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Final 2024 1022 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, October 22, 2024 Moses Lake Civic Center – 401 S. Balsam or remote access* Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Motion Citizen’s Communications ** Summary Reports: Mayor’s Report -Native American Heritage Month Proclamation - Veteran’s Day Proclamation Future Business City Manager’s Report #1 -Community Development New Hires - AWC Legislative Agenda pg 3 Motion Consent Agenda pg 14 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.Meeting Minutes May 28 to July 9, and October 8, 2024 b.Claims and Payroll c.Ops Fire Sprinkler Emergency Repair Resolution 3991 d.Industrial Waste Discharge Permit No. 20 SGL Composites LLC COML Council Packet 10-22-24, Page 1 of 193 October 22, 2024, City Council Meeting Page 2 Old Business #2 Parks Exclusion and Identification Amendment Ordinance 3057 pg 49 Motion #3 pg 56 Motion Presented by Dave Sands, Police Chief Summary: Council to review and consider adoption LKQ Development Agreement Extension Ordinance 3058 Presented by Anna Franz, City Attorney Summary: Council to review and consider adoption New Business #4 Lodging Tax Advisory Committee Application Approvals pg 61 Motion Presented by Doug Coutts, Parks, Recreation and Cultural Services Director Summary: Council to review and consider approval #5 pg 65 Motion Water and Sewer Reimburse Repeal Ordinance 3059 Presented by Brian Baltzell, Public Works Director Summary: Council to review and consider adoption #6 Revised Sleep Center Management Contract pg 69 Motion Presented by Vivian Ramsey, Interim Community Development Director Summary: Council to review and consider approval Administrative Report - Monthly Update on Excess Water Usage Fee – Madeline Prentice, Finance Director Council Committee Reports Information Items -Proposed Agenda Topics pg 191 Adjournment Next Regular Meeting will be November 12 at 6:30 p.m. 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: 267 498 215 921 Passcode: StuBmH Or #2 MS Teams by phone (audio only) +1 509-707-9401,,881669809# United States, Moses Lake 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 10-22-24, Page 2 of 193 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Mayor and City Council 20074 Mike Jackson Interim City Manager Administration 10/22/2024 New Business Association of Washington Cities 2025 Legislative Priorities City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council move to support the 2025 AWC Legislative Priorities. COML Council Packet 10-22-24, Page 3 of 193 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Each year the Association of Washington Cities develop Legislative Priorities which align with City priorities. The Council can support some or all of these priorities. An attachment form AWC included in the Council packet lists the priorities which are abbreviated below: Fiscal Sustainability - Revise the 1% property tax limit to 3%. Behavioral Health Treatment Capacity - Expand funding for grants to establish and support funding for local behavioral health crisis co-responder programs. Housing Supply- Dedicate current funding and explore new funding options, such as the real estate transfer tax, to address needs across the housing continuum, including home ownership, senior, workforce, affordable, and permanent supportive housing. Ensure that funding availability extends to all communities with needs, including small- and medium-sized cities and towns in both eastern and western Washington. Public Safety - Provide more resources and tools to cities and towns to address public safety and criminal justice challenges. Help cities hire new officers by covering 100% of the cost of attending the Basic Law Enforcement Academy (BLEA) and continue to expand existing—and create new—regional BLEA academies. Increase support for public safety and the overall criminal justice system with additional funding for the Municipal Criminal Justice Assistance Account, as well as enhanced local funding tools like the public safety sales tax. Increase programs to reduce juvenile crime and provide more juvenile behavioral health treatment and correctional capacity. Continue to support our officers and other first responders with wellness and injury prevention programs. Infrastructure - Protect and expand direct and meaningful investments in traditional local infrastructure for needed expansion and ongoing operations and maintenance of aging systems, including expanded and reliable funding for the crucial Public Works Assistance Account. Support sustainable state transportation revenue that includes funding for local preservation, maintenance, and operations. Develop new fiscal tools to build infrastructure to support housing development and growth, including increased funding for the Connecting Housing and Infrastructure Program (CHIP). Expand cities’ ability and flexibility to use the real estate excise tax (REET) for additional capital needs, including maintenance as well as to support affordable housing. . . None Options and Results Approve. Council would support the AWC Legislative Priorities and incorporate a statement of support in the City's own legislative agenda Deny. The city would not voice support and would not include in City's own agenda. Council could request additional information from AWC. No Direct impact. COML Council Packet 10-22-24, Page 4 of 193 Fiscal sustainability Revise the arbitrary 1% property tax cap that has been in place for more than 20 years. Adopt a new cap tied to inflation and population growth factors, with a limit not to exceed 3%. This will allow local elected officials the option to adjust the local property tax rate to better serve our communities and keep up with the costs of providing basic services like police, fire, streets, and valued community amenities like parks. Behavioral health treatment capacity Expand funding for grants to establish and support ongoing funding for local behavioral health crisis co-responder programs. Support additional training and certification, and workforce development for co-responders. Seek increased investments in community behavioral health treatment funding – both capital start-up and operational expenses. Support continued expansion of continuum of treatment capacity, from crisis stabilization to inpatient to outpatient and continued expansion of forensic behavioral health treatment capacity. Provide additional mental health support for students. Housing supply Dedicate current funding and explore new funding options, such as the real estate transfer tax, to address needs across the housing continuum, including home ownership, senior, workforce, affordable, and permanent supportive housing. Ensure that funding availability extends to all communities with needs, including small and medium- sized cities and towns in both eastern and western Washington. Public safety Provide more resources and tools to cities and towns to address public safety and criminal justice challenges. Help cities hire new officers by covering 100% of the cost of attending the Basic Law Enforcement Academy (BLEA), and continue to expand existing—and create new—regional BLEA academies. Increase support for public safety and the overall criminal justice system with additional funding for the Municipal Criminal Justice Assistance Account, as well as enhanced local funding tools like the public safety sales tax. Increase programs to reduce juvenile crime and provide more juvenile behavioral health treatment and correctional capacity. Continue to support our officers and other first responders with wellness and injury prevention programs. Infrastructure investment Protect and expand direct and meaningful investments in traditional local infrastructure for needed expansion and ongoing operations and maintenance of aging systems, including expanded and reliable funding for the crucial Public Works Assistance Account. Support sustainable state transportation revenue that includes funding for local preservation, maintenance, and operations. Develop new fiscal tools to build infrastructure to support housing development and growth, including increased funding for the Connecting Housing and Infrastructure Program (CHIP). Expand cities’ ability and flexibility to use the real estate excise tax (REET) for additional capital needs, including maintenance as well as to support affordable housing. 2025 Candice Bock Government Relations Director candiceb@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Cities and towns are home to 65% of Washington’s residents, drive the state’s economy, and provide the most accessible form of government. The success of our cities and towns depends on adequate resources and community-based decision-making to best meet the unique needs of our communities. City Legislative Priorities Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 09/18/24 Washington’s 281 cities and towns ask the Legislature to partner with us and act on the following priorities: COML Council Packet 10-22-24, Page 5 of 193 2025 Fiscal sustainability Background: The arbitrary 1% cap on annual property tax increases, compounded for decades, has strained many city bud- gets: • The current cap has created a structural deficit in city revenue and expenditure models, leading to artificial restrictions on the use of property taxes to fund community needs. • To make ends meet, cities cut services or rely upon more regressive, and less reliable, revenue sources like sales taxes and fees. Candice Bock Government Relations Director candiceb@awcnet.org Sheila Gall General Counsel sheilag@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2023 by Association of Washington Cities, Inc. All rights reserved. | 10/03/24 continued on back Cities face complex public safety challenges, escalating costs for aging infrastructure, challenges to recruit and retain employees, and ever-increasing service needs. Cities’ revenues are not keeping up with the costs of goods and services to meet community expectations and priorities. The arbitrary 1% property tax limit is not tied to any ac- tual service costs or needs, and it prevents revenues from keeping pace with inflation and population growth— both of which rise faster than 1%. With such limited op- tions to address budget shortfalls, cities need a revised property tax cap to provide sustainable funding for basic needs such as law enforcement and fire services, as well as to address new and emerging issues like affordable housing and behavioral health. Cities have done our best for more than 20 years to serve our residents with this arbitrary 1% limit, but we can’t keep going without real harm to our communities. Now is the time for the Legislature to make this modest revision. Revise the property tax cap to one that is tied to inflation and population growth with a limit of 3%. Lifting the property tax cap to an optional 3% limit is a modest compromise to increase funding flexibility, support local decisions, and preserve critical city services. Strong cities need: • Revisions to the property tax cap to tie it to inflation and population growth, with a limit of 3% so that local elected officials have the option to adjust their local property tax revenue to better serve their communities. • More flexible and councilmanic funding options that can be tailored to the unique needs of each community. Cities are doing more with lessFor every one city staff: 80 residents served In 2001: 108 residents served In 2023: Source: Washington Employment Security Department The historical average CPI for the last decade, even with 2022 record high inflation. 3%inflation COML Council Packet 10-22-24, Page 6 of 193 Candice Bock Government Relations Director candiceb@awcnet.org Sheila Gall General Counsel sheilag@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2023 by Association of Washington Cities, Inc. All rights reserved. | 10/03/24 Myth-busting: Responding to arguments against changing the cap Increasing the limit up to 3% does not triple the property tax. Cities are just 11 cents of every property tax dollar collected. The majority of property taxes go to state levies for schools and voter-approved local school levies. 90% of cities report that increased costs of city services are a concern in their community. 32%concern 9% neutral 59% concernmajor There are few (and usually only temporary) options available to increase the limit. Cities can implement a one-year or multiyear levy lid lift, which generally must be limited to a specific purpose to be approved by voters. Reliance on periodic voter-approved levies is an uncertain way to maintain a stable workforce and fund critical ongoing services like law enforcement and fire services, as well as street and other transportation maintenance. In addition, neither option can adequately address chronic, structural budget deficits. History of the 1% cap In 1973, the Legislature responded to concerns that property taxes were rising too fast by passing a 6% limit on annual property tax increases. In 2001, Initiative 747 (I-747) limited increases to regular property levies for all taxing districts to 1% above the previous year, plus in- creases in value due to new construction. After the Wash- ington Supreme Court later found I-747 unconstitutional, the Legislature nonetheless reenacted the 1% limit. Source: Department of Revenue $0.17 Junior taxing districts (fire, EMS, ports, hospitals, library, etc.) $0.14 County $0.273 State school levy$0.11City share $0.307 Local school (voter approved) The average homeowner’s increased cost would be less than $20 per year. Example of impact to homeowner of increasing a city’s property tax revenue from 1% to 3%. Source: 2024 AWC City Conditions Survey COML Council Packet 10-22-24, Page 7 of 193 2025 Behavioral health treatment capacity Expand funding to establish and support local behavioral health crisis co-responder programs and community-based behavioral health resources. Background: Cities are not traditionally direct behavioral health service providers, yet first responders are increasingly dispatched to behavioral or mental health calls as well as substance use crises. These crises can be both tragic and dangerous for the individuals, families, and communities involved. Nationally, behavioral health and substance use concerns represent roughly 20% of 911 calls. Candice Bock Government Relations Director candiceb@awcnet.org Jacob Ewing Special Projects Coordinator jacobe@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 10/01/24 Someone to talk to Someone to respond Somewhere to go People in crisis need... Source: Substance Abuse and Mental Health Services Administration In communities across the state, extreme disparities exist in access to frontline first responders, behavioral health resources, and drug treatment. 52% of Washington cities identify the lack of behavioral health resources as a major concern for their community. The Legislature has made significant investments in this system in the past few years, but major gaps remain. Many communities do not have local options to divert people into drug treatment—or the nearest service center is too often located many miles away from the community. Additionally, complicated and overlapping systems often mean that the responder who shows up first to the scene of a crisis may not be equipped to handle it. Strong cities need: • Greater access to the entire continuum of behavioral health services and substance use disorder (SUD) treatment for adults and juveniles, including: • Crisis response & case management • Inpatient & intensive outpatient treatment • Ongoing behavioral and mental health treatment and SUD treatment • Mental health support for students • Increased support to provide additional training and certification as well as workforce development for co-responders. • Additional state funding to establish and expand treatment facility capacity, including increased workforce development support. Many cities are adopting alternative response programs that offer a holistic approach to individual needs, complementing or replacing traditional first responder programs. Community diversion options such as mental health co‐responders; Let Everyone Advance with Dignity, formerly known as Law Enforcement Assisted Diversion (LEAD); and Community Advocates for Referral and Education Services (CARES) programs have proven successful. Early data from cities with alternative response programs show a marked reduction in jail bookings, crisis services events, and emergency department visits. For more information, read AWC’s Public Safety State of the Cities report. COML Council Packet 10-22-24, Page 8 of 193 2025 Housing supply & affordability Background: Washington state is experiencing a housing affordability crisis, and cities are committed to working in partnership with the state to address it. Since 2017, the state has passed at least 15 laws related to how cities plan for and accommodate housing that is affordable to residents of all income levels. Cities have been hard at work incorporating those changes into their local comprehensive plans and land use regulations, and over time these efforts will provide for significantly increased housing capacity in communities across the state. The work of cities to plan for more housing capacity will not be enough to ensure affordability—especially for lower-income households—without meaningful action from the state. Over the next 20 years, Washington needs nearly 650,000 more homes that are accessible to households that cannot afford market-rate rental or purchase options. Providing for this housing will require new revenue options sized to fit the substantial scale of need. Carl Schroeder Government Relations Deputy Director carls@awcnet.org Shannon McClelland Senior Legislative & Policy Analyst shannonm@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 10/01/24 Support the transition from planning for more housing to building more housing. Strong cities need: • New councilmanic taxing authority to preserve and build affordable housing, such as an optional local real estate excise tax or short-term rental tax. • Dedicated and sustainable investment from the state across the continuum of need for all parts of the state, large and small. The state should develop and fund an investment plan that is scaled to meet projected future housing needs. • Increased state funding for homelessness crisis response, including expansion of the successful WSDOT rights-of-way resolution program to city- owned properties. • New tools to fund infrastructure to support housing development and growth, including increased funding for the Public Works Assistance Account and Connecting Housing and Infrastructure Program (CHIP). • Predictability and consistency in growth management and planning requirements to allow the state and cities to work toward implementation of affordable housing plans and for the market to respond to new conditions. Housing permits issued between 2019 and 2023 Despite state mandates and city efforts to authorize middle housing, demand for 2-4 units remains low as the market continues to lag. Almost 650,000 new below market rate homes are needed in the next 20 years Apartments Multi-plex AMI = Area Median Income Permanent supportive housing (PSH) 0-30% AMIPSH non-PSH0-30% AMI 30-50% AMI 50-80% AMI 91,357 Emergency housing beds (temporary housing) Also needed: 122,469 220,539 180,316 124,928 110,374 6,668 4,554 112,412 5 or more units1 unit 2 units 3 & 4 units COML Council Packet 10-22-24, Page 9 of 193 2025 Public safety Background: Public safety is a core responsibility of city government. In fact, cities employ the most law enforcement officers in Washington. Our communities are safer places to live, learn, work, and play thanks to high-quality public safety services delivered by local law enforcement. Cities are facing historic vacancies in law enforcement and are struggling to recruit and retain police officers. In addition, overall concerns about juvenile crime, drug offenses, gun violence, and property crime remain high, and these cases place ongoing strain on the criminal justice system. Candice Bock Government Relations Director candiceb@awcnet.org Matt Doumit Legislative & Policy Analyst mattd@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 10/04/24 Increase fiscal tools and resources to address public safety and criminal justice challenges. Washington’s police officer to population ratio has decreased For every 1,000 residents: continued on back Strong cities need: • Increased funding to meet local public safety needs, including additional direct state funding and enhanced local public safety sales tax, allowing for councilmanic implementation. • Support for efforts to prevent and address juvenile crime, including expansion of juvenile behavioral health treatment capacity and state correctional capacity. • Enhanced officer training through continued state funding for 100% of Basic Law Enforcement Academy (BLEA) costs and for the expansion of existing—and creation of new—regional BLEA academies. • Replacement of the outdated Criminal Justice Training Center (CJTC) main facility. • Additional direct state funding for public safety, including increasing the state’s contribution to the Municipal Criminal Justice Assistance Account. • Support for additional programs to reduce gun violence in our communities and enforce unlawful possession of firearms. • Support for programs designed to improve law enforcement retention, such as state- supported law enforcement officer wellness and injury prevention programs. 1.7 In 2000: 1.29 In 2023: Communities need the criminal justice system to function effectively and have adequate resources for: law enforcement, local courts, prosecutors, indigent defense, jails, and treatment and diversion programs. As cities work to create and maintain professional, community- oriented police departments, it will take strong partnership from the state to improve public safety. COML Council Packet 10-22-24, Page 10 of 193 Candice Bock Government Relations Director candiceb@awcnet.org Matt Doumit Legislative & Policy Analyst mattd@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 10/04/24 Changes in drug possession laws following the Blake decision have led to an increase in drug related charges, creating new demands on the criminal justice system. Now that these charges are misdemeanors they have a greater impact on the municipal criminal justice system. Communities are also concerned about a steep increase in juvenile crime coming out of the pandemic that is a worrisome trend for many reasons, but in particular because of the serious nature of the crimes being committed by youth. Retention of officers is also an ongoing concern and an important aspect of meeting public safety needs. As a part of those efforts, we must continue to focus more resources on officer wellness and well-being to protect both their physical and mental health. Without a well-resourced system, we will continue to experience a revolving door in the criminal justice system that doesn’t consistently address public safety issues and justice for victims, nor does it provide offenders with a pathway towards rehabilitation. With one-third of officers eligible or nearly eligible to retire, cities will continue to face challenges to meet the public safety needs of our communities. 0% 5% 10% 15% 20% 25% Eligible now In the next few years14%19% Source: Washington Dept. of Retirement Systems, 2023 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0Number of arrests2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Juvenile arrests in Washington, 2014-2023 Source: WASPC’s Crime in Washington Annual Reports, 2014-2023 1,300 1,200 1,100 1,000 900 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024Total countSource: Administrative Office of the Courts Statewide drug possession and public use charges over a 6-month period Over a 6-month period, the number of charges for possession and public use increased by a total of 49% COML Council Packet 10-22-24, Page 11 of 193 2025 Local infrastructure investment Expand state funding to help maintain and operate city infrastructure and increase funding for the Public Works Assistance Account. Background: Overall: C grade Wastewater: C- grade Stormwater: D+ grade Roads: C- grade City infrastructure is a critical piece of the statewide network that provides safe and equitable access to transportation and clean drinking water, and effective management of wastewater and stormwater in Washington. Building, improving, and maintaining this vital infrastructure is essential to cities’ ability to support development, respond to climate change, and serve their communities’ most basic needs. More than 80% of cities say their aging infrastructure systems need significant repair. Washington infrastructure continues to suffer from inadequate investment. The American Society of Civil Engineers’ most recent infrastructure report card graded Washington: Carl Schroeder Government Relations Deputy Director carls@awcnet.org Brianna Morin Legislative & Policy Analyst briannam@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2023 by Association of Washington Cities, Inc. All rights reserved. | 09/27/23 Public Works Assistance Account Cities use a diverse range of financing options to fund their traditional local infrastructure projects, but they rely heavily on the Public Works Assistance Account (PWAA) for state-level funding. In the latest PWAA construction cycle: Total requested: 69 projects at $262+ million Total funded: 51 projects at $175+ million Left unfunded: 18 projects totaling $87 million Nearly 60% of cities say they need state assistance with infrastructure funding, and more than 25% report facing significant challenges in meeting grant and loan fund match requirements, as well as public contracting and bidding requirements. Robust state investments in city infrastructure are critical to the health of the state’s economy, improving climate resilience and sustainability, and creating equitable outcomes for the people of Washington. Strong cities need: • Direct and meaningful state investments in traditional city infrastructure like drinking water, wastewater, and stormwater, including funding for climate resilience and sustainable technologies. • Reliable and increased funding for the Public Works Assistance Account. • New and expanded fiscal tools to preserve and maintain transportation assets and to build infrastructure for housing development. Increased and ongoing state funding for the PWAA, with no new diversions, is needed for this essential source of support for cities. continued on back COML Council Packet 10-22-24, Page 12 of 193 Carl Schroeder Government Relations Deputy Director carls@awcnet.org Brianna Morin Legislative & Policy Analyst briannam@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 10/01/24 Transportation infrastructure Approximately 70% of city transportation expenditures are sourced from cities’ general funds. Only about 5% on average comes from restricted funding, such as a Transportation Benefit District. As a result, road and bridge maintenance competes for funding with public safety and other city priorities. In addition to maintenance and preservation, cities and towns prioritize safety, multimodal access, and carbon reduction, all of which require funding. Rising costs and competing demands for funding, combined with a decline in revenues and caps on revenue generation tools, like the 1% cap on property tax increases, have led to a structural budget deficit that prevents cities and towns from maintaining and building safe, accessible transportation systems. Housing infrastructure Housing and infrastructure are interrelated. The pressing concerns of housing availability and affordability in Washington are driving up demand for the infrastructure that supports growth. To build this critical infrastructure, cities need new fiscal tools to help finance it. Cities and towns support the state’s Connecting Housing and Infrastructure Program (CHIP) and want to see it expanded. Cities also advocate for expanded authority and flexibility to use real estate excise tax (REET) funds for capital needs, including maintenance and construction of affordable housing. Options include harmonizing REET 1 & 2 and giving cities the ability to set a progressive rate model like that of the state. Cities and towns are looking for new, sustainable sources of transportation funding, such as a statewide road usage charge or a retail delivery fee, to support the costs of maintenance, preservation, and operations. 50%of cities have annual transportation budgets under $500,000. 40%of cities have annual transportation budgets under $250,000. Even with the help of state and federal grants, these dollars do not stretch far enough. COML Council Packet 10-22-24, Page 13 of 193 MOSES LAKE CITY COUNCIL May 28, 2024 JOINT MEEETING with PLANNING COMMISSION (reference minutes for UDC) CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:35 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE Deputy Mayor Judy Madewell led the Flag Salute. AGENDA APPROVAL Council Member Lombardi moved Consent Agenda item (b) Tyler Technology Software Agreement to June 11. Action taken: Council Member Fancher moved to approve the Agenda as amended, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATION Asian American and Pacific Islander Heritage Month Proclamation Mayor Swartz read the proclamation and presented to Carolyn Pearce from the local chapter of the Daughters of the American Revolution. Wastewater System Plan Stillman Norton and Curtis Butterfield, Professional Engineers with Keller & Associates, Inc. provided a slide deck to illustrate their work done over the last several years to update the 2015 Wastewater System Plan. The work included an analysis of existing conditions, modeling future conditions based on the Comp Plan anticipated growth, assessing treatment plants, other capital improvements, and financial planning. Moses Lake Community Coalition Coalition Coordinator Megan Watson invited the community to attend their event about local gang activities to be held at the Civic Center Auditorium on June 6 from 7 to 9 p.m. New Port of Moses Lake Director Municipal Airport/Port of Moses Lake Commissioner Darrin Jackson introduced the new Port of Moses Lake Director Dan Roach. Mr. Roach invited the community to attend the airshow on June 15 to 16 and invited Council Members to attend the elected official’s reception at the event on Saturday from 9 to 11 am. CITIZEN’S COMMUNICATION Miscellaneous – Elisia Dalluge, Moses Lake, talked about gang awareness, ACLU housing, COML Council Packet 10-22-24, Page 14 of 193 CITY COUNCIL MINUTES – May 28, 2024 pg. 2 drinking water legislation support, sleep center service providers, and a police use of force allegation. SUMMARY REPORTS MAYOR’S REPORT Memorial Day Proclamation Mayor Swartz read the proclamation to recognize men and women who made the ultimate sacrifice for our Nation’s freedom. CITY MANAGER’S REPORT Columbia Basin Rail Line Rehabilitation Project Letter of Support Letter of support sent for grant funding for the Columbia Basin Rail Line Rehabilitation Project was included in the meeting packet. Spring Fest Community Event Staff from Utility Billing, Parks, Streets, Fire, and Police were commended for work on the logistics needed for the event. CONSENT AGENDA #1 a. Electronic Transfer: #375 - $60.00 Checks: 165428 - 165608 - $1,469,953.07 Payroll Checks: 05-10-2024 PR, #66116 - 66155 - $8,997.34 Electronic Payments: 05-10-2024 Direct Deposit: - $640,204.57 b.removed c.Accept Northshore Lift Station Project (GC2021-035) d. Accept Improvements on Laguna Park Short Plat Resolution 3981 Action taken: Council Member Fancher moved to approve the Consent Agenda without item (b), second by Deputy Mayor Madewell. The motion carried 7 – 0. NEW BUSINESS #2 2024 Fee Schedule Amendment Resolution 3982 Finance Director Madeline Prentice requests amending the fee schedule to pass the credit card transaction fees back to customers that will drop cost to city from $120k to $8k per year. There will be no fee for checks, debit card, or ACH transfers. Action taken: Council Member Fancher moved to adopt Resolution 3982 for the fee schedule amendment, second by Council Member Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Cape at Interlake Update Planning Manager Vivian Ramsey shared that this is a 72-unit apartment complex located behind Leprechaun Harvest Foods that was approved by the Hearing Examiner last year and currently under construction. Council Member Lombardi inquired about the process for this project and what licensing they will receive based on the Hearing Examiner report. COML Council Packet 10-22-24, Page 15 of 193 CITY COUNCIL MINUTES – May 28, 2024 pg. 3 Deputy City Clerk Resignation City Manager Kevin Fuhr announced that Jennifer Schober’s last day will be Friday and thanked her for her service. Mayor Swartz and Council Member Martinez also expressed their gratitude for her service to the City. COUNCIL COMMUNICATIONS AND REPORTS Council Member Martinez announced that the Moses Lake Watershed Council is offering rebates to property owners on the lake to remove septic systems. Council Members Fancher and Skaug attended the Community Development and Public Works Committee meeting where staff discussed the County moving the centerline on a road project to avoid having to move city sewer lines, as well as updates on potable water resources. Council Member Lombardi shared that two Port of Moses Lake Commissioners have recently traveled to Korea and Japan to court commercial business. Mayor Swartz noted that the Yonezawa Sister City student exchange has selected three students to visit Japan this summer. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 8:10 p.m. to 8:30 p.m. to discuss performance of a public employee and potential litigation pursuant to RCW 42.30.110(1) subsections (g) and (i) with potential action to follow. Mayor Swartz extended the meeting to 8:45 p.m. Action taken: Council Member Fancher moved to approve the City Manager’s evaluation, second by Council Member Martinez. The motion carried 7 – 0. ADJOURNMENT The regular meeting was adjourned at 8:45 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 16 of 193 MOSES LAKE CITY COUNCIL June 11, 2024 JOINT MEEETING with PLANNING COMMISSION (reference minutes for UDC) CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:37 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE Resident Charles Featherstone led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda with postponement of Consent Agenda item (d) Groundworks Sleep Center Lease Extension, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATION Freedom Day Celebration MLK Committee President Charlie Jones extended an invite to the community to attend their Juneteenth event on Saturday, June 22 at McCosh Park from 4 to 8 p.m. CITIZEN’S COMMUNICATION ALS Fundraiser – Jeremy Reese, Moses Lake, invited the community to attend their first annual Memorial Car Show fundraiser in honor of his father, Brent Reese, who passed in 2020. The event will be held at Scotty’s Auto Repair on June 15 from 3 to 9 p.m. Brent Reese served on City Council from 2000 to 2013. PUBLIC HEARINGS #1 Unified Development Code Ordinance The Department of Commerce recommended the city update development regulations when they approved the update to the Comprehensive Plan in 2021. Three residents provided written and verbal testimony on her concerns of Home Occupations and Short-Term Rentals. No further comments being received, Mayor Swartz continued the Hearing at 7:30 p.m. to the June 25 Council Meeting. #2 6-Year Transportation Improvement Program Resolution 3983Public Works Director Brian Baltzell reviewed requirements for the 2024-2029 projects that are incorporated as an exhibit to the Capital Facilities Plan in the Comp Plan update COML Council Packet 10-22-24, Page 17 of 193 CITY COUNCIL MINUTES – June 11, 2024 pg. 2 process and is required to be submitted to the State annually at the end of June. Mayor Myers opened the hearing at 7:32 p.m. There being no comments, the hearing was closed. Deputy Mayor Madewell inquired about a new lake crossing for motor vehicles and requested additional information on the Valley-Paxson Dr Study. Action taken: Council Member Fancher moved to adopt the 6-Year TIP, Resolution 3983, second by Council Member Myers. The motion carried 7 – 0. CONSENT AGENDA #3 a. City Council Meeting Minutes Dated May 14, 2024b.Electronic Transfer: n-aChecks: 165609 - 165769 - $660,215.09Payroll Checks: 05-24-2024 PR, #66156 - 66210 - $15,376.91 Electronic Payments: 05-24-2024 Direct Deposit: - $637,214.11 c. ERP Financial Software Agreementd.removede. 2024 Ice Arena Chiller Plant Project Awardf.Boys and Girls Club License Agreement (addendum) Action taken: Council Member Martinez moved to approve the Consent Agenda minus item (d), second by Council Member Fancher. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Excess Water Usage Finance Director Madeline Prentice reported that 102 customers, including city park accounts, incurred excess water charges during the months of April and May totaling $29,500. Staff are working with public works and parks departments, as well as residential and commercial accounts, to identify overages due to leaks. Education on transitioning areas to xeriscape is also a priority. COUNCIL COMMUNICATIONS AND REPORTS Council Member Myers has shared excess water fee information with Grant Transit Authority (GTA) staff. The GTA Larson Project is moving forward to be completed within the grant funding period. Council Member Lombardi attended Port of Moses Lake meeting where they discussed the expansion of Freeman Holdings and Tax Increment Finance projects. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 8:12 p.m. to 8:32 p.m. to discuss performance of a public employee pursuant to RCW 42.30.110(1) subsection (g) with no further business. ADJOURNMENT COML Council Packet 10-22-24, Page 18 of 193 CITY COUNCIL MINUTES – June 11, 2024 pg. 3 The regular meeting was adjourned at 8:32 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 19 of 193 MOSES LAKE CITY COUNCIL June 25, 2024 EXECUTIVE SESSION (reference minutes for special meetings) JOINT MEEETING with PLANNING COMMISSION (reference minutes for UDC) CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:40 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, and Myers. Council Member Martinez attended remotely. PLEDGE OF ALLEGIANCE Council Member Myers led the Flag Salute. AGENDA APPROVAL Mayor Swartz removed New Business item (2) Groundworks Lease Extension and Council Member Lombardi removed Sleep Center Electrical Project from the Consent Agenda item (c). Action taken: Council Member Lombardi moved to approve the Agenda as amended, second by Deputy Mayor Madewell. The motion carried 6 – 1, Council Member Myers opposed. PRESENTATION Parks and Recreation Month Proclamation Mayor Swartz read and presented proclamation to Parks, Recreation, and Cultural Services (PRCS) Director Doug Coutts. CITIZEN’S COMMUNICATION Miscellaneous – Elisia Dalluge, Moses Lake, offered assistance to provide federal legislative contacts for water funding, advised of hate crime reporting online, commented on sleep center contract, parks management, and pride month. SUMMARY REPORTS MAYOR’S REPORT Sister City Student Exchange Fundraiser The Yonezawa Student Exchange Committee will be sending three students to Japan in July and they will in turn host students from Japan in August. They will hold a fundraising event on July 10 at 5:30 p.m. at Columbia Basin Tech Skills Center. COML Council Packet 10-22-24, Page 20 of 193 CITY COUNCIL MINUTES – June 25, 2024 pg. 2 CITY MANAGER’S REPORT New PRCS Employees PRCS Director Doug Coutts introduced Parks Maintenance Technician Javier Garza and Recreation Supervisor Colleen Seto. Ms. Seto was unable to be present. City Manager Resignation and Contract Amendment Finance Director Madeline Prentice requested Council to waive the 60-day termination notice, include accrued sick leave payout, and COBRA benefit through the end of 2024. Council, staff, and former staff thanked City Manager Kevin Fuhr for his service. Action taken: Council Member Fancher moved to accept the City Manager’s resignation, waive the 60-day termination notice, payout accrued sick and vacation leave, and provide COBRA benefits through the end of 2024 as proposed, second by Council Member Myers. The motion carried 7 – 0. PUBLIC HEARING CONTINUED The public hearing for the Development Code Update was originally continued on June 12 to today, and is further continued to July 9 to allow for additional review. CONSENT AGENDA #1 a. Electronic Transfer: N/A Checks: 165770 - 165965 - $1,041,138.50 Payroll Checks: 06-07-2024 PR, #66211 - 66248 - $15,456.70 Electronic Payments: 06-07-2024 Direct Deposit: - $672,031.92 b. CARES Grant Continuationc.removedd.Accept COF Valve Replacement Project (GC2023-096) Action taken: Council Member Fancher moved to approve the Consent Agenda minus item (c), second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #2 Wastewater System Plan Resolution 3984 Keller & Associates presented the Plan to Council in May and Department of Ecology has since reviewed and approved on June 4. Council requested staff have the consultant provide a fact sheet on methods of rate calculations based on anticipated future development for necessary capital projects and implementation for concurrency. ADMINISTRATIVE REPORTS July 3rd Live Music and Fireworks Show PRCS Director Doug Coutts has booked the 133rd Army Reserve Band, food vendors, the mobile Recreation Van, and fireworks show at 10 p.m. Advertisement on city social media, local paper, radio, and regionally is done with Lodging Tax funds. COML Council Packet 10-22-24, Page 21 of 193 CITY COUNCIL MINUTES – June 25, 2024 pg. 3 Grant County Economic Development Contract Update City Manager Kevin Fuhr advised that he has executed the EDC contract with an additional $3,500 for services from Grant County Trends. COUNCIL COMMUNICATIONS AND REPORTS Council Member Skaug shared his excitement on wells turned on and wells that were approved to be turned on if needed. Council Member Lombardi acknowledged the Chamber of Commerce for their efforts on economic development and senior services. Mayor Swartz recognized the Boys and Girls Club for their local fundraising efforts to keep the Larson Campus open for summer school due to recent shortfall in school district funding. He clarified on a recent newspaper article that staff is working with school district to address their water usage and advised that several cities are engaging again with Grant County staff for a countywide comprehensive planning update. ADJOURNMENT The regular meeting was adjourned at 7:30 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 22 of 193 MOSES LAKE CITY COUNCIL JUNE 2024 Notice of four Special Meetings were posted on dates below at the Moses Lake Civic Center 401 S Balsam. Three meetings were for Executive Sessions to discuss qualifications of applicants for public employment pursuant to RCW 42.30.110(1) subsection (g). EXECUTIVE SESSION JUNE 21 Mayor Swartz called an Executive Session from 3:00 p.m. to 4:00 p.m. The meeting adjourned at 4:00 p.m. EXECUTIVE SESSION JUNE 25 Mayor Swartz called an Executive Session from 4:30 p.m. to 5:30 p.m. The session ended at 5:30 p.m. EXECUTIVE SESSION JUNE 26 – cancelled on June 26. SPECIAL MEETING JUNE 28 at 6:04 PM Interim City Manager Contract Deputy Mayor Madewell and Council Member Martinez attended remotely. Action taken: Council Member Fancher moved to authorize Mayor Swartz to execute a contract with GMP Consultants for the Interim City Manager services as presented, second by Council Member Skaug. The motion carried 6 – 1, Council Member Martinez abstained. The meeting adjourned at 6:15 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 23 of 193 MOSES LAKE CITY COUNCIL July 8, 2024 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 5:38 p.m. by Mayor Swartz in the Council Chambers of the Civic Center. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. CLOSED SESSION Mayor Swartz called a closed session to discuss labor contracts pursuant to RCW 42.30.140(4)(a). Council also discussed the Ambulance Utility services. ADJOURNMENT The special meeting was adjourned at 7:19 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 24 of 193 MOSES LAKE CITY COUNCIL July 9, 2024 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher, Martinez, and Myers. PLEDGE OF ALLEGIANCE Council Member Lombardi led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Skaug. The motion carried 7 – 0. PRESENTATION Red, White, and Boom Event Recap Parks Maintenance Superintendent Bill Aukett summarized the July 3rd activities of live music, cornhole games, food vendors, and the first year for discharging fireworks display from a barge on the lake. Staff will provide the estimated attendance at a later date. CITIZEN’S COMMUNICATION Ambulance Services – Moses Lake residents Babett Donnelly, Larry Ledeboer, and Rachel Hjelm spoke in favor of maintaining these services with city Firefighters and provided a number of reasons not to privatize with the Lifeline service. Miscellaneous – Elisia Dalluge, Moses Lake, also spoke in opposition to private ambulance service, talked about 2025 Pride Month, and will contact Interim City Manager Mike Jackson regarding homelessness services. SUMMARY REPORTS MAYOR’S REPORT Interim City Manager Council conducted several Executive Sessions in June to discuss qualifications for the interim position and concluded on June 28 to contract with GMP for the interim services. Mayor Swartz introduced Mike Jackson who will also assist Council in the regular position recruiting. Continued Public Hearing for Unified Development Code Council will be holding several workshops in the next few months with the Planning Commission and staff to review the draft Code. Notice of a new Public Hearing will be published once these workshops are completed. COML Council Packet 10-22-24, Page 25 of 193 CITY COUNCIL MINUTES – July 9, 2024 pg. 2 CITY MANAGER’S REPORT Opioid Abatement Funds Council contracted regionally for selection of one administrator of abatement funds. The draft contract for consultant services with Carelon Behavioral Health has been saved to Council’s shared folder and will be presented for approval on July 23. CONSENT AGENDA #2 a. Electronic Transfer: N/A Checks: 165966 - 166155 - $1,325,858.64 Payroll Checks: 06-21-2024 PR, #66249 - 66286 - $16,423.45 Electronic Payments: 06-21-2024 Direct Deposit: - $684,894.43 b. Award Luta & Virginia St Construction c. Longview and Sun Terrace Parks Grant Resolution 3985 d. Industrial Waste Discharge Permit No. 5 e. Laguna Park Short Plat Developer Agreement Amendment f. Accept Crack Seal Project GC2023-188 g. Maple Landing Bond Extension for Park Improvements Action taken: Council Member Fancher moved to approve the Consent Agenda as presented, second by Council Member Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS 2023 Police Crime Statistics Chief David Sands advised that Group A offenses are down 19.5% from prior year, and he provided comparisons of city statistics with Des Moines, Walla Walla, and Wenatchee. Banking Services Finance Director Madeline Prentice received five responses to the request for proposals and they interviewed the top two. A contract for selected vendor, WaFd, will be presented for Council approval at the next meeting. AFSCME Contract Amendment Human Resources Director Shannon Springer received the approved notice of representation from Public Employment Relations Commission (PERC) for Community Development staff to be added to the American Federation of State, County and Municipal Employees (AFSCME) collective bargaining agreement. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 7:05 p.m. to 7:35 p.m. to consider the price at which real estate will be offered for sale, to discuss qualifications of applicants for public employment, and potential litigation pursuant to RCW 42.30.110(1) subsections (c), (g), and (i) with no business to follow. Mayor Swartz extended the Executive Session for 15 minutes. COML Council Packet 10-22-24, Page 26 of 193 CITY COUNCIL MINUTES – July 9, 2024 pg. 3 ADJOURNMENT The regular meeting was adjourned at 7:50 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 27 of 193 MOSES LAKE CITY COUNCIL October 8, 2024 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Martinez, and Myers. Council member Fancher was excused. PLEDGE OF ALLEGIANCE Council Member Lombardi led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Madewell moved to approve the Agenda as presented, second by Council Member Meyers. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Animal Sale Regulations/Animal Shelter – Moses Lake residents Sarah Tweedy, Bonnie Helvey, and Kevin Starcher, expressed their support of regulations on the sale of animals in public places. Ms. Tweedy also provided an update on the location and funding options for the new animal shelter. Accessory Storage Units – Amy Dalluge, Moses Lake, requested regulations be put in place for storage unit setbacks. She has a neighbor who is using a vehicle as a storage unit. She cannot access her property where this vehicle is parked, and she feels it is creating a hazard. National Alliance of Mental Illness – Megan Diamond, Ephrata, is a representative of NAMI North Central Washington, invited the community for a de-escalation training session at the public library on Thursday, October 10. Mayor Swartz requested staff to include this resource in the city's list of public resources. Human Trafficking – Joseph Moriarty, Moses Lake, delivered a presentation on a program in Spokane named Helping Captives. This initiative supports individuals who have escaped trafficking by providing access to safe housing and other services. SUMMARY REPORTS MAYOR’S REPORT Planning Commission Appointment Mayor Swartz recommends the appointment of Howard Homesley to complete the unexpired term on the Planning Commission which will conclude on December 31, 2027. Action taken: Council Member Skaug moved to confirm the appointment of Howard Homesly, second by Council Member Lombardi. The motion carried 6 – 0. COML Council Packet 10-22-24, Page 28 of 193 CITY COUNCIL MINUTES – October 8, 2024 pg. 2 CITY MANAGER’S REPORT Tax Increment Financing Updated Hawkins and Edwards Developers proposed a new financing concept for the tax increment area approved by Council on May 14, 2024. The proposal is similar to Spokane Kendall Yards with challenges on repayment risks and the city’s debt capacity. Council requested City Manager Mike Jackson to further research and present options at a future meeting. Budget Workshop Meeting Dates Finance Director Madeline Prentice suggested Council have two additional meetings to discuss the budget. Staff will send a poll to Council for date and time options. #1 CONSENT AGENDA a. Meeting Minutes from UDC Meetings and September 24, 2024 b. Electronic Transfer: N/A Checks: 167145 - 167333 - $1,141,169.96 Payroll Checks: 09-27-2024 PR, #66497 - 66504 - $7,235.69 (9/13/24 PR checks should have been listed as 66471-66496) Electronic Payments: 09-27-2024 Direct Deposit - $648,248.90 c. Set Novemeber 12 Public Hearing for Right of Way Vacation Request Resolution 3988 d. Moses Lake Irrigation District Iconic Lake Fountain Interlocal Agreement (ILA) Action taken: Council Member Martinez moved to approve the Consent Agenda as presented, second by Council Member Meyers. The motion carried 6– 0. OLD BUSINESS #2 Animal Sales Regulation MLMC 6.14 Ordinance 3055 Staff introduced the first draft to Council on September 24 under City Manager’s Report. The new regulation will prohibit sales on private parking lots that are open to the public. The penalty for offenders will be implemented following a public education period. Action taken: Council Member Lombardi moved to adopt Ordinance 3055 as presented, second by Council Member Meyers. The motion carried 6 – 0. #3 Maple Ridge Planned Development District Ordinance 3056 The Hearing Examiner decision was received on September 23. Staff presented the decision and draft ordinance to the Council at the meeting on September 24. Council conducted a Closed Hearing on September 24. The ordinance allows for 202 single family lots and two tracts for multi-family dwellings. CLOSED SESSION Mayor Swartz called a recess from 7:50 to 8:10 p.m. for a closed session in accordance with RCW 42.30.140(4)(a) to discuss a quasi-judicial land use matter. Action taken: Council Member Swartz moved to adopt Ordinance 3056 as presented, second by Council Member Lombardi. The motion carried 4 – 2, Deputy Mayor Madewell and Council Member Martinez opposed. COML Council Packet 10-22-24, Page 29 of 193 CITY COUNCIL MINUTES – October 8, 2024 pg. 3 NEW BUSINESS #4 MLMC 12.36 Parks Exclusion and Identification Amendment – First Presentation Staff are proposing a new definition for Activity Trails, eliminating names of parks in the Code, adding a ’3-day exclusion’ period, and changing appeals to the Parks Director. #5 Bilingual Stipend Policy – First Presentation Human Resources Director Shannon Springer researched similar practices in other cities and prepared a draft policy to establish a monthly stipend for designated department staff to provide a bilingual interpretation service as part of their essential duties. Council requested further research to be presented for consideration at a later meeting. #6 Review of Council Stipend MLMC 2.60.030 – First Presentation The Municipal Code states that these stipends shall be reviewed for consideration of adjustment between June and December of even numbered years. Council reviewed the analysis of comparisons to Ellensburg, Walla Walla, and Port Angeles. There being no requests for change, the current stipends will be maintained. COUNCIL COMMUNICATIONS AND REPORTS Council Member Martinez commended Chief Sands for being proactive with information at the Public Safety Committee Meeting. She also reported on the Board of Health conference in Leavenworth. The Police Faith in Blue event will be held Friday, October 11 at 5:30 p.m. at Lions Field off W 4th Avenue. Council Member Lombardi provided an update on the capital improvements at the Municipal Airport. He commended staff for their facilitation of the Lodging Tax Advisory Committee meetings. Funding recommendations will come to Council for approval on October 22. Mayor Swartz attended Association of Washington Cities Mayor’s Retreat in Ellensburg. There was a Public Relations presentation from Kent and he would like more funding for this in our budget. ADJOURNMENT The regular meeting was adjourned at 9:10 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 30 of 193 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 20075 Madeline Prentice, Director Finance 10/22/2024 Consent Agenda Disbursement report since October 8, 2024 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 1,545,919.06$1,545,919.06$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 167334 - 167509 - $869,292.40 Payroll Checks: 10-11-2024 PR, #66504 - 66518 - $26,033.10 (9/27/24 PR checks should have only included up to #66503) Electronic Payments: 10-11-2024 Direct Deposit - $650,593.56 Vouchers - 10.22.2024.pdf 114.79KB COML Council Packet 10-22-24, Page 31 of 193 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. COML Council Packet 10-22-24, Page 32 of 193 TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal. FUND NO FUND NAME 10/1/2024 AMOUNT 10/22/2024 001 GENERAL FUND 10,218,939 159,317.45 10,059,621 102 TOURISM 2,173,760 - 2,173,760 103 GRANTS AND DONATIONS 1,231,775 17,129.05 1,214,646 105 ARPA 3,043,150 - 3,043,150 110 HOMELESS SERVICES 599,762 15,092.95 584,669 111 OPIOID ABATEMENT 310,192 - 310,192 112 PUBLIC ARTS FUND 49,824 - 49,824 114 PATHS/TRAILS 99,463 - 99,463 116 STREET 882,585 3,158.55 879,426 119 STREET REPR/RECON 3,842,158 1,724.44 3,840,434 170 TRANSPORTATION BENEFIT DISTRICT 2,349,978 - 2,349,978 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 184,980 - 184,980 314 PARK & RECREATION IMPROVEMENTS 578,602 102,190.85 476,411 315 PARK MITIGATION CAPITAL PROJECTS 21,837 - 21,837 316 COMMUNITY SERVICES CENTER - - - 320 FIRE MITIGATION FUND 877,617 - 877,617 322 WATER REMIDIATION 1,508,133 18,016.13 1,490,117 410 WATER/WASTEWATER 10,558,673 26,884.33 10,531,788 450 2011 BOND FUND 10,304 - 10,304 451 2011 BOND FUND - RESERVE - - - 452 2004 BOND FUND 5,792 - 5,792 453 2004 BOND FUND - RESERVE 40,600 - 40,600 471 WATER RIGHTS 1,591,683 - 1,591,683 477 WATER SEWER CONSTRUCTION 4,586,947 205,983.64 4,380,963 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 9,534 - 9,534 490 SANITATION 2,597,806 90,205.74 2,507,600 493 STORM WATER 866,852 11,412.38 855,439 495 AIRPORT 57,367 526.09 56,841 498 AMBULANCE 985,243 20,451.16 964,792 501 UNEMPLOYMENT COMPENSATION INSURANCE 183,812 - 183,812 503 SELF-INSURANCE 366,819 251.50 366,567 517 CENTRAL SERVICES 1,003,033 76,907.39 926,125 519 EQUIPMENT RENTAL 2,664,387 97,407.57 2,566,979 528 BUILDING MAINTENANCE 2,503,552 19,138.28 2,484,413 611 FIRE PENSION 549,371 1,511.83 547,860 623 DEPOSIT 1,346,062 1,704.82 1,344,357 631 STATE 14,021 278.25 13,743 TOTAL 58,919,680 869,292.40$ 58,050,388 City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date- 10/22/2024 COML Council Packet 10-22-24, Page 33 of 193 Check Name Check Amount Check Date Invoice Description 167334 Janelle Sword 905.46 09/30/2024 LEOFF Retiree Pension September 2024 167335 Luther Stowers 606.37 09/30/2024 LEOFF Retiree Pension September 2024 167336 Brian Baltzell 34.00 10/04/2024 APWA Fall Conference 167337 Darrik Gregg 196.00 10/04/2024 West Point Leadership 2024 167338 Debbie Burke 154.00 10/04/2024 Conference Per Diem 167339 Gilberto Rangel 86.00 10/04/2024 Pedestrian Safety 2024 167340 Heidi Merritt 93.00 10/04/2024 Administrative Support Conference 167341 James Richmond 92.00 10/04/2024 Conference Per Diem 167342 James Richmond 135.00 10/04/2024 ACCIS Conference 2024 167343 Jennifer Shelton 184.00 10/04/2024 Festivals & Events Conference 167344 Kerri Fenner 119.00 10/04/2024 AWC Member Expo 2024 167345 Leigh Ramsey 34.00 10/04/2024 APWA Fall Conference 167346 Lizabeth Murillo 68.00 10/04/2024 Thriving Together Summit 167347 Lynne Lynch 92.00 10/04/2024 IPMA Conference 2024 167348 Philip Hanson 86.00 10/04/2024 Pedestrian Safety 2024 167349 Richard Law 34.00 10/04/2024 APWA Fall Conference 167350 Rudy Valdez 196.00 10/04/2024 West Point Leadership 2024 167351 Steven Feeney 68.00 10/04/2024 PNW Fire Conference 2024 167352 Adriana Carbon 42.42 10/04/2024 Refund Utility Overpayment 167353 BC Montana LLC 149.91 10/04/2024 Refund Utility Overpayment 167354 CAD HOMES LLC 113.21 10/04/2024 Refund Utility Overpayment 167355 Camiya L. Bond 40.34 10/04/2024 Refund Utility Overpayment 167356 D2 Commercial Lending LLC 32.25 10/04/2024 Refund Utility Overpayment 167357 Dale Caldwell 136.30 10/04/2024 Refund Utility Overpayment 167358 Debra J Reyer Pers. Rep 865.31 10/04/2024 Refund Utility Overpayment 167359 DTP Properties LLC 124.74 10/04/2024 Refund Utility Overpayment 167360 DTP Properties LLC 118.49 10/04/2024 Refund Utility Overpayment 167361 FRANCIS & SHIRLEY DELANEY 154.97 10/04/2024 Refund Utility Overpayment 167362 Gary Mann Total Property Management 1,386.07 10/04/2024 Reverse Payments (3 Accounts) 167363 Gary or Karlene Utter 77.03 10/04/2024 Refund Utility Overpayment 167364 Hayden Goff 331.85 10/04/2024 Refund Utility Overpayment 167365 Karen Rodriguez or Arturo Cruz 118.11 10/04/2024 Refund Utility Overpayment 167366 Leonard or Sharon Seltz 222.66 10/04/2024 Refund Utility Overpayment 167367 Lunar Wind LLC 137.91 10/04/2024 Refund Utility Overpayment 167368 LYTHIA DAILY 15.94 10/04/2024 Refund Utility Overpayment 167369 Mann Eilers LLC 494.99 10/04/2024 Refund Utility Overpayment 167370 MARC MURPHY 138.22 10/04/2024 Refund Utility Overpayment 167371 NOFFKE HOMES LLC 60.29 10/04/2024 Refund Utility Overpayment 167372 NOFFKE HOMES LLC 120.02 10/04/2024 Refund Utility Overpayment 167373 Patricia Weber 48.77 10/04/2024 Refund Utility Overpayment 167374 Paul or Vida Smith 75.21 10/04/2024 Refund Utility Overpayment 167375 Sanh Thi Ayers 128.96 10/04/2024 Refund Utility Overpayment 167376 Secured Investment High Yield Fund II LLC 269.56 10/04/2024 Refund Utility Overpayment 167377 SHELBY COLLINS 162.62 10/04/2024 Refund Utility Overpayment 167378 The Estate of Lawrence L. Tracy 123.31 10/04/2024 Refund Utility Overpayment City of Moses Lake Checks Issued with Summary Description For October 22nd, 2024 Council Meeting COML Council Packet 10-22-24, Page 34 of 193 Check Name Check Amount Check Date Invoice Description 167379 Victor Silva 20.02 10/04/2024 Refund Utility Overpayment 167380 Wayne or Alison Black 241.93 10/04/2024 Refund Utility Overpayment 167381 Zackery or Rosalyn Russell 329.30 10/04/2024 Refund Utility Overpayment 167382 4Imprint, Inc.1,760.99 10/08/2024 City Logo Supplies 167383 A & H Printers Inc 74.87 10/08/2024 Business Cards 167384 A-L Compressed Gases Inc 147.52 10/08/2024 Aerokroil/Soapstone 167385 AAA Readymix Inc 481.48 10/08/2024 Concrete Delivery 167386 Abc Hydraulics 55.45 10/08/2024 Air Hose 167387 Ag Supply Ace Hardware 37.63 10/08/2024 Aluminum Angle 167388 Als Glass Service Inc 585.27 10/08/2024 Windshield Replacement 167389 Amazon Capital Services, Inc.17,046.80 10/08/2024 Department Amazon Purchases 167390 Anatek Labs, Inc.1,410.00 10/08/2024 Sample Testing 167391 Anatek Labs, Inc. -Yakima 585.00 10/08/2024 Sample Testing 167392 AT&T Mobility II, LLC 172.76 10/08/2024 First Responder Lines 167393 Basin Propane LLC 35.94 10/08/2024 Propane 167394 Becker Arena Products Inc 3,143.01 10/08/2024 Ice Rink Paint 167395 Bethany Rose Iverson 105.00 10/08/2024 Museum Consignment Sales 167396 Bethany White 35.00 10/08/2024 Museum Consignment Sales 167397 Bitwarden, Inc.16,200.00 10/08/2024 Enterprise Organization Seat 2024 167398 Bud Clary Ford LLC 1,528.47 10/08/2024 Equipment Supplies 167399 Carol Cross 38.50 10/08/2024 Museum Consignment Sales 167400 Carquest Auto Parts 80.89 10/08/2024 Brake Pads 167401 Cascade Industrial Services 181,771.88 10/08/2024 Reservoir 6 Painting Project 167402 Central Machinery Sales Inc 48.00 10/08/2024 12" VH5 Blade 167403 Central Manufacturing Inc 591.60 10/08/2024 Asphalt Patches 167404 Centurylink 481.06 10/08/2024 Telephone Services 167405 Centurylink 336.58 10/08/2024 Water Shutoff Notifications 167406 Certified Folder Display Service, Inc 7,560.75 10/08/2024 LTAC Advertising 167407 Charles R Blanchard 192.50 10/08/2024 Museum Consignment Sales 167408 CHS Inc 73,489.06 10/08/2024 Fuel for Vehicles/Small Engines 167409 Cobies Fine Dry Cleaning 73.94 10/08/2024 Tailoring/Dry Cleaning 167410 Connell Oil 463.57 10/08/2024 DEF/Duradrive 167411 Consolidated Disposal Service 136.78 10/08/2024 Disposal Loads 167412 Consolidated Electrical Distributors Inc 1,743.93 10/08/2024 Electrical Supplies 167413 Copiers Northwest Inc 784.76 10/08/2024 Equipment Contract Fees 167414 Corporate Translation Services, LLC 72.22 10/08/2024 Translation Services 167415 Databar Inc 2,195.29 10/08/2024 Utility Billing Invoices 167416 Deborah Goodrich Chittenden 70.70 10/08/2024 Museum Consignment Sales 167417 Dept Of Labor & Industries 408.90 10/08/2024 LRC Elevator Permit 167418 Devries Information Mgmt 49.68 10/08/2024 On Site Record Destruction 167419 Divines Towing 1,871.14 10/08/2024 Towing Services 167420 Elizabeth Grimsrud 40.60 10/08/2024 Museum Consignment Sales 167421 EMS Technology Solutions, LLC 553.35 10/08/2024 RFID Tags 167422 Enterprise UAS, LLC 14,185.27 10/08/2024 Drone- High Crimes 167423 Esri Inc 30,814.00 10/08/2024 Enterprise Agreement 12/2024-12/2025 167424 Faber Industrial Supply 650.63 10/08/2024 Parts/Supplies 167425 Fastenal Company 170.89 10/08/2024 Parts/Supplies 167426 Ferguson Enterprises Inc #3007 391.43 10/08/2024 Parts/Supplies 167427 Fishingmagician.com 1,150.00 10/08/2024 LTAC Advertising COML Council Packet 10-22-24, Page 35 of 193 Check Name Check Amount Check Date Invoice Description 167428 Freshworks, Inc. 1989 11,681.56 10/08/2024 Freshservice Pro Annual 167429 Galls LLC 4,149.32 10/08/2024 Uniform PD/Fire 167430 GMP Consultants 7,670.00 10/08/2024 Interim City Mgr Services 167431 Grainger Parts Operations 595.76 10/08/2024 Parts/Supplies 167432 Grant Co Solid Waste 83,628.30 10/08/2024 Landfill Dumping Fees 167433 Grant County Animal Outreach 8,333.00 10/08/2024 October Contract Contribution 2024 167434 Grant County Treasurer 989.30 10/08/2024 Liquor Profits 9.30.24 167435 Grant County Treasurer 30,235.00 10/08/2024 2nd Half Property Taxes 2024 167436 Ground Works Three, LLC 7,061.35 10/08/2024 Rental @ Sleep Center October 2024 167437 H D Fowler Company 4,522.02 10/08/2024 Meter Parts 167438 H D Towing And Repair 651.00 10/08/2024 Towing Services 167439 Ibs Inc 72.07 10/08/2024 Shop Supplies 167440 Inland Body & Paint 14,515.51 10/08/2024 Repair Eq # 036 167441 Inland Pipe & Supply Company 2.23 10/08/2024 Japanese Garden PVC Supplies 167442 Jerrys Auto Supply 1,110.24 10/08/2024 Equipment Supplies 167443 Jims Lock Service LLC 9.55 10/08/2024 Key Blanks 167444 Kdrm/Kbsn 300.00 10/08/2024 Summer Concert Series Ad 167445 Keller Associates 10,305.00 10/08/2024 Wastewater Plan Pro Services 167446 Kelley Create 229.89 10/08/2024 Equipment Contract Fees 167447 Kottkamp & Yedinak, P.L.L.C.4,217.50 10/08/2024 Hearing Examiner Por Services 167448 Kris Chudomelka 27.65 10/08/2024 Museum Consignment Sales 167449 L N Curtis & Sons 279.94 10/08/2024 Small Equipment Supplies 167450 Lad Irrigation Company Inc 2,007.11 10/08/2024 Valley Rd Landscaping Supplies 167451 Leon & Keeble, Inc 102,190.85 10/08/2024 Larson Rec Center Pro Services 167452 Life -Assist, Inc.2,023.47 10/08/2024 Medical Supplies 167453 Localtel Communications 1,388.25 10/08/2024 Internet Services 167454 Martin Law LLP 18,016.13 10/08/2024 Water Remediation Services 167455 Martin Schempp 225.10 10/08/2024 Museum Consignment Sales 167456 McKesson Medical-Surgical 2,116.79 10/08/2024 Medical Supplies 167457 Med Tech Resource Inc 151.38 10/08/2024 Medical Supplies 167458 Michael Reed 112.70 10/08/2024 Museum Consignment Sales 167459 Mid-American Research Chem 1,464.74 10/08/2024 Deodorant Blocks 167460 Moon Security Services Inc 85.65 10/08/2024 Museum Security 167461 Moses Lake Steel Supply 978.52 10/08/2024 Steel Supplies 167462 Multi Agency Comm Center E911 69,185.23 10/08/2024 EMS/Law Calls October 2024 167463 Norco Enterprises Inc 58.70 10/08/2024 Truck Towels 167464 North 40 Outfitters 199.54 10/08/2024 Sprayers/Hose 167465 Northland Cable Television, Inc 99.95 10/08/2024 Internet Backup 167466 Northstar Chemical Inc 3,797.50 10/08/2024 Sodium Hypochlorite 167467 Northwest Barricades & Signs, LLC 42.32 10/08/2024 Vest 167468 NYS Child Support Prosessing Center 184.61 10/08/2024 Gilmartin Child Support 167469 Office of Financial Recovery 265.00 10/08/2024 Garnishment Torrey 167470 Oreilly Auto Parts 113.94 10/08/2024 Air Filters 167471 Outdoor Power & Repair 6.14 10/08/2024 Gasket-Rocker Cover 167472 Paramount Supply Company 844.77 10/08/2024 Ice Rink Chiller 167473 Parker Corporate Services, Inc 20,806.60 10/08/2024 September 2024 Security 167474 Pasco Tire Factory, INC 1,108.72 10/08/2024 Tire Disposal 167475 Platt Electric 612.40 10/08/2024 Electrical Supplies 167476 Pro Touch Car Wash & Auto Detail LLC 81.16 10/08/2024 Car Washes - August 2024 COML Council Packet 10-22-24, Page 36 of 193 Check Name Check Amount Check Date Invoice Description 167477 Quill Corporation 69.42 10/08/2024 HR Supplies 167478 Racom Corporation 190.53 10/08/2024 Ear Inserts 167479 Rells Fire Equipment Inc 1,947.18 10/08/2024 Hood Exhaust Inspection 167480 RH2 Engineering Inc.5,125.51 10/08/2024 On-Call Electrical Engineering Services 167481 Richland Research Corporation 1,156.38 10/08/2024 Free-Flow Blocks 167482 Sea Western Inc 1,411.95 10/08/2024 Bunker Gear 167483 Sebastian Moraga 513.00 10/08/2024 Museum Exhibits Flyers Translated 167484 Sherwin-Williams 511.77 10/08/2024 Paint 167485 Shooting Innovations 4,799.70 10/08/2024 Firearms Supplies 167486 Signs Now, LLC 439.62 10/08/2024 Back Graphics - Eq # 051 167487 Skaug Brothers Carpet One 3,428.60 10/08/2024 Glass Replacement & Installation 167488 Smarsh Inc 389.13 10/08/2024 Professional Archive September 2024 167489 Summit Law Group 18,786.04 10/08/2024 Arbitration Lawyer Fees 167490 Trojan Technologies 744.75 10/08/2024 Gasket Kits 167491 Uline 1,138.11 10/08/2024 Supplies 167492 Ups Freight 37.27 10/08/2024 Weekly Service Fees 167493 UPS Store 2469 151.56 10/08/2024 Postage 167494 Usps/Pb Postage By Phone 4,000.00 10/08/2024 Postage Refill 10.2024 167495 Util Undrgrnd Location Center 114.84 10/08/2024 Underground Locates August 2024 167496 Wa Cities Insurance Authority 251.50 10/08/2024 Large Deductible Program 167497 WA St Council Of FF Emp Ben 9,100.00 10/08/2024 August MERP 167498 Washington State Department of Ecology 11,237.00 10/08/2024 2025 Fee 167499 Washington State Patrol 312.50 10/08/2024 Backgrounbd Checks 167500 Waste Mgt Recycle America Inc 1,682.80 10/08/2024 Recycle Tipping Fees 167501 Weaver Exterminating Srvc Inc 227.85 10/08/2024 Semi-Annual Rodent Control 167502 Weinstein Beverage Company 143.53 10/08/2024 Water 167503 Whitney Equipment Company Inc 1,128.40 10/08/2024 Flow Rider Service 167504 Wilbur Ellis Company 1,848.58 10/08/2024 Pesticides 167505 William Hanley III 140.00 10/08/2024 Museum Consignment Sales 167506 Zoll Medical Corp 1,202.79 10/08/2024 Medical Supplies 167507 Columbia Basin Herald 1,880.00 10/09/2024 Advertising 167508 Michael D. Jackson 2,900.00 10/14/2024 Rent Reimbursement October 2024 167509 Dollie Boyd 242.00 10/15/2024 PNW History Conference 2024 869,292.40$ COML Council Packet 10-22-24, Page 37 of 193 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 20029 Brian Baltzell, Public Works Director Public Works 10/22/2024 Consent Agenda Operations Fire Sprinkler Repair Emergency Resolution City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 703.88$0.00$0.00$ Staff recommends City Council move to adopt a Resolution affirming the Public Works Director's declaration of an emergency related to the fire sprinkler system failure at the Operations Complex, Building 1, and approve, confirm and ratify any and all actions taken by the Public Works Director in connection with this emergency prior to October 22, 2024. 528-2024-07 Emergency Resolution.pdf 100.4KB On September 28, 2024, flooding was discovered in the shop and break room at the Operations Complex, Building 1. Upon inspection, staff determined the flooding was caused by a failed joint on the fire sprinkler system. The failed joint was the result of severe water hammering to the system. City staff repaired the joint but continual water hammering to the system, would result in reoccurring damage which would leave the fire sprinkler system inoperative. The installation of a pressure relief valve on the fire sprinkler system was determined as the best course of action to prevent further damage to the fire sprinkler system. The continual build-up of water pressure from the water hammering was an unforeseen circumstance beyond the control of the City, which created an emergency condition. Any further damage to the fire sprinkler system presented an immediate threat to the proper performance of essential safety function and would possibly result in material loss and damage to property or bodily injury or harm.The City is required, by law, to have an operational fire sprinkler system. The "Estimated Required" listed above is the invoiced amount. COML Council Packet 10-22-24, Page 38 of 193 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: There are sufficient unexpended monies available for the repair in the appropriate facilities management fund. Options and Results N/A N/A N/A COML Council Packet 10-22-24, Page 39 of 193 RESOLUTION NO. 3991 A RESOLUTION DECLARING THE EXISTENCE OF AN EMERGENCY AND WAIVING AND DISPENSING WITH THE STATUTORY COMPETITIVE BIDDING REQUIREMENTS. Recitals: 1. The City of Moses Lake is a code city operating under the authority of Chapter 35A.13 RCW. 2. The City, under Title 35A.11 RCW and RCW 35A.12.190, has “… any authority ever given to any class of municipality or to all municipalities of this state…” 3. The City has the authority to commence a public work without complying with the statutory bid requirements in an emergency situation under the authority given by RCW 35.22.620(6), RCW 39.04.280, and other Washington law. 4. On September 28, 2024, flooding was discovered in the shop and break room at the Operations Complex, Building 1. Upon inspection, staff determined the flooding was caused by a failed joint on the fire sprinkler system. The failed joint was the result of severe water hammering to the system. 5. City staff repaired the joint but continual water hammering to the system would result in reoccurring damage which would leave the fire sprinkler system inoperative. The installation of a pressure relief valve on the fire sprinkler system was determined as the best course of action to prevent further damage to the fire sprinkler system. 6. The continual build-up of water pressure from the water hammering was an unforeseen circumstance beyond the control of the City, which created an emergency condition. Any further damage to the fire sprinkler system presented an immediate threat to the proper performance of essential safety function and would possibly result in material loss and damage to property or bodily injury or harm. 7. The City is required, by law, to have an operational fire sprinkler system. 8. Complying with the statutory bid requirements would unnecessarily delay the repair and threaten the operation of the fire sprinkler system and cause property damage. 9.There are sufficient funds available to use in the appropriate facilities management fund to make the necessary repairs. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Moses Lake, Washington, that: 1.An emergency exists due to the recent flooding in the shop and it is imperative to prevent failure of the fire sprinkler system to preserve and protect the public’s health, safety, and welfare, and to prevent property damage. COML Council Packet 10-22-24, Page 40 of 193 2.Because an emergency exists, under the laws of the state of Washington, the statutory bid requirements are dispensed with and waived for the installation of the pressure relief valve to the fire sprinkler system caused by the recent flooding. 3.Quote packages shall be requested by contractors in the area that are capable and qualified to perform this public work. Contractors shall have a limited time to respond. The Public Works Director is authorized to approve the contract immediately after the quote opening and inform the City Council of the execution of the contract. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE on this 22nd day of October, 2024. _______________________________ Dustin Swartz, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 41 of 193 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 20056 Brian Baltzell, Public Works Director Public Works 10/22/2024 Consent Agenda Industrial Waste Discharge Permit No. 20 SGL Composites LLC 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 motion to authorize the Interim City Manager to execute the permit. SGL WWDP 2024.pdf 284.06KB SGL Composites, LLC is a significant user and is required to have an industrial waste discharge permit from Department of Ecology (DOE) and the City of Moses Lake. Attached is a copy of proposed Industrial Waste Discharge Permit No. 20 for SGL Composites, LLC. This permit will allow SGL Composites, LLC to continue to discharge to the City's Publicly Owned Treatment Work (POTW) for an additional five (5) years prior to renewal. None Options and Results The industry will continue to discharge their wastewater to the City's POTW. Staff will bring back options for recommended changes. The industry will have to pursue other options for their wastewater. COML Council Packet 10-22-24, Page 42 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 1 of 6 CITY OF MOSES LAKE INDUSTRIAL WASTE DISCHARGE PERMIT NO. 20 SGL Composites, LLC 8781 Randolph Road N.E. Moses Lake, Washington 98837 Effective Date: Expiration Date: Date of approval 2029 INTRODUCTION This wastewater discharge permit is hereby granted by the City of Moses Lake, Washington, referred to as the City, to SGL Composites, LLC referred to as the Permittee. This permit is issued in conjunction with the Washington State Department of Ecology Permit No.ST-0501273. This permit authorizes Permittee to discharge wastewater from the permittee’s Industrial Facility into the City’s POTW in accordance with the conditions contained within this permit. The permit becomes effective as of the date signed by the City. GENERAL CONDITIONS 1. All discharges and activities authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant not authorized by this permit shall constitute a violation of the terms and conditions of this permit. Whenever the Permittee refuses to take corrective action or continues a violation, the imposition of civil penalties or termination of this permit may result, or both. Termination of this permit may require disposal of the wastewater in some manner other than into the private sewer or to the City’s POTW, at the expense of the Permittee. 2. Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or local statutes, ordinances, or regulations. If the State’s Waste Discharge Permit requires more stringent limitations on discharge to the POTW, the State’s discharge permit shall take precedence; and, the requirements contained herein may be revised after written notice from the City. After written notice from the City is received, the Permittee has ten (10) business days to request a hearing before the City Council. The City will provide the Permittee an opportunity for a hearing before the City Council, if requested; and, depending on the magnitude of the changes, the Permittee, City, and DOE may negotiate a compliance schedule under which to make the changes necessary to come into compliance with the more stringent limits. 3. All facility changes that may result in a significant deviation in character of pollutants discharged to the POTW, from that herein specified, shall be reported to the City. Significant adverse deviations in character of pollutants shall be authorized by the City before discharge to the sewer system. No significant change shall be made until plans have been approved by the City, and a new or modified permit has been issued. No new connections, increased flows, or significant changes in wastewater characteristics are permitted that will cause violation of the effluent limitations specified herein. The diversion or bypass of any discharge from any pre-treatment facility utilized by the Permittee to maintain compliance with the terms of this permit is prohibited except where unavoidable to prevent loss of life or severe property damage. The procedure outlined in paragraph four (4) of these General conditions shall be followed in the event of such a diversion or bypass to the City’s POTW. COML Council Packet 10-22-24, Page 43 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 2 of 6 GENERAL CONDITIONS (continued) 4. In the event the Permittee is unable to comply with any of the conditions of this permit because of a breakdown of equipment or facilities, due to actions on the part of the Permittee, the Permittee shall perform the following actions: a. Immediately stop, contain, and clean up the unauthorized discharge and correct the problem. b. Immediately notify the City so steps can be taken to prevent damage to the POTW. c. Submit a written report within fifteen (15) business days of occurrence, describing the breakdown, the actual quantity and quality of the resulting waste discharge, corrective action taken, and the steps taken to prevent a recurrence. d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that can be demonstrated as attributable to such event. Any permit noncompliance constitutes a violation of chapter 13.05 of the Moses Lake Municipal Code and is grounds for enforcement action in accordance with that code. 5. Compliance with the above requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the conditions of this permit, or the resulting liability for failure to comply. 6. The Permittee shall adequately maintain and efficiently operate all treatment or control facilities or systems installed or used by the Permittee to achieve compliance with the terms and conditions of this permit. 7. After written notice of one of the following, the Permittee has ten (10) business days from the date of the notice to request a hearing before the City Council. If the City Council determines a violation has occurred, the permit may be amended, suspended, or revoked in whole or in part. a. Violation of any terms or conditions of this permit. b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts. c. A change in any condition that requires a permanent reduction or elimination of permanent discharge to the POTW. 8. The Permittee shall allow authorized representatives of the City to perform the following actions, at all reasonable times: a. Enter that portion of the premises by escort where an effluent source or disposal system is located or where records are required to be kept under the terms and conditions of this permit. b. Inspect monitoring equipment or monitoring methods required by this permit. c. Sample discharge of pollutants. d. Review test results and test methods. 9. This permit does not constitute authority for discharge into public waters of Washington State. Any such discharge by the Permittee shall be subject to applicable regulations administered by the Department of Ecology. 10. The costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's wastewater shall be borne by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance. 11. The Permittee shall make application for permit renewal at least 180 days prior to the expiration date of the permit. In the event that the City does not respond within the allotted 180 day period, the existing permit shall remain in force until the revised permit is issued. 12. The Permittee shall submit payment of fees associated with this permit as set forth in the fee schedule adopted by the City of Moses Lake. The City may revoke this permit if the permit fees are not paid. COML Council Packet 10-22-24, Page 44 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 3 of 6 Effluent Limits During the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow, concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed the maximum daily flow of ( 5,000 ) gallons per day. The effluent limitations for the discharge to the POTW are shown in Table 1: Effluent Limits Outfall 001 (Facility’s Sampling Manhole). Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses Lake Municipal Code. In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment and storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTW complies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, the Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achieved by the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations. Beginning on the issuance date and lasting thru the expiration date of this permit, the Permittee is authorized to discharge wastewater to the City of Moses Lake POTW subject to the following limitations: Discharge Limits TABLE 1: Effluent Limits Outfall 001 (Facility Sampling Manhole) Parameter MLMC 13.05.070 Limits Monthly Average Maximum Daily a Flow NA NA gallons per day 5,000 gallons per day BOD5 300 mg/l NA 13 lbs/day Fats, Oil & Grease (FOG) 100 mg/l NA 4 lbs/day Total Suspended Solids (TSS) 350 mg/l NA 14 lbs/day Parameter Minimum Maximum pH 6.0 11.0 Temperature NA 104°F Color NA 100 c.u. a. Maximum Daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. For color and pH, the daily discharge is the average measurement of the pollutant over the day. For temperature, no single measurement shall exceed 104°F. COML Council Packet 10-22-24, Page 45 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 4 of 6 Monitoring Requirements The Permittee shall monitor the wastewater and production according to the following schedule in Table 2: Monitoring Requirements Final Wastewater Effluent Outfall #001 (POTW). Table 2: Monitoring Requirements Final Wastewater Effluent Outfall #001 (POTW) Parameter Units Sampling Frequency Sample Type Flow, (Maximum Daily) Gallons/day (GPD) Continuous a Metered BOD5 (Max. Daily) lbs/day e 1/quarter d 24-Hour Composite c FOG (Max Daily) lbs/day e 1/quarter d 24-Hour Composite c TSS (Max Daily) lbs/day e 1/quarter d 24-Hour Composite c pH (Minimum; Maximum) f Standard Units 1/week g Grab Sample b Temperature °F monthly Grab Sample b Color Color Units monthly Grab Sample b a Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repair or maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible. b Grab means an individual sample collected over fifteen (15) minute, or less period of time. c 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device. d 1/quarter means that samples shall be taken at least 1 time in each of the 4 quarters of the year. (Jan, Feb, March) (April, May, June) (July, Aug, Sept) (Oct, Nov, Dec) and can be taken to coincide with the State permit requirements. e Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day: [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. This does not apply to pH. f The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values. g 1/week means one (1) during each calendar week and on a rotational basis throughout the days of the week, except weekends and holidays. SURCHARGE SCHEDULE If Maximum Daily Effluent Limits for TSS, BOD5, or FOG from Table 1 are exceeded during the month, a surcharge will be added to that monthly billing statement, and the Permittee will provide a proposal for review by the City of Moses Lake Wastewater Manager to demonstrate how the effluent will be reduced to permitted levels. Failure to reduce the effluent to permitted levels will constitute a violation of this permit. Surcharge rates are shown in Table 3: Surcharge Schedule. Table 3: Surcharge Schedule c Parameter Base Rate a Base Rate X 1.5 b Base Rate x 2 b Base Rate x 4 b Base Rate x 6 b BOD5 13 >13 lbs/day >25 lbs/day >38 lbs/day >51 lbs/day FOG 4 >4 lbs/day >7 lbs/day >11 lbs/day >15 lbs/day TSS 14 >14 lbs/day >27 lbs/day >41 lbs/day >55 lbs/day a Sewer rates are subject to change; but, the surcharge rates will remain unchanged for the duration of the Permit. b A surcharge will accrue when any one parameter has exceeded the limit, and the surcharge will be applied to the monthly statement at the highest rate calculated from Table 3. c The base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The base rate may be obtained by contacting Utility Billing at 509-764-3719. The base rate is subject to change whenever the fee schedule is revised by the City Council. The monthly surcharge will be calculated using the monthly averages. COML Council Packet 10-22-24, Page 46 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 5 of 6 Reporting and Record Requirements The Permittee shall monitor and report in accordance with the conditions set forth in this permit. Falsification of the information submitted to Ecology or to the City of Moses Lake is a violation of the terms and conditions of this permit. Monitoring Results required by this permit shall be submitted on or before the 15th day of the month following the sampling period. A copy of the Discharge Monitoring Report (DMR) in Ecology “Paris” format will be accepted so long as it is accompanied by the electronic signature form. A notification can be set up through the Ecology “Paris” site to automatically notify City of Moses Lake when the DMR is submitted. This is the preferred method to receive monitoring reports. If you choose to submit monitoring results, please email all reports to the following address wastewater@cityofml.com. Waste Preventative Practices Waste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are not limited to the following: a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normal business hours and in the event of an emergency. b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, and shall be subject to periodic inspection by the City. c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment and storage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall be available to meet with the City on any matter related to the wastewater discharge to the POTW. d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear. Permittee shall not be jointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of all liability directly attributable to Permittee’s waste discharge. Liability for damages may include damages to the sewage collection system, pump stations, sewage treatment plant, and degradation of receiving water. e. The following requirements shall apply: In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately notify the Public Works-Operations Division at 509-764-3951. Reporting Permit Violations The Permittee shall take the following actions when either the City permit or the State permit conditions are violated: a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and correct the cause of the problem. b. Contact the City of Moses Lake within 24-hours by phone or E-mail. If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations. City Contact Information 1. Public Works-Operations Division (24-hour) 509-764-3951 2. After Hours Service (4:00 p.m. – 8:00 a.m.) 509-764-3951 3. Chris Campbell, Wastewater Division Manager 509-764-3965 or ccampbell@cityofml.com 4. Emergency Call 911 Permittee’s Contact Information The Permittee authorizes the following personnel to be contacted regarding this permit. 1. DMR Contact: Gregory Pincelli, PE Greg.Pincelli@sglcarbon.com 2. Facility Contact: (Site Manager) Dr. Oliver Weigenand Oliver.Weigenand@sglcarbon.com The Permittee shall notify the City whenever the contract shown is revised. COML Council Packet 10-22-24, Page 47 of 193 SGL Composites, LLC mm: 10/08/2024 Industrial Waste Discharge Permit NO. 20 Page 6 of 6 GLOSSARY City: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives. Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. The sample may be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant volume at time intervals proportional to stream flow); or collected by increasing the volume of each aliquot as the flow increased while maintaining a constant time interval between the aliquots. Constituent: Any of the pollutants or potential pollutants found in the wastewater. Effluent Limits: Flow, concentration, pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee. Monitoring: The program of flow and constituent determination outlined to ensure compliance with the effluent limitations and to define the flow and constituent levels in an expanded scope for the wastewater discharged to the POTW. Permittee: SGL Composites, LLC POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake. Wastewater: Water discharged as a by-product of any of the various industrial processes. In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives. CITY OF MOSES LAKE Public Works Department 321 S. Balsam Street P. O. Drawer 1579 Moses Lake, WA 98837 Date _______________ By: _____________________________________ City Manager SGL Composites, LLC 8781 Randolph Road N.E. MOSES LAKE, WASHINGTON 98837 Date ________________ By: ____________________________________ Plant Manager COML Council Packet 10-22-24, Page 48 of 193 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Fiscal and Policy Implications To: Mike Jackson, Interim City Manager From Dave Sands, Chief For Agenda of: 10/22/2024 Agenda Item Number: 19656 Department Police Proceeding Type Old Business Subject MLMC 12.36 Park Exclusions and Identification Amendment Ordinance 3057 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ No motion requested. First presentation for discussion only. Proposed Change to MLMC 12.36.020 and 080 Overview Changes to MLMC 12.36.020 include a new definition for Activity Trails and removes lists of park names to eliminate need for continuous Code updates. Currently under MLMC 12.36.080, officers are authorized to exclude subjects from a city park for “up to” 7 days for any violation of rules or laws. A subsequent exclusion within one-year results in a mandatory 90-day period, and a third exclusion would be for a mandatory 1-year period. If the exclusion is for a felony crime or weapon offense the subject is excluded for one year. A subject that is excluded for a period longer than 7 days may appeal directly to the City Manager. This means a second exclusion is automatically appealable. In an effort to give officers more options in dealing with behaviors occurring in our parks, and to make the appeal process less cumbersome, the Police Department proposes the addition of another exclusion step. The first exclusion period would not exceed 3 days. The subsequent offenses would remain as "not to exceed" 7-days, then 90 days, and 1 year exclusions for subsequent offenses within the year. The opportunity to appeal any exclusion beyond 7 days would remain, but we suggest the appeal would be more appropriately heard by the Parks, Recreation, and Cultural Services Director responsible for the parks where the exclusions would occur. While a small change, we feel this extra exclusion step not only allow us more latitude in dealing with behaviors but will also make any criminal enforcement of the State Criminal Trespassing statute more enforceable and effective. There is no additional costs associated with this. The additional level of exclusion before the appeal process is triggered, may actually save administrative costs in the long run.COML Council Packet 10-22-24, Page 49 of 193 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: n-a n-a n-a Options and Results COML Council Packet 10-22-24, Page 50 of 193 ORDINANCE 3057 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTIONS 12.36.020 “IDENTIFICATION OF PARKS AND 12.36.080 “PARK EXCLUSION” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Section 12.36.020 of the Moses Lake Municipal Code titled “Park” is amended as follows: 12.36.020 Identification of Parks: Parks are identified as any existing or future city parks. The City will maintain a current list of all parks accepted by City Council at the Parks Recreation and Cultural Services Administrative Office. Parks shall be classified as “activity trails”, “passive” or “active” parks as follows A.Activity Trails – A path of travel for recreation and/or non-motorized transportation within apark, natural environment or corridor that is not classified as a highway road or street. B.Passive Parks - Such parks shall be used for rest and relaxation and shall not be used for any organized or competitive sports activities. Passive Parks Ahlers Park Hayden Park Juniper Park Civic Center Park Japanese Peace Garden and Park Laguna Park Gillette Park John E. Calbom Island Park Marina Park CB. Active Parks - Such parks shall be used for a variety of activities, including organized and competitive sports activities subject to a park use permit or facilities use agreement authorized by the city council. Active Parks Blue Heron Park Lakeview Park Paul Lauzier Athletic Complex Carpenter Park Larson Playfield Peninsula Park Cascade Park Lower Peninsula Park Power Point Park Crossroads Park McCosh Park Skate Park Harrison K. Dano Park Montlake Park Vista Park Knolls Vista Park Neppel Landing Yonezawa Park Section 2. Section 12.36.080 of the Moses Lake Municipal Code titled “Park Exclusion” is amended as follows: COML Council Packet 10-22-24, Page 51 of 193 12.36.080 Park Exclusion A.The Police Chief or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park, anyone who within a city park: 1. Violates any provision of this chapter; or 2. Violates any park rule; or 3. Violates any provision of the Moses Lake Municipal Code or Revised Code of Washington. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the Police Chief or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B.If the offender: 1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the violation and the current violation is not a felony violation or weapon violation, then the Police Chief or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven three days from the date of the exclusion notice. 2. Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of ninety seven days from the date of the exclusion notice. 3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a felony violation or a weapon violation, then the Police Chief or his/her COML Council Packet 10-22-24, Page 52 of 193 designee shall exclude the offender from any or all city parks for a period of one year ninety days from the date of the exclusion notice. 4. Has been the subject of two or more prior exclusion notices issuedwithin one year prior to the current violation, or if the current violation is a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice. C.The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. D.An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be the City Manager Director of Parks Recreation and Cultural Services. The request for a hearing shall be delivered to the Police Chief or postmarked no later than seven days after the issuance date of notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven days after the Police Chief receives the request for hearing. The Police Chief or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing. E.At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered COML Council Packet 10-22-24, Page 53 of 193 without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy. F.If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection B of this section. G.The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Grant County Superior Court with fourteen days of the date of that decision. H.The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. I.No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. J.This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 can be corrected without resort to an exclusion notice. Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on Month dd, 20xx. COML Council Packet 10-22-24, Page 54 of 193 ________________________________________ Dustin Swartz, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: <Monday after Council> Date Effective: (Saturday/5 days later) COML Council Packet 10-22-24, Page 55 of 193 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 20054 Katherine Kenison, City Attorney Administration 10/22/2024 Old Business LKQ Development Agreement Extension Ordinance City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends City Council move to adopt an ordinance extending the date for execution of the LKQ Auto Parts, Inc., Development Agreement an additional 30 days to November 30, 2024. LKQ DA second ordinance.docx 28.07KB The City Council adopted Ordinance No. 3049 on August 27, 2024, which approved the LKQ Foster Auto Parts, Inc., development agreement provided it was executed on or before October 31, 2024. The developer has requested an extension of time for execution in order to complete the property financing and acquisition thereof. They are requesting an additional 30 days which, if approved, will require the adoption of the attached ordinance. The attached ordinance extends the deadline to November 30, 2024 and repeals/replaces Ordinance No. 3049. None Options and Results Approve as written and extend the execution date Provide for a different execution date; staff will bring back options for recommended changes. COML Council Packet 10-22-24, Page 56 of 193 No Action Taken: The LKQ Auto Parts, Inc., Development Agreement will not be executed and the development will not proceed as anticipated. COML Council Packet 10-22-24, Page 57 of 193 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, APPROVING THE LKQ FOSTER AUTO PARTS, INC. DEVELOPMENT AGREEMENT Recitals: 1. The City is a non-charter optional code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development agreements to promote the health, safety, and welfare of its citizens. 2. The City has the authority to enter into Development Agreements pursuant to RCW 36.70B.170 which provides: a. The Legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage public participation and comprehensive planning, and reduce the economic cost of development. 3. Pursuant to RCW 36.70B.200, the City Council conducted a public hearing on August 27, 2024, for the proposed Development Agreement at its regularly scheduled meeting. 4. The City and the Applicant have reached agreement regarding the terms and conditions of a Development Agreement related to the development of the Project, which Development Agreement, together with its Exhibit A, is attached hereto and incorporated herein. NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Public Interest. The City Council for the City of Moses Lake, Washington finds, following a public hearing process, that it is in the public interest for the City or Moses Lake to approve the Development Agreement with LKQ Foster Auto Parts, Inc. Section 2. Development Agreement Approved. The City Council for the City of COML Council Packet 10-22-24, Page 58 of 193 Moses Lake hereby approves the LKQ Foster Auto Parts, Inc. Development Agreement (“Agreement") attached herein as Exhibit A and authorizes the Interim City Manager to execute the Agreement substantially in the form attached on or before November 30, 2024, and to lake such other actions as may be necessary to effect this Agreement. Section 3. Compliance with other law. Nothing in the Ordinance shall be construed as excusing the Applicant from compliance with all federal, state, or local statutes, ordinances, or regulations applicable to this development other than expressly set forth herein. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s / clerical errors, references, ordinance number, section/subsection numbers and any thereto. Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Section 7. Repeal and Replace. This ordinance shall repeal and replace Ordinance No. 3049 in its entirety. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 22, 2024. _____________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 10-22-24, Page 59 of 193 APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: Date Effective: COML Council Packet 10-22-24, Page 60 of 193 Council Staff Report To: From For Agenda of: Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Mike Jackson, Interim City Manager Doug Coutts, Director 10/22/2024 Agenda Item Number: 19974 Department Parks, Recreation, and Cultural Services Proceeding Type New Business Annual Review and Approval of LTAC Recommendations City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 650,910.00$650,910.00$650,910.00$ Staff recommends City Council move to approve the 2025 Lodging Tax Advisory Committee (LTAC) funding recommendations. LTAC Applicants 2024-2025 PDF 45.15KB COML Council Packet 10-22-24, Page 61 of 193 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Moses Lake Lodging Tax Advisory Committee (LTAC) met on October 3, 2024, to receive presentations from 2025 applications for funding support for eligible groups and organizations that have positive impacts on tourism in the greater Moses Lake area. The LTAC met the following week – October 7, 2024 – to finalize its recommended awards. The funding source is the hotel/motel tax that the City of Moses Lake receives from the State of Washington. The LTAC members considered all applications in accordance with the LTAC General Guidelines documents with specific attention to the Project Evaluation Criteria portion of the Guidelines. Spreadsheets follow which identify the groups and the recommended funding amounts. The Lodging Tax is an excise tax authorized by State law in RCW 67.28, Public Stadium, Convention, Arts and Tourism Facilities. The City of Moses Lake has imposed an excise tax on charges for lodging by hotels, motels, and similar business enterprises, pursuant to Chapter 82.08 RCW. In Moses Lake the total tax on lodging is 4% (this includes the original 2% sales tax credit and the additional 2% special excise tax). One of these collections is dedicated to support events, activities, and marketing campaigns that generate tourism, while the second collection is dedicated to capital projects. As required by RCW 67.28.1817, the LTAC provides recommendations for awards from both collections. The Lodging Tax Advisory Committee is chaired by Council Member Victor Lombardi and by state law has positions for two generators of the hotel-motel tax and two potential recipients. Those participating in the meetings to get to the recommendation were Council Member Lombardi, Tim Molitor (representing a tax generator), Rich Hanover and Barry Lawson (both representing potential recipients, the Port and DMLA). Jessica Sanchez (representing a tax generator) was unable to attend the meetings. Each of Ms. Sanchez, Mr. Molitor, Mr. Hanover, and Mr. Lawson have expressed interest in being reappointed to the LTAC. Staff anticipates having full membership on the LTAC next year for the 2025 application cycle. By law, the City Council must concur with the recommendations of the LTAC. Should the City Council wish to change an allocation, that recommendation needs to go back to the LTAC for consideration. For 2025, 29 applications were received and reviewed; with all applications being recommended for at least a portion of their requested funding. The LTAC fund increased the amount of funding for events and projects by $125,000 while continuing to pay the debt service on past projects and maintaining the practice of setting aside 15% of current year's revenue for a future capital project. In 2024, the City received a total of 23 applications and funded $540,800 worth of events and projects. For 2025, the LTAC recommendations are for 29 applications for a total of $650,910. The City of Moses Lake has established a special revenue fund titled “Tourism Activities Fund” to account for the lodging tax receipts and related tourism promotion expenditures. As set forth in RCW 67.28.1816, the revenues received from the City’s hotel/motel tax may be used for the following purposes only: 1. Tourism marketing; 2. Marketing and operations of special events and festivals designed to attract tourists; 3. Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a Public Facilities District; or 4. Operations of tourism-related facilities owned or operated by non-profit organizations. As detailed above, the current operational model of the City is that 2% of the funding is reserved for tourism events, activities, and marketing, and the other 2% is reserved for capital project support. A reserve has been established by the LTAC to fund a future capital project. These are 2025 funds that are a part of the proposed 2025 budget. Options and Results Staff will process contracts for approved funding. The recommendation will be remanded to the Lodging Tax Advisory Committee for consideration. Lodging Tax Grants will not be awarded. COML Council Packet 10-22-24, Page 62 of 193 Organization Name Event Name & Date 2024 Funded* 2025 Request 2025 LTAC Recommendation (LTAC's 2%) City's 2% - 2025 Comments: Columbia Basin Allied Arts Sip & Stroll - Art & Wine Walk 3,000$ 5,000$ 3,000$ Sip & Stroll Funding/Art on 3rd/Busiest day downtown-Artists contractsand production of Art on Third/Rentals and Marketing Columbia Basin Allied Arts UMANI Fest 5,000$ 15,000$ 6,000$ Umani Festival Funding-Artist contracts/Marketing/Production costs-No tents Columbia Basin Allied Arts Premier Performances 7,500$ 12,000$ 8,000$ Concert season Funding-Artist contracts/Marketing/Production costs Central Basin Comm Concert Series2024 Concerts 7,500$ 7,500$ 7,500$ Musician fees/production fees/advertising to tourist regions/general operations that support tourists Columbia Basin Rodeo Assoc Moses Lake Roundup Rodeo and Demo Derby30,350$ 80,000$ 59,000$ Advertising-$22,000/t-shirts with ads-$9,000/Website revamp $15,000/Social Media-$7,000/Rodeo Program Project-$6,000/Scoreboard-$21,000 City of Moses Lake Frosty Finds Flea Market and Appraisal Fair-$ 2,000$ 2,000$ Print, radio, and social media advertising of the concert series in Tri-cities, wneatchee, and Spokane areas City of Moses Lake Datafy renewal 2025 16,881$ 18,500$ 9,000$ 9,500$ Renewal of the Datafy Software if desired in 2025 City of Moses Lake Moses Lake Fountain Renovation -$ 36,480$ 36,480$ Funds will be used to repair the Iconic Moses Lake Fountain to prepare for re-launch into the Lake in 2025 City of Moses Lake Music Licensing Services 1,419$ 3,000$ 1,500$ 1,500$ Funds will be used to pay music licensing fees for the City facilities City of Moses Lake Red, White and BOOM!30,000$ 31,000$ 31,000$ Fireworks and Advertising City of Moses Lake Summer Concert Series Advertising -$ 6,000$ 6,000$ Print, radio, and social media advertising of the concert series in Tri-cities, wneatchee, and Spokane areas City of Moses Lake Visitor Information Center Souvenir Restock2,000$ -$ -$ -$ previous year funding was to Establish the VIC-This is for a VIC re-stock on souvenirs City of Moses Lake Tourism Marketing Campaign 110,000$ 109,789$ 109,789$ Tourism campaign Grant County Fairgrounds MoraVida Fest 10,000$ 25,000$ 10,000$ Marketing, entertainment and cultrual enhancement of the event Grant County Fairgrounds Grant County Fair 35,000$ 75,000$ 40,000$ Supplement marketing and entertainment budget Grant County Fairgrounds 90's Flannel Fest 12,626$ 35,000$ 13,000$ Marketing, Entertainment and operations Manta Rays Capital Projects -$ -$ -$ -$ Not Funded-High School Pool improvements Manta Rays Christmas Open -$ 1,900$ 1,900$ Custodial Services and facility Rental Manta Rays IES Junior Champs -$ 14,350$ 14,350$ Custodial services, awards, hospitality expenses, and facility Rental Manta Rays Sizzlin Summer Splash 12,880$ 12,900$ 12,900$ Custodial services, awards, hospitality expenses, and facility Rental Manta Rays Sprint Shootout 2,920$ 3,550$ 3,550$ Custodial services, awards, hospitality expenses, and facility Rental Manta Rays Swim Clinic with and Olympian -$ 9,250$ 9,250$ Clinician appearnace fee, custodial services and facility Rental Manta Rays Thankswimming Open 5,592$ 7,475$ 7,475$ Custodial services, awards, hospitality expenses, and facility Rental Manta Rays Tony St. Onge Memorial Open 4,183$ 5,750$ 5,750$ Custodial services, awards, hospitality expenses, and facility Rental Master Gardeners Foundation 2024 Columbia Basin Eco-Gardening Symposium2,000$ -$ -$ -$ Symposium expenses Moses Lake Chamber of CommerceSupport to City of Moses Lake VIC -$ 6,000$ 4,000$ Mailings to tourists/Welcome packet-All new materials to be designed or approved by L. Lynch-Branding reasons Moses Lake Spring Festival Moses Lake Spring Festival 70,000$ 50,000$ 25,000$ 25,000$ Advertising/artists fees Moses Lake BMX Association Capital Projects and State Qualifier Race40,849$ 41,966$ -$ 41,966$ Purcahse of ecology blocks/equipment rental/fencing/Dirt Trendz-Contract $39,966 and State Qualifier race expenses $2,000 Moses Lake Youth Hockey AssociationCurrent and Future Winter Youth Hockey41,100$ 53,200$ -$ 51,500$ $18250 elevated bleacher system/$17250 Scoreboards/$16000 tournament fees (total is $51,500 ) Sand Scorpions Bounty Hole & Freestyle Mud Trucks 40,000$ 45,000$ 45,000$ Materials/operating costs/increasing entertainment Visit WA Moses Lake Airshow 50,000$ 50,000$ 50,000$ Offset Operating Costs Columbia Basin Cancer FoundationCraft Out Cancer 2,500$ -$ -$ -$ Event Canceled TOTALS:540,800$ 762,610$ 449,964$ 200,946$ $36 (946)$ Budget remainder COML Council Packet 10-22-24, Page 63 of 193 Organization Name Event Name & Date 2024 Funded* 2025 Request 2025 LTAC Recommendation (LTAC's 2%) City's 2% - 2025 Comments: Manta Rays 25,575$ 55,175$ $126,118 $82,492 2024-2025 actual available $126,154 $81,546 2024/2025 Available-(Beyond budget) COML Council Packet 10-22-24, Page 64 of 193 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 19937 Brian Baltzell, Public Works Director Public Works 10/22/2024 New Business MLMC 13.08 Water and Sewer Reimbursement Repeal Ordinance 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 motion to adopt the ordinance as presented. MLMC 13.08 WATER AND SEWER ORD REMOVAL.docx 24.42KB Staff conducted a review of the Moses Lake Municipal code 13.08 and discovered several items referencing reimbursements for water and sewer improvements installed with City funds that, after further research, are determined to be expired. Staff requests the items be repealed from the current Municipal Code. RCW 35.91.020 limits the enforcement period of a reimbursement contract between the City and the developer for a period not to exceed twenty (20) years from the date that City Council accepts the utility improvements. Fees associated with the attached reimbursements will not be collected from future connections. Options and Results Municipal Code will be updated and expired reimbursement items removed. Staff will bring back options for recommended changes. Expired reimbursement items will remain in the Municipal Code. COML Council Packet 10-22-24, Page 65 of 193 COML Council Packet 10-22-24, Page 66 of 193 ORDINANCE NO. 3059 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 13.08 TITLED “WATER AND SEWER CONNECTIONS” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following sections of Chapter 13.08 are hereby repealed in their entirety: 13.08.041 titled ‘Main Connection Charges- Installed Along Valley Road’ 13.08.042 titled ‘Main Connection Charges - Installed Along Wapato Drive, Lakeside Drive, Pennivy Drive, and Other Areas’ 13.08.043 titled ‘Water Main Connection Charges - Installed Along Wheeler Road’ 1308.044 titled 'Water Main Connection Charges - Marina Drive, Nelson Road, and Juniper Drive’ 13.08.045 titled ‘Water Main Connection Charges - Marina Drive and Juniper Drive’ 13.08.046 titled ‘Main Connection Charges – Highway 17’ 13.08.051 titled ‘Main Connection Charges - Installed along South Alder Street’ 13.08.081 titled ‘Water Main Connection Charges – Installed along Kittelson Road and Road ‘L’ NE’ 13.08.089 titled ‘Water Main Connection Charges - Broadway Water Main Extension Project-2001’ 13.08.090 titled ‘Main Connection Charges - Installed Along Nelson Road, Clover Drive, and West Broadway’ 13.08.091 titled ‘Water Connection Charges - 1993 Street Improvement Project’ 13.08.092 titled ‘Water Connection Charges - Central Drive Road and Utility Construction Project’ 13.08.093 titled ‘Water Connection Charges - Sewer and Water Line Project – 1997’ 13.08.094 titled ‘Water Main Connection Charges - Yonezawa Boulevard Project- 2000’ 13.08.096 titled ‘Water Main Charges - Installed as part of the Interlake Reconstruction Project’ 13.08.097 titled ‘Main Connection Charges - Installed Along Wheeler Road’ 13.08.098 titled ‘Main Connection Charges - Lakeshore/Peninsula Reconstruction’ 13.08.099 titled ‘Main Connection Charges - Marina Drive’ 13.08.151 titled ‘Sewer Connection Charges – Laguna Drive Extended’ 13.08.152 titled ‘Sewer Connection Charges – Basin Homes’ 13.08.153 titled 'Sewer Connections Charges – 1993 Street Improvement Project’ 13.08.154 titled 'Sewer Connection Charges – Central Drive Road and Utility Construction Project’ COML Council Packet 10-22-24, Page 67 of 193 13.08.155 titled 'Sewer Connection Charges – Sewer Line Along Block Street’ 13.08.156 titled 'Main Connection Charges – Installed along South Alder Street’ 13.08.159 titled 'Sewer Main Connection Charges – Yonezawa Boulevard Project – 2000’ 13.08.164 titled ‘Sewer Connection Charges – Lakeshore/Peninsula Reconstruction’ 13.08.165 titled ‘Sewer Connection Charges – Marina Drive and Nelson Road’ 13.08.166 titled ‘Sewer Main Connection Charges – Boyle Street’ 13.08.167 titled ‘Sewer Connection Charges – Marina Drive Reconstruction’ 13.08.168 titled 'Sewer Connection Charges – Central Drive, Kinder Road, And Stratford Road’ 13.08.169 titled ‘Side Sewer Connection Charges – Central Drive, Kinder Road, And Stratford Road’ 13.08.170 titled ‘Sewer Main Charges – Installed as part of the Interlake Reconstruction Project’ Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 22, 2024. ________________________________ Dustin Swartz, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ______________________________ Debbie Burke, City Clerk Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote Date Published: __________________ Date Effective: __________________ COML Council Packet 10-22-24, Page 68 of 193 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 20090 Vivian Ramsey, Interim Comm Dev Director Community Development 10/22/2024 New Business Revised Sleep Center Management 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 Interim City Manager to sign the previously approved contract between HopeSource and the City of Moses Lake to operate the Open Doors Sleep Center through September 2025 with allotted Emergency Housing Funds awarded by Grant County. This contract was previously approved on July 23, 2024. CITY OF MOSES LAKE HOPESOURCE ODSC Contract 2024 Final.pdf 345.87KB 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 47.31KB EXHIBIT D- CHG Guidelines.pdf 2.59MB OriginalHopeSource ODSC Contract 2024-2025.pdf 897.8KB COML Council Packet 10-22-24, Page 69 of 193 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: City Council previously approved the Grant agreement between the City of Moses Lake and HopeSource for the management and utilization of awarded Grant Funds. After HopeSource reviewed the contract, there were verbiage edits that needed to be updated. The main components of the contract including scope of services, budget requirements, administrative requirements, and general conditions remained unchanged. However, as stated, verbiage was revised due to clarifying operational management roles and facility management roles. The proposed changes to the contract are as follows: 1. Removing Coordinated Entry intake as HopeSource can process these as referrals and not actively intake participants at the Sleep Center 2. Notifications and timeliness of reporting requirements 3. Clarification on Operational responsibility for ADA compliance 4. Extension of termination for convenience from 10 to 30 days The City has accepted a new award of $585,000 to continue operating the sleep center through 2025. This Emergency Housing Fund award is what will be used to cover the costs of this service contract between the City of Moses Lake and HopeSource. No amendments have been made to this operating budget. 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 10-22-24, Page 70 of 193 1 | Page Open Doors Sleep Center Management & Emergency Housing Funds Utilization Contract Table of Contents Page No. Cover Sheet 1 Contract 2-13 Signatures 14 EXHIBIT A- 5YEAR Grant County Plan to end Homelessness 15 EXHIBIT B- EHF Budget 16 EXHIBIT C- Administrative Policy & ODSC Rules 17 EXHIBIT D- CHG Guidelines 18 COML Council Packet 10-22-24, Page 71 of 193 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 1. 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 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. COML Council Packet 10-22-24, Page 72 of 193 3 | Page 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. 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 for the emergency shelter; monitoring and evaluating program participant progress; providing updates as needed; and providing referrals to other providers. 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. 2. The Sub-Grantee agrees to provide outreach to the City’s chronically homeless population for the purposes of assessing the need for services and connect individuals to the appropriate resources within the community. These services may include but are not limited to; housing placement, emergency and mental health services, transportation, services for special populations, as well as rapid-rehousing, and prevention services. 3. Sub-Grantee agrees to be subject to the Department of Commerce Grant guidelines incorporated herein by reference as may hereafter be amended. 4. 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. COML Council Packet 10-22-24, Page 73 of 193 4 | Page 5. 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. II. The following reporting/administrative activities are included as part of the Scope of Services: A. 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. B. 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. Timely notice and requirements of reporting shall be given to Sub-Grantee to adequately prepare reports. C. Grantor Meetings: The Sub-Grantee agrees to send at least one agency representative to all mandated Grantor meetings unless specifically exempted. These notifications will be provided in a timely manner to ensure the Sub-Grantee can adequately prepare and attend all necessary meetings. D. 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 COML Council Packet 10-22-24, Page 74 of 193 5 | Page 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. 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 COML Council Packet 10-22-24, Page 75 of 193 6 | Page 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. VII. 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 follow: 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- COML Council Packet 10-22-24, Page 76 of 193 7 | Page 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. 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 COML Council Packet 10-22-24, Page 77 of 193 8 | Page 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. 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. 10.State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW B. American with Disabilities Act ADA of 1990 Public Law 101-336 also referred to as the “ADA” 28 CFR Part 35: The Sub-Grantee must operate in compliance with the provisions of 28 CFR Part 35 and the Americans with Disabilities Act (ADA), which ensures comprehensive civil rights protections for individuals with disabilities in employment, COML Council Packet 10-22-24, Page 78 of 193 9 | Page public accommodations, state and local government services, and telecommunications. While the Subgrantee is committed to operational compliance with the ADA, the responsibility for ensuring the facilities are ADA compliant lies with the City. 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 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 COML Council Packet 10-22-24, Page 79 of 193 10 | Page 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. 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 COML Council Packet 10-22-24, Page 80 of 193 11 | Page 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 thirty (30) business days written notice, beginning on the second day after mailing, terminate this 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. COML Council Packet 10-22-24, Page 81 of 193 12 | Page 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 Consolidated Homeless Grant, or other Grant funding, 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 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. COML Council Packet 10-22-24, Page 82 of 193 13 | Page 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 606 W. 3rd Ave. 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 10-22-24, Page 83 of 193 14 | Page IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF MOSES LAKE HOPESOURCE Name: Mike Jackson Name: Susan Grindle Title: Interim City Manager Title: CEO Fed. ID # 91814544 Attest: Name: Title: COML Council Packet 10-22-24, Page 84 of 193 EXHIBIT A PAGE 14 GRANT COUNTY PLAN TO END HOMELESSNESS December 2019 – December 2024 Updated: June 1, 2020 COML Council Packet 10-22-24, Page 85 of 193 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 10-22-24, Page 86 of 193 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 10-22-24, Page 87 of 193 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 10-22-24, Page 88 of 193 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 10-22-24, Page 89 of 193 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 10-22-24, Page 90 of 193 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 10-22-24, Page 91 of 193 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 10-22-24, Page 92 of 193 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 10-22-24, Page 93 of 193 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 10-22-24, Page 94 of 193 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 10-22-24, Page 95 of 193 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 10-22-24, Page 96 of 193 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. Commented [LM1]: We can use this clause as temporary use rules for outside posting COML Council Packet 10-22-24, Page 97 of 193 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. The City can allot temporary use to facilitate for designated resource 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 Commented [LM2]: Inserted this clause COML Council Packet 10-22-24, Page 98 of 193 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 Commented [LM3]: Suggestions on this- what about service providers? COML Council Packet 10-22-24, Page 99 of 193 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 10-22-24, Page 100 of 193 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 10-22-24, Page 101 of 193 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 10-22-24, Page 102 of 193 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. I. The City Manager may designate COML Council Packet 10-22-24, Page 103 of 193 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 Commented [LM4]: Suggestions for how to add temporary use- refer to temporary rules COML Council Packet 10-22-24, Page 104 of 193 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 10-22-24, Page 105 of 193 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 10-22-24, Page 106 of 193 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 10-22-24, Page 107 of 193 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 10-22-24, Page 108 of 193 Guidelines FOR THE Consolidated Homeless Grant Updated March 26, 2024 Version 2 EXHIBIT D PAGE 17COML Council Packet 10-22-24, Page 109 of 193 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 10-22-24, Page 110 of 193 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 10-22-24, Page 111 of 193 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 10-22-24, Page 112 of 193 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 10-22-24, Page 113 of 193 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 10-22-24, Page 114 of 193 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 10-22-24, Page 115 of 193 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 10-22-24, Page 116 of 193 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 10-22-24, Page 117 of 193 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 10-22-24, Page 118 of 193 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 10-22-24, Page 119 of 193 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 10-22-24, Page 120 of 193 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 10-22-24, Page 121 of 193 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 10-22-24, Page 122 of 193 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 10-22-24, Page 123 of 193 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 10-22-24, Page 124 of 193 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 10-22-24, Page 125 of 193 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 10-22-24, Page 126 of 193 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 10-22-24, Page 127 of 193 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 10-22-24, Page 128 of 193 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 10-22-24, Page 129 of 193 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 10-22-24, Page 130 of 193 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 10-22-24, Page 131 of 193 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 10-22-24, Page 132 of 193 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 10-22-24, Page 133 of 193 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 10-22-24, Page 134 of 193 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 10-22-24, Page 135 of 193 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 10-22-24, Page 136 of 193 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 10-22-24, Page 137 of 193 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 10-22-24, Page 138 of 193 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 10-22-24, Page 139 of 193 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 10-22-24, Page 140 of 193 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 10-22-24, Page 141 of 193 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 10-22-24, Page 142 of 193 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 10-22-24, Page 143 of 193 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 10-22-24, Page 144 of 193 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 10-22-24, Page 145 of 193 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 10-22-24, Page 146 of 193 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 10-22-24, Page 147 of 193 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 10-22-24, Page 148 of 193 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 10-22-24, Page 149 of 193 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 10-22-24, Page 150 of 193 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 10-22-24, Page 151 of 193 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 10-22-24, Page 152 of 193 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 10-22-24, Page 153 of 193 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 10-22-24, Page 154 of 193 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 10-22-24, Page 155 of 193 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 10-22-24, Page 156 of 193 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 10-22-24, Page 157 of 193 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 10-22-24, Page 158 of 193 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 10-22-24, Page 159 of 193 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 10-22-24, Page 160 of 193 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 10-22-24, Page 161 of 193 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 10-22-24, Page 162 of 193 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 10-22-24, Page 163 of 193 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 10-22-24, Page 164 of 193 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 10-22-24, Page 165 of 193 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 10-22-24, Page 166 of 193 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 10-22-24, Page 167 of 193 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 10-22-24, Page 168 of 193 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 10-22-24, Page 169 of 193 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 10-22-24, Page 170 of 193 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 10-22-24, Page 171 of 193 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 10-22-24, Page 172 of 193 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 10-22-24, Page 173 of 193 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 10-22-24, Page 174 of 193 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 10-22-24, Page 175 of 193 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 10-22-24, Page 176 of 193 1 | P a g e 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 Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 1 of 13 COML Council Packet 10-22-24, Page 177 of 193 2 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 2 of 13 COML Council Packet 10-22-24, Page 178 of 193 3 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 3 of 13 COML Council Packet 10-22-24, Page 179 of 193 4 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 4 of 13 COML Council Packet 10-22-24, Page 180 of 193 5 | P a g e 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: Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 5 of 13 COML Council Packet 10-22-24, Page 181 of 193 6 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 6 of 13 COML Council Packet 10-22-24, Page 182 of 193 7 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 7 of 13 COML Council Packet 10-22-24, Page 183 of 193 8 | P a g e 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 Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 8 of 13 COML Council Packet 10-22-24, Page 184 of 193 9 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 9 of 13 COML Council Packet 10-22-24, Page 185 of 193 10 | P a g e 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 Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 10 of 13 COML Council Packet 10-22-24, Page 186 of 193 11 | P a g e 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 Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 11 of 13 COML Council Packet 10-22-24, Page 187 of 193 12 | P a g e 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. Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 12 of 13 COML Council Packet 10-22-24, Page 188 of 193 13 | P a g e 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: ______________________________ Document Ref: SDPYD-STKCG-JC4K4-DYUNA Page 13 of 13 COML Council Packet 10-22-24, Page 189 of 193 Signature Certificate Reference number: SDPYD-STKCG-JC4K4-DYUNA Document completed by all parties on: 15 Aug 2024 22:57:11 UTC Page 1 of 1 Signer Timestamp Signature Mike Jackson Email: mjackson@cityofml.com Recipient Verification: Sent:15 Aug 2024 22:04:16 UTC Viewed:15 Aug 2024 22:05:22 UTC Signed:15 Aug 2024 22:57:11 UTC ✔Email verified 15 Aug 2024 22:05:22 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide. COML Council Packet 10-22-24, Page 190 of 193 Administrative planning document only. Today's Date:10/17/2024 All items are tentative and subject to constant change. Nov 12 due dates: Attorney 10/29, Director 11/4, City Manager 11/6. Std PH Notices for Nov 26 are due Nov 6. Date/Time Proceeding Agenda Subject Action Director LF StatusNo. City of Moses Lake Agenda Topics - 2024 Wed, Oct 23 11am-2pm Special Meeting - Budget Workshop Wed, Oct 30 at 6 p.m. (Ephrata)AGCCT, post no action agenda - if quorum.RSVP Due Oct 18 Thurs, Oct 31 1pm-4pm Special Meeting - Budget Workshop Tue, Nov 12 City Manager pg Moses Lake 2025 Legislative Agenda Motion Jackson (recur) 6:30 PM ""pg 3rd Quarter Financial Report (include in packet)Prentice (recur) Public Hearings Property Tax Levy Resolution xxxx Motion Prentice (recur) ""2025 Budget Ordinance - Public Hearing 1 of 2 1st Pres Prentice (recur) ""Right of Way Vacation Clements Request Ordinance xxxx Motion Ramsey Consent c Grant County Health District 2024 ILA <motion>Jackson (recur) ""Cyber Security Grant Awards <motion>Richmond ""MLSD ILA Parks Facility Use Amendment <motion>Coutts ""Transportation Benefit District Annual Report <motion>Baltzell (recur) Old Bus Bilingual Stipend Policy Resolution xxxx Motion Springer New Bus Water-Sewer Capital Facilities Plan Update (2024: Prior to W/S Rate Study)Motion Baltzell (recur) Thurs, Nov 14 time tbd GCEDC LEAD Summit fee also pending, Post Notice of Quorum if more than 3 Tue, Nov 19 at 5:30 p.m.Water Conservation Success Measurements Report (WRC) Tue, Nov 26 Mayor 6:30 PM City Manager Public Hearing 2025 Budget Ordinance xxxx - Public Hearing Continued Motion Prentice (recur) Consent c Old Business Trails Plan Adoption (placeholder fr Sept 10 Meeting)Motion Baltzell (Levi) New Business 2024 Budget Amendment Ordinance xxxx Motion Prentice (recur) ""2025 Fee Schedule Resolution xxxx Motion Prentice (recur) ""Accept 2021 State Auditor's Report Motion Prentice if present at Fin Cmte COML Council Packet 10-22-24, Page 191 of 193 Administrative planning document only. Today's Date:10/17/2024 All items are tentative and subject to constant change. Nov 12 due dates: Attorney 10/29, Director 11/4, City Manager 11/6. Std PH Notices for Nov 26 are due Nov 6. Date/Time Proceeding Agenda Subject Action Director LF Status No. City of Moses Lake Agenda Topics - 2024 ""Comprehensive Plan Amendment 1st Pres Ramsey Admin Final Monthly Update on Excess Water Usage Fee Prentice verbal Dec 01 MLMA Admin Email list for those seeking reappoinment for terms exp Mar 31 Due Jan 1 (recur) Tue, Dec 10 Presentation pg Habitat for Humanity - Rebecca Mabius, Executive Director 15 min PPT ph 509-765-4030 emailed white paper 9-5 6:30 PM Mayor Appoint/Reappoint LTAC, Parks, LEOFF (reappoint requests due Oct 1)Jackson (recur) City Manager Public Hearing Comprehensive Plan Amendment Ord xxxx Motion Ramsey Consent v Write-off Uncollectible Accounts Resolution xxxx <motion>Prentice (recur) New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur) Thurs, Dec 12 at 8 am Employee Breakfast Notice of Potential Quorum (recur) Future Items not assigned a meeting date. Column1 Column2 3 4 Column5 Column6 Column7 Column8 Study Session 6pm Park Fees on New Development (1-9-24, docket after Code is updated)Coutts Presentation Irrigation for Private Wells (purple pipe)9-18-24 related to new subdivisions and conflict with wellhead protection Spring '25 Presentation Mary Cunnington Recognition Proclamation Mayor Swartz and Former Mayor Liebrecht (Originally set for Sept, then moved to spring Oct 3-2024 Presentation TIF Development Agreement Update Jackson (fr 10-8 City Manager report) Presentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB Consent Ground Works Lease Renewal (expires Sept 30, 2025)<motion>Ramsey Consent Moses Point Development Agreement (reservoir) Ord xxxx <motion>City Manager Old Bus Airport Commission Duties Resolution xxxx Motion Baltzell New Bus/Old Bus Airport Operations Manual Update Discuss/MotionBaltzell New Bus Airport Property Owner Access Agreement (Through the Fence)Motion Baltzell New Bus/Old Bus Building Permit Recovery Fund Ordinance Discuss/MotionRamsey New Bus CBUA IAFF Motion Springer COML Council Packet 10-22-24, Page 192 of 193 Administrative planning document only. Today's Date:10/17/2024 All items are tentative and subject to constant change. Nov 12 due dates: Attorney 10/29, Director 11/4, City Manager 11/6. Std PH Notices for Nov 26 are due Nov 6. Date/Time Proceeding Agenda Subject Action Director LF Status No. City of Moses Lake Agenda Topics - 2024 New Bus CBUA AFSCME Motion Springer New Bus Future Land Use Map Update (fr Study Session 6/11/24)Motion Ramsey (after Plan Comm) Feb 2025 New Bus/Old Bus Graffiti Regulations Update Ordinance Discuss/MotionRamsey New Bus Grant County and PoML Railroad Project Franchise ILA Motion unk New Bus New Cingular Lease Amendment Motion Baltzell New Bus Water Conservation Sunset of Ordinance 3029 following new wells in service or other irrigation sources COML Council Packet 10-22-24, Page 193 of 193