.2. If the funds upon which the Entity relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the Entity may immediately terminate this Contract in whole or in part by
providing notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 4.2. The Entity and Contractor shall have the right to terminate this Contract, in whole or in part, with or without cause, by providing no fewer than thirty (30) calendar-days written notice.
Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to this Contract, with such exceptions, if any, specified in the notice of termination. The Entity shall pay the Contractor, to the extent of funds appropriated or otherwise legally available for such purpose, for all goods delivered, services performed, and obligations
incurred prior to the date of termination in accordance with the terms hereof.
4.3. Upon termination of this Contract, any unexpended balance of Contract funds will remain with the Entity. If termination occurs for cause, the Contractor shall immediately, and without notice of presentment, return to the Entity all funds that were expended in violation
of the terms of this Contract.
4.4. Any notice required to be given pursuant to the terms of this section shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, or by hand delivery, to the receiving party at the address listed on the signature page, or at any
other address of which a party has given notice. Notice shall be deemed given, if by mail, three days after mailing; or if by personal service, on the date of delivery. 4.5 For Entity to terminate this Contract, in whole or in part, each party that makes up the Entity as stated in the introduction of the Contract, must agree to terminate the Contract, in whole
or in part.
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GENERAL TERMS AND CONDITIONS
These GENERAL TERMS AND CONDITIONS shall apply to this Contract.
The “Contractor” referenced throughout this document is identified in each Contract executed by the Entity. “Contract” means the associated contract, as amended, which incorporates these General Terms and Conditions.
To satisfy federal and state grant requirements, the “Contractor” is also referred to as “lower tier Grantee” in this document. 1. ACCESS, MONITORING, AND INSPECTIONS
1.1. Contractor agrees to cooperate and participate in the Entity’s monitoring and evaluation process. The Contractor shall furnish documents, reports, statements, records, data, and other information to county, state, federal, or other funding agencies at such times and on such forms as are specified by the Entity. This may include agreements the Contractor has
with other entities. 1.2. Contractor grants the Entity the right of access to examine or transcribe any records, books, financial statements, papers, and documents relating to this Contract. The Contractor’s
records, books, financial statements, papers, and documents, with respect to all matters,
shall be subject at all times to inspection, review or audit by the Entity, including any individual party that makes up the Entity, or by federal or state officials during the performance of the Contract with the Entity and during the period of document retention.
1.3. Unless prohibited by law, the Contractor shall allow the Entity to physically inspect, on
demand, any and all work being performed under this Contract. The Entity shall be granted such access to current work sites without providing advance notice to the Contractor. Upon request by the Entity, the Contractor shall provide the Entity with a written schedule of its upcoming work dates, locations, and services to be performed under this Contract.
1.4. The Entity, at its sole discretion, shall be free to take any action it deems necessary to ensure the quality of work or services being performed by the Contractor and to ensure compliance with all state and federal regulations, health and safety codes, and/or grant requirements.
2. AMERICANS WITH DISABILITIES ACT Contractor shall comply with federal, state and local non-discrimination laws relating to disabilities, including, but not limited to, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq)
and 28 C.F.R. Part 35, which provide comprehensive protection to individuals with disabilities. 3. ANTI-LOBBYING 3.1. By signing this Contract, the Contractor certifies that, to the best of its knowledge and belief,
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no federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of
a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
3.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with a federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions. 3.3. If applicable, Contractor shall require that the language of paragraphs 1 and 2 of this section and paragraph 35 of the Contract be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 3.4. No funds from the State of Washington shall be used for supporting or opposing ballot measures or the candidacy of any person for public office.
4. APPLICABILITY OF LAW 4.1. This Contract is and shall be construed as being executed and delivered within the State of
Washington and it is mutually agreed by the Contractor and the Entity that all contracts and
contract modifications between the Contractor and the Entity shall be governed by laws of the State of Washington as to both interpretation and performance. 4.2. Venue shall be Chelan County, Washington.
5. ASSIGNMENT AND SUBCONTRACTING 5.1. The Contractor shall not assign, delegate, or subcontract for any work required in this
Contract without the prior written consent of the Entity. However, Contractor shall be
permitted to assign this Contract to an “Affiliate” of Contractor or of Elevance Health, Inc. without the written consent of Entity. “Affiliate” means any corporation, partnership or other legal entity, directly or indirectly owned or controlled by Elevance Health Inc., or which owns or controls, or which is under common ownership or control, with Contractor.
5.2. Contractor and Entity agree that Contractor may use subcontractors, including but not limited to Affiliates, to perform under this Agreement subject to Contractor retaining full liability and responsibility for its subcontractors to the same extent as if Contractor performed directly. Any and all subcontractors must execute this agreement and shall be
liable to the same extent as Carelon.
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5.3. Any assignment or subcontract between Contractor and any assignee or subcontractor shall be in writing and available, upon request, to the Entity.
6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
6.1. By signing this Contract, the Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded (Excluded Person) from participating in any federally funded program by any federal department or agency, and that no owner, director, officer, or partner with an ownership or control interest in the Contractor is an Excluded Person. In addition, Contractor certifies that no employee or
subcontractor of Contractor who will perform work directly or indirectly under this Contract is an Excluded Person. 6.2. This certification is required by the regulations set forth in Title 2 C.F.R. Part 180. The
terms “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, and voluntarily excluded,” as used in this clause, have the meanings set out in Title 2 C.F.R. Part 180.
6.3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion –
Lower Tier Covered Transaction [this section is required, without modification, by County granting agencies]. LOWER TIER COVERED TRANSACTIONS
a) The lower tier Grantee certifies, by signing this Contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Contract, such Grantee shall attach an explanation to this Contract. 6.4. Before entering into a “covered transaction” with another party at the next lower tier, the
Contractor agrees that by signing this Contract that it shall first verify that the person or
party with whom it intends to do business is not an Excluded Person, as that term is used in Section 6.1. The Contractor may do this by: 6.4.1. Checking the Federal Excluded Parties List System at www.sam.gov; or
6.4.2. Collecting a certification from the person or party; or 6.4.3. Adding a clause or condition to the covered transaction with that person or party that fully meets the requirements set out in Title 2 C.F.R. Part 180.
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6.5. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person or party who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Contractor
further agrees that it will fully comply with all requirements established in Title 2 C.F.R. Part 180, including its obligation to pass the requirement to comply with Title 2 C.F.R. Part 180 to each person or entity with whom the Contractor enters into a covered transaction at the next lower level.
6.6. The certifications in this Section 6 are a material representation of fact upon which reliance is placed at the time of Contract execution and at the time of any subsequent modification(s). If it is at any time determined that the Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment. 6.7. Before hiring any new employee, the Contractor shall conduct a search of the Federal Excluded Parties List System referenced above to ensure that the individual is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency. The search must be conducted by the Contractor prior to making an employment offer. Evidence of search results must be maintained in the employee’s personnel file.
6.8. The Contractor shall maintain written documentation of its compliance with the above-
stated requirements and make said documentation available to Entity for review upon request.
7. CLAIMS OR DAMAGES
The Entity, the Washington State Department of Commerce, the Washington State Department of Social and Health Services, the State of Washington, and federal granting agencies are not liable for claims or damages, directly or indirectly, arising from the Contractor’s performance of this
Contract.
8. CLOSE-OUT
8.1. Upon receipt of an approved Contractor invoice, Chelan County, as the Entity’s fiscal agent,
will process payment to the Contractor for allowable costs or earned payments that are due prior to the date of expiration or termination. 8.2. Within thirty (30) days after the date of expiration of a contract, the Contractor shall submit
all financial, performance, and other reports required by each contract.
8.3. If requested by the Entity, the Contractor shall cooperate in a program audit by the Entity or its designee.
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9. CONFIDENTIALITY AND PRIVACY 9.1. If Contractor encounters protected health information while performing services under this
Contract, the Contractor shall have internal policies and procedures related to the privacy and the security of protected health information in compliance with state and federal guidelines. By signing this Contract, the Contractor certifies that it is compliant with the applicable provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, codified in 42 USC 1320(d) et seq. and 45 CFR parts 160, 162 and 164; the Health
Information Technology for Economic and Clinical Health Act (HITECH Act or "the Act") part of the American Recovery and Reinvestment Act of 2009 (ARRA); the Omnibus Rule that modifies the HIPAA and HITECH Act, 42 CFR Part 2; and all applicable state (e.g. RCW 70.02) and federal privacy regulations.
9.2. If Contractor encounters protected health information while performing services under this Contract, Contractor further certifies that it has on file a signed Statement of Confidentiality for all staff, subcontractors, or volunteers who have access to confidential client information.
9.3. If requested by the Entity, Contractor shall provide the Entity with copies of the signed Statement of Confidentiality documents referenced in this section. 9.4. If requested by the Entity, Contractor shall provide the Entity with an annual
Confidentiality Certification in a format acceptable to the Entity before January 15th of each year. 9.5. Unless waived by the Entity in writing, if Contractor encounters protected health information while performing services under this Contract, then Contractor must sign a
“Business Associate Agreement and Qualified Service Organization Agreement” with the Entity. 9.6. Personal information collected, used, or acquired in connection with the services provided under this Contract shall be used solely for the purpose of this Contract. The Contractor
agrees not to release, divulge, publish, transfer, sell, or otherwise disclose to unauthorized persons any confidential or personal information that is not directly connected with the performance of the services contemplated in this Contract, except with written consent of the person or legal representative of the person who is the subject of the personal information. The written consent must state which personal information may be shared and
to whom the personal information will be shared. 9.7. Personal and confidential information includes, but is not limited to, information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number or other
identifying numbers, and information in the possession of the Contractor that may not be disclosed under state or federal law. 9.8. The Contractor shall protect and maintain all personal and confidential information against unauthorized use, access, disclosure, modification, or loss and in accordance with state and
federal law regarding confidentiality. This duty requires the Contractor to employ
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reasonable security measures, which include restricting access to personal and confidential information only to staff members who have a business need to view the information, and by securing records in locked cabinets while not in use. The Contractor shall have a written
policy and procedure to implement this duty. 10. CONFLICT OF INTEREST
10.1. Contractor certifies that no principal, director, officer, employee, agent, consultant, officer, elected official or appointed official has violated the Ethics in Public Service Act (RCW chapters 42.23 and 42.52), or any similar statute involving the Contractor in the procurement of or performance under this Contract.
10.2. Contractor shall identify to the Entity any person employed or previously employed in any capacity by the state of Washington that worked on the funding sources for this Contract, including but not limited to, formulating or drafting legislation, participating in grant procurement planning and execution, and awarding grants.
10.3. The Contractor shall comply with 24 C.F.R. §570.611 regarding any potential conflict of interest. 10.3.1. In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict of interest provisions in 24 C.F.R.
§85.36 and 24 C.F.R. §84.42, respectively, shall apply. 10.3.2. In all cases not governed by 24 C.F.R. §85.36 and §84.42, the provisions of this section shall apply. Such cases include the acquisition and disposition of real
property and the provision of assistance by the recipient or by its subrecipients to
individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to 24 C.F.R. §570.202, grants, loans, and other assistance to businesses, individuals, and other private
entities pursuant to 24 C.F.R. §570.203, §570.204, §570.455, or §570.703(i)).
11. CONSUMER RIGHTS
The Contractor shall comply with state and federal non-discrimination laws. This includes:
Discrimination – Human Rights Commission (RCW 49.60); 42 CFR 438.214, Title VI of the Civil Rights Act of 1964 as implemented by regulations at 45 CFR part 80; the Age Discrimination Act of 1975 as implemented by regulations at 45 CFR part 91; the Rehabilitation Act of 1973; titles II and III of the Americans with Disabilities Act; and other laws regarding privacy and
confidentiality. The Contractor shall ensure that its staff takes these rights into account when furnishing services to consumers.
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12. CONTRACT NUMBER The Contractor agrees to list the number of this Contract on all correspondence, communications,
reports, vouchers, and such other data concerning this Contract or delivered hereunder. 13. CONTRACT PERIOD
13.1. Unless otherwise provided in this Contract, the contract period is shown on the first page of the Contract. Services must be provided, and billable costs incurred within the contract period. The first page of the Contract is also referred to as the “Face Sheet.” 13.2. Upon expiration of the initial term or period of extension, the Contractor agrees to hold over
under the terms and conditions of this Contract for such a period of time as is reasonably necessary to re-solicit and/or complete the project, not to exceed 120 days unless a different hold-over period is agreed to in writing. 13.3. The Contractor shall have an additional thirty (30) days following the expiration of the
Contract to submit reports and to complete non-billable end-of-contract activities. 14. COPYRIGHT
14.1. “Materials” means all items in any format and includes, but is not limited to data, reports, maps, charts, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, HTML code, films, tapes, and/or sound reproductions.
14.2. Unless otherwise provided in this Contract, all Materials produced under this Contract shall
be considered “works for hire,” as defined by the U.S. Copyright Act, and shall be owned by the Entity in proportional shares equal to investment. The Entity shall be considered author of such Materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights.
14.3. In the event the Materials are not considered “works for hire,” the Contractor hereby irrevocably assigns to the Entity, in proportional shares equal to investment, all rights, title, and interest in all Materials, including intellectual property rights, moral rights, and rights of publicity, effective from the moment of creation of such Materials.
14.4. For Materials that are delivered under this Contract but that incorporate pre-existing materials not produced under this Contract, the Contractor hereby grants to the Entity a nonexclusive, royalty-free, irrevocable license in such Materials, with rights to sublease to others. The Entity may translate, reproduce, distribute, prepare derivative works, publicly
perform, and publicly display such Materials. The Contractor warrants and represents that
the Contractor has all rights and permissions, including intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to the Entity.
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15. CORRECTIVE ACTION 15.1. The Contractor is required to meet all of the terms and conditions in these General Terms
and Conditions, as well as all terms and conditions in the Statement(s) of Work, Special Terms and Conditions, and Contract exhibits, and to perform as required in this Contract. Should a Contract violation or a performance deficiency be identified by the Entity, the Entity may, at its sole discretion, provide the Contractor with a written notice requiring immediate corrective action, or immediately terminate the Contract.
15.2. If the Entity provides the Contractor with a written notice of corrective action, the Contractor must submit a corrective action plan to the Entity within thirty (30) calendar days from the date of the notice.
15.3. The Entity will approve or disapprove the Contractor's corrective action plan in writing within ten (10) calendar days after receipt of the plan. If approved, the Contractor shall implement the plan and ensure correction of the deficiency. If the Contractor does not correct the deficiency, submit a corrective action plan within fourteen (14) calendar days, or the Entity deems the plan unsatisfactory, the Entity may terminate this Contract in whole
or in part. 15.4. Notice required to be given pursuant to the terms of this section shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, or by
hand-delivery, to the receiving party at the address listed on the signature page or at any
other address of which a party has given written notice. Notice shall be deemed given, if by mail, three days after mailing; or if by personal service, on the date of delivery.
16. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Contract may be signed electronically and exchanged by electronic transmission, including by email, and executed in one or more counterparts, each of which will be deemed an original, but all of which together constitute one-and-the same instrument.
17. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency will be employed or retained to solicit or
secure a contract upon an agreement or understanding for a commission, percentage, brokerage,
or contingent fee. The Entity shall have the right, in the event of breach of this clause by the Contractor, to annul any contract without liability, or in its discretion, to deduct from this Contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or seek such other remedies as are legally available.
18. DUPLICATION OF COSTS The Contractor certifies that work for services billed under this Contract does not duplicate any
work to be charged to any other source.
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19. ENTIRE CONTRACT
Contractor and Entity agree that this Contract is the complete expression of the terms hereto, and any oral representations or understanding not incorporated herein are excluded. Except as otherwise provided in this Contract, any modification shall be in writing and signed by Contractor and Entity. Failure to comply with any of the provisions stated herein shall constitute material
breach of this Contract and cause for termination. Contractor and Entity recognize that time is of the essence in the performance of this Contract. 20. FAIR HOUSING AND NON-DISCRIMINATION
20.1. The Contractor shall comply with all local, state, and federal fair housing and non-discrimination laws, regulations, and policies. Contractor shall take necessary and appropriate actions to prevent discrimination in rental units assisted through the contracted funding sources.
20.2. In accordance with the decision in United States v. Windsor, 133 S. Ct. 2675 (June 26, 2013), and section 3 of the Defense of Marriage Act, codified at 1 USC 7, in any grant-related activity in which family, marital, or household considerations are, by statute or
regulation, relevant for purposes of determining beneficiary eligibility or participation,
grantees must treat same-sex spouses, marriages, and households on the same terms as opposite sex spouses, marriages, and households, respectively.
21. FEDERAL FUNDING REQUIREMENTS
21.1. Any federal funds received under this agreement will have a Catalog of Federal Domestic Assistance (CFDA) Number identified in the Contract. Contractors that receive federal funds shall comply with all grantor requirements including, but not limited to, those
detailed or incorporated into this Contract and detailed in the Catalog of Federal Domestic
Assistance. The Contractor certifies that it is aware of or will review the appropriate section of the CFDA, the relevant Code of Federal Regulations, and other documents referenced in either the CFDA or in this Contract that provide guidance to compliance with federal funding requirements.
21.2. If the Contractor receives federal funds, Contractor shall maintain a current registration in the System for Award Management (SAM) registry. Contractor shall also maintain an active Dun & Bradstreet (DUNS) number or, after April 4, 2022, a Unique Entity Identifier (SAM) created in SAM.gov.
21.3. If the Contractor receives federal funds, in awarding contracts pursuant to this Contract, the Contractor shall comply with all applicable federal, state, and local law for awarding contracts, including but not limited to procedures for competitive bidding required by 2 C.F.R. Part 200.
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21.4. For contracts funded by the U.S. Department of Health and Human Services (HHS), Contractor shall disclose in writing, in a timely manner, to the Entity and to the HHS Office of Inspector General, all information related to violations of federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the federal award. 21.5. If the Contractor receives federal funds, Contractor shall not: 22.5.1. Engage in severe forms of trafficking in persons during the period of time that
the award is in effect; 22.5.2. Procure a commercial sex act during the period of time that the award is in effect; 22.5.3. Use forced labor in the performance of the award or subawards under the award.
21.6. If the Contractor receives federal funds, Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
22. FISCAL REQUIREMENTS
22.1. The Contractor is required to comply with Generally Accepted Accounting Principles (GAAP) or Governmental Generally Accepted Accounting Principles (GGAAP) that meet the financial management systems requirements of this Contract. The requirement in this
section may be met either by submission of an annual independent auditor’s report or by
the submission of semi-annual financial reports based upon the mid-point and end of the Contractor’s fiscal year, if an annual audit is not performed. 22.2. The Contractor shall comply with applicable requirements of 2 C.F.R. Part 200, including
any future amendments, and any successor or replacement Office of Management and
Budget (OMB) Circular or regulation. 22.3. The Contractor shall prepare a Schedule of Expenditures of Federal Awards (SEFA) in accordance with 2 C.F.R §200.508, if the Contractor (1) expends $750,000 or more in
federal awards during the Contractor’s fiscal year, or (2) the Contractor is a State Auditor’s
Office BARS user, regardless of expenditure level. 22.4. If the Contractor expends $750,000 or more in federal funds during the fiscal year, an independent audit report is required. A copy of the audit report shall be submitted to the
Entity. Copies of other financial records may also be required.
22.4.1. Non-Profit Contractors and Public Entities - The audit report shall meet Title 2 C.F.R Part 200 requirements with assurances of financial record keeping that will enable identification of all federal funds received and expended by the OMB
Catalog of Federal Domestic Assistance number. Title 2 C.F.R Part 200 audits
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for fiscal years that include this Contract shall be completed and submitted to the Entity within nine (9) months from the end of the Contractor’s fiscal year unless otherwise approved by the Entity in writing.
22.4.2. For Profit Contractors - An independent audit, an independent limited scope audit, or other evidence negotiated with and approved by the Entity that provides positive assurance of meeting GAAP or GGAAP shall be submitted. Independent audits for fiscal years that include this Contract shall be completed
and submitted to the Entity within nine (9) months from the end of the Contractor’s fiscal year unless otherwise approved by the Entity in writing. 22.5. The Contractor shall provide to the Entity a corrective action plan for any audit findings within thirty (30) days of having received the auditor’s report. Failure to fulfill this
requirement may result in corrective action, including withholding payment until the financial information or audit is received by the Entity. 22.6. If there is no audit requirement, the Contractor shall submit to the Entity semi-annual financial reports based upon the mid-point and end of the Contractor’s fiscal year. These
reports shall be submitted within forty-five days of the mid-point and end of the Contractor’s fiscal year. The financial reports shall include: 23.6.1. Non-Profit Contractors - A Statement of Financial Position, Statement of
Activities, Statement of Changes in Net Assets, and Statement of Cash Flows.
23.6.2. For-Profit Contractors - A Balance Sheet, Income Statement, and Statement of Cash Flows.
23.6.3. Public Entities are exempt from the semi-annual financial reporting requirement.
23.6.4. The Entity may waive the semi-annual reporting requirement in writing if the Contractor’s total contract amount is less than $25,000 or if this Contract is a Personal/Professional Services contract.
23. GRIEVANCE AND COMPLAINT PROCEDURES If required by a granting agency, the Contractor shall have a grievance procedure and a complaint
procedure. Both procedures shall be in writing and shall include timelines for filing a grievance or
a complaint. The complaint procedure shall be developed in compliance with federal law regarding discrimination and include timelines for response or action and shall be available to any individual requesting a copy. The grievance process should include both formal and informal process steps, including an arbitration process, if needed. The Entity shall be notified when a grievance requires
formal arbitration. Upon request by the Entity, Entity shall review and approve the Contractor’s
grievance and complaint procedures. 24. INDEMNIFICATION
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24.1. The Contractor does release, indemnify, and promises to defend and hold harmless the Entity, its elected officials, officers, employees, and agents from and against any and all liability, loss, damages, expense, action, and claims. This includes costs and reasonable
attorney's fees incurred by the Entity, its elected officials, officers, employees and agents in defense thereof, asserting or arising, directly or indirectly, from of the performance of services pursuant to this Contract. 24.2. The Contractor specifically agrees to indemnify and hold harmless the Entity from any and
all bodily injury claims brought by employees of the Contractor and expressly waives its immunity under the Industrial Insurance Act as to those claims that are brought against the Entity. This waiver has been mutually negotiated by the Contractor and the Entity. This paragraph does not purport to indemnify the Entity against the liability for damages
arising out of bodily injuries or damages caused by or resulting from the gross negligence
of the Entity, its elected officials, officers, employees, and agents. 24.3 The Contractor’s obligations under this section survive termination of the Contract and shall remain in full force and effect for ten (10) years after termination of the Contract.
25. INSURANCE At the execution of this Contract, the Contractor shall provide the Entity with proof of the
following insurance coverage. Proof shall be on an ACORD Certificate(s) of Liability Insurance. Each certificate shall show the coverage, deductible, and policy period. 25.1. COMMERCIAL GENERAL LIABILITY
$1,000,000 in annually renewing occurrence-based Commercial General Liability (CGL)
coverage or a Business Owners Policy (BOP) showing the broker of record, insurance limits, and renewal dates. The insurance must be maintained throughout the term of this Contract. In no event shall the deductible exceed $5,000. A “Claims-Made Policy” is not acceptable. In the case where the underlying insurance policy is expended due to excessive defense and/or indemnity claims before renewal, the Contractor warrants and guarantees
the coverage limits, to include indemnity and defense up to the listed limit, from its own resources regardless of coverage status due to cancellation, reservation of rights, or any other no-coverage-in-force reason. Coverage shall not contain any endorsements excluding nor limiting product/completed operations, contractual liability, or cross liability. The Contractor agrees that its policy is primary and waives its right of subrogation.
Contractor agrees to endorse the Entity as an “Additional Insured” on the CGL or BOP policy with the following or similar endorsement providing equal or broader additional insured coverage: the CG2026 07 04 Additional Insured - Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured - Owners, Contractor,
or the CG2010 07 04 Contractor, or Contractor endorsement, including the “Additional Insured” endorsement of CG2037 10 01 Additional Insured - Owners, Contractor - Completed Operations, which shall be required to provide back coverage for the Contractor’s “your work” as defined in the policy and liability arising out of the products-completed operations hazard. The Additional Insured Endorsement shall include Chelan
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County, Douglas County, Grant County, Okanogan County, City of Wenatchee, City of East Wenatchee and the City of Moses Lake.
25.2. AUTOMOBILE LIABILITY
If vehicles are to be used in the performance of work under this Contract, the Contractor shall provide the Entity with proof of $1,000,000 in annually renewing occurrence-based automobile coverage for all owned, used, or leased vehicles. The insurance must be maintained throughout the term of this Contract. If vehicles are not used, the Contractor
shall provide the Entity with a written declaration on company letterhead, that no vehicles will be used in the performance of the Contract. 25.3. FIDELITY INSURANCE
If the Contractor receives $10,000 or more per year in funding from a granting agency, the
Contractor shall provide the Entity with proof of Fidelity Insurance. The insurance must be maintained throughout the term of this Contract. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds, or for issuing financial documents, checks, or other instruments of payment shall be insured to provide protection against loss. The amount of Fidelity
coverage secured shall be either $100,000 or the highest planned reimbursement for the contract period, whichever is lowest. Fidelity Insurance secured pursuant to this paragraph shall name Chelan County, Douglas County, Grant County, Okanogan County, City of Wenatchee, City of East Wenatchee and the City of Moses Lake as beneficiaries.
25.4. ADDITIONAL INSURANCE REQUIREMENTS
All insurers must have an A.M. Best’s Rating of A-VII or better. The Contractor shall provide its own insurance protection at its own expense for any property (contents or personal property) maintained on its premises. In addition, Contractor shall insure the real
property and all fixtures and improvements for its full insurable replacement value against
loss or damage by fire and other hazards included within the term “extended coverage.” All policies and renewals on the real property shall be in a form and with a carrier acceptable to the Entity.
26. INTERPRETATION OF CONTRACT This Contract contains the General Terms and Conditions agreed upon by the parties. In the event of an inconsistency or conflict appearing in this Contract, the following provisions apply:
26.1. The order of precedence is as follows: 26.1.1. Federal statutes and regulations
26.1.2. State statutes and regulations
26.1.3. Statement(s) of Work
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26.1.4. Special Terms and Conditions 26.1.5. General Terms and Conditions
26.2. Where a term of these General Terms and Conditions conflicts with a term of an associated contract, the term of the associated contract controls. If such interpretation would violate a federal or state statute or contract agreement, the term shall be interpreted in a manner to comply with federal and state statutes and contract agreements.
27. LICENSING AND PROGRAM STANDARDS The Contractor agrees to comply with all applicable federal, state, County, or municipal standards
for licensing, certification, and operation of facilities and program, accreditation and licensing of individuals, and for any other applicable standards or criteria as specified in this Contract. The loss of any required accreditation license or other certificate shall be promptly reported to the Entity. The loss of a required license, certification, and/or accreditation will be grounds for termination of a contract by the Entity if the presence of the license or certificate is a legal
prerequisite to performing a Contract service.
28. LIMITED ENGLISH PROFICIENCY
The Contractor shall comply with Executive Order No. 13166 and take necessary and appropriate actions to ensure that persons with Limited English Proficiency (LEP) have meaningful access and equal opportunity to participate in services, activities, programs, and other benefits associated
with this Contract.
29. NON-APPROPRIATION 29.1. In the event that funding to the Entity from state, federal, or other sources is withdrawn,
reduced, or limited in any way after the effective date of a contract and prior to its normal
completion, the Entity may immediately terminate this Contract in whole or in part by providing the Contractor notice. 29.2. Any notice required to be given pursuant to the terms of this section shall be in writing
and shall be sent by certified or registered mail, return receipt requested, postage prepaid,
or by hand-delivery, to the receiving party at the address listed on the signature page or at any other address of which a party has given notice. Notice shall be deemed given on the date of delivery or refusal as shown on the return receipt if delivered by mail, or the date upon which such notice is personally delivered in writing.
30. NON-SUBSTITUTION FOR LOCAL FUNDING The Contractor shall not use funds provided under this Contract to supplant local, state, or other
federal funds. The Contractor shall not use these funds to replace funding that would otherwise
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be made available to the Contractor had this funding not been provided.
31. PAY EQUITY The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following:
31.1. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed;
31.2. Contractor may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following: 31.2.1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.
31.2.2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential.
31.2.3. A bona fide regional difference in compensation level must be: consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.
32. PAYMENT PROVISIONS 32.1. PROVISIONS FOR ALL CONTRACTS
32.1.1. No payment to the Contractor shall be made for any service performed by the Contractor that is not within the scope of this Contract. 32.1.2. In the event that federal, state, County, City or independent auditors determine that the Contractor has requested and received payment from the Entity for
expenses or services that are outside the scope of a contract and/or not allowed by law, the Entity may withhold or suspend payment to the Contractor until such time as disallowed costs are recovered and any corrective action process has been completed. The withholding or suspension of payment under this subsection is not cause for termination of the Contract by Contractor.
32.1.3. The Contractor may be required to submit invoices on a Chelan County-approved form accompanied by required reports and documentation.
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32.1.4. Invoices shall be submitted to the Fiscal Agent no later than the 15th of the second month of that contract year for annual payment.
32.1.5. Chelan County, as the fiscal agent for the Entity, will make payment to Contractor as soon as practicable but not more than thirty (30) days after an invoice is received and approved by the Entity unless other payment arrangements are approved by the Entity.
32.1.6. For services that are also funded by a third party, the Contractor shall provide copies of invoices and/or contracts/SOWs on a quarterly basis in October, January, April, and July, or upon request by an Entity member. 32.1.7. The Contractor agrees to allow the Entity to make adjustments to the budget
lines and/or project schedule of this Contract when necessary and in the interests of the Contractor and the Entity, provided the total contract amount remains unchanged.
33. PROVISIONS FOR COST REIMBURSEMENT CONTRACTS
PAYMENT PROVISIONS
In addition to the payment provisions listed in the County Services General Terms and Conditions, the following shall apply: 33.1.1. Annual funding amounts for this Contract shall be communicated to Contractor in
writing and are contingent upon the County’s receipt of funding.
33.1.2. First year funding for the period 07/01/24 – 06/30/25 shall not exceed $408,319.64.
33.1.3. Funds may be rolled-over from previous periods.
33.1.4 Contractor shall manage program costs so that reimbursement requests do not exceed approved funding.
33.1.5. Contractor shall be paid annually. The allowable administrative
rate is ten percent (10%) of the annual program costs listed in the Budget Summary and will be deducted from the total annual scope of work allocation. 33.1.6. County may withhold payment to the Contractor if deliverable and reporting
requirements are not met.
33.3. PROVISIONS FOR FEE-FOR-SERVICE CONTRACTS 33.3.1. Invoices shall adequately identify services being billed, the month and year of
service, the contract number, and be categorized by statement of work/work
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order. 33.3.2. When the Contract ends, the Contractor must submit a final request for payment
within thirty (30) days following the end date. 34. PROHIBITION AGAINST POLITICAL ACTIVITY AND RELIGIOUS ACTIVITY 34.1. The Contractor shall not use contract funds or identify contract funds in a manner
supporting any partisan or nonpartisan political activity, nor for any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election or any voter registration activity. 34.2. The Contractor shall not use contract funds to support inherently religious activities such
as religious instruction, worship, or proselytization. Contractor must take steps to separate, in time or location, inherently religious activities from the services funded under this Contract. 34.3. The Contractor agrees that no contract funds provided nor personnel employed under this
Contract shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, Chapter 15 of Title V, United States Code.
35. PROTECTION OF INDIVIDUAL RIGHTS 35.1. Each individual party that makes up the Entity is an equal opportunity employer.
35.2. The Contractor shall comply with all federal, state, and local laws prohibiting
discrimination on the basis of age, sex, sexual orientation, gender identity, marital status, race, color, national origin, religion, disability, or familial status. 35.3. In the event of the Contractor’s non-compliance or refusal to comply, the Entity may
terminate this Contract in whole or in part.
36. RECORDS RETENTION 37.1. Required records shall be retained by Contractor for a period of at least six (6) years from
the expiration or termination date of this Contract except as follows:
37.1.1. Records that are the subject of audit finding or a legal proceeding shall be retained for the minimum period or until such audit findings or legal proceeding has been resolved, whichever is later.
37.1.2. Records for real property and equipment shall be retained for the minimum period from the date of disposition, replacement, or transfer at the direction of the Entity.
37.1.3. Any record with a longer retention schedule for purposes of public records
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disclosure shall be retained as required by the Revised Code of Washington (RCW).
37.2. If requested by the Entity and to the extent allowed by law, at the end of the records retention period Contractor shall return confidential information to the Entity or certify in writing the destruction of the confidential information. 37.3 Contractor acknowledges that each party the makes up the Entity is a public agency that
must comply with the Public Records Act (Chapter 42.56 RCW). Contractor agrees and authorizes this Contract to be released, without notice to Contractor, by any party that makes up the Entity if that party receives a public records request where this Contract is a response record.
38. RECOVERY OF PAYMENT If the Entity makes payment for goods or services that were claimed in error or were not allowable costs under the terms of this Contract, the Contractor shall repay the Entity promptly and fully
cooperate with the Entity in its recovery efforts.
39. RELATIONSHIP OF THE PARTIES
The Contractor, its agents, employees, officers, or representatives, are not employees, agents, or representatives of the Entity (including any party that makes up the Entity) for any purpose, and the employees of the Contractor are not entitled to any of the benefits the Entity provides for it
respective employees. The Contractor shall be solely and entirely responsible for its acts and for
the acts of its agents, employees, subcontractors, or others during the performance of any contract. The Entity shall not be responsible for the payment of federal taxes, Social Security taxes, or Labor and Industries contributions for the Contractor. This Contract is executed for the benefit of the parties and the public generally. It is not intended nor may it be construed to create any third party
beneficiaries.
40. EQUITY, INCLUSION, AND ANTI-RACISM
Contractor must evaluate their activities under this Contract, and be as equitable and inclusive as
possible, ensuring contracted services are being fully utilized and accessed by all the population groups that need them within the Entity’s jurisdictional boundaries, to include historically underserved communities such as black, indigenous, and people of color. To do this, the Contractor shall, at minimum:
40.1. Identify all the groups in the Entity’s jurisdictional boundaries that need the services to be offered, paying particular attention to historically underserved populations. 40.2. Center the voices of those who will be impacted or served by the actions, activities, or
policies implemented through this contract, particularly the voices of historically
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underserved groups; and allowing those voices to shape and influence the conduct of contracted activities.
40.3. Track demographics, service delivery, and outcomes in the Contract to see inequities and disproportionality in access and delivery of contracted services when it occurs, and actively take steps to correct inequities found.
41. SEVERABILITY It is understood and agreed by the Contractor and the Entity that if any part, term, or provision of this Contract is held by a court of competent jurisdiction to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid. If deletion of the invalid provision substantially alters the intent, purpose, or effect of the Contract, or constitutes a failure of consideration, the Contract may be immediately rescinded or terminated by the Entity. Nothing herein contained shall be construed as giving precedence to provisions of this Contract, any Statement of Work, or any subcontract, over any provision of the law.
42. STANDARDS FOR FISCAL ACCOUNTABILITY
42.1. Contractor shall establish a proper accounting system in accordance with generally accepted accounting standards or Entity directives; provided that such directives comply with Generally Accepted Accounting Principles (GAAP) or Governmental Generally
Accepted Accounting Principles (GGAAP).
42.2. If required by the State of Washington or by this Contract, the Contractor shall maintain books, records, documents, and accounting procedures and practices that accurately reflect all direct and indirect costs and income related to the performance of each contract. Such
fiscal books, records, documents, reports, and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments," hereinafter referred to as "BARS," or equivalent accounting method, to allow costs to be tracked to specific revenue sources.
42.3. The Entity shall have the right to monitor and audit Contractor’s fiscal components to
ensure that actual expenditures remain consistent with the terms of this Contract. 43. SURVIVABILITY
The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation, or termination of this Contract shall so survive. Examples of terms that survive are records retention, fiscal audit, and indemnification requirements, as well as affordability requirements included in many HUD-
funded contracts.
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44. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
44.1. For any Contract funded, in whole or in part, with federal funds subject to Title VI of the Civil Rights Act of 1964, as amended, the following term applies: Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
Contractors of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
45. TOBACCO SMOKE By signing this Contract, the Contractor certifies that it complies with 20 U.S.C. 7183, also known
as the “Pro-Children Act of 1994,” by not allowing smoking in any portion of any indoor structure
routinely owned or leased or contracted by the Contractor and used routinely or regularly for provision of health, day care, education, or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan, or loan guarantee. The law does not apply to children's services
provided in private residences, facilities funded solely by Medicare or Medicaid funds, and
portions of facilities used for inpatient drug or alcohol treatment. The United States Public Health Services (PHS) strongly encourages all grant recipients and contractors to provide a smoke-free workplace and promote the non-use of tobacco products. This
is consistent with the PHS mission to protect and advance the physical and mental health of the
American people. 46. TRAVEL
All mileage reimbursement requests shall include date, location, and event documentation or an event description, and mileage and rates. Payment for travel expenses will be made on a reimbursement basis only.
46.1. The following travel related expenses are allowable costs if incurred in conjunction with
travel for the performance of work under contract with Entity. 46.1.1. Actual costs of air, bus, train, taxi, tolls, car rentals and parking fees. Personal automobile usage will be reimbursed at the prevailing rate per mile published by
the IRS for business use. An itemized receipt, which must be provided to the
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Entity, is required with each reimbursement request. 46.1.2. Mileage shall be calculated from the Contractor’s business location to the travel
destination. In instances where personal automobile usage exceeds the cost of airfare, reimbursement will be limited to the cost of traveling to the same destination by coach/economy class airfare. An itemized receipt, which must be provided to the Entity, is required with each reimbursement request.
46.1.3. The actual cost of hotel accommodations at the single occupancy rate is an allowable expense when traveling on business required under this Contract. The lowest possible rate should be requested. An itemized receipt, which must be provided to the Entity, is required with each reimbursement request.
46.1.5. Other reasonable and ordinary expenses that are related to the performance of the Contract and incurred by the Contractor while on official business. Examples of these costs are registration fees, expedited shipping, and specialized software subscriptions. Itemized receipts are required to be provided to the Entity.
47. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract.
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EXHIBIT A TO CONTRACT
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES Whereas, the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington, and strive to ensure that principals of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds; and Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities within the Pharmaceutical Supply Chain. Now therefore, the Local Governments enter into this Memorandum of Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements described.
A. Definitions As used in this MOU:
1. “Allocation Regions” are the same geographic areas as the existing nine (9) Washington State Accountable Community of Health (ACH) Regions and have the purpose described in Section C below. 2. “Approved Purpose(s)” shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. “Effective Date” shall mean the date on which a court of
competent jurisdiction, including any bankruptcy court, enters the first Settlement by order or consent decree. The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger allocation of Opioid Funds in accordance with Section B herein, and the formation of the Regional Abatement Advisory Councils in
Section E. 4. “Litigating Local Government(s)” shall mean Local Governments that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5. “Local Government(s)” shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. “National Settlement Agreements” means the national opioid settlement agreements dated July 21, 2021 involving Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement Agreements, including all amendments thereto. 7. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this MOU.
8. “Opioid Abatement Council” shall have the meaning described in Section C below. 9. “Participating Local Government(s)” shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen to sign on to this MOU. The Participating Local Governments may be referred to separately in this MOU as “Participating Counties” and “Participating Cities and Towns” (or “Participating Cities or Towns,” as appropriate) or “Parties.”
10. “Pharmaceutical Supply Chain” shall mean the process and channels through which controlled substances are manufactured, marketed, promoted, distributed, and/or dispensed, including prescription opioids. 11. “Pharmaceutical Supply Chain Participant” shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion, distribution, and/or dispensing of a prescription opioid, including any entity that has assisted in any of the above. 12. “Qualified Settlement Fund Account,” or “QSF Account,” shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13. “Regional Agreements” shall mean the understanding reached by the Participating Local Counties and Cities within an Allocation Region governing the allocation, management, distribution of Opioid Funds within that Allocation Region.
14. “Settlement” shall mean the future negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the Participating Local Governments. “Settlement” expressly does not include a plan of reorganization confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such plan of reorganization.
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15. “Trustee” shall mean an independent trustee who shall be responsible for the ministerial task of releasing Opioid Funds that are in QSF account to Participating Local Governments as authorized herein and accounting
for all payments into or out of the trust.
16. The “Washington State Accountable Communities of Health” or “ACH” shall mean the nine (9) regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes 1. All Opioid Funds shall be held in a QSF and distributed by the Trustee, for the benefit of the Participating Local Governments, only in a manner consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to
provide public accountability and transparency. 2. All Opioid Funds, regardless of allocation, shall be utilized pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU. 3. The division of Opioid Funds shall first be allocated to Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The allocation model uses three equally weighted factors: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in Exhibit B. In the event any county does not participate in this MOU, that county’s percentage share shall be reallocated proportionally amongst the Participating Counties by applying this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each Participating County will be based on regional agreements as described in Section C.
C. Regional Agreements 1. For the purpose of this MOU, the regional structure for decision- making related to opioid fund allocation will be based upon the nine (9) pre- defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, Lewis, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom Counties)
• Southwest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within each Allocation Region, as determined by its Regional Agreement as set forth below. If an Allocation Region does not have a Regional Agreement enumerated in this MOU, the default mechanism for allocation, distribution and management
of Opioid Funds described in Section C.4.a will apply.
3. King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified in this MOU a
methodology for allocating, distributing and managing Opioid Funds, will apply
the following default methodology: a. Opioid Funds shall be allocated within each region by taking the allocation for a Participating County from Exhibit B and apportioning
those funds between that Participating County and its Participating Cities
and Towns. Exhibit B also sets forth the allocation to Participating Counties and the Participating Cities or Towns within the Counties based on a default allocation formula. As set forth above in B.3, to determine the allocation to a county, this formula utilizes: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in
that county; and (3) the number of people who suffer opioid use disorder in that county. To determine the allocation within a county, the formula utilizes historical federal data showing how the specific Counties and the Cities and Towns within the Counties have made opioids epidemic-related
expenditures in the past. This is the same methodology used in the
National Settlement Agreements for county and intra-county allocations. A Participating County, and the Cities and Towns within it may enter into
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a separate intra-county allocation agreement to modify how the Opioid Funds are allocated amongst themselves, provided the modification is in writing and agreed to by all Participating Local Governments in the
County. Such an agreement shall not modify any of the other terms or requirements of this MOU. b. 10% of the Opioid Funds received by the Region will be reserved, on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Participating Local Governments within the Region. c. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that are Litigating Participating Local Governments. The portion of the Opioid Funds that would have been allocated to a city or town with a population of less than 10,000 that is not a Litigating Participating Local Government shall be redistributed to Participating Counties in the manner directed
in C.4.a above. d. Each Participating County, City, or Town may elect to have its share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in Exhibit A. A Participating Local Government’s election to forego its allocation of Opioid Funds shall apply to all future allocations unless the Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from the reporting requirements set forth in this Agreement. e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of the Participating Local Government’s allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation of Opioid Funds. The portion of the Opioid Funds that would have been allocated to a Local Government that is not a Participating Local Government shall be
redistributed to Participating Counties in the manner directed in C.4.a above.
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g. As a condition of receiving a direct payment, each Participating Local Government that receives a direct payment agrees to undertake the following actions:
i. Developing a methodology for obtaining proposals for use of Opioid Funds. ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services. iii. Receiving and reviewing proposals for use of Opioid Funds for Approved Purposes.
iv. Approving or denying proposals for use of Opioid Funds for Approved Purposes. v. Receiving funds from the Trustee for approved proposals and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation Region, The Participating Local Governments must establish an Opioid Abatement Council (OAC) to oversee Opioid Fund allocation, distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU. i. The OAC for each Allocation Region shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation Region’s Participating Local Governments. All persons who serve on the OAC must have work or educational experience pertaining to one or more Approved Uses.
j. The Regional OAC will be responsible for the following actions: i. Overseeing distribution of Opioid Funds from Participating Local Governments to programs and services within the Allocation Region for Approved Purposes.
ii. Annual review of expenditure reports from Participating Local Jurisdictions within the Allocation
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Region for compliance with Approved Purposes and the terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose to forego their allocation of Opioid Funds: (i) Approving or denying proposals by Participating Local Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region. (ii) Directing the Trustee to distribute Opioid Funds for use by Participating Local Governments or community groups whose proposals are approved by the OAC. (iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds. iv. Reporting and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures by the OAC or directly by Participating Local
Governments. v. Developing and maintaining a centralized public dashboard or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that Allocation Region, which it shall update at least annually. vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating Local Governments shall comply with such requirements. vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements. 5. Participating Local Governments may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose, so long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. 6. Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim. Rather, the intent of this MOU is to join all parties who wish to be Participating Local Governments to agree upon an allocation formula for any Opioid Funds
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from any future binding Settlement with one or more Pharmaceutical Supply Chain Participants for all Local Governments in the State of Washington.
7. If any Participating Local Government disputes the amount it receives from its allocation of Opioid Funds, the Participating Local Government shall alert its respective OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the Participating Local Government’s right to seek recoupment of any deficiency in its allocation of Opioid Funds. 8. If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes listed in Exhibit A, or the terms of this MOU, or that the Participating Local Government otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid Funds owed to the offending Participating Local Government or requiring the offending Participating Local Government to reimburse improperly expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with Washington’s Public Records Act RCW 42.56.001 et seq. Records requested by another Participating Local Government or an OAC shall be produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records Act RCW 42.56.001 et seq. D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys’ fees and litigation expenses relating to their prosecution of claims against the Pharmaceutical Supply Chain Participants, and this prosecution has inured to the benefit of all Participating Local Governments. Accordingly, a Washington Government Fee Fund (“GFF”) shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred to prosecute the claims against the Pharmaceutical Supply Chain Participants, regardless of whether they are litigating or non-litigating entities.
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2. The amount of the GFF shall be based as follows: the funds to be deposited in the GFF shall be equal to 15% of the total cash value of the Opioid Funds.
3. The maximum percentage of any contingency fee agreement permitted for compensation shall be 15% of the portion of the Opioid Funds allocated to the Litigating Local Government that is a party to the contingency fee agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that Litigating Local Government. 4. Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”) consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik PLLC. The role of the Opioid Fee and Expense Committee shall be limited to ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants do not pay the fees and expenses of the Participating Local Governments directly at the time settlement is achieved, payments to counsel for Participating Local Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee by the Defendants, whichever is sooner. 6. Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments’ private counsel’s representation
agreements, and (ii) the amounts needed to cover the common benefit tax discussed in Section C.8 below (if not paid directly by the Defendants in connection with future settlement(s), shall revert to the Participating Local Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees and expenses owed under this Section, payments to counsel for all Litigating Local Governments shall be reduced on a pro rata basis. The Litigating Local Governments will not be responsible for any of these reduced amounts.
8. The Parties anticipate that any Opioid Funds they receive will be subject to a common benefit “tax” imposed by the court in In Re: National Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP (“Common Benefit Tax”). If this
occurs, the Participating Local Governments shall first seek to have the settling
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defendants pay the Common Benefit Tax. If the settling defendants do not agree to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of funds to the Participating Local Governments. In the event that GFF is not fully exhausted to pay the Litigating Local Governments’ private counsel’s representation agreements, excess funds in the GFF shall be applied to pay the Common Benefit Tax (if any).
E. General Terms 1. If any Participating Local Government believes another Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local Government may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s) was entered, provided the alleging Participating Local Government first provides the alleged offending Participating Local Government notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local Government or alleged offending Participating Local Government may be represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Washington law. In such an action, the alleged offending Participating Local Government, including the Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory Councils and its Members, may seek outside representation to defend itself against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance with the court rules on venue in that jurisdiction. This provision is not intended to expand the court rules on venue. 4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument. The Participating Local Governments approve the use of electronic signatures for execution of this MOU. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3- 101, et seq. The Parties agree not to deny the legal effect or enforceability of the
MOU solely because it is in electronic form or because an electronic record was used in its formation. The Participating Local Government agree not to object to the admissibility of the MOU in the form of an electronic record, or a paper copy
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of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
5. Each Participating Local Government represents that all procedures necessary to authorize such Participating Local Government’s execution of this MOU have been performed and that the person signing for such Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank – Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of March, 2022 by:
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EXHIBIT B TO CONTACT
(ALSO IS EXHIBIT A TO ONE WA MOU)
O P I O I D A B A T E M E N T S T R A T E G I E S
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including but not limited to: a. Medication-Assisted Treatment (MAT); b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions, community
health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based, evidence-informed, or promising practices such as adequate methadone dosing. 5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and for
PART ONE: TREATMENT
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persons who have experienced an opioid overdose. 6. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose
or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists, including tele-mentoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a
DATA 2000 waiver.
12. Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based services.
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2. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
8. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users, including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or are at risk of developing – OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence- based,
evidence-informed, or promising programs or strategies that may include, but are not limited
to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and know
how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
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3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on opioid
overdose.
11. Create or support school-based contacts that parents can engage with to seek immediate
treatment services for their child; and support prevention, intervention, treatment, and
recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non-profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to appropriate
services and supports for persons with OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction.
16. Create or support intake and call centers to facilitate education and access to treatment,
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prevention, and recovery services for persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction.
17. Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co- usage, and/or co-addiction who are involved – or are at risk of becoming involved – in the criminal justice system through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following:
1. Support pre-arrest or post-arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment
programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation
Network or the Chicago Westside Narcotics Diversion to Treatment Initiative;
f. Co-responder and/or alternative responder models to address OUD-related 911 calls
with greater SUD expertise and to reduce perceived barriers associated with law
enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only for
counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
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4. Provide evidence-informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual- diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice- involved persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, case management, or other services offered in connection with any
of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence-based, evidence-informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care.
4. Provide enhanced support for children and family members suffering trauma as a result
of addiction in the family; and offer trauma-informed behavioral health treatment for
adverse childhood events.
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5. Offer enhanced family supports and home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including but not limited to parent skills training.
6. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing appropriate
safeguards on sharing of private health information, including but not limited to:
a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD.
PART TWO: PREVENTION
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b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence- informed, or promising programs or strategies that may include, but are not limited to, the following:
1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal.
3. Drug take-back disposal or destruction programs.
4. Fund community anti-drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non-profits and faith-based communities as systems to support prevention.
7. Support evidence-informed school and community education programs and campaigns
for students, families, school employees, school athletic programs, parent- teacher and
student associations, and others.
8. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
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address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include, but
are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and provide
them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11. Provide training in treatment and recovery strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction. 12. Support screening for fentanyl in routine clinical toxicology testing.
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I. FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment intervention services, or to support other strategies to abate the opioid epidemic
described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.
2. Invest in infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
PART THREE: OTHER STRATEGIES
COML Council Packet 7-23-24, Page 225 of 292
52
strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand access to MAT.
COML Council Packet 7-23-24, Page 226 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
EXHIBIT C TO CONTRACT
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Adams County
Adams County 0.1638732475% $409,683 $614,525 $819,366 Hatton
Lind
Othello
Ritzville
Washtucna
County Total: 0.1638732475% $409,683 $614,525 $819,366
Asotin County
Asotin County 0.4694498386% $1,173,625 $1,760,437 $2,347,249
Asotin
Clarkston
County Total: 0.4694498386% $1,173,625 $1,760,437 $2,347,249
Benton County
Benton County 1.4848831892% $3,712,208 $5,568,312 $7,424,416
Benton City
Kennewick 0.5415650564% $1,353,913 $2,030,869 $2,707,825
Prosser
Richland 0.4756779517% $1,189,195 $1,783,792 $2,378,390
West Richland 0.0459360490% $114,840 $172,260 $229,680
County Total: 2.5480622463% $6,370,156 $9,555,233 $12,740,311
Chelan County
Chelan County^ 0.7434914485% $1,858,729 $2,788,093 $3,717,457
Cashmere
Chelan
Entiat
COML Council Packet 7-23-24, Page 227 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Leavenworth
Wenatchee 0.2968333494% $742,083 $1,113,125 $1,484,167
County Total: 1.0403247979% $2,600,812 $3,901,218 $5,201,624
Clallam County
Clallam County^ 1.3076983401% $3,269,246 $4,903,869 $6,538,492
Forks
Port Angeles 0.4598370527% $1,149,593 $1,724,389 $2,299,185
Sequim
County Total: 1.7675353928% $4,418,838 $6,628,258 $8,837,677
COML Council Packet 7-23-24, Page 228 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Clark County
Clark County^ 4.5149775326% $11,287,444 $16,931,166 $22,574,888 Battle Ground 0.1384729857% $346,182 $519,274 $692,365
Camas 0.2691592724% $672,898 $1,009,347 $1,345,796
La Center
Ridgefield
Vancouver^ 1.7306605325% $4,326,651 $6,489,977 $8,653,303
Washougal 0.1279328220% $319,832 $479,748 $639,664
Woodland***
Yacolt
County Total: 6.7812031452% $16,953,008 $25,429,512 $33,906,016
Columbia County
Columbia County 0.0561699537% $140,425 $210,637 $280,850
Dayton
Starbuck
County Total: 0.0561699537% $140,425 $210,637 $280,850
Cowlitz County
Cowlitz County 1.7226945990% $4,306,736 $6,460,105 $8,613,473
Castle Rock
Kalama
Kelso 0.1331145270% $332,786 $499,179 $665,573
Longview 0.6162736905% $1,540,684 $2,311,026 $3,081,368
Woodland***
County Total: 2.4720828165% $6,180,207 $9,270,311 $12,360,414
Douglas County
Douglas County 0.3932175175 $983,044 $1,474,566 $1,966,088
COML Council Packet 7-23-24, Page 229 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
% Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865% $199,953 $299,929 $399,905
Mansfield
Rock Island
Waterville
County Total: 0.4731986040% $1,182,997 $1,774,495 $2,365,993
Ferry County
Ferry County 0.1153487994% $288,372 $432,558 $576,744
Republic
County Total: 0.1153487994% $288,372 $432,558 $576,744
COML Council Packet 7-23-24, Page 230 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Franklin County
Franklin County^ 0.3361237144% $840,309 $1,260,464 $1,680,619
Connell
Kahlotus
Mesa
Pasco 0.4278056066% $1,069,514 $1,604,271 $2,139,028
County Total: 0.7639293210% $1,909,823 $2,864,735 $3,819,647
Garfield County
Garfield County 0.0321982209% $80,496 $120,743 $160,991
Pomeroy
County Total: 0.0321982209% $80,496 $120,743 $160,991
Grant County
Grant County 0.9932572167% $2,483,143 $3,724,715 $4,966,286
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909% $519,573 $779,360 $1,039,147
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076% $3,002,717 $4,504,075 $6,005,433
COML Council Packet 7-23-24, Page 231 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Grays Harbor County
Grays Harbor County 0.9992429138% $2,498,107 $3,747,161 $4,996,215
Aberdeen 0.2491525333% $622,881 $934,322 $1,245,763
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471% $3,120,989 $4,681,483 $6,241,977
Island County
Island County^ 0.6820422610% $1,705,106 $2,557,658 $3,410,211
Coupeville
Langley
Oak Harbor 0.2511550431% $627,888 $941,831 $1,255,775
County Total: 0.9331973041% $2,332,993 $3,499,490 $4,665,987
Jefferson County
Jefferson County^ 0.4417137380% $1,104,284 $1,656,427 $2,208,569
Port Townsend
County Total: 0.4417137380% $1,104,284 $1,656,427 $2,208,569
COML Council Packet 7-23-24, Page 232 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
King County
King County^ 13.9743722662% $34,935,931 $52,403,896 $69,871,861
Algona
Auburn*** 0.2622774917% $655,694 $983,541 $1,311,387
Beaux Arts Village
Bellevue 1.1300592573% $2,825,148 $4,237,722 $5,650,296
Black Diamond
Bothell*** 0.1821602716% $455,401 $683,101 $910,801
Burien 0.0270962921% $67,741 $101,611 $135,481
Carnation
Clyde Hill
Covington 0.0118134406% $29,534 $44,300 $59,067
Des Moines 0.1179764526% $294,941 $442,412 $589,882
Duvall
Enumclaw*** 0.0537768326% $134,442 $201,663 $268,884
Federal Way 0.3061452240% $765,363 $1,148,045 $1,530,726
Hunts Point
Issaquah 0.1876240107% $469,060 $703,590 $938,120
Kenmore 0.0204441024% $51,110 $76,665 $102,221
Kent^ 0.5377397676% $1,344,349 $2,016,524 $2,688,699
Kirkland^ 0.5453525246% $1,363,381 $2,045,072 $2,726,763
Lake Forest Park 0.0525439124% $131,360 $197,040 $262,720
Maple Valley 0.0093761587% $23,440 $35,161 $46,881
Medina
Mercer Island 0.1751797481% $437,949 $656,924 $875,899
Milton***
Newcastle 0.0033117880% $8,279 $12,419 $16,559
Normandy Park
North Bend
COML Council Packet 7-23-24, Page 233 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Pacific***
Redmond 0.4839486007% $1,209,872 $1,814,807 $2,419,743
Renton 0.7652626920% $1,913,157 $2,869,735 $3,826,313
Sammamish 0.0224369090% $56,092 $84,138 $112,185
SeaTac 0.1481551278% $370,388 $555,582 $740,776
Seattle^ 6.6032403816% $16,508,101 $24,762,151 $33,016,202
Shoreline 0.0435834501% $108,959 $163,438 $217,917
Skykomish
Snoqualmie 0.0649164481% $162,291 $243,437 $324,582
Tukwila 0.3032205739% $758,051 $1,137,077 $1,516,103
Woodinville 0.0185516364% $46,379 $69,569 $92,758
Yarrow Point
County Total: 26.0505653608% $65,126,413 $97,689,620 $130,252,827
COML Council Packet 7-23-24, Page 234 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Kitsap County
Kitsap County^ 2.6294133668% $6,573,533 $9,860,300 $13,147,067 Bainbridge Island^ 0.1364686014% $341,172 $511,757 $682,343
Bremerton 0.6193374389% $1,548,344 $2,322,515 $3,096,687
Port Orchard 0.1009497162% $252,374 $378,561 $504,749
Poulsbo 0.0773748246% $193,437 $290,156 $386,874
County Total: 3.5635439479% $8,908,860 $13,363,290 $17,817,720
Kittitas County
Kittitas County^ 0.3855704683% $963,926 $1,445,889 $1,927,852
Cle Elum
Ellensburg 0.0955824915% $238,956 $358,434 $477,912
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598% $1,202,882 $1,804,324 $2,405,765
Klickitat County
Lewis Co
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Klickitat County 0.2211673457% $552,918 $829,378 $1,105,837
Bingen
Goldendale
White Salmon
County Total: 0.2211673457% $552,918 $829,378 $1,105,837
unty
Lewis County^ 1.0777377479%
$2,694,344
$4,041,517
$5,388,689
Centralia 0.1909990353% $477,498 $716,246 $954,995
COML Council Packet 7-23-24, Page 235 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Toledo
Vader
Winlock
County Total: 1.2687367832% $3,171,842 $4,757,763 $6,343,684
COML Council Packet 7-23-24, Page 236 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Lincoln County
Lincoln County^ 0.1712669645% $428,167 $642,251 $856,335
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total: 0.1712669645% $428,167 $642,251 $856,335
Mason County
Mason County 0.8089918012% $2,022,480 $3,033,719 $4,044,959
Shelton 0.1239179888% $309,795 $464,692 $619,590
County Total: 0.9329097900% $2,332,274 $3,498,412 $4,664,549
Okanogan County
Okanogan County 0.6145043345% $1,536,261 $2,304,391 $3,072,522
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345% $1,536,261 $2,304,391 $3,072,522
Pacific County
COML Council Packet 7-23-24, Page 237 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Pacific County 0.4895416466% $1,223,854 $1,835,781 $2,447,708
Ilwaco
Long Beach
Raymond
South Bend
County Total: 0.4895416466% $1,223,854 $1,835,781 $2,447,708
COML Council Packet 7-23-24, Page 238 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Pend Oreille County
Pend Oreille County 0.2566374940% $641,594 $962,391 $1,283,187
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total: 0.2566374940% $641,594 $962,391 $1,283,187
Pierce County
San Juan
Pierce County^ 7.2310164020% $18,077,541 $27,116,312 $36,155,082
Auburn*** 0.0628522112% $157,131 $235,696 $314,261
Bonney Lake 0.1190773864% $297,693 $446,540 $595,387
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791% $12,004 $18,006 $24,008
Enumclaw*** 0.0000000000% $0 $0 $0
Fife 0.1955185481% $488,796 $733,195 $977,593
Fircrest
Gig Harbor 0.0859963345% $214,991 $322,486 $429,982
Lakewood^ 0.5253640894% $1,313,410 $1,970,115 $2,626,820
Milton***
Orting
Pacific***
Puyallup 0.3845704814% $961,426 $1,442,139 $1,922,852
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569% $270,789 $406,184 $541,579
Tacoma^ 3.2816374617% $8,204,094 $12,306,140 $16,408,187
University Place 0.0353733363% $88,433 $132,650 $176,867
Wilkeson
County Total: 12.0345236870% $30,086,309 $45,129,464 $60,172,618
County
COML Council Packet 7-23-24, Page 239 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
San Juan County^ 0.2101495171% $525,374 $788,061 $1,050,748
Friday Harbor
County Total: 0.2101495171% $525,374 $788,061 $1,050,748
COML Council Packet 7-23-24, Page 240 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Skagit County
Skagit County^ 1.0526023961% $2,631,506 $3,947,259 $5,263,012
Anacortes^ 0.1774962906% $443,741 $665,611 $887,481
Burlington^ 0.1146861661% $286,715 $430,073 $573,431
Concrete
Hamilton
La Conner
Lyman
Mount Vernon^ 0.2801063665% $700,266 $1,050,399 $1,400,532
Sedro-Woolley^ 0.0661146351% $165,287 $247,930 $330,573
County Total: 1.6910058544% $4,227,515 $6,341,272 $8,455,029
Skamania County
Skamania County 0.1631931925% $407,983 $611,974 $815,966
North Bonneville
Stevenson
County Total: 0.1631931925% $407,983 $611,974 $815,966
Snohomish County
Snohomish County^ 6.9054415622% $17,263,604 $25,895,406 $34,527,208 Arlington 0.2620524080% $655,131 $982,697 $1,310,262
Bothell*** 0.2654558588% $663,640 $995,459 $1,327,279
Brier
Darrington
Edmonds 0.3058936009% $764,734 $1,147,101 $1,529,468
Everett^ 1.9258363241% $4,814,591 $7,221,886 $9,629,182
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891 $346,301 $519,451 $692,601
COML Council Packet 7-23-24, Page 241 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
%
Lynnwood 0.7704629214% $1,926,157 $2,889,236 $3,852,315
Marysville 0.3945067827% $986,267 $1,479,400 $1,972,534
Mill Creek 0.1227939546% $306,985 $460,477 $613,970
Monroe 0.1771621898% $442,905 $664,358 $885,811
Mountlake Terrace 0.2108935805% $527,234 $790,851 $1,054,468
Mukilteo 0.2561790702% $640,448 $960,672 $1,280,895
Snohomish 0.0861097964% $215,274 $322,912 $430,549
Stanwood
Sultan
Woodway
County Total: 11.8213083387% $29,553,271 $44,329,906 $59,106,542
COML Council Packet 7-23-24, Page 242 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Spokane County
Spokane County^ 5.5623859292% $13,905,965 $20,858,947 $27,811,930 Airway Heights
Cheney 0.1238454349% $309,614 $464,420 $619,227
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519% $97,409 $146,114 $194,818
Medical Lake
Millwood
Rockford
Spangle
Spokane^ 3.0872078287% $7,718,020 $11,577,029 $15,436,039 Spokane Valley 0.0684217500% $171,054 $256,582 $342,109
Waverly
County Total: 8.8808245947% $22,202,061 $33,303,092 $44,404,123
Stevens County
Stevens County 0.7479240179% $1,869,810 $2,804,715 $3,739,620
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179% $1,869,810 $2,804,715 $3,739,620
Thurston County
Thurston County^ 2.3258492094% $5,814,623 $8,721,935 $11,629,246 Bucoda
Lacey 0.2348627221% $587,157 $880,735 $1,174,314
COML Council Packet 7-23-24, Page 243 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Olympia^ 0.6039423385% $1,509,856 $2,264,784 $3,019,712
Rainier
Tenino
Tumwater 0.2065982350% $516,496 $774,743 $1,032,991
Yelm
County Total: 3.3712525050% $8,428,131 $12,642,197 $16,856,263
Wahkiakum County
Wahkiakum County 0.0596582197% $149,146 $223,718 $298,291
Cathlamet
County Total: 0.0596582197% $149,146 $223,718 $298,291
COML Council Packet 7-23-24, Page 244 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit G Settlement Alternatives
County Government Allocation $250M $375M $500M
Walla Walla County
Walla Walla County^ 0.5543870294% $1,385,968 $2,078,951 $2,771,935
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654% $785,192 $1,177,788 $1,570,384
County Total: 0.8684638948% $2,171,160 $3,256,740 $4,342,319
Whatcom County
Whatcom County^ 1.3452637306% $3,363,159 $5,044,739 $6,726,319
Bellingham 0.8978614577% $2,244,654 $3,366,980 $4,489,307
Blaine
Everson
Ferndale 0.0646101891% $161,525 $242,288 $323,051
Lynden 0.0827115612% $206,779 $310,168 $413,558
Nooksack
Sumas
County Total: 2.3904469386% $5,976,117 $8,964,176 $11,952,235
Whitman County
Whitman County^ 0.2626805837% $656,701 $985,052 $1,313,403
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491% $553,709 $830,564 $1,107,419
Rosalia
St. John
Tekoa
COML Council Packet 7-23-24, Page 245 of 292
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Uniontown
County Total: 0.4841643328% $1,210,411 $1,815,616
$2,420,822
COML Council Packet 7-23-24, Page 246 of 292
Regional ILA Establishing NCW-OAC Page 15
of 6
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Yakima County
Yakima County 1.9388392959% $4,847,098 $7,270,647 $9,694,196
Grandview 0.0530606109% $132,652 $198,977 $265,303
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384% $303,370 $455,054 $606,739
Tieton
Toppenish
Union Gap
Wapato Yakima 0.6060410539% $1,515,103 $2,272,654 $3,030,205
Zillah
County Total: 2.7192887991% $6,798,222 $10,197,333
$13,596,444
COML Council Packet 7-23-24, Page 247 of 292
Regional ILA Establishing NCW-OAC Page 16
of 6
EXHIBIT D TO CONTRACT ENTITY’S PRIORITIES GOVERNING THE ALLOCATION OF FUNDS
First Priority -Treatment: a. Treat Opioid Use Disorder (OUD):
• Improve immediate access to inpatient treatment and Detox (preference is
medically assisted program) with a prioritization of populations who are
unhoused and in the re-entry program. b. Support People in Treatment and Recovery:
• Improve coordination between systems to improve access to community
resources and housing. Second Priority - Other areas: a. First Responders:
• Current and future law enforcement expenditures relating to the opioid epidemic.
• Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
b. Leadership, planning and coordination:
• Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD
and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in the treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
Third Priority -Prevention: a. Prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids. b. Prevent misuse of opioids.
c. Prevent overdose deaths and other harms.
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EXHIBIT E TO CONTRACT
INTERLOCAL AGREEMENT ESTABLISHING NORTH CENTRAL WASHINGTON
OPIOID ABATEMENT COUNCIL
INTERLOCAL AGREEMENT BETWEEN
CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY,
CITY OF WENATCHEE, CITY OF EAST WENATCHEE, AND CITY OF MOSES LAKE
This Agreement is made by and between Chelan County, Douglas County, Grant County,
Okanogan County and the cities of Wenatchee, East Wenatchee, and Moses Lake, which are collectively
referred to as "Participating Local Governments" as that term is defined in the One Washington
Memorandum of Understanding Between Washington Municipalities, for the purpose of establishing the
Opioid Abatement Council (OAC) for the North Central Region, The Parties to this Agreement mutually
agree to the terms contained herein.
RECITALS
A. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are Participating Local Governments in the National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1 : 17md-02804-DAP.
B. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are also Participating Local Governments to the One Washington
Memorandum of Understanding Between Washington Municipalities (One WA MOU), a copy
of which is attached hereto as Attachment A and fully incorporated herein.
c. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are also Participants to the Allocation Agreement Governing the
Allocation of Funds Paid by the Settling Opioid Distributors in Washington State (Allocation
Agreement), a copy of which is attached hereto as Attachment B and fully incorporated herein.
D. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake have received the initial funds, and anticipate receipt of other
funds, resulting from settlements with and/or litigation against opioid pharmaceutical supply
chain participants.
E. Funds allocated to Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake pursuant to the One WA MOU, the Allocation Agreement, and other funds resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants shall be collectively referred to herein as "Opioid
Funds."
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F. Chelan, Douglas, Grant, and Okanogan counties as well as the cities of
Wenatchee, East Wenatchee and Moses Lake seek to establish the North Central Washington
Opioid Abatement Council (NCW-OAC) pursuant to Section C.4.h of the One WA MOU and
pursuant to Section 15 of the Allocation Agreement for the purposes of administering Opioid
Funds allocated to Chelan, Douglas, Grant, and Okanogan counties as well as the cities of
Wenatchee, East Wenatchee and Moses Lake consistent with the Approved Purposes set forth in
the One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation Agreement.
G. Tribal members are subject to separate agreements concerning Opioid Funds, are not
subject to the One WA MOU or the Allocation Agreement described herein.
H. This Agreement does not contemplate a joint budget between the Participating Local
Governments referenced herein, nor does this Agreement contemplate the joint acquisition of property by
the Participating Local Governments.
AGREEMENT
1. The foregoing Recitals A through H are true and correct and are incorporated
herein by reference as if fully set forth herein.
2. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee and Moses Lake or their designees hereby make up the membership of the
NCWOAC pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the
Allocation Agreement. Each Participating Local Government shall appoint a person qualified
under Section C.4.i of the One WA MOU to the NCW-OAC.
3. Pursuant to the One WA MOU Sections C.4.d and C.4.e, each Participating Local
Government elects to receive direct payment of the settlement funds for use for Approved
Purposes, as that term is defined in the One WA MOU, and Section 8 of the Allocation
Agreement, and each Participating Local Government shall maintain full discretion over the use
and distribution of their respective allocation of Opioid Funds, provided that the Opioid Funds
are used solely for Approved Purposes and for administrative costs as stated in Section 4 of this
Agreement.
4. Ten percent (10%) of Opioid Funds allocated to the Participating Local
Governments will •be reserved, on an annual basis, for administrative costs related to NCWOAC. Participating Local Governments or their designees will provide an annual accounting for actual costs and
any reserved funds that exceed actual costs will be reallocated to Approved Purposes in proportion to the Opioid Funds received by each Participating Local Government.
5. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5) years and such records shall be available for review by the Parties to this Agreement, government oversight authorities, and the public. Records requested by the public shall be produced in accordance with Washington's Public Records Act, RCW 42.56.001 et seq.
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6. The NCW-OAC will be responsible for the actions described in Section C.4.j. of
the One WA MOLT. The NCW-OAC may contract with a third party to carry out any or all of
the actions described in Section C,4.j of the One WA MOU.
7. Each Participating Local Government shall be responsible for undertaking the actions
provided in Section C.4.g of the One WA MOU.
8. If any Party to this Agreement believes another Party violated the terms of this
Agreement, the One WA MOU, and/or the Allocation Agreement, the alleging Party may seek judicial enforcement of the terms of this Agreement, the One WA MOU, and/or the Allocation Agreement. The Parties hereby stipulate that venue of any action shall be in accordance with Section E.3 of the One WA MOU. Prior to filing any such action, the alleging Party shall first provide the alleged offending party notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Party or alleged offending Party may be represented by their respective
public entity in accordance with Washington law.
9. Nothing in this MOU shall be interpreted to waive the right of any Party to seek judicial
relief for conduct occurring outside the scope of this Agreement that violates any Washington law. In
such an action, the alleged offending Party may be represented by their respective public entities in
accordance with Washington law. In the event of a conflict, any Party may seek outside representation to
defend itself against such an action.
10. If any agreements are entered into by NCW-OAC, these subsequent agreements shall be
subject to the terms and conditions of this Agreement establishing the NCW-OAC as it may be amended or superseded from time to time, except that in the event of an inconsistency between this Agreement and subsequent agreements, unless otherwise provided, the inconsistency is resolved by giving precedence in the following order:
a. Applicable Federal and Washington State Statutes and Regulations.
b. All terms and conditions in this Agreement, including the One WA MOU and the
Allocation Agreement.
c. This Agreement, as it may be amended or superseded from time to time.
d. Any other material incorporated herein by written reference.
e. Subsequent agreements.
11. The Parties, their employees, and agents shall not discriminate against any person
based on any reason prohibited by Washington state or federal law as adopted or subsequently
amended.
12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
13. This Agreement shall take effect upon the date of its full execution, and shall be
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Regional ILA Establishing NCW-OAC Page 20
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filed with the respective county auditors or listed on the Participating Local Governments' respective
websites as provided for in RCW 39.34.040. No amendments to this Agreement shall be valid or
binding on any Party unless such changes or additions are in writing and executed by all Parties.
14. Each Party represents that all procedures necessary to authorize such Party's execution of
this Agreement have been performed and that the person signing for such Party has been authorized to
execute this Agreement.
Approved this day of , 2023
CHELAN COUNTY BOARD OF COMMISSIONERS
Attest:
Approved this day of , 2023
DOUGLAS COUNTY BOARD OF COMMISSIONERS
Dan Sutton, Chair
Kyle Steinburg, Commissioner
Marc Straub, Commissioner
Attest:
Tiana Rowland, Clerk of the Board
COML Council Packet 7-23-24, Page 252 of 292
Regional ILA Establishing NCW-OAC
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filed with the respective county auditors or listed on the Participating Local Governments'
respective websites as provided for in RCW 39.34.040. No amendments to this Agreement
shall be valid or binding on any Party unless such changes or additions are in writing and
executed by all Parties.
14. Each Party represents that all procedures necessary to authorize such Party's
execution of this Agreement have been performed and that the person signing for such Party
has been authorized to execute this Agreement.
Approved this day of 2023
CHELAN COUNTY BOARD OF COMMISSIONERS
Tiffany Gering, Chair
Shon Smith, Commissioner
Kevin Overbay, Commissioner
Attest:
Carlye Baity, Clerk of the Board
Approved this day of , 2023
DOUGLAS COUÑYB
COML Council Packet 7-23-24, Page 253 of 292
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
Tiana Rowland, Clerk of the Board
4
L) day Of 2023
GRANT COUNTY BOARD OF COMMISSIONERS
Danny Stone, Chair
Attest:
Barb J, Va quez, Clerk f the Board
Approved this day of2023
OKANOGAN COUNTY BOARD OF
COMMISSIONERS
Andy Hover, Chair
Chris Branch, Commissioner
Jim DeTro, Commissioner
Attest:
Lanie Johns, Clerk of the Board
Cindy Carte Commissione
COML Council Packet 7-23-24, Page 254 of 292
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
5
day 2023
GRANT COUNTY BOARD OF COMMISSIONERS
Danny Stone, Chair
Rob Jones, Commissioner
Cindy Carter, Commissioner
Attest:
Barbara J. Vasquez, Clerk of the Board
Approved this day of , 2023
OKANOGAN COUNTY BOARD OF
COML Council Packet 7-23-24, Page 255 of 292
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
5
COML Council Packet 7-23-24, Page 256 of 292
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
Attest:
uny McCor , City Clerk
Approved this day 2023
CITY OF EAST WENATCHEE
Approved this day of2023
CITY OF MOSES LAKE
Kevin Fuhr, Interim City Manager
Attest:
Debbie Burke, City Clerk
6
day 2023
Attest:
aura Leon, City lcrk
COML Council Packet 7-23-24, Page 257 of 292
NCW-.OAC
CITY OF WENATCHEE
Frank Kuntz, Mayor
Attest:
Tammy McCord, City Clerk
Approved this day of2023
CITY OF EAST WENATCHEE
Jerrilea Crawford, Mayor
Attest:
Laura Leon, City Clerk
Approved this day of2023
CITY OF MOSES LAKE
Kevin Fuhr, Interim City Manager
Attest:
Debbie Eke
Debbie Burke, City Clerk
COML Council Packet 7-23-24, Page 258 of 292
Approved this of
Regional ILA Establishing NCW-OAC Page of 6
Regional ILA Establishing
Page 6 of 6
Document Ref: 6NNUJ-XVKQL-JPCCT-EM4G3
Page 7
COML Council Packet 7-23-24, Page 259 of 292
2024-OPIOID-01 - Carelon
Signature Certificate
Reference numbed 6NNUJ-XVKQL-JPCCT-EM4G3
Signer Timestamp
Kevin Fuhr
Email: kfuhr@cityofml.com Shared via link
Sent: 16 Jun 2023 17:10:53 UTC Viewed: 22 Jun 2023
UTC
Signed. 22 Jun 2023 01:27:36 UTC
Debbie Burke
Email: dburke@cityofml.com
Sent: 16 Jun 2023 UTC
Viewed: 16 Jun 2023 UTC Signed: 22 Jun 2023
UTC Recipient Verification:
'Email verified 16 Jun 2023 19:16:31 UTC
Document completed by all parties on: 22
Jun 2023 19:34:15 UTC
Page 1 of 1
Signed with PandaDoc
PandaDoc is a document workflow and certified Signature solution trusted bÿ 40,000+ companies worldwide.
Signature
IP address: 174.216.158.31
Location: Washington, United States
Debbie garke
IP address: 63.135.54.162 Location: Moses Lake, United States
COML Council Packet 7-23-24, Page 260 of 292
2024-OPIOID-01 - Carelon
EXHIBIT F TO CONTRACT
NCWOAC MEMBER PROPOSAL/BUDGET SUMMARY SHEET
Total Contract Expenses $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
COML Council Packet 7-23-24, Page 261 of 292
2024-OPIOID-01 - Carelon
EXHIBIT G TO CONTRACT ENTITY FUNDING SUMMARY
FUNDING ENTITY ANNUAL AMOUNT TOTAL AMOUNT
Chelan County $105,733.95 $528,669.74
Douglas County $55,920.54 $279,602.68
Grant County $141,253.82 $706,269.10
Okanogan County $29,779.40 $148,896.99
City of East Wenatchee $3,875.95 $19,379.76
City of Moses Lake $29,555.98 $147,779.90
City of Wenatchee $42,200.00 $211,000
CONTRACT TOTAL: $408,319.64 $2,041,598.17
CONTRACTOR 10% (Maximum Allowable) $40,831.96 $204,159.82
COML Council Packet 7-23-24, Page 262 of 292
2024-OPIOID-01 - Carelon
COML Council Packet 7-23-24, Page 263 of 292
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Fiscal and Policy Implications
Mayor and City Council 18581
Mike Jackson, Interim City
Manager Administration
7/23/2024 New Business
Contracted Plan Reivew and Building Official Services with CWA Consultants
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
68,500.00$68,500.00$0.00$
Approve the Professional Services Agreement with CWA Consultants for contracted plan review and Building
Official services.
Packet Attachments (if any)
CWA Professional Services Agreement and Exhibit A Consultants Proposal Revised - Moses Lake.pdf
Overview
The City of Moses Lake has vacancies in the Building Official and Deputy Building Official positions. These
positions would typically review commercial and residential building plans for the city. The Expenditure Required
amount is simply based on the funds available from the Building Official vacancy for the remainder of the year.
The cost of service will be based on the number of plans reviewed and number of hours that Building Official
Services are required. The Building Official Services are on an as needed basis. The plan review fees are based
on a percentage of the Cities established Plan Review Fees. The proposed fees are on page 13 of the CWA
Proposal. Should the contract exceed $68,000, there are funds available in the vacant Deputy Building Official
Position.
None. The funds are available from 2024 Budget due to vacancies of Building Official and Deputy Building
Official.
Options and Results
COML Council Packet 7-23-24, Page 264 of 292
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Approve Contract
Council could not approve and request other options, but time is of the essence for the proposed services.
Staff will bring back options for recommended changes if needed.
The city would rapidly fall behind in Commercial plan review and to some extent residential plan review. This
would slow development and cause poor customer relations.
COML Council Packet 7-23-24, Page 265 of 292
AGREEMENT FOR CONSULTANT SERVICES FOR OWNER’S REPRESENTATION FOR PLAN REVIWEW AND BUILDING OFFICIAL SERVICES
CITY OF MOSES LAKE
THIS AGREEMENT AND CONTRACT made and entered into at Moses Lake, Washington this 24TH day of July, 2024 by and between the CITY OF MOSES LAKE, State of Washington, hereinafter called the "City" and CWA Consultants, Structural Engineering and Building Code Consultants a professional service corporation duly authorized to perform consultant services in the State of Washington, hereinafter called the "Consultant".
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE I - DEFINITIONS
Whenever the term "City" is used herein, it is understood to mean the City of Moses Lake, of Grant County, Washington, or its authorized officers and the term "Consultant" means CWA or
its authorized representative.
ARTICLE II - OBLIGATIONS OF THE CONSULTANT 1. Basic Services The basic services contemplated to be performed by the Consultant are outlined hereinafter. The City retains the right to perform any and all specific elements of such services and to accordingly reduce the work by the Consultant and remuneration to the Consultant by written modification to this Agreement or any subsequent task order.
The basic services to be performed by the Consultant under this agreement are as follows:
Provide professional plan review services and building official services.
The scope of work is for providing owner representation further detailed in Exhibit A. Plan Review Proposal for the City of Moses Lake, July 16,2024
The City shall furnish the necessary information to direct each task order to be performed by the Consultant, and the Consultant shall rely upon the accuracy and completeness of the provided information. A. The Consultant shall supply the City with sufficient data to support their work and
conclusions.
COML Council Packet 7-23-24, Page 266 of 292
B. If required by the task order, the Consultant shall, at the conclusion of the work, provide the City with a project report. The Consultant will accept the responsibility for all work involved in the production of the report.
D. The parties intend that an independent Consultant/City relationship will be created
by this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, servant or representative of the Consultant shall be deemed to be an employee, agent, servant or representative of
the City for any purpose, and the employees of the Consultant are not entitled to
any of the benefits the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. However, the results of the work contemplated herein must meet the
approval of the City and shall be subject to the City’s general rights of inspection
and review to secure the satisfactory completion thereof. 2. Special Services Certain special services may be required to support the basic services to complete the tasks and assignments required by the City. The type and extent of such special services cannot be determined at the time of execution of this agreement. However, the Consultant agrees to perform such special services as may be required to accomplish the objectives assigned by the City; providing, however, the Consultant feels capable of performing such special services. Payment for this work shall be as agreed to in writing by both parties prior to beginning said work. Both the City and the Consultant shall mutually agree, in
writing, to any special services, additional services, and/or changes in services under this agreement.
3. Nondiscrimination A. The City is an equal opportunity employer. B. Nondiscrimination in Employment. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment
on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that
employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
programs for training including apprenticeships. The Consultant shall take such
COML Council Packet 7-23-24, Page 267 of 292
action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment.
C. Nondiscrimination in Services. The Consultant will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap.
D. If any assignment and/or subcontracting has been authorized by the City, said assignment or subcontract shall include appropriate safeguards against discrimination. The Consultant shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs
herein.
4. Indemnification
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 5. Ownership of Instruments of Service
The service provided by Consultant is intended for one time use only. The City shall own all reports, field data, field notes, laboratory test data, calculations, estimates, plans, specifications, record drawings, and other documents prepared by the Consultant. The
Consultant shall provide the City with two hard copies and an electronic copy of any final report(s) required as deliverables of an approved task order. Final payment will not be made until Consultant provides the City with all reports, drawings, documents, and services prescribed under an approved task order. Any reuse of the deliverables beyond the scope of services outlined in a governing task order is prohibited without written
authorization from the Consultant. Any reuse of the deliverables, including use by a third party, shall be without liability to the Consultant.
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6. Right of Entry The City will provide for the right of entry for the Consultant, its subcontractors, and all
necessary equipment in order to complete the work under this agreement. Any damage to property by the Consultant due to negligence of the Consultant or its employees shall be the responsibility of the Consultant.
7. Control of Work and Job-Site Safety
The Consultant shall be responsible only for its activities and that of its employees, sub- consultants, and specialty contractors on any site. The Consultant will not direct, supervise or control the work of other consultants and contractors or their subcontractors. Insofar as job site safety is concerned, the Consultant is responsible only for the health and safety of its employees, sub-consultants, and specialty contractors employed by the Consultant in
carrying out its work. Nothing herein shall be construed to relieve the City of Moses Lake or any other consultant or contractors from their responsibilities for maintaining a safe job site.
8. Taxes
Consultant accepts full and exclusive liability as between itself and The City for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Consultant or its subconsultants, or assignees for the work to be performed hereunder, or which arise by virtue of Consultant’s employment, and which now or hereafter may be imposed by any governmental authority.
Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker’s Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. Consultant shall comply with all laws and administrative regulations relating to such contributions or taxes.
Consultant accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Consultant by the City for Consultant’s performance of this Agreement. Consultant shall complete and maintain its registration with the Washington State
Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. 9. Compliance with Laws and Warranty
A. The Consultant, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services.
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B. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement.
C. The Consultant represents that it has the skills and knowledge necessary to competently provide the services set forth in Exhibit A CWA Plan Review Proposal for the City of Moses Lake dated July 13, 2024 and agrees to provide the professional services under this Agreement in accordance with the care and skill
ordinarily used by members of the same profession practicing under similar
conditions at the same time and in the same locality. The Consultant further agrees that it shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Consultant will re-perform at the City’s request any
services not meeting this standard without additional compensation.
ARTICLE Ill - OBLIGATIONS OF THE CITY
1. Authorization The work required under this Agreement or any subsequent task order shall not begin, nor
shall the City assume any obligation for the work involved until the Consultant is given authorization to proceed. Such authorization by the City Manager of Moses Lake shall not become effective prior to the date of execution of this Agreement or any task order specifically drafted for the work in question. 2. Information and Data In order to facilitate the work as outlined above, the City shall furnish to the Consultant all information having a bearing on the project that the City has, as requested by the Consultant. 3. Remuneration
For the professional services as outlined in Exhibit A, the City shall reimburse the Consultant on a monthly basis for an invoice submitted by the Consultant as approved by the City pursuant to the rates and authorized expenses as outlined in Exhibit A. The City may require the invoice to reflect the Consultant’s original task order fee estimate to
complete the work that was accomplished during the invoice period. No payment made to Consultant shall be construed as an acceptance of work or any portion thereof.
ARTICLE IV - INSURANCE A. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents,
COML Council Packet 7-23-24, Page 270 of 292
representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession.
C. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance:
COML Council Packet 7-23-24, Page 271 of 292
i. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the contract. City Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether
any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant.
ARTICLE V-GENERAL PROVISIONS
1. Termination
The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered
by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice.
The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of the provisions of the Agreement.
COML Council Packet 7-23-24, Page 272 of 292
In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with
the payment provisions of this Agreement. If the Consultant has any property in its
possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City.
2. Personal Liability of Public Officials
Neither the City employees nor any elected official of the City shall be personally responsible for any liability arising under or growing out of this Agreement.
3. Time Limitations and Jurisdiction
For the convenience of the parties to the Agreement it is mutually agreed by the parties that any claims or causes of action which the Consultant has against the City arising from the Agreement shall be brought within 180 calendar days from the date of the end of the Agreement; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of Grant County. The parties understand and agree that the Consultant's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which the Consultant asserts against the City arising from the Agreement are filed, the Consultant shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or action.
4. Assignment and Subcontracting A. The Consultant shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the City, and it is further
agreed that said consent must be sought in writing by the Consultant not less than thirty (30) days prior to the date of any proposed assignment. The City reserves the right to reject without cause any such assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. C. Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the City.
D. The Consultant shall be responsible and liable for the performance of its consultants, subcontractors or assignees who perform any portion of the work or services and shall provide in written agreements with them the same duties and
obligations required of the Consultant under this Agreement. The City shall incur
no additional costs as a result of any such subcontract or assignment and no liability to any subcontractor or assignee.
COML Council Packet 7-23-24, Page 273 of 292
5. Changes
Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. A change in scope of
services shall be approved by the City and executed in writing by the City Manager before
any changes in the scope of services are authorized. All terms and conditions contained in this Agreement shall be applicable to any change in the scope of services. 6. Notice
Any notice that any party hereto desires or is required to give the other party shall be made in writing and sent by certified mail, return receipt requested. Any such notice shall be deemed delivered upon deposit thereof in the United States mail with postage prepaid, addressed as follows:
The City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
Any party may change the address hereinabove specified by giving written notice thereof to the persons identified in this Section.
7. Severability A. If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions. 8. Entire Agreement
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the
performance of the provisions of this Agreement. It is also agreed by the parties that the
COML Council Packet 7-23-24, Page 274 of 292
forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
9. Counterparts This Agreement may be executed in counterparts, each of which, when combined, shall constitute one single binding agreement.
10. No Presumption Against Drafter This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
11. Litigation Assistance If required, the Consultant agrees to assist the City in its preparation for arbitration,
adjudication, or administrative proceedings and to testify and otherwise to provide
evidence on the City’s behalf herein. Compensation for said services shall be based upon a time and material basis to be negotiated and agreed upon by the parties. 12. Waiver
Waiver by the City of any default or breach of the Consultant of any provisions of this Agreement shall have no force or effect unless in writing, nor shall any waiver by the City of any default or breach of the Consultant be construed as a waiver of any other future default or breach of the same provision or any other provision of the Agreement.
ARTICLE VI - SERVICES
I. Scope of Work
The Consultant shall assist the City and provide owner representation for Professional Plan Review Services and Building Official Services as outlined in Exhibit A;
II. Consultant’s Payment
Payment to the Consultant will be made after the billings have been approved by the City Council. The City Council meets on the second and fourth Tuesday of each month. Billings received prior to the Tuesday preceding the Council meeting will be processed for the
upcoming meeting. Consultant shall submit documentation, signed by the Consultant’s principal, listing personnel and their dates and hours worked.
Fees shall be as listed in Exhibit A and are limited to those charges unless written advance authorization is provided by the City.
COML Council Packet 7-23-24, Page 275 of 292
This agreement expires ________________, 202_, unless an extension is mutually agreed to in writing by principals of both parties.
CITY OF MOSES LAKE CWA CONSULTANTS
By:_____________________________ By:_______________________________
____________________
Director Title: __________________
By:_____________________________ Date:_____________________________
Mike Jackson
Interim City Manager
APPROVED AS TO FORM:
________________________________ Date:_____________________________
Katherine L. Kenison
City Attorney
COML Council Packet 7-23-24, Page 276 of 292
CWA Consultants
Request for Proposal Response
For the City of Pullman
May 28, 2015
Plan Review Proposalfor the City of Moses Lake
July 16, 2024
CWA Consultants
COML Council Packet 7-23-24, Page 277 of 292
8675 E. Caraway Road, Port Orchard, WA 98366 (360) 871-5433 FAX: (360) 871-5633 E-Mail: chuck@cwaconsultants.net
July 13, 2024
City of Moses Lake
ATTN: Mike Jackson
City Manager
321 South Balsam Street
Moses Lake, WA 98837
mjackson@cityofml.com
Dear Mr. Jackson,
We are pleased to present you with our proposal to provide professional plan review services on an as-
needed basis for the City of Moses Lake. CWA Consultants has been in business since 1998, providing
structural and non-structural plan review services to cities and jurisdictions throughout the Northwest
Region for commercial, industrial and residential (multi- and single-family) building types. Our unique
commitment to Washington State began with my time at ICBO, where I built relationships with many
building officials by fielding code questions, providing training and delivering plan review services. I was
also directly involved in developing the first version of the Washington State Energy Code.
Our Vice President, Richard Williams, is continuing this tradition with his involvement with the
WABO/ICC code development process and his membership on the A117.1 Accessibility Committee.
Collectively, our background has enriched our firm with a unique and invaluable perspective and level of
experience.
Please consider the following proposal to provide effective plan review services that meet your budgets
and timelines – traits that have set CWA Consultants apart for over 26 years. Feel free to contact us if
you have questions or would like additional information.
Sincerely,
Charles J. Williams, P.E., S.E.
President, CWA Consultants, P.S.
PO Box 219
Manchester, WA 98353
chuck@cwaconsultants.net
(360) 871-5433
8675 E. Caraway Road, Port Orchard, WA 98366 (360) 871-5433 FAX: (360) 871-5633 E-Mail: chuck@cwaconsultants.net
8675 E. Caraway Road, Port Orchard, WA 98366 (360) 871-5433 FAX: (360) 871-5633 E-Mail: chuck@cwaconsultants.net
8675 E. Caraway Road, Port Orchard, WA 98366 (360) 871-5433 E-Mail: chuck@cwaconsultants.net
CWA CONSULTANTS, P.S.
STRUCTURAL ENGINEERING
BUILDING CODE CONSULTANTS
COML Council Packet 7-23-24, Page 278 of 292
2
FIRM SIZE, NUMBER OF CLIENTS, MANAGING DELIVERY/TURNAROUND
REQUIREMENTS
CWA Consultants employs two full time employees – Chuck Williams and Richard Williams. We currently
provide plan review services for 18 jurisdictions on a regular basis. We believe our firm is properly sized
to allow us to stay attentive and committed to the needs of our clients, while at the same time providing
them with high-quality plan review services. And because of our size, we can deliver our services at a
cost savings to our clients.
Chuck Williams, P.E., S.E., will perform structural, non-structural, energy and mechanical plan reviews.
Chuck is well known and respected in his field and spent many years as an instructor for ICBO and ICC.
Richard Williams will perform non-structural, accessibility and energy reviews. Richard is a WABO
representative on the A117.1 standards committee, which oversees changes to the A117.1 Accessibility
Standard. His extensive Information Technology background makes him a strong resource for electronic
plan reviews. He has worked directly with the staff of several jurisdictions to train them on best
practices for reviewing plans using the latest electronic plan review software programs.
Although our current staff size is sufficient to meet the needs of our clients, including the City of Moses
Lake, CWA Consultants will retain additional resources – Mark Tullis, Mike Barth, Jeff Curtis, Hoyt Jeter
and Derek Gust – on an as-needed basis for all projects. Mark Tullis will conduct Plumbing Code reviews
as required. Mark has considerable experience in the plumbing field, and we have worked with him
exclusively as our plumbing reviewer for the last 19 years. Mike Barth will perform non-structural,
accessibility, LEEDS and mechanical plan reviews. He is an excellent all-around resource with many years
of experience as a building official in Washington State. Jeff Curtis and Hoyt Jeter will assist with
structural reviews (Jeff may also perform nonstructural reviews), while Derek Gust will handle all Fire
Code reviews.
COML Council Packet 7-23-24, Page 279 of 292
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PERSONNEL DETAILS (QUALIFICATIONS, EXPERIENCE, ETC.)
CHARLES J. WILLIAMS, P.E., S.E.
PRESIDENT, CWA CONSULTANTS, P.S.
PO BOX 219; MANCHESTER, WA 98353
360 871 5433
CHUCK@CWACONSULTANTS.NET
QUALIFICATIONS/
CERTIFICATIONS
Professional Civil Engineer and Structural Engineer – Alaska, California,
Hawaii, Washington.
Mr. Williams is a registered civil and structural engineer with approximately 50
years of varied engineering experience. Since 1973, he has been involved
in code enforcement as a plan review engineer. Prior to forming CWA
Consultants, he was employed by ICBO to perform structural and nonstructural
plan review for compliance with the Uniform Building Codes. He gained a
reputation fielding code questions from building officials, architects and other
professionals throughout the Pacific Northwest. He was also actively involved in
training as a seminar instructor for both structural and fire/life safety courses.
As a self-employed consulting engineer, Mr. Williams has reviewed a wide
range of projects, including high-rise apartment buildings, semiconductor
fabrication plants, data centers, hospitals, schools, mixed-use buildings,
detention centers and more. He also reviews and designs multi- and single-
family dwellings. He is a current and active member of ICC, WABO and ASCE.
EXPERIENCE
CWA Consultants, P.S.
President (January 1, 1998 – Present)
Structural design and plan review services for local jurisdictions. Seminar
instructor for ICC.
International Conference of Building Officials
Senior Staff Engineer (October 1985 – December 1997)
Supervisor for plan review services – provided complete structural and
nonstructural review of major projects for compliance with the Uniform
Building and Mechanical Codes, and the Washington State Accessibility and
Energy Codes. Manager of the Energy Codes Clearinghouse for the Northwest;
responsible for maintenance of updates for the Northwest Energy Code.
Chuck Williams Associates
President (June 1982 – October 1985)
Consulting engineer responsible for the design of and plan preparation for
several large residential and commercial projects, including a 300-unit
condominium in San Diego, California, and a retail/office complex in
Redding, California.
Gang-Nail, Inc.
Commercial Sales Engineer (October 1979 – June 1982)
Prepared cost estimates and supervised the preparation of working
drawings, contract negotiations and field inspections of truss systems for
damage assessment.
COML Council Packet 7-23-24, Page 280 of 292
4
State of California, Department of Housing
Civil Engineer (June 1973 – September 1979)
Performed structural plan checking of factory-built housing units, and plan
checking of major commercial and residential projects for compliance with
State Energy Regulations.
State of California, Division of Highways
Engineering Aide (September 1967 – June 1973)
Performed vertical and horizontal curve calculations, design of major storm
drain systems for large freeway projects, and general engineering design.
State of California, Department of Water Resources
Engineering Aide (September 1965 – September 1967)
Prepared soil and concrete tests to determine compliance with specifications.
EDUCATION
Bachelor of Science, Civil Engineering, California State University, Los Angeles;
Master’s degree in engineering, Mechanical, California State University,
Long Beach
MEMBERSHIPS
ICC
WABO
ASCE
AISC
SEAW
International Code Council
Washington Association of Building Officials
American Society of Civil Engineers
American Institute of Steel Construction
Structural Engineers of Washington
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RICHARD A. WILLIAMS
VICE PRESIDENT, CWA CONSULTANTS, P.S.
4105 SW FRONTENAC ST; SEATTLE, WA 98136
206 793 7130
RICHARD@CWACONSULTANTS.NET
QUALIFICATIONS/
CERTIFICATIONS
ICC Certified Plans Examiner
18 years with CWA Consultants as Contractor and Plans Examiner
14 years of project management experience in the Information Technology field
EXPERIENCE
CWA Consultants, P.S.
Certified Plans Examiner (2011 – Present)
Provide nonstructural and accessibility plan review services. Experience includes residential
and commercial, including middle schools, high schools, university facilities, multi-story
apartment complexes, hotels and tenant improvement projects.
Contractor (2005 – 2011)
Acted as Contractor in new construction and remodeling of single-family homes. Activities
included coordinating all subcontractors, managing all stages of the permitting and inspection
processes, and performing construction on all projects.
Mercer Human Resource Consulting; Chicago, IL
Midwest Region IT Project Manager (2001 – 2005)
Oversaw all office move operations related to Information Technology (IT) for the Midwest
Region, including new or remodeled spaces in Cleveland, Columbus, Detroit, Milwaukee,
St. Louis and Pittsburgh.
Coordinated with trades to design, specify and implement the installation of server room
facilities and low voltage wiring in all new offices.
Managed a team of IT professionals to successfully implement required operations related to
each office move.
Valuation Counselors; Chicago, IL
IT Project Manager (1998 – 2001)
Managed and implemented a variety of projects across the U.S., including new server rollouts,
software upgrades and rollouts, and office relocations.
Deloitte & Touche; Chicago, IL
IT Project Manager (1997 – 1998)
Managed and implemented a variety of projects for the Chicago Office, including email,
telecomm systems, and server maintenance and implementation.
Valuation Counselors; Chicago, IL
IT Network Administrator (1993 – 1998)
Managed all IT operations across four office locations. Implemented a Wide Area Network and
email system to connect all offices, established new servers for all offices, and upgraded 150
company PCs.
EDUCATION
DePaul University, Chicago 1991 – 1993
University of California at Irvine 1989 – 1990
MEMBERSHIPS
ICC
WABO
APA
International Code Council
Washington Association of Building Officials
Accessibility Professionals Association
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MARK L. TULLIS
PLUMBING PLANS EXAMINER
20035 SE 302ND CT.; KENT, WA 98042
206 683 7080
MTULLIS137@MSN.COM
QUALIFICATIONS/
CERTIFICATIONS
Journeyman PLO1 Plumber
Plumbing Inspector
Plumbing Plan Reviewer
ICC Combination Dwelling Inspector
Certified Erosion/Sediment Control Lead (Clear and Grade Inspector) with the City Of
Bellevue, Washington
EXPERIENCE
Mr. Tullis has been inspecting, reviewing, interpreting, designing and teaching the Uniform
Plumbing Code in the Greater Seattle area since 1989. He retired from the City of Bellevue in
June 2018. His previous boss was Gregg Schrader, Building Official for the City of Bellevue;
his Plumbing/Mechanical Supervisor was Mark Muld; and his Clear and Grade Supervisor
was Tom McFarlane.
Mr. Tullis was selected in 1998 and again in 2010 as Employee of the Year at the
City of Bellevue.
NW Chapter of IAPMO
Chairperson (2000 – 2003)
Seattle Local 32 Pipe Trades Apprenticeship
Plumbing Theory Instructor and UPC Code Update Instructor (1995 – 2008)
University Mechanical
Journeyman Plumber (1987 – 1989)
W.A. Botting Co.
Journeyman Plumber (1983 – 1987)
MacDonald Miller Co.
Journeyman Plumber (1976 – 1983)
Seattle Plumbers and Pipe Fitters Union Local 32 Apprenticeship Program
Apprentice Plumber (1976)
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MICHAEL J. BARTH, M.C.P.
PRESIDENT, CODEPROS, LLC
P.O. BOX 185; ALLYN, WA 98524
360 801 0543
MBARTH@CODEPROSWA.COM
QUALIFICATIONS/
CERTIFICATIONS
ICC Certified Master Code Professional (MCP)
ICC Certified Building Official (CBO)
ICC Certified Building Code Official
WABO Accredited Code Official (ACO)
AACE Code Enforcement Administrator
AACE Property Maintenance & Housing Inspector
ICC Accessibility Inspector/Plans Examiner
ICC Building Inspector
ICC Building Inspector UBC
ICC Building Plans Examiner
ICC Building Plans Examiner UBC
ICC Combination Inspector
ICC Commercial Combination Inspector
ICC Commercial Electrical Inspector
ICC Commercial Energy Plans Examiner
ICC Electrical Inspector
ICC Fire Inspector I
ICC Mechanical Inspector
ICC Mechanical Plans Examiner
ICC Certified Mechanical Code Official
ICC Plumbing Inspector
ICC Plumbing Plans Examiner
ICC Certified Plumbing Code Official
ICC Property Maintenance & Housing Inspector
ICC Certified Housing Code Official
ICC Residential Combination Inspector
ICC Residential Electrical Inspector
EXPERIENCE
CodePros, LLC; Allyn, WA
President/Building Official (2010 – Present)
SAFEbuilt Washington
Chief Building Official/Washington Operations Manager (2008 – 2010)
Kitsap County, Washington
Chief Building Official (2001 – 2008)
Mason County, Washington
Plans Examiner (1999 – 2001)
Decatur, Alabama
Code Enforcement Officer (1997 – 1999)
Skilled Nursing Living Center – WA Veteran’s Home; Port Orchard, WA
172,000 sq. ft., 2 story + basement, 240 units
Group I-2 occupancy, Type I-A construction, Seismic D2
Senior Living Center – Vintage at Silverdale; Silverdale, WA
140,000 sq. ft., 4 story + basement
Group R-2/A-2 occupancies, Type V-A construction, Seismic D2
COML Council Packet 7-23-24, Page 284 of 292
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Hospital – Coulee Medical Center; Grand Coulee, WA
68,000 sq. ft., 1 story
Group I-2 occupancy, Type II-A construction, Seismic D1
University – CWU Hogue Hall Expansion; Ellensburg, WA
61,400 sq. ft., 4 story + basement
Group B (university) occupancy, Type II-B construction, Seismic D1
University – CWU Barto Residential Hall; Ellensburg, WA
116,000 sq. ft., 4 story (188 unit residential dormitory)
Group R-2/A occupancy, Type II-A construction, Seismic D1
Educational – Kingston High School; Kingston, WA
110,000 sq. ft., 2 story
Group E/A-3/A-4 occupancies, Type II-A construction, Seismic D2
Hotel – Oxford Suites; Silverdale, WA
55,000 sq. ft., 4 story + basement
Group R-1/A-2 occupancies, Type V-A construction, Seismic D2
Institutional – Kittitas County Jail; Ellensburg, WA
12,200 sq. ft., 118 bed, 2 story
Group I-3, Restrained Cond. 3 Jail Expansion, Type II-B, Seismic D
Numerous Data Centers – Yahoo!, Microsoft, Sabey, etc.; Quincy, WA
400,000 sq. ft.+, Electronic Data Centers
Group B, Types I-A/II-B/V-B construction, Seismic D
Medical Center – Doctor’s Clinic; Silverdale, WA
56,000 sq. ft., 3 story
Group B occupancy, Type V-A construction, Seismic D2
Multiple Apartment and Condo Complexes – Various locations
Up to 5 story, mixed use with retail and office at grade level
Group R/M/B occupancy, Type V-A/II-A const., Seismic D2, D1 and C
Numerous Commercial, Industrial, Assembly, Government, Aircraft Maintenance, and
Multi-Family Residential Buildings
MEMBERSHIPS
ICC
WABO
AACE
WA-SBCC
OPCICC
NAHB
International Code Council
Washington Association of Building Officials
American Association of Code Enforcement
Technical Advisory Group Member, WA State Building Code Council
(Past President) Olympic Peninsula Chapter ICC
(Former member) National Association of Home Builders
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HOYT JETER
PRESIDENT, CLARITY CONSULTING
PO BOX 523
13013 LALA COVE LANE; OLLALA, WA 98359
206 356 7790
HOYT@CLARITYCONSULTINGENGINEERS.COM
QUALIFICATIONS/
CERTIFICATIONS
Professional Engineer State of Washington #38551
ICC Certified Inspector and Plans Examiner
EXPERIENCE
· Licensed professional engineer in Washington State
· 27 years in structural design and code plan reviews in Washington State and
throughout USA
· 15 years as instructor of building codes and as ICC-approved instructor
· Long-term member of NCEES, assisting in the development of the Professional
Engineering Exam
· Long-term member of WABO and ICC
· Technical advisor for the adoption of the Washington State Building Code
· Founder of Eagle Eye Consulting Engineers — 2003
· Founder of Clarity Consulting Engineers — 2015
2015 – Present - Clarity Consulting Engineers
President | Owner
2012 – Nov 2015 - West Coast Code Consultants (WC3) dba Eagle Eye Consulting Engineers
Northwest Regional Manager | Sr. Structural Plan Reviewer
Managed the plan review and building inspection services and staff of the WA Regional Office
of WC3 located in Tacoma, WA. Projects - Townhomes, High-Rise Apartment, Schools,
Hotels, SFRs.
2003 – 2012 - Eagle Eye Consulting Engineers
President | Owner | Engineer and Plan Reviewer | Building Code Instructor
Over 1,500 plan reviews: Projects - Townhomes, Performance Art Center, Schools,
Hotels, SFRs.
1999 – 2003 - BIY Northwest, Inc.
Northwest Regional Manager | Structural Plan Reviewer
1990 – 1999 - Engineers Northwest and Symonds Consulting Engineers
Structural Design Engineer
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JEFFREY J. CURTIS, P.E.
PLANS EXAMINER
MOUNTSIMEDIA@CENTURYTEL.NET
QUALIFICATIONS/
CERTIFICATIONS
Professional Engineer State of Washington
ICC Certified Plans Examiner
EXPERIENCE
· Licensed professional engineer in Washington State since 1998.
· ICC CerMfied Building Plans Examiner since July 2006.
· Over 28 years of experience in plan review and structural engineering in both the private
and public sectors (26 years of plan review at the city and county level).
· EducaMon includes a bachelor's degree in civil engineering and a master's degree in
structural/geotechnical engineering, both from the University of Washington.
· Plan review experience includes complete structural and non-structural reviews of a wide
variety of commercial, residenMal and mulM-family buildings including 5-story wood-frame
podium apartments, mulM-story steel buildings, storage faciliMes, restaurants, retail
buildings, medical/lab faciliMes, government buildings, schools, office buildings, luxury
single family homes and all tenant improvements.
· Reviews include structural codes, building code, plumbing code, accessibility, energy
code, mechanical code and other related codes. Reviews also include complete structural
review of miscellaneous structures such as detenMon vaults, shoring, retaining walls,
cellular communicaMon towers, shoreline abutments, crane rails, signs, fencing, water
storage tanks, pedestrian bridges and pump staMons.
· Structural design experience includes complete structural design of low- to mid-rise
structures including residenMal, “big box” commercial, warehouse and industrial buildings
along with miscellaneous structures such as equipment towers, detenMon vaults and
retaining walls.
EDUCATION Master of Science Structural/Geotechnical Engineering - University of Washington, 1993
Bachelor of Science Civil Engineering, Magna Cum Laude - University of Washington, 1991
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CWA PROFESSIONAL REFERENCES
Reference Type and Date of Service
David Swasey
Building Official, City of Bothell
9654 NE 182nd Street
Bothell, WA 98011
david.swasey@bothellwa.gov
(425) 806-6413
· Forest Ridge Apartments; Bothell, WA: 123,000 Sq. ft;
6 story building (2024)
· Husky Village Buildings A-D; Bothell, WA: 350,000 Sq.
ft; 6 story – 4 separate buildings (2021)
· Tenant Improvements: Completed over 100 Tenant
Improvement projects in recent years (2018 – 2024)
Terry Mourning
Building Official, City of Cheney
112 Anderson Road
Cheney, WA 99004
tmourning@cityofcheney.org
(509) 498-9229
· EWU Science Renovation; Cheney, WA: 175,000 Sq. ft;
2-story building (2022)
· EWU Cheney Hall Alteration; Cheney, WA: 31,400 Sq.
ft; 2-story building (2022)
· Cheney HS Alteration and Addition: 245,000 Sq. ft;
1 story (2019)
Kurt Aldworth
Building Official, City of Kirkland
123 5th Avenue
Kirkland, WA 98033
kaldworth@kirklandwa.gov
(425) 587-3604
· Polaris Kirkland Structural Only; Kirkland, WA:
344,000 Sq. ft.; 6-story apartment building (2023)
· Fairfield/Slater MU Structural Only; Kirkland, WA:
425,000 Sq. ft.; 7-story apartment building (2022)
· Kirkland Lake Street Structural Only; Kirkland, WA:
250,000 Sq. ft.; 8-story building (2020)
Jeromy Moore
Building Official, City of Pullman
325 SE Paradise
Pullman, WA 99163
Jeromy.moore@pullman-wa.gov
(509) 338-3287
· WSU Schweitzer Engineering Hall; Pullman, WA:
65,000 Sq. ft.; 3-story building (2024)
· University Crossings Apartments; Pullman, WA:
450,000 Sq. ft – 7 buildings (2020)
· Paradise Lofts; Pullman, WA: 26,000 Sq. ft.; 4 Story
Apartment Building (2020)
Mary Kate McGee
Building Official, City of SeaTac
4800 South 188th Street
SeaTac, WA 98188
mkmcgee@seatacwa.gov
(206) 973-4755
· Cymbaluk Properties; SeaTac, WA: 429,000 Sq. ft; 7-
story apartment building (2023)
· Angle Lake Family Housing; SeaTac, WA: 164,000 Sq.
ft.; 7-story apartment building (2023)
· Tyee High School; SeaTac, WA:
· 220,000 Sq. ft.; 3-story school building (2023)
Chris Hanson
Building Official, Wenatchee
1350 McKittrick St., Suite A
Wenatchee, WA 98801
chanson@wenatcheewa.gov
(509) 888-3262
· Majestic Apartments; Wenatchee, WA: 325,000 Sq. ft;
9-story R occupancy building (2024)
· Wenatchee Valley College; Wenatchee, WA: 59,000
Sq. ft.; 2-story community college building (2023)
· River Academy School; Wenatchee, WA: 27,500 Sq.
ft.; 2-story school (2023)
Additional Reviews · In addition to the projects listed above, we have
reviewed hundreds of SFR plans in the past five years
for various jurisdictions, including Kirkland, Medina,
Sammamish and Bellevue.
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SERVICE STRUCTURE AND RATE SCHEDULE
Plan Review Service Structure
The City of Moses Lake will determine which plans are to be reviewed by CWA Consultants.
Each plan review project will be identified as a task by the City of Moses Lake. The City of Moses Lake
will intake, track and process the permit applications and all revisions per current building and permit
administration procedures.
CWA Consultants will receive a complete set of plan submittal documents in order to begin any plan
review. This includes all supporting documents (e.g., structural calculations, geotechnical reports, energy
code forms).
CWA Consultants will be available to participate in onsite pre-application meetings as required for larger
projects, as directed by the Building Official.
CWA Consultants will review plans submitted with building permit applications for structural and non-
structural code compliance in accordance with the currently adopted International Building Codes and
Washington State Amendments, Washington State Energy code and applicable City codes. CWA
Consultants will confer with the Building Official or his/her agent on any portion of the review that
specifically requires the approval of the Building Official as directed in the Code(s).
CWA Consultants will not design or make any plan changes for the applicant that are structural in nature
or make any changes that directly contradict other information on the plans. These changes must be
made by or under the direction of the applicant. All notes and details must be on the approved permit
set of plans.
CWA Consultants will perform the initial review and will either approve the application and notify the
City of Moses Lake of approval or contact the applicant and the City with corrections. The initial plan
review will be completed within 21 calendar days of receipt. CWA Consultants will send any approved
plans and revisions to the City of Moses Lake.
If corrections/additions are needed, CWA Consultants will send a detailed letter to the designated
contact person for the City of Moses Lake, with a copy to the review contact person for the applicant.
The correction letter will indicate that the applicant is required to submit the changes/additions to the
City of Moses Lake per the submittal requirements for the permit type under review.
CWA Consultants will review any corrections/additional information sent by the applicant in response to
the original review letter, and will either indicate compliance, or if the plans are still not complete,
contact the applicant and the designated contact person for the City of Moses Lake with additional
correction requests. Reviews of any corrections/additional information will be completed within 14
calendar days of receipt.
Once plans comply with all applicable building codes, CWA Consultants will indicate that the plans have
been reviewed and found to be in substantial compliance with applicable codes and ordinances. Each
page of approved plans will be stamped with the appropriate CWA review stamp.
Note: The review times described above may be adjusted as needed, through mutual agreement
between CWA Consultants and the City of Moses Lake, based on the size and complexity of each project.
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CWA Consultants shall notify the City of Moses Lake of changes to estimated target dates. CWA
Consultants will not be held responsible for delays beyond the firm’s control.
Building Official Service Structure
The City of Moses Lake may request services related to the duties of a Building Official on an as needed
basis. All services provided will be billed on an hourly basis. There will be no minimum charge per week
for these services.
Rate Schedule
The City of Moses Lake shall pay CWA Consultants no more than the fee calculated using the methods
outlined below.
Upon completion of an initial plan review, an invoice will be issued by CWA Consultants to the
City of Moses Lake. Each invoice will include the application number and the address of the plan
reviewed, along with the fee.
Valuation figures and plan review fees will be determined by the City of Moses Lake. CWA Consultants
will use the following percentages to determine our fees, based on the fee schedule used by the
City of Moses Lake:
Commercial Plan Review – FULL REVIEW
Total Valuation Fee
$1 to $500,000 75% of the City of Moses Lake Plan Review Fee
$500,001 to $2,500,000 65% of the City of Moses Lake Plan Review Fee
$2,500,001 and up 55% of the City of Moses Lake Plan Review Fee
Commercial Plan Review – PARTIAL REVIEW (Structural or Non-Structural)
Total Valuation Fee
$1 to $500,000 65% of the City of Moses Lake Plan Review Fee
$501,001 to $2,500,000 55% of the City of Moses Lake Plan Review Fee
$2,500,001 and up 45% of the City of Moses Lake Plan Review Fee
Residential Plan Review
Total Valuation Fee
$1 to $250,000 Reviewed at a rate of $120 per hour
$250,001 and up 70% of the City of Moses Lake Plan Review Fee
· All other services (including building official duties) will be billed at $120 per hour.
· There is a minimum charge of $240 (two hours) for all reviews.
· If more than two rechecks are required, the above hourly rate will apply for those additional
rechecks.
· All deferred submittals and revisions are also billed at the above hourly rate.
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PROJECT COMMUNICATIONS
Outlined below is a description of CWA Consultants’ typical communication process for all phases of
each review.
CWA Consultants will receive a task order from the Building Official or designated contact person for the
City of Moses Lake that outlines the upcoming project, including types of reviews needed, as well as
fees. The Building Department or applicant will send us a link to the plans and associated documents
(typically via Dropbox) and we will download them. If anything appears to be missing or if we have
questions, we may contact the Building Department or the applicant.
Once we have a complete set of plans and associated documents, we will begin our initial plan review.
When our initial review is complete, we will send the completed review documents back to the
City of Moses Lake electronically via Dropbox or other agreed upon method. These documents will
include:
· An approval letter, along with the approved set of plans with the CWA Consultants review stamp
on each plan page. (In some cases, the plans will have minor redlines, which indicates that the
plans are approved, provided the noted corrections are made), or
· A detailed letter requesting corrections to and resubmittal of the plans that includes a
description and location of the corrections, and a reference to the code section, as well as a
marked-up PDF of the plans themselves, noting the same corrections.
· We include our invoice for the project during the initial review phase.
We will receive resubmittals from the Building Department in the same way we received the initial plan
review documents. We will review the resubmittals until the plans are complete, and then we will
approve them following the process described above.
During the course of our plan reviews, CWA Consultants may contact the applicant directly to get more
information and clarity. When this occurs, we will provide a record of this communication to the City of
Moses Lake.
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CONTACT US
CWA Consultants is looking forward to working with the City of Moses Lake. Please feel free to contact
us if you have any questions or require additional information. We look forward to hearing from you.
Chuck Williams
PO Box 219
Manchester, WA 98353
chuck@cwaconsultants.net
Office: 360 871 5433
Cell: 425 471 6021
Richard Williams
4105 SW Frontenac Street
Seattle, WA 98136
richard@cwaconsultants.net
Office: 360 871 5433
Cell: 206 793 7130
Also visit us at www.cwaconsultants.net.
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