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Final 2024 0813 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, August 13, 2024 Moses Lake Civic Center – 401 S. Balsam or remote access* Open House Yonezawa Student Exchange Meet and Greet at 6 p.m. Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentations -Downtown Moses Lake Association Main Street Tax Report – Exec Director Mallory Miller -Median Planter Strip Xeriscape Design Options – PRCS Director Coutts pg 4 Citizen’s Communications ** Summary Reports: Mayor’s Report – Association of Grant County Cities and Towns Meeting 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 -Social Services Agency Summary – Housing & Grants Manager Murillo pg 8 - Lakeside Disposal Contract CPI Increase – Finance Director Prentice COML Council Packet 8-13-24, Page 1 of 333 August 13, 2024, City Council Meeting Page 2 #1 Public Hearing Abandon Unused Water Main Easement Resolution 3987 pg 16 Motion Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider approval #2 Consent Agenda pg 25 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.Award Operations Building Re-Roof Contract c.Datafy Contract for LTAC Analytics d.Grant County PUD Easement Resolution 3990 and Verizon Lease e.Delegation of PFAS Settlement Participation Authority Resolution 3988 Old Business #3 Traffic Photo Enforcement Contract Extension pg 145 Motion Presented by Dave Sand, Police Chief Summary: Council to review and consider approval New Business #4 #5 Repayment of ML Municipal Airport CARB Loan pg 149 Motion Presented by Madeline Prentice, Finance Director Summary: Council to review and consider approval City Manager and Fire Chief Positions Search Contract pg 156 Motion Presented by Shannon Springer, Human Resources Director Summary: Council to review and consider approval #6 Call Covenant for Luta & Virginia St Resolution 3989 pg 200 Motion Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider approval #7 HopeSource Shelter Management Contract pg 227 Motion Presented by Liz Murillo, Housing & Grants Manager Summary: Council to review and consider approval Administrative Reports Council Committee Reports Information Items - None COML Council Packet 8-13-24, Page 2 of 333 August 13, 2024, City Council Meeting Page 3 Adjournment Next Regular Council Meeting will be on August 27 at 6 p.m. for Grant County Trends Annual Report. NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. * Remote Options: #1 MS Teams App or Online Join the meeting now Meeting ID: 254 210 329 715 Passcode: 6giqnd Or #2 MS Teams by phone (audio only) +1 509-707-9401,,560147358# 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 8-13-24, Page 3 of 333 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 18815 Doug Coutts, Director Parks, Recreation, and Cultural Services 8/13/2024 Presentation Median/Planter Strip Xeriscape Plan Presentation City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ No action at this time. Staff will present the planned design for planter strips and medians to be converted to xeriscaping to reduce water usage. Planter Strip Presentation [Autosaved].pptx 10.25MB Parks, Recreation and Cultural Services and Public Works staff have collaborated on a proposed design for conversion of the turf Planter Strips and Medians throughout the City to reduce water consumption. Staff will present the proposed design and some potential projects for initial conversion. Staff is still investigating costs on park projects and will update the presentation as we receive additional information on those specific projects. No immediate implications. Conversion of the areas will cost initially but will be offset over time by eventual reduction in water consumption at City facilities. Options and Results No action requested at this time. Staff will bring back options for recommended changes. No action is currently requested.COML Council Packet 8-13-24, Page 4 of 333 COML Council Packet 8-13-24, Page 5 of 333 COML Council Packet 8-13-24, Page 6 of 333 COML Council Packet 8-13-24, Page 7 of 333 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 18877 Vivian Ramsey, Interim Director Community Development 8/13/2024 City Manager's Report Social Services by Agency Summary Report City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ As requested, is a list of social service providers that serve Grant County and its residents. A social service can be defined as a public or private service intended to aid individuals or communities in need. These services often address basic needs, such as food, housing, healthcare, education, case management, and aim to improve the quality of life and social well-being. Social service agencies listed include child welfare programs, mental health support, and elderly care, to name a few. These agencies are categorized by color, corresponding to the type of service they provide. This list is to be used as a reference to summarize what services are provided and used the most in Grant County and may not reference all service providers in Grant County. Grant County WA Resources.docx 26.95KB The categories in this list include: Substance abuse disorder (SUD)/ Rehabilitation Behavioral Health Case management services Housing Food Healthcare Other Multiple Services N/A Options and Results COML Council Packet 8-13-24, Page 8 of 333 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: N/A N/A N/A COML Council Packet 8-13-24, Page 9 of 333 Grant County WA Resources SUBSTANCE ABUSE DISORDER REHABILITATION FACILITY BEHAVIORAL HEALTH CASE MANAGEMENT SERVICES HOUSING SERVICES FOOD HEALTHCARE OTHER MULTIPLE SERVICES DSHS- multiple services offered that include case management, food services, cash assistance, healthcare, other • Aged, Blind or Disabled Cash Assistance Program (ABD) • Child Support Services • Apple Health Expansion • DSHS Emergency Programs • Family Planning Services • Housing and Essential Needs • Medical Assistance Programs • Refugee Cash Assistance (RCA) • Temporary Assistance for Needy Families (TANF) • Voter Registration Assistance • Washington Basic Food Program • Workforce Innovation WORKSOURCE/SKILLSOURCE- multiple services offered that include education, employment, food, hygiene items, other • Basic needs • Career guidance • Education • Employment • Skill building COML Council Packet 8-13-24, Page 10 of 333 • Training • Ged/diploma • Technology education • Internships • Business education HOPESOURCE- multiple services that include case management, education, housing, food, and other • Veteran support • Hope university (education) • Shelter • Support services (case management) • Youth homeless • Housing • Energy • Transportation OIC- (OPPORTUNITIES INDUSTRIALIZATION CENTER) multiple services that include education, food, case management, housing, and other services • Education • Children & youth services • Disability services • Senior services • Transportation • Employment • Emergency services • Energy assistance • Food & nutritional programs • Housing assistance • Money management • Veterans • Victim & legal SALVATION ARMY- multiple services that include education, food, case management, housing, and other services • Missing Persons • Military Personnel Assistance • Aid to Families • Disaster Services COML Council Packet 8-13-24, Page 11 of 333 • Emergency Financial Assistance • Emergency Shelter • Seasonal Services • Emergency Shelter • Camping Activities GRANT COUNTY HEALTH DISTRICT- HARM REDUCTION SERVICES • Naloxone (NARCAN) • Sharps Container • Fentanyl Testing strips • Wound care kits - Band-Aids, antibiotic ointment, gauze • Hygiene kits - Body wipes, soap, antiperspirant, hairbrush, mouthwash, toothbrush, toothbrush covers, toothpaste, floss, Hand sanitizer, lotion, sunscreen, zinc ointment • Feminine hygiene products - Pads and Tampons • Condoms • Water, water bottles, electrolyte solution • Sleeping bag, pack back, tents o This depends on current funding allocations • Winter supplies (Colder months only) o Socks o Rain ponchos o Beanies o Gloves o Thermal Blankets o Hand warmers • Referral services GRANT COUNTY HOUSING AUTHORITY- • Public housing- 30% AMI • Housing vouchers (section 8) • Section 8 larson • Developmental disabilities demonstration housing project • Mental health housing project • Esperanza migrant farmworker housing CARES COORDINATOR- HEATHER KOK • Case management • Referrals NEW HOPE- • 24-Hour Crisis Line • Medical Advocacy • Legal Advocacy COML Council Packet 8-13-24, Page 12 of 333 • Community Advocacy • Support Groups • Trainings and Presentations RENEW- • Mental health • Substance disorders/ SUD Assessment • Crisis • Developmental disabilities ADVANCE NORTHWEST- multiple services that include education, food, case management, housing, and other services • NCW recovery navigator program • Community rental assistance • Correction facility recovery coaching • Advance transportation • Rural opioid response ALANO CLUB- • 12 Step meetings WASHINGTON STATE DEPT OF CHILDREN, YOUTH & FAMILIES- • Childcare/ Early learning • Child development support • Child welfare • Foster parenting & kinship care • Adoption/ adoption support • Education of foster youth • Foster care • Health for youth • At risk/ runaway youth • Independent living program • Engaging fathers • Juvenile rehabilitation MEALS ON WHEELS- • Meals/ sack lunches SERVE MOSES LAKE- COML Council Packet 8-13-24, Page 13 of 333 • Care sack lunches • Winter weather items • Furniture/ household items • Nonfood pantry items CARE MOSES LAKE- • sack lunches • food items RICE BOWL MINISTRIES- • Food • clothing/shoes MOSES LAKE FOOD BANK ROYAL CITY FOOD BANK EPHRATA FOOD BANK MATTAWA FOOD BANK QUINCY FOOD BANK NCW LIBRARIES- • cooling/warming center GTA- GRANT COUNTY TRANSIT AUTHORITY • ACCESS • Dial-A-Ride • Intermodal Connections • Local and interconnect busses • Ride Share COLUMBIA BASIN JOB CORPS- • 16-24 year old services • Housing • Basic medical care • Meals • Books and supplies • Living allowance • Training clothing • Childcare • Academics/ education • Job training COML Council Packet 8-13-24, Page 14 of 333 RURAL RESOURCES- • Health home program AGING AND ADULT CARE CENTRAL WA- • Referral services • Assistance paying home care services ASSURED HOME HEALTH & HOSPICE- • Hospice • Occupational therapy • Physical therapy • Med management • Ostomy & catheter care FAMILY RESOURCES HOME- • In home care services MOSES LAKE COMMUNITY HEALTH CENTER QUINCY COMMNUNITY HEALTH CENTER MATTAWA COMMUNITY MEDICAL CLINIC NEW START CLINIC- • Medically assisted treatment COML Council Packet 8-13-24, Page 15 of 333 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: Mike Jackson, Interim City Manager 18843 Brian Baltzell, Public Works Director Public Works 8/13/2024 Public Hearing Resolution to Abandon Watermain Easements 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 Council motion to adopt the resolution to Abandon Watermain Easement as presented. Mosquito Abandon Wtr Esmt Resolution.doc 45.5KB QCD Easement Release.docx 683.75KB The Mosquito District is developing/constructing a new operations center at the Port of Moses Lake/Grant County Airport. The site layout required moving the city's watermain. The new watermain locations have been constructed and easements have been accepted and recorded. The Council is being asked to adopt the resolution to abandon the previous watermain easement for the watermain pipe that is no longer in use. Upon adoption of the resolution, staff will execute and file the quit claim deed for the release of the easement. None Options and Results Adopt the resolution and authorize staff to file the quit claim deed for release of easement with Grant County. Staff will bring back options for recommended changes.COML Council Packet 8-13-24, Page 16 of 333 No Action Taken: Unused easements will remain in place. COML Council Packet 8-13-24, Page 17 of 333 RESOLUTION NO. 3987 A RESOLUTION TO ABANDON A PORTION OF WATERMAIN EASEMENT Recitals: 1. In 1967 the city acquired water main easements and associated properties for the former Larson Air Force Base water system, recorded in AFN 525220. 2. The Mosquito Control District is developing a new base of operations at the Port of Moses Lake adjacent to Grant County International Airport. 3. A portion of an existing city watermain has been moved to accommodate the Mosquito Control District’s new site. 4. City Council accepted the new re-located watermain easements on May 14, 2024 at their regular council meeting. 5. This Resolution approves the abandonment of that portion of the City of Moses Lake water utility easement, in the location that the watermain was removed. Resolved: 1. The City of Moses Lake, Washington, declares that un-used watermain easements at the Mosquito Control District site on Port of Moses Lake property are hereby abandoned. Adopted by the City Council on August 13, 2024. _______________________________ Dustin Swartz, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk COML Council Packet 8-13-24, Page 18 of 333 When recorded return to: Wayne Ostler City of Moses Lake PO Box 1579 Moses Lake, WA 98837 QUIT CLAIM DEED FOR RELEASE OF EASEMENT Grantor: City of Moses Lake Grantee: Port District #10 Abbreviated Legal Description: A portion of the SE ¼ of Section 28, T20N, R28E Assessor’s Parcel No.: 17-1017-000 Reference No. of Easement: AFN 525220 The City of Moses Lake as Grantor, for and in consideration of valuable consideration hereby releases, conveys, and quit claims to Port District #10, as Grantee, all of the Grantor’s rights, title, and interest in the recorded easement lying in the area described as: See attached Legal Description: Exhibit B Abbreviated Legal Description: A portion of the SE ¼ of Section 28, T20N, R28E lying within the following described real estate, situated in the County of Grant, State of Washington: See Attached Legal Description: Exhibit A Assessor’s Parcel Number: 17-0107-000 Signed and Dated this _____ day of _________, 2024. _________________________________ __________________________ City of Moses Lake COML Council Packet 8-13-24, Page 19 of 333 ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 2024. _____________________________________ _____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________________ My commission expires:_________________ COML Council Packet 8-13-24, Page 20 of 333 COML Council Packet 8-13-24, Page 21 of 333 COML Council Packet 8-13-24, Page 22 of 333 COML Council Packet 8-13-24, Page 23 of 333 COML Council Packet 8-13-24, Page 24 of 333 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 18880 Madeline Prentice, Director Finance 8/13/2024 Consent Agenda Disbursement Report since July 23, 2024 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 3,670,343.67$3,670,343.67$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: 392 - 397 - $7,814.37 Checks: 166369 - 166620 - $2,097,142.40 Payroll Checks: 07-19-2024 PR, #66327 - 66366 - $22,821.92 08-02-2024 PR, #66367 - 66403 - $26,106.11 Electronic Payments: 07-19-2024 Direct Deposit - $751,765.68 08-02-2024 Direct Deposit - $764,693.19 Vouchers - 08.13.2024.pdf 134.08KB COML Council Packet 8-13-24, Page 25 of 333 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 8-13-24, Page 26 of 333 TOTALS BY FUND: FUND NO FUND NAME Est. Fund Bal. 8/1/24 AMOUNT Est. Fund Bal. 8/13/24 001 GENERAL FUND 13,195,293 297,211.25 12,898,082 102 TOURISM 1,726,768 6,875.00 1,719,893 103 GRANTS AND DONATIONS 1,068,251 54,934.10 1,013,316 105 ARPA 3,120,150 - 3,120,150 110 HOMELESS SERVICES 206,172 45,218.86 160,953 111 OPIOID ABATEMENT 301,396 - 301,396 112 PUBLIC ARTS FUND 49,824 - 49,824 114 PATHS/TRAILS 94,071 - 94,071 116 STREET 803,525 69,170.50 734,355 119 STREET REPR/RECON 4,275,466 571,516.42 3,703,949 170 TRANSPORTATION BENEFIT DISTRICT 1,849,996 - 1,849,996 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 184,980 - 184,980 314 PARK & RECREATION IMPROVEMENTS 657,532 39,191.33 618,341 315 PARK MITIGATION CAPITAL PROJECTS 15,142 - 15,142 316 COMMUNITY SERVICES CENTER - - - 320 FIRE MITIGATION FUND 805,038 - 805,038 322 WATER REMIDIATION 1,509,337 41,506.17 1,467,831 410 WATER/WASTEWATER 8,522,367 124,340.83 8,398,026 450 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 1,591,683 - 1,591,683 477 WATER SEWER CONSTRUCTION 4,347,281 9,777.15 4,337,504 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 9,534 - 9,534 490 SANITATION 2,695,055 393,240.20 2,301,815 493 STORM WATER 851,266 30,133.78 821,132 495 AIRPORT 73,287 194.02 73,093 498 AMBULANCE 916,830 29,336.76 887,494 501 UNEMPLOYMENT COMPENSATION INSURANCE 164,904 16,374.16 148,530 503 SELF-INSURANCE 320,386 112.20 320,274 517 CENTRAL SERVICES 744,780 12,773.45 732,007 519 EQUIPMENT RENTAL 2,521,485 354,513.06 2,166,972 528 BUILDING MAINTENANCE 2,129,856 18,752.23 2,111,104 611 FIRE PENSION 492,080 1,511.83 490,568 623 DEPOSIT 1,284,443 (19,528.65) 1,303,972 631 STATE 46,077 7,802.12 38,275 TOTAL 58,835,271$ 2,104,956.77$ 56,730,314$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date- 08/13/2024 COML Council Packet 8-13-24, Page 27 of 333 Check Name Check Amount Check Date Invoice Description 392 Dept Of Licensing 15.00 07/05/2024 Driving Record 393 Dept Of Licensing 45.00 07/18/2024 Driving Records 394 Dept Of Licensing 15.00 07/19/2024 Driving Record 395 Dept Of Licensing 15.00 06/06/2024 Driving Records 396 Dept Of Licensing 15.00 05/16/2024 Driving Record 397 Dept of Revenue- EFT 7,709.37 07/31/2024 Q2 2024 Leasehold Tax 166369 JULIE HOLEMAN 394.19 07/18/2024 Refund Utility Overpayment 166370 4Imprint, Inc.324.55 07/18/2024 Pens 166371 A & H Printers Inc 742.15 07/18/2024 Water Leak Door Hangers 166372 Abc Hydraulics 63.45 07/18/2024 Misc. Parts 166373 Alpine Products Inc 22,905.98 07/18/2024 Traffic Paint/Glass Beads 166374 Amazon Capital Services, Inc.3,815.42 07/18/2024 Amazon June 2024 166375 Anatek Labs, Inc.390.00 07/18/2024 Sample Testing 166376 Arrow Construction Supply, LLC 469.86 07/18/2024 Heater Element 166377 AT&T Mobility II, LLC 3,555.46 07/18/2024 First Responder Lines 166378 Battery Systems Inc 202.71 07/18/2024 65-75 Battery 166379 Bee Line Frame & Axle 32.55 07/18/2024 Spring Pin Bolts 166380 Cascade Natural Gas Corp 66.23 07/18/2024 Gas 166381 Central Machinery Sales Inc 218.37 07/18/2024 16" Blades 166382 Central Manufacturing Inc 357.02 07/18/2024 Asphalt Patches 166383 Columbia Basin Ice, LLC 562.00 07/18/2024 Campground Ice - Resale 166384 Commercial Tire Inc 54.10 07/18/2024 Wheel Balance/Torque 166385 Confluence Health 248.00 07/18/2024 Employee Immunizations 166386 Connell Oil 720.66 07/18/2024 Transmission Fluid 166387 Copiers Northwest Inc 347.29 07/18/2024 Equipment Contract Fees 166388 Daniel Defense, LLC 2,495.03 07/18/2024 TRT Equipment 166389 Daupler, Inc 15,943.00 07/18/2024 Daupler Software Annual License 2024 166390 Dept Of Natural Resources 1,678.95 07/18/2024 Small Equipment, Wildland Radios 166391 Equifax / Talx UC Express Inc 375.00 07/18/2024 Unemployment Claims Management 166392 Faber Industrial Supply 200.75 07/18/2024 Snap Pins/Flap Discs 166393 Galls LLC 93.46 07/18/2024 Uniform 166394 GMP Consultants 8,641.10 07/18/2024 Interim City Manager Charges 166395 Haglund's Trophies, LLC 22.82 07/18/2024 Interim City Mgr. Name Plate 166396 Home Depot Credit Services 2,758.48 07/18/2024 June Statement 2024 166397 Home Depot Pro (Supplyworks)3,272.93 07/18/2024 Custodial Supplies 166398 Ispyfire Inc 2,821.00 07/18/2024 Mobile Dispatch Service 166399 Jerrys Auto Supply 149.84 07/18/2024 Platinum Kit 166400 Katherine Kenison, PS 25,759.35 07/18/2024 City Atty Services- June 166401 Kdrm/Kbsn 544.00 07/18/2024 Water Advertising 166402 Keller Associates 2,061.60 07/18/2024 COF Raw Waste Upgrade GC2023-176 166403 Kelley Create 508.49 07/18/2024 Equipment Contract Fees 166404 Lad Irrigation Company Inc 201.88 07/18/2024 Irrigation Supplies 166405 Line-X Of Moses Lake 866.92 07/18/2024 Misc. Spray 166406 Lisa Kay Dorsing 682.92 07/18/2024 Professional Service 166407 Moses Lake Steel Supply 4.12 07/18/2024 Square Key City of Moses Lake Checks Issued with Summary Description For August 13th, 2024 Council Meeting COML Council Packet 8-13-24, Page 28 of 333 Check Name Check Amount Check Date Invoice Description 166408 National Association of EMS Educators 95.00 07/18/2024 Membership for Schanze 166409 New Technology Services LLC 3,135.66 07/18/2024 Sound Equipment 166410 Norco Enterprises Inc 600.16 07/18/2024 Medical Supplies 166411 Northstar Chemical Inc 3,875.00 07/18/2024 Sodium Hypochlorite Well #33 166412 Oasis Auto Spa 1,592.80 07/18/2024 June 2024 Car Washes 166413 Oxarc Inc 926.38 07/18/2024 Pool Chemicals 166414 Public Safety Testing Inc 925.00 07/18/2024 Q2 Subscription Fees 166415 Pud Of Grant County 118,305.91 07/18/2024 Electric Services 166416 Qcl Inc 78.00 07/18/2024 Pre Employment Testing 166417 San Diego Police Equipment 4,129.95 07/18/2024 Ammo 166418 Schindler Elevator Corp 401.45 07/18/2024 Elevator Maintenance 166419 Sherwin-Williams 398.31 07/18/2024 Field Paint 166420 Signs Now, LLC 162.75 07/18/2024 Vinyl Numbers 166421 Skaug Brothers Glass 97.25 07/18/2024 Pool Front Door 166422 Smarsh Inc 398.68 07/18/2024 Professional Archive 166423 State Auditors Office 3,753.82 07/18/2024 Finance Pro Services 166424 Systems Design West, LLC 6,318.10 07/18/2024 EMS Billing June 24 166425 T-Mobile Usa, Inc 100.00 07/18/2024 GPS Locate 166426 Target Solutions Learning 99.99 07/18/2024 Computer Scheduling Software 166427 Transunion Risk & Alternative 187.92 07/18/2024 June Transunion 166428 Uline 795.42 07/18/2024 Uline 166429 Uniforms 2 Gear 290.78 07/18/2024 Uniform 166430 Ups Freight 92.38 07/18/2024 Weekly Service Fees 166431 Util Undrgrnd Location Center 126.72 07/18/2024 Underground Locates June 2024 166432 Wa Assn Sheriff Police Chiefs 400.00 07/18/2024 WASPC Conference Fee 166433 Weinstein Beverage Company 2,193.84 07/18/2024 Water/Custodial Supplies 166434 WEMCO, Inc 6,124.43 07/18/2024 Overhead Cranes 2024-2027 166435 Zoll Medical Corp 1,162.74 07/18/2024 Medical Supplies 166436 Adrock Realty LLC 189.77 07/22/2024 Refund Utility Overpayment 166437 ARIN SWINGER 47.91 07/22/2024 Refund Utility Overpayment 166438 D2 Commercial Lending LLC 53.86 07/22/2024 Refund Utility Overpayment 166439 D2 Commercial Lending LLC 275.00 07/22/2024 Refund Utility Overpayment 166440 Elizabeth Davis Calvery 36.22 07/22/2024 Refund Utility Overpayment 166441 HOMEMASTER GENERAL CONSTRUCTION 12.17 07/22/2024 Refund Utility Overpayment 166442 Leon Hoepner 163.40 07/22/2024 Refund Utility Overpayment 166443 The Estate of Lawrence L. Tracy 309.38 07/22/2024 Refund Utility Overpayment 166444 Tomlinson Black Property Management 87.01 07/22/2024 Refund Utility Overpayment 166445 Tomlinson Black Property Management 85.69 07/22/2024 Refund Utility Overpayment 166446 Werote LLC 107.35 07/22/2024 Refund Utility Overpayment 166447 Brad Zook 34.44 07/22/2024 Meal Reimbursement 166448 Doug Brandt 150.00 07/22/2024 CDL Physical Reimbursement 166449 Lakeside Disposal, Inc 322,470.89 07/22/2024 Haul Contract Payment June 2024 166450 Lengco Construction 2,515.03 07/22/2024 Additional Costs- Developer Agreement 166451 Michael Jackson 236.48 07/22/2024 Expense Reimbursement 166452 Richard Pearce 16.57 07/22/2024 Light Bulbs @ Airport 166453 Rotschy Inc 3,048.39 07/22/2024 Retainage Release- Wheeler Rd 166454 Stevee Lincoln 85.00 07/22/2024 City Endorsement Reimbursement 166455 Todd Taylor 260.40 07/22/2024 Boot Reimbursement 166456 Mde Inc 1,100.19 07/22/2024 Hosted Maint. Renewal COML Council Packet 8-13-24, Page 29 of 333 Check Name Check Amount Check Date Invoice Description 166457 A & H Printers Inc 768.19 07/25/2024 Blank Check Stock/Business Cards 166458 A-L Compressed Gases Inc 119.35 07/25/2024 Ear Plugs 166459 Ag Supply Ace Hardware 20.56 07/25/2024 Misc. Parts 166460 Alpha Media, LLC 308.00 07/25/2024 Advertising 166461 Amazon Capital Services, Inc.83.74 07/25/2024 Admin Supplies- Jun '24 166462 Anatek Labs, Inc.1,555.00 07/25/2024 Sample Testing 166463 Aspect Consulting 7,899.90 07/25/2024 Well 20 Source Approval. GC2023-173 166464 Autometrics, LLC 472.86 07/25/2024 Repair & Diagnose 166465 Battery Systems Inc 306.06 07/25/2024 C-31-10AP Batteries 166466 Bound Tree Medical LLC 1,371.54 07/25/2024 Medical Supplies 166467 Bud Clary Ford LLC 1,979.92 07/25/2024 Bracket 166468 Cascade Natural Gas Corp 11,645.10 07/25/2024 LRC Natural Gas 166469 Central Machinery Sales Inc 2,413.89 07/25/2024 Hydraulic Leak - Diagnose & Repair 166470 Central Manufacturing Inc 281.98 07/25/2024 Asphalt Patches 166471 Centurylink 7,112.25 07/25/2024 Mitel Shoretel Support 2024 166472 Centurylink 80.58 07/25/2024 Telephone Services 166473 Cole & Sons Farm 1,672.04 07/25/2024 Rock 166474 Columbia Basin Herald 192.00 07/25/2024 Recreation Ad 166475 Consolidated Electrical Distributors Inc 561.27 07/25/2024 Light Bulbs 166476 Copiers Northwest Inc 103.14 07/25/2024 Equipment Contract Fees 166477 Creo Industrial Arts, LLC 34,538.33 07/25/2024 Museum Pod Redo 166478 Dell Marketing 223.92 07/25/2024 Toner Cartridge 166479 Dept Of Natural Resources 121.24 07/25/2024 Operating Supplies, Battery holder 166480 Dobbs Peterbilt- Moses Lake 73.95 07/25/2024 Coolant 166481 EMS Technology Solutions, LLC 341.78 07/25/2024 Office Supplies 166482 Evergreen StormH2O 24,761.28 07/25/2024 Stormwater Comp Plan & Rate Study 166483 F C S Group 8,463.75 07/25/2024 Water/Sewer Rate Study 166484 Faber Industrial Supply 8,020.59 07/25/2024 45T Iron Worker/Punch & Die Kit 166485 Fastenal Company 44.51 07/25/2024 Wellness 166486 Ferguson Enterprises Inc #3007 1,195.40 07/25/2024 Walker Closet Primer 166487 Flock Group, Inc 54,250.00 07/25/2024 Flock Cameras 166488 Galls LLC 742.88 07/25/2024 Uniform, Ellinger 166489 Grainger Parts Operations 338.40 07/25/2024 Spring Hinges 166490 Gray & Osborne, Inc.8,031.81 07/25/2024 Well 29 FPAS Investigation GC2023-154 166491 Home Depot Pro (Supplyworks)3,279.03 07/25/2024 Custodial Supplies 166492 Hopesource 32,411.36 07/25/2024 Sleep Center Pro Services 166493 Jerrys Auto Supply 1,070.04 07/25/2024 Refrigerant 166494 Jordan Gilmore Inc.5,250.00 07/25/2024 HR Onboarding Software 166495 K & N Electric 1,671.03 07/25/2024 Diagnose & Repair 166496 Lad Irrigation Company Inc 19.70 07/25/2024 Flag Wire 166497 Lake Bowl 618.00 07/25/2024 Wellness Event - Mini Golf 2024 166498 Lakeside Disposal, Inc 25.67 07/25/2024 Recycling @ Fire 166499 Life Flight Network 56.25 07/25/2024 Life Flight- Zach Ellinger 166500 Lowes 4,519.68 07/25/2024 May Statement 2024 166501 Moon Security Services Inc 806.20 07/25/2024 LRC Security 166502 Moses Lake Steel Supply 79.79 07/25/2024 Misc. Parts 166503 Norco Enterprises Inc 245.00 07/25/2024 Pool Supplies 166504 North 40 Outfitters 752.06 07/25/2024 Operating Supplies 166505 Northstar Chemical Inc 12,042.48 07/25/2024 Sodium Hypochlorite Well #19 COML Council Packet 8-13-24, Page 30 of 333 Check Name Check Amount Check Date Invoice Description 166506 Northwest Sales Group, Inc.570.33 07/25/2024 Steel Wheels/Sensors 166507 NYS Child Support Prosessing Center 184.61 07/25/2024 2415 Gilmartin Child Support 166508 Office of Financial Recovery 265.00 07/25/2024 Torrey Garnishment 166509 Oreilly Auto Parts 45.47 07/25/2024 Power Steering Hose 166510 PandaDoc, Inc.3,196.41 07/25/2024 E Signature Platform Software 166511 Parker Corporate Services, Inc 7,649.10 07/25/2024 June Security @ Sleep Canter 166512 Pasco Tire Factory, INC 1,698.96 07/25/2024 LT265/70R18 & P255/60R18 Tires 166513 Perfection Tire & Automotive 170.83 07/25/2024 Thrust Angle Alignment 166514 Perteet, Inc.83,627.84 07/25/2024 SR17/Yonezawa Blvd Improvements 166515 Platt Electric 58.71 07/25/2024 Misc. Parts 166516 Pro Touch Car Wash & Auto Detail LLC 45.18 07/25/2024 Car Washes - June 2024 166517 Protect Youth Sports 133.65 07/25/2024 Background Checks 166518 Racom Corporation 440.37 07/25/2024 Station 1 Repair Radio 166519 REACH Media Network 1,517.60 07/25/2024 Software Renewal 166520 Rells Fire Equipment Inc 95.50 07/25/2024 Pool Service 166521 Samaritan Healthcare 160.00 07/25/2024 CPR/AED Cards 166522 SCJ Alliance 15,319.00 07/25/2024 Code & Zoning Pro Services 166523 Silvie Valdez 539.00 07/25/2024 Jiu Jitsu Class - Jun '24 166524 SoftResources, LLC 13,800.00 07/25/2024 Cityworks PLL Assessment Services 166525 Spokane Television, Inc.3,978.00 07/25/2024 LTAC Advertising 166526 SWARCO McCain Inc.214.29 07/25/2024 Misc. Parts 166527 Tommer Construction Co Inc 426,685.26 07/25/2024 Seal Coat - 2024 GC2023-189 166528 Travelers CL Remittance Center 40.00 07/25/2024 S.Dunn Notary Bond 166529 Trilogy Medwaste West, LLC 103.79 07/25/2024 Professional Services 166530 TYMCO, Inc 239,871.80 07/25/2024 2024 Tymco Isuzu Sweeper Eq # 301 166531 Ups Freight 41.77 07/25/2024 Shipping & Services Fees 166532 UPS Store 2469 60.92 07/25/2024 Postage, Air Test 166533 Weinstein Beverage Company 2,776.24 07/25/2024 SNS - Gatorade 166534 Western Display Fireworks Ltd 6,875.00 07/25/2024 3rd Installment- LTAC Fireworks Show 166535 Whitmer Public Safety Group 484.14 07/25/2024 Uniform, Boots Garrison 166536 Dimestore Prophets 1,550.00 07/26/2024 Concert Payment 7.26.24 166537 Health Care Authority 353.25 07/26/2024 GEMT Final Cost Settlement SFY 2021 166538 Michael D. Jackson 377.58 07/26/2024 Reimburse Hotel Charges 166539 Wendy Parks 101.85 07/26/2024 Meal Reimbursements- Bootcamp 2024 166540 Michael D. Jackson 2,900.00 07/31/2024 Rent- August 2024 166541 Janelle Sword 905.46 07/31/2024 LEOFF Retiree Pension July 2024 166542 Luther Stowers 606.37 07/31/2024 LEOFF Retiree Pension July 2024 166543 A & H Printers Inc 81.38 08/01/2024 Business Cards 166544 AAA Readymix Inc 929.23 08/01/2024 Concrete Delivery - Ivy St. 166545 Ag Supply Ace Hardware 47.60 08/01/2024 Pool Supplies 166546 Amazon Capital Services, Inc.1,342.74 08/01/2024 Museum - May '24 166547 Anatek Labs, Inc.4,125.00 08/01/2024 Sample Testing 166548 Auto Wheel Sales, Inc.292.95 08/01/2024 Wheels 166549 Badger Meters Inc 1,274.37 08/01/2024 Meter Parts 166550 Battery Systems Inc 1,156.35 08/01/2024 C-31-10ST Batteries 166551 Bud Clary Ford LLC 86,303.74 08/01/2024 2024 Ford F350 Eq #206 166552 Central Machinery Sales Inc 151.90 08/01/2024 Core Drill & Bit Rental 166553 Centurylink 339.21 08/01/2024 Long Distance Services 166554 Centurylink 425.61 08/01/2024 Telephone Services COML Council Packet 8-13-24, Page 31 of 333 Check Name Check Amount Check Date Invoice Description 166555 Columbia Basin Herald 507.45 08/01/2024 Advertising 166556 Consolidated Electrical Distributors Inc 1,201.18 08/01/2024 Light Bulbs 166557 Copiers Northwest Inc 121.75 08/01/2024 Equipment Contract Fees 166558 Cyvl, Inc 36,055.00 08/01/2024 Pavement/Street Managment. 166559 D & D Electric Motor Srvc Inc 1,451.45 08/01/2024 Bolts for Hydrant Meters 166560 D & L Supply Company Inc 7,919.93 08/01/2024 Meter Lids/Rings 166561 Databar Inc 3,664.40 08/01/2024 Utility Billing Invoices 166562 Dell Marketing 852.61 08/01/2024 Monitors 166563 Department of Labor & Industries 1,594.50 08/01/2024 Boiler Certification 166564 Devries Information Mgmt 62.10 08/01/2024 On Site Record Destruction July 24 166565 Dobbs Peterbilt- Moses Lake 352.51 08/01/2024 Window Regulator 166566 Employment Security Department 15,999.16 08/01/2024 Q2 2024 Unemployment Claims 166567 Ferguson Enterprises Inc #3007 170.49 08/01/2024 Puron/Copper Fitting 166568 Fishingmagician.com 1,000.00 08/01/2024 LTAC Advertising 166569 Galls LLC 1,276.86 08/01/2024 Uniform, Gonzales-Rice 166570 GMP Consultants 12,025.00 08/01/2024 Interim City Mgr. Services 166571 Grainger Parts Operations 969.13 08/01/2024 Faucet/Supplies 166572 Grant Co Solid Waste 69,007.36 08/01/2024 Landfill Dumping Fees 166573 Grant County Animal Outreach 8,333.00 08/01/2024 August Contract Payment 2024 166574 Grant County Treasurer 845.41 08/01/2024 Liquor Excise Tax July 2024 166575 Ground Works Three, LLC 5,041.67 08/01/2024 Rental @ Sleep Center August 166576 Haglund's Trophies, LLC 22.82 08/01/2024 Tamera Council Name Plate 166577 Helena Agri-Enterprises LLC 278.30 08/01/2024 Maintenance Supplies 166578 Home Depot Pro (Supplyworks)179.23 08/01/2024 Custodial Supplies 166579 Ibs Inc 1,192.18 08/01/2024 Misc. Parts 166580 Inland Pipe & Supply Company 17.13 08/01/2024 Faucet Keys 166581 Intl Inst Of Municipal Clerks 350.00 08/01/2024 Burke/Valdez Membership Fees 166582 Jerrys Auto Supply 978.60 08/01/2024 Ball Joints/Thermostat 166583 Jims Lock Service LLC 278.95 08/01/2024 Spare Keys 166584 Lad Irrigation Company Inc 2,199.29 08/01/2024 Irrigation Supplies 166585 Localtel Communications 1,343.25 08/01/2024 Internet Services 166586 Lowes 5,111.41 08/01/2024 June Statement 2024 166587 Martin Law LLP 33,290.01 08/01/2024 Water Remediation Pro Services 166588 Media Index Publishing 1,000.00 08/01/2024 LTAC Advertising 166589 Moon Security Services Inc 171.30 08/01/2024 Museum Security 166590 Moore Iacofano Goltsman, Inc 4,653.00 08/01/2024 Museum Pod Re-do Expense 166591 Motion Industries, Inc 4.36 08/01/2024 Swivel 166592 Multi Agency Comm Center E911 16,313.70 08/01/2024 EMS and Fire Calls 166593 Norco Enterprises Inc 304.20 08/01/2024 Operating Supplies, Fire 166594 North 40 Outfitters 350.36 08/01/2024 E-Track 166595 Northstar Chemical Inc 3,100.00 08/01/2024 Sodium Hypochlorite for Wells 166596 Oxarc Inc 1,296.81 08/01/2024 Rebar Hook 166597 Platt Electric 12.05 08/01/2024 Breaker 166598 Protect Youth Sports 164.05 08/01/2024 Background Checks 166599 Rells Fire Equipment Inc 2,631.71 08/01/2024 Pool Exhaust Fan 166600 Richland Research Corporation 1,156.38 08/01/2024 Free-Flow Blocks 166601 Rolluda Architects, Inc.50,940.32 08/01/2024 Police Building Design 166602 Safety Kleen Corp 320.63 08/01/2024 Used Oil Recycling 166603 Sebastian Moraga 531.80 08/01/2024 Translation Services COML Council Packet 8-13-24, Page 32 of 333 Check Name Check Amount Check Date Invoice Description 166604 Setina Mfg Company Inc 1,233.59 08/01/2024 Replacement Seat 166605 Sherwin-Williams 426.61 08/01/2024 Returned Item 166606 Shirtbuilders Inc 107.85 08/01/2024 Uniform, Student 166607 Signs Now, LLC 221.20 08/01/2024 Vinyl Labels 166608 Spokane County Fire District 4 1,250.00 08/01/2024 Turnout, Darrin Jacobs 166609 Symbol Arts 602.18 08/01/2024 Sergeant's Badges 166610 Titan Machinery, Inc.140.37 08/01/2024 Hydrant Adapter/Bushings/Coupler 166611 Turf Star Western 37.09 08/01/2024 Lug Nuts 166612 Tyler Technologies, Inc.43,435.58 08/01/2024 8% Invoiced. Software Implementation 166613 Uline 50.45 08/01/2024 Museum Supplies 166614 Ups Freight 77.04 08/01/2024 Shipping & Service Fees 166615 Vimly Benefit Solutions, Inc 1,499.71 08/01/2024 Fuhr COBRA August 2024 166616 Wa Cities Insurance Authority 112.20 08/01/2024 Large Deductible Program 166617 Washington State Patrol 92.75 08/01/2024 Background Checks 166618 Waytek Inc 210.20 08/01/2024 Electrical Supplies 166619 Weinstein Beverage Company 1,064.95 08/01/2024 Restroom Supplies 166620 Western Integrated Technologies, Inc 477.75 08/01/2024 1-1/2 Hose 2,104,956.77$ COML Council Packet 8-13-24, Page 33 of 333 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 18636 Brian Baltzell, Public Works Director Public Works 8/13/2024 Consent Agenda Award Operations Building 1 Re-Roof Contract City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 679,590.00$606,000.00$73,590.00$ Staff is recommending City Council move to award the Operation's Building 1 Re-Roofing contract to Fisher Construction through Omnia Partners Cooperative. Budget Adjustment Request.pdf 193.54KB OMNIA Proposal 25-WA-240884 City of Moses Lake Ops 1.pdf 4.2MB 2024-07-19_PW2023-041UpdatedProjBud.pdf 460.36KB This contract is to replace the roof on Building 1 at the Public Works Operations Complex. The roof has reached the end of its life expectancy and is quickly deteriorating. This contract includes the removal of the old roof and the installation of a new roof with a 30-year warranty. This will require $73,590 of additional funding from the general fund. There are no policy implications. Options and Results City staff will execute the contract with the low bidder, Fisher Construction, through the Omnia Partners Cooperative. COML Council Packet 8-13-24, Page 34 of 333 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Staff will work to find alternative options for the project. COML Council Packet 8-13-24, Page 35 of 333 Budget Adjustment Request Type of Adjustment Fund Department Project/Grant Number Revenue Fund Dept Object Detail Project/Grant Amount Expenditures Fund Dept Object Detail Project/Grant Amount Revenue Subtotal Expenditures Subtotal Use of Fund Balance Explanation The Public Works Operations Complex Building 1 roofing project bids came back higher than what was estimated an budgeted. This was the result of a structural analysis that determined we needed additional material removed in order to install the new roofing. We are requesting the additional funds to cover the cost of the project. Project Budget Sheet/Other Supporting Document Submitter Name Amendment Transfer 528 - Build Maintenance 528 - Build Maint-Operation PW2023-041 Budget Adjustment Details 0 ### 0 ### 0 3#### 0 #### 0.00$ 528 ### 528 ### 59418 5#### 0622 #### 73,590.00$ 0.00$ 73,590.00$ -73,590.00$ OMNIA Proposal 25-WA-240884 City of Moses Lake Ops 1.pdf 4.2MB 2024-07-19_PW2023-041UpdatedProjBud.pdf 460.36KB Josh McPherson COML Council Packet 8-13-24, Page 36 of 333 Submitter Signature Submitter Email Submittal Date 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. jmcpherson@cityofml.com 7/18/2024 COML Council Packet 8-13-24, Page 37 of 333 1 Garland/DBS, INC. Comprehensive Turn-Key Delivery of Complex Building Envelope Projects July 17th, 2024 City of Moses Lake Subject: Ops # Roof Replacement Dear Mr. McPherson, Thank you for the opportunity to provide a proposal for replacing the flat roofs at the Ops #1 building located at 11789 Rd 4 NE Moses Lake, WA 98837 This proposal represents a turn-key solution by applying Garland/DBS, Inc.’s cooperative purchasing agreement through OMNIA Partners Public Cooperative #PW1925. Benefits received by public agencies for using this cooperative purchasing agreement are as follows: •Pre-Competed Contract – Nationally advertised, bid and awarded contract is available to public agencies across the country without the need to run your own solicitation. •Best Material Pricing & Site Specific Labor Pricing – Proposal price is offered reflecting the best material pricing & local labor rates •All-Inclusive Warranty – Routine installation inspections and weekly progress reports are provided by your local Garland Representative (Drew Wright) to insure proper install practices and requirements. At project completion the (30-Year NDL) warranty is issued covering labor & materials for the roof. •Reduction of Administrative Costs – By procuring the roof project this way, time and money spent on solicitation, pre-bid meetings, construction document development and project closeout is greatly reduced. •Partnership with Reputable Company – Garland has been in the roofing/waterproofing industry since 1895 with more than 125-years of experience. We hold the highest corporate D&B rating (5A1) and run a current asset to liabilities ratio of 5:1. Additionally, a warranty expense that runs less than 3% of sales and is internally funded. As time permits, please review the following proposal and feel free to contact me if you have any additional questions or concerns. Drew Wright Eastern Washington/ North Idaho Mobile: (208) 899-5508 Email: dwright@garlandind.com COML Council Packet 8-13-24, Page 38 of 333 1. 2. 3. 4. 5. 6. 7. 8. INSPECT EXPOSED WOOD NAILERS AND REPLACE ALL DAMAGED WOOD BLOCKING WITH PTW (UNIT COST). INSTALL ADDITIONAL WOOD BLOCKING/NAILERS TO MEET DETAILS. IN AREAS DESIGNATED FOR ROOFING, REMOVE EXISTING SINGLE PLY MEMBRANE IN FIELD & FLASHINGS. REMOVE EXISTING COVERBOARD IN FIELD ONLY, WALL FLASHING BOARD TO REMAIN. REMOVE AND REPLACE ALL COUNTERFLASHINGS AND EDGE METAL. INSTALL NEW 24GA RMER EDGE COPING AND NEW 24 GA KYNAR COUNTERFLASHINGS PER DETAIL. ALL MECHANICAL CURBS MUST BE HIGH ENOUGH TO ACHIEVE A MINIMUM 8" FLASHING. RAISE MECHANICAL UNITS AND ADD ADDITIONAL BLOCKING TO CURBS TO ACHIEVE THE 8" MINIMUM . INSTALL CANT STRIPS AT WALLS, PARAPET WALLS & CURBS SET IN MASTIC. INSTALL TAPERED CRICKETS ON HIGH SIDES OF ALL CURBS TO PROMOTE POSITIVE DRAINAGE . INTERNAL DRAIN ASSEMBLIES ARE TO REMAIN. ENSURE EXISTING DRAIN ASSEMBLIES ARE IN FUNCTIONING CONDITION. REPLACEMENT OF INTERNAL DRAIN BOWL ASSEMBLIES WILL BE DONE AT UNIT COST. INSTALL A MINIMUM 1/2" PRIMED GYPSUM BOARD (DENSDECK OR SECUROCK) MECHANICALLY ATTACHED PER INSULATION ATTACHMENT PATTERN PROVIDED. INSTALL 2-PLY MOD BIT SYSTEM SET IN WEATHERKING ADHESIVE AT A RATE OF 2.0-2.5 GAL/SQ. INSTALL SYSTEM PER MANUFACTURERS INSTALL INSTRUCTIONS AND PUBLISHED DETAILS. Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Moses Lake Ops #1 Building 11789 Rd 4 NE Moses Lake, 98837 Date Submitted: 07/17/2024 Proposal #: 25-WA-240844 MICPA # PW1925 WASHINGTON General Contractor License #: UBI # 603-013-262 GARLAI*903K4 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following proposal is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market- adjusted price whenever possible. Scope of Work: Page 1 of 3 COML Council Packet 8-13-24, Page 39 of 333 9. 10. Proposal Price Based Upon Market Experience:608,546$ 1 Fisher Construction 2 Premier Roofing 3 Kreuger Sheet Metal Drain Replacement Each Additional Insulation Replacement per Sq. Ft. Wood Blocking (Nailer) Replacement per Ln. Ft. Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. PROVIDE OWNER WITH 2-YEAR WORKMANSHIP WARRANTY & 30-YEAR NDL MANUFACTURERS WARRANTY. 781,161$ Sales and use taxes are excluded. Please add applicable Washington State Taxes in addition to the final proposal price. Permits & Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is included to which it obtains to the scope of work. Interior Temporary protection is excluded. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. 3.42$ 7.70$ Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Garland/DBS Price Based Upon Local Market Competition: Fisher Construction - Unforeseen Site Conditions: 2,052.00$ 608,546$ 624,012$ CLEAN PROJECT AREA OF ALL CONSTRUCTION DEBRIS DEVELOPED DURING THE PROJECT. CLEAN ROOF OF ALL LOOSE DEBRIS/GRANULES. REMOVE ANY MATERIAL MARKINGS FROM UNITS/PENETRATIONS. Page 2 of 3 COML Council Packet 8-13-24, Page 40 of 333 Respectfully Submitted, Jarod Miller Garland/DBS, Inc. (216) 430-3606 If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Jarod Miller Page 3 of 3 COML Council Packet 8-13-24, Page 41 of 333 INVITATION TO BID 1.Project Name: City of Moses Lake - Ops 1 Building Re-Roof 2.Summary SOW: Demo existing membrane and cover board, remove and replace wet insulation with similar composition & thickness, mechanically attach 1/2" primed gypsum board per ASCE 7-16, install 2-Ply Modified Bituminous roofing in a cold process adhesive, install new 24 ga ANSI SPRI ES-1 Coping, install new 24 ga kynar counter flashings, provide owner with a 2-year workmanship warranty and 30-Year NDL manufacturers warranty. 3.This document contains the invitation to bid for the project named above. This bidding document is not part of the Contract Documents, unless specifically referenced in the Owner/Contractor Agreement. 4.Submission of Bids: Submit Garland/DBS Bid Form 5.Submissions Due: July 16th, 2024 @ 2:00 PM SUBMIT BID FORM TO: dbsbids@garlandind.com 6.Oral, written, or telecopied modifications to bids will not be considered. Modifying or qualifying statements of any kind shall be on a separate sheet and submitted in the same manner as stated in item 5. 7.The Owner reserves the right to reject or accept any or all bids or parts of bids and to enter into negotiations with any bidder. The Owner reserves the right to waive any alleged breach of technicality. 8.The Owner reserves the right to modify the Contract Documents and re-bid the project, if necessary, to meet owners budgetary requirements. 9.Technical and Facilities Questions: During the bidding period, technical and design questions should be referred to: Mr. Drew Wright The Garland Company, Inc (208)899-5508 dwright@garlandind.com Pre-Bid Meeting: The pre-bid meeting is for all contractors that would like to bid this project. The pre-bid meeting will be offered on July 2nd, 2024 @ 11:00AM (11789 Road 4 NE Moses Lake, WA 98837) END OF DOCUMENT COML Council Packet 8-13-24, Page 42 of 333 ADDENDUM #1 Date: 7/11/2024 Subject: City of Moses Lake - Ops 1 Roof Replacement Project Addendum #1 All, Please see the attached results from a Tramex scan performed by The City of Moses Lake in April 2024. There is approximately 526 sqft of wet roof area identified with readings over 50%. Please add in a minimum 526 sqft of (2) layers of 2" polyiso insulation replacement into your base bid. Any additional insulation replacement will be billed at the unit cost listed on your bid form. If you have any questions or concerns please let us know. Thank you, Drew Wright Garland (208)899-5508 dwright@garlandind.com COML Council Packet 8-13-24, Page 43 of 333 Roof drain 60"/4 SO% 60% 70% 60% Roof drain Roof drain COML Council Packet 8-13-24, Page 44 of 333 City of Moses LakeOPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837SHT 1 - COVER SHEET SHT 2 - GENERAL NOTES SHT 3 - ROOF PLAN SHT 4 - 2-PLY DETAILS SHT 5 - 2-PLY DETAILS SHT 6 - 2-PLY DETAILSDRAWING INDEXKEY PLANLOCATION MAPAREA OFAREPLANKEY PLANPLANMONTGOMEGOMEGOMEGOMERY STREGOMERY SSTRESTREETSTREETDISONMADISONREETREETN STREETN STRN STRDISONDISONDISON STRREETREETAREF WOEA OF WOAREA OF WOEA OFRK:EA OF WORK:EA OF WORK:RK:F WORK:F WOF WOEA OF WORK:NNNNNE STREETEETE STREETE STREETE STRSTSTATE STRE STRE STRE STREETE STRNNPLANKEY PLANPLANRK:RK:RK:RK:E STRE STREETE STRE STRE STRSTATE STRSTE STRE STRE STRE STRE STRE STRE STRE STRSTATESTSTATESTMONTGOMEGOMEGOMEGOMEGOMEGOMEGOMEGOMEGOMEGOMERY SGOMERY STRESTREETSTREETSTREETMADDISON STRDISONDISON STRDISONDISONDISONDISON STRMADISONREETREETREETN STREETN STRN STRN STRN STRN STRDISONDISONN STRDISON STRE STRE STREETE STREETE STRE STR OFSHEET:REVISION:CHK BY:DWG BY: DWGARLAND REP: PROJECT NO: TBDDREW WRIGHTDATE: 61City of Moses LakeOPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 45 of 333 GENERAL NOTESNOTES1.STORE AND HANDLE ROOFING MATERIALS IN A DRY, WELL VENTILATED, WEATHER-TITE PLACE. STORE ROLLS AND OTHER SHEET MATERIALS ON RAISED SURFACE. COVER ROLL GOODS WITH A CANVAS TARPAULIN OR OTHER BREATHABLE MATERIAL (NOT POLYETHYLENE) IF LEFT ON ROOF OVERNIGHT. 2.DO NOT LEAVE UNUSED MATERIALS ON THE ROOF WHEN ROOFING WORK IS NOT IN PROGRESS UNLESS PROTECTED FROM WEATHER AND OTHER MOISTURE SOURCES.3.IT IS THE RESPONSIBILITY OF THE ROOFING CONTRACTOR TO SECURE ALL MATERIAL AND EQUIPMENT ON THE JOB SITE. MATERIALS OR EQUIPMENT LEFT IN THE PARKING LOT OR AT GROUND LEVEL MUST BE SECURED WITH A CHAIN LINK FENCE AND LOCK.4.DO NOT APPLY ANY OF THE ROOFING PRODUCTS TO A DAMP OR WET SUBSTRATE.5.MAINTAIN A SAFE AND TIDY WORK SITE AT ALL TIMES.6.THE ROOFING CONTRACTOR SHOULD BE AWARE OF OWNERS PROPERTY WHEN TEARING OFF THE EXISTING MEMBRANE AND WET INSULATIONS. ELIMINATE UNSIGHTLY CONDITIONS AND PROTECT BUILDING SURFACES & LANDSCAPING. OWNER NOTES/EXCLUSIONS:1.ROOFING CONTRACTOR TO COORDINATE SITE ACCESS WITH FACILITIES TEAM ON A WEEKLY BASIS.2.THE USE OF RESTROOMS INSIDE THE FACILITY IS PROHIBITED. THE ROOFING CONTRACTOR IS RESPONSIBLE FOR STAGING THEIR OWN TEMPORARY FACILITY FOR USE DURING THE ENTIRE PROJECT. 3.THE ROOFING CONTRACTOR IS RESPOSIBLE FOR PROVIDING THEIR OWN POWER SOURCE. THE USE OF OUTLETS INSIDE/OUTSIDE THE FACILITY IS NOT GURANTEED.4.MAINTAIN A SAFE WORKSPACE AT ALL TIMES. THE FACILITY WILL BE FULLY OCCUPIED DURING THE ENTIRE PROJECT. USE OF SINAGE, SAFETY CONES AND SPOTTERS IS ENCOURAGED. 5.THE ROOFING CONTRACTOR IS RESPONSIBLE FOR SUPPLYING AN ONSITE DUMPSTER AND REMOVING WASTE FROM THE PROJECT AREA. USE OF CITY RECEPTICALS IS PROHIBITED. 6.NO SMOKING OR VAPING IS ALLOWED ON-SITE. A DESIGNATED LOCATION FOR SUCH ACTIVITIES WILL BE IDENTIFIED AT THE PRE-CONSTRUCTION MEETING.SCOPE OF WORK NOTES2-Ply Mod Bit System - 30-Year NDL WarrantyGENERAL NOTES:1.IT IS THE ROOFING CONTRACTOR'S RESPONSIBILITY TO FAMILIARIZE THEMSELVES WITH ALL DETAILS INVOLVED IN THE ROOFING SCOPE OF WORK.2.ALL DRAWINGS ARE GRAPHIC REPRESENTATIONS OF APPROXIMATE LOCATIONS OF EXISTING AND NEW MATERIALS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ALL EXISTING CONDITIONS PRIOR TO COMMENCEMENT OF WORK.3.THE ROOFING CONTRACTOR SHALL PROTECT ALL ADJACENT SURFACES NOT SCHEDULED FOR WORK AND TO REPAIR ANY DAMAGED AREAS AS A RESULT OF CONTRACTOR WORK AT NO ADDITIONAL COST TO THE OWNER.4.THE ROOFING CONTRACTOR IS RESPONSIBLE TO MAINTAIN WATER TIGHTNESS AND PROVIDE PROTECTION AT ANY/ALL OPENINGS IN THE ROOF LEFT AT THE END OF EACH CONSTRUCTION DAY.5.ROOFING CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS, CONDITIONS, AND QUANTITIES. ROOFING SUMMARY SCOPE OF WORK:1.IN AREAS DESIGNATED FOR ROOFING, REMOVE EXISTING SINGLE PLY MEMBRANE IN FIELD & FLASHINGS. REMOVE EXISTING COVERBOARD IN FIELD ONLY, WALL FLASHING BOARD TO REMAIN.2.REMOVE AND REPLACE ALL COUNTERFLASHINGS AND EDGE METAL. INSTALL NEW 24GA R-MER EDGE COPING AND NEW 24 GA KYNAR COUNTERFLASHINGS PER DETAIL.3.INSPECT EXPOSED WOOD NAILERS AND REPLACE ALL DAMAGED WOOD BLOCKING WITH PTW (UNIT COST). INSTALL ADDITIONAL WOOD BLOCKING/NAILERS TO MEET DETAILS. 4.ALL MECHANICAL CURBS MUST BE HIGH ENOUGH TO ACHIEVE A MINIMUM 8" FLASHING. RAISE MECHANICAL UNITS AND ADD ADDITIONAL BLOCKING TO CURBS TO ACHIEVE THE 8" MINIMUM .5.INSTALL TAPERED CRICKETS ON HIGH SIDES OF ALL CURBS TO PROMOTE POSITIVE DRAINAGE . INTERNAL DRAIN ASSEMBLIES ARE TO REMAIN. ENSURE EXISTING DRAIN ASSEMBLIES ARE IN FUNCTIONING CONDITION. REPLACEMENT OF INTERNAL DRAIN BOWL ASSEMBLIES WILL BE DONE AT UNIT COST.6.INSTALL A MINIMUM 1/2" PRIMED GYPSUM BOARD (DENSDECK OR SECUROCK) MECHANICALLY ATTACHED PER INSULATION ATTACHMENT PATTERN PROVIDED .7.INSTALL CANT STRIPS AT WALLS, PARAPET WALLS & CURBS SET IN MASTIC8.INSTALL 2-PLY MOD BIT SYSTEM SET IN WEATHERKING ADHESIVE AT A RATE OF 2.0-2.5 GAL/SQ. INSTALL SYSTEM PER MANUFACTURERS INSTALL INSTRUCTIONS AND PUBLISHED DETAILS. 9.CLEAN PROJECT AREA OF ALL CONSTRUCTION DEBRIS DEVELOPED DURING THE PROJECT. CLEAN ROOF OF ALL LOOSE DEBRIS/GRANULES. REMOVE ANY MATERIAL MARKINGS FROM UNITS/PENETRATIONS. 10.PROVIDE OWNER WITH 2-YEAR WORKMANSHIP WARRANTY & 30-YEAR NDL MANUFACTURERS WARRANTYOFSHEET:REVISION:CHK BY:DWG BY: DWGARLAND REP: PROJECT NO: TBDDREW WRIGHTDATE: 62INSULATION ATTACHMENT PATTERN City of Moses Lake OPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 46 of 333 OFSHEET:REVISION:CHK BY:DWG BY: DWGARLAND REP: PROJECT NO: TBDDREW WRIGHTDATE: 63City of Moses LakeOPS #1 Roof Replcement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 47 of 333 1SHT 4TYPICAL ROOF ASSEMBLY DETAIL2SHT 4CURB DETAIL3SHT 4PLUMBING STACK DETAIL4SHT 4PARAPET WALL DETAILOFSHEET:REVISION:CHK BY:DWG BY:DWGARLAND REP: PROJECT NO: TBDDREW WRIGHTDATE: 64City of Moses LakeOPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 48 of 333 1SHT 5EXPANSION JOINT DETAIL2SHT 5SINGLE ROOF DRAIN DETAIL3SHT 5ROOF HATCH DETAIL4SHT 5EXISTING EQUIPMENT SUPPORT DETAILOFSHEET:REVISION:CHK BY:DWG BY: DWGARLAND REP: PROJECT NO: TBDDREW WRIGHT65City of Moses LakeOPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 49 of 333 1SHT 5COMBO ROOF DRAIN DETAIL2SHT 53SHT 54SHT 5OFSHEET:REVISION:CHK BY:DWG BY: DWGARLAND REP: PROJECT NO: TBDDREW WRIGHTDATE:66City of Moses LakeOPS #1 Roof Replacement 11789 Rd 4 NE. Moses Lake, WA 98837COML Council Packet 8-13-24, Page 50 of 333 COML Council Packet 8-13-24, Page 51 of 333 007200-1 SECTION 00 72 00 GENERAL CONDITIONS PART 1 GENERAL 1.1 DEFINITIONS A.The contract document consists of the AGREEMENT, the GENERAL CONDITIONS of the contract, the DRAWINGS and the SPECIFICATIONS, including all revisions hereto. B.The Owner, the Contractor and the Owner’s Representative shall be indicated as such throughout these documents. The term Contractor as used herein shall designate the successful bidder to whom the roof contract is awarded. C.The term Owner shall be understood to be [City of Moses Lake]. D.The term Owner’s Representative shall be understood to mean the representative of the primary material manufacturer [The Garland Company, Inc]. 1.2 OWNER’S REPRESENTATIVE STATUS A.The Owner’s Representative shall have general Rights of Inspection of the work and is the agent of the Owner in all matters pertaining to the work as provided in the Contract Documents. The Owner’s Representative has the authority to stop work whenever such stoppage may be necessary to ensure the proper execution of the contract and shall have authority to reject any and all materials, whether worked or unworked, if such materials are not in accordance with the plans and specifications. 1.3 CONDTION OF SITE A.The bidders shall visit the site before submitting their bids and determine the field conditions affecting their work. In considering the bids, the Owner will assume that the bidders are aware of all items, pertinent to their work and have made allowance for same in their bids. 1.4 VERIFICATION OF DIMENSIONS AND ELEVATIONS A.Dimensions and elevations indicated on the drawings in reference to existing structures or utilities are the best available data but are not guaranteed by the Owner’s Representative and the Owner’s Representative will not be responsible for their accuracy. Before bidding on any paperwork dependent upon the data involved, the Contractor shall field check and verify all dimensions, grades, lines, levels or other conditions of limitations at the site to avoid construction errors. If any work is performed by the Contractor or any of his/her subcontractors prior to adequate verification or applicable data, any resultant extra cost for adjustment of work as required to conform to existing limitations, shall be assumed by the Contractor without reimbursement or compensation by the Owner. COML Council Packet 8-13-24, Page 52 of 333 007200-2 1.5 PROTECTION OF OWNER’S OPERATIONS A.The Contractor shall erect such barriers, tarpaulins, doors, etc., as may be necessary to protect the Owner’s operations while work is in progress. Any such openings that are essential to carrying on the work shall be securely closed by the Contractor when not in use to protect the Owner’s operations. 1.6 PROTECTION OF WORK AND PROPERTY A.The Contractor shall maintain adequate protection of all his/her work from damage and shall protect the Owner’s and adjacent property from injury or loss arising from this contract. He/she shall provide and maintain at all times any danger signs, guards and/or obstructions necessary to protect the public and his/her workmen from any dangers inherent with or created by the work in progress. He/she shall hold the Owner harmless from any loss arising due to injury or accident to the public or his/her workmen, or from theft of materials stored at the job site. All materials will be stored in locations other than on roof surfaces except as necessary and shall then be placed on plywood or other type of material to protect the roof surface at all times. B.Before starting any work, the Contractor shall protect all grounds, copings, paving and exterior of all buildings where work will be performed. C.In those areas where materials and/or cold process adhesive will be raised to the roof area, a protective covering shall be placed from the base of the wall extending up and over the top edge of the roof. This coverage shall be wide enough to assure that the exterior walls do not become stained or soiled during roofing operations. D.Any areas of the building or grounds which have become stained or damaged in any way shall be repaired or replaced by the Contractor prior to the final inspections. The method of repair used must be acceptable to both the Owner and the Owner’s Representative. 1.7 MATERIAL STORAGE AND CLEAN-UP A.The Contractor shall keep the premises free from rubbish at all times and shall arrange his/her material storage so as not to interfere with the Owner’s operations. At the completion of the job, all the unused material and rubbish shall be removed from the site. The ground shall be raked clean and the building shall be broom cleaned. If the Contractor refuses at any time to remove his/her debris from the premises, or to keep the working area clean, such cleaning will be completed by the Owner and deducted from the balance due the Contractor. B.The Contractor shall also remove drippage of bitumen or adhesive from all walls, windows, floors, ladders and finished surfaces. Failure to do so will result in the work being done by others and the cost shall be deducted from the balance due the Contractor. C.Materials must be delivered with manufacturer’s label in tact and legible. Labels must be affixed to the outside of the package stating the type of product, name and address of the manufacturer. All materials shall be stored and protected against weather, vandalism, and theft. Any materials found to be damaged or missing shall be replaced by the Contractor at no cost to the Owner. 1.8 INSPECTION OF WORK COML Council Packet 8-13-24, Page 53 of 333 007200-3 A.Where the drawings or specifications require the inspection and approval of any work in progress by the Owner’s Representative, the Contractor shall give that Representative ample notice to allow for scheduling the inspection, which shall be made promptly to avoid delay of work. If work has progressed without the required inspections or approval by the Representative, it shall be uncovered for inspection at the Contractor’s expense. B.Uncovering of work not originally inspected, or uncovering questioned work may be ordered by the Owner’s Representative and it shall be done by the Contractor. If examination proves such work to be incorrectly done or not done in accordance with the plans and specifications, the Contractor shall bear all cost of the reexamination. If the work is proven correctly installed, all such expense shall be born by the Owner. 1.9 INSPECTION OF WORK IN PROGRESS AND UPON COMPLETION A.If directed by the Owner’s Representative, the Contractor shall cut not more than four (4) cores, of approximately 200 square inches each, from every newly constructed roof area, in order to establish the amount of materials used per square foot, and shall restore all such areas to sound and watertight conditions as prior to the core testing. B.In the event that such core cuts disclose any deficiency in materials, or soundness of construction, the Contractor shall, at his/her own expense, apply additional materials or otherwise correct the deficiencies to the satisfaction of the Owner’s Representative. C. Noncompliance with the terms of this specification and ensuing contract can result in either the cancellation of the contract, or complete replacement of the defective areas at the Contractor’s expense. In the event of cancellation, the Owner will not be obligated to compensate the Contractor for any work undertaken in a defective manner D. Damages caused by water infiltration resulting from the failure of the Contractor to secure each day’s work in a weather tight manner, will be corrected at the Contractor’s expense. Included as damages will be all labor costs incurred by the Owner as a result of such water infiltration. E.The Owner will require the Owner’s Representative to examine the work in progress, as well as upon completion, in order to ascertain the extent to which the materials and procedures conform to the requirements of these specifications and to the published instructions of the Manufacturer. F. The authorized Owner’s Representative shall be responsible for: 1.Keeping the Owner informed on a periodic basis as to the progress and quality of the work; 2.Calling to the attention of the Contractor those matters he/she considers to be in violation of the contract requirements; 3.Reporting to the Owner any failure or refusal of the Contractor to correct unacceptable practices; 4.Conducting preliminary and subsequent job-site meetings with the Contractor’s official job representative; 5.Supervising the taking of test cuts, and the restoration of such areas; 6.Rendering any other inspection services which the Owner may designate; and COML Council Packet 8-13-24, Page 54 of 333 007200-4 7.Certifying, after completion of the work, the extent to which the Contractor has complied with these specifications as well as to the published instructions of the Manufacturing Company. G.The presence and activities of the Owner’s Representative shall in no way relieve the Contractor of his/her contractual responsibilities. 1.10 MISCELLANEOUS UTILITIES A. Electrical power will be furnished by the Owner for small tools only. All connections to the electrical system will be furnished by the Contractor. B.Water for concrete, mortar, washing and drinking purposes will be furnished by the Owner. Any connections to the water system shall be completed by the Contractor. C.At the completion of the work, or when the above connections are no longer required, the Contractor shall remove all connections and leave the facilities in a condition at least as satisfactory as prior to the commencement of his/her work. D.Toilet facilities will be provided by the Contractor. The Contractor will be responsible for supplying a portable toilet on the job-site. The Contractor’s personnel are not permitted to enter the building without proper authorization from the Owner or Owner’s Representative. 1.11 CHANGES OR EXTRA WORK A.The Owner may, without invalidating the original contract, order such changes or additions as may from time to time be deemed desirable. In so doing, the contract price shall be adjusted, as stated below, with all work being done under the conditions of the original contract except for such adjustments in extension of time as may be acceptable to the Owner. The value of such extra work shall be determined in one of the following ways: 1.By firm adjustment; 2.By cost plus with a guaranteed maximum; 3.By cost with a fixed fee; or 4.By unit cost. B.If agreement is reached that the extra cost shall be handled as per methods 2, 3, or 4, the Contractor shall keep and compile a correct amount of the cost together with such vouchers, etc., as may be necessary to substantiate same for presentation to the Owner. The Owner’s Representative shall have authority to make minor job changes or additions as may be necessary to expedite the job providing such changes do not involve additional material cost. No major change or addition shall be made except upon receipt by the Contractor of a signed order from the Owner authorizing such a change. No claims for an extra to the contract price shall be valid unless so authorized. C.All work covered by unit prices submitted by the Contractor in his/her proposal must be covered by a written work order. The Owner’s Representative will prepare the work order in triplicate covering the quantity of work and the total cost of the work. The work order which will be written at the end of each day, will be signed by the Owner’s Representative and the Contractor’s foreman and/or superintendent. 1.12 CORRECTION OF WORK PRIOR TO FINAL PAYMENT COML Council Packet 8-13-24, Page 55 of 333 007200-5 A.The Contractor shall promptly remove any work that does not meet the requirements of the plans and specifications or is incorrectly installed or otherwise disapproved by the Owner of the Owner’s Representative as failing to meet the intent of the plans and specifications. The Contractor shall promptly replace any such work without expense to the Owner and shall bear the cost of making good all work of other contractors, or the Owner, destroyed or damaged by such removal or replacement. 1.13 CORRECTION OF WORK AFTER FINAL PAYMENT A.The Contractor shall guarantee all materials and workmanship for two (2) years from date of final payment of the contract by the Owner. Any defects which may arise during this period shall be promptly repaired by the Contractor including any damage done to the Owner’s property due to such defects. 1.14 DEDUCTION FOR UNCORRECTED WORK A.If the Owner deems it unacceptable to have the Contractor correct work which has been incorrectly done, a deduction from the contract price shall be agreed upon therefore. Such a deduction from the contract price shall in no way affect the Contractor’s responsibility for defects which may occur nor his/her ability for correcting them, and damage caused by them. 1.15 LIENS A.The Contractor shall, if required by the Owner, furnish him/her with a release in full of all liens arising out of this contract or in lieu thereof, and receipts in full for all materials and labor on the job. In either case, the Contractor shall furnish an affidavit that the liens or receipts include all the labor and material for which a lien could be filed. In lieu of the above, the Contractor may at his/her option furnish a bond to indemnify the Owner against all hazard of liens. Neither part nor final payment shall in any way release the Contractor from the above obligation and in the event that part or full payment has been made and any lien remains undischarged, the Contractor shall refund to the Owner the necessary funds to discharge such a lien including all cost and attorney’s fees. 1.16 JOB CONDITIONS A.All surfaces to be covered shall be smooth, dry, and free from dirt, debris, and foreign material before any of this work is installed. Pumping equipment shall be located on the ground at a safe distance from building; the location being subject to the approval of the Owner. The Contractor shall be responsible for guarding against fires, and shall provide suitable fire extinguishers conveniently located at the site. Competent operators shall be in attendance at all times equipment is in use. Materials shall be stored neatly in areas designated by the Owner and dispersed so as to present a minimum fire hazard. Loads placed on the roof at any point shall not exceed the safe load for which the roof is designed. B.There is NO SMOKING/VAPING allowed on building grounds and the Contractor shall be responsible for enforcement of this job rule at all times with his/her personnel. C.The Contractor should be aware of Owner’s property when tearing off the existing roof. This is required for removal of dirt, silt, debris, roof membrane and insulation from the roof surface in order to preserve the ecology, eliminate unsightly conditions and protect building faces. Specific locations will be discussed at the pre bid conference. COML Council Packet 8-13-24, Page 56 of 333 007200-6 D.Rolled Roofing Materials: All rolled roofing materials must be stored standing on end on a pallet or otherwise raised off of the roof. The materials are to be covered in a proper manner to assure that they will not become wet prior to application. Any materials that become wet or damaged must be removed from the job-site and replaced at the Contractor’s expense. E.Ladders: Any ladders used on this project must be in good condition. The ladder must also be secured at the roof line at all times while in use. All ladders must be O.S.H.A. approved. F.No drugs or alcoholic beverages are permitted on the grounds. G.The Contractor shall place necessary barriers and/or protection around or under all work areas where his/her operations involve risk of injury to plant. H.The Contractor will also protect the building structure from damage in the process of the job. In the event that damage does occur to any property or equipment, or the Owner’s work in process, notification must be made within two (2) working days of the incidents to the Owner and Owner’s Representative. I.During the progress of the job, if waste material and rubbish are found or damage resulting from the Contractor’s operations is found, or the Contractor does not comply with the requirement by keeping the premises free of accumulations and correct the damage, it shall be the Owner’s prerogative to hire personnel to do so; and the cost of this work will be deducted from the balance due the Contractor. J.Existing roof top equipment walls, windows, etc. shall be completely protected by masking or other effective methods. Any mastics or asphalt must be cleaned off metal surfaces. K.The Contractor is responsible for protecting all materials from the elements. If any material, such as insulation, becomes wet, it cannot be installed and must be replaced at the Contractor’s expense. NOTE: Insulation and rolled roofing materials must be covered with waterproof tarps at the end of each work day. Plastic wrappers supplied by the insulation manufacturer are not acceptable substitutes for tarps. The Owner’s Representative will reject any covering method material which does not adequately protect roofing materials. L.Anyone guilty of willful destruction or unlawful removal of company property will be dismissed from the job and is subject to prosecution by law. M.Any lawns damaged by Contractor vehicles will be restored with a stand of grass at the Contractor’s expense. Any damaged pavements will likewise be restored at the Contractor’s expense. N.The Contractor must verify that all materials can be installed to accommodate the building design, pertinent codes and regulations, and the manufacturer’s current recommendations. O.The Contractor will ensure that all substances are clean, dry, sound, smooth, and free of dirt, debris, and other contamination before any materials are supplied. COML Council Packet 8-13-24, Page 57 of 333 007200-7 Q.Any isolated areas that must be torn off and replaced will be built-up to the height of the existing roof prior to the installation of the new roofing membrane system. 1.17 WORKMANSHIP A. All materials will be securely fastened and placed in a watertight, neat and workmanlike manner. All workmen shall be thoroughly experienced in the particular class or work upon which they are employed. All work shall be done in accordance with these specifications and shall meet the approval of the Owner or Owner’s Representative. The Contractor’s representative or job supervisor shall have a complete copy of specifications and drawings on the job-site at all times. B.Contractor shall plan and conduct the operations of the work so that each section started on one day is complete and thoroughly protected before the close of work for that day. 1.18 INSULATION A.Insulation shall have accurate dimensional stability so as to properly conform to the surfaces of the roof, cants, curbs, pipes, etc. Joints between boards shall be tight and insulation shall be held back ½” from vertical surfaces and sumps. Insulation shall be protected from the weather at all times. No more insulation shall be laid than can be completely covered with roof materials on the same day. B.Insulation that becomes wet during or after installation shall be removed and replaced with dry insulation. If roofing is in place, the roofing shall be also replaced. All replacing work shall be done at no added cost to the Owner. 1.19 ROOF DECK A.Contractor shall notify the Owner or Owner’s Representative of any unforeseen areas of wet insulation. Where the damage is serious and extensive, it will be the Owner’s prerogative to authorize removal and replacement of deteriorated roofing, insulation and repair of the vapor barrier, if present. Where damage to the roof deck is found, the Contractor shall furnish the Owner with a unit price for removal and replacement of the damaged deck. 1.20 SAFETY A.Contractor shall conform to requirements as designated by the United States Federal Government (O.S.H.A.). Contractor shall abide by all regulations as outlined in the O.S.H.A. handbook and shall have a handbook on location at all times. B.Contractors hereby acknowledged that they and their workers have undergone Safety Training and shall at all times act in compliance with all NRCA recommended safety compliance rules and regulations. 1.21 INSURANCE A.The following standard indemnity agreement and minimum insurance requirements are incorporated in the Specifications for all work performed by Contractors for the COML Council Packet 8-13-24, Page 58 of 333 007200-8 Owner, its affiliated and associated organizations or subsidiaries, hereinafter referred to as Owner. 1.THE CONTRACTOR AGREES TO INDEMNITY AND SAVE THE OWNER AND OWNER’S REPRESENTATIVE HARMLESS FROM AND AGAINST ANY AND ALL COSTS, LOSS AND EXPENSE, LIABILITY DAMAGES, OR CLAIMS FOR DAMAGES, INCLUDING COST FOR DEFENDING ANY ACTION, ON ACCOUNT OF ANY INJURY TO PERSONS (INCLUDING DEATH) OR DAMAGE TO OR DESTRUCTION OF PROPERTY OF THE OWNER, ARISING OR RESULTING FROM THE WORK PROVIDED FOR OR PERFORMED, OR FROM ANY ACT, OMISSION, OR NEGLIGENCE OF THE CONTRACTOR, SUBCONTRACTOR AND THEIR AGENTS OR EMPLOYEES. THE FOREGOING PROVISIONS SHALL IN NO WAY BE DEEMED RELEASED, WAIVED OR MODIFIED IN ANY RESPECT BY REASON OF ANY INSURANCE OR SURETY PROVIDED BY THE CONTRACTOR. 2.All sub-contractors are required to file Certificated of Insurance properly completed and signed by an authorized insurance company representative before their work commences on the job or job site. No monies will be paid until the acceptable certificates are on file with the Contractor. Such certificates shall provide that there will be no cancellation, reduction or modification of coverage without thirty (30) days prior written notice to the Contractor. In the event such certificates are not provided to the Contractor prior commencement of work, Contractor’s failure to demand such certificates shall not be deemed a waiver of Subcontractor’s requirement to obtain the subject insurance. 3.The Contractor shall provide and maintain standard fire, extended coverage perils, vandalism and malicious mischief insurance to protect the interest of both the Contractor and the Owner for materials brought into the job or stored on the premises. Such insurance shall be for 100% of the insurable value of the work to be performed including all items of labor and materials incorporated therein, materials stored at the job-site to be used in completing the work, and such other supplies and equipment incidental to the work as are not owned or rented by the Contractor, the cost of which are included in the direct cost of the work. This insurance shall not cover any tools, derricks, machinery, tar buckets, ladders, engines, workmen’s quarters, boilers, pumps, wagons, scaffolds, forms, compressors, shanties, or other items owned or rented by the Contractor, the cost of which is not included in the direct cost of the work. 4.In accordance with Section (1.21), the Contractor and subcontractor(s) shall maintain the following insurance: a.Workmen’s Compensation and Employer’s Liability Insurance affording: 1)Protection under the Workmen’s Compensation Law of the States in which the work is performed; and 2)Employer’s Liability protection subject to a minimum limit of $100,000. b.Comprehensive General Liability Insurance in amounts not less than: 1)Personal Injury: $1,000,000 per person (including bodily injury) $1,000,000 per occurrence 2)Property Damage: $1,000,000 per occurrence c.Comprehensive Automobile Liability Insurance in the following minimum amounts: 1)Bodily Injury $1,000,000 per person $1,000,000 per occurrence 2)Property Damage $1,000,000 per occurrence d.This insurance shall: COML Council Packet 8-13-24, Page 59 of 333 007200-9 1)Include coverage for the liability assumed by the Contractor under this section (section 1.21.A.1) (Indemnity); 2)Includes coverage for: a)Premises, operations and mobile equipment liability b)Completed operations and products liability c)Contractual liability insuring the obligation assumed by the subcontractor in this agreement. d) Liability which subcontractor may incur as a result of the operations, acts or omissions of subcontractors, suppliers or material men and their agents or employees; and e)Automobile liability including owned, non-owned and hired automobile. e.All coverage will be on an occurrence basis and on a form acceptable to the Contractor. 1)Include completed operation coverage which is to be kept in force by the Contractor for a period of not less than one year after completion of the work provided for or performed under these specifications; 2)Not be subject to any of the special property damage liability exclusions commonly referred to as the exclusions pertaining to blasting or explosion, collapse or structural damage and underground property; 3)Not be subject to any exclusion of property used by the insured or property in the case, custody or control of the insured or property as to which the insured for any purpose is exercising physical control; and 4)The Certificate of Insurance furnished by the Contractor shall show specific reference that each of the foregoing items have been provided for. 5.The Certificates of Insurance furnished by the Contractor as evidence of the Insurance maintained by him shall include a clause obligating the Insurer to give the Owner thirty (30) days prior written notice or cancellation of any material change in the insurance. 1.22 WORK HOURS AND DAYS A.When the Contract is awarded, the Contractor will contact the Owner’s Representative to arrange the work schedule and the hours of the day that the workmen may be on the building. The job is to be bid under the assumption that all work will be performed on a straight time basis. 1.23 COMPLIANCE WITH LAWS A.The Contractor shall give notices, pay all fees, permits and comply with all laws, ordinances, rules and regulations bearing on the conduct of work. 1.24 OWNER’S RULES A.The Contractor and all his/her personnel/agent(s) shall abide by all rules created by the Owner. The Contractor must contact the Owner’s Representative for specific information regarding the rules governing all operations of the project. B.The Contractor shall properly notify all employees of conditions relating to roof areas with very poor condition and which will be worked on. After such notification, the COML Council Packet 8-13-24, Page 60 of 333 007200-10 Contractor must take all necessary precautions to ensure the safety of his/her employees as well as the building personnel. C.THE CONTRACTOR SHALL “HOLD HARMLESS” THE MATERIAL MANUFACTURER, AGAINST ANY LITIGATION ARISING FROM ANY ACCIDENTS DURING THE COURSE OF THE CONTRACT. 1.25 SAFETY AND ECOLOGY A.The Contractor(s) shall conform to the requirements as designated by the United States Federal Governments (e.g., O.S.H.A). 1.26 ANTI-DISCRIMINATION IN EMPLOYMENT A.Contractors and subcontractors shall not discriminate against any employees or applicant for employment, to be employed in performance of his/her contract, with respect to his/her hire, tenure, terms, conditions or privileges of employment because of his/her race, color, gender, sexual preference, religion, national origin, or ancestry. PART 2 INSTRUCTIONS TO BIDDERS 2.1 WITHDRAWAL OR MODIFICATION OF BID A. Any Bidder may withdraw his/her bid at any time before the scheduled closing date of the bid by appearing in person or by sending an authorized representative of the Bidder. An appointment should first be scheduled by calling the Owner’s Representative. The Bidder or his/her representative shall be asked to sign, in writing that the bid was returned to him/her/ after the withdrawal from the contract, the Bidding Contractor may not resubmit them. 2.2 BID OPENINGS A.Bids will be received by a proposal manager within Garland/DBS, Inc. All bids will beadded to a proposal in which the owner and owner representative will review prior prior to award. 2.3 QUESTIONS A.Technical questions regarding this bid can be directed to: [Drew Wright atdwright@garlandind.com] B.If the Contractor feels a conflict exists between what is considered good roofing practice and these specifications, he/she shall state in writing all objections prior to submitting quotations. C.It is the Contractor’s responsibility, during the course of the work, to bring to the attention of the Owner’s Representative any defective membrane, insulation or deck discovered which has not been previously identified. 2.4 RESPONSIBILITY FOR MEASUREMENTS AND QUANTITIES A.The Bidding Contractors shall be solely responsible for all accuracy of all measurements and for estimating the material required to satisfy these specifications. COML Council Packet 8-13-24, Page 61 of 333 007200-11 2.5 DISCREPANCIES AND ADDENDA A. Should a Bidder find any discrepancies in the Drawings and Specifications, or should he be in doubt as to their meaning, he/she shall notify the Owner’s Representative at once, who will send a written Addendum to all Bidders concerned. Oral instructions or decisions, unless confirmed by Addenda, will not be considered valid, legal or binding. B.No extras will be authorized because of the Contractor’s failure to include work called for in the Addenda in his/her bid. C.It shall be the responsibility of all Bidders to call to the Owner’s Representative’s attention at the pre bid meeting, any discrepancies which may exist between or with any of the contract documents, or any questions which may arise as to their true meaning. D.Modifications to the specifications (if necessary) will be followed by an addendum; no verbal discussions or agreements shall be recognized. 2.6 COMPETENCY OF THE BIDDERS A.To enable the Owner to evaluate the competency and financial responsibility of a Contractor, the low Bidder shall, when requested by the Owner, furnish the information indicated in Section 5.0 below, entitled Contractor’s Qualification Statement, which shall be sworn to under oath by him/her or by a properly authorized representative of the Bidder. 2.7 DISQUALIFICATION OF BIDDERS A. Any one or more of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of his/her bid(s): 1.Failure to attend the pre bid meeting; 2.Evidence of collusion among Bidders; 3. Lack of responsibility as revealed by either financial, experience or equipment statements, as submitted; 4. Lack of expertise as shown by past work, and judged from the standpoint of workmanship and performance history; 5.Uncompleted work under other contracts which, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded; or 6.Being in arrears on existing contracts, in litigation with an Owner, or having defaulted on a previous contract. 2.8 NOTICE OF AWARD A.The award of this contract for the work is contingent upon receipt of an acceptable bid. Any part of or all bids may be rejected. All bids shall be good for a period of thirty (30) days following the date the bids are due. The contract shall be deemed as having been awarded when the formal notice of acceptance of his/her proposal has been duly served upon the intended awardee by an authorized officer or agent of the Owner. 2.9 WARRANTY COML Council Packet 8-13-24, Page 62 of 333 007200-12 A.A written warranty which will commence from date of acceptance by Manufacturer must be supplied with the roof installation. This warranty will cover all defects in workmanship and materials. Damages caused by storm, vandalism and other trades are not included in the warranty. This warranty shall be from the manufacturer (See further, Statement of Policy). B.A two year workmanship warranty is required from the Contractor for all remedial maintenance done under the terms of this contract. 2.10 START AND COMPLETION DATE A.Work shall begin within thirty (30) days from the award of this contract, or as agreed upon by all parties. B.All work as required in these specifications and drawings shall be completed within sixty (75) days of the start date, or as agreed upon by the parties. C.Unless work is hampered by long period of inclement weather, by due proof of material unavailability, or by strike, the Owner will assess a penalty in the amount of $300.00 a day for each day beyond the agreed completion date. D.The Contractor is responsible for supplying trained workmen in proper numbers and for scheduling and laying out his/her work, so that it will be started and completed in a professional manner within the time period indicated on his/her Proposal form. E.If the Contractor sets equipment onto the job-site without commencing work immediately, the action will be considered “Spiking the job” which is unacceptable and will be considered a breach of contract by the Contractor; thereby, the contract will be terminated and the Contractor at no cost to the Owner, must remove his/her equipment and possessions from the job-site upon notification by the Owner. 2.11 PAYMENT A.Payment for materials shall only be made after the material has been delivered to the job-site. An invoice for the material must be presented to the Owner for payment. Materials are not to be delivered to the job-site until the project is ready to begin. The Contractor must provide a release of lien from the Material Manufacturer. Subsequent requests for payment can made monthly. Final payment for the project will be made following completion, after final inspection has been made and an invoice presented to the Owner. A 5% retainer shall be held until delivery of the warranty. B.When the job in progress is interrupted for two (2) weeks or longer by causes beyond the Contractor’s control such as a strike, weather, acts of God, etc., the Owner agrees to pay, upon request of the Contractor, a price equivalent to the percentage of work completed at that time. Regular progress payments shall be made for labor and/or materials. C.Each invoice shall be accompanied by a detailed estimate of the amounts and values of labor expended and materials purchased up to the last day of the preceding month. The amount of the invoice shall not exceed ninety percent (95%) of the labor and material values estimated for the preceding month. D.Such payments shall be viewed by both parties as progress payments and shall not in any way relieve the Contractor of performance obligations under this contract, nor COML Council Packet 8-13-24, Page 63 of 333 007200-13 shall such payments be viewed as approval or acceptance of work performed under this contract. E.Final payment shall be withheld until all provisions of the specifications are met, including all necessary clean-up, and the Owner receives written verification of completion. F.Upon completion of the job, the Owner, the Owner’s Representative, and the Contractor will make final inspection of the work done. G.All payments for material used in the execution of this contract can be made by a check issued jointly, payable to the Contractor and Owner’s Representative will sign a completion slip authorizing final payment. H.If requested by the Owner and/or Owner’s Representative, the Contractor shall provide a Letter of Credit from the bank to secure payment to material supplier. I.If requested by the Owner and/or Owner’s Representative, a certified check shall be paid by the Contractor to material supplied prior to release of order. J.If requested by the Owner and/or Owner’s Representative, a certified check shall be paid by the Contractor to material supplier via common carrier upon receipt of delivery. K.Contractor shall have a pre-approved line of credit from the material supplier. L.Final payment shall be made to the Contractor no later than thirty (30) days after job approval, providing the Contractor submits waivers of lien with his/her final invoice indicating that all suppliers have been paid. 2.12 PERFORMANCE AND PAYMENT BOND A.The successful Contractor will be responsible for securing a performance and payment bond from an acceptable bonding company. The cost of the bond will be paid directly by the Contractor. Contractor has to identify his/her bonding company and agent, submitting this documentation with his/her proposal. ” B.Financial documentation prescribed by the Owner to ensure that the Contractor is financially sound and capable of supporting the project to its conclusion. C.If the successful Bidder is incorporated, an affidavit authorizing persons to sign for the Corporation. This should be in the form of minutes of the meeting of the Board of Directors, authorizing person or persons to sign for this contract work and indicating a quorum being present. 2.13 TERMINATION BY THE OWNER FOR CAUSE A.The Owner may terminate the contract and finish the work by whatever reasonable method he/she deems expedient if the Contractor: 1.Persistently or repeatedly refuses to supply specified materials or to provide enough skilled workers to ensure the project will be completed within the time period indicated on his/her Proposal form; COML Council Packet 8-13-24, Page 64 of 333 007200-14 2.Fails to make payment to sub-contractors and/or suppliers for labor and materials as stipulated in the contract documents; and 3.Is guilty of substantial breach of a provision of the contract documents. B.When the Owner terminates the contract for any of the above reasons, the Contractor shall not be entitled to receive further payment until the work is finished. If the unpaid balance of the contract sum exceeds the cost of finishing the work, it will be paid to the Contractor. If the cost to finish the work exceeds the unpaid balance, the Contractor shall pay the difference to the Owner. 2.14 COMPLIANCE WITH LAWS A.The Contractor shall give notices, pay all fees, permits and comply with all laws, ordinances, rules and regulations bearing on the conduct of work. PART 3 --- CONTRACTOR’S INSTRUCTIONS 3.1 TAXES A.Contractor must comply with all state, federal and local taxes. The Contractor shall accept sole and exclusive responsibility for any and all state federal taxes with respect to Social Security, old age benefits, unemployment benefits, withholding taxes and sales taxes. 3.2 CONTRACTOR’S LICENSE A. All pertinent state and local licenses will be required. 3.3 QUALIFICATION OF BIDDERS A. Provide State of (state here) pre-certification forms. 3.4 BUILDING PERMITS A.The acquisition of the applicable permits and associated costs to obtain said permits will the responsibility of the successful Contractor. 3.5 JOB COORDINATION A.Contractor is responsible for daily communication with the Owner or Owner’s Representative relating to areas of roof work in order that the Owner may adequately protect tenant’s personal belongings, and the people themselves against possible damage or injury. Contractor is also responsible for policing and protecting areas involving removal and replacement of roof projections, defective decking or other work involving deck penetration. B.Twenty-four hours prior to starting of the project and/or delivery of materials, thecontractor shall notify BCH Facility Manager (Mike McFadden 208-245-1641) 3.6 CLEAN-UP A. Accumulated debris shall be removed periodically to assure maximum safety and sanitation at all times. At completion of work, the Contractor shall remove all excess material and debris from the site and leave all roof surfaces free from accumulations COML Council Packet 8-13-24, Page 65 of 333 007200-15 of dirt, debris and other extraneous materials. The Contractor shall also remove any and all drippage of bituminous materials from the face of the buildings, floor, window, ladders and other finished surfaces. 3.7 SUPERINTENDENT/FOREMAN A.The Contractor shall keep a competent superintendent/foreman, satisfactory to the Owner and Owner’s Representative, on the job at all times when work is in progress. The superintendent/foreman shall not be changed without notifying the Owner and the Owner’s Representative unless the superintendent/foreman ceases to be in the employ of the Contractor. B.The superintendent/foreman shall represent the Contractor in his/her absence and all directions and instructions given to the superintendent/foreman shall be as binding as if given directly to the Contractor. C.The superintendent/foreman shall be responsible for the conduct of all the Contractor’s employees on the premises and shall promptly take necessary measures to correct any abuses called to his/her attention by the Owner. 3.8 INSPECTIONS A.Before any material applications are made, the Owner or his/her representative and the material supplier representative shall be available to ensure a complete understanding of the specification. B.The accepted Material Manufacturer will have a representative on site a minimum of three (1) times a week to verify compliance with the specifications, answer questions that may arise and provide on-going inspection services. C.A final inspection shall be conducted by Owner, Contractor, and the Owner’s Representative upon being notified of completion of specified work and clean-up. PART 4 – STATEMENT OF POLICY 4.1 ENGINEERING A.In addition to high-quality products, the Material Manufacturer provides recommendations and/or specifications for the proper installation of its material. However, the Material Manufacturer does not, nor does its representative, practice engineering or architecture. The Material Manufacturer makes no judgments on, and hereby disclaim any responsibility for the soundness of any roof deck or other structural component of buildings upon which the Material Manufacturer products are applied. 4.2 GUARANTEES A. A roofing guarantee is available for review from the Material manufacturer for the roofing systems published in these specifications. The guarantee will be issued only upon completion of all the guarantee requirements by an approved Contractor. Such guarantees cannot be altered or amended, nor may any other warranties, guarantees or representations be made by an agent or employee f the Material Manufacturer unless such alteration, amendment or additional representation is issued in writing COML Council Packet 8-13-24, Page 66 of 333 007200-16 and is signed by a duly authorized officer of the Maternal Manufacturer, and sealed with the Material Manufacturer seal. This guarantee does not cover cosmetic deficiencies. THE MATERIAL MANUFACTURER WIL NOT BE RESPONSIBLE FOR ANY DAMAGES TO THE BUILDING OR ITS CONTENTS OR ANY OTHER CONSEQUENTIAL DAMAGES, AND ITS RESPONSIBILITY IS LIMITED TO REPAIRING LEAKS. The Contractor will warranty the roof to the Material Manufacturer for a period of two (2) years. The Contractor will inspect the roof with the Owner’s Representative 18 months after completion, and, at the Contractor’s expense, correct any workmanship defects before the 24th month following completion of the project. 4.3 APPROVED CONTRACTORS A.The roof systems must be applied only by those contractors who have received approval from the Material Manufacturer for such installations. No guarantees will be issued when installation has been performed by a non-approved contractor. 4.4 ROOFING SEQUENCE A. Phase roofing is not acceptable. Any insulation or base layers laid in any one day must be covered with the properly installed roof system that same day. Failure to do so will void any warranties and no guarantee will be issued for the roofing system. 4.5 ACCEPTABILITY OF COMPLETED WORK A.The acceptability of completed roofing work will be based on its conformance to the contract requirement. The Material Manufacturer is not obligated to accept non- conforming work, and such non-conforming work may be rejected. The rejected work shall be promptly replaced or corrected in a manner and by methods approved by the Material Manufacturer at the Contractor’s expense. The Material Manufacturer will instruct the Contractor’s foreman and work crew on the proper methods of installation of the roofing system, and will follow-up on a regular basis to inspect the work being done. Any deficiencies from the specified work noted by the Material Manufacturer will be immediately reported to the Owner, along with recommended corrective actions necessary. The Material Manufacturer will not act in a supervisory capacity, and will not be responsible for the Contractor’s errors or omissions. 4.6 ENGINEERING AND ROOF DECK A.The Material Manufacturer nor its representatives, practice engineering nor architecture. It makes no judgments on, and hereby disclaim any responsibility for the soundness of any roof deck or other structural component of buildings upon which its products are applied. In addition, the Contractor must notify the Owner or his/her representative on the job-site of any unforeseen areas of wet insulation. Where the damage is serious and extensive, it will be the Owner’s prerogative to authorize removal and replacement of deteriorated roofing, insulation and repair of the vapor barrier if present. Where damage to the roof deck is found, the Contractor shall furnish the Owner with a unit price for removal and replacement of the damaged deck. 4.7 ASBESTOS IDENTIFICATION COML Council Packet 8-13-24, Page 67 of 333 007200-17 A.The Material Manufacturer routinely conducts roof surveys and inspections in order to provide recommendations and/or specifications for the use of its products. However, the MATERIALS MANUFACTURER IS NOT, NOR ARE ITS REPRESENTATIVES, CERTIFIED TO IDENTIFY, HANDLE OR MONITOR ASBESTOS IN ROOFING, DECKING OR INSULATION. THEREFORE, IT MAKES NO JUDGMENTS ON AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR IDENTIFYING, HANDLING OR MONITORING ASBESTOS. If a building owner suspects that an asbestos condition exists on or under the roof area in question, Material Manufacturer can recommend licensed laboratories and technicians that can identify, remove, dispose of, and monitor the project. 4.8 ASBESTOS LIMITATIONS A.The Owner has been informed, acknowledges and agrees that Material Manufacturer is not engaged in the business of identifying, abating, encapsulating or removing asbestos or asbestos containing materials from the work site and has not agreed to do so herein. B.IN CONSIDERATION OF THE PROVISION HEREOF, THE OWNER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MATERIAL MANUFACTURER, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, INCLUDING THE ENGINEER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING OUT OF, OR RELATING TO, ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION OF ANY KIND,, ATTRIBUTABLE TO, ARISING OUT OF, OR RELATING TO THE PRESENCE OF ASBESTOS OR ASBESTOS-CONTAINING MATERIALS ON OR AT THE WORK SITE AND/OR THE ABATEMENT, ENCAPSULATION AND/OR THE REMOVAL THEREOF. 4.9 MOLD LIMITATIONS A.The Garland Company makes no representation or warranty, express, implied, or otherwise, regarding mold, fungi, rust, corrosion or other bacteria or organism. Neither shall Garland have any duty to identify, nor accept any responsibility or liability for any claims associated with mold, fungi, rust, corrosion or other bacteria or organism related claims. COML Council Packet 8-13-24, Page 68 of 333 007200-24 END OF SECTION COML Council Packet 8-13-24, Page 69 of 333 07550 -1 SECTION 07550 MODIFIED BITUMINOUS MEMBRANE ROOFING PART 1 GENERAL 1.1 SECTION INCLUDES A. Cold Applied 2-Ply Asphalt Roofing (StressPly, OptiMax, or Versiply). (2.2.)(3.4) B. Accessories. (2.19) C. Edge Treatment and Roof Penetration Flashings. (2.20)(3.9) 1.2 REFERENCES A. ASTM D 41 - Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing. B. ASTM D 312 - Standard Specification for Asphalt used in Roofing. C. ASTM D 451 - Standard Test Method for Sieve Analysis of Granular Mineral Surfacing for Asphalt Roofing Products. D. ASTM D 1970 - Specification for Sheet Materials, Self-Adhering Polymer Modified Bituminous, Used as Steep Roofing Underlayment for Ice Dam Protection. E. ASTM D 1079 Standard Terminology Relating to Roofing, Waterproofing and Bituminous Materials. F. ASTM D 1227 Standard Specification for Emulsified Asphalt Used as a Protective Coating for Roofing. G. ASTM D 1863 Standard Specification for Mineral Aggregate Used as a Protective Coating for Roofing. H. ASTM D 2178 Standard Specification for Asphalt Glass Felt Used in Roofing and Waterproofing. I. ASTM D 2824 Standard Specification for Aluminum-Pigmented Asphalt Roof Coating. J. ASTM D 4586 Standard Specification for Asphalt Roof Cement, Asbestos-Free. K. ASTM D 4601 Standard Specification for Asphalt Coated Glass Fiber Base Sheet Used in Roofing. L. ASTM D 5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet Materials. M. ASTM D 6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using a Combination of Polyester and Glass Fiber Reinforcements. N. ASTM D 6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Glass Fiber Reinforcements. O. ASTM D 6164 - Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Polyester Reinforcements. COML Council Packet 8-13-24, Page 70 of 333 07550 -2 P. ASTM D 6754 - Standard Specification for Ketone Ethylene Ester (KEE) Sheet Roofing. Q.ASTM D 6757 - Standard Specification for Underlayment Felt Containing Inorganic Fibers Used in Steep-Slope Roofing. R.ASTM E 108 - Standard Test Methods for Fire Test of Roof Coverings S.National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual. T.Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) - Architectural Sheet Metal Manual. U. Underwriters Laboratories, Inc. (UL): Fire Hazard Classifications. V. ANSI-SPRI ES-1 Wind Design Standard for Edge Systems used with Low Slope Roofing Systems. W.ASCE 7, Minimum Design Loads for Buildings and Other Structures X.UL - Fire Resistance Directory. 1.3 DESIGN / PERFORMANCE REQUIREMENTS A. Perform work in accordance with all federal, state and local codes. B.Design Requirements: 1.Uniform Wind Uplift Load Capacity a.Installed roof system shall withstand negative (uplift) design wind loading pressures complying with the following criteria. 1)Design Code: ASCE 7, Method 2 for Components and Cladding. 2)Importance Category: a)I. b)II. c)III. d)IV 3)Importance Factor of: a) 0.77 b) 1.0 c)1.15 d) 2.0 4)Wind Speed: ___ mph 5)Ultimate Pullout Value: ___ pounds per each of the fastener 6)Exposure Category: a)B. b)C. c)D. 7)Design Roof Height: ___ feet. 8)Minimum Building Width: ___ feet. 9)Roof Pitch: ___ :12. 10)Roof Area Design Uplift Pressure: a)Zone 1 - Field of roof ___ psf b)Zone 2 - Eaves, ridges, hips and rakes ___ psf c)Zone 3 - Corners ___ psf 2.Snow Load: ___ psf. 3. Live Load: 20 psf, or not to exceed original building design. 4.Dead Load: a.Installation of new roofing materials shall not exceed the dead load capacity of COML Council Packet 8-13-24, Page 71 of 333 07550 -3 the existing roof structure. C. Roof System membranes containing recycled or bio-based materials shall be third party certified through UL Environment. 1.4 SUBMITTALS A. Product Data: Manufacturer's data sheets on each product to be used, including: 1.Preparation instructions and recommendations. 2.Storage and handling requirements and recommendations. 3.Installation instructions. B. Shop Drawings: Submit shop drawings including installation details of roofing, flashing, fastening, insulation and vapor barrier, including notation of roof slopes and fastening patterns of insulation and base modified bitumen membrane, prior to job start. C. Design Pressure Calculations: Submit design pressure calculations for the roof area in accordance with ASCE 7 and local Building Code requirements. Include a roof system attachment analysis report, certifying the system's compliance with applicable wind load requirements before Work begins. D. Recycled or Bio-Based Materials: Provide third party certification through UL Environment of roof System membranes containing recycled or bio based materials. E. Verification Samples: For each modified bituminous membrane ply product specified, two samples, minimum size 6 inches (150 mm) square, representing actual product, color, and patterns. F.Manufacturer's Certificates: Provide to certify products meet or exceed specified requirements. G.Test Reports: Submit test reports, prepared by an independent testing agency, for all modified bituminous sheet roofing, indicating compliance with ASTM D5147. H. Closeout Submittals: Provide manufacturer's maintenance instructions that include recommendations for periodic inspection and maintenance of all completed roofing work. Provide product warranty executed by the manufacturer. Assist Owner in preparation and submittal of roof installation acceptance certification as may be necessary in connection with fire and extended coverage insurance on roofing and associated work. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with NRCA Roofing and Waterproofing Manual. B.Manufacturer Qualifications: Company specializing in manufacturing products specified with documented ISO 9001 certification and minimum of twelve years of documented experience and must not have been in Chapter 11 bankruptcy during the last five years. C.Installer Qualifications: Company specializing in performing Work of this section with minimum five years documented experience and a certified Pre-Approved Garland Contractor. D.Installer's Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress. E. Product Certification: Provide manufacturer's certification that materials are manufactured in the United States and conform to requirements specified herein, are chemically and physically compatible with each other, and are suitable for inclusion within the total roof COML Council Packet 8-13-24, Page 72 of 333 07550 -4 system specified herein. F.Source Limitations: Obtain all components of roof system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer. Upon request of the Architect or Owner, submit Manufacturer's written approval of secondary components in list form, signed by an authorized agent of the Manufacturer. 1.6 PRE-INSTALLATION MEETINGS A.Convene minimum two weeks prior to commencing Work of this section. B.Review installation procedures and coordination required with related Work. C.Inspect and make notes of job conditions prior to installation: 1.Record minutes of the conference and provide copies to all parties present. 2.Identify all outstanding issues in writing designating the responsible party for follow-up action and the timetable for completion. 3.Installation of roofing system shall not begin until all outstanding issues are resolved to the satisfaction of the Architect. 1.7 DELIVERY, STORAGE, AND HANDLING A.Deliver and store products in manufacturer's unopened packaging with labels intact until ready for installation. B. Store all roofing materials in a dry place, on pallets or raised platforms, out of direct exposure to the elements until time of application. Store materials at least 4 inches above ground level and covered with "breathable" tarpaulins. C.Stored in accordance with the instructions of the manufacturer prior to their application or installation. Store roll goods on end on a clean flat surface except store KEE-Stone FB 60 rolls flat on a clean flat surface. No wet or damaged materials will be used in the application. D.Store at room temperature wherever possible, until immediately prior to installing the roll. During winter, store materials in a heated location with a 50 degree F (10 degree C) minimum temperature, removed only as needed for immediate use. Keep materials away from open flame or welding sparks. E. Avoid stockpiling of materials on roofs without first obtaining acceptance from the Architect/Engineer. F.Adhesive storage shall be between the range of above 50 degree F (10 degree C) and below 80 degree F (27 degree C). Area of storage shall be constructed for flammable storage. 1.8 COORDINATION A.Coordinate Work with installing associated metal flashings as work of this section proceeds. 1.9 PROJECT CONDITIONS A.Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. 1.10 WARRANTY COML Council Packet 8-13-24, Page 73 of 333 07550 -5 A.Upon completion of the work, provide the Manufacturer's written and signed Edge-To-Edge NDL System Warranty, warranting that, if a leak develops in the roof during the term of this warranty, due either to defective material or defective workmanship by the installer, the manufacturer shall provide the Owner, at the Manufacturer's expense, with the labor and material necessary to return the defective area to a watertight condition including Garland Metal Components. 1.Warranty Period: a. 30 years from date of acceptance. B.Installer is to guarantee all work against defects in materials and workmanship for a period indicated following final acceptance of the Work. 1.Warranty Period: a. 2 years from date of acceptance. PART 2 PRODUCTS 2.1 MANUFACTURERS A.Acceptable Manufacturer: Garland Company, Inc. (The); 3800 E. 91st St., Cleveland, OH 44105. ASD. Toll Free: 800-321-9336. Phone: 216-641-7500. Fax: 216-641-0633. Web Site: www.garlandco.com. B.The Products specified are intended and the Standard of Quality for the products required for this project. If other products are proposed the bidder must disclose in the bid the manufacturer and the products that they intend to use on the Project. If no manufacturer and products are listed, the bid may be accepted only with the use of products specified.1.Bidder will not be allowed to change materials after the bid opening date. 2.If alternate products are included in the bid, the products must be equal to or exceed the products specified. Supporting technical data shall be submitted to the Architect/ Owner for approval prior to acceptance.3.In making a request for substitution, the Bidder/Roofing Contractor represents that it has:a.Personally investigated the proposed product or method, and determined that it is equal or superior in all respects to that specified.b.Will provide the same guarantee for substitution as for the product and method specified.c.Will coordinate installation of accepted substitution in work, making such changes as may be required for work to be completed in all respects.d.Will waive all claims for additional cost related to substitution, which consequently become apparent.e.Cost data is complete and includes all related cost under his/her contract or other contracts, which may be affected by the substitution.f.Will reimburse the Owner for all redesign cost by the Architect for accommodation of the substitution.4.Owner reserves the right to be the final authority on the acceptance or rejection of any or all bids, proposed alternate roofing systems or materials that has met ALL specified requirement criteria. 5.Failure to submit substitution package, or any portion thereof requested, will result in immediate disqualification and consideration for that particular contractors request for manufacturer substitution. 2.2 COLD APPLIED 2-PLY ROOF SYSTEM - STRESSPLY, OPTIMAX, OR VERSIPLY A. Base (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive: 1.StressBase 80: B.Modified Cap (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive: COML Council Packet 8-13-24, Page 74 of 333 07550 -6 1. StressPly Plus FR Mineral: C. Interply Adhesive: (1 and 2) 1. Weatherking : D. Flashing Base Ply: One ply bonded to the prepared substrate with Interply Adhesive: 1. StressBase 80: E. Flashing Cap (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive: 1. StressPly Plus FR Mineral: F. Flashing Ply Adhesive: 1. Weatherking Flashing Adhesive: 2.3 ACCESSORIES: A. Roof Insulation: Provide G-P Gypsum DenDeck Prime, G-P Gypsum DenDeck DuraGuard, USG Securrock for proper adhesion of the self-adhered base sheet in accordance with Section 07220. B. Nails and Fasteners: Non-ferrous metal or galvanized steel, except that hard copper nails shall be used with copper; aluminum or stainless steel nails shall be used with aluminum; and stainless steel nails shall be used with stainless steel, Fasteners shall be self-clinching type of penetrating type as recommended by the deck manufacturer. Fasten nails and fasteners flush-driven through flat metal discs not less than 1 inch (25 mm) diameter. Omit metal discs when one-piece composite nails or fasteners with heads not less than 1 inch (25 mm) diameter are used. C. Urethane Sealant Hybrid - Tuff-Stuff MS: One part, non-sag sealant as approved and furnished by the membrane manufacturer for moving joints. 1. Tensile Strength, ASTM D 412: 250 psi 2. Elongation, ASTM D 412: 450% 3. Hardness, Shore A ASTM C 920: 35 4. Adhesion-in-Peel, ASTM C 92: 30 pli 2.4 EDGE TREATMENT AND ROOF PENETRATION FLASHINGS A. Pre-Manufactured Coping Cap: R-Mer Edge Coping Chairs 1. Zinc-coated steel, ASTM A653, coating designation G-90, in thickness of 0.0635 nom./ 16 gauge, 36" to 48" by coil length, chemically treated, commercial or lock- forming quality. B. Pre-Manufactured Edge Metal Finishes: 1. Exposed and unexposed surfaces for mill finish flashing, fascia, and coping cap, as shipped from the mill 2. Exposed surfaces for coated panels: a. Steel Finishes: fluorocarbon finish. Epoxy primer baked both sides, .2-.25 mils thickness as approved by finish coat manufacturer. Weathering finish as referred by National Coil Coaters Association (NCCA). Provided with the following properties. 1) Pencil Hardness: ASTM D3363, HB-H / NCCA II-2. 2) Bend: ASTM D-4145, O-T / NCCA II-19 3) Cross-Hatch Adhesion: ASTM D3359, no loss of adhesion 4) Gloss (60 deg. angle): ASTM D523, 25+/-5% 5) Reverse Bend: ASTM D2794, no cracking or loss of adhesion 6) Nominal Thickness: ASTM D1005 a) Primer: 0.2 mils COML Council Packet 8-13-24, Page 75 of 333 07550 -7 b) Topcoat, 0.7 mils min c) Clear Coat (optional, only used with 22 ga. steel) 0.3 mils 7) Color: Provide as specified. (Subject to minimum quantities) C. Flashing Boot - Rubbertite Flashing Boot: Neoprene pipe boot for sealing single or multiple pipe penetrations adhered in approved adhesives as recommended and furnished by the membrane manufacturer. D. Vents and Breathers: Heavy gauge aluminum and fully insulated vent that allows moisture and air to escape but not enter the roof system as recommended and furnished by the membrane manufacturer. E. Pitch pans, Rain Collar 24 gauge stainless or 20oz (567gram) copper. All joints should be welded/soldered watertight. See details for design. F. Drain Flashings should be 4lb (1.8kg) sheet lead formed and rolled. G. Plumbing stacks should be 4lb (1.8kg) sheet lead formed and rolled. H. Liquid Flashing - Tuff-Flash: An asphaltic-polyurethane, low odor, liquid flashing material designed for specialized details unable to be waterproofed with typical modified membrane flashings. 1. Tensile Strength, ASTM D 412: 400 psi 2. Elongation, ASTM D 412: 300% 3. Density @77 deg. F 8.5 lb/gal typical I. Fabricated Flashings: Fabricated flashings and trim are specified in Section 07620. 1. Fabricated flashings and trim shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual" and/or the CDA Copper Development Association "Copper in Architecture - Handbook" as applicable. J. Manufactured Roof Specialties: Shop fabricated copings, fascia, gravel stops, control joints, expansion joints, joint covers and related flashings and trim are specified in Section 07710. 1. Manufactured roof specialties shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual" and/or the NRCA "Roofing and Waterproofing Manual" as applicable. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. Inspect and approve the deck condition, slopes and fastener backing if applicable, parapet walls, expansion joints, roof drains, stack vents, vent outlets, nailers and surfaces and elements. C. Verify that work penetrating the roof deck, or which may otherwise affect the roofing, has been properly completed. D. If substrate preparation and other conditions are the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.2 PREPARATION A. General: Clean surfaces thoroughly prior to installation. 1. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. COML Council Packet 8-13-24, Page 76 of 333 07550 -8 2. Fill substrate surface voids that are greater than 1/4 inch wide with an acceptable fill material. 3. Roof surface to receive roofing system shall be smooth, clean, free from loose gravel, dirt and debris, dry and structurally sound. 4. Wherever necessary, all surfaces to receive roofing materials shall be power broom and vacuumed to remove debris and loose matter prior to starting work. 5. Do not apply roofing during inclement weather. Do not apply roofing membrane to damp, frozen, dirty, or dusty surfaces. 6. Fasteners and plates for fastening components mechanically to the substrate shall provide a minimum pull-out capacity of 300 lbs. (136 k) per fastener. Base or ply sheets attached with cap nails require a minimum pullout capacity of 40 lb. per nail. 7. Prime decks where required, in accordance with requirements and recommendations of the primer and deck manufacturer. B. Metal Deck: Metal deck shall be installed as specified in Section 1. Fastening of the deck should comply with the anticipated live and dead loads pertaining to the building as well as applicable Code. 2. Steel decks shall be minimum 22-gauge factory galvanized or zinc alloy coated for protection against corrosion. 3. Suitable insulation shall be mechanically attached as recommended by the insulation manufacturer. 4. Decks shall comply with the gauge and span requirements in the current Factory Mutual FM Approval Guide and be installed in accordance with Loss Prevention Data Sheet 1-28 or specific FM approval. 5. When re-roofing over steel decks, surface corrosion shall be removed, and repairs to severely corroded areas made. Loose or inadequately secured decking shall be fastened, and irreparable or otherwise defective decking shall be replaced. 3.3 INSTALLATION - GENERAL A. Install modified bitumen membranes and flashings in accordance with manufacturer's instructions and with the recommendations provided by the National Roofing Contractors Association's Roofing & Waterproofing Manual, the Asphalt Roofing Manufacturers Association, and applicable codes. B. General: Avoid installation of modified bitumen membranes at temperatures lower than 40- 45 degrees F. When work at such temperatures unavoidable use the following precautions: 1. Take extra care during cold weather installation and when ambient temperatures are affected by wind or humidity, to ensure adequate bonding is achieved between the surfaces to be joined. Use extra care at material seam welds and where adhesion of the applied product to the appropriately prepared substrate as the substrate can be affected by such temperature constraints as well. 2. Unrolling of cold materials, under low ambient conditions must be avoided to prevent the likelihood of unnecessary stress cracking. Rolls must be at least 40 degrees F at the time of application. If the membrane roll becomes stiff or difficult to install, it must be replaced with roll from a heated storage area. C. Commence installation of the roofing system at the lowest point of the roof (or roof area), working up the slope toward the highest point. Lap sheets shingle fashion so as to constantly shed water D. All slopes greater than 2:12 require back-nailing to prevent slippage of the ply sheets. Use ring or spiral-shank 1 inch cap nails, or screws and plates at a rate of 1 fastener per ply (including the membrane) at each insulation stop. Place insulation stops at 16 ft o.c. for slopes less than 3:12 and 4 feet o.c. for slopes greater than 3:12. On non-insulated systems, nail each ply directly into the deck at the rate specified above. When slope exceeds 2:12, install all plies parallel to the slope (strapping) to facilitate backnailing. Install COML Council Packet 8-13-24, Page 77 of 333 07550 -9 4 additional fasteners at the upper edge of the membrane when strapping the plies. 3.4 INSTALLATION COLD APPLIED ROOF SYSTEM A. Base Ply: Cut base ply sheets into 18 foot lengths and allow plies to relax before installing. Install base sheet in Interply Adhesive: applied at the rate required by the manufacturer. Shingle base sheets uniformly to achieve one ply throughout over the prepared substrate. Shingle in proper direction to shed water on each large area of roofing. 1. Lap ply sheet ends 8 inches. Stagger end laps 12 inches minimum. 2. Solidly bond to the substrate and adjacent ply with specified cold adhesive at the rate of 2 to 2-1/2 gallons per 100 square feet. 3. Roll must push a puddle of adhesive in front of it with adhesive slightly visible at all side laps. Use care to eliminate air entrapment under the membrane. 4. Install subsequent rolls of modified across the roof as above with a minimum of 4 inch side laps and 8 inch staggered end laps. Lay modified membrane in the same direction as the underlayers but the laps shall not coincide with the laps of the base layers. 5. Extend plies 2 inches beyond top edges of cants at wall and projection bases. 6. Install base flashing ply to all perimeter and projection details. 7. Allow the one ply of base sheet to cure at least 30 minutes before installing the modified membrane. However, the modified membrane must be installed the same day as the base plies. B. Modified Cap Ply(s): Cut cap ply sheets into 18 foot lengths and allow plies to relax before installing. Install in interplay adhesive applied at the rate required by the manufacturer. Shingle sheets uniformly over the prepared substrate to achieve the number of plys specified. Shingle in proper direction to shed water on each large area of roofing. 1. Lap ply sheet ends 8 inches. Stagger end laps 12 inches minimum. 2. Solidly bond to the base layers with specified cold adhesive at the rate of 2 to 2-1/2 gallons per 100 square feet. 3. Roll must push a puddle of adhesive in front of it with adhesive slightly visible at all side laps. Care should be taken to eliminate air entrapment under the membrane. 4. Install subsequent rolls of modified across the roof as above with a minimum of 4 inch side laps and 8 inch staggered end laps. Lay modified membrane in the same direction as the underlayers but the laps shall not coincide with the laps of the base layers. 5. Allow cold adhesive to set for 5 to 10 minutes before installing the top layer of modified membrane. 6. Extend membrane 2 inches beyond top edge of all cants in full moppings of the cold adhesive as shown on the Drawings. C. Fibrous Cant Strips: Provide non-combustible perlite or glass fiber cant strips at all wall/curb detail treatments where angle changes are greater than 45 degrees. Cant may be set in approved cold adhesives, hot asphalt or mechanically attached with approved plates and fasteners. D. Wood Blocking, Nailers and Cant Strips: Provide wood blocking, nailers and cant strips as specified in Section 06114. 1. Provide nailers at all roof perimeters and penetrations for fastening membrane flashings and sheet metal components. 2. Wood nailers should match the height of any insulation, providing a smooth and even transition between flashing and insulation areas. 3. Nailer lengths should be spaced with a minimum 1/8 inch gap for expansion and contraction between each length or change of direction. 4. Nailers and flashings should be fastened in accordance with Factory Mutual "Loss Prevention Data Sheet 1- 49, Perimeter Flashing" and be designed to be capable of resisting a minimum force of 200 lbs/lineal foot in any direction. COML Council Packet 8-13-24, Page 78 of 333 07550 -10 E. Metal Work: Provide metal flashings, counter flashings, parapet coping caps and thru-wall flashings. Install in accordance with the SMACNA "Architectural Sheet Metal Manual" or the NRCA Roofing Waterproofing manual. F. Termination Bar: Provide a metal termination bar or approved top edge securement at the terminus of all flashing sheets at walls and curbs. Fasten the bar a minimum of 8 inches (203 mm) o/c to achieve constant compression. Provide suitable, sealant at the top edge if required. G. Flashing Base Ply: Install flashing sheets by the same application method used for the base ply. 1. Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane. 2. Prepare all walls, penetrations, expansion joints and where shown on the Drawings to be flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry tack free. 3. Adhere to the underlying base ply with specified flashing ply adhesive unless otherwise specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at all vertical surfaces. 4. Solidly adhere the entire flashing ply to the substrate. Secure the tops of all flashings that are not run up and over curb through termination bar fastened at 6 inches (152 mm) O.C. and sealed at top. 5. Seal all vertical laps of flashing ply with a three-course application of trowel-grade mastic and fiberglass mesh. 6. Coordinate counter flashing, cap flashings, expansion joints and similar work with modified bitumen roofing work as specified. 7. Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping vents and other devices with the roofing system work. 8. Secure the top edge of the flashing sheet using a termination bar only when the wall surface above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter flashing. H. Flashing Cap Ply: 1. Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane. 2. Prepare all walls, penetrations, expansion joints and where shown on the Drawings to be flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry tack free. 3. Adhere to the underlying base flashing ply with specified flashing ply adhesive unless otherwise specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at all vertical surfaces. 4. Coordinate counter flashing, cap flashings, expansion joints and similar work with modified bitumen roofing work as specified. 5. Coordinate roof accessories, miscellaneous sheet metal accessory items with the roofing system work. 6. All stripping shall be installed prior to flashing cap sheet installation. 7. Heat and scrape granules when welding or adhering at cut areas and seams to granular surfaces at all flashings. 8. Secure the top edge of the flashing sheet using a termination bar only when the wall surface above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter flashing. 3.5 INSTALLATION EDGE TREATMENT AND ROOF PENETRATION FLASHING A. Pre-manufactured Snap-On Coping Cap: COML Council Packet 8-13-24, Page 79 of 333 07550 -11 1. Install miters first. 2. Position base flashing of the Built-Up and/or Modified Roofing membrane over the wall edge covering nailers completely, fastening 8 inches on center. Install membrane and cap sheet with proper material and procedure according to manufacturer's recommendations. 3. Install minimum 16 gauge, 16 inch long by specified width anchor chair at [Contact Garland Representative] feet on center. 4. Install 6 inch wide splice plate by centering over 16 inch long by specified width anchor chair. Apply two beads of sealant to either side of the splice plate's center. Approximately 2 inches from the coping cap joint. Install Coping Cap by hooking outside hem of coping on outside face of anchor chair. Press downward on inside edge of coping until "snap" occurs and hem is engaged on the entire chair. B. Surface Mounted Counterflashing: 1. Minimum flashing height is 8 inches (203 mm) above finished roof height. Maximum flashing height is 24 inches (609 mm). Prime vertical wall at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering wall set in bitumen with 6 inches (152 mm) on to field of the roof. 4. Install a second ply of modified flashing ply in bitumen over the base flashing ply, 9 inches (228 mm) on to the field of the roof. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Apply butyl tape to wall behind flashing. Secure termination bar through flashing, butyl tape and into wall. Alternatively use caulk to replace the butyl tape. 6. Secure counterflashing set on butyl tape above flashing at 8 inches (203 mm) o.c. and caulk top of counterflashing. C. Through Wall Counterflashing: 1. Minimum flashing height is 8 inches (203 mm) above finished roof height. Prime vertical wall at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering wall with 6 inches (152 mm) on to field of the roof. 4. Install a second ply of modified flashing ply in bitumen over the base flashing ply, 9 inches (228 mm) on to the field of the roof. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Apply butyl tape to wall behind flashing. Secure termination bar through flashing, butyl tape and into wall at 8 inches (203 mm) o.c. Alternatively use caulk to replace the butyl tape. 6. Install counterflashing in through wall reglet. D. Equipment Support: 1. Minimum curb height is 8 inches (203 mm) above finished roof height. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering curb set in bitumen with 6 inches (152 mm) on to field of the roof. 4. Install a second ply of modified flashing ply in bitumen over the base flashing ply, 9 inches (228 mm) on to the field of the roof. Attach top of membrane to top of curb and nail at 8 inches (203 mm) o.c. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Install pre-manufactured cover. Fasten sides at 24 inches (609 mm) o.c. with fasteners and neoprene washers. Furnish all joint cover laps with butyl tape between metal covers. 6. Set equipment on neoprene pad and fasten as required by equipment manufacturer. COML Council Packet 8-13-24, Page 80 of 333 07550 -12 E. Curb Detail/Air Handling Station: 1. Minimum curb height is 8 inches (203 mm) above finished roof height. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering curb set in bitumen with 6 inches (152 mm) on to field of the roof. 4. Install a second ply of modified flashing ply in bitumen over the base flashing ply, 9 inches (228 mm) on to the field of the roof. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Install pre-manufactured counterflashing with fasteners and neoprene washers or per manufacturer's recommendations. 6. Set equipment on neoprene pad and fasten as required by equipment manufacturer. F. Exhaust Fan: 1. Minimum curb height is 8 inches (203 mm) above finished roof height. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering curb with 6 inches (152 mm) on to field of the roof. 4. Install a second ply of modified flashing ply installed over the base flashing ply, 9 inches (228 mm) on to field of the roof. Attach top of membrane to top of wood curb and nail at 8 inches (203 mm) o.c. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Install metal exhaust fan over the wood nailers and flashing to act as counterflashing. Fasten per manufacturer's recommendation. G. Passive Vent/Air Intake: 1. Minimum curb height is 8 inches (203 mm) above finished roof height. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all plies over cant a minimum of 2 inches (50 mm). 3. Install base flashing ply covering curb with 6 inches (152mm) on to the field of the roof. 4. Install a second ply of modified flashing ply installed over the base flashing ply, 9 inches (228 mm) on to field of the roof. Attach top of membrane to top of wood curb and nail at 8 inches (203 mm) o.c. Apply a three-course application of mastic and mesh at all vertical seams and allow to cure and aluminize. 5. Install passive vent/air intake over the wood nailers and flashing to act as counterflashing. Fasten per manufacturer's recommendations. H. Roof Drain: 1. Plug drain to prevent debris from entering plumbing. 2. Taper insulation to drain minimum of 24 inches (609 mm) from center of drain. 3. Run roof system plies over drain. Cut out plies inside drain bowl. 4. Set lead/copper flashing (30 inch square minimum) in 1/4 inch bed of mastic. Run lead/copper into drain a minimum of 2 inches (50 mm). Prime lead/copper at a rate of 100 square feet per gallon and allow to dry. 5. Install base flashing ply (40 inch square minimum) in bitumen. 6. Install modified membrane (48 inch square minimum) in bitumen. 7. Install clamping ring and assure that all plies are under the clamping ring. 8. Remove drain plug and install strainer. I. Roof Drain Alternate: 1. Plug drain to prevent debris from entering plumbing. 2. Taper insulation to drain minimum of 24 inches (609 mm) from center of drain. 3. Install two base flashing plies (40 inch square minimum) in bitumen. 4. Set lead/copper flashing (30 inch square minimum) in 1/4 inch (6 mm) bed of mastic. Run lead/copper into drain a minimum of 2 inches (50 mm). Prime lead/copper at a COML Council Packet 8-13-24, Page 81 of 333 07550 -13 rate of 100 square feet per gallon and allow to dry. 5. Run roof system plies over drain. Cut out plies inside drain bowl. 6. Install modified membrane (48 inch square minimum) in bitumen. 7. Install clamping ring and assure that all plies are under the clamping ring. 8. Remove drain plug and install strainer. J. Plumbing Stack: 1. Minimum stack height is 12 inches (609 mm). 2. Run roof system over the entire surface of the roof. Seal the base of the stack with elastomeric sealant. 3. Prime flange of new sleeve. Install properly sized sleeves set in 1/4 inch (6 mm) bed of roof cement. 4. Install base flashing ply in bitumen. 5. Install membrane in bitumen. 6. Caulk the intersection of the membrane with elastomeric sealant. 7. Turn sleeve a minimum of 1 inch (25 mm) down inside of stack. K. Heat Stack: 1. Minimum stack height is 12 inches (609 mm). 2. Run roof system over the entire surface of the roof. Seal the base of the stack with elastomeric sealant. 3. Prime flange of new sleeve. Install properly sized sleeves set in 1/4 inch (6 mm) bed of roof cement. 4. Install base flashing ply in bitumen. 5. Install modified membrane in bitumen. 6. Caulk the intersection of the membrane with elastomeric sealant. 7. Install new collar over cape. Weld collar or install stainless steel draw brand. 3.6 CLEANING A. Clean-up and remove daily from the site all wrappings, empty containers, paper, loose particles and other debris resulting from these operations. B. Remove asphalt markings from finished surfaces. C. Repair or replace defaced or disfigured finishes caused by Work of this section. 3.7 PROTECTION A. Provide traffic ways, erect barriers, fences, guards, rails, enclosures, chutes and the like to protect personnel, roofs and structures, vehicles and utilities. B. Protect exposed surfaces of finished walls with tarps to prevent damage. C. Plywood for traffic ways required for material movement over existing roofs shall be not less than 5/8 inch (16 mm) thick. D. In addition to the plywood listed above, an underlayment of minimum 1/2 inch (13 mm) recover board is required on new roofing. E. Special permission shall be obtained from the Manufacturer before any traffic shall be permitted over new roofing. 3.8 FIELD QUALITY CONTROL A. Inspection: Provide manufacturer's field observations at start-up and at intervals of approximately 2 times per work week. Provide a final inspection upon completion of the Work. COML Council Packet 8-13-24, Page 82 of 333 07550 -14 1. Warranty shall be issued upon manufacturer's acceptance of the installation. 2. Field observations shall be performed by a Representative employed full-time by the manufacturer and whose primary job description is to assist, inspect and approve membrane installations for the manufacturer. 3. Provide observation reports from the Representative indicating procedures followed, weather conditions and any discrepancies found during inspection. 4. Provide a final report from the Representative, certifying that the roofing system has been satisfactorily installed according to the project specifications, approved details and good general roofing practice. 3.9 SCHEDULES A. Base (Ply) Sheet: 1. StressBase 80: 80 mil SBS (Styrene-Butadiene-Styrene) rubber modified roofing base sheet reinforced with a fiberglass scrim, performance requirements according to ASTM D 5147. a. Tensile Strength, ASTM D 5147 1) 2 in/min. @ 0 +/- 3.6 deg. F MD 100 lbf/in XD 100 lbf/in 2) 50mm/min. @ -17.78 +/- 2 deg. C MD 17.5 kN/m XD 17.5 kN/m b. Tear Strength, ASTM D 5147 1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 110 lbf XD 100 lbf 2) 50mm/min. @ 23 +/- 2 deg. C MD 489 N XD 444 N c. Elongation at Maximum Tensile, ASTM D 5147 1) 2 in/min. @ 0 +/- 3.6 deg. F MD 4 % XD 4 % 2) 50mm/min@ -17.78 +/- 2 deg. C MD 4 % XD 4 % d. Low Temperature Flexibility, ASTM D 5147, Passes -40 deg. F ( -40 deg. C) B. Thermoplastic/Modified Cap (Ply) Sheet: 1. StressPly Plus FR Mineral: 155 mil SBS (Styrene-Butadiene-Styrene) mineral surfaced, rubber modified roofing membrane reinforced with a fiberglass and polyester composite scrim. ASTM D 6162, Type III Grade G a. Tensile Strength, ASTM D 5147 1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 310 lbf/in XD 310 lbf/in 2) 50 mm/min. @ 23 +/- 2 deg. C MD 54.25 kN/m XD 54.25 kN/m b. Tear Strength, ASTM D 5147 1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 500 lbf XD 500 lbf 2) 50 mm/min. @ 23 +/- 2 deg. C MD 2224 N XD 2224 N c. Elongation at Maximum Tensile, ASTM D 5147 1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 8% XD 8% 2) 50 mm/min. @ 23 +/- 2 deg. C MD 8% XD 8% d. Low Temperature Flexibility, ASTM D 5147, Passes -30 deg. F (-34 deg. C) C. Interply Adhesive: 1. Weatherking: Rubberized, polymer modified cold process asphalt roofing bitumen V.O.C. compliant ASTM D 3019. Performance Requirements: a. Non-Volatile Content ASTM D 4479 70% b. Density ASTM D1475 8.9 lbs./gal. c. Viscosity Stormer ASTM D562 400-500 grams d. Flash Point ASTM D 93 100 deg. F min. (37 deg. C) e. Slope: up to 3:12 D. Flashing Base Ply: 1. StressBase 80: 80 mil SBS (Styrene-Butadiene-Styrene) rubber modified roofing base sheet reinforced with a fiberglass scrim, performance requirements according to ASTM D 5147. a. Tensile Strength, ASTM D 5147 1) 2 in/min. @ 0 +/- 3.6 deg. F MD 100 lbf/in XD 100 lbf/in COML Council Packet 8-13-24, Page 83 of 333 07550 -15 2) 50 mm/min. @ -17.78 +/- 2 deg. C MD 17.5 kN/m XD 17.5 kN/m b. Tear Strength, ASTM D 5147 1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 110 lbf XD 100 lbf 2) 50 mm/min. @ 23 +/- 2 deg. C MD 489 N XD 444 N c. Elongation at Maximum Tensile, ASTM D 5147 1) 2 in/min. @ 0 +/- 3.6 deg. F MD 4 % XD 4 % 2) 50 mm/min. @ -17.78 +/- 2 deg. C MD 4 % XD 4 % d. Low Temperature Flexibility, ASTM D 5147 1) Passes -40 deg. F (-40 deg. C) E. Flashing Ply Adhesive: 1. Weatherking Flashing Adhesive: Brush grade flashing adhesive. a. Non-Volatile Content ASTM D 4479 70 min. b. Density ASTM D 1475 8.6 lbs./gal. (1kg/l) c. Flash Point ASTM D 93 100 deg. F (37 deg. C) F. Surfacing: 1. Flashing Cap (Ply) Sheet: a. StressPly Plus FR Mineral: 155 mil SBS (Styrene-Butadiene-Styrene) mineral surfaced, rubber modified roofing membrane reinforced with a fiberglass and polyester composite scrim. ASTM D 6162, Type III Grade G 1) Tensile Strength, ASTM D 5147 a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 310 lbf/in XD 310 lbf/in b) 50 mm/min. @ 23 +/- 2 deg. C MD 54.25 kN/m XD 54.25 kN/m 2) Tear Strength, ASTM D 5147 a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 500 lbf XD 500 lbf b) 50 mm/min. @ 23 +/- 2 deg. C MD 2224 N XD 2224 N 3) Elongation at Maximum Tensile, ASTM D 5147 a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 8% XD 8% b) 50 mm/min. @ 23 +/- 2 deg. C MD 8% XD 8% 4) Low Temperature Flexibility, ASTM D 5147, Passes -30 deg. F (-34 deg. C) END OF SECTION COML Council Packet 8-13-24, Page 84 of 333 ROOF MEASUREMENT REPORT 11789 RD 4 NE, Moses Lake, WA 98837 © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. Report Contents Images......................................1 Length Diagram..........................4 Pitch Diagram.............................5 Area Diagram.............................6 Penetrations Diagram .................7 Notes Diagram ...........................8 Property Info..............................9 Report Summary.......................10 Report Details Date:08/17/2023 Report:54543546 Roof Details Total Area: 22,820 sq ft Total Roof Facets: 22 Predominant Pitch: 1/12 Number of Stories: >1 Total Ridges/Hips: 35 ft Total Valleys: 10 ft Total Rakes: 56 ft Total Eaves: 257 ft Total Penetrations: 79 Total Penetrations Perimeter: 582 ft Total Penetrations Area: 532 sq ft Contact Us Contact:Drew Wright Company: The Garland Company, Inc. Address:3800 East 91st Cleveland OH 44105 Phone:208-899-5508 xcxc Measurements provided by www.eagleview.com www.eagleview.com/Guarantee.aspx In this 3D model, facets appear as semi-transparent to reveal overhangs. COML Council Packet 8-13-24, Page 85 of 333 ROOF MEASUREMENT REPORT REPORT IMAGES © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 1 The following aerial images show different angles of this structure for your reference. Top View 1 2 COML Council Packet 8-13-24, Page 86 of 333 ROOF MEASUREMENT REPORT REPORT IMAGES © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 2 North View East View COML Council Packet 8-13-24, Page 87 of 333 ROOF MEASUREMENT REPORT REPORT IMAGES © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 3 South View West View COML Council Packet 8-13-24, Page 88 of 333 ROOF MEASUREMENT REPORT LENGTH DIAGRAM © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 4 42 777742 +66+6623165 801927+ 6 1 8 182222+6011 14 5 518185 785 7819195 1815 141415 S N W E©2023 Eagle View Technologies, Inc., All Rights Reserved.Total Line Lengths:Ridges = 0 ft Valleys = 10 ft Flashing = 227 ft Eaves = 257 ft Hips = 35 ft Rakes = 56 ft Step flashing = 35 ft Parapets = 829 ft Note: This diagram contains segment lengths (rounded to the nearest whole number) over 5 feet. In some cases, segment labels have been removed for readability. Plus signs preface some numbers to avoid confusion when rotated (e.g. +6 and +9). COML Council Packet 8-13-24, Page 89 of 333 ROOF MEASUREMENT REPORT PITCH DIAGRAM © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 5 123 1 2 3 7 +6 7 82 7 +6 1 7 2 1 2 3 72 F S N W E©2023 Eagle View Technologies, Inc., All Rights Reserved.Pitch values are shown in inches per foot, and arrows indicate slope direction. The predominant pitch on this roof is 1/12. Note: This diagram contains labeled pitches for facet areas larger than 20 square feet. In some cases, pitch labels have been removed for readability. Gray shading indicates flat, 1/12 or 2/12 pitches. If present, a value of "F" indicates a flat facet (no pitch). COML Council Packet 8-13-24, Page 90 of 333 ROOF MEASUREMENT REPORT AREA DIAGRAM © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 6 5 79 8 413 10 3246 100 +6 105 75 165 +6 97 17781 206 63 7 266 +6 63 106 7 S N W E©2023 Eagle View Technologies, Inc., All Rights Reserved.Total Area = 22,820 sq ft, with 22 facets. Note: This diagram shows the square feet of each roof facet (rounded to the nearest foot). The total area in square feet, at the top of this page, is based on the non-rounded values of each roof facet (rounded to the nearest square foot after being totaled). COML Council Packet 8-13-24, Page 91 of 333 ROOF MEASUREMENT REPORT PENETRATIONS © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 7 2829 3049 5131 52 32 5354 55 56 57 585950 60 61 6263 64 65 33 34 35 67 1 2 3 4 5 6 7 8 9 10 1112 13 14 15 1617 18 36 19 20 21 22 23 24 25 26 66 37 38 39 40 41 42 27 43 444546 47 48 69 68 70 75 76 78 72 73 71 74 79 77 S N W E©2023 Eagle View Technologies, Inc., All Rights Reserved.Penetrations Notes Diagram Penetrations are labeled from smallest to largest for easy reference. Total Penetrations: 79 Total Penetrations Area: 532 sq ft Total Penetrations Perimeter = 582 ft Total Roof Area Less Penetrations = 22,288 sq ft Note: Any measured penetration smaller than 3x3 feet may need field verification. Accuracy is not guaranteed. The total penetration area is not subtracted from the total roof area. COML Council Packet 8-13-24, Page 92 of 333 ROOF MEASUREMENT REPORT NOTES DIAGRAM © 2008-2023 Eagle View Technologies, Inc. and Pictometry International Corp. – All Rights Reserved – Covered by one or more of U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749. Other Patents Pending. 8 Roof facets are labeled from smallest to largest (A to Z) for easy reference. A L G T H U N C O K Q B M V R J F S D I P E S N W E©2023 Eagle View Technologies, Inc., All Rights Reserved. COML Council Packet 8-13-24, Page 93 of 333 Date:October 11th, 2023 Project Number: Project Name: Public Impact:Personnel Impact: Regulation/Policy Change Needed?Legal Constraints? Viable Alternatives: Start Year: End Year: Total City Funding: Other Funding: 2024 2025 2026+ - 4,600 4,600 - 600,000 68,307 668,307 - 6,000 683 6,683 Total Project Expenditures 606,000 73,590 - - - 679,590 - - 2024 2025 2025+ Fund:119 - Streets Fund:314 - Parks Improvement Fund:477 - Water/Sewer Const Fund:493 - Stormwater Fund:528 - Facilities 606,000 73,590 679,590 Total Project Revenues 606,000 73,590 - - - 679,590 - - Approved by City Council: 001 - General Fund Project Description: Contract for installation of 30 year roof on Central Operations building 1. PW2023-041 Re-roof Ops 1 Building Dept/Category:Facilities None No No No Project Lead:Josh McPherson 2024 Assigned Department:Facilities 2024 Design Engineering/Consultant 4,600 Right of Way Acquisition Original Project Budget:$606,000 $679,590 Budget Amendment:$73,590 $0 Project Notes: 7/19/2024 - Bids for re-roof project came in higher than expected; requesting additional funds to complete project and have contingency construction funds in case of additional drain replacements and/or additional insulation. Project Expenditures by Category Original Budget Amend #1 8/13/24 Amend #2 Date Amend #3 Date Prior Years Spent ESTIMATES Project Total - Construction Engineering - - Construction Contract 668,307 - Art Fund (if project cost is $75K+, add 1%)6,683 - Project Revenues by Category Original Budget Amend #1 8/13/24 Amend #2 Date Amend #3 Date Prior Years - ESTIMATES Project Total - - - - 679,590 GRANTS:- ARPA Funds - - 11/14/2023 Date - - - COML Council Packet 8-13-24, Page 94 of 333 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 Mike Jackson, Interim City Manager 18817 Doug Coutts, Director Parks, Recreation, and Cultural Services 8/13/2024 Consent Agenda LTAC Recommendation-Datafy Subscription Expenditure City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 16,881.13$0.00$16,881.13$ Staff recommends approving the funding of the Datafy online software renewal for the LTAC from the City's 2% of the LTAC Fund as recommended by the LTAC members. Packet Attachments (if any) Datafy Prorated Aug 24.pdf Datafy Essential Renew 2024-2025 Budget Adjustment Request-Datafy.pdf Overview Last year, the City and the Lodging Tax Advisory Committee (LTAC) acquired a subscription to the Datafy online software for monitoring attendance at events requesting funding from the LTAC. Last year the software had just been acquired and this would be the first year the software is in place for the entire LTAC process. The LTAC funded the purchase last year from the LTAC's 2% and for equity recommends funding the purchase from the City's 2% this year. Total cost includes a one-month extension necessary to bridge the gap while the LTAC was convened to recommend the approval for the annual agreement. Staff and the committee will evaluate the usefulness of the software this cycle and make a recommendation on renewal for next year. Staff recommends approval of the purchase from the City's 2% of LTAC for this year. The attached budget amendment for this software has been submitted to the Finance Committee. Funds will come out of the LTAC account-City's 2%. No direct implication on the general fund. COML Council Packet 8-13-24, Page 95 of 333 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The subscription will be renewed and evaluated for ongoing usage. Staff will bring back options for recommended changes. The software will not be renewed and will not be available for LTAC for this cycle. Options and Results COML Council Packet 8-13-24, Page 96 of 333 DATAFYORDERFORM 5974SFashionPointDr.STE200 SouthOgden,UT84403 801-252-6588 07/31/24 ClientInformation: CityofMosesLake 401S.BalsamStreet MosesLake,WA98837 Contact: LynneLynch llynch@cityofml.com 509-764-3709 DougCoutts dcoutts@cityofml.com 509-764-3810 Services: Datafy Analytics, which includes: Analysis of data observed within Clusters & PointsofInterest(POI)alongwith strategicplanningservicesandcustomizationsdescribedinattachedExhibitA,heretothe“Services”. *Sales tax will be applied to all relevant sales listed below, unless a state sales tax exemption certificate is provided. Prevailingtaxrateswillapplyforthebillingzipcodelistedonthecontract. InitialAnalyticsPeriod:August8,2023 AnalyticsServiceTerm:August8,2024-August31,2024 AnalyticsPackageServiceFees: ServiceItem Term Details Total DatafyEssential Analytics August ProRated Customizeddashboardcharts,graphs,mapsortables. DataSources: Geolocationfrommobiledeviceswith limitedPOIs,airportdashboard,eventsdashboard, automatedtemplates,basicspendingdashboard. $803.30 EstimatedTax $68.28 TotalContracted*$871.58 AnalyticsPackagePaymentTerms:Fullpaymentisduenet30daysfromcontractstartdate.A1.5%latefeewillbe appliedtoallpastduepayments.*Prevailingsalestaxtobeappliedattimeofbilling. Page1of8 COML Council Packet 8-13-24, Page 97 of 333 SERVICESAGREEMENTTERMS This Services Agreement (“Agreement”) is entered into between Datafy, LLC (“Company”), and the Client listed above (“Client”) effective on the contract signaturedatelistedbelow.ThisAgreementincludesandincorporatesthe above Order Forms, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers,liabilitylimitations,anduselimitations. Bysigningbelow,IherebyrepresentandwarrantthatIamdulyauthorizedtoexecutethisbindingcontractonbehalf oftheCompanyortheClient. DatafyLLC(Company): By(Signature): Name:CandiePerkins Title: CEO Date: 7/31/24 CityofMoses (Client): By(Signature): Name: Title: Date: Page2of8 COML Council Packet 8-13-24, Page 98 of 333 TERMSANDCONDITIONS 1.SERVICESAND SUPPORT 1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Client the Services outlined in the Order Form and customization describedinExhibitA. 1.2 Subject to the terms hereof, Company will provide Client with reasonable product and technical support services in accordancewiththetermssetforthinExhibitB. 2.RESTRICTIONSAND RESPONSIBILITIES 1.1.Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source data, underlying structure, ideas, know-how or algorithms relevant to the Services, documentation or datarelated to the Service; modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Company or authorized within the Services); use the Services for the benefit of a third party; or remove any branding, proprietary notices or labels. 2.1 Client represents, covenants, and warrants that Clientwilluse the Services only in compliance this agreement and all applicable laws and regulations. Client herebyagreesto indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Client’s use of Services. Although Company has no obligation to monitor Client’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or allegedtobe)inviolation oftheforegoing. 1.2.Company will deliver the Services electronically and Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to accessorotherwiseusethe Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Client shall also be responsible for maintaining the security of the Equipment, Client account, passwords (including but not limited to administrative passwords) and files, and for all uses of Client account or the Equipment with or without Client’s knowledge or consent. If the Client requests physicalcopiesoftheServices,Clientwillberesponsible to pay for the costs of printing, postage, and additional labor. 3.CONFIDENTIALITY; PROPRIETARYRIGHTS 3.1 Each party (the “Receiving Party”)understandsthattheotherparty (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding prices, promotions, features, functionality and performance of theServices. Proprietary Information of Client includes non-public data that has been created by the Client, an official representative of the Client, or a third-party at the direction of the Client and is provided by Client to Company to enable the provision of the Services (“Digital Media Placement/Client Data”). Client warrants that they have received permission from respective third-party data provider(s) to distribute Client Data toCompanyforthepurposeofperformance of the Services. Any restrictions of Client Data usage that will impact or limit the provision of Services must be disclosed in writing to the Company. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not touse (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party and the Receiving Party agree that the foregoingshallapply with respect to the Proprietary Information and the Client Data for a period of two (2) years following the disclosure thereof, and shall not apply to any information thattheReceivingPartycandocument(a) is or becomes generally available to the public, or (b) was in its possession or knownbyitpriortoreceiptfromthe Disclosing Party,(c) wasrightfullydisclosedtoitwithout restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required tobedisclosed bylaw. 1.3.Client shall own all right, title and interest in and to the Client Data. Companyretains an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to use the Client Data in order to provide the Services and to improve Company’s Services, including the right to develop aggregated Client Data oranyinformationderivedfrom or obtained by using Client Data. All Client Data is Page3of8 COML Council Packet 8-13-24, Page 99 of 333 subject to the terms of the applicable user agreement and any terms that may limit the scope of this agreement must be disclosed in writing by the Client. Client expressly gives Company the right to disclose publicly and to other parties Client status as a Client of CompanyandtoreasonablycooperatewithCompanyto serveasareferenceaccountuponrequest. 1.4.Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, (c) the Aggregate Data (defined below), and(d) all intellectual property rights related to any of the foregoing. 3.2 Notwithstandi ng anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and relatedsystemsand technologies (including, without limitation, information concerning Client Data, data or information regarding Client’s activities on Company’s website or in connection with the Services, including frequency of visits to the website, data entered when using the website, vital statistics and trends, general information regarding Client’s use of the Services, correlations identified orcategoricalinformationregardingthekinds of Client Data provided, and data derived therefrom (“Aggregate Data”)), and Company will be free (during and after the term Client will pay in fullfortheServices up to and including the last day on which the Services are provided. hereof) to (i) use such information and data to improve and enhance the Servicesandforother development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose Aggregate Datainconnection with its business. No rights or licenses are granted exceptasexpresslysetforthherein. 4.PAYMENTOFFEES 4.1 Client will pay Company the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). Company reserves the right to change theFeesorapplicablechargesandtoinstitute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Client (whichmaybesentbyemail). If Client believes that Company has billed Client incorrectly, Client must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s Client support department. Datafy reserves the right to increase fees for existing products and services upon renewal. Any expanded or newly added products or services are not initiallysubjecttoanincreasedfee. 4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any givenmonthmustbe received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximumpermittedbylaw,whicheveris lower, plus all expenses of collection and may result in immediateterminationofService. 5.TERMAND TERMINATION 5.1 Subject to earlier termination as provided below, these Agreements are for the Campaign Dates/Initial Service Term as specified in the Order Forms, and thereafter shall continue month to month. AftertheInitialService Term, either party may terminate this Agreement for convenience and without penaltybyprovidingtheother party thirty (30) days written notice. Client will pay in full for the Services and media costs uptoandincluding thelastdayonwhichtheServicesareprovided. 5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Client will pay in full for the Services andmediacostsuptoandincludingthelast day on which the Services are provided. Upon any termination, Company may, but is not obligated to, delete storedClientData.AllsectionsofthisAgreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warrantydisclaimers,andlimitationsofliability. 6.WARRANTYAND DISCLAIMER 6.1 Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Servicesinamanner whichminimizeserrorsandinterruptionsintheServices and shall perform the Services in a professional and workmanlike manner. Services may be temporarily delayed either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writingorbye-mail of any service disruption. In cases where Datafy does not have access to monitor all aspects of performance Page4of8 COML Council Packet 8-13-24, Page 100 of 333 metrics, Client assumes responsibility to inform Datafy of any reportingdiscrepanciesinatimelymanner.Client is responsible for any billing or charges that arearesult ofthereportingdiscrepancy. 6.2 HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR WITH RESPECT TO ANY MARKETING OR INVESTMENT DECISION MADE WHILE USING THE SERVICES. EXCEPTASEXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSEANDNON-INFRINGEMENT. 6.3 Company shall use reasonable efforts to maintain availability of data sources required for the provision of Services. COMPANY DOES NOT WARRANT THAT THE DATA AND/OR TECHNOLOGY UTILIZED IN THE PERFORMANCE OFSERVICESWILLBEAVAILABLEIN PERPETUITY, AND THE DATA MAY, DUE TO CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL, BECOME UNAVAILABLE. Under such circumstances, Company may, at its option andexpense (a) replace or modify the Services to utilize available data sources, provided that such modification or replacement contains substantially similar features and functionality, (b) seek torenegotiatemutuallyagreeable terms of the Services with Client including consideration of alternative data sources andcoststhat may be associated with obtaining access to those sources. 7.INDEMNITY Company shall hold Client harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or componentsof the Services (i) not supplied by Company, (ii) made in wholeorinpartinaccordancewithClientspecifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Client continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Client’s use of the Services is notstrictlyinaccordancewiththis Agreement. If, due to a claim of infringement, the Services are held by acourtofcompetentjurisdictionto be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacementcontainssubstantially similar features and functionality, (b) obtain for Clienta license to continue using the Service, or (c) if neither of the foregoingiscommerciallypracticable,terminatethis Agreement and Client’s rights hereunder and provide Client a refund of any prepaid, unused fees for the Service. Client shall hold Company harmless from liability to third parties resulting from (i) infringement by any Client Data, including any third-party data subscribed to by Client and provided to Company for the provision of the Services, of any United States patentoranycopyrightormisappropriationofanytrade secret, (ii) any nonfulfillment or breach ofanycovenant, agreement or other provision of this Agreement by the Client, (iii) any marketing or investment decision made while using the Services, or (iv) any losses which Company may suffer, sustain or become subject to as a result of any claims or threatened claims against Company arising outoftheactionsorinactionsofClient with respect to the Client’s businessorthetermsofthis Agreement. 8.LIMITATIONOF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL DATA, EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALLNOTBERESPONSIBLEORLIABLEWITHRESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FORERRORORINTERRUPTIONOF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA, OUTSIDE COMPANY’S REASONABLE CONTROL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’SREASONABLECONTROL;(D)FOR ANY MARKETING OR INVESTMENT DECISIONS MADE BY Client WHILE USING THE SERVICES;OR(E)FORANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE Page5of8 COML Council Packet 8-13-24, Page 101 of 333 FEES PAID BY Client TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISEDOFTHEPOSSIBILITYOFSUCHDAMAGES. 9.MISCELLANEOUS If any provision of this Agreement is found to be unenforceableorinvalid,thatprovisionwillbelimitedor eliminated to theminimumextentnecessarysothatthis Agreement will otherwise remain infullforceandeffect and enforceable. This Agreement is not assignable, transferable or sublicensable by Client except with Company’s prior written consent, which shall not be unreasonably withheld. This Agreement isthecomplete and exclusive statement of the mutualunderstandingof the parties and supersedes and cancels all previous written andoralagreements,communicationsandother understandings relating to the subject matter of this Agreement, and that all waivers andmodificationsmust be in a writing signed by both parties, except as otherwise providedherein.Noagency,partnership,joint venture, or employment is created as a result of this Agreement and Client does not have any authority of any kind to bind Company in anyrespectwhatsoever.In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writingandwillbedeemedtohave been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by thelawsoftheStateof Utahwithoutregardtoitsconflictoflawsprovisions. Page6of8 COML Council Packet 8-13-24, Page 102 of 333 EXHIBITA Setup,CustomizationandTraining DatafyAnalyticsClientSetup –CompanywillperformallstepsnecessarytosetupClient’saccountbasedoninput fromClient.AspartofthissetupCompanywilladdindividualsorpartiesasdirectedbyClienttothedistributionlist toreceiveupdates. DatafyAnalyticsClientConfigurationandCustomization –DataforthePointsofInterest(POI’s)asidentified below: ●AnalysisoftheUnlimitedGeolocationPointsofInteresttobedeterminedbyClientandCompany ●Basiccreditcardspendingdata ●Airportdata ●Advancedspendingdashboard (ifincludedinServiceFeesoutline) ●Internationaldata (ifincludedinServiceFeesoutline) ●Customizedreports (ifincludedinServiceFeesoutline) ●AdvertisingServicesandStrategicPlanning (ifcontracted–supplementalagreementrequired) Geolocation(cellphoneGPS)dataforvisitorswithcharts,maps,graphsandothervisualizationsasdescribedbelow forUnlimitedPointsofInterest.Clientwillreceiveaccesstoaweb-basedcustomizeddashboardwithlivedata reportsandeventdashboardswiththeabilitytomanipulatetimeperiodsforthetypeofdataincludingbutnot limitedto: ●Mapofhomelocationofvisitors ●Daily,weekly,andmonthly#ofestimateduniquevisitorsbyPOI ●Daily,weeklyandmonthlytotalestimatedvisitorsbyPOI ●Year-over-yearcomparisons ●#ofestimatedVisitorsbyPOIandbyzipcode ●Demographicprofileofvisitorsbyzipcode ●%ofmarket(atCity,Countyorzipcodelevel)capturedbyPOI ●Increase/decreaseofvisitorsbyzipcode ●Spendingdashboards ●Advertisinganalyticschartsincludingspend (ifengagingwithadvertisingservices) ●ReturnonInvestmentcalculateddowntozipcodelevel(requiresmarketingspenddataatzipcodelevelby Visitor)tobeimplemented CompanywillconfigureandcustomizetheServicesfortheClientbasedoninputfromClient.Onedashboardwillbe createdwithloginsspecifiedbyClient.CompanywilladvisetheClientontheavailabilityofrequestedlocationsof interestandtheClientacknowledgesthatsomepotentiallocationsofinterestwillbeunavailableduetolackof sufficientdataorprivacyrestrictions. Add-OnandOne-TimeFees ●SetUpFeeincludingHistoricalDatabacktoFebruary2018:$2,000one-timecost ●AnnualHistoricalDataStorageFee: $2,000peryearbilleduponrenewaldate ●AdSpendwillbebilledseparately,asusedandbasedonCPMandscopeofworkratesreviewedpriorto advertisingrun. ServiceOnboardTraining(vialivewebinarandorrecorded,telephoneorinperson)–Companywillprovidea ServicestrainingsessionthatwillbescheduledatClient’sconveniencetocoincidewiththedeliveryofthe first PremiumInsightsDashboard.ThepurposeofthistrainingistoensurethattheClientunderstandsthestructureof theServicesandthescopeandbreadthoftheinsightsprovidedintheServices.ItisrecommendedthatanyClient representativeswhowillbeusingtheServicesonaregularbasisparticipateinthetrainingsession. Page7of8 COML Council Packet 8-13-24, Page 103 of 333 EXHIBITB SupportTerms Companywillprovideproductassistanceandtechnicalsupport(e.g.explanationofdataandvisualization, corrections)toClientviabothtelephoneandelectronicmailonweekdaysduringthehoursof9:00amthrough6:00 pmMountainTime,withtheexclusionofFederalandState(Utah)Holidays(“SupportHours”).Clientmaycontact theCompanyforproductassistanceorsupportbydialing801-823-0083orbyemailingsupport@datafyhq.com. WhereasClienthasrequestedproductcustomization,supportwillalsoincludeuptotworoundsofrevisionsofthe formatandstructureofthecustomizedanalysisandreport.Additionalmodificationsandcustomizationrequests willbebilledseparatelyatanhourlyrate. Page8of8 COML Council Packet 8-13-24, Page 104 of 333 DATAFYORDERFORM 5974SFashionPointDr.STE200 SouthOgden,UT84403 801-252-6588 08/02/24 ClientInformation: CityofMosesLake 401S.BalsamStreet MosesLake,WA98837 Contact: LynneLynch llynch@cityofml.com 509-764-3709 DougCoutts dcoutts@cityofml.com 509-764-3810. Services: Datafy Analytics, which includes: Analysis of data observed within Clusters & PointsofInterest(POI)alongwith strategicplanningservicesandcustomizationsdescribedinattachedExhibitA,heretothe“Services”. *Sales tax will be applied to all relevant sales listed below, unless a state sales tax exemption certificate is provided. Prevailingtaxrateswillapplyforthebillingzipcodelistedonthecontract. InitialAnalyticsPeriod:August8,2023 AnalyticsServiceTerm:September1,2024-August31,2025 AnalyticsPackageServiceFees: ServiceItem Term Details Total DatafyEssentialAnalytics 1Year Customizeddashboardcharts,graphs,mapsortables. DataSources: Geolocationfrommobiledeviceswith limitedPOIs,airportdashboard,eventsdashboard, automatedtemplates,basicspendingdashboard. $15,564.00 BasicSpending SWTDiscount $5,400 Included DatafySWTCo-opDiscount 20%DatafySWTCo-opDiscount -$3,112.80 EssentialAnalyticsSubtotal 80%ofEssentialAnalyticsContract $12,451.20 AnnualHistoricalData StorageFee $2,500annualfeeforstorageofhistoricaldata $2,500.00 EstimatedTax*$1,058.35. TotalContracted*$16,009.55 AnalyticsPackagePaymentTerms:Fullpaymentisduenet30daysfromcontractstartdate.A1.5%latefeewillbe appliedtoallpastduepayments.*Prevailingsalestaxtobeappliedattimeofbilling. Page1of8 COML Council Packet 8-13-24, Page 105 of 333 SERVICESAGREEMENTTERMS This Services Agreement (“Agreement”) is entered into between Datafy, LLC (“Company”), and the Client listed above (“Client”) effective on the contract signaturedatelistedbelow.ThisAgreementincludesandincorporatesthe above Order Forms, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers,liabilitylimitations,anduselimitations. Bysigningbelow,IherebyrepresentandwarrantthatIamdulyauthorizedtoexecutethisbindingcontractonbehalf oftheCompanyortheClient. DatafyLLC(Company): By(Signature): Name:CandiePerkins Title: CEO Date: 8/2/24 CityofMoses (Client): By(Signature): Name: Title: Date: Page2of8 COML Council Packet 8-13-24, Page 106 of 333 TERMSANDCONDITIONS 1.SERVICESAND SUPPORT 1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Client the Services outlined in the Order Form and customization describedinExhibitA. 1.2 Subject to the terms hereof, Company will provide Client with reasonable product and technical support services in accordancewiththetermssetforthinExhibitB. 2.RESTRICTIONSAND RESPONSIBILITIES 1.1.Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source data, underlying structure, ideas, know-how or algorithms relevant to the Services, documentation or datarelated to the Service; modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Company or authorized within the Services); use the Services for the benefit of a third party; or remove any branding, proprietary notices or labels. 2.1 Client represents, covenants, and warrants that Clientwilluse the Services only in compliance this agreement and all applicable laws and regulations. Client herebyagreesto indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Client’s use of Services. Although Company has no obligation to monitor Client’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or allegedtobe)inviolation oftheforegoing. 1.2.Company will deliver the Services electronically and Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to accessorotherwiseusethe Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Client shall also be responsible for maintaining the security of the Equipment, Client account, passwords (including but not limited to administrative passwords) and files, and for all uses of Client account or the Equipment with or without Client’s knowledge or consent. If the Client requests physicalcopiesoftheServices,Clientwillberesponsible to pay for the costs of printing, postage, and additional labor. 3.CONFIDENTIALITY; PROPRIETARYRIGHTS 3.1 Each party (the “Receiving Party”)understandsthattheotherparty (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding prices, promotions, features, functionality and performance of theServices. Proprietary Information of Client includes non-public data that has been created by the Client, an official representative of the Client, or a third-party at the direction of the Client and is provided by Client to Company to enable the provision of the Services (“Digital Media Placement/Client Data”). Client warrants that they have received permission from respective third-party data provider(s) to distribute Client Data toCompanyforthepurposeofperformance of the Services. Any restrictions of Client Data usage that will impact or limit the provision of Services must be disclosed in writing to the Company. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not touse (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party and the Receiving Party agree that the foregoingshallapply with respect to the Proprietary Information and the Client Data for a period of two (2) years following the disclosure thereof, and shall not apply to any information thattheReceivingPartycandocument(a) is or becomes generally available to the public, or (b) was in its possession or knownbyitpriortoreceiptfromthe Disclosing Party,(c) wasrightfullydisclosedtoitwithout restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required tobedisclosed bylaw. 1.3.Client shall own all right, title and interest in and to the Client Data. Companyretains an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to use the Client Data in order to provide the Services and to improve Company’s Services, including the right to develop aggregated Client Data oranyinformationderivedfrom or obtained by using Client Data. All Client Data is Page3of8 COML Council Packet 8-13-24, Page 107 of 333 subject to the terms of the applicable user agreement and any terms that may limit the scope of this agreement must be disclosed in writing by the Client. Client expressly gives Company the right to disclose publicly and to other parties Client status as a Client of CompanyandtoreasonablycooperatewithCompanyto serveasareferenceaccountuponrequest. 1.4.Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, (c) the Aggregate Data (defined below), and(d) all intellectual property rights related to any of the foregoing. 3.2 Notwithstandi ng anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and relatedsystemsand technologies (including, without limitation, information concerning Client Data, data or information regarding Client’s activities on Company’s website or in connection with the Services, including frequency of visits to the website, data entered when using the website, vital statistics and trends, general information regarding Client’s use of the Services, correlations identified orcategoricalinformationregardingthekinds of Client Data provided, and data derived therefrom (“Aggregate Data”)), and Company will be free (during and after the term Client will pay in fullfortheServices up to and including the last day on which the Services are provided. hereof) to (i) use such information and data to improve and enhance the Servicesandforother development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose Aggregate Datainconnection with its business. No rights or licenses are granted exceptasexpresslysetforthherein. 4.PAYMENTOFFEES 4.1 Client will pay Company the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). Company reserves the right to change theFeesorapplicablechargesandtoinstitute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Client (whichmaybesentbyemail). If Client believes that Company has billed Client incorrectly, Client must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s Client support department. Datafy reserves the right to increase fees for existing products and services upon renewal. Any expanded or newly added products or services are not initiallysubjecttoanincreasedfee. 4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any givenmonthmustbe received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximumpermittedbylaw,whicheveris lower, plus all expenses of collection and may result in immediateterminationofService. 5.TERMAND TERMINATION 5.1 Subject to earlier termination as provided below, these Agreements are for the Campaign Dates/Initial Service Term as specified in the Order Forms, and thereafter shall continue month to month. AftertheInitialService Term, either party may terminate this Agreement for convenience and without penaltybyprovidingtheother party thirty (30) days written notice. Client will pay in full for the Services and media costs uptoandincluding thelastdayonwhichtheServicesareprovided. 5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Client will pay in full for the Services andmediacostsuptoandincludingthelast day on which the Services are provided. Upon any termination, Company may, but is not obligated to, delete storedClientData.AllsectionsofthisAgreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warrantydisclaimers,andlimitationsofliability. 6.WARRANTYAND DISCLAIMER 6.1 Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Servicesinamanner whichminimizeserrorsandinterruptionsintheServices and shall perform the Services in a professional and workmanlike manner. Services may be temporarily delayed either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writingorbye-mail of any service disruption. In cases where Datafy does not have access to monitor all aspects of performance Page4of8 COML Council Packet 8-13-24, Page 108 of 333 metrics, Client assumes responsibility to inform Datafy of any reportingdiscrepanciesinatimelymanner.Client is responsible for any billing or charges that arearesult ofthereportingdiscrepancy. 6.2 HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR WITH RESPECT TO ANY MARKETING OR INVESTMENT DECISION MADE WHILE USING THE SERVICES. EXCEPTASEXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSEANDNON-INFRINGEMENT. 6.3 Company shall use reasonable efforts to maintain availability of data sources required for the provision of Services. COMPANY DOES NOT WARRANT THAT THE DATA AND/OR TECHNOLOGY UTILIZED IN THE PERFORMANCE OFSERVICESWILLBEAVAILABLEIN PERPETUITY, AND THE DATA MAY, DUE TO CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL, BECOME UNAVAILABLE. Under such circumstances, Company may, at its option andexpense (a) replace or modify the Services to utilize available data sources, provided that such modification or replacement contains substantially similar features and functionality, (b) seek torenegotiatemutuallyagreeable terms of the Services with Client including consideration of alternative data sources andcoststhat may be associated with obtaining access to those sources. 7.INDEMNITY Company shall hold Client harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or componentsof the Services (i) not supplied by Company, (ii) made in wholeorinpartinaccordancewithClientspecifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Client continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Client’s use of the Services is notstrictlyinaccordancewiththis Agreement. If, due to a claim of infringement, the Services are held by acourtofcompetentjurisdictionto be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacementcontainssubstantially similar features and functionality, (b) obtain for Clienta license to continue using the Service, or (c) if neither of the foregoingiscommerciallypracticable,terminatethis Agreement and Client’s rights hereunder and provide Client a refund of any prepaid, unused fees for the Service. Client shall hold Company harmless from liability to third parties resulting from (i) infringement by any Client Data, including any third-party data subscribed to by Client and provided to Company for the provision of the Services, of any United States patentoranycopyrightormisappropriationofanytrade secret, (ii) any nonfulfillment or breach ofanycovenant, agreement or other provision of this Agreement by the Client, (iii) any marketing or investment decision made while using the Services, or (iv) any losses which Company may suffer, sustain or become subject to as a result of any claims or threatened claims against Company arising outoftheactionsorinactionsofClient with respect to the Client’s businessorthetermsofthis Agreement. 8.LIMITATIONOF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL DATA, EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALLNOTBERESPONSIBLEORLIABLEWITHRESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FORERRORORINTERRUPTIONOF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA, OUTSIDE COMPANY’S REASONABLE CONTROL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’SREASONABLECONTROL;(D)FOR ANY MARKETING OR INVESTMENT DECISIONS MADE BY Client WHILE USING THE SERVICES;OR(E)FORANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE Page5of8 COML Council Packet 8-13-24, Page 109 of 333 FEES PAID BY Client TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISEDOFTHEPOSSIBILITYOFSUCHDAMAGES. 9.MISCELLANEOUS If any provision of this Agreement is found to be unenforceableorinvalid,thatprovisionwillbelimitedor eliminated to theminimumextentnecessarysothatthis Agreement will otherwise remain infullforceandeffect and enforceable. This Agreement is not assignable, transferable or sublicensable by Client except with Company’s prior written consent, which shall not be unreasonably withheld. This Agreement isthecomplete and exclusive statement of the mutualunderstandingof the parties and supersedes and cancels all previous written andoralagreements,communicationsandother understandings relating to the subject matter of this Agreement, and that all waivers andmodificationsmust be in a writing signed by both parties, except as otherwise providedherein.Noagency,partnership,joint venture, or employment is created as a result of this Agreement and Client does not have any authority of any kind to bind Company in anyrespectwhatsoever.In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writingandwillbedeemedtohave been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by thelawsoftheStateof Utahwithoutregardtoitsconflictoflawsprovisions. Page6of8 COML Council Packet 8-13-24, Page 110 of 333 EXHIBITA Setup,CustomizationandTraining DatafyAnalyticsClientSetup –CompanywillperformallstepsnecessarytosetupClient’saccountbasedoninput fromClient.AspartofthissetupCompanywilladdindividualsorpartiesasdirectedbyClienttothedistributionlist toreceiveupdates. DatafyAnalyticsClientConfigurationandCustomization –DataforthePointsofInterest(POI’s)asidentified below: ●AnalysisoftheUnlimitedGeolocationPointsofInteresttobedeterminedbyClientandCompany ●Basiccreditcardspendingdata ●Airportdata ●Advancedspendingdashboard (ifincludedinServiceFeesoutline) ●Internationaldata (ifincludedinServiceFeesoutline) ●Customizedreports (ifincludedinServiceFeesoutline) ●AdvertisingServicesandStrategicPlanning (ifcontracted–supplementalagreementrequired) Geolocation(cellphoneGPS)dataforvisitorswithcharts,maps,graphsandothervisualizationsasdescribedbelow forUnlimitedPointsofInterest.Clientwillreceiveaccesstoaweb-basedcustomizeddashboardwithlivedata reportsandeventdashboardswiththeabilitytomanipulatetimeperiodsforthetypeofdataincludingbutnot limitedto: ●Mapofhomelocationofvisitors ●Daily,weekly,andmonthly#ofestimateduniquevisitorsbyPOI ●Daily,weeklyandmonthlytotalestimatedvisitorsbyPOI ●Year-over-yearcomparisons ●#ofestimatedVisitorsbyPOIandbyzipcode ●Demographicprofileofvisitorsbyzipcode ●%ofmarket(atCity,Countyorzipcodelevel)capturedbyPOI ●Increase/decreaseofvisitorsbyzipcode ●Spendingdashboards ●Advertisinganalyticschartsincludingspend (ifengagingwithadvertisingservices) ●ReturnonInvestmentcalculateddowntozipcodelevel(requiresmarketingspenddataatzipcodelevelby Visitor)tobeimplemented CompanywillconfigureandcustomizetheServicesfortheClientbasedoninputfromClient.Onedashboardwillbe createdwithloginsspecifiedbyClient.CompanywilladvisetheClientontheavailabilityofrequestedlocationsof interestandtheClientacknowledgesthatsomepotentiallocationsofinterestwillbeunavailableduetolackof sufficientdataorprivacyrestrictions. Add-OnandOne-TimeFees ●SetUpFeeincludingHistoricalDatabacktoFebruary2018:$2,000one-timecost ●AnnualHistoricalDataStorageFee: $2,000peryearbilleduponrenewaldate ●AdSpendwillbebilledseparately,asusedandbasedonCPMandscopeofworkratesreviewedpriorto advertisingrun. ServiceOnboardTraining(vialivewebinarandorrecorded,telephoneorinperson)–Companywillprovidea ServicestrainingsessionthatwillbescheduledatClient’sconveniencetocoincidewiththedeliveryofthe first PremiumInsightsDashboard.ThepurposeofthistrainingistoensurethattheClientunderstandsthestructureof theServicesandthescopeandbreadthoftheinsightsprovidedintheServices.ItisrecommendedthatanyClient representativeswhowillbeusingtheServicesonaregularbasisparticipateinthetrainingsession. Page7of8 COML Council Packet 8-13-24, Page 111 of 333 EXHIBITB SupportTerms Companywillprovideproductassistanceandtechnicalsupport(e.g.explanationofdataandvisualization, corrections)toClientviabothtelephoneandelectronicmailonweekdaysduringthehoursof9:00amthrough6:00 pmMountainTime,withtheexclusionofFederalandState(Utah)Holidays(“SupportHours”).Clientmaycontact theCompanyforproductassistanceorsupportbydialing801-823-0083orbyemailingsupport@datafyhq.com. WhereasClienthasrequestedproductcustomization,supportwillalsoincludeuptotworoundsofrevisionsofthe formatandstructureofthecustomizedanalysisandreport.Additionalmodificationsandcustomizationrequests willbebilledseparatelyatanhourlyrate. Page8of8 COML Council Packet 8-13-24, Page 112 of 333 Budget Adjustment Request Type of Adjustment* Instructions: If you are receiving additional revenues from an outside source (i.e. grant funds, donations, etc.) you must include the appropriate revenue code that the funds will be deposited to and the amount in the revenue section above. Enter the appropriate expenditure code/amount that the funds will be spent from in the expenditure section. The Use of Fund Balance will calculate automatically from the Revenue and Expenditure amounts entered. Fund*Department* Project/Grant Number Revenues If there are no Revenues, please enter '0' in each column. Fund*Dept *Object *Detail *Amount* Expenditures If there are no Expenditures, please enter '0' in each column. Fund*Dept *Object *Detail *Amount* Revenue Subtotal Expenditures Subtotal Use of Fund Balance Amendment Transfer 102 - Tourism 102 - Tourism Activities LTAC-Datafy Software Annual Renenwal If appropriate, please enter the Finance assigned Project/Grant Number. Budget Adjustment Details 0 ### 0 ### 0 3#### 0 #### 0.00$ 102 ### 102 ### 55732 5#### 0411 #### 16,881.13$ 0.00$ 16,881.13$ -16,881.13$ COML Council Packet 8-13-24, Page 113 of 333 Explanation* Project Budget Sheet/Other Supporting Document Name Signature* Submittal Date Submitter Email Is this being submitted by the City Manager, Assistant City Manager, or a Director?* Submitting Department* Last year, the City and LTAC Committee acquired a subscription to the Datafy online software for monitoring attendance at events requesting funding from the LTAC Committee. Last year the software had just been acquired and this would be the first year the software is in place for the entire LTAC process. The LTAC committee funded the purchase last year from the LTAC's 2% and for equity recommends funding the purchase from the City's 2% this year. The total cost includes a one-month extension that was approved to bridge the gap while the LTAC committee was convened to recommend the renewal. Staff and the committee will evaluate the usefulness of the software this cycle and make a recommendation on renewal for next year. Staff recommends approval of the purchase from the City's 2% of LTAC for this year. Visit Moses Lake Essentail Aug 24 Renewal.pdf 249.88KB Visit Moses Lake Essentail Renewal 8.24-8.25.pdf 251.37KB Submitter Information Doug Coutts 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. 8/2/2024 dcoutts@cityofml.com Yes No Parks, Recreation and Cultural Services COML Council Packet 8-13-24, Page 114 of 333 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 Mike Jackson, Interim City Manager 18867 Brian Baltzell, Public Works Director Public Works 8/13/2024 Consent Agenda PUD Easement Resolution and Verizon Property Lease City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ First Motion: Staff recommends City Council motion to adopt the resolution to approve the easement with Grant County PUD as presented. Second Motion: Staff recommends City Council motion to authorize execution of the lease agreement with Verizon as presented. Packet Attachments (if any) Resolution 3990 to authorize easement.pdf 223327 City ML Easement.pdf MINICOW GRANT AIRPORT - COW (Incl LEs) - Executable - 5-31-24.pdf Overview City staff have been working with Verizon on establishing a lease for ground off of Randolph Road near the old Police firing range. Verizon is wanting to lease 600 sq. ft. of property for a mobile Cell on Wheels (CoW). In order to access the proposed area, we will need to secure the easement agreement with GCPUD. Verizon intends to fence and run power to this area at their expense. None. Options and Results COML Council Packet 8-13-24, Page 115 of 333 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Staff will reconvene to determine next actions. Approve, Authorize, or Adopt: Documents will be executed as presented. COML Council Packet 8-13-24, Page 116 of 333 RESOLUTION 3990 A RESOLUTION TO GRANT EASEMENT ACROSS CITY-OWNED PROPERTY TO GRANT COUNTY PUD FOR THE VERIZON MOBILE CELL SITE. Recitals: 1. The proposed location for the site is off Randolph Road near the old Police firing range. 2. Verizon will fence and run power to the site at their expense. Resolved: 1. The City of Moses Lake, Washington, grants the easement across city-owned properties to Grant County PUD for power to serve the Verizon Mobile Cell Site. Adopted by the City Council on August 13, 2024. ________________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 8-13-24, Page 117 of 333 Return to: Chris Clarke Name: Public Utility District No. 2 of Grant County Address: PO Box 878 City, State: Ephrata, WA 98823 EASEMENT AND RIGHT OF WAY ELECTRIC DISTRIBUTION LINE(S) AND COMMUNICATION FACILITIES Grantor(s): CITY OF MOSES LAKE A MUNICIPAL CORPORATION Grantee: Public Utility District No. 2 of Grant County, Washington Legal Description (abbreviated): LOT 1 MOSES LAKE POLICE FIRING RANGE PLAT Additional legal page 1. Assessor’s Tax Parcel ID # 12-0682-301 WO #223327 Tract No. S27 T20 R28 The Grantor(s): CITY OF MOSES LAKE A MUNICIPAL CORPORATION PO DRAWER 1579 MOSES LAKE, WA 98837-0244 in order to assist in the continued improvement of electric, telecommunication, and other services in Grant County, Washington, and for and in consideration of the mutual benefits to themselves, other landowners of Grant County and other persons, hereby grant and convey to PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, its agents, contractors, licensees, permitees, successors and assigns, hereinafter collectively called the Grantee, a perpetual right of way and easement: (1) to construct, reconstruct, operate, patrol, maintain and remove overhead and/or underground electrical distribution line(s) with multiple conductors including appurtenant signal lines, poles, wires, cables, anchors, guys and appliances necessary or desirable in connection with said distribution lines; and (2) to construct, reconstruct, operate, patrol, maintain and remove communication, fiber optic, telecommunication, telephonic, television, telecomputing, or any other communication or cable facilities, equipment, or other devices, in, upon, over, and under the following described land located in Grant County, Washington, to wit: COML Council Packet 8-13-24, Page 118 of 333 THE EASEMENT AREA and right of way hereby granted covers a 10 foot strip of land, lying over, under and across the above described land, the exact location of which is 5 feet on each side of a centerline which is currently staked on Grantor's property. Grantee shall have the right at all times for ingress and egress from the easement area across adjacent lands of Grantor for the purpose of exercising any of its rights. Grantor shall have the right to use the easement area for purposes not inconsistent with Grantee's full enjoyment of the authority and rights hereby granted. Such determination shall be made solely by the Grantee. The Grantors for themselves and their successors, assigns, lessees and licensees, hereby covenant and agree that they shall not place, construct or maintain any buildings, structures or other improvements within the easement area; they shall not reduce or enlarge the clearance between the ground and any electric distribution lines or communication lines or facilities within the easement area; and they shall not do or permit any other act that will damage or endanger the Grantee's electrical or communication lines, facilities, or other property. The Grantee shall have the right to level, grade or regrade the easement area as may be necessary for the purpose of constructing, reconstructing, patrolling, maintaining and operating said electrical lines and communication lines and facilities. The Grantee shall have the right at any time to clear the easement area and keep the same clear of brush, trees, timber, structures, improvements, and all fire hazards, together with the right to remove dangerous trees, if any, located beyond the limits of said easement areas, which by falling would endanger said electrical lines or communication lines or facilities; however, it is understood and agreed that all said brush, trees, timber, structures and improvements, other than those structures constructed by the Grantee, are Grantor's property and are there at the risk of Grantor, and Grantor is responsible for any damages caused thereby. COML Council Packet 8-13-24, Page 119 of 333 Grantor's covenants shall run with the above-described lands and be binding upon Grantor's successors and assigns. All of the authority and rights of Grantee as herein provided shall inure to the benefit of Grantee’s successors and assigns. Dated this ________________________________ day of______________________, 2024. ________________________________ Authorized Signatory/ies for CITY OF MOSES LAKE A MUNICIPAL CORPORATION STATE OF WASHINGTON ) )ss. County of ) On this day of , 2024, before me personally appeared to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposed therein mentioned, and on oath stated that he/she was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dated: ___________________ [ ] [ ] [ ] [ ] [ Notary Seal ] _____________________________________ Notary Public My appointment expires: _________________ COML Council Packet 8-13-24, Page 120 of 333 B1 "=42 'TITLEP.O. Box 878EPHRATA, WASHINGTON 98823(509) 754-5088www.gcpud.org06/03/24 RgonzalVerizon 8313 Randolph Rd NE CATEGORYSUB-CATEGORYDESIGNERORIGINATORCHECKERDATESHT. OFPLOT SCALESCALEMAP SIZEDOS FILE:PLOT DATE:PLOT BY:LAST FILE:DRAWING NUMBERSTATUS223327RA121 40W22 40W 2-#2ACSR - 44'2AL TX O.H . 3 6 ' RA91 RA109 V2594 V2605 V2612 V2619 3-336AAC1/0ACSR CBA3- 3-CUST O W N E D C U S T O W N E D 3-CUST O W N E D C U S T O W N E D 3-CUST O W N E D C U S T O W N E D 3-750AL EPR3-CUST O W N E D C U S T O W N E D 6-750AL EPR3-750AL EPR6-750AL PAR EPR6-750AL PAR EPR120683150 120682301 RANDOLPH RD NE45W2SN:_____ 35W4#______ ³ 0 40SCALE Legend ^_New Service Distribution Pole, Install ")P Pedestal, InstallOH Primary, NewOH Secondary, InstallUG Secondary, InstallConduit, Install dR Primary Meter ^_Exst. ServiceDExst.OH Disconnect, Closed F Exst. Riser Fuse, ClosedSExst. Pad-Mounted Switchgear #<all other values> Exst. PoleVExst. Vault, Switching{Exst. Guy and AnchorExst. OH DistributionExst. UG DistributionExst. ConduitRoad CenterlineProperty Line 00/00/001 1INITIALSMOSES LAKE INDUSTRIES8248 RANDOLPH RD NE DESIGN NOTES:* PROVIDED AND INSTALLED BY GRANT PUD.** PROVIDED AND INSTALLED BY CUSTOMER. LOCATION 1* EXISTING DEADEND 45' WOODEN POLE - SLACK SPAN 44' TO NEW 45' POLE AT LOC 2.LOCATION 1-2: SLACK SPAN 44'- PRI 2ACSR, N 2ACSR* INSTALL:LOCATION 2: SET NEW 45' POLE WITH 25kVA TRANS.* INSTALL:LOCATION 2-3: INSTALL #2AL TX OVERHEAD 36' TO LOC 3.* INSTALL:LOCATION 3: SET 35W4 SEC. POLE. ADD 3" RISER AND 2" RISER* INSTALL:LOCATION 3-4: RUN 350AL TX 7' TO MOPED AND 1-2" FIBERCONDUIT.* INSTALL:LOCATION 4: SET MOPED AND FIBERHAND HOLE.* INSTALL:LOCATION 4-5: CUSTOMERS TRENCH, CONDUIT AND WIRETO BE INSPECTED BY L&I** INSTALL:LOCATION 5: NEW 200 METER M10001** INSTALL: CUSTOMER COML Council Packet 8-13-24, Page 121 of 333 VZW Site Name: MINICOW GRANT AIRPORT MDG: 5000946715 SITE LEASE AGREEMENT (01/2024) MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 SITE LEASE AGREEMENT This Site Lease Agreement (“Lease”) is made between the City of Moses Lake, a Washington municipal corporation (“City”), and Cellco Partnership d/b/a Verizon Wireless having a mailing address at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Tenant”). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: TENANT: Cell Site Name: MINI COW GRANT AIRPORT (WA) Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road, New Jersey 07921 Attention: Network Real Estate With a copy sent to: Basking Ridge Mail Hub One Verizon Way Basking Ridge, New Jersey 07920 Attention: Legal Intake CITY OF MOSES LAKE: City Manager Office 401 S. Balsam Street PO Box 1579 Moses Lake, WA 98837 (509) 764-3702 (telephone) kfuhr@cityofml.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the “Premises”). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, connecting cables, and appurtenances (collectively, “Equipment”) for use in connection with its wireless telephone communications service (“Service”). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises (approximately 600 square feet of ground space at 8313 NE Randolph Road) as legally described on Parcel No. 120682301 in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City or as described in Provision 7 of the Agreement, which approval may be withheld in the City’s reasonable discretion. COML Council Packet 8-13-24, Page 122 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 2 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 2. Term. This Lease shall be five (5) years and shall commence on May 1, 2024 (the “Commencement Date”) and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease shall be automatically extended for one (1) additional five (5) year term upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) for any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as Five Hundred and 00/100 Dollar ($500.00) (“Rent”) per month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 401 S. Balsam Street, PO Box 1579, Moses Lake, Washington 98837; Attention: Finance Department. The initial rent payment hall be delivered by Tenant no later than 90 days after the Commencement Date. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by two percent (2%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 2% increase shall become effective January 1st of each calendar year. c. Within sixty (60) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Five Hundred and 00/100 Dollars ($500.00) equal to one month’s Rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace any lamps within City-owned light fixtures that have been removed or broken by Tenant’s installation of Equipment. COML Council Packet 8-13-24, Page 123 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 3 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules, and regulations in connection with the provision of Service and the use, operation, maintenance, construction, and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses, and permits at Tenant’s expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant’s expense, reimbursement of City’s reasonable attorney, administrative, and other related fees, licenses, and permits required by Tenant’s use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. c. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non-removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing, or altering the property. In furtherance of such rights, the Tenant will, upon the City’s demand and at the Tenant’s sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City’s request and within the reasonable time period prescribed by the City. 5. Relocation. In the event City desires to redevelop, modify, remodel, or in any way alter the Property and/or any improvements located thereon (“Redevelopment”), City shall in good faith use its best efforts to fully accommodate Tenant’s continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant’s Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant’s Equipment. Tenant shall relocate or make the necessary alterations, at Tenant’s sole cost, expense, and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City’s proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant’s Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant’s receipt of City’s notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant’s Equipment, Tenant and City agree to use their best efforts to amend this Lease to COML Council Packet 8-13-24, Page 124 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 4 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating, or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation, or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation, or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6”) of crushed surfacing top course and three inches (3”) of asphalt, class “AB”, or be replaced to the original condition, at the City’s sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the “Standards and Specifications for Road, Bridge, and Municipal Construction,” as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit C with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City’s evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant’s 24-hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant’s business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant’s construction and installation work shall be performed at Tenant’s sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City’s approval, which approval shall not be unreasonably delayed or withheld. COML Council Packet 8-13-24, Page 125 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 5 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7- days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant’s Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. · 10. Maintenance. Tenant shall, at its own expense maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti, and anything of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise, or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant’s use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state, or local authority. Tenant shall erect, maintain, and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules, and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state, or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state, or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the premises is right-of-way subject to City’s regulatory authority. Nothing herein shall be deemed to limit, impair, or affect City’s authority to franchise or otherwise permit usage of rights-of-way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances, and specifications for the use of the right-of-way and City property which shall govern Tenant’s Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant’s and in compliance with the requirements of Chapter 18.78 MLMC as it now exists or is hereafter amended. City shall have the right pursuant to Chapter 18.78 MLMC to grant rights for co-location of other telecommunications facilities on the Premises. Tenant agrees that it will not interfere with the City’s equipment or with the equipment of the City’s existing tenants; provided, COML Council Packet 8-13-24, Page 126 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 6 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 however, the City agrees that any future lease or license agreements for use of space on the Property for wireless communications purposes shall contain substantially the same requirements regarding non-interference to any existing tenant’s equipment installed at the Property as set forth herein. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant’s design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days’ notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety, or welfare; v. Upon 10 days’ written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards, and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(f) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. COML Council Packet 8-13-24, Page 127 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 7 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees, and any other damages incurred by City as a result of such termination. In addition Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City shall be construed as an election on City’s part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant’s construction, installation, maintenance, repair, use, operation, condition, or dismantling of the Premises or Tenant’s Equipment and Tenant expressly assumes all such risk except from claims arising from the sole negligence of willful act of City and its officers, boards, commissions, employees, agents, attorneys, and contractors. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition, or dismantling of the Premises or Tenant’s Equipment except for claims arising from the sole negligence or willful act of City and its officers, boards, commissions, employees, agents, attorneys, and contractors. c. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense including the City, its officers, boards, commissions, and employees as additional insureds as their interest may appear under this Agreement, the following types and limits of insurance: i. Commercial general liability insurance with limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Commercial automobile liability insurance with combined single limits of Two Million Dollars ($2,000,000) each accident for bodily injury and property damage. COML Council Packet 8-13-24, Page 128 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 8 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 iii. Worker’s compensation insurance and such other insurance in compliance with the statutory requirements of the state(s) of operation and Employer’s Liability with limits of $1,000,000 each accident/disease/policy limit. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City upon the commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: Upon receipt of notice from its insurer(s) Tenant shall provide the City with thirty (30) days’ prior written notice of cancellation of any required coverage. f. License: All insurance policies shall be with insurers licensed, authorized, or permitted to do business in the State of Washington and with a rating of A-IV unless waived by the City. g. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant’s operations hereunder, Tenant shall, at Tenant’s sole cost and expense, defend the same provided. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City’s own counsel. Tenant shall pay all expenses incurred by the City in response to any such actions, suits, or proceedings. These expenses shall include all out-of-pocket expenses including attorney fees of any services rendered by the City’s attorney, and the actual expenses of City’s expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions, or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants, and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Without any approval or consent of the other party, this Lease may be sold, assigned, or transferred by either Party to (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. In the event the Lease is sold, reassigned, COML Council Packet 8-13-24, Page 129 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 9 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 or transferred pursuant to this section the City shall be notified in writing of the new Lease holder within thirty (30) days and shall be provided with updated contact information. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non-Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms, or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. If the City is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from Tenant with respect to the transactions contemplated by this Agreement, then the City shall bill such Tax to Tenant in the manner and for the amount required by law, Tenant shall promptly pay such billed amount of Tax to the City, and the City shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that the City shall not bill to or otherwise attempt to collect from Tenant any Tax with respect to which Tenant has provided the City with an exemption certificate or other reasonable basis for relieving the City of its responsibility to collect such tax from Tenant. Except as provided in this Section 21, the City shall bear the costs of all Taxes that are assessed against or are otherwise the legal responsibility of the City with respect to itself, its property, and the transactions contemplated by this Agreement. Tenant shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Tenant with respect to itself, its property, and the transactions contemplated by this Agreement. 22. Quiet Enjoyment, Title, and Authority. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants, and conditions on Tenant’s part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If COML Council Packet 8-13-24, Page 130 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 10 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage, or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days’ written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant’s obligation to pay rent) shall terminate upon Tenant’s fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Washington and venue of any action shall lie in Grant County Superior Court, Washington State. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. Tenant shall be responsible for obtaining all necessary approvals, authorizations, and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty, or covenant whether any of the foregoing approvals, authorizations, or agreements are required or have been obtained by Tenant from any person or entity. f. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine COML Council Packet 8-13-24, Page 131 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 11 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14.vii above. g. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. 26. Legislative Changes. In the event that any federal, state, or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties’ rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. ATTEST: ____________________________________ Debbie Burke, City Clerk CITY OF MOSES LAKE: ____________________________________ Mike Jackson, Interim City Manager 401 S. Balsam Street Moses Lake, WA 98837 Date: _______________________________ APPROVED AS TO FORM: ____________________________________ Katherine Kenison, City Attorney COML Council Packet 8-13-24, Page 132 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 12 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 TENANT: Cellco Partnership d/b/a Verizon Wireless By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ COML Council Packet 8-13-24, Page 133 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 13 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 CITY ACKNOWLEDGMENT STATE OF Washington ) ) ss. COUNTY OF Grant ) On this _____ day of _________________, 202__, before me, a Notary Public in and for the State of Washington, personally appeared Kevin Fuhr, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that He was authorized to execute the instrument, and acknowledged it as City Manager of the City of Moses Lake, a Washington municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ______________________________________ NOTARY PUBLIC in and for the State of ____, residing at ______________________________ My appointment expires ___________________ Print Name ______________________________ COML Council Packet 8-13-24, Page 134 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 14 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 TENANT ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On ____________________________, before me, a Notary Public in and for the State of Washington, personally appeared ________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the _____________________________________ of Cellco Partnership d/b/a Verizon Wireless, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ______________________________________ NOTARY PUBLIC in and for the State of WA, residing at ______________________________ My appointment expires ___________________ Print Name ______________________________ COML Council Packet 8-13-24, Page 135 of 333 EXHIBIT A Description of City Premises COML Council Packet 8-13-24, Page 136 of 333 SITE LEASE AGREEMENT (01/2024) PAGE 16 OF 19 MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 EXHIBIT B Access and Utilities (See Attached) COML Council Packet 8-13-24, Page 137 of 333 RANDOLPH RD NETYN D A L L R D N E X SITE NAD83/91P D U N C A N S O N Company, Inc. 145 SW 155th Street, Suite 102 Seattle, Washington 98166 Phone 206.244.4141 Fax 206.244.4455 verizon Know what's below. Call before you dig. COML Council Packet 8-13-24, Page 138 of 333 RANDOLPH ROAD NEPPPPGRAVELASPHALT SURFACE SCRUB BRUSH SCRUB BRUSH SCRUB BRUSH SCRUB BRUSH GRAVELP NAD83/91Know what's below. Call before you dig.1 inch = ft. (IN FEET) GRAPHIC SCALE 1 inch = ft. (11x17 SHEET) 10 20 D U N C A N S O N Company, Inc. 145 SW 155th Street, Suite 102 Seattle, Washington 98166 Phone 206.244.4141 Fax 206.244.4455 verizon COML Council Packet 8-13-24, Page 139 of 333 VZW Site Name: MINICOW GRANT AIRPORT MDG: 5000946715 SITE LEASE AGREEMENT (01/2024) MINICOW GRANT AIRPORT 4872-1177-6429, v. 1 EXHIBIT C Tenant’s Equipment (3) Commscope NHH-45B-R2B Panel Antennas at 34.5’ Centerline (18) 7/8” Coax Cables (6) RRUs at Ground Equipment (6) Diplexers at Ground Equipment COML Council Packet 8-13-24, Page 140 of 333 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 18850 Katherine Kenison, City Attorney Administration 8/13/2024 Consent Agenda Delegation of PFAS Settlement Participation Authority 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 adopt the resoluon as presented. Resolution Delegating Authority re Future PFAS Settlements 4859- 4029-742.._.docx 17.58KB Aer thorough review of the benefits, the City Council has previously authorized parcipaon in the 3M and DuPont PFAS/AFFF Class Acon Selements. It is ancipated that over 20 other PFAS or AFFF manufacturer defendants in the mul-district ligaon have not yet seled and outside counsel expects that future Council decisions on new selements will also be required. Given that these selement agreements will contain nearly idencal terms and condions, and in the interest of efficiencies and cost-effecveness, staff and outside counsel are recommending that the City Council delegate authority on its behalf for responding to new selements (e.g., the Tyco, BASF, and future selements) to the City Manager. Because the Tyco and BASF selements are virtually idencal to one another, and because they are extremely similar to the 3M and DuPont selements, staff and outside counsel believe that future selements will follow the same terms and condions. Accordingly, because the City Council has already carefully evaluated the 3M and DuPont selements, it may prefer to avoid making potenally me-consuming individualized decisions on each new selement and delegate the decision-making authority on new selements to the City Manager (conngent on the new selements substanally conforming in all material respects with previous selements). There are no fiscal implicaons for the City. COML Council Packet 8-13-24, Page 141 of 333 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results The City Manager will have the authority to approve future PFAS/AFFF Settlements substantially conforming to the 3M and DuPont Settlements. Condition the delegation of authority as desired by making changes to the draft Resolution. Each new PFAS/AFFF Settlement will be presented to the City Council by outside counsel and staff prior to approval. COML Council Packet 8-13-24, Page 142 of 333 RESOLUTION NO. 3988 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE ACTION THROUGH SETTLEMENTS AND LITIGATION TO ADDRESS PFAS CONTAMINATION OF DRINKING WATER Recitals: 1. On February 27, 2024, the City Council voted to participate in the class action settlement agreement between Public Water Systems nationwide and E.I. DuPont de Nemours and Company, DuPont de Nemours, Inc., the Chemours Company, and Corteva, Inc. (City of Camden et al. v. E.I. DuPont De Nemours and Co. et al., No. 2:23-cv-03230-RMG) to resolve the liabilities of those companies for contaminating public drinking water with per- and polyfluoroalkyl substances (“PFAS”) from Aqueous Film-Forming Foam (“AFFF”) and other sources of PFAS (“DuPont Settlement”). 2. On February 27, 2024, the City Council voted to participate in the class action settlement agreement between Public Water Systems nationwide and 3M Company (City of Camden et al. v. 3M Co., No. 2:23-cv-03147-RMG) to resolve the liabilities of 3M for contaminating public drinking water with PFAS from AFFF and other sources of PFAS (“3M Settlement”). 3. Tyco Fire Products LP and BASF Corporation reached settlement agreements on the same subject on April 12, 2024, and May 20, 2024, respectively, which have been preliminarily judicially approved and are now being considered for final approval in the multi-district litigation (“MDL”) related to AFFF ongoing in the U.S. District Court for the District of South Carolina (MDL No. 2:18-mn-2873) (the “AFFF MDL”). 4. Numerous other PFAS and AFFF manufacturer and related defendants that are allegedly responsible for AFFF-based PFAS contamination of drinking water nationwide continue to litigate in the AFFF MDL and have not resolved their liabilities. 5. The City Manager, with assistance from the City Attorney, staff, and outside counsel, has closely evaluated the specifics of the 3M and DuPont Settlements and assessed the benefits and drawbacks of the City of Moses Lake’s participation in, or opting out of, each. 6. Before deciding whether to participate in or opt out of the 3M and DuPont Settlements, outside counsel and the City Manager briefed the City Council on the specifics of each, and the benefits and drawbacks of each, in Council meetings held throughout 2023 and early 2024. 7. All class action settlement agreements arising out of the AFFF MDL for Public Water Systems announced to date relating to PFAS contamination of drinking water have COML Council Packet 8-13-24, Page 143 of 333 contained substantially similar definitions and provisions, as applied to the City of Moses Lake. Resolved: 1. The City Council has determined that it is in the best interest of the City of Moses Lake to delegate authority to the City Manager and his/her delegees to make decisions that will best maximize the amount of funding available to address PFAS contamination of drinking water supplies through means that may include participation in future class action settlement agreements. 2. The City Council authorizes the City Manager and his/her delegees, on behalf of the City of Moses Lake, to commit the City of Moses Lake to participating in class action settlements relating to PFAS contamination of drinking water, insofar as such settlements substantially conform with prior ones in all material respects as applied to the City of Moses Lake, and no significant circumstances exist to support a different course. ADOPTED by the City Council on August 13, 2024. ___________________________________ Dustin Swartz, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk COML Council Packet 8-13-24, Page 144 of 333 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 18855 Dave Sands, Police Chief Police 8/13/2024 Old Business Traffic Photo Enforcement Contract Extension City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 250,000.00$343,994.40$0.00$ Staff recommends City Council authorize execution of a one-year contract with RedFlex for continued photo enforcement of red-light violations at intersections and speed violations in the Pioneer School zone. Redflex Revenue and Expense Summary Photo Enforcement Extension Letter COML Council Packet 8-13-24, Page 145 of 333 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Moses Lake Police Department has had red light cameras since approximately 2006. These automated cameras issue citations to vehicles that run red lights at intersections and to vehicles that speed in the school zone on Pioneer Way. Currently, the city has red light cameras at Pioneer and Hill, Stratford and Valley, Stratford and Mart Road and Broadway and Alder. There is one speed camera set up in the 1300 and 1400 block of Pioneer Way for enforcement of the school zone there. The cameras were not active during 2023 and the first half of 2024, due to the transition to District Court handling the citations. Prior to that, the city issued 9687 tickets in 2019, 6721 in 2020, 6206 in 2021 and 11,317 in 2022. The numbers in 2020 and 2021 were obviously affected by COVID and six months of construction on Stratford and Valley in 2021. To get an idea of the effect of the cameras on accidents at the specific intersections, below is a comparison of accident numbers between 2022 (the last full year that the cameras ran) and 2023, during which the cameras were off. Intersection 2022 Collisions/Injury 2023 Collisions/Injury Stratford and Valley 11/1 21/2 Broadway and Alder 36/8 46/7 Stratford and Mart 31/8 27/8 Pioneer and Hill 3/0 5/1 The numbers show an increase of 18 total collisions, and 1 injury collision in 2023 when the cameras were not functional. It should be noted that many people did not know the cameras were off, as we did not make any sort of public announcement about it. From a revenue and expense perspective, from 2017 through 2022, the cameras netted an average of $345,900/year in income as shown on the attached chart. In 2023, the City received $168,231 in revenue versus expense of $537.872.46 resulting in a net loss of $369,641.46. This was due to the transition of the ticketing to district court. The department was under contract to continue to pay for the service, and it was believed the transition to district court would go quickly. When it became apparent that would not be the case at the end of last year, and the current contract was expiring, the department stopped paying the monthly fee and has not yet restarted. The 2024 budgeted expense for the photo enforcement cameras was $575,000. Roughly $231,000 of the budget was used to pay for design costs for the new police building that were not budgeted elsewhere, leaving $343,994.40 remaining in the budget. The design of the new police building has been temporarily halted until a funding source is identified. The remaining budget will cover the fees for the remainder of the year if the one-year contract is signed. The contract will cost roughly $250,000 for the remainder of 2024 and an additional $250,000 in 2025 for the duration of the 1-year contract. If the contract is renewed in 2025, additional funding will be required. The money required for the contract is in the budget for 2024. It would require continuing to budget for the cost in 2025. With the new arrangement with District Court, it is unknown what effect that will have on the revenue stream from the program. Options and Results The department would continue the photo enforcement for the period of the one year contract. Staff will bring back options for recommended changes. The photo enforcement would cease at the end of the current contract period. COML Council Packet 8-13-24, Page 146 of 333 Redflex Revenue Expense Net Income/ (Loss) 2017 338,299 224,101 114,198 2018 732,071 355,964 376,107 2019 968,916 421,068 547,848 2020 539,678 469,615 70,063 2021 1,034,951 459,917 575,034 2022 979,425 587,076 392,349 2023 168,231 537,872 (369,641) 2024 829 - 829 COML Council Packet 8-13-24, Page 147 of 333 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 8-13-24, Page 148 of 333 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 18667 Madeline Prentice, Director Finance 8/13/2024 New Business Repayment of ML Municipal Airport CARB Loan City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 158,595.03$10,702.00$147,893.03$ Approve repayment of WSDOT CARB loan in the amount of $158,595.03 for the purchase of a used fueling facility at the ML Municipal Airport. Loan amortization schedule - City of Moses Lake- Payoff 7-31-24.pdf 70.89KB Budget Adjustment Request - CARB Loan payoff.pdf 218.99KB 04 01 CARB Repayment Resolution.docx 19.81KB In October 2020, the City was awarded a CARB loan by the WSDOT for the purchase of a used fueling facility at the Moses Lake Municipal Airport. The initial loan amount was for $175,000 with a planned completion date of May 2021. Finding a used fueling facility was not located until 2022 and was ultimately purchased at a cost of $152,302.64. To date, the project has not been completed timely due to lack of phase 3 power at the location, and a requirement for a secondary containment in case of fuel spills. Additionally, the City does not have a current consensus to move forward with the project. While these issues remain unresolved, the CARB loan is accruing interest with a total of $6,292.39 accrued through 7/31/2024. As this project has not been scheduled and would require significant additional funds to complete, there isn't a firm completion date. The CARB loan has a 20-year maximum term, with 3 years of deferred principal and interest. The drawdown of the $152,302.64 occurred in 2022. Annual minimum payments would begin in 2025 if the project is not completed and will continue for 17 years if the loan is not paid off early. The CARB loan awarded to the City in 2020 and drawn down in the amount of $152,302.64 in 2022 would be paid off in full, including $6,292.39 in accrued interest. The City would save nearly $40,000 in interest by paying the loan off early. The 2024 Airport budget included an annual loan repayment amount of $10,702. A budget amendment in the amount of $147,893.03 is required if Council authorizes the full repayment of the loan. COML Council Packet 8-13-24, Page 149 of 333 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Authorize a transfer from the General Fund to the Airport Fund in the amount of $147,893.03 and full repayment of the loan in the amount of $158,595.03. Staff will bring back options for recommended changes. The CARB loan would remain in effect. Interest would continue to accrue, and annual loan repayments would begin in 2025 through 2042. COML Council Packet 8-13-24, Page 150 of 333 Loan Disbursements Recipient Project Program Work Order Work Grp Work Op Sub-Sub Obj.OrgF7MS81430603NR52691010 Warrant Date ect Completion D Days XV Number Amount Int. Rate Ratio Int. Accrued7/8/2022 7/31/2024 754 333966!152,302.64$ 2%206.5753%6,292.39$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 0 -$ 2%0.0000%-$ 152,302.64$ 6,292.39$ 152,302.64$ $158,595.03 City of Moses Lake New Fuel System COML Council Packet 8-13-24, Page 151 of 333 Budget Adjustment Request Type of Adjustment* Instructions: If you are receiving additional revenues from an outside source (i.e. grant funds, donations, etc.) you must include the appropriate revenue code that the funds will be deposited to and the amount in the revenue section above. Enter the appropriate expenditure code/amount that the funds will be spent from in the expenditure section. The Use of Fund Balance will calculate automatically from the Revenue and Expenditure amounts entered. Fund*Department* Project/Grant Number Revenues If there are no Revenues, please enter '0' in each column. Fund*Dept *Object *Detail *Amount* Expenditures If there are no Expenditures, please enter '0' in each column. Fund*Dept *Object *Detail *Amount* Revenue Subtotal Expenditures Subtotal Use of Fund Balance Explanation* Amendment Transfer 001 - General Fund 006 - Misc. Srvcs If appropriate, please enter the Finance assigned Project/Grant Number. Budget Adjustment Details 495 ### 000 ### 39700 3#### 1906 #### 147,893.03$ 001 ### 006 ### 59700 5#### 0099 #### 147,893.03$ 495 ### 495 ### 59700 5#### 1000 #### 147,893.03$ 147,893.03$ 295,786.06$ -147,893.03$ Transfer from General Fund to Airport to pay off CARB loan for the fueling station and stop additional interest from accruing. The total loan payoff amount is $158,595.03, but $10,702 was budgeted in 2024 for the annual payment in the event that the fuel system was completed and put in service. COML Council Packet 8-13-24, Page 152 of 333 Project Budget Sheet/Other Supporting Document Name Signature* Submittal Date Submitter Email Is this being submitted by the City Manager, Assistant City Manager, or a Director?* Submitting Department* Loan amortization schedule - City of Moses Lake- Payoff 7-31-24.pdf 70.89KB Submitter Information Madeline Prentice 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. 7/23/2024 mprentice@cityofml.com Yes No Finance COML Council Packet 8-13-24, Page 153 of 333 RESOLUTION NO. 3835 A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY COUNCIL WITH THE WASHINGTON STATE COMMUNITY AVIATION REVITALIZATION BOARD FOR AID IN FINANCING THE COSTS OF PUBLIC FACILITIES CONSISTING OF A FUELING SYSTEM AT THE MOSES LAKE AIRPORT Recitals: 1. The Municipal Airport Advisory Board recommends installation of a key card fuel station to attract additional air traffic and business to the community. 2. The Municipal Airport Advisory Board has received approval for a loan to finance a new fuel station from Washington State Community Aviation Revitalization Board (CARB). Resolved: 1. That the City Manager of Moses Lake be hereby authorized and directed to execute, on behalf of the City Council, a Final Contract between the Community Aviation Revitalization Board and the City of Moses Lake and such other documents as may be required for securing aid in financing the cost of the above-described public facilities. 2. The city council has accepted the offer of the loan from the Community Aviation Revitalization Board in the amount of $175,000, said loan to bear interest at the rate of 2.0% per annum. 3. Repayment of said $175,000 general obligation loan (unless revenue loan authorized) shall be in consistent with the terms provided in the signed Initial Offer of Financial Aid and more particularly as follows: General Obligation Loan of $175,000 with an interest rate of 2.0% for a term of 20 years including up to 3 years of deferred principal and interest. 4. A copy of said Initial Offer of Financial Aid is attached hereto, designated as Exhibit A, and made a part hereof as though set forth herein in full. COML Council Packet 8-13-24, Page 154 of 333 5. The City of Moses Lake reserves the right to accelerate payments on principal and eliminate the interest on any accelerated principal payments. This obligation shall be considered as a legal general obligation of the City of Moses Lake and the City hereby pledges its full faith and credit to the payment thereof. 6. The City of Moses Lake shall establish a separate fund to be known as the Community Aviation Revitalization Board (CARB) Fund. Establishment of this fund applies to CARB loans. In the case of a loan, there shall be sufficient moneys placed in this fund to meet the above-detailed repayment schedule. The source of payment is fuel sales and surcharges. ADOPTED by the City Council on November 24, 2020. ________________________________________ David Curnel, Mayor ________________________________________ Allison Williams, City Manager ATTEST: _________________________________________ Debbie Burke, City Clerk COML Council Packet 8-13-24, Page 155 of 333 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 18808 Shannon Springer, Director Human Resources 8/13/2024 New Business Executive Search Firm Approval for City Manager and Fire Chief Positions City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 46,000.00$0.00$46,000.00$ Staff recommends City Council motion to authorize the Interim City Manager to sign engagement letters with GMP Consultants for recruitment of the city’s next City Manager and Fire Chief. GMP Proposal - Moses Lake City Manager.pdf 17.15MB GMP Proposal - Moses Lake Fire Chief.pdf 16.47MB Moses Lake City Manager engagement letter.docx 70.83KB Moses Lake Fire Chief Engagement Letter.pdf 182.39KB The position of City Manager is vacant with an Interim City Manager currently in the role. The position of Fire Chief will become vacant in January 2025 with the retirement of the current Fire Chief. An executive search firm is best poised to recruit and identify candidates for these positions. The City of Des Moines recently released an RFP for executive search firms. Six firms responded to that RFP. The responses were reviewed, and city staff recommend utilizing GMP Consultants from Snoqualmie, Washington, for recruitment of the City Manager and Fire Chief positions. GMP Consultants is a public sector executive search firm with local government leadership experience with both regional and national relationships. GMP Consultants was founded and is led by Greg M. Prothman, formerly the CEO of Prothman. GMP consultants have worked on over 500 executive searches and over 100 public sector consulting projects. The City of Moses Lake has worked with Mr. Prothman recently as well as in the past at his prior firm. GMP proposals for each search are attached along with engagement letters for each position. COML Council Packet 8-13-24, Page 156 of 333 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The fee for conducting a City Manager recruitment is $19,500. The fee for conducting a Fire Chief recruitment is $16,500. The Professional fee covers all consultant and staff time required to conduct the recruitment. Professional fees are billed in three equal installments: at the beginning, halfway, and upon completion of the final interviews. The City will be responsible for reimbursing expenses incurred on the City's behalf. All expenses are submitted at actual cost with no mark up. Expenses include: Websites, job boards and other advertising (approx. $1,400 - $1,900 est. for City Manager and $1800 - $2,200 est. for Fire Chief) Direct Mail announcements (approx. $1,300 - $1,900 est. for City Manager and $1,700 - $2,000 for Fire Chief) Consultant Travel: Mileage at IRS rate and $65/hour for City Manager $75 per hour for Fire Chief, plus hotel for overnight accommodation Background Checks (approx. $225 per candidate) The city has the right to cancel the search at any time. The City's only responsibility would be the fees and expenses incurred prior to cancellation. Any additional work requested beyond services provided in scope of work is billed at $170 per hour. GMP Guarantee & Warranty: If a candidate is not selected, repeat recruitment will be done for the cost of expenses as needed until a candidate is selected. Should the selected candidate leave the employment of the city within the first 18 months of appointment, additional recruitment will be done for the cost of expenses only, if requested to do so within six months of the employee's departure. If the major elements of the process are followed and a candidate is not chosen, repeat recruitment will be done once with no additional professional fee, the only cost would be the expenses. Options and Results Authorize the City Manager to execute the agreement as presented. Staff will bring back options for recommended changes. The recruitment would be handled in-house utilizing the current system. COML Council Packet 8-13-24, Page 157 of 333 City Manager Recruitment Proposal FOR THE CITY OF MOSES LAKE, WA JULY 2024 PRESENTED BY Greg M. Prothman President, GMP Consultants GMP CONSULTANTS Greg@gmphr.com (206) 714-9499 www.gmphr.com COML Council Packet 8-13-24, Page 158 of 333 ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com July 29, 2024 Mr. Dustin Swartz Mayor City of Moses Lake 401 S Balsom Moses Lake, WA 98837 Dear Mayor Swartz, Thank you for the opportunity to provide a proposal to assist the City of Moses Lake with the recruitment of its next City Manager. GMP is well positioned to partner with the City as we are currently conducting or have recently completed management searches for: • City of North Plains, OR – City Manager • City of North Branch, MN – City Administrator • City of Medina, MN – City Administrator • Crook County, OR - County Manager • City of Kennewick, WA – City Manager • City of Moab, UT – City Manager • Grays Harbor County, WA – County Administrator GMP has also recently completed management searches for: • City of Shady Cove, OR – City Administrator • City of Brainerd, MN – City Administrator • City of Lacey, WA - City Manager • City of Tumwater, WA - City Administrator • City of Mountlake Terrace WA – City Manager • City of Pasco – City Manager • Lewis County WA – County Manager • City of Oak Park Heights, MN • City of Canby, OR – City Administrator • City of Sammamish, WA – City Manager These and other recently completed searches provide us with an excellent knowledge of both Washington and national city management candidates. Having conducted 600 total recruitments including over 100 city/county manager recruitments, we believe GMP's proven process provides a best practices approach to attracting high-quality candidates and ensuring a good fit for your organization. We have earned a reputation for providing superior service and building lasting relationships with both clients and candidates. If you have any questions or would like to discuss your specific needs, please do not hesitate to contact me at (206)714-9499 or Greg@gmphr.com. I look forward to hearing from you and hope to have the opportunity to work together soon. Sincerely, Greg M. Prothman President GMP Consultants COML Council Packet 8-13-24, Page 159 of 333 City Manager Search Proposal Page | 2 ABOUT GMP CONSULTANTS GMP Consultants is a public sector executive search firm with a collective 235 years of local government leadership experience with both regional and national relationships. GMP Consultants offer our clients experienced subject matter experts with a solid understanding of local government coupled with decades of experience. We have served in a wide range of executive positions, from city and county management to public works, management information systems, and finance. Our Qualifications Founded and led by Greg M. Prothman, formerly the CEO of Prothman, GMP consultants have worked on over 600 executives searches and over 80 public sector consulting projects. All our senior search consultants are active in both ICMA and local state level city management associations or in their respective professional associations. Our Philosophy Our business philosophy centers on the understanding that this is a “people” related industry. We have a reputation for providing superior service and building lasting relationships with both clients and candidates. We believe that attention to others’ needs is the key to effective customer service. Why Choose GMP? What you get with GMP Consultants is personal service. You appreciate it when phone calls are returned, projects stay on schedule and your challenges are given thorough and creative thinking. While other companies may assign your business to lesser experienced staff, we offer exceptional service from senior- level consultants • Service & Relationship - Our consultants have a reputation for providing outstanding service and building lasting relationships with both clients and candidates. • Customized Solutions - We take the time to become familiar with your organization to ensure that we offer the best solution and not just a single service. • People First - We work closely with you and your candidates through every stage of the recruitment process, creating a welcoming candidate experience and ensuring an effective recruitment outcome. • Team Approach – With 13 former city managers our consulting group works as a team to leverage their networks to assist with each assignment and give your challenges thorough and creative thinking. GMP Consultants Mission: To provide exceptional executive search, interim placements, and organizational consulting services partnering with our clients to provide the highest quality services to their residents. COML Council Packet 8-13-24, Page 160 of 333 City Manager Search Proposal Page | 3 PROJECT TEAM MEMBERS Greg M. Prothman – President Greg offers a unique combination of 20+ years of experience in various functions of government and 25 years of experience in public sector recruitment. Prior to forming GMP Consulting, Greg founded and was the driving force at Prothman Company as its CEO. Prior he was a partner at Waldron & Company. Early in his career Greg served as a police officer for the University of Washington and the City of Renton. He left police work after completing his Master’s degree in Public Administration and accepted an administrative position for the City of Des Moines, WA. He was quickly promoted to Assistant City Manager and then City Manager. A Seattle native, Greg completed his BA at Western Washington University and his Master of Public Administration (MPA) degree from the University of Washington. Additionally, he completed the Senior Executives in State and Local Government program at Harvard University. Greg is a volunteer member of Seattle Mountain Rescue and a member of Crystal Mountain Ski Patrol. Dave Zabell – Lead Consultant Dave is the recently retired city manager with the city of Pasco WA (pop. 80,000). During Dave’s career he has served as city administrator for the City of Marysville, Public Works Director for the City of Bothell, City Manager for the City of Fife and as Assistant City Manager for the City of Yakima. Dave is a member of the Washington City Managers Association as well as the International City Managers Association and has served as an Executive Committee Member for the Washington Cities Insurance Authority. Dave is recognized as an experienced and innovative municipal manager who understands the critical components of superior service delivery for local government. Dave also bring expertise in public works having served as public works director for the cities of Marysville and Bothell, WA. Dave holds a Master of Public Administration from the University of Washington and a Bachelor of Science in Public Administration from Upper Iowa University. Kate Hansen – Recruitment Manager Kate is a certified Project Management Professional (PMP) with a background in business, nonprofit, and fire administration. She has served as a Public Records Officer as well as a political campaign manager, and brings a distinguishing blend of attention to detail, creativity, and critical thinking. Kate holds a B.A. in Theatre from Chapman University with an emphasis on stage management. Sarah Marsh – Content Designer Sarah brings a background across nonprofit, business, government, and education sectors. She holds an M.B.A in Organizational Behavior & Development from the University of Vermont. She also publishes in the field of American History and is the author of two award-winning children's books with Disney-Hyperion and Little, Brown. Sarah has a heart for researching and highlighting what makes a community and organization special. Brenda Gabbitas - Candidate Manager Brenda has over a decade of experience working with many communities around the globe in both public and private sectors. She leans on her experiences to build lasting relationships with everyone she works with while delivering unparalleled levels of service. Brenda holds a Bachelor's of Education in Early Childhood Development from Utah Valley University. Jessica Newman - Candidate Manager Having worked within the U.S. and internationally, Jessica brings a wide cultural perspective and strong communication skills to her work with both clients and associates. While using her background in graphic design and social media marketing to apply skills such as creative thinking, problem solving, and attention to detail across all projects. Jessica has a Bachelor's Degree in Linguistics from Bringham Young University. COML Council Packet 8-13-24, Page 161 of 333 City Manager Search Proposal Page | 4 WORKPLAN & APPROACH GMP Consultants have conducted hundreds of successful executive searches refining our process along the way. We provide the workplan, but you are in charge, we customize every recruitment to meet your needs. We partner with you with the goal of finding a highly qualified candidate who is the perfect "fit" for your organization. INFORMATION GATHERING & RECRUITMENT PROFILE DEVELOPMENT Review and Finalize Search Process and Schedule We'll meet with the City Council and staff to review: • Review and modify as needed the project scope of work and process • Establish a project schedule • Identify the geographic scope of the recruitment • Review the compensation package • Identify key stakeholders • Review the job description • Review and discuss any additional issues as needed Profile Research and Stakeholder meetings Our goal is to thoroughly understand your organization, current challenges, timeline, and preferred qualifications for this recruitment. • City Council Members • Leadership Team • Board and Committee Chairs • Municipal Partners • Business Leaders • Leading Citizens • Others as Directed • Review All Relevant Documents Develop, Review, and Approve a Detailed Recruitment Profile & Invitation We'll create a detailed recruitment profile highlighting the strengths of your job opportunity. If requested, we will assist in reviewing the position compensation and will make recommendations that are consistent with comparable agencies and the market. Examples of prior recruitment profiles are included in this proposal and typically feature the following: • Why Apply? • Community Profile • Quality of Life Opportunities • The Organization, Department, & Position • The Ideal Candidate • Challenges & Opportunities • Compensation & Benefits • Your Social Media (if applicable) STRATEGIC MARKETING Our goal is to not only reach candidates who are actively looking for a new job but those directors who are happy in their current assignment but who could be intrigued and interested in your opening. We research and develop a personalized national advertising strategy designed to reach all potential qualified candidates for your City. The Advertising Strategy is comprised of four components: • Targeted National Advertisement • Mailed “Invitation to Apply” Flyers • Personal Calls by Lead Consultants • Emails to potential Candidates COML Council Packet 8-13-24, Page 162 of 333 City Manager Search Proposal Page | 5 Targeted Advertisement - We develop a custom national advertisement plan highlighting the City and the City Manager opening placing ads in websites and job boards. Potential adds include: • Intl. City Managers Association (ICMA) • Washington Association of Cities • Oregon League of Cities • Oregon City Managers Association • Association of Idaho Cities • Western Cites (Cal Cities) • California City Management Foundation • Colorado City Managers Association • Utah City Managers • Association of Oregon Counties • Municipal Management Association of Northern California • Government Jobs • Careers in Government • GMP LinkedIn Page • GMP Job Board Development of Candidate Database for Direct Mail Invitations - We create a customized Invitation to Apply flyer (examples are included) and then develop a database of potential city manager candidates. We will mail approximately 700 to 900 letters of invitation to city managers/administrators in the 11 western United States. Personal Emails - We will send emails to over 3000 city managers & administrators nationwide. Personal Calls by our Lead Consultants – We will reach out to potential candidates who might be a good fit or who are looking for their next challenge. We will also reach out to our personal knowledge of city managers to make them aware of your opportunity. CANDIDATE EVALUATION & PRESENTATION Candidate Application Materials • Application - Candidates are asked to submit a cover letter, application, resume, answers to supplemental questions (designed to measure writing and thinking skills) and five professional references of peers, subordinates and supervisors. • Communication – We provide you with a summary of the advertising strategy, number of applications, and number of candidates we selected for a preliminary interview. • Review of Applications (if requested) - Occasionally some clients wish to review all the application materials prior to our selection of candidates for a preliminary interview. We are happy to facilitate this if desired. Preliminary Candidate Interviews – Once a candidate has indicated an interest in the position, we complete a multi-step screening: • Review - Evaluate all candidate application materials • Select - Identify the most promising candidates for a preliminary interview • Internet Research - Conduct an in-depth internet inquiry on each candidate to identify any concerning issues to be reviewed with the candidate • Interview – Your lead consultant conducts an in-depth preliminary interview with the most promising candidates • Summarize – Provide a written summary of our observations of each candidate’s strengths, weaknesses and potential fit with your agency • Recommend – Provide recommendations on each candidate for further consideration COML Council Packet 8-13-24, Page 163 of 333 City Manager Search Proposal Page | 6 Work Session - We meet with you to review the results of the preliminary interviews. Our goal is to provide as much information on each of the most promising candidates, providing you with the needed data to make quality decisions on each applicant. • Deliverables - Prior to the meeting, we provide with sufficient time to review: o Candidate Packets that include their cover letter, resume, supplemental questions, our consultant’s interview notes, and internet search results o Candidate Summary Sheet with a snapshot of each candidate and consultant’s recommendations o (If requested) A complete file of remaining candidates’ application materials • Candidate Review - We review and discuss each candidate’s materials and interview results with you • Finalist Candidate Selection - You select those candidates to move forward for a final interview • Final Interview Design - We help you decide on the structure of the interviews, including the panel participants and facilitators, tailoring our process to fit your needs • Coordinate Candidate Travel - We identify which candidate travel expenses you wish to cover • Interview Questions – Identify any interview topic areas of interest from which we can develop potential interview questions FINAL INTERVIEWS & CANDIDATE SELECTION Prior to the final Interviews we: • Conduct Reference Checks - We conduct professional reference checks on each candidate, requesting the names of supervisors, subordinates, and peers • Conduct Background Checks - Background checks include Education Verification, Criminal History, Driving Record, and Sex Offender Check • Facilitate Candidate Travel – Based on your guidance we coordinate the most cost-effective travel arrangements and ensure the candidate has information regarding their interviews and times. • Develop a Master Interview Schedule – We work with you to identify interview venues and then develop a master interview schedule • Develop Draft Interview Questions – Provide draft interview questions for your review for each advisory panel (if used) • Provide Final Interview Materials – Provide finalist packets for each candidate in a PDF file for printing by your agency as well as the master schedule • Coordinate Final Interviews – We will work hand-in-hand with your team to coordinate all of the details of conducting the final interviews Final Interviews • Facilitate Final Interviews – Your lead-consultant will be on site to facilitate the final interview process • Facilitate Panel Debrief - After interviews are complete, we facilitate a debrief with all advisory panels on each candidate’s strengths and areas needing support as information for your hiring authority • Candidate Evaluation – As needed, we facilitate your evaluation of the candidates and potential consensus on a preferred candidate, including any additional candidate referencing or research Candidate Selection & Appointment - Once you have identified a preferred candidate, we: • Facilitate and identify potential contract elements with you • Assist with the job offer and contract negotiations leading to an employment agreement • Notify all of the unsuccessful finalists • Celebrate the selection of your new City Manager! COML Council Packet 8-13-24, Page 164 of 333 City Manager Search Proposal Page | 7 RECRUITMENT SCHEDULE EXAMPLE Recruitments take approximately 90 days to complete. Kickoff Meeting City & GMP: Meet to discuss timeline & search process Profile Development Week 1-2 GMP: Meet with key stakeholders & create position profile Advertising Weeks 3 - 7 GMP: Post online ads; send direct mailing First Review Week 8 -9 GMP: Conduct preliminary interviews with most promising candidates Work Session Week 10 GMP & City: Meet to review semifinalists and choose finalist candidates Final Interview Preparation Week 11-12 GMP: Conduct background & reference checks, complete final Interviews schedule, coordinate travel with candidates Final Interviews Week 12 City: Hosts finalist interviews City: Makes hiring selection PROFESSIONAL REFERENCES City of Mountlake Terrace, WA Kyoko Matsumoto Wright, Mayor kmatsumotowright@mltwa.gov 425 9671948 City Manager Assistant City Manager Public Works Director Gunnison County, CO Matthew Birnie, County Manager MBirnie@gunnisoncounty.org 970-641-3061 County Manager Assistant county manager City of Lakewood, WA John Caulfield, City Manager jcaulfield@cityoflakewood.us 253-983-7703 City Manager City of Belgrade, MT Neil Cardwell, City Manager ncardwell@cityofbelgrade.net 406-388-3760 City Manager (2) Assistant City Manager Human Resource Director PROFESSIONAL FEE The fee for conducting a City Manager recruitment is $19,500. The professional fee covers all consultant and staff time required to conduct the recruitment. Professional fees are billed in three equal installments: at the beginning, halfway, and upon completion of the final interviews. The City of will be responsible for reimbursing expenses incurred on the City’s behalf. Expenses include: • Websites, job boards and other advertising (approx. $1,400 - 1,900 est.) • Direct mail announcements (approx. $1,300 - $1,900 est.) • Consultant travel: Mileage at IRS rate and $65 per hour, plus hotel for overnight accommodation • Background checks (approx. $225 per candidate) The City has the right to cancel the search at any time. The City’s only responsibility would be the fees and expenses incurred prior to cancellation. COML Council Packet 8-13-24, Page 165 of 333 City Manager Search Proposal Page | 8 GUARANTEE & WARRANTY Should the selected candidate leave the employment of the City within the first 18 months of appointment, we will conduct one additional recruitment for the cost of expenses only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. CITY/COUNTY CAO SEARCHES CONDUCTED AND MANAGED BY GMP CONSULTANTS In progress Recruitments Greys Harbor County, WA County Administrator City of North Plains, OR City Manager City of North Branch, MN City Administrator City of Medina, MN City Administrator Crook County, OR County Manager City of Moad, UT City Manager Recently Completed City of Kennewick, WA City Manager City of Brainard, MN City Administrator City of Shady Grove, OR City Administrator City of Belgrade, MT Assistant City Manager City of Canby, OR City Administrator City of Oak Park Heights, MN City Administrator City of Cottage Grove, OR City Manager Completed in the last 12 months City of Tumwater, WA City Administrator City of Pasco, WA City Manager Lewis County, WA County Manager City of Mountlake Terrace, WA City Manager City of Lacey, WA City Manager City of Sammamish, WA City Manager City of Livingston, MT City Manager City of Astoria, OR City Manager All Management Recruitments City & Borough of Sitka, AK Municipal Administrator City & Borough of Wrangell, AK Borough Manager City & County of Broomfield, CO Deputy City and County Manager City of Astoria, OR City Manager (2) City of Arlington, WA City Administrator City of Bainbridge Island, WA City Administrator City of Bandon, OR City Manager City of Battle Ground, WA City Manager (2) City of Belgrade, MT City Manager (2) City of Bingen, WA City Administrator City of Bothell, WA Deputy City Manager Assistant City Manager City of Burns, OR City Manager City of Canby, OR City Administrator City of Carnation, WA City Manager (2) City of Casper, WY City Manager City of Chehalis, WA City Manager (2) City of Chelan, WA City Administrator (3) City of Clyde Hill, WA City Administrator City of Coburg, OR City Administrator City of College Place, WA City Administrator City of Colorado Springs, CO Assistant City Manager City of Connell, WA City Administrator (2) City of Coquille, OR City Manager City of Covington, WA City Manager City of Damascus, OR City Manager City of Drain, OR City Administrator COML Council Packet 8-13-24, Page 166 of 333 City Manager Search Proposal Page | 9 City of DuPont, WA City Administrator City of Duvall, WA City Administrator City of Edgewood, WA City Manager (2) City of Ellensburg, WA City Manager City of Emeryville, CA City Manager City of Fife, WA City Manager City of Fircrest, WA City Manager (2) Town of Friday Harbor City Administrator City of Gig Harbor, WA City Administrator City of Gillette, WY City Administrator City of Gladstone, OR City Administrator City of Hailey, ID City Administrator City of Hermiston, OR City Manager City of Hood River, OR City Manager City of Issaquah, WA City Administrator Deputy City Administrator City of Kelso, WA City Manager City of Kenmore, WA City Manager (2) City of Ketchum, ID City Administrator City of Lacey, WA City Manager (2) City of Lake Forest Park, WA City Administrator (3) City of Lake Oswego, OR City Manager City of Lake Stevens, WA City Administrator City of Lakewood, WA City Manager Assistant City Manager City of Leavenworth, WA City Administrator (2) City of Lebanon, OR City Manager City of Lewiston, ID City Manager City of Lincoln City, OR City Manager City of Livingston, MT City Manager City of Longview, WA City Manager City of Louisville, CO City Manager City of Lynden, WA City Administrator City of McMinnville, OR City Manager City of Mill Creek, WA City Manager City of Milwaukie, OR City Manager City of Newcastle, WA City Manager (2) City of Minot, ND City Manager City of McMinnville, OR City Manager City of Monroe, WA City Administrator City of Moses Lake, WA City Manager (2) City of Mountlake Terrace, WA City Manager (3) City of Mt. Angel, OR City Manager City of Mukilteo, WA City Administrator Management Services Director City of Newcastle, WA City Manager (2) City of Normandy Park, WA City Manager City of Ontario, OR City Manager City of Othello, WA City Administrator City of Pasco, WA City Manager (2) Deputy City Manager City of Polson, MT City Manager City of Port Angeles, WA City Manager City of Port Townsend, WA City Manager City of Post Falls, ID City Administrator City of Prosser, WA City Administrator City of Puyallup, WA City Manager City of Rawlins, WY City Manager City of Renton, WA Chief Administrative Officer City of Ridgefield, WA City Manager City of Riverton, WY City Administrator City of Sammamish, WA City Manager (2) City of Scappoose, OR City Manager City of Shelton, WA City Administrator Management Assistant City of Sheridan, WY City Administrator City of Shoreline, WA City Manager (2) Deputy City Manager City of South Lake Tahoe, CA City Manager City of Spearfish, SD City Administrator City of Spokane Valley, WA City Manager Deputy City Manager City of Stanwood, WA City Administrator City of Stevenson, WA City Administrator City of Sultan, WA City Administrator COML Council Packet 8-13-24, Page 167 of 333 City Manager Search Proposal Page | 10 City of Sun Valley, ID City Administrator City of Sunnyside, WA City Manager City of Thorne Bay, AK City Administrator City of Toledo, OR City Manager City of Troutdale, OR City Manager City of Tumwater City Administrator City of Umatilla, OR City Manager City of Vancouver, WA Assistant City Manager City of Waldport, OR City Manager City of Walla Walla, WA City Manager City of West Linn, OR City Manager City of White Salmon, WA City Administrator City of Whitefish, MT City Manager City of Wood Village, OR City Manager City of Woodburn, OR City Administrator City of Woodinville, WA City Manager City of Woodland, WA City Administrator City of Yachats, OR City Manager City of Yakima, WA City Manager Assistant City Manager City of Yelm, WA City Administrator Blaine County, ID County Administrator Clackamas County, OR County Administrator Clatsop County, OR County Manager (2) County of Los Alamos, NM County Administrator Curry County, OR County Administrator Deschutes County, OR Fair & Expo Director County Administrator Eagle County, CO County Manager Franklin County, WA County Administrator Gunnison County, CO County Manager Assistant County Manager Hood River County, OR County Administrator Island County, WA County Administrator Inyo County, CA Assistant/Deputy County Administrator County Administrative Officer Jefferson County, WA Central Services Director Lane County, OR County Administrator Lewis County, WA County Manager Mason County, WA County Administrator Mono County, CA County Administrative Officer Assistant County Administrative Officer San Juan County, WA County Manager Snohomish County, WA Executive Director (2) Summit County, UT County Manager Thurston County, WA Assistant Chief Administrative Officer Town of Friday Harbor, WA Town Administrator Town of West Yellowstone, MT Town Manager (2) WORK SAMPLES: POSITION PROFILE AND INVITATION TO APPLY LETTER (Attached). Additional samples available at gmphr.com. Copyright © 2023 by GMP Consultants, . All rights reserved. COML Council Packet 8-13-24, Page 168 of 333 CITY MANAGER C I T Y O F K E N N E W I C K , W A This is a unique opportunity to join a community that has been recognized for its affordable housing, quality of schools, healthy economy, and low cost of living. The largest of Eastern Washington’s Tri-Cities, Kennewick lies in the heart of Washington wine country and offers a variety of sports and recreational activities, entertainment, and the region’s retail hub. The City is well-managed and has an experienced team of department directors. The next City Manager will have the opportunity to lead a service-oriented organization and work with the City Council on the next phase of growth. Why Apply? COML Council Packet 8-13-24, Page 169 of 333 POSITION | City of XXXXX 2 Welcome toKENNEWICK Kennewick is a vibrant city of 86,470 located in southeastern Washington along the banks of the Columbia River, about 3.5 hours from Seattle and Portland. The city is known for its affordability, relaxed-living vibe, historic downtown and waterfront district, and 300 days of sunshine each year. Kennewick residents appreciate their city's small-town feel, abundant opportunities for outdoor recreation, and quick access and relatively little traffic to the neighboring cities. The historic downtown is home to an eclectic mix of over 140 businesses: art galleries and antique stores, diners and brewpubs, boutiques and hardware stores — including many third-generation family businesses. In 2021, this area was designated a Washington State Creative District in recognition of Kennewick's vibrant and diverse artistic community. Public art pieces range from murals and sculptures to art-wrapped utility boxes. The City of Kennewick takes pride in the park and recreational facilities available for residents and visitors. There are 34 maintained public parks and facilities spread throughout the city totaling 855 acres, including 400 acres of green space. Because Kennewick is located alongside the junction of the Columbia, Snake, and Yakima rivers, there are ample opportunities for boating, paddle boarding, kayaking, jet skiing, or just strolling along the river. Kennewick is part of the fast-growing Tri-Cities region — the fourth largest metropolitan area in the state. The region is home to a U.S. Department of Energy national laboratory, high-tech manufacturing firms, environmental and engineering companies, national food growers and processors, and three colleges. Additionally, the agricultural region around the Tri-Cities has grown into a premier wine destination. With over 200 wineries in a 50-mile radius, the region has been compared to Bordeaux, France, attracting both tourism and international acclaim. The Tri-Cities airport serves the area with daily flights by major airlines. 1CITY MANAGER | City of Kennewick, WA COML Council Packet 8-13-24, Page 170 of 333 POSITION | City of XXXXX 2 Incorporated in 1904, the City of Kennewick operates under a Council-Manager form of government. The City serves a population of 86,470 with a 2023 budget of $200 million and 418 authorized FTEs. Departments include Community Planning, City Attorney, Finance, Management Services, Fire, Police, Public Works, and Parks, Recreation, & Facilities. The Council is comprised of seven council members, one of whom is appointed by its members to serve as Mayor for two years. Though Chair of the Council and the presiding member at weekly Council meetings, the Mayor has an equal vote with other Council members. Council members are elected by the citizens of Kennewick to serve a four-year term. Senior staff enjoy a positive and supportive relationship with a high level of trust and excitement about the organization’s shared vision and values. A strong culture of teamwork is evident in the collaboration amongst City Departments—and with regional partners — and is viewed as essential to the City’s long-term success. Employees are recognized as the City’s most valuable asset, rewarded for their performance, and are provided with opportunities that will help them progress in their professional careers. Staff are respected and trusted to make decisions and implement the results. THE CITY OF KENNEWICK 2CITY MANAGER | City of Kennewick, WA FULL-TIME EMPLOYEES 418 2023 BUDGET $200 million AREA 29 square miles POPULATION 86,470 COML Council Packet 8-13-24, Page 171 of 333 POSITION | City of XXXXX 2 here View job description 3CITY MANAGER | City of Kennewick, WA THE IDEAL CANDIDATE An experienced professional with at least 5 years of experience as a city manager. Strong understanding of municipal financial policies and budget preparation. Effective communication skills that include transparency, listening, and responsiveness. A team player who brings a collaborative approach internally and externally to the City. Outstanding ability to develop partnerships regionally, locally, and with the state. Considerable experience with economic development. Excellent at fostering positive working relations with the City Council collectively and individually to move the City forward. Overall leadership qualities that enhance management skills. EDUCATION & EXPERIENCE This position requires a bachelor's degree in public administration or a closely related field and seven or more years of progressively responsible experience in the policy and financial planning and analysis for a municipality including three or more years of supervisory experience over professional level staff, or any combination of relevant education and experience sufficient to demonstrate the knowledge, skills and abilities to perform the job. THE CITY MANAGER Under the general direction of the City Council, the City Manager provides leadership and direction to the establishment of broad organizational goals and objectives and formulation of plans, policies and programs to attain those goals and objectives.The City Manager directs the activities of senior level managers responsible for multi-divisional departments and coordinates their activities to ensure the needs of the community are served. COML Council Packet 8-13-24, Page 172 of 333 The planning for the next City biennial budget will begin early 2024 and the City Council desires a more transparent process. Additional resources are needed to meet the next phase of City growth. A priority economic development project is expansion of the convention center with an adjacent hotel and mixed-use development. Develop a master plan for a civic center (which includes replacing City Hall and a recreation center) with financing options and a project development schedule. Implementation of the Parks & Recreation Comp Plan, Fire Department Standard of Cover, Economic Development Strategic Plan, and the IT Strategic Plan for the City as well as many other Council and departmental priorities. Develop financing, funding, and plan to address critical Infrastructure needs for the wastewater system, deferred maintenance of parks and recreation facilities, and streets. Fill key management positions including the Finance Director and Deputy City Manager. 10ray@gmphr.com / (831) 236-8961 Apply Online: gmphr.com First Review: December 31, 2023 More Info: Ray Corpuz, GMP Consultants TO APPLY COMPENSATION & BENEFITS The City of Kennewick is offering an annual salary range of $200,000 to $265,000 for this position, dependent upon experience and qualifications, along with a comprehensive benefits package. OPPORTUNITIES & CHALLENGES RESOURCES Visit Tri-Cities City of Kennewick City Biennial Budget 2023-2024 Comprehensive Plan 2021-2041 COML Council Packet 8-13-24, Page 173 of 333 Dear Colleague, GMP Consultants is assisting the City of Sammamish, WA in finding a City Manager. Perhaps this is the right time in your career to consider this exciting opportunity. If not, would you please pass this on to other chief administrative officers who may be interested? Thank you for your consideration and assistance. Greg M. Prothman, GMP Consultants 206-714-9499 CITY MANAGER City of Sammamish, WA COML Council Packet 8-13-24, Page 174 of 333 The City of Sammamish, WA is seeking an inspiring City Manager to lead this vibrant community 20 minutes east of Seattle. Sammamish is a family friendly city of 66,000, known for offering suburban living amid natural beauty with easy access to big city amenities. This is a unique opportunity to make a difference in a highly desirable community with a new, inclusive, and aligned city council that is committed to providing a high-quality environment. Incorporated in 1999, the City of Sammamish operates as a non-charter optional code city with a Council– Manager form of government. Operating on a biennial 2021-2022 budget of $276 million with a team of 139 FTE's, the City of Sammamish provides a full range of municipal services and contracts for police, fire, water, and sewer services. THE CITY OF SAMMAMISH A bachelor’s degree from an accredited college or university in Business Administration, Public Administration or a closely related field. Advanced degree preferred. 7+ years progressively responsible management experience. Any combination of education and experience providing the knowledge skills, and abilities necessary for successful performance is qualifying. The City of Sammamish is committed to fostering diversity, equity, inclusion, and belonging in its workforce and community and reviews all candidates holistically. The City of Sammamish is seeking an effective leader as their next City Manager to work in partnership with Council to bring the organization into a period of stability. The ideal candidate will be a creative problem solver who is comfortable advising the Council with well-supported professional recommendations. This person will be experienced in city management and demonstrate emotional intelligence, empathy, and excellent communication skills. Guided by moral and ethical leadership, they will be an effective and approachable leader who inspires staff to reach their best potential. The ideal candidate will bring to the position solid administrative skills as well as experience in providing services by contract. THE IDEAL CITY MANAGER LEARNMORE More Info: gmphr.com First Review: September 11, 2022 Contact: Andrew Neiditz, GMP Consultants aneiditz@gmphr.com / 253-732-8081 COML Council Packet 8-13-24, Page 175 of 333 Fire Chief Recruitment Proposal FOR THE CITY OF MOSES LAKE, WA JULY 2024 PRESENTED BY Greg M. Prothman President, GMP Consultants GMP CONSULTANTS Greg@gmphr.com (206) 714-9499 www.gmphr.com COML Council Packet 8-13-24, Page 176 of 333 ____________________________________________________ 206.714.9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com July 29, 2024 Mr. Mike Jackson Interim City Manager City of Moses Lake 401 S Balsom Moses Lake, WA 98837 Dear Mr. Jackson, Thank you for the opportunity to provide our proposal to assist the City of Moses Lake with the recruitment of its next Fire Chief. Having led and managed over 70 national fire chief recruitments, GMP Consultants is well positioned to assist with this important recruitment as we are in the progress of or have recently completed fire chief searches for: Whatcom County Fire District 27 Fire Chief (in progress) Mountain View Fire Rescue, CO Fire Chief (in progress) City of Olympia, WA Fire Chief (just completed) Redmond Fire District, OR Fire Chief (just completed) Central Whidbey Island Fire & Rescue, WA Fire Chief (recently completed) Your recruitment will be led by Chief Gordie Olson, Chief Olson is the recently retired fire chief of City of Thorton, CO - Fire Department serving a population of 150,000 with seven stations and 153 full-time employees. Chief Olson served as Fire Chief for eight years, prior he was Deputy and Assistant Fire Chief for South King Fire Authority, WA (pop 150,000) for 6 years. Chief Olsen brings an extensive knowledge of the fire service and has excellent contacts with fire chiefs both nationally and in Washington. If you have any questions or would like to discuss your specific needs, please do not hesitate to contact me at (206)714-9499 or Greg@gmphr.com. I look forward to hearing from you and hope to have the opportunity to work together soon. Sincerely, Greg M. Prothman President COML Council Packet 8-13-24, Page 177 of 333 Fire Chief Recruitment Proposal Page | 2 ABOUT GMP CONSULTANTS GMP Consultants is a public sector executive search firm with a collective 240 years of local government leadership experience with both regional and national relationships. GMP Consultants offer our clients experienced subject matter experts with a solid understanding of local government coupled with decades of experience. We have served in a wide range of executive positions, from city and county management to public works, management information systems, and finance. Our Qualifications Founded and led by Greg M. Prothman, formerly the CEO of Prothman, GMP consultants have worked on over 500 executives searches and over 100 public sector consulting projects. All our senior search consultants are active in both national and local state level associations or in their respective professional disciplines. Our Philosophy Our business philosophy centers on the understanding that this is a “people” related industry. We have a reputation for providing superior service and building lasting relationships with both clients and candidates. We believe that attention to others’ needs is the key to effective customer service. Why Choose GMP? What you get with GMP Consultants is personal service. You appreciate it when phone calls are returned, projects stay on schedule and your challenges are given thorough and creative thinking. While other companies may assign your business to lesser experienced staff, we offer exceptional service from senior- level fire service consultants. • Service & Relationship - Our consultants bring a reputation for providing outstanding service and building lasting relationships with both clients and candidates. • Customized Solutions - We take the time to become familiar with your organization to ensure that we offer the best solution and not just a single service. • People First - We work closely with you and your candidates through every stage of the recruitment process, creating a welcoming candidate experience and ensuring an effective recruitment outcome. • Team Approach - Our fire consulting group works as a team to leverage their networks to assist with each assignment and give your challenges thorough and creative thinking. GMP Consultants Mission: To provide exceptional executive search, interim placements, and organizational consulting services partnering with our clients to provide the highest quality services to their residents. COML Council Packet 8-13-24, Page 178 of 333 Fire Chief Recruitment Proposal Page | 3 PROJECT TEAM MEMBERS Greg M. Prothman – President Greg offers a unique combination of 20+ years of experience in various functions of government and 25 years of experience in public sector recruitment. Prior to forming GMP Consulting, Greg founded and was the driving force at Prothman Company as its President. Prior he was a partner at Waldron & Company. Early in his career Greg served as a police officer for the University of Washington and the City of Renton. He left police work and accepted an administrative position for the City of Des Moines, WA. He was quickly promoted to Assistant City Manager and then City Manager. A Seattle native, Greg completed his BA at Western Washington University and his Master of Public Administration (MPA) degree from the University of Washington. Additionally, he completed the Senior Executives in State and Local Government program at Harvard University. Greg is a volunteer member of Seattle Mountain Rescue and a member of Crystal Mountain Ski Patrol. Chief Gordie Olson – Lead Consultant Gordie brings over 40 Years of professional fire service experience including almost three decades with South King Fire in Washington state, and recently retired after 8 years as Fire Chief for the City of Thornton Fire Department in Colorado. Gordie holds a Bachelor’s Degree in Public Administration and a Master’s Degree in Executive Fire Service Leadership. He is a graduate of the National Fire Academy’s Executive Fire Officer Program (EFO) and of the Harvard University Kennedy School: Senior Executives in Local and State Government program. He was active with the IAFC Executive Fire Officer Section, chaired the Washington Fire Chiefs Fire Officers Section, and taught visioning at the IAFC Fire Rescue International Conference. He has extensive experience in labor/management relations, fire and tiered based EMS systems, accreditation, succession planning, and strategic planning. Kate Hansen – Recruitment Manager Kate is a certified Project Management Professional (PMP) with a background in business, nonprofit, and fire administration. She has served as a Public Records Officer as well as a political campaign manager, and brings a distinguishing blend of attention to detail, creativity, and critical thinking. Kate holds a B.A. in Theatre from Chapman University.    Sarah Marsh – Content Designer   Sarah brings a background across nonprofit, business, government, and education sectors. She holds an M.B.A in Organizational Behavior & Development from the University of Vermont. She also publishes in the field of American History and is the author of two books honored by the National Council for the Social Studies.   Brenda Gabbitas – Candidate Manager Brenda has over a decade of experience working with many communities around the globe in both public and private sectors. She leans on her experiences to build lasting relationships with everyone she works with while delivering unparalleled levels of service. Brenda holds a Bachelor's of Education in Early Childhood Development from Utah Valley University. Jessica Newman - Candidate Manager Having worked within the U.S. and internationally, Jessica brings a wide cultural perspective and strong communication skills to her work with both clients and associates. While using her background in graphic design and social media marketing to apply skills such as creative thinking, problem solving, and attention to detail across all projects. Jessica has a Bachelor's Degree in Linguistics from Bringham Young University. COML Council Packet 8-13-24, Page 179 of 333 Fire Chief Recruitment Proposal Page | 4 WORK PLAN & APPROACH GMP Consultants have conducted hundreds of successful executive searches refining our process along the way. We provide the workplan, but you are in charge, we customize every recruitment to meet your needs. We partner with you with the goal of finding a highly qualified candidate who is the perfect "fit" for your organization. INFORMATION GATHERING & RECRUITMENT PROFILE DEVELOPMENT Review and Finalize Search Process and Schedule We meet with the Board of Directors and the selection Committee to review: • Review and modify as needed the project scope of work and process • Establish a project schedule • Identify the geographic scope of the recruitment • Review the compensation package • Identify key stakeholders • Review and discuss any additional issues as needed Profile Research and Stakeholder meetings Our goal is to thoroughly understand your Department, current challenges, preferred qualifications as well as the timeline for this recruitment. We would like to come in person to tour the Department and ask to meet with: • Interim City Manager Members • City leadership Team • Department Leadership Team • Union Leadership • As Many Shift Members as Possible • Surrounding Fire Service Partners • Other Stakeholders • Review All Relevant Documents Develop, Review, and Approve a Detailed Recruitment Profile We create a tailored fire chief recruitment profile highlighting the strengths of your job opportunity. If requested, we will assist in reviewing the position compensation and will make recommendations that are consistent with comparable agencies and the market. Examples of prior fire chief recruitment profiles are included in this proposal and typically feature the following: • Why Apply? • Quality of Life Opportunities • The City • The Department • Fire Chief Position • The Ideal Candidate Traits • Challenges & Opportunities • Compensation & Benefits • Your social media (if applicable) STRATEGIC MARKETING Our goal is to not only reach candidates who are actively looking for a new job but those Fire Chiefs who are happy in their current assignment but who could be intrigued and interested in your opening. We research and develop a personalized national advertising strategy designed to reach all potential qualified candidates. The Advertising Strategy is comprised of four components: • Targeted National Advertisement • Mailed “Invitation to Apply” Flyers • Email Outreach • Personal Calls by Lead Consultants COML Council Packet 8-13-24, Page 180 of 333 Fire Chief Search Proposal Page | 5 Targeted Advertisement - We develop and place custom national advertising highlighting your City and the Fire Chief opening in websites, job boards, and periodicals including: • International Fire Chiefs Association • Western Fire Chiefs Association • The Daily dispatch • The Washinton Daily dispatch • Oregon Fire Chiefs Association • Washington State Fire Chiefs Association • Washington Fire Commissioners Association • California Fire Chiefs Association • Washington Association of Cities • Oregon League of Cites • Careers in Government • GMP Website Job Board • GMP LinkedIn Page Invitation to Apply Letter & Customized Candidate Database – We create a customized Invitation to Apply Flyer (examples are included) and then develop a database of potential fire chiefs candidates. We will mail approximately 900 to 1000 Invitation to Apply flyers to fire chiefs in cities, fire districts and fire authorities in departments of comparable size in the 20 western states. Email Outreach – We will send email announcements to our database of 1,500 fire chief emails. Personal Calls by our Lead Consultants – We will reach out to potential candidates who might be a good fit or who are looking for their next challenge. We will also reach out to our personal knowledge of fire chiefs to make them aware of your opportunity. CANDIDATE SCREENING Candidate Application Materials • Application - Candidates are asked to submit a cover letter, application, resume and answers to supplemental questions (designed to measure writing and thinking skills) and five professional references of peer, subordinates and supervisors • Board & Selection Committee Communication - We provide the Board with a summary of the advertising strategy, the number of applications and the number of candidates selected for a preliminary interview • Board Review of Applications – Occasionally some Agencies wish to review all the application materials prior to the selection of candidates for a preliminary interview. We are happy to facilitate this process if asked, but have found that many Boards appreciate not having to review applications of not qualified applicants and trust in our selection of the most promising applications including several that might be considered to have questionable qualifications in an effort to be thorough Preliminary Candidate Interviews – Once a candidate has indicated an interest in the position, we review all candidate application materials and: • Most Promising Candidates - Identify the most promising candidates for a preliminary interview • Internet Review - Conduct an in-depth internet inquiry on each candidate to identify any concerning issues to be reviewed with the candidate • Preliminary Interview – Your lead consultant conducts a preliminary interview with the most promising candidates (we can record these for Selection Committee’s review if asked) • Written Summary - Provide a written summary of our observations of the candidates strength, weakness and potential fit with the City and Department • Recommendations - Provide our recommendations on each candidate for consideration COML Council Packet 8-13-24, Page 181 of 333 Fire Chief Search Proposal Page | 6 Work Session - We meet with you to review the results of the preliminary interviews. Our goal is to provide as much information on each of the most promising candidates providing the Committee with the needed data to make quality decisions on each applicant • Information Provided Prior - Prior to the meeting we provide with sufficient time to review:  Each of the interviewed applicant’s cover letter, resume, essay questions  The consultant preliminary interview notes  The results of the internet search  A candidate summary sheet with the consultant’s recommendations  A complete file of remaining candidates’ application materials if requested • Candidate Review - We review and discuss each candidate’s application materials and interview results with you • Finalist Candidate Selection - The City selects those candidates to move forward for a final interview. • Final Interview Design - We help you decide on the structure of the interviews, including the panel participants and facilitators, our goal is to tailor the process to fit your needs • Coordinating Candidate Travel - We identify which candidate travel expenses your organization wishes to cover • Interview Questions - Identify any potential interview topic areas of interest to the Committee from which we can develop potential interview questions FINAL INTERVIEWS Prior to the final Interviews we will: • Conduct References - We conduct professional reference checks on each candidate, requesting the names of supervisors, subordinates, and peers • Conduct Background Checks - Background checks include Education Verification, Criminal History, Driving Record, and Sex Offender Check • Facilitate Candidate Travel – Based on your guidance we coordinate the most cost-effective travel arrangements • Develop a Master Interview Schedule – We work with you to identify interview venues and then develop a master interview schedule • Develop Draft Interview Questions – Provide draft interview questions for review and for each advisory panel (if used) • Provide Final Interview Materials – We will provide all final interview materials for each candidate in a file for printing by the City as well as the Master schedule • Coordinate Final Interviews – We will work with the City and a Department member to coordinate all of the details of conducting the final interviews Final Interviews • Facilitate the Final Interviews - We are on site to facilitate the final interview process • Facilitate Panel Debrief - Atter interviews are complete we facilitate a debrief with all advisory panels on each candidate’s strengths and areas needing support as information for the decision maker • Candidate Evaluation - We facilitate the Interim City Manager’s evaluation of the candidates and potential consensus on a preferred candidate including any additional candidate referencing or research Candidate Selection & Appointment - Once a preferred candidate has been identified: • We facilitate and identify potential contract elements • We assist with the job offer and contract negotiations leading to an employment agreement • Notify all of the unsuccessful finalists • Celebrate the Selection of the new Fire Chief! COML Council Packet 8-13-24, Page 182 of 333 Fire Chief Search Proposal Page | 7 PROFESSIONAL REFERENCES City of Kalispell, MT Doug Russell, City Manager citymanager@kalispell.com 406 758 7703 Fire Chief Recruitment Central Whidbey Island Fire & Rescue Steve Hutchinson, Commissioner SHutchinson@cwfire.org 360 914 7377 Fire Chief Recruitment (recently completed) Fire Chief Recruitment (2012) Gig Harbor Fire & Medic One Dennis Doan, Fire Chief ddoan@gigharborfire.org 253 851 3111 Fire Chief Recruitment City of Olympia Jay Burney, City Manager jburney@ci.olympia.wa.us 360 753 8447 Fire Chief Recruitment Public Works Recruitment Human Resource Recruitment (in process) RECRUITMENT SCHEDULE EXAMPLE Recruitments take approximately 90 days to complete. Kickoff Meeting Week 1 City & GMP: Meet to discuss timeline & search process Profile Development Week 1-2 GMP: Meet with key stakeholders & create position profile Advertising Weeks 3 - 7 GMP: Post online ads; send direct mailing First Review Week 8 -9 GMP: Conduct preliminary interviews with most promising candidates Work Session Week 10 City & GMP: Meet to review semifinalists and choose finalist candidates Final Interview Preparation Week 11-12 GMP: Conduct background & reference checks, complete final Interviews schedule, coordinate travel with candidates Final Interviews Week 12 City: Hosts finalist interviews City: Makes hiring selection COML Council Packet 8-13-24, Page 183 of 333 Fire Chief Search Proposal Page | 8 PROFESSIONAL FEES The fee for conducting a Fire Chief search is $16,500. Professional fees cover all consultant and staff time required to conduct the recruitment. Expenses are additional. Professional fees are billed in three equal installments: at the beginning, halfway, and upon completion of the final interviews. The City will be responsible for reimbursing expenses incurred on the City’s behalf. All expenses are submitted at actual cost with no mark up. Expenses include: • Websites, job boards and other advertising (approx. $1,800 - 2,200) • Direct mail announcements (approx. $1,700 - 2,000) • Consultant travel: Mileage at IRS rate and $75 per hour • Background checks (approx. $225 per candidate) The City has the right to cancel the search at any time, the only responsibility would be the fees and expenses incurred prior to cancellation. Any additional work requested beyond services provide in the scope of work is billed at $170 per hour. GUARANTEE & WARRANTY If a candidate is not selected, we will repeat the recruitment for the cost of expenses as needed until a candidate is selected. Should the selected candidate leave the employment of the City within the first 18 months of appointment, we will conduct an additional recruitment for the cost of expenses only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. COML Council Packet 8-13-24, Page 184 of 333 Fire Chief Search Proposal Page | 9 FIRE CHIEF SEARCHES CONDUCTED AND MANAGED BY GMP CONSULTANTS Below are recruitments that Greg Prothman has personally conducted or has managed City of Olympia, WA Fire Chief (just completed) Redmond Fire District, OR Fire Chief (just completed) City of Lincoln, NE Fire Chief (2) Fire Marshal Loveland Fire Rescue Authority, CO Fire Chief Port of Seattle, WA Fire Chief Spokane Valley Fire, WA Fire Chief Deputy Fire Chief Campbell County Fire Dept, WY Fire Chief Kootenai County Fire & Rescue, ID Fire Chief Yakima County Fire District #4 (East Valley Fire Department), WA Fire Chief (2) Woodinville Fire & Rescue, WA Fire Chief Vashon Island Fire, WA Assistant Fire Chief Fire Chief (2) Wood River Fire & Rescue, ID Fire Chief Woodburn Fire District, OR Fire Chief City of Kalispell, MT Fire Chief City of Kirkland, WA Director of Fire & Building Services City of Lynnwood, WA Assistant Fire Chief - Operations Lacey Fire District 3, WA Fire Chief City of Snoqualmie, WA Fire Chief City of Seattle, WA Fire Chief Brighton Fire Rescue District, CO Fire Chief Snohomish County Fire District 1, WA Fire Chief (2) Central Valley Fire District, MT Fire Chief (2) Key Peninsula Fire Dept, WA Fire Chief Central Whidbey Island Fire & Rescue, WA Fire Chief (2-recently completed) San Juan Island Fire, WA Fire Chief Mountain View Rescue, WA Deputy Fire Chief Lopez Island Fire, WA Fire Chief Maple Valley Fire & Life Safety, WA Fire Chief Marysville Fire District, WA Fire Chief King County Fire Dist. 27, WA Fire Chief Lake Stevens Fire, WA Fire Chief Lebanon Fire District, OR Division Chief of Training Fire Chief Columbia River Fire, OR Fire Chief Cowlitz County Fire #5, WA Deputy Fire Chief Duvall-King County Fire District 45, WA Deputy Chief (2) City of Bothell, WA Fire Chief Puget Sound Regional Fire Authority, WA Fire Chief Arvada Fire Protection District, CO Fire Chief East Jefferson Fire Rescue, WA Fire Chief East Olympia Fire #6, WA Fire Chief East Pierce Fire & Rescue, WA Fire Chief Enumclaw Fire, WA Deputy Fire Chief Front Range Fire Rescue, CO Fire Chief Gig Harbor Fire and Medic One, WA Fire Chief Grant County Fire District No. 8, WA Fire Chief City of Tukwila, WA Fire Chief Benton County Fire #4, WA Fire Chief Camano Island Fire & Rescue, WA Fire Chief Canby Fire District 62, OR Fire Chief City of Arlington, WA Fire Chief (2) City of Bremerton, WA Fire Chief City of Burlington, WA Fire Chief City of Enumclaw, WA Fire Chief Deputy Fire Chief City of Gladstone, OR Fire Chief City of Mills, WY Assistant Fire Chief City of Woodland, WA Fire Chief WORK SAMPLES: POSITION PROFILE AND INVITATION TO APPLY LETTER (Attached). Additional samples available at gmphr.com. Copyright © 2023 by GMP Consultants, . All rights reserved. COML Council Packet 8-13-24, Page 185 of 333 FIRE CHIEF C I T Y O F O L Y M P I A , W A The Olympia Fire Department is a premier fire department protecting the City of Olympia and the Washington State Capital. The next Fire Chief will join a proud organization that is dynamic, effective, and upbeat. The City is looking for an experienced leader who can modernize the department while building upon the department’s rich history. The new Fire Chief will have the opportunity to develop a vision and strategic plan for the department’s future. If you are a collaborative and visionary leader with the ability to deliver outcomes for the community, this is an excellent opportunity you will want to pursue. Why Apply? COML Council Packet 8-13-24, Page 186 of 333 POSITION | City of XXXXX 2 As the capital city of Washington State, Olympia offers a unique energy, accessibility, and opportunity that few other communities can provide. The city’s outstanding quality of life, low crime rate, unique housing inventory, and family- friendly amenities attract an active and engaged population of 55,605. Situated on the southern end of Puget Sound, Olympia boasts an unparalleled natural environment within an urban setting. The community is walkable and pedestrian friendly with well-established bike and hiking trails, close to 1,500 acres of public park lands, miles of public freshwater and saltwater shorelines, and stunning views of Mt. Rainier and the Olympic Mountain Range. Olympia’s vibrant and historic downtown serves as the entertainment, arts, and cultural hub for Thurston County and beyond. Spanning just .5 square miles, Olympia's downtown includes over 450 independently owned businesses and over 1,900 residents. The Creative District is a 30-block area that is home to over 150 creative enterprises such as theaters, galleries, breweries, and industrial designers. The Farmers Market, State Capitol Campus, Hands on Children’s Museum and 8 public parks are the main attractions for both Olympians and tourists. Percival Landing—one of Olympia's three waterfront parks— lies in the heart of downtown. With a mile-long boardwalk, the Landing is a hub for boaters, pedestrians, summer festivals, and the farmers market. Nearby Capitol Lake provides a popular 1.7 mile loop for walking, running, or birdwatching. Olympia’s ideal location along the I-5 corridor puts residents within reach of Seattle, Portland, British Columbia, the waters of Puget Sound and the Pacific Ocean, and the Olympic and Cascade Mountain Ranges. Seattle-Tacoma International Airport serves the region and is 45 miles to the north. Welcome to OLYMPIA CITY OF MOUNTLAKE TERRACE, WA2POSITION | Organization 1POSITION | City of XXXXX 2CITY OF MOUNTLAKE TERRACE, WA2FIRE CHIEF | City of Olympia, WA 1 COML Council Packet 8-13-24, Page 187 of 333 2 Incorporated in 1859, the City of Olympia operates under a Council-Manager form of government. The seven members on Olympia's City Council are elected at-large to staggered four- year terms. Position 1 is designated as the Mayor's position. The Mayor and Councilmembers have equal voting authority, with the Mayor voting on all issues as one of seven Councilmembers. THE CITY OF OLYMPIA THE OLYMPIA FIRE DEPARTMENT The Olympia Fire Department (OFD) has a proud history dating back to its first firefighting brigade in the early 1850’s. The first fire engine company in Washington Territory was formed in Olympia in 1865. Today, OFD is an all-hazards department employing 126 full-time career staff from four stations, a fire training facility, and a vehicle repair facility. The City of Olympia enjoys a Class 2 Fire Protection (insurance) rating as evaluated by the Washington Survey and Rating Bureau. The Department deploys four engines, one ladder truck, two medic units and a battalion unit. The engines and truck are staffed with two firefighters and an officer, while the medic units are staffed with two firefighter/paramedics. At minimum staffing, there is a full complement of 20 members on duty. OFD serves a population of 55,605 across approximately 25 square miles and responded to 15,555 calls for service in 2022. The OFD workforce is a group of hardworking and dedicated professionals who ascribe to a service-first approach. The group is passionate about public service, creative and resilient in overcoming problems, and strives to maintain a supportive family culture in the work environment. FIRE CHIEF | City of Olympia, WA The City operates with an annual budget of $185 million and a team of approximately 670 FTEs. Olympia provides a full range of municipal services including public safety (police, fire, and court), streets, parks and recreation, arts, utilities, community planning and development, zoning, and general administrative services. City Manager Jay Burney is committed to a “First Team" culture, one that has been adopted and embraced throughout the organization. The organizational culture places a high value on teamwork, listening, accountability, and meaningful impact in serving the public. FULL-TIME EMPLOYEES 670 2023 BUDGET $185 million AREA 25 square miles POPULATION 55,605 COML Council Packet 8-13-24, Page 188 of 333 3 View job description hereTHE FIRE CHIEF FIRE CHIEF | City of Olympia, WA The City of Olympia is proud of its history and excited for the new Fire Chief to help the City and Department create the vision and strategic plan for the future. Olympia has been a leader in the delivery of fire and emergency medical services and intends to lead into the future in the midst of a rapidly changing set of demands and opportunities. This is a key leadership position reporting directly to the City Manager and is responsible for serving the public safety needs of a growing, diverse community. THE IDEAL CANDIDATE: A courageous and credible leader who is deeply committed to the success of the City and develops unity by bringing unions, management, and other City departments together by focusing on their common vision, mission, and service. Works as a team member of the City, developing trust and strong relationships to collaboratively solve Citywide problems. Active, involved, and highly visible with a proven reputation for being accessible, communicative, honest, and transparent. Effectively delegates by communicating a clear vision and expectations with accountability. Is careful to empower individuals and not micromanage. An innovative and strategic big-picture thinker who identifies, develops, and implements solutions to community challenges. Works effectively with labor organizations to collaboratively move the organization into the future. Develops a vision for the organization and forecasts the future needs of the Department based upon the City’s planned development, population growth, and emergency data analysis. Makes ethical, value-based, and data-supported decisions for the benefit of the Department and the community. Develops and maintains constructive relationships with external agencies. Works with community leaders and citizens to answer questions, understand concerns, and develop solutions. Strongly advocates for the countywide emergency medical system’s future and necessary resources. Understands and communicates the Department’s financial status, and can project and plan to address future needs. Is an advocate for the Department’s mission, vision, and values and will communicate and exemplify them in practical day-to-day applications. COML Council Packet 8-13-24, Page 189 of 333 4FIRE CHIEF | City of Olympia, WA EDUCATION & EXPERIENCE A bachelor’s degree in Fire Protection Engineering, Public Administration, or closely related field; and a minimum of three years progressively responsible administrative experience in the fire service. Or any equivalent combination of education and executive experience that provides the applicant with the knowledge, skills, and abilities necessary to successfully perform the job. OPPORTUNITIES & CHALLENGES 1) Strategic Plan - The Department has effectively utilized strategic planning to identify its future direction. The current strategic plan is expiring, and a fresh and innovative approach is needed. 2) Resource and Staffing Needs - The Department’s call volume continues to grow. The new Chief will need to quantify the type and severity of call demand, where calls are occurring, and determine what resources are necessary to meet the current and future demand based upon modern and creative approaches. Specific topics for evaluation include service to Olympia’s unhoused residents and elder care facilities, aid unit deployment, and optimization of the CARES program. 3) Long-term Finance and Asset Management Plan A strategic financial plan is needed to identify the future operational and capital assets necessary to sustain—and possibly improve—service levels for the citizens as well as the City's financial predictability. 4) Labor Management Relationship - Enhancing a trusting and constructive relationship with labor is essential to the success of the organization. The new Chief must be willing to listen and understand through consistent interactions that are both formal and informal. 5) Employee Engagement - The new Chief will need to listen to and address employee perspectives, demonstrate genuine care and concern, and build morale after the intensity of the COVID- 19 pandemic. This will include an evaluation of the impact of mandatory overtime as well as behavioral health, safety, and training programs. COML Council Packet 8-13-24, Page 190 of 333 TO APPLY Apply Online: gmphr.com First Review: September 17, 2023 More Info: Dan Olson, GMP Consultants dan@gmphr.com / (360) 600-9768 COMPENSATION & BENEFITS The annual salary for this position is $205,000. The City offers a competitive benefit package including health, vision and dental insurance, as well as vacation and sick leave. The City participates in the State of Washington Public Employees Retirement System (PERS). RESOURCES 2022 Fire Department Annual Report 2021 City Annual Report City Work Plan City Comprehensive Plan Experience Olympia COML Council Packet 8-13-24, Page 191 of 333 Welcome to WHATCOM COUNTY This is an opportunity to lead a well- established Fire District deeply rooted in the City of Ferndale and its surrounding community. Whatcom County Fire District 7 is a combination department with a long tradition of family and community involvement. Most career personnel started with the department in volunteer and intern roles. With only six fire chiefs in their history, the District is looking for a strong working Fire Chief who is family- oriented and progressive and will take them to the next level in fire and EMS service delivery. The department maintains a strong regional presence in both the county and county-wide EMS system with the staffing and deployment of a paramedic ambulance as part of the Whatcom County Medic One system. WHY APPLY?Dear Colleague, GMP Consultants is assisting Whatcom County Fire District 7 in Ferndale, WA in finding a Fire Chief. Perhaps this is the right time in your career to consider this exciting opportunity. If not, would you please pass this on to others who may be interested? Thank you for your consideration and assistance. Gordie Olson, GMP Consultants golson@gmphr.com / (720) 518-7420 gmphr.com Greg M. Prothman, President greg@gmphr.com / 206-714-9499 COML Council Packet 8-13-24, Page 192 of 333 COMMUNITY DEVELOPMENT DIRECTOR | City of Moab, UT 2 THE IDEAL CANDIDATE WHATCOM COUNTY FIRE DISTRICT 7 Whatcom County Fire District No. 7 is a combination department with 56 career employees and 48 volunteer firefighters/interns, tender/support members, and cadets. Located 15 minutes north of Bellingham, WA, the District serves a population of 28,000 across 72 square miles in and around the City of Ferndale as well as the Cherry Point Industrial area of Whatcom County. The District operates out of 6 fire stations with 29 pieces of apparatus. The District has career 24-hour staffing at four of these stations, supplemented by the dedicated volunteers who are assigned to five stations. The District provides fire suppression services, hazardous materials response, as well as both Basic Life Support and Advanced Life Support units. The District provides one Paramedic unit and one Paramedic Supervisor unit to the Whatcom Medic One system. In 2023, the District answered 5,666 calls for service. LEARNMORE Visit: gmphr.com Salary Range: $169,304- $176,076 annually DOQ First Review Date: August 26, 2024 More Information: Gordie Olson, GMP Consultants golson@gmphr.com / (720) 518-7420 A progressive thinker who is financially astute and has the vision to take the department to the next level. Will lead from the top and will lead by example. A good communicator who is responsive and transparent to the Board, the community, administrative staff, and line firefighters; and who actively listens and follows up to resolve issues fairly. Is willing and able to coach, mentor, and teach. A strong, consistent leader who inspires employees to service, volunteerism, and personal and professional growth. Is accountable to self and others and explains the “why” in decision-making. Recognizes employees as the most important resource; manages all employees with empathy and understanding; and has the tenacity to go to bat for the employees when it’s the right thing to do. Sets expectations, is willing to raise the bar, then walks the talk. Has exceptional situational awareness, pays attention, remains calm under pressure, and will make the best decision quickly. Is present, visible in the field, and will stay connected with the employees. Strong with all stakeholder relationships— community, Board, Labor, and neighboring regional partners. View full position profile at gmphr.com FIRE CHIEFWhatcom County Fire District 7 COML Council Packet 8-13-24, Page 193 of 333 ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com August 7, 2024 Mr. Mike Jackson Interim City Manager City of Moses Lake 401 S Balsom Moses Lake, WA 98837 Dear Mr. Jackson, Thank you for your confidence in GMP Consulting to assist in the recruitment of the City’s next city manager. The following represents a scope of work for these services and the associated professional fee and expenses. PROJECT WORK PLAN Phase One – Information Gathering, Profile Development & Position Announcement Task 1 – Review and Finalize Search Process and Schedule Task 2 – Key Stakeholder Meetings and Staff Provided Information Request Task 3 – Develop Candidate Profile Task 4 – Develop Invitation to Apply Phase Two – Strategic Marketing Campaign Task 1 – Place Advertisements in Appropriate Professional Online Publications Task 2 – Development of a Database of Potential Candidates Task 3 – Identify and Contact Potential Candidates Phase Three – Candidate Screening and Shortlist Presentation Task 1 – Collect & Review Candidate Application Materials Task 2 – Conduct an Internet Publication Search on Semifinalist Candidates Task 3 – Conduct Semi Finalist Screening Interviews Task 4 – Provide Semi Finalist Packets with Consultant Interview Notes to the City Task 5 – Meet with the City to Review Semi Finalist Candidates and Select Finalist Candidates Task 6 – Assist in the Design of Finalist Interviews Phase Four – Final Interviews Task 1 – Develop an Interview Schedule for Final Interviews Task 2 – Conduct Professional References & Background Check on All Finalist Candidates Task 3 – Work with City to Develop Interview Questions for Each Panel Task 4 – Provide the City with Finalist Candidate’s Application Materials Task 5 – Coordinate Candidate Travel Task 6 – Facilitate Final interviews Task 7 – Assist in Facilitating Final Offer and Acceptance COML Council Packet 8-13-24, Page 194 of 333 Page | 2 PROFESSIONAL FEE The fee to complete the Fire Chief recruitment is $19,500. This includes all professional fees to conduct the search. Expenses are additional. Professional fees are billed in three equal installments throughout the recruitment, at the beginning, halfway, and upon completion of the final interviews. Expenses include: • Websites, job boards and other advertising ($1,400 - 1,900 est.) • Direct mail announcements ($1,500 - 1,900 est.) • Consultant travel: Mileage at IRS rate, travel time at $85 per hour • Background checks (approx. $225 per candidate) Other Expenses: Candidates' travel expenses would be reimbursed to the candidates by the City directly. The City has the right to cancel the search at any time, the only responsibility would be the fees and expenses incurred prior to cancellation. GUARANTEE & WARRANTY Should the selected candidate leave the employ of the City within the first 18 months of appointment, we will, conduct one additional recruitment for the cost of expenses and announcements only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. Accepted by: CITY OF MOSES LAKE GMP CONSULTANTS 7/29/2024 Mike Jackson Date Greg Prothman Date Interim City Manager President COML Council Packet 8-13-24, Page 195 of 333 ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com July 29, 2024 Mr. Mike Jackson Interim City Manager City of Moses Lake 401 S Balsom Moses Lake, WA 98837 Dear Mr. Jackson, Thank you for your confidence in GMP Consulting to assist in the recruitment of the City’s next Fire Chief. The following represents a scope of work for these services and the associated professional fee and expenses. PROJECT WORK PLAN Phase One – Information Gathering, Profile Development & Position Announcement Task 1 – Review and Finalize Search Process and Schedule Task 2 – Key Stakeholder Meetings and Staff Provided Information Request Task 3 – Develop Candidate Profile Task 4 – Develop Invitation to Apply Phase Two – Strategic Marketing Campaign Task 1 – Place Advertisements in Appropriate Professional Online Publications Task 2 – Development of a Database of Potential Candidates Task 3 – Identify and Contact Potential Candidates Phase Three – Candidate Screening and Shortlist Presentation Task 1 – Collect & Review Candidate Application Materials Task 2 – Conduct an Internet Publication Search on Semifinalist Candidates Task 3 – Conduct Semi Finalist Screening Interviews Task 4 – Provide Semi Finalist Packets with Consultant Interview Notes to the City Task 5 – Meet with the City to Review Semi Finalist Candidates and Select Finalist Candidates Task 6 – Assist in the Design of Finalist Interviews Phase Four – Final Interviews Task 1 – Develop an Interview Schedule for Final Interviews Task 2 – Conduct Professional References & Background Check on All Finalist Candidates Task 3 – Work with City to Develop Interview Questions for Each Panel Task 4 – Provide the City with Finalist Candidate’s Application Materials Task 5 – Coordinate Candidate Travel Task 6 – Facilitate Final interviews Task 7 – Assist in Facilitating Final Offer and Acceptance COML Council Packet 8-13-24, Page 196 of 333 Page | 2 PROFESSIONAL FEE The fee to complete the Fire Chief recruitment is $16,500. This includes all professional fees to conduct the search. Expenses are additional. Professional fees are billed in three equal installments throughout the recruitment, at the beginning, halfway, and upon completion of the final interviews. Expenses include: • Websites, job boards and other advertising ($1,800 - 2,200 est.) • Direct mail announcements ($1,700 - 2,000 est.) • Consultant travel: Mileage at IRS rate, travel time at $75 per hour • Background checks (approx. $225 per candidate) Other Expenses: Candidates' travel expenses would be reimbursed to the candidates by the City directly. The City has the right to cancel the search at any time, the only responsibility would be the fees and expenses incurred prior to cancellation. GUARANTEE & WARRANTY Should the selected candidate leave the employ of the City within the first 18 months of appointment, we will, conduct one additional recruitment for the cost of expenses and announcements only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. Accepted by: CITY OF MOSES LAKE GMP CONSULTANTS 7/29/2024 Mike Jackson Date Greg Prothman Date Interim City Manager President COML Council Packet 8-13-24, Page 197 of 333 ____________________________________________________ 206 714 9499 • 7041 Cascade Ave SE Snoqualmie, WA 98065 • greg@gmphr.com July 29, 2024 Mr. Mike Jackson Interim City Manager City of Moses Lake 401 S Balsom Moses Lake, WA 98837 Dear Mr. Jackson, Thank you for your confidence in GMP Consulting to assist in the recruitment of the City’s next Fire Chief. The following represents a scope of work for these services and the associated professional fee and expenses. PROJECT WORK PLAN Phase One – Information Gathering, Profile Development & Position Announcement Task 1 – Review and Finalize Search Process and Schedule Task 2 – Key Stakeholder Meetings and Staff Provided Information Request Task 3 – Develop Candidate Profile Task 4 – Develop Invitation to Apply Phase Two – Strategic Marketing Campaign Task 1 – Place Advertisements in Appropriate Professional Online Publications Task 2 – Development of a Database of Potential Candidates Task 3 – Identify and Contact Potential Candidates Phase Three – Candidate Screening and Shortlist Presentation Task 1 – Collect & Review Candidate Application Materials Task 2 – Conduct an Internet Publication Search on Semifinalist Candidates Task 3 – Conduct Semi Finalist Screening Interviews Task 4 – Provide Semi Finalist Packets with Consultant Interview Notes to the City Task 5 – Meet with the City to Review Semi Finalist Candidates and Select Finalist Candidates Task 6 – Assist in the Design of Finalist Interviews Phase Four – Final Interviews Task 1 – Develop an Interview Schedule for Final Interviews Task 2 – Conduct Professional References & Background Check on All Finalist Candidates Task 3 – Work with City to Develop Interview Questions for Each Panel Task 4 – Provide the City with Finalist Candidate’s Application Materials Task 5 – Coordinate Candidate Travel Task 6 – Facilitate Final interviews Task 7 – Assist in Facilitating Final Offer and Acceptance COML Council Packet 8-13-24, Page 198 of 333 Page | 2 PROFESSIONAL FEE The fee to complete the Fire Chief recruitment is $16,500. This includes all professional fees to conduct the search. Expenses are additional. Professional fees are billed in three equal installments throughout the recruitment, at the beginning, halfway, and upon completion of the final interviews. Expenses include: • Websites, job boards and other advertising ($1,800 - 2,200 est.) • Direct mail announcements ($1,700 - 2,000 est.) • Consultant travel: Mileage at IRS rate, travel time at $75 per hour • Background checks (approx. $225 per candidate) Other Expenses: Candidates' travel expenses would be reimbursed to the candidates by the City directly. The City has the right to cancel the search at any time, the only responsibility would be the fees and expenses incurred prior to cancellation. GUARANTEE & WARRANTY Should the selected candidate leave the employ of the City within the first 18 months of appointment, we will, conduct one additional recruitment for the cost of expenses and announcements only, if requested to do so within six months of the employee’s departure. If the major elements of the process are followed and a candidate is not chosen, we will repeat the recruitment once with no additional professional fee, the only cost to you would be the expenses. Accepted by: CITY OF MOSES LAKE GMP CONSULTANTS 7/29/2024 Mike Jackson Date Greg Prothman Date Interim City Manager President COML Council Packet 8-13-24, Page 199 of 333 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: Mike Jackson, Interim City Manager 18823 Brian Baltzell, Public Works Director Public Works 8/13/2024 New Business Call in Covenants as to Improvements on Luta & Virginia Street - GC2024-212 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Action Requested Staff recommends City Council adopt the resolution as presented. Packet Attachments (if any) DRAFTCovenantResolution.docx Res Attach A 2024-08-02_LutaVirgCovList.pdf Res Attach B 2024-08-02_CovMap 2024-08-02_CombinedCovs.pdf COML Council Packet 8-13-24, Page 200 of 333 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: As part of the City's gravel road paving efforts, Luta and Virginia Streets are slated to have construction begin in early September 2024. The improvements planned will build the street to City standards and will include the addition of utility stubs to properties that are not currently connected to City services. During initial project design, it was determined that 11 properties with covenants on file with Grant County will be benefitting from the improvements (map attached). City staff have utilized the project costs from the awarded bid and parcel front foot to determine the estimated amounts due for reimbursement from the property owners. A detailed list of the parcels and their estimated costs are attached. City staff sent letters to the affected property owners via certified mail on August 1st, 2024, providing notification that council would consider calling the covenants at this meeting. The letters included the estimated front foot costs, the estimated amount due by the property owner, and a copy of the covenant on file with Grant County. Historically, City Council has authorized the Finance Department to present the option of a payment plan to the property owners. Staff are requesting the ability of offer payment plans with terms of up to 10 years at a fixed interest rate of the Prime Interest Rate plus 2% to be paid annually, monthly, or quarterly. The prime interest rate used will be the rate on the day the property owner executes the payment plan contract with the City. Calling in the covenants will reimburse the city an estimated amount of $208,448.86 for the improvements to Luta St and Virginia St. Failing to call in the covenants will result in no reimbursement of costs towards this project. Staff are requesting to offer payment plans as outlined in the background section of this report. Options and Results Staff will notify the property owners as to the action and timing of payment. Staff will bring back options for recommended changes. The City will not receive reimbursement for work done along the properties with covenants. COML Council Packet 8-13-24, Page 201 of 333 RESOLUTION 3989 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, CALLING OF COVENANTS AS TO IMPROVEMENT FOR THE LUTA & VIRGINIA STREET CONSTRUCTION PROJECT Recitals: 1. On August 13, 2024, staff presented to Council a list of property owners along Luta St. and Virginia St. with covenants as to improvements for the construction of street, water, and/or sewer improvements. 2. Staff notified property owners with covenants on their parcel via certified mail that Council would consider calling in the Covenants at the August 13, 2024, City Council Meeting. Resolved: 1. The City Council is invoking the Covenant Terms as listed in Section 3 of the Covenant as to Improvements filed in the Records of Grant County. 2. The parcels affected are listed in Attachment A to this resolution. 3. The Covenants as to Improvements being called are included in Attachment B to this resolution. ADOPTED by the City Council on August 13, 2024. ________________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 8-13-24, Page 202 of 333 COML Council Packet 8-13-24, Page 203 of 333 COML Council Packet 8-13-24, Page 204 of 333 COML Council Packet 8-13-24, Page 205 of 333 COML Council Packet 8-13-24, Page 206 of 333 COML Council Packet 8-13-24, Page 207 of 333 COML Council Packet 8-13-24, Page 208 of 333 COML Council Packet 8-13-24, Page 209 of 333 COML Council Packet 8-13-24, Page 210 of 333 COML Council Packet 8-13-24, Page 211 of 333 COML Council Packet 8-13-24, Page 212 of 333 COML Council Packet 8-13-24, Page 213 of 333 COML Council Packet 8-13-24, Page 214 of 333 COML Council Packet 8-13-24, Page 215 of 333 COML Council Packet 8-13-24, Page 216 of 333 COML Council Packet 8-13-24, Page 217 of 333 COML Council Packet 8-13-24, Page 218 of 333 COML Council Packet 8-13-24, Page 219 of 333 COML Council Packet 8-13-24, Page 220 of 333 COML Council Packet 8-13-24, Page 221 of 333 COML Council Packet 8-13-24, Page 222 of 333 COML Council Packet 8-13-24, Page 223 of 333 COML Council Packet 8-13-24, Page 224 of 333 COML Council Packet 8-13-24, Page 225 of 333 COML Council Packet 8-13-24, Page 226 of 333 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 18862 Vivian Ramsey, Interim Director Community Development 8/13/2024 New Business Open Doors Sleep Center Management & Emergency Housing Funds Utilization Contract 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 sign a new contract between HopeSource and the City of Moses Lake to operate the Open Doors Sleep Center (ODSC) through September 2025 with Emergency Housing Funds awarded by Grant County. HopeSource ODSC Contract 2024-2025.docx 156.03KB EXHIBIT A- 5YEAR GRANT COUNTY PLAN TO END HOMELESSNESS.docx 56.77KB EXHIBIT B- EHF 2025 BUDGET.docx 19.54KB Exhibit C- ADMINISTRATIVE POLICY & ODSC RULES.docx 40.92KB EXHIBIT D- CHG Guidelines.pdf 2.59MB COML Council Packet 8-13-24, Page 227 of 333 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: As requested by Council, city staff posted a Request for Proposal (RFP) on May 20, 2024, and accepted applicaons unl June 28, 2024. This RFP was posted via the City's website, Washington Electronic Business Soluons (WEBS), and sent directly to HopeSource and Catholic Charies agencies via email. As of June 28, 2024, the only respondent to the RFP was HopeSource. On Wednesday, July 10, 2024, the Ad Hoc Homeless Commiee met and discussed the submission. The Commiee determined that the following should be added to the contract: 1. A term length to reflect the current funding period. 2. Quarterly progress reporng requirements from HopeSource staff with specific guidelines that include “… but are not limited to; number of bed nights, clients served, maintenance requests, inventory counts, clients referred to services, Homeless Management Informaon System (HMIS) reports, enhanced shelter data, and other reports as requested by the City.” The aached Contract between the City of Moses Lake and HopeSource includes a breakdown of the required Scope of services, alloed budget for HopeSource, administrave requirements, supporng compliance requirements, and the addional language as requested by the Ad hoc commiee. The City has accepted an Emergency Housing Fund grant of $585,000 to connue operang the sleep center through 2025. This funding will be used to cover the costs of this service contract between the City of Moses Lake and HopeSource. Emergency Housing Funds will be used for the service of this contract with no impact on the City’s general fund. Options and Results The Interim City Manager will sign this contract in place with HopeSource. Staff will bring back options for recommended changes. The City may not be able to secure Hopesource as the contracted vendor to manage operational duties of the Sleep Center. COML Council Packet 8-13-24, Page 228 of 333 1 | Page Open Doors Sleep Center Management & Emergency Housing Funds Utilization Contract Table of Contents Page No. Cover Sheet 1 Contract 2-12 Signatures 13 EXHIBIT A- 5YEAR Grant County Plan to end Homelessness 14 EXHIBIT B- EHF Budget 15 EXHIBIT C- Administrative Policy & ODSC Rules 16 EXHIBIT D- CHG Guidelines 17 COML Council Packet 8-13-24, Page 229 of 333 2 | Page GRANT AGREEMENT BETWEEN THE CITY OF MOSES LAKE AND HOPESOURCE FOR SLEEPING CENTER MANAGEMENT & UTILIZATION OF EMERGENCY HOUSING FUNDS THIS AGREEMENT, (herein called the “Grant Agreement”) entered into this ____ day of ______, 2024, by and between the City of Moses Lake (herein called the “City”) and HopeSource (herein called the “Sub- Grantee”) WHEREAS, the City will receive funds through Grant County from the Washington State Department of Commerce’s (“Grantor”) Emergency Housing Funds, contracted through the Consolidated Homeless Fund Grant, to provide operations of an Emergency Shelter and a Sleeping Center for people who are experiencing homelessness; and WHEREAS, the City wishes to engage the Sub-Grantee to assist the City in utilizing such funds to develop the infrastructure to support the needs of the City’s chronically homeless populations. WHERAS, the City entered into a contract with HopeSource with an end date of September 1, 2025 and remaining Grant Funds needed to be re-purposed. NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICES A. Funds will be utilized to carry out the services set forth on the Grant County Plan to End Homelessness, attached as Exhibit A and incorporated herein and as revised or amended, and subject to the budget submitted to Grant County, attached as Exhibit B to this agreement and incorporated herein and as revised or amended and approved by Grant County described below as follows: Administration: Administrative costs that benefit the organization as a whole regarding CHG funded programs, or any other funding in place, with the City of Moses Lake. Security Management: The Sub-Grantee must be in coordination with the security company to administer onsite nightly surveillance, reporting, and all other functions of safekeeping. Shelter Operations: The costs of maintenance, fuel, equipment, food, furnishings, and supplies necessary for the operation of the emergency shelter. This also includes but is not limited to the cleaning of individual units, the office, and bathroom buildings at the Open Doors Sleep Center. Maintanence Requests: Sub-Grantee will keep the structures at the Sleep Center in good repair and operating condition by performing daily janitorial services and notify a City of Moses Lake representative immediately of any needed repairs. COML Council Packet 8-13-24, Page 230 of 333 3 | Page Inventory Logs: The Sub-Grantee will conduct inventory logs of items of value to site every 3 months, in addition to, any new items added to inventory, and when items are removed from inventory. Inventory logs are to be submitted to the City of Moses Lake quarterly. Donation Logs: Upon adoption of a donation policy set by the City of Moses Lake, the Sub- Grantee will adhere to the policies and procedures set forth to administer, update, and retain accurate records of donations. Condition Reports: Per Grant guidelines, Sub-Grantee must conduct condition reports on status of inventory of value of $5000 or more every two years. Reports are to be submitted to the City within the required timeframe. HMIS: When providing direct service, the Sub-Grantee must enter client data into the Homeless Management Information System (HMIS) for all grant funded projects in accordance with the most current HMIS Data Standards and CHG Program HMIS Manual. Outreach: Meets the immediate needs of sleep center clients and/or households experiencing unsheltered homelessness by connecting them with emergency shelter, housing, and/or critical health services. Shelter Case Management: Assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the eligible program participant. This includes, but is not limited to, using Coordinated Entry; conducting the initial evaluation including verifying and documenting eligibility; coordinating services and obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan, including planning a path to permanent housing stability. B. The Sub-Grantee agrees to provide management services of the Sleeping Center operated by the City, following all policies and criteria as designated in the City’s Administrative Policies governing the use of the Sleeping Center, attached as Exhibit C. C. The Sub-Grantee agrees to provide outreach to the City’s chronically homeless population for the purposes of assessing the need for services, including intake in Coordinated Entry, Case Management, Housing Placement as applicable and available, Emergency health services, Emergency mental health services, transportation, services for special populations and Rapid Re-housing and Prevention. D. Sub-Grantee agrees to be subject to the Department of Commerce Grant guidelines incorporated herein by reference as may hereafter be amended. E. Sub-Grantee agrees to manage the Sleeping Center and provide services in accordance with all health and safety guidelines established by the County’s Health Officer and other guidance as offered by the CDC, Department of Commerce and other governmental agencies. F. The Sub-Grantee shall establish and maintain administrative, financial, reporting and record keeping systems consistent with this Grant Agreement and the Department of Commerce requirements. COML Council Packet 8-13-24, Page 231 of 333 4 | Page II. The following reporting/administrative activities are included as part of the Scope of Services: 1. Program Guidelines: The Sub-Grantee must develop and maintain updated program policies and procedures for the funded program/service. Within 30 days of the Sub-Grant award, the Sub-Grantee must submit a copy of the program policies/procedures to the City for review and make revisions as required to align with the Consolidated Homeless Grant guidelines. 2. Progress Reports: The Sub-Grantee shall submit regular progress reports, on a quarterly basis, in the form, content, and frequency as required by the City. Completed reports shall be submitted to the City’s Housing and Grants Manager, and/or presented to city council as requested by the City. Reports must include but are not limited to; number of bed nights, clients served, maintanence requests, inventory counts, clients referred to services, HMIS reports, enhanced shelter data, and other reports as requested by the City. 3. Grantor Meetings: The Sub-Grantee agrees to send at least one agency representative to all mandated Grantor meetings unless specifically exempted. 4. Program Staff Training: Sub-Grantee staff who provide direct program services, supervise direct service staff, or manage homeless grants are required to attend professional development training at least once every three years. III. TIME OF PERFORMANCE Services of the Sub-Grantee shall start as soon as this contract is executed and shall end on September 1, 2025. The term of this Agreement and the provisions herein may be extended at the City’s discretion to cover any additional time period during which grant funds remain unspent, the funded project has not been completed, and/or the minimum level(s) of program services have not been met. IV. BUDGET A. The Sub-Grantee may charge eligible expenses in accordance with Exhibit B. B. Any general administration expenses shall be identified herein, and if any indirect costs are charged, the Sub-Grantee shall submit an indirect cost allocation plan for determining the appropriate Sub-Grantee’s share of administrative costs to the City for prior approval. Administrative expenses shall not exceed the limits imposed by the Department of Commerce. C. Administrative and facility support expenses cannot be billed by equal monthly distributions of the budget amount. These costs must be charged in compliance with the Department of Commerce requirements. D. Any amendments to the budget must be approved in writing by both the City and the Sub- Grantee and may be subject to approval by Grant County. E. In the event funding from state, federal, local, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the City may terminate the Grant Agreement under the “Termination for Convenience” clause, without the ten business day notice requirement. In lieu of termination, the Grant Agreement may be amended to reflect the new funding limitations and conditions. COML Council Packet 8-13-24, Page 232 of 333 5 | Page V. INVOICING & PAYMENT A. It is expressly agreed and understood that the total amount to be paid by the City to Sub- Grantee for eligible and approved expenses under this Agreement shall not exceed $315,000. B. Reimbursement requests for the payment of eligible expenses shall be made against the line- item budgets specified in Section IV herein and in accordance with performance. C. No payments in advance of or in anticipation of goods or services to be provided under this Grant Agreement shall be made by the City. D. The Sub-Grantee shall submit invoices on a monthly basis. Invoices are due on the 15th of the month following the provision of services. Invoices received after the 15th of the month will be held for payment until the City’s next regularly scheduled monthly billing cycle. If the 15th falls on a holiday or weekend, invoices will be due on the next business day. E. Invoices shall be submitted in a form provided by the City and shall include accompanying proof of expenses as documented by an expanded general ledger. F. Payment shall be considered timely if made by the City within thirty (30) calendar days after receipt of properly completed invoices. G. All services provided by the Sub-Grantee pursuant to this Grant Agreement shall be performed to the satisfaction of the City, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The Sub-Grantee shall not receive payment for work found by the City to be unsatisfactory, or performed in violation of federal, state, or local law, ordinance, rule or regulation. Failure of the Sub-Grantee to comply with provisions of this Agreement may result in the withholding of future payments. H. The City reserves the right to withhold funds in an amount to compensate the City for the noncompliance in addition to any other remedies available at law in or in equity. I. The City shall not pay the Sub-Grantee, if the Sub-Grantee has charged or will charge the State of Washington or any other party under any other grant, subgrant/subcontract, or agreement for the same services or expenses. J. The Sub Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. VI. RIGHT OF INSPECTION & PERFORMANCE MONITORING The Sub Grantee shall provide right of access to its facilities to the City, the Washington State Department of Commerce, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The City will monitor the performance of the Sub Grantee against this Agreement and, as applicable, for compliance with the Department of Commerce Grant Guidelines as may hereafter be amended. All Sub Grantee records with respect to any matters covered by this Agreement shall be made available to the City, the State, or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Substandard performance as determined by the City or the State will constitute noncompliance with this Agreement. The consequences of noncompliance are as follows: COML Council Packet 8-13-24, Page 233 of 333 6 | Page A. If the City determines that the Sub Grantee is failing to comply with the Guidelines or Terms and Conditions, the City will notify the Sub Grantee in writing that the Sub Grantee will receive technical assistance and will be required to respond to a correction action plan to address and remedy the noncompliance. B. If the Sub Grantee remains out of compliance after the probationary period, the City may terminate the Grant Agreement per the Termination for Cause clause. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management/Accounting Standards: The Sub Grantee agrees to comply with standard accounting principles and procedures, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Sub Grantee agrees to be subject to periodic agency audits as requested by the City or other governmental agency. B. Insurance: 1. The Sub Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: a. Commercial General Liability Insurance Policy including contractual/grant liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant Agreement activity but no less than $2,000,000 aggregate per occurrence. Note: local Government Sub Grantees that Participate in a Self-Insurance Program - With prior approval from the City, the Sub Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from the City, the Sub Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GMP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3} the Washington State Auditor's annual instructions for financial reporting. Sub Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington or the City of Moses Lake, its agents, and employees need not be named as an additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as an additional insured. b. Automobile Liability: In the event that performance pursuant to this Grant Agreement involves the use of vehicles, owned or operated by the Sub Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 2. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. COML Council Packet 8-13-24, Page 234 of 333 7 | Page 3. Except for sub grantees participating in a self-insurance program, the insurance shall name the State of Washington and the City of Moses Lake, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. 4. The Sub Grantee shall submit to the City within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant Agreement, the Sub Grantee shall submit renewal certificates not less than thirty (30} calendar days prior to expiration of each policy required under this section. 5. The Sub Grantee shall instruct its insurers to give the City thirty {30) calendar days advance notice of any insurance cancellation, non-renewal, or modification. VII. RECORDS MAINTENANCE/STORAGE/RET£NTION AND CLIENT CONFIDENTIALITY A. Records Maintenance: The Sub Grantee shall maintain all records that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the eligible activities of the Consolidated Homeless Grant program or any other funding requirements, attached as Exhibit D; 3. Records demonstrating the eligibility of activity beneficiaries; 4. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with City assistance; and 5. Financial records. B. Records Retention: The Sub Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant Agreement and performance of services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant Agreement. Sub Grantee shall retain such records for a period of six years following the date of final grant payment. At no additional cost, these records shall be subject at reasonable times to inspection, review, or audit by the City, the Washington State Department of Commerce, personnel duly authorized by the City or Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. The Sub Grantee must destroy paper records derived from the Homeless Management Information System (HMIS) which contain personally identifying information within seven (7) years after the last day the household received services from the Sub Grantee. COML Council Packet 8-13-24, Page 235 of 333 8 | Page C. Confidentiality of Client Records: Sub Grantees shall maintain client records in a confidential manner as per RCW 43.18SC.030 and keep written records or files pertaining to clients under lock and key with only designated personnel granted access. VIII. GENERAL CONDITIONS A. Laws: The Sub Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended including, but not limited to: 1. Affirmative Action, RCW 41.06.020(1) 2. Boards of Directors or Officers of Non-profit Corporations - Liability- Limitations, RCW 4.24.264 3. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW 4. Federal Hatch Act 5 USC 1501-1508 5. Discrimination - Human Rights Commission, Chapter 49.60 RCW 6. Ethics in Public Service, Chapter 42.52 RCW 7. Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC 8. Open Public Meetings Act, Chapter 42.30 RCW 9. Public Records Act, Chapter 42.56 RCW 10. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW B. Americans with Disabilities Act ADA of1990 Public Law 101-336 also referred to as the "ADA” 28 CFR Part 35: The Sub Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. C. Licensing, Accreditation, and Registration: The Sub Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. D. Prohibitions: 1. Sub Grantees may not require households to participate in religious services as a condition of receiving program assistance. 2. Sub Grantees may not deny emergency shelter to households that are unable to pay fees for emergency shelter. 3. 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. 4. If a program serves households with children, the program must serve all family compositions. 5. If a program operates gender-segregated facilities, the program must allow the use of facilities consistent with the client's gender expression or identity. E. Noncompliance with Nondiscrimination Laws: During the performance of the Sub Grant, the Sub Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations, and policies. In the event of the Sub Grantee's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, the Grant Agreement may be rescinded, canceled, or terminated in whole or part, and the Sub Grantee may be declared ineligible for further grants COML Council Packet 8-13-24, Page 236 of 333 9 | Page with the City. The Sub Grantee shall, however, be given a reasonable time in which to remedy the noncompliance. F. Conformance: If any provision of this Grant Agreement violates any statute or rule of law of the State of Washington, it is considered to be modified to conform to that statute or rule of law. G. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. All payments for payroll taxes, unemployment contributions, FICA, retirement, life and/or medical insurance, Workers' Compensation Insurance and any other taxes or expenses for the Sub Grantee's staff shall be the sole responsibility of the Sub Grantee. H. Industrial Insurance Coverage: The Sub Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Sub Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the City may collect from the Sub Grantee the full amount payable to the Industrial Insurance Accident Fund. The City may deduct the amount owed by the Sub Grantee to the accident fund from the amount payable to the Sub Grantee by the City under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&l's rights to collect from the Sub Grantee. I. Indemnification: To the fullest extent permitted by law, the Sub Grantee shall indemnify, defend, and hold harmless the City of Moses Lake, the state of Washington, the Washington State Department of Commerce, all other agencies of the state and all officials, agents, and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or resulting from the Sub Grantee's performance or failure to perform the Grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Sub Grantee's agents, employees, or representatives. Commerce, the State of Washington, and the City of Moses Lake are not liable for claims or damages arising from the Sub Grantee's performance of the sub grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the City and State or its agents, agencies, employees, and officials. The Sub Grantee waives it immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the City and the state and its agencies, officials, agents, or employees. J. Assignability: Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Sub Grantee without prior written consent of the City. K. Subcontracts: 1. The Sub Grantee shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. 2. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The Sub Grantee shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. COML Council Packet 8-13-24, Page 237 of 333 10 | Page 3. Every subcontract shall include a term that City of Moses Lake, the Washington State Department of Commerce, and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 4. The Sub Grantee is responsible to the City if the Subcontractor fails to comply with any applicable term or condition of this Agreement. The Sub Grantee shall appropriately monitor the activities of the Subcontract to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Sub Grantee to the City for any breach in the performance of the Sub Grantee's duties. 5. The Sub Grantee shall undertake to ensure that all subcontracts let in the performance of this Agreement be awarded on a fair and open competition basis in accordance with applicable procurement requirements. 6. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 7. If the City approves subcontracting, the Sub Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the City in writing may: (a) require the Sub Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Sub Grantee from subcontracting with a particular person or entity; or (c) require the Sub Grantee to rescind or amend a subcontract. L. Amendments: The City or Sub Grantee may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and are signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Sub Grantee from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and Sub Grantee. M. Termination for Cause: In the event the City determines that the Sub Grantee failed to comply with any term or condition of this grant, the City may terminate the Grant Agreement in whole or in part upon written notice to the Sub Grantee. Such termination shall be deemed "for cause''. Termination shall take effect on the date specified in the notice. Alternatively, the City upon written notice may allow the Sub Grantee a specific period of time in which to correct the non- compliance. During the corrective-action time period, the City may suspend further payment to the Sub Grantee in whole or in part, or may restrict the Sub Grantee's right to perform duties under this Grant. Failure by the Sub Grantee to take timely corrective action shall allow the City to terminate the Grant Agreement upon written notice to the Sub Grantee. If the Grant Agreement is terminated for cause, the Sub Grantee shall be liable for damages as authorized by law. N. Termination for Convenience: Except as otherwise provided in this Grant, the City may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this COML Council Packet 8-13-24, Page 238 of 333 11 | Page Grant Agreement, in whole or in part. If this Grant Agreement is so terminated, the City shall be liable only for payment required under the terms of this Grant Agreement for services rendered or goods delivered prior to the effective date of termination. O. Termination Procedures: After receipt of a notice of termination, except as otherwise directed by the City, the Sub Grantee shall: 1. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants for materials, services, or facilities related to the Grant Agreement; 3. Preserve and transfer any materials, Grant Agreement deliverables, and/or City property in the Sub Grantee's possession as directed by the City. Upon termination of the Grant Agreement, the City shall pay the Sub Grantee for any service provided by the Sub Grantee under the Grant Agreement prior to the date of termination. The City may withhold any amount due as the City reasonably determines is necessary to protect the City against potential loss or liability resulting from the termination. The City shall pay any withheld amount to the Sub Grantee if the City later determines that loss or liability will not occur. The rights and remedies of the City under this section are in addition to any other rights and remedies provided under this Grant Agreement or otherwise provided under law. P. Governing Law and Venue: This Grant Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in Grant County, Washington. Q. Attorneys' Fees/Costs: Unless expressly permitted under another provision of this Agreement, in the event of litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its own attorneys' fees and costs. R. Publicity: The Sub Grantee agrees not to publish or use any advertising or publicity materials in which the City's, the State of Washington's, or Commerce's name is mentioned, or language used from which the connection with the City, State of Washington, or Commerce's name may reasonably be inferred or implied, without the prior written consent of the City or Commerce. S. Compliance with State Grant Program: Sub Grantee agrees to be subject to and to comply with all applicable terms set forth in the Consolidated Homeless Housing Grant Program administered by the Washington State Department of Commerce incorporated herein by this reference. T. Order of Precedence: In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations 2. The terms of the COVID-19 Emergency Housing Grant administered by the Washington State Department of Commerce 3. The terms of this Grant Agreement 4. Department of Commerce Guidelines 5. Sub Grantee Grant Proposal These documents are incorporated herein by reference and as may hereafter be amended IX. SEVERABILITY COML Council Packet 8-13-24, Page 239 of 333 12 | Page If any term or provision of this Grant Agreement is illegal or invalid, the remainder of the Grant Agreement shall not be affected thereby, and all other parts of this Grant Agreement shall nevertheless be in full force and effect. X. WAIVER 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 Grant Agreement unless stated to be such in writing and signed by an Authorized Representative of the City. XI. NOTICES Notices required by this Grant Agreement shall be in writing and delivered via mail (postage prepaid}, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: City Sub Grantee Mike Jackson Susan Grindle 401 S. Balsam St 700 E Mountain View Ave. Suite 501 PO Box 1579 Ellensburg, WA 98926 Moses Lake, WA 98837 XII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the City and the Sub Grantee for the use of funds received under this Grant Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Sub Grantee with respect to this Agreement. COML Council Packet 8-13-24, Page 240 of 333 13 | Page IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF MOSES LAKE HOPESOURCE By: __________________________ By: _______________________________ Name: Mike Jackson Name: Susan Grindle Title: Interim City Manager Title: CEO Fed. ID # 91814544 Attest: ____________________________ Name:_____________________________ Title: ______________________________ COML Council Packet 8-13-24, Page 241 of 333 EXHIBIT A PAGE 14 GRANT COUNTY PLAN TO END HOMELESSNESS December 2019 – December 2024 Updated: June 1, 2020 COML Council Packet 8-13-24, Page 242 of 333 EXHIBIT A I. HOMELESS TASK FORCE OF GRANT COUNTY The Homeless Task Force of Grant County shall be the group that will direct the County in its overall goals of reducing homelessness. MISSION The Mission of the Grant County Homeless Taskforce is to advocate for the homeless people in Grant County in order to improve quality of life, increase public awareness of issues of homelessness, impact public policy and to prevent and end homelessness. VISION The Homeless Taskforce focuses on realizable strategies to move homeless individuals and families beyond shelter to permanent housing and self-sufficiency by looking at a comprehensive range of needs and develop the local capacity to meet these needs. The Taskforce identifies ways to coordinate and link resources to avoid duplication by involving stakeholders with a shared goal of building a comprehensive system to end homelessness and prevent return to homelessness. MEMBERSHIP Task Force membership is offered to those community members and/or organizations that have an interest in issues surrounding homelessness and who are willing to take an active role in the Task Force. Current members represent a broad array of fields. II. HOMELESSNESS IN GRANT COUNTY POINT IN TIME HOMELESS COUNT According to the 2019 Point-In-Time Homeless Count, on any given night there are 82 people living on the streets, in a vehicle, or other place not meant for human habitation. Total unsheltered homelessness as identified during the Point- In-Time Homeless Count has been on the decrease for the past 4 years. Individuals Total number counted by area Households Children Veterans 2018 2017 Unsheltered Homeless: Vehicle, RV, Outdoors, Abandoned building, 82 Moses Lake: 52 Ephrata: 1 Quincy/George: 10 Grand Coulee: 6 Mattawa: 0 Royal City: 0 70 8 3 Households 3 88 110 Sheltered Homeless: Motel voucher, emergency shelter, transitional housing 68 Soap Lake: 7 Warden: 0 Other areas: 6 - - - 49 29 Homelessness happens to people of all ages, genders, races, income levels, and household types. Those who live in economic instability, who have health issues, mental health or substance use disorders, and those who may experience a job-loss, family break up, or domestic violence can all be pushed into homelessness at any time. COML Council Packet 8-13-24, Page 243 of 333 EXHIBIT A The County’s vacancy rate is 5%. Relatively low vacancy rates, shortages of affordable housing, the total lack of permanent-supportive housing, and long waitlists for Public Housing and Section-8 programs are all contributing factors to a household remaining homeless for more than 30 days. AVAILABLE RESOURCES Housing Housing Type Total Units Beds for singles Beds for families Total Beds Total Served 2018 July 1, 2018 – June 30, 2019 Expenditures Emergency Shelter HAGC Emergency Housing 5 0 27 27 96 $ 90,798 New Hope DV Shelter 1 4 10 14 77 $157,463 Transitional Housing HAGC Transitional Housing 11 9 9 18 38 $91,287 Beasley Hills 5 1 8 9 40 $28,010 Permanent Housing Baird Springs 5 1 8 9 17 $33,773 Pershing 5 1 8 9 17 $ 33,666 Services Service Type Total Served 2018 July 1, 2018 – June 30, 2019 Expenditures Rent Assistance HAGC CHG 100 $148,048 HAGC HEN 40 $195,275 HAGC TBRA 43 $75,545 HAGC 2163 39 $18,575 Hope Source - SSVF 61 $324,234 Motel Vouchers HAGC Motel Vouchers 89 $15,677 New Hope Motel Vouchers 43 $4,685 Other Services Warming Center 251 $58,570 Supportive Housing 12 $14,613 Mobile Outreach 81 $82,279 LOCAL AGENCIES WITH LIMITED/PERIODIC HOUSING ASSISTANCE FOR HOMELESS Serve Moses Lake – (Moses Lake residents only): Motel vouchers, rent assistance, application fees, utility assistance Opportunities Industrialization Center (OIC) Utility assistance, housing services for eligible farm workers Salvation Army – One-time motel voucher Serve Quincy – (Quincy residents only): Motel vouchers, rent assistance, application fees, utility assistance Veteran’s Coalition of Grant County – limited housing services for veterans His Helping Hands – (Ephrata & Soap Lake residents only): Motel vouchers, food, gas voucher, clothing, utility bill assistance, out of area travel assistance, tents, sleeping bags, hygiene items, application fees Grant Integrated Services: Various outreach, housing stability planning and case management COORDINATED ENTRY: Grant County utilizes a low-barrier Coordinated Entry System to identify, engage, and refer households to the proper services. The purpose of Grant County’s crisis response system is to ensure that homelessness is rare, brief, and one- COML Council Packet 8-13-24, Page 244 of 333 EXHIBIT A time. CE guides households who are experiencing a housing crisis by providing immediate access to the most appropriate housing program through a standardized assessment, prioritization, and referral process. If possible, CE does not keep waitlists for services. Instead, available services are offered to qualifying households in the hope to assist with the household’s housing crisis immediately. Prioritization for services is established by Department of Commerce’s basic prioritization requirements. If resources are limited, prioritization will be given to those with the highest need. Need is identified by a score of more than 6 on the VISPDAT - Vulnerability Index. For those who do not met the prioritization, diversion discussions will be held. III. STRATGIC PLAN Objective #1: Quickly Identify and Engage People Experiencing Homelessness Definition of homelessness: Households who are living unsheltered. This also includes households fleeing domestic violence. Unaccompanied youth are defined using the federal definition. Measure(s) of Success: • Compliance with state and federal coordinated entry requirements for all projects receiving federal, state and local homeless funds • Consider implementation of the Coordinated Entry Core Element recommendations Tasks Responsible Parties Start Date Completed Expand low barrier intake options in conjunction with mobile outreach activities and various community events Coordinated Entry sites May 2020 Continuing progress: COVID-19 provided barriers for the County’s mobile outreach program. This program was paused in Spring 2020 and has not resumed in its same capacity. HAGC has participated in various in-person and virtual events with BBCC and Family Services of Grant County, offering intakes on-site as needed. HAGC’s has dramatically expanded their intake option to utilize telephone intakes and communication through a variety of ways, rather than just in person. Communication with prospective customers has been expanded to texting and will be adding an online application at the beginning of 2022 (in progress). Continue to work with and receive referrals from: Mobile Outreach, Supportive Housing programs, Point in Time Count, Project Homeless Connect, Serve Moses Lake, Salvation Army, Serve Quincy, various community outreach events Coordinated Entry sites In progress Ongoing HAGC has identified referral processes with mobile outreach (when they were in operation), supportive housing programs provided by the City of Moses Lake and OIC of Washington. Continued progress is made with Serve Moses Lake, the barrier being a new executive director and volunteers making referrals. HAGC continues to participate in DSHS’s monthly meetings that involve a variety of local agencies who work with hard-to-serve populations, as well as, New Hope’s Domestic Violence Contortion quarterly meeting. Staff shares information on how to make easy referrals to HAGC. COML Council Packet 8-13-24, Page 245 of 333 EXHIBIT A HAGC staff has individually met with Hope Source to identify barriers to referring to one another’s programs and are looking into ways to strengthen those referrals (in progress) Continue relationships with law enforcement/first responders, health care, Serve Moses Lake, School Liaisons, and the Mobile Outreach team to ensure smooth referral processes Coordinated Entry sites In progress Ongoing See above Continue to offer low barrier coordinated entry assessment that complies with CE data collection requirements Coordinated Entry/Intake sites/agencies In progress Ongoing HAGC continues to follow CE data collection requirements as Department of Commerce updates their requirements. Strengthen community partner referrals from Big Bend Community College Coordinated Entry sites Spring 2020 HAGC staff met with new BBCC community outreach staff to discuss referrals and share program information. As new program/referral information is available, information is provided to those BBCC staff members. Conduct County-wide education to build the community’s capacity to quickly identify homeless and refer to services Grant County Homeless Task Force TBD Identify strategies to engage homeless/unaccompanied youth, consider implementing strategies Hope Source, New Hope TBD Build in maintain active lists of persons experiencing homelessness, that includes tracking status, engagements, and housing placements Mobile Outreach Team, Coordinated Entry Sites December 2020 No progress from HAGC Objective #2: Prioritization of Homeless Housing for People with the Highest Needs Measure(s) of Success: • Successful implementation of prioritization policies for all projects receiving federal, state and local homeless funds, resulting in prioritized people consistently being housed in a timely manner. Tasks Responsible Parties Start Date Completed COML Council Packet 8-13-24, Page 246 of 333 EXHIBIT A Grantees and Subgrantees must prioritize services for people w/highest need (unsheltered, chronic, length of time homeless, victims of domestic violence) and utilize the VISPDAT if needed Grantees & Subgrantees of funds January 2020 Ongoing HAGC continues to prioritize services for those with the highest needs. More options for intake has been implemented to create more low barrier options for program enrollment. Continue to monitor and evaluate HMIS data for exits to permanent housing options Grantees & Subgrantees of funds In progress HAGC compiles monthly reports and reports to its Board of Commissioners HMIS data for exits to permanent housing options for Rapid Rehousing and Emergency Shelter Program. Continue non-waitlist philosophy when enrolling prioritized households into programs Grantees & Subgrantees of funds In progress HAGC continues to assist households with the most appropriate, available housing program. We do not hold waitlists for our Rapid Rehousing or Homeless Prevention programs. We have a variety of resources to assist if a rental assistance program is to its capacity. Objective #3: Effective and Efficient Homeless Crisis Response and Housing Services Measure(s) of Success: • System-wide performance: a) Increase percentage of exits to permanent housing to the level of the top performing 20 percent of homeless crisis response systems nationwide. b) Reduce returns to homelessness after exit to permanent housing to less than 10 percent. c) Reduce average length of time homeless of those served to less than 90 days. Current System Performance • Prioritization of Unsheltered Households: 77.1% (FFY 2018) – met target • Increase Exits from Shelter to Permanent Housing: 26.59% (as of 6-30-18) - made progress toward meeting performance measure • Decrease returns to homelessness within 2 years for those who resided in shelter: 0% (as of 6-30-18) – met goal • Increase exits to permanent housing for rapid rehousing: 85.98% (as of 6-30-19) – met goal • Decrease returns to homelessness within 2 years for those who received rapid rehousing services: .62% (as of 6-30-18) – met goal • Reduce average length of time homeless: 34 days (as of 2-14-19), goal is less than 90 days – met goal Tasks Responsible Parties Start Date Completed Complete quarterly reviews of performance measures Homeless Task Force of Grant County April 2020 Ongoing COML Council Packet 8-13-24, Page 247 of 333 EXHIBIT A Identify agencies who are not meeting system-wide performance measures/areas needed for improvement Homeless Task Force of Grant County April 2020 Ongoing Promote the development of housing for all Homeless Task Force of Grant County April 2020 Increase case management/support for those who are most vulnerable Homeless Task Force of Grant County, Grantees, Subgrantees June 2020 HAGC has not increased case management or support services as we already have provided regular referrals and case management to those who are willing to participate. Increase the number of affordable units Homeless Task Force of Grant County January 2021 Increase the number of shelter beds for chronically homeless individuals Grantees, Subgrantees January 2021 HAGC has not increased shelter bed capacity. This task was added at the City of Moses Lake’s request Objective #4: A projection of the impact of the fully implemented local plan on the number of households housed and the number of households left unsheltered, assuming existing resources and state polices Measure(s) of Success: • A local plan that includes an estimate of people experiencing homelessness that will be housed during 2024 after successful implementation of the local plan using existing resources, and the count of households left unsheltered at a point in time in 2024, based on credible data and research; including the data, assumptions, calculations, and related citations necessary for outside parties to review and reproduce the estimate Tasks Responsible Parties Start Date Completed Complete modeling tool to project the impact of the local plan and identify future resources needed Steffanie Bonwell October 2019 October 2019 Strategize how to meet the future need of the county’s local plan Homeless Task Force January 2021 Objective #5: Address racial disparities among people experiencing homelessness Measure(s) of Success: • Completion of an initial analysis using a racial equity tool and data provided by Commerce. Tasks Responsible Parties Start Date Completed COML Council Packet 8-13-24, Page 248 of 333 EXHIBIT A Complete initial analysis of racial disparities among people experiencing homelessness, using Commerce’s racial equity tool Grantees & Subgrantees of funds August 2019 September 2019 Identify how Grant County compares to the State and other like size counties in the State. Grantees & Subgrantees of funds January 2020 September 2019 Identify underrepresented homeless populations (if any) Grantees & Subgrantees of funds January 2020 September 2019 No disparities found with statistical significance Determine if alternative plans need to be put into place to address disparities (if any) Grantees & Subgrantees of funds June 2020 N/A COML Council Packet 8-13-24, Page 249 of 333 EXHIBIT B PAGE 15 CONSOLIDATED HOMELESS GRANT AMENDMENT OF EMERGENCY HOUSING FUND ALLOCATIONS (SFY 2025) City of Moses Lake EHF Allocations: Admin $60,000 Facility $175,000 Operations $350,000 $585,000 CATEGORIES TOTAL ALLOCATED CITY OF ML ALLOCATIONS Admin $100,240 $60,000 Facility $350,000 $175,000 Operations $700,000 $350,000 Rent Assistance $30,000 $0 TOTAL $1,180,246 $585,000 COML Council Packet 8-13-24, Page 250 of 333 EXHIBIT B HOPESOURCE ALLOCATIONS- EHF SFY 2025 CATEGORIES TOTAL ALLOCATED HOPESOURCE ALLOCATIONS Admin $60,000 $35,000 Facility $175,000 $0 Operations $350,000 $280,000 Rent Assistance $30,000 $0 TOTAL $585,000 $315,000 COML Council Packet 8-13-24, Page 251 of 333 EXHIBIT C PAGE 16 Exhibit C ADMINISTRATIVE POLICY Subject: Designated Sleeping Center Rules Date Issued: October 27, 2020 Date Effective: November 1, 2020 Approved By: Allison Williams, City Manager City Resolution No. 3764 (May 14, 2019) established that the City of Moses Lake elected to operate its own homeless program and will meet all regulatory requirements required by the Department of Commerce. City Ordinance No. 2921 (April 9, 2019) authorized the City Manager to designate a City operated camping area and to promulgate rules and regulations regarding the use of designated camping areas. The City Manager designated a camping area on September 22, 2020, at the address commonly known as 1045 E Broadway Ave, Moses Lake, WA 98837 The designated camping area will open on November 1, 2020, and operational needs necessitate establishing the rules of the designated camp area. The following rules apply to the use of the designated camping area and the property adjacent to it: COML Council Packet 8-13-24, Page 252 of 333 EXHIBIT C 1. Designated area: The designated camping area shall consist of a sleeping area and a case services area. The designated camping area is depicted on the attached site plan. 2. Opening date: The designated camping area is scheduled to open November 1st, 2020. 3. Hours of operation: The sleeping area will open at 6:00 p.m. daily and close at 8:00 a.m. each immediately following day, at which time the sleeping area must be vacated. A. The Case Services area shall remain open all day, to be utilized on an appointment only basis. B. Both the sleeping area and the Case Services area may be closed by the City Manager, City Police Chief, or City Fire Chief at any time, without regard to regular hours of operation, when necessary to protect public health, safety, or welfare. 4. Sleeping area entry hours: Persons wishing to use the sleeping area may enter between the time of its opening and 10:00 p.m. daily. Entry shall not be allowed between the hours of 10:00 p.m. and 8:00 a.m. except for emergencies and persons who have prearranged an afterhours entry time with the City, a security contractor, or a designated camp supervisor for reasonable and verifiable needs. Re-entry shall not be allowed after check-in has been completed, except for emergencies. Entry shall not be allowed to persons wishing to use the sleeping area from 8:00 a.m. until the time of its opening daily. No person shall sit or lie down on publicly open property located within three hundred feet (300') of the sleeping area or upon a blanket, chair, stool, or any other object placed on publicly open property within three hundred feet (300') of the sleeping area. 5. City: For purposes of these rules, City means the City of Moses Lake, its officials, and employees. 6. Security contractors: The City may contract with third parties to provide security services. For purposes of these rules, security COML Council Packet 8-13-24, Page 253 of 333 EXHIBIT C contractor means parties with whom the City has entered into a contract or agreement for services and their employees, agents, and authorized representatives. 7. Designated camp supervisors: The City may designate or contract with third parties to provide camp supervision services. For purposes of these rules, camp supervisor means parties designated by the City Manager or with whom the City has entered into a contract or agreement for services and their employees, agents, and authorized representatives. 8. Use rule: Violators of the following enumerated rules may be ordered to immediately leave and not return to the designated camping area or City property located within three hundred feet (300') of the designated camping area for a period of 24 Hours, or until the following opening hours of the next day for the first (1st) violation. A second (2nd) Violation will result in a 48 Hour Trespass from the property. A third (3rd) Violation will result in a 72-hour Trespass from the site, and/or permanent trespass from the site as determined by the City Manager or City Designee. A. The following rules apply to use of both the sleeping area, the property storage area, the Case Services area, and all property located within three hundred feet (300') of the sleeping area or the services area: 1. No one may commit any crime: 2. No one may willfully hinder, delay, or obstruct a city employee in the discharge of his or her official powers or duties. 3. No one may unreasonably disturb others by knowingly engaging in loud or raucous behavior. 4. No one may, with intent to harass, intimidate, or torment any other person, use any lewd, lascivious, indecent or obscene words or language, or suggest the commission of any lewd or lascivious act. 5. No one may possess or use illegal drugs, including any form of marijuana or cannabis. 6. No one may open or possess an open package containing alcohol or consume alcohol; and 7. No one other than City employees, contractors, and public safety personnel, and the designees of each, may enter or remain during closure hours. COML Council Packet 8-13-24, Page 254 of 333 EXHIBIT C 8. No one may sit or lie down in the Case Services area or on publicly open City property within three hundred feet (300') of the sleeping area or the Case Services area or upon a blanket, chair, stool, or any other object placed in the property storage area or on publicly open City property within three hundred feet (300') of the sleeping area. B. The following rules additionally apply to use of the sleeping area: 1. Users may enter only between the time the sleeping area opens and 10:00 p.m. daily except for emergencies and after- hours entries prearranged with the City, a security contractor, or a designated camp supervisor, for reasonable and verifiable needs. 2. Users must upon entry meet with the City, a security contractor, or a designated camp supervisor and agree to abide by all applicable rules. 3. Users who exit between the hours of 10:00 p.m. and 8:00 a.m. may not reenter except for emergencies. 4. Users must peaceably exit the sleeping area by 8:00 a.m. daily. 5. Users must remove their personal property from the sleeping area each day or place it within a designated storage container, and any items otherwise left in the sleeping area after 8:00 a.m. each day shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. Users provided with a storage container must fit any possessions they wish to store within the container and lock it prior to exiting the sleeping area. Any property left in an unlocked storage container or outside a locked storage container shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. 6. No user may do an act, omit to act, engage in a course of activity, or create or maintain a condition which unreasonably: I. interferes with the comfort, solitude, health, or safety of others. II. offends common decency. III. offends common sensibilities and senses by way of extreme noise, light, or odor; or COML Council Packet 8-13-24, Page 255 of 333 EXHIBIT C IV. obstructs or renders hazardous for public passage any public way or place. 7. No guests shall be allowed in the sleeping area (the sleeping area may be used only by persons who intend to spend the night). 8. No minor shall be allowed in the sleeping area unless accompanied by his or her parent or legal guardian: I. No minor may remain in the sleeping area for longer than thirty (30) minutes. 9. No weapons may be possessed, displayed, or used except by public safety personnel and security contractors. 10. No fires or open flames are allowed. 11. No marijuana may be possessed or used. 12. No alcohol may be possessed. 13. No tobacco products may be used inside the shelters. 14. Tobacco use on the site shall be restricted to designated smoking areas. 15. Users shall not willfully hinder, delay, or obstruct any security contractor or designated camp supervisor in the discharge of their official powers or duties. 16. Users shall keep and confine their personal property to the area assigned to them by a designated camp supervisor, and designated walkways and paths shall be kept clear. 17. Camping areas shall be kept clean and free of junk, litter and debris, and users must deposit their trash and garbage in receptacles designated by the City for waste disposal. 18. Users shall not take, use, or possess the personal property of other users without their express permission. 19. Users shall not take, use, or possess property belonging to the City, its security contractor, or any designated camp supervisor without the express permission of the owner of the property. 20. Pets shall not be allowed if they are unlicensed, dangerous, diseased, or aggressive toward persons or other animals; provided, however, that a user may be given up to seven (7) days after arrival with a pet to obtain a license unless the dog is dangerous, diseased, or visibly aggressive. 21. Pets must be kept on a leash or kept in a kennel, and users must immediately clean up after their pets and dispose of any waste in COML Council Packet 8-13-24, Page 256 of 333 EXHIBIT C receptacles designated by the City for waste disposal. Pets are subject to the City’s nuisance code provisions and shall not constitute a public nuisance, e.g. barking. 22. Users may urinate and defecate only in bathrooms, portable restrooms, porta-potties, or sani-cans designated by the City for that purpose. 23. Users shall not engage in sexual intercourse, sexual contact (meaning any touching of other intimate parts of another person for the purpose of gratifying sexual desire of either party or a third party), or masturbation, within the sight or hearing of others; 24. Users shall not cause or create any sound or noise that unreasonably disturbs or interferes with the peace, comfort and repose of other users. 25. Users shall not use instruments or other devices, between the hours of 10:00 p.m. and 8:00 a.m., that generate or make sound that can be heard beyond the user's assigned area; and 26. Except for perishable food, users may not possess or bring any of the items prohibited from the Case Services area into the sleeping area. C. The following rules additionally apply to use of the property storage area and the Case Services Area: I. Users must agree to abide by all applicable rules. II. Users are limited to one (1) storage container per person. D. Users may not store: 1. Illegal drugs, 2. Marijuana, 3. Alcohol, 4. Flammable or combustible liquids or materials. 5. Toxic liquids or materials, 6. Corrosive liquids or materials, 7. Weapons, 8. Ammunition or other explosive materials, 9. Stolen property, 10. Perishable foods, COML Council Packet 8-13-24, Page 257 of 333 EXHIBIT C 11. Putrid materials, or 12. Garbage, litter, or debris. E. Property may be stored for no longer than seventy-two (72) consecutive hours, and any property left in the storage area longer than seventy-two (72) consecutive hours shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor; F. All property must be stored in a container designated by the City for that purpose, and any property left outside of a designated container shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor; and G. Property may be stored at the sole risk of its owner, and the City shall not be responsible for theft, loss, destruction, or damage of stored property. 9. Procedures for removal of property by the City, a security contractor, or a designated camp supervisor. A. Users shall be given an opportunity to remove prohibited property from the designated camping area if they are present at the time of its discovery and the property may be legally possessed by the user. Notice shall be personally given to users when property is removed in their presence by the City, a security contractor, or a designated campsupervisor. B. Notice shall be posted at the designated camping area when property is removed in the absence of its owner by the City, a security contractor, or a designated camp supervisor. The posted notice shall be the only notice given, and users are solely responsible for checking the designated camping area for notices. C. Property subject to immediate disposal or other immediate disposition: 1. City, security contractors, and designated camp supervisors may immediately dispose of any of the following items: junk, litter, debris, trash, garbage, and putrid materials. 2. The City, security contractors, and designated camp supervisor may immediately dispose of any of the following items if they pose an immediate hazard to persons or property and cannot be safely stored: flammable and combustible liquids or materials, toxic liquids and materials, corrosive liquids and materials, and ammunition and other explosive materials. COML Council Packet 8-13-24, Page 258 of 333 EXHIBIT C 3. The City, security contractors, and designated camp supervisor may immediately dispose of alcohol and marijuana unless it is immediately removed by its owner upon discovery. 4. The City, security contractors, and designated camp supervisor may immediately dispose of perishable food left in the storage area unless it is immediately removed by its owner upon discovery. 5. City, security contractors, and designated camp supervisors may immediately dispose of any property that is not immediately removed from the designated camping area by its owner upon request as provided in paragraph 8 - D, 8-E and 8-F. 6. Dangerous, diseased, or aggressive pets may be delivered to animal control authorities by the City, security contractors, and designated camp supervisors. 7. Stolen property, illegal drugs, and weapons may be delivered to law enforcement authorities by the City, security contractors, and designated camp supervisors. D. Property removal notices must specify (1) whether the property may be recovered; (2) where recoverable property has been stored and may be reclaimed, and (3) the date and time by which the removed property must be reclaimed. E. Unless disposed of in accordance with paragraph 8-D, 8-E and 8- F, removed property shall be stored for seven (7) days during which time it may be recovered by its owner if the property may be legally possessed by its claimant. Evidence of crimes and property subject to forfeiture may not be recovered except as provided by law. F. Property may be recovered by its owner only if it is claimed by its owner within seven (7) days after its removal in the manner specified in the removal notice and the claimed property may be legally possessed by its claimant. The City, security contractors, and designated camp supervisor may dispose of property that remains unclaimed seven (7) days after its removal. G. Users may appeal the removal of property by filing written notice of appeal with the City Clerk. Notices can be mailed to PO Box 1579, Moses Lake, WA 98837, placed in the utility billing night drop behind the Civic Center at 401 S Balsam St, or emailed to citycerk@cityofml.com. Notice of appeal must be received by the City Clerk by no later than seven (7) days after removal of the property. COML Council Packet 8-13-24, Page 259 of 333 EXHIBIT C 1. Users must remove prohibited property from the designated camping area while any appeal is pending, and the City, security contractors, and designated camp supervisors may immediately dispose of any of any property that is not immediately removed by the user. H. Appeals may be heard by the City Manager, or a designee of the City Manager. Appeals shall be heard and decided as soon as practicable after they are filed at such time designated by the hearing officer. Appeals shall be heard at City Hall at 401 S Balsam St, Moses Lake, WA 98837 or at such other location designated by the hearing office. COML Council Packet 8-13-24, Page 260 of 333 EXHIBIT C Open Doors Sleep Center Rules & Policies As a guest of the Open Doors Sleep Center, you hereby agree to follow all rules and policies as listed below. Failure to abide by the Rules & Policies will result in a temporary trespass of the Sleep Center. Multiple failures to abide by the Rules & Policies may result in a permanent ban. 1. No one may commit any crime: 2. No one may willfully hinder, delay, or obstruct a city employee, security contractor, or designated camp supervisor in the discharge of his or her official powers or duties. 3. No one may unreasonably disturb others by knowingly engaging in loud or raucous behavior. 4. No one may, with intent to harass, intimidate, or torment any other person, use any lewd, lascivious, indecent or obscene words or language, or suggest the commission of any lewd or lascivious act. 5. No one may possess or use illegal drugs, including any form of marijuana or cannabis. 6. No one may open or possess an open package containing alcohol or consume alcohol; and 7. No one other than City employees, contractors, and public safety personnel, and the designees of each, may enter or remain during closure hours. 8. No one may sit or lie down in the Case Services area or on publicly open City property within three hundred feet (300') of the sleeping area or the Case Services area or upon a blanket, chair, stool, or any other object placed in the property storage area or on publicly open City property within three hundred feet (300') of the sleeping area. 9. Users may enter only between the time the sleeping area opens and 10:00 p.m. daily except for emergencies and after- hours entries prearranged with the City, a security contractor, or a designated camp supervisor, for reasonable and verifiable needs. 10. Users must upon entry meet with the City, a security contractor, or a designated camp supervisor and agree to abide by all applicable rules. 11. Users who exit between the hours of 10:00 p.m. and 8:00 a.m. may not reenter except for emergencies. 12. Users must peaceably exit the sleeping area by 8:00 a.m. daily. 13. Users must remove their personal property from the sleeping area each day or place it within a designated storage container, and any items otherwise left in the sleeping area after 8:00 a.m. each COML Council Packet 8-13-24, Page 261 of 333 EXHIBIT C day shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. Users provided with a storage container must fit any possessions they wish to store within the container and lock it prior to exiting the sleeping area. Any property left in an unlocked storage container or outside a locked storage container shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. 14. No user may do an act, omit to act, engage in a course of activity, or create or maintain a condition which unreasonably: a. interferes with the comfort, solitude, health, or safety of others; b. offends common decency; c. offends common sensibilities and senses by way of extreme noise, light, odor; or d. obstructs or renders hazardous for public passage any public way or place. 15. No guests shall be allowed in the sleeping area (the sleeping area may be used only by persons who intend to spend the night). 16. No minor shall be allowed in the sleeping area. 17. No weapons may be possessed, displayed, or used except by public safety personnel and security contractors. 18. No fires or open flames allowed. 19. No tobacco products may be used inside the shelters. 20. Tobacco use on the site shall be restricted to designated smoking areas. 21. Users shall keep and confine their personal property to the area assigned to them by a designated camp supervisor, and designated walkways and paths shall be kept clear. 22. Camping areas (shelter units) shall be kept clean and free of junk, litter and debris, and users must deposit their trash and garbage in receptacles designated by the City for waste disposal. 23. Users shall not take, use, or possess property belonging to the City, its security contractor, or any designated camp supervisor without the express permission of the owner of the property. 24. Pets shall not be allowed if they are unlicensed, dangerous, diseased, or aggressive toward persons or other animals; provided, however, that a user may be given up to seven (7) days after arrival with a pet to obtain a license unless the dog is COML Council Packet 8-13-24, Page 262 of 333 EXHIBIT C dangerous, diseased, or visibly aggressive. 25. Pet must be kept on a leash or kept in a kennel, and users must immediately clean up after their pets and dispose of any waste in COML Council Packet 8-13-24, Page 263 of 333 EXHIBIT C 26. receptacles designated by the City for waste disposal. Pets are subject to the City’s nuisance code provisions and shall not constitute a public nuisance, e.g. barking. 27. Users may urinate and defecate only in bathrooms, portable restrooms, porta-potties, or sani-cans designated by the City for that purpose. 28. Users shall not engage in sexual intercourse, sexual contact (meaning any touching of other intimate parts of another person for the purpose of gratifying sexual desire of either party or a third party), or masturbation, within the sight or hearing of others. 29. Users shall not cause or create any sound or noise that unreasonably disturbs or interferes with the peace, comfort, and repose of other users. 30. Users shall not use instruments or other devices, between the hours of 10:00 p.m. and 8:00 a.m., that generate or make sound that can be heard beyond the user's assigned area. 31. Except for perishable food, users may not possess or bring any of the items prohibited from the Case Services area into the sleeping area. 32. Users may not store the following items in the storage containers: a. Illegal drugs b. Marijuana c. Alcohol d. Flammable or combustible liquids or materials e. Toxic liquids or materials f. Corrosive liquids or materials g. Weapons h. Ammunition or other explosive materials i. Stolen property j. Perishable foods k. Putrid materials l. Garbage, litter, or debris COML Council Packet 8-13-24, Page 264 of 333 EXHIBIT C I, undersigned, hereby agree to follow all Rules & Policies as set forth above, and agree to hold harmless any contractor, volunteer, staff member, or City of Moses Lake representative from any harm that may result in a failure to abide by the Rules & Policies as set forth. _________________________________________ Guest Name __________________________________________ Guest Signature __________________________________________ Date COML Council Packet 8-13-24, Page 265 of 333 Guidelines FOR THE Consolidated Homeless Grant Updated March 26, 2024 Version 2 EXHIBIT D PAGE 17COML Council Packet 8-13-24, Page 266 of 333 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 COML Council Packet 8-13-24, Page 267 of 333 Page | 3 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 COML Council Packet 8-13-24, Page 268 of 333 Page | 4 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 COML Council Packet 8-13-24, Page 269 of 333 Page | 5 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 COML Council Packet 8-13-24, Page 270 of 333 Page | 6 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 COML Council Packet 8-13-24, Page 271 of 333 Page | 6 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. COML Council Packet 8-13-24, Page 272 of 333 Page | 7 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. COML Council Packet 8-13-24, Page 273 of 333 Page | 8 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. COML Council Packet 8-13-24, Page 274 of 333 Page | 9 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 COML Council Packet 8-13-24, Page 275 of 333 Page | 10 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. COML Council Packet 8-13-24, Page 276 of 333 Page | 11 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 COML Council Packet 8-13-24, Page 277 of 333 Page | 12 (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. COML Council Packet 8-13-24, Page 278 of 333 Page | 13 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. COML Council Packet 8-13-24, Page 279 of 333 Page | 14 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 COML Council Packet 8-13-24, Page 280 of 333 Page | 15 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. COML Council Packet 8-13-24, Page 281 of 333 Page | 16 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 COML Council Packet 8-13-24, Page 282 of 333 Page | 17  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. COML Council Packet 8-13-24, Page 283 of 333 Page | 18  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 COML Council Packet 8-13-24, Page 284 of 333 Page | 19  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. COML Council Packet 8-13-24, Page 285 of 333 Page | 20 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. COML Council Packet 8-13-24, Page 286 of 333 Page | 21 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) COML Council Packet 8-13-24, Page 287 of 333 Page | 22  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. COML Council Packet 8-13-24, Page 288 of 333 Page | 23 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. COML Council Packet 8-13-24, Page 289 of 333 Page | 24 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). COML Council Packet 8-13-24, Page 290 of 333 Page | 25 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. COML Council Packet 8-13-24, Page 291 of 333 Page | 26 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. COML Council Packet 8-13-24, Page 292 of 333 Page | 27 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 COML Council Packet 8-13-24, Page 293 of 333 Page | 28 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. COML Council Packet 8-13-24, Page 294 of 333 Page | 29 (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 COML Council Packet 8-13-24, Page 295 of 333 Page | 30 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. COML Council Packet 8-13-24, Page 296 of 333 Page | 31 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. COML Council Packet 8-13-24, Page 297 of 333 Page | 32 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 COML Council Packet 8-13-24, Page 298 of 333 Page | 33 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 COML Council Packet 8-13-24, Page 299 of 333 Page | 34 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. COML Council Packet 8-13-24, Page 300 of 333 Page | 35 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. COML Council Packet 8-13-24, Page 301 of 333 Page | 36 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. COML Council Packet 8-13-24, Page 302 of 333 Page | 37 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. COML Council Packet 8-13-24, Page 303 of 333 Page | 38 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 COML Council Packet 8-13-24, Page 304 of 333 Page | 39  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. COML Council Packet 8-13-24, Page 305 of 333 Page | 40 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. COML Council Packet 8-13-24, Page 306 of 333 Page | 41 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 COML Council Packet 8-13-24, Page 307 of 333 Page | 42 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. COML Council Packet 8-13-24, Page 308 of 333 Page | 43 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. COML Council Packet 8-13-24, Page 309 of 333 Page | 44 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 COML Council Packet 8-13-24, Page 310 of 333 Page | 45 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 COML Council Packet 8-13-24, Page 311 of 333 Page | 46 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) COML Council Packet 8-13-24, Page 312 of 333 Page | 47 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    COML Council Packet 8-13-24, Page 313 of 333 48 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. COML Council Packet 8-13-24, Page 314 of 333 49 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 COML Council Packet 8-13-24, Page 315 of 333 50 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. COML Council Packet 8-13-24, Page 316 of 333 51 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 COML Council Packet 8-13-24, Page 317 of 333 52 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). COML Council Packet 8-13-24, Page 318 of 333 53 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 COML Council Packet 8-13-24, Page 319 of 333 54 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 COML Council Packet 8-13-24, Page 320 of 333 55 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 COML Council Packet 8-13-24, Page 321 of 333 56 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), COML Council Packet 8-13-24, Page 322 of 333 57 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: COML Council Packet 8-13-24, Page 323 of 333 58 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 COML Council Packet 8-13-24, Page 324 of 333 59 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 COML Council Packet 8-13-24, Page 325 of 333 60 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 COML Council Packet 8-13-24, Page 326 of 333 61 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. COML Council Packet 8-13-24, Page 327 of 333 62 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 COML Council Packet 8-13-24, Page 328 of 333 63 (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 COML Council Packet 8-13-24, Page 329 of 333 64 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 COML Council Packet 8-13-24, Page 330 of 333 65 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 8-13-24, Page 331 of 333 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 8-13-24, Page 332 of 333 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 8-13-24, Page 333 of 333