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Kittitas County Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
Between
KITTITAS COUNTY
and
HOPESOURCE
For
SFY 2025 SUPPLEMENTAL CONSOLIDATED HOMELESS GRANT FUNDING
This Agreement is made by and between Kittitas County (hereinafter “the County”) and
HopeSource (hereinafter “Contractor”). The County and Contractor agree as follows:
• General Conditions
• Exhibit A (Scope of Work)
• Exhibit B (Compensation)
• Exhibit C (Proof of Insurance)
• Exhibit D (Consolidated Homeless Grant Guidelines)
copies of which are attached hereto and incorporated herein by this reference as fully as if set
forth herein.
The term of this Agreement shall commence on July 1, 2024, and continue until June 30, 2025.
Any party may terminate this Agreement by giving thirty (30) days’ notice in writing either
personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to
the party's last known address for the purposes of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the Indemnification
provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and
Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally
and fully part of this Agreement and have been mutually negotiated by the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement this
day of , 2024.
APPROVED: APPROVED:
HopeSource BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Signature of Signatory Chairman
Date:
Print Name of Signatory Vice Chairman
Commissioner
Attest:
Clerk of the Board
Approved as to Form:
Deputy Prosecuting Attorney
Kittitas County Professional Services Agreement
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Contractor’s Address County’s Address
606 W 3rd Ave 205 West 5th Ave, Suite 108
Ellensburg, WA 98926 Ellensburg, WA 98926
Project Contact Project Contact
Name Susan Grindle Name Chelsey Loeffers
Title CEO Title Public Health Director
Kittitas County Professional Services Agreement
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GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the project
narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities
will be furnished by the County, unless otherwise provided for in the Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the provisions
of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, the Contractor shall perform the work in
accordance with any schedules made a part of this Agreement.
4. Definitions:
4.1 “Additional Insured’s” means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4.2 “Support” means the following: Contractor’s directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub-
Contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor’s sub-
Contractors of any tier in connection with or incident to the performance of the
Work or this Agreement.
4.3 The “Work” means all of the duties listed in Exhibit A and the performance of all
other obligations under this Agreement by Contractor or its Support.
5. Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in
Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based
upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units
of work actually performed and amounts earned, including where appropriate, the actual
number of days worked each month, total number of hours for the month, and the total dollar
payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance
by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor
for any costs or expenses incurred by the Contractor in performance of this Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor’s service pursuant to the fee schedule set forth in Exhibit "B".
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6. Assignment and Subcontracting:
No portion of this Agreement may be assigned or subcontracted to any other individual, firm
or entity without the express and prior written approval of the County.
7. Independent Contractor:
The Contractor’s services shall be furnished by the Contractor as an independent Contractor
and nothing herein contained shall be construed to create a relationship of employer-
employee or master-servant, but all payments made hereunder and all services performed
shall be made and performed pursuant to this Agreement by the Contractor as an
independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in
Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited
to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or
any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional Insured’s,
officers, agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
Commerce and the State of Washington are not liable for claims or damages arising from a
Subcontractor's performance of the subcontract.
8. No Guarantee of Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to vest
any employment rights whatsoever and shall not be deemed to guarantee any employment of
the Contractor or any employee of the Contractor or any sub-Contractor or any employee of
any sub-Contractor by the County at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or
State income taxes. Where required by State or Federal law, the Contractor authorizes the
County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service at
the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor’s performance of this Agreement. The Contractor hereby agrees to indemnify the
County against any demand to pay taxes arising from the Contractor’s failure to pay taxes on
compensation earned pursuant to this Agreement.
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The County will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The Contractor must pay all other taxes including, but not limited to:
Business and Occupation Tax, taxes based on the Contractor’s gross or net income, or
personal property to which the County does not hold title. The County is exempt from Federal
Excise Tax.
10. Regulations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington, and
to any other provisions set forth herein or in the attached exhibits.
11. Right to Review:
This contract is subject to review by any Federal or State auditor. The County or its designee
shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the County. Such review may occur
with or without notice, and may include, but is not limited to, on-site inspection by County
agents or employees, inspection of all records or other materials which the County deems
pertinent to the Agreement and its performance, and any and all communications with or
evaluation by service recipients under this Agreement. The Contractor shall preserve and
maintain all financial records and records relating to the performance of work under this
Agreement for 6 years after contract termination, and shall make them available for such
review, within Kittitas County, State of Washington, upon request.
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor (“Change
Notice”) makes changes in the Work within the general scope of this
Agreement, including, but not limited to: (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance of
any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor’s cost
of, or the time required for, performance of the Work, an equitable adjustment
in the compensation to Contractor and in the schedule for the performance of
the Work shall be made to reflect such an increase or decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shall proceed in accordance with all Change
Notices. The Contractor must, within thirty (30) days after receipt of any
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Change Notice that does not set forth any acceptable adjustment, submit to
the County a written statement setting forth any adjustment claimed.
12.5 If any change results in a decrease in the Work performed, Contractor shall be
entitled to compensation associated with changing the Work, such as revising
design already completed, revising calculations already performed, and
revising documents.
13. Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work called for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money due
or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by
the County in completing the work, and all damage sustained, or which may be sustained by
the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that the Contractor was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County
determines, in its sole discretion that such termination is in the best interests of the County.
Whenever the Agreement is terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed
items of work. In the event of such termination, an equitable adjustment shall be made in the
compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time
during the term, whether for default or convenience, shall not constitute a breach of contract
by the County.
15. Defense & Indemnity Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insured’s, appointed and elective officers, agents and employees, from and
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against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its Additional
Insured’s, its elected or appointed officials, agents, or employees for damages because of
personal or bodily injury, including death at any time resulting therefrom, sustained by any
person or persons and on account of damage to property including loss of use thereof,
whether such injury to persons or damage to property is due to the negligence of the
Contractor, its sub-Contractors, its elected officers, employees or their agents, except only
such injury or damage as shall have been occasioned by the sole negligence of the County, its
Additional Insured’s, appointed or elected officials, agents, or employees. It is further
provided that no liability shall attach to the County by reason of entering into this contract,
except as expressly provided herein.
16. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional Insured’s, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for
injuries to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Kittitas. This Agreement
shall be governed by the law of the State of Washington.
18. Withholding Payment:
In the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the County
may, upon written notice, withhold all monies due and payable to Contractor, without
penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non-Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this Agreement for any
future fiscal period, the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies.
20. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington and has all requisite corporate
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power and authority to enter into and to perform its obligations under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the obligations
of the Contractor under this Agreement in accordance with its terms.
20.3 This Agreement has been validly executed by an authorized representative
of the Contractor and constitutes a valid and legally binding and
enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its operations
or assets in the State of Washington, or its ability to perform its obligations
under this Agreement.
20.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
21. Patent/Copyright Infringement:
Contractor will defend and indemnify the County from any claimed action, cause or demand
brought against the County; to the extent such action is based on the claim that information
supplied by the Contractor infringes any patent or copyright. The Contractor will pay those
costs and damages attributable to any such claims that are finally awarded against the
County in any action. Such defense and payments are conditioned upon the following:
21.1 Contractor shall be notified promptly in writing by County of any notice of such
claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain
for the County the right to continue using the information, in the event such
claim of infringement is made, provided no reduction in performance or loss
results to the County.
22. Disputes:
22.1 General
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Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled,
or other appropriate action promptly taken. Except for such objections as are
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to act
by the County, or (2) the happening of any event or occurrence, unless the
Contractor has given the County a written Notice of Potential Claim within ten
(10) days of the commencement of the act, failure, or event giving rise to the
claim, and before final payment by the County. The written Notice of Potential
Claim shall set forth the reasons for which the Contractor believes additional
compensation or extension of time is due, the nature of the cost involved, and
insofar as possible, the amount of the potential claim. Contractor shall keep
full and complete daily records of the work performed, labor and material
used, and all costs and additional time claimed to be additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due.
23. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
and/or its consultants or sub-Contractors, in connection with the performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentiality:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas County
Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the
County. Contractor shall immediately give to the County notice of any judicial proceedings
seeking disclosure of such information. Contractor shall indemnify and hold harmless the
County, its Additional Insured’s, officials, agents or employees from all loss or expense,
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including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs
resulting from Contractor’s breach of this provision.
To the extent that any information obtained by the Contractor is required to be shared with or
provided to others by the terms of the Statement of the Work, this provision is not breached
by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head of
the department for whom services are rendered, and to the Kittitas County Commissioners,
205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes
under this Agreement shall be given to the address reflected on the signature page. Notice
may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid.
26. Severability:
If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County’s failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any extent
of its right to assert or rely upon any such provisions, rights or remedies in that
or any other instance; rather the same shall be and remain in full force and
effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the Work.
No change, amendment or modification of any provisions of this Agreement
shall be valid unless set forth in a written instrument signed by the party to be
bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement, by
any of Contractor’s Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be of
any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
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Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior
or subsequent breach. No terms or conditions of this Agreement shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto.
29. Survival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30, and
31, 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any
reason.
30. Nondiscrimination:
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimination in Employment
In the performance of this Agreement, the Contractor will not discriminate
against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, sexual orientation, marital status, age or
the presence of any sensory, mental or physical handicap; provided that
the prohibition against discrimination in employment because of
handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Contractor shall ensure
that applicants are employed, and that employees are treated during
employment without discrimination because of their race, creed, color,
national origin, sex, sexual orientation, marital status, age or the presence of
any sensory, mental or physical handicap. Such action shall include, but
not be limited to: employment, upgrading, demotion or transfers,
recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure full compliance with local,
state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services or
benefits provided for in this Agreement on the grounds of race, creed,
color, national origin, sex, sexual orientation, marital status, age or the
presence of any sensory, mental or physical handicap.
30.4 If any assignment and/or subcontracting has been authorized by the County,
said assignment or subcontract shall include appropriate safeguards against
discrimination. The Contractor shall take such action as may be required to
ensure full compliance with the provisions in the immediately preceding
paragraphs herein.
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31. Prevailing Wage:
The Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12 and
the rules and regulations of the Department of Labor and Industries. The schedule of
prevailing wages rates for the locality or localities of the Work is determined by the
Industrial Statistician of the Department of Labor and Industries. It is the Contractor's
responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms and
submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of
the Department of Labor and Industries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 Is not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution of
this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
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EXHIBIT "A"
SCOPE OF WORK
A. The Contractor shall receive SFY 2025 Supplemental Consolidated Homeless Grant
funding to fund homelessness crisis response systems and to assist people who are
experiencing or are at risk of homelessness to obtain or maintain housing in both
Adams County and Kittitas County.
B. The Contractor shall commit to operating a high-performing crisis response system in
both Kittitas County and Adams County by:
a. Assessing each household’s housing needs and facilitating housing stability with
the goal of obtaining or maintaining permanent housing.
b. Employing a progressive engagement service model.
c. Prioritizing households most likely to become homeless when using homelessness
prevention rent assistance.
d. Being 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 may not seek assistance from mainstream
organizations.
C. The Contractor shall comply with all requirements, policies, and procedures in the
Consolidated Homeless Grant Guidelines as found in Exhibit D, including the
Washington State Coordinated Entry Guidelines, for all use of funds under this
agreement.
D. The Contractor shall report deliverables as required by the Consolidated Homeless
Grant directly to the Washington State Department of Commerce.
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EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay the
Contractor compensation of $237,032.
Funds must be spent as follows:
• For services in Kittitas County: $169,388
• For services in Adams County: $67,644
Funds must only be used for billable activities allowed by the Consolidated Homeless
Grant Guidelines, as found in Exhibit D.
All funds must be spent by June 30, 2025. No extension of the funding period will be
granted.
Reimbursement Procedures
A. The Contractor shall submit invoices for services due once a month, which shall be
emailed to Katie Odiaga, Kittitas County Public Health Department at
katie.odiaga@co.kittitas.wa.us.
B. All invoices must be submitted by the 15th of the month following the calendar
month in which services were delivered.
C. All invoices must break out in which county services were delivered.
D. All invoices must include invoice data and an invoice number.
E. Kittitas County is not liable for services provided unless the invoice is received on
time or prior arrangements are agreed to in writing signed by the County.
F. In no event shall payments under this agreement total more than:
a. For services in Kittitas County: $169,388
b. For services in Adams County: $67,644
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EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional Insured’s
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result from performance of
the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best’s Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
1) Commercial General Liability Insurance.
▪ Coverage limits not less than:
• $1,000,000 per occurrence per project
• $2,000,000 general aggregate
• $1,000,000 products & completed operations aggregate
• $1,000,000 personal and advertising injury, each offense
▪ Certificate Holder – Kittitas County
▪ The Certificate must name the County as additional insured as
defined in the Agreement
▪ Sixty (60) days written notice to the County of cancellation
of the insurance policy.
2) Stop Gap/Employers Liability.
▪ Coverage limits not less than:
• $1,000,000 each accident
• $1,000,000 disease – policy limit
• $1,000,000 disease – each employee
▪ Thirty (30) days written notice to the County of cancellation
of the insurance policy.
3) Commercial Automobile Liability Insurance.
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▪ Automobile Liability for owned, non-owned, hired, and leased
vehicles, with an MCS 90 endorsement and a CA 9946 endorsement
attached if ‘pollutants’ are to be transported.
▪ Coverage limits not less than:
• $1,000,000 combined single limit
▪ Thirty (30) days written notice to the County of cancellation
of the insurance policy.
4) Workers’ Compensation.
▪ Workers’ Compensation in amounts required by law.
Contractor shall furnish the County a Certificate of Insurance with Endorsement as
evidence that policies providing insurance required by this Agreement are in full force and
effect. Contractor hereby waives all rights of recourse, including any right to which another
may be subrogated, against Kittitas County for personal injury, including death, and
property damage. Contractor’s insurance policies required above shall be primary
insurance and shall be non-contributing with any other insurance maintained by Kittitas
County.
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor’s employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with
Endorsement, properly completed and in the amount required, is attached hereto.
Kittitas County Professional Services Agreement
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EXHIBIT "D"
Consolidated Homeless Grant Guidelines
Guidelines
FOR THE
Consolidated Homeless Grant
Updated March 26, 2024
Version 2
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Contents
1 Grant Basics .......................................................................................................................................... 6
1.1 Overview ............................................................................................................................................... 6
1.2 Purpose Statement ............................................................................................................................... 6
1.3 Authorizing Statute and Fund Sources ................................................................................................. 7
1.4 Allowable Interventions ....................................................................................................................... 7
Temporary Housing Interventions .................................................................................................... 7
Permanent Housing Interventions .................................................................................................... 8
Services Only Interventions .............................................................................................................. 8
2 Administrative Requirements of Lead Grantees .................................................................................... 9
2.1 Homeless System Responsibilities ........................................................................................................ 9
Homeless System Performance Requirements ................................................................................ 9
Low Barrier Housing Project ............................................................................................................. 9
Coordinated Entry System .............................................................................................................. 10
Reporting Requirements ................................................................................................................. 11
Training ........................................................................................................................................... 11
Benefit Verification System Requirements ..................................................................................... 11
2.2 Grant Management ............................................................................................................................ 12
Changes to Guidelines .................................................................................................................... 12
Commerce Monitoring .................................................................................................................... 12
Subgrantee Requirements .............................................................................................................. 12
Eviction Prevention By and For Organization Subgrant Requirement ........................................... 13
By and For Engagement .................................................................................................................. 13
2.3 Fiscal Administration .......................................................................................................................... 14
Budget Caps .................................................................................................................................... 14
Budget Categories ........................................................................................................................... 14
Reimbursements ............................................................................................................................. 15
Budget Revisions ............................................................................................................................. 15
3 Homelessness Assistance (funded with CHG Standard and PSH CHF) ................................................... 16
3.1 Homelessness Assistance Allowable Interventions ............................................................................ 16
Temporary Housing Interventions .................................................................................................. 16
Permanent Housing Interventions .................................................................................................. 16
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Services Only Interventions ............................................................................................................ 16
3.2 Homelessness Assistance Household Eligibility ................................................................................. 16
CHG Standard .................................................................................................................................. 16
Permanent Supportive Housing for Chronically Homeless Families (PSH CHF) ............................. 16
3.3 Homelessness Assistance Housing Status Eligibility ........................................................................... 17
Homeless ......................................................................................................................................... 17
Chronically Homeless ...................................................................................................................... 17
3.4 Homelessness Assistance Documentation of Housing Status ............................................................ 18
Housing Status Eligibility Exemption .............................................................................................. 18
3.5 Homelessness Assistance Income Eligibility ....................................................................................... 18
Income Eligibility Exemptions ......................................................................................................... 18
3.6 Homelessness Assistance Documentation of Income Eligibility ........................................................ 19
Annualizing Wages and Periodic Payments .................................................................................... 19
3.7 Homelessness Assistance Eligibility Recertification ........................................................................... 19
Income Ineligible at Recertification ................................................................................................ 19
3.8 Additional Eligibility Requirements for Permanent Supportive Housing ........................................... 19
Documentation of a Disability ........................................................................................................ 20
Maintaining Homeless Status for Permanent Housing................................................................... 20
4 Homelessness Prevention (funded with CHG Standard and Eviction Prevention) ................................. 21
4.1 Homelessness Prevention Allowable Housing Intervention .............................................................. 21
Permanent Housing Interventions .................................................................................................. 21
4.2 Homelessness Prevention Household Eligibility................................................................................. 21
4.3 Homelessness Prevention Housing Status Eligibility .......................................................................... 21
At Risk of Homelessness ................................................................................................................. 21
4.4 Homelessness Prevention Documentation of Housing Status ........................................................... 22
Targeted Prevention ....................................................................................................................... 22
4.5 Homelessness Prevention Income Eligibility ...................................................................................... 22
Income Eligibility Exemptions ......................................................................................................... 22
4.6 Homelessness Prevention Documentation of Income Eligibility ....................................................... 23
Annualizing Wages and Periodic Payments .................................................................................... 23
4.7 Homelessness Prevention Eligibility Recertification .......................................................................... 23
Income Ineligible at Recertification ................................................................................................ 23
4.8 Landlords Applying for Homelessness Prevention Assistance on Behalf of Tenant .......................... 23
5 Housing and Essential Needs (funded with HEN) ................................................................................. 24
5.1 Allowable Interventions ..................................................................................................................... 24
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Temporary Housing Interventions .................................................................................................. 24
Permanent Housing Interventions .................................................................................................. 24
Services Only Interventions ............................................................................................................ 24
5.2 HEN Household Eligibility ................................................................................................................... 24
5.3 HEN Housing Status Eligibility ............................................................................................................. 24
Homeless ......................................................................................................................................... 24
At Risk of Homelessness ................................................................................................................. 25
5.4 HEN Documentation of Housing Status .............................................................................................. 25
Targeted Prevention ....................................................................................................................... 25
5.5 HEN Referral ....................................................................................................................................... 26
Documentation of HEN Referral ..................................................................................................... 26
5.6 HEN Eligibility Recertification ............................................................................................................. 26
HEN Ineligible at Recertification ..................................................................................................... 26
6 Allowable Expenses ............................................................................................................................ 27
6.1 Rent ..................................................................................................................................................... 27
Special Circumstances ..................................................................................................................... 27
Ineligible Expenses .......................................................................................................................... 28
6.2 Facility Support ................................................................................................................................... 28
Special Circumstances ..................................................................................................................... 28
Ineligible Expenses .......................................................................................................................... 28
HEN Facility Support ....................................................................................................................... 28
Maintenance Activities vs. Building Rehabilitation ........................................................................ 29
6.3 Operations .......................................................................................................................................... 29
Homeless Crisis Response System Expenses .................................................................................. 29
Program Expenses ........................................................................................................................... 29
Flexible Funding .............................................................................................................................. 30
6.4 Administration .................................................................................................................................... 31
7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service ...................................... 32
7.1 Service Delivery .................................................................................................................................. 32
Access to Homeless Housing Assistance ......................................................................................... 32
Voluntary Services .......................................................................................................................... 32
Progressive Engagement ................................................................................................................. 32
Assessment and Housing Stability Planning ................................................................................... 33
Choice of Housing and Portability................................................................................................... 33
7.2 HMIS ................................................................................................................................................... 33
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Data Quality .................................................................................................................................... 33
Consent for Entry of Personally Identifying Information ............................................................... 35
HMIS Data Suppression Policy ........................................................................................................ 36
7.3 Habitability.......................................................................................................................................... 37
For Rent Assistance ......................................................................................................................... 37
For Facilities .................................................................................................................................... 37
7.4 Lead Based Paint Assessment............................................................................................................. 37
For Rent Assistance ......................................................................................................................... 38
For Facilities .................................................................................................................................... 38
Exceptions to the Lead-Based Paint Visual Assessment Requirement ........................................... 38
7.5 Additional Requirements .................................................................................................................... 38
Fraud and Other Loss Reporting ..................................................................................................... 38
Personal Identifying Information .................................................................................................... 38
Grievance Procedure ...................................................................................................................... 38
Termination and Denial of Service Policy ....................................................................................... 39
Records Maintenance and Destruction .......................................................................................... 39
Client File Check List........................................................................................................................ 39
Consent to Review Information in the Benefits Verification System ............................................. 39
Prohibitions ..................................................................................................................................... 39
Nondiscrimination........................................................................................................................... 39
8 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance ...................... 41
8.1 Washington Residential Landlord-Tenant Act .................................................................................... 41
8.2 Rental Agreements ............................................................................................................................. 41
Intent to Rent .................................................................................................................................. 41
Lease ............................................................................................................................................... 41
Certification of Payment Obligation ............................................................................................... 41
8.3 Dispute Resolution Center Partnerships ............................................................................................ 41
8.4 Payment Standards to Determine Rent Limit .................................................................................... 42
Payment Standards Options ........................................................................................................... 42
Rent Limit Exceptions ...................................................................................................................... 43
8.5 Determining Rent Subsidy .................................................................................................................. 43
9 Washington State’s Landlord Mitigation Law ...................................................................................... 44
10 Appendices ......................................................................................................................................... 45
10.1 Appendix A: Required and Recommended Forms ............................................................................. 45
10.2 Appendix B: Required Policies and Procedures .................................................................................. 46
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10.3 Appendix C: Client File Documentation .............................................................................................. 47
10.4 Appendix D: Homeless System Performance Requirements ............................................................. 48
Data Sources ................................................................................................................................... 48
Housing Outcome Performance Requirements .............................................................................. 48
Table A: Required Housing Outcome Performance Measures ..................................................................... 49
Equitable Access ............................................................................................................................. 50
Subgrantee Agreements ................................................................................................................. 50
10.5 Appendix E: Household Eligibility Requirements ............................................................................... 51
10.6 Appendix F: Examples of Maintenance Activities .............................................................................. 52
10.7 Appendix G: Lead-Based Paint Visual Assessment Requirements ..................................................... 53
10.8 Appendix H: Access to the DSHS Benefits Verification System Data Security Requirements ............ 55
10.9 Appendix I: Access to the DSHS HEN Referral List Data Security Requirements ............................... 59
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1.1 Overview
The Consolidated Homeless Grant (CHG) has several fund sources, including state general fund and
document recording fees. Throughout the guidelines the funding sources are referred to as CHG
Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction
Prevention, and Housing and Essential Needs (HEN). Each of the funds has different eligibility
requirements. These guidelines provide information on how to comply with requirements and
Department of Commerce (Commerce) invites grantees to reach out for clarification, as needed.
The State Homeless Housing Strategic Plan and Annual Report of the Homeless Grant Programs are
located on the Department of Commerce website.
1.2 Purpose Statement
The Office of Family and Adult Homelessness in the Homelessness Assistance Unit at the
Department of Commerce administers state and federal funds to support homeless crisis response
systems in WA State.
1 Grant Basics
Funding Source* Allowable Interventions Housing Status
Eligibility
Income
Eligibility
Where to Find
Eligibility
Requirements in
Guidelines
CHG Standard Emergency Shelter
Drop-In
Continuous Stay
Transitional Housing
Homelessness Prevention
Rapid Re-Housing
Permanent Supportive
Housing
Street Outreach
Homeless
Homeless and a
household member
with a permanent
disability
At Risk of Homelessness
At or Below
80% AMI
(see section
3.5.1 for
income
exemptions
for homeless
households)
Homelessness
Assistance
Homelessness
Prevention
Permanent
Supportive
Housing for
Chronically
Homeless Families
(PSH CHF)
Permanent Supportive
Housing
Street Outreach
Chronically homeless
head of household with
a permanent disability
At or Below
80% AMI
Homelessness
Assistance
Eviction
Prevention
Homelessness Prevention At Risk of Homelessness At or Below
80% AMI
Homelessness
Prevention
Housing and
Essential Needs
(HEN)
Transitional Housing (TH)**
Homelessness Prevention
(HP)
Rapid Re-Housing (RRH)
Permanent Supportive
Housing (PSH)**
Street Outreach
Homeless
At Risk of Homelessness
HEN
Referral
Housing and Essential
Needs
*Allowable expenses are detailed in Section 6 Allowable Expenses. The following guidelines sections are required for all
funding sources: Section 7 Requirements of all Lead Grantees and Subgrantees Providing Direct Service and Section 8
Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance.
**See Section 6.2.3 HEN Facility Support.
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The Consolidated Homeless Grant is a critical resource in the crisis response system.
People living unhoused become stably housed when the system is low barrier, trauma informed,
culturally responsive and Housing First oriented. People living unstably housed become stably
housed when the system is oriented toward problem solving conversations and personal advocacy
to help people identify practical solutions based on their own available resources.
We expect Commerce grantees, including county governments and nonprofits, to be leaders in
their crisis response systems, facilitating partnership among service organizations and promoting
evidence-based, anti-racist practices.
Grantees must respond to the disproportionality in access to services, ser vice provision and
outcomes and cannot simply rely on standard business practices to address inequity. Grantees
have the responsibility to ensure all people eligible for services receive support and are served with
dignity, respect and compassion regardless of circumstance, ability or identity.
This includes marginalized populations, Black, Native and Indigenous, People of Color, immigrants,
people with criminal records, people with disabilities, people with mental health and substance use
vulnerabilities, people with limited English proficiency, people who identify as transgender, people
who identify as LGBTQ+, and other individuals that may not access mainstream support.
We are here to support your efforts. The Homelessness Assistance Unit provides access to
continuous learning on trauma informed services, racial equity, LGBTQ+ competency and more. We
can help you strategize outreach, coordinated entry and help you understand your data so we can
meet Washington’s vision that no person is left living outside.
1.3 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
1.4 Allowable Interventions
All allowable housing interventions are defined below. Allowable interventions are dependent on
fund source.
Temporary Housing Interventions
Temporary housing interventions are those in which the household must leave the shelter or unit
at the end of their program participation. Households are considered homeless while enrolled in
temporary housing interventions.
Emergency Shelter
Emergency Shelter (ES) provides short-term1 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility-based or hotel/motel voucher.
1.4.1.1.1 Drop-in Shelter
Drop-in Shelters offer night-by-night living arrangements that allow households to enter and exit
on an irregular or daily basis.
1 Emergency Shelter programs are typically designed and intended to provide temporary shelter for short- term stays: up to three months.
Clients are not required to exit after 90 days.
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1.4.1.1.2 Continuous-stay Shelter
Continuous-stay Shelters offer living arrangements where households have a room or bed assigned
to them throughout the duration of their stay.
Transitional Housing
Transitional Housing (TH) is subsidized, facility-based housing that is designed to provide long-
term2 temporary housing and to move households experiencing homelessness into permanent
housing. Lease or rental agreements are required between the transitional housing project and the
household.
Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
Rapid Re-Housing
Rapid Re-Housing (RRH) quickly moves households from homelessness into permanent housing by
providing:
Housing Identification Services: Recruit landlords to provide housing for RRH participants
and assist households with securing housing.
Financial Assistance: Provide assistance to cover move-in costs and deposits as well as
ongoing rent and/or utility payments.
Case Management and Services: Provide services and connections to community resources
that help households maintain housing stability.
Homelessness Prevention
Homelessness Prevention (HP) helps households who are at risk of homelessness to maintain or
obtain stable housing and avoid homelessness. Services include housing-focused case management
and temporary rent subsidies. Homelessness prevention services are the same as the RRH services
described above.
Permanent Supportive Housing
Permanent Supportive Housing (PSH) is subsidized, non-time-limited housing with support services
for homeless households that include a household member with a permanent disability. Support
services must be made available but participation is voluntary (see section 7.1.2). PSH may be
provided as a rent assistance (scattered site) or facility-based model. For facility-based models, a
lease or rental agreement is required between the PSH project and the household. The services and
the housing are available permanently.
Households funded with PSH CHF must include a Head of Household who is chronically homeless
and permanently disabled.
Services Only Interventions
Street Outreach
Street outreach is a strategy for engaging people experiencing homelessness who are otherwise
not accessing services for the purpose of connecting them with emergency shelter, housing, or
other critical services.
2 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two years.
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2.1 Homeless System Responsibilities
Homeless System Performance Requirements
Grantees must improve housing outcomes by making progress towards the statewide performance
target. For each intervention type funded by CHG, grantees must adopt the required housing outcome
performance measure outlined in Table A, in Appendix D: Homeless System Performance See Appendix
D for more information.
Low Barrier Housing Project
Each county must have at least one low barrier project3 serving homeless adults and at least one low
barrier project serving homeless households with children. By July 1, 2025, no less than 80% of a
county’s CHG funded projects (programs and facilities) must be low barrier.
All homeless housing projects adhere to state and federal anti-discrimination laws:
All projects ensure equal access for people experiencing homelessness regardless of race,
national origin, gender identity, sexual orientation, marital status, age, veteran or military
status, disability, or the use of an assistance animal.
Projects designed to serve families with children experiencing homelessness ensure equal
access regardless of family composition and regardless of the age of a minor child.
Projects that operate gender segregated facilities allow the use of facilities consistent with the
person’s gender expression or identity.
Intake & Project Eligibility
Low barrier projects have flexible intake schedules and require minimal documentation. At the
minimum, homeless households are not screened out based on the following criteria:
Having too little or no income
Having poor credit or financial history
Having poor or lack of rental history
Having involvement with the criminal justice system
Having active or a history of alcohol and/or substance use
Having been impacted or affected by a crime
The type or extent of disability-related services or supports that are needed
Lacking ID or proof of U.S. Residency Status
Other behaviors that are perceived as indicating a lack of “housing readiness ,” including
resistance to receiving services
Project Participation
Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on
maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have
work or volunteer requirements.
3 Project types that can meet this requirement: Emergency Shelter, Transitional Housing, PH: Rapid Re-Housing, PH: Housing with Services (no
disability requirement), and PH: Housing Only. Projects must operate year round and serve all homeless single adults or households with children
(projects cannot be subpopulation specific, e.g. DV, HEN, youth, etc.).
2 Administrative Requirements of Lead Grantees
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Projects that require households to pay a share of rent allow reasonable flexibility in payment.
Emergency shelters must not require households to pay a share of rent or program fees.
Households are not terminated from the project for the following reasons:
Failure to participate in supportive services or treatment programs
Failure to make progress on a housing stability plan
Alcohol and/or substance use in and of itself is not considered a reason for termination
Households residing in emergency shelter must not be exited to homelessness due to reaching a
maximum stay limit.
If a household is terminated from a low barrier project due to viol ating 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 resourc es in
the community. The goal of CE is to help communities prioritize assistance to ensure people who need
the assistance the most can receive it in a timely manner. Refer to the Washington State Coordinated
Entry Guidelines for requirements. If the CHG lead grantee is a county government, projects funded by
local homeless housing surcharge revenue (local document recording fees) must also participate in the
CE process as described below.
Transitional Housing, Homelessness Prevention, Rapid Re-Housing, and Permanent Supportive Housing
projects funded by CHG must participate in the county or regional CE by accepting referrals and must
fill openings exclusively through the CE process.
Lead grantees may elect to opt out of the CE process for Homelessness Prevention projects if the
county has enough funding to serve all households at risk of homelessness in need of services or if the
project is operated by a By and For subgrantee as defined in these guidelines (Section 2.2.4). Lead
grantees must receive approval from Commerce and provide evidence that they are meeting the need
in their community and providing adequate outreach to their community if a mainstream housing
provider organization is opting out of the CE process.
If the county or regional CE requires Emergency Shelters and Drop-in Shelters to participate in the
county or regional CE process, Emergency Shelters and Drop-in Shelters funded by CHG must
participate in the county or regional CE process by accepting referrals and must fill openings exclusively
through the CE process.
Street Outreach projects funded by CHG must be linked to the county or regional CE by either
performing mobile CE process services (e.g. assessment) or by providing referrals to CE.
Projects operated by victim service providers are not required but may elect to participate in the
county or regional CE process.
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Reporting Requirements
Lead grantees are responsible for submitting the following:
Local Homeless Housing Plan
Lead grantees must submit an updated county Local Homeless Housing Plan to Commerce at least
every five years and an annual report each year. Local Plan Guidance is located on the Commerce State
Strategic Plan, Annual Report and Audits website.
Annual County Expenditure Report
Lead grantees must submit a complete and accurate Annual County Expenditure Report to Commerce.
Commerce will annually score Annual County Expenditure Report data quality.
Point in Time Count
Lead grantees must ensure the collection and reporting of the annual Point in Time (PIT) Count of
sheltered and unsheltered homeless persons for their county is in accordance with the Commerce
Count Guidelines and must comply with PIT Count best practices published by Commerce, located on
the Commerce Annual Point in Time Count website.
Essential Needs Report
Lead grantees must submit an HEN Essential Needs Report at the end of each state fiscal year, which is
a count of the total instances of Essential Needs services.
Training
Lead/subgrantees must identify staff to attend and complete trainings. These staff should include staff
that provide direct services, supervisors of direct service staff, and staff that manage homeless grants.
The following trainings are required at least every three years and attendance must be documented:
Trauma Informed Services
Supporting survivors of domestic violence
Local coordinated entry policies and procedures as required by lead CE entity
Fair Housing
Housing First
Racial Equity
LGBTQ+ competency
Rapid Re-Housing
Progressive Engagement and Problem-Solving (Diversion)
Other recommended trainings include mental health first aid, crisis intervention, professional
boundaries, and case management.
In addition, lead/subgrantee staff are highly encouraged to attend the annual Washington State
Conference on Ending Homelessness.
Costs to attend trainings are an eligible program expense (see Section 6.3).
Visit the Commerce Homeless Services Grantee Trainings website for available online trainings.
Benefit Verification System Requirements
Commerce maintains a data share agreement with the Department of Social and Health Services
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(DSHS) so homeless housing grantees can access the Benefits Verification System (BVS) to confirm HEN
program eligibility. The BVS can also be used to confirm benefits and financial eligibility for homeless
housing programs.
Lead grantees manage BVS User access for their staff and subgrantees. Upon approval by Commerce,
lead grantees may also appoint another agency as the BVS lead for their county.
BVS leads are responsible for the following:
Review User requests to confirm requesting agency is a subgrantee and staff have a business
need to access the BVS system.
Confirm that each User request includes a signed DSHS Non-Disclosure form.
Retain all signed DSHS Non-Disclosure forms.
Maintain an Excel spreadsheet identifying current and past BVS Users. Spreadsheet must be in
format designated by Commerce.
Report to Commerce within one business day when User no longer require access to BVS.
Provide access to DSHS Non-Disclosure forms and User spreadsheet for inspection within one
business day of request by Commerce or DSHS.
BVS leads are also responsible for the following, annually:
Require Users to re-sign DSHS Non-Disclosure form.
Review BVS User spreadsheet for accuracy and notify Commerce of any changes.
Notify Commerce via email upon completion of annual requirements .
2.2 Grant Management
Changes to Guidelines
Commerce may revise the guidelines at any time. All lead grantees will be sent revised copies. Lead
grantees are responsible for sending revisions to subgrantees in a timely manner.
Commerce Monitoring
Commerce will monitor lead grantees’ grant activities, including coordinated entry. Lead grantees will
be given a minimum of 30 days’ notice unless there are special circumstances that require immediate
attention. The notice will specify the monitoring components.
Subgrantee Requirements
The Grant General Terms & Conditions Section 32 or 15 identifies subgrantee requirements. In
addition, all subgrantee agreements must be time-limited and have defined roles and responsibilities
for each party, detailed budgets and performance terms. Commerce reserves the right to directly
contact subgrantees at any time for data quality, monitoring, fiscal and other issues.
Lead grantees may enter into an agreement with any other local government, Council of Governments,
Housing Authority, Community Action Agency, nonprofit community or neighborhood -based
organization, federally recognized Indian tribe in the state of Washington, or regional or statewide
nonprofit housing assistance organizations who operate programs to end homelessness within a
defined service area.
Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify
Commerce if subgrants are terminated during the grant period.
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Lead grantees must notify Commerce of any changes in selection of subgrantees funded with CHG, or
changes in the interventions of those subgrantees.
Subgrantee Risk Assessment and Monitoring
Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in
the CHG guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan
for each subgrantee within six months of contracting CHG to the subgrantee . The risk assessment must
inform the monitoring plan for each subgrantee. Monitoring plans must include monitoring dates, the
type of monitoring (remote, on-site), and the program requirements being reviewed.
The lead grantee must maintain policies and procedures that guide the risk assessment, monitoring
activities, and monitoring frequency.
Commerce reserves the right to require lead grantees to undertake special reviews when an audit or
other emerging issue demands prompt intervention and/or investigation.
Subgrantee Performance Requirements
Housing outcome performance requirements must be included in CHG subgrantee agreements for
applicable intervention types. Grantees may customize subgrantee performance requirements by
establishing agency specific benchmarks which take int o account past performance, facility type, target
population and other variables. See Appendix D: Homeless System Performance for more information.
Eviction Prevention By and For Organization Subgrant Requirement
At least 10 percent of the Eviction Prevention total award must be subgranted to organizations that
serve and are substantially governed by marginalized populations (By and For organizations4). Subgrant
activities may include the full scope of homelessness prevention program activities.
Marginalized communities may include ethnic and racial minorities; immigrants and refugees;
individuals who are lesbian, gay, bisexual, and transgender; individuals with disabilities or who are
deaf; and Native Americans.
Lead grantees must make a reasonable effort to subgrant with By and For organizations. If a lead
grantee is not able to execute a subagreement, they may ask Commerce for an exemption from this
requirement by submitting the Eviction Prevention Sub Contracting Exemption Request Form in the
application. An exemption request must include a plan to spend 10 percent of the grant in a manner
that will improve racial equity for historically underserved communities.
By and For Engagement
Commerce expects grantees to be anti-racist leaders in their crisis response systems and facilitate
partnerships among organizations that respond to the disproportionality in services and outcomes for
communities that don’t seek assistance from mainstream organizations. At minimum, this includes
acknowledging By and For agency subject matter expertise in serving their communities, including
4By and For Organizations are operated by and for the community they serve. Their primary mission and history is serving a specific community and they are
culturally based, directed, and substantially controlled by individuals from the population they serve. At the core of their programs, the organizations embody the
community’s central cultural values. These communities may include ethnic and racial minorities; immigrants and refugees; individuals who identify as LGBTQ+,
individuals with disabilities or who are deaf; and Native Americans.
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them in homeless response planning and decision making and ensuring resources are equitably
distributed to communities most impacted. While the new eviction rent assistance funds legislatively
require lead grantees to set aside, at least 10% of the funding for By and For service delivery, this
direction should also influence the overall county homeless crisis response systems.
Recommendations:
Ensuring local boards and councils are diverse and representative of the population in need of
services.
Engaging By and For organizations at the beginning of planning processes and not solely for
feedback on final drafts.
Identifying and addressing barriers to delivering services in partnership with By and For
organizations.
2.3 Fiscal Administration
Budget Caps
CHG Standard Administration - up to 15 percent of the CHG Standard and PSH CHF contracted
budget may be allocated to administration.
HEN Administration - up to 7 percent of the HEN contracted budget may be allocated to HEN
administration.
Eviction Prevention Administration – up to 15 percent of the total grant for the lead grantee
and up to 15 percent of each subgrantee grant total may be allocated to administration.
Budgeted amounts in these four funding categories cannot be changed by moving funds from
one of these categories to another.
Budget Categories
The following table maps the budget categories to the allowable expenses.
Fund
Source
Budget Categories Allowable Expenses - linked to relevant
sections of the Guidelines
CH
G
S
t
a
n
d
a
r
d
Admin Administration
Rent Rent
Facility Support Facility Support
Operations Operations, including Flexible Funding
PS
H
CH
F
PSH CHF Rent/Fac Support Rent and Facility Support
PSH CHF Operations Operations, including Flexible Funding
HE
N
HEN Admin Administration
HEN Rent/Fac Support Rent and Facility Support
HEN Operations Operations, including Flexible Funding
Ev
i
c
ti
o
n
Pr
e
v
e
n
t
i
o
n
Eviction Prevention Admin Administration
Eviction Prevention Rent Rent
Eviction Prevention Operations Operations, including Flexible Funding
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Reimbursements
Lead grantees must bill Commerce monthly for reimbursement of allowable costs. Invoices are due on
the 20th of the month following the provision of services. Final invoices for a biennium may be due
sooner than the 20th. If the lead grantee fails to submit an invoice within a three-month period,
without a reasonable explanation, Commerce may take corrective action as outlined in the lead
grantee contracted Scope of Work. Exceptions to billing procedures can be negotiated with Commerce
on a case-by-case basis.
Invoices must be submitted online using the Commerce Contract Management System (CMS) through
Secure Access Washington (SAW).
Back-up Documentation
All invoices must include the Voucher Detail Worksheet (if grantee has subgrantees) and the required
HMIS reports. Invoices may not be paid until the report(s) are received and verified. Commerce may
require a lead grantee to submit additional documentation. Lead grantees must retain original invoices
submitted by their subgrantees.
Budget Revisions
Revisions must be submitted using the Budget Revision Tool and approved by Commerce. Budget Caps
must be maintained with each revision.
A contract amendment is required when revisions (in one or cumulative transfers) reach more than 10
percent of the grant total.
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
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, tr ansitional 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 occasion s 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.
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 f amily 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
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.
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.
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)
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 olde r) 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.
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.
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).
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, tr ansitional 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.
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 Ge neral Assistance
Pregnancy (Pregnant Women Assistance recipient) from DSHS as documented in BVS.
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 ma y 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
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 transportat ion 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.
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
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.
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 cogniz ant agency or by use of the 10
percent de minimus rate.
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
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 Hou sing10 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
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/ho usehold 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 kno w,
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.
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.
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.
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 sub sidy.
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.
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
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 physic al
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.
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.
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
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.
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.
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
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
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)
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
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.
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 d ata 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
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.
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 Ge neral
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
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).
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
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 progra m, 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
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
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),
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 datab ase 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 S erver 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:
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
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 the se 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
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 ca rd, 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
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.
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e. Ensure that an employee’s access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment is terminated.
(3) When they no longer need access to the Data.
f. Have a process to periodically review and verify that only authorized users have
access to systems containing DSHS Confidential Information.
g. When accessing the Data from within the Lead/sub grantee’s network (the Data
stays within the Lead/sub grantee’s network at all times), enforce password and
logon requirements for users within the Lead/sub grantee network, including:
(1) A minimum length of 8 characters, and containing at least three of the
following character classes: uppercase letters, lowercase letters,
numerals, and special characters such as an asterisk, ampersand, or
exclamation point.
(2) That a password does not contain a user’s name, logon ID, or any form of
their full name.
(3) That a password does not consist of a single dictionary word. A password
may be formed as a passphrase which consists of multiple dictionary
words.
(4) That passwords are significantly different from the previous four
passwords. Passwords that increment by simply adding a number are not
considered significantly different.
h. When accessing Confidential Information from an external location (the Data will
traverse the Internet or otherwise travel outside the Lead/sub grantee network),
mitigate risk and enforce password and logon requirements for users by
employing measures including:
(1) Ensuring mitigations applied to the system don’t allow end -user
modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access.
Examples would include RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to
Trusted Network or to a component within the Trusted Network. The
traffic must be encrypted at all times while traversing any network,
including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re-authentication or
performs automated session termination after no more than 30 minutes
of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external
end point to the internal end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with
another authentication mechanism, such as a biometric (fingerprint, face
recognition, iris scan) or token (software, hardware, smart card, etc.) in that
case:
(1) The PIN or password must be at least 5 letters or numbers when used in
conjunction with at least one other authentication factor
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(2) Must not be comprised of all the same letter or number (11111, 22222,
aaaaa, would not be acceptable)
(3) Must not contain a “run” of three or more consecutive numbers (12398,
98743 would not be acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a
Mobile Device, passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case,
letter, number).
(3) Not contain more than a three consecutive character run. Passcodes
consisting of 12345, or abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
5. Protection of Data. The Lead/sub grantee agrees to store Data on one or more of the
following media and protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as
biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network
servers and made available through shared folders, access to the Data will be
restricted to Authorized Users through the use of access control lists which will
grant access only after the Authorized User has authenticated to the network
using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which
is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded
Data is sufficient as long as the disks remain in a Secure Area an d otherwise
meet the requirements listed in the above paragraph. Destruction of the Data,
as outlined below in Section 8 Data Disposition, may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secure Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data
provided by DSHS on optical discs which will be used in local workstation optical
disc drives and which will not be transported out of a Secure Area. When not in
use for the contracted purpose, such discs must be Stored in a Secure Area.
Workstations which access DSHS Data on optical discs must be located in an area
which is accessible only to authorized personnel, with access controlled through
use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data
provided by DSHS on optical discs which will be attached to network servers and
which will not be transported out of a Secure Area. Access to Data on these
discs will be restricted to Authorized Users through the use of access control lists
which will grant access only after the Authorized User has authenticated to the
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network using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records
in a Secure Area which is only accessible to authorized personnel. When not in
use, such records must be stored in a Secure Area.
f. Remote Access. Access to and use of the Data over the State Governmental
Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS
staff who will issue authentication credentials (e.g. a Unique User ID and
Hardened Password) to Authorized Users on Contractor’s staff. Contractor will
notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor,
and whenever an Authorized User’s duties change such that the Authorized User
no longer requires access to perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored
by the Lead/sub grantee on portable devices or media unless specifically
authorized within the terms and conditions of the Grant. If so
authorized, the Data shall be given the following protections:
(a) Encrypt the Data.
(b) Control access to devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical
token or biometrics.
(c) Manually lock devices whenever they are left unattended and set
devices to lock automatically after a period of inactivity, if this
feature is available. Maximum period of inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable
Devices and Portable Media by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are
shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and
Portable Media with DSHS Confidential Information must be under the
physical control of Lead/sub grantee staff with authorization to access
the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part
of a Lead/sub grantee’s existing, documented backup process for
business continuity or disaster recovery purposes. Such storage is
authorized until such time as that media would be reused during the
course of normal backup operations. If backup media is retired while
DSHS Confidential Information still exists upon it, such media will be
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destroyed at that time in accordance with the disposition requirements
below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Lead/sub grantee’s existing,
documented backup process for business continuity or disaster recovery
purposes. If so, such media will be protected as otherwise described in
this exhibit. If this media is retired while DSHS Confidential Information
still exists upon it, the data will be destroyed at that time in accordance
with the disposition requirements below in Section 8 Data Disposition.
i. Cloud storage. DSHS Confidential Information requires protections equal to or
greater than those specified elsewhere within this exhibit. Cloud storage of Data
is problematic as neither DSHS nor the Lead/sub grant ee has control of the
environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution,
unless all of the following conditions are met:
(a) Lead/sub grantee has written procedures in place governing use
of the Cloud storage and Contractor attests in writing that all such
procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Lead/sub grantee
network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within
the Cloud storage solution.
(e) The Lead/sub grantee will possess a decryption key for the Data,
and the decryption key will be possessed only by the Lead/sub
grantee and/or DSHS.
(f) The Data will not be downloaded to non-authorized systems,
meaning systems that are not on either the DSHS or Lead/sub
grantee networks.
(g) The Data will not be decrypted until downloaded onto a computer
within the control of an Authorized User and within either the
DSHS or Lead/sub grantee’s network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless
either:
(a) The Cloud storage provider is treated as any other Sub-
Contractor, and agrees in writing to all of the requirements within
this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health
Insurance Portability and Accountability Act (HIPAA), the Cloud provider
must sign a Business Associate Agreement prior to Data being stored in
their Cloud solution.
6. System Protection. To prevent compromise of systems which contain DSHS Data or
through which that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied
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within 3 months of being made available.
b. The Lead/sub grantee will have a method of ensuring that the requisite patches
and hotfixes have been applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if
available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti -virus
engine, and any malware database the system uses, will be no more than one
update behind current.
7. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS
data. This is to ensure that when no longer needed by the Lead/sub grantee, all
DSHS Data can be identified for return or destruction. It also aids in determining
whether DSHS Data has or may have been compromised in the event of a
security breach. As such, one or more of the following methods will be used for
data segregation.
(1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)
which will contain no non-DSHS Data. And/or,
(2) DSHS Data will be stored in a logical container on electronic media, such
as a partition or folder dedicated to DSHS Data. And/or,
(3) DSHS Data will be stored in a database which will contain no non-DSHS
data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable
from non-DSHS data by the value of a specific field or fields within
database records.
(5) When stored as physical paper documents, DSHS Data will be physically
segregated from non-DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data,
then both the DSHS Data and the non-DSHS data with which it is commingled
must be protected as described in this exhibit.
8. Data Disposition. When the contracted work has been completed or when the Data is
no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS
or destroyed. Media on which Data may be stored and associated acceptable methods
of destruction are as follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB flash
drives, portable hard disks) excluding
optical discs
Using a “wipe” utility which will overwrite
the Data at least three (3) times using either
random or single character data, or
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Confidential Information
Recycling through a contracted firm,
provided the contract with the recycler
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assures that the confidentiality of Data will
be protected.
Paper documents containing Confidential
Information requiring special handling (e.g.
protected health information)
On-site shredding, pulping, or incineration
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely
defacing the readable surface with a coarse
abrasive
Magnetic tape Degaussing, incinerating or crosscut
shredding
9. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to COMMERCE and DSHS Privacy
Officer at dshsprivacyofficer@dshs.wa.gov designated within one (1) business day of
discovery. Lead/sub grantee must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
10. Data shared with Subcontractors. If DSHS Data provided under this Grant is to be
shared with a subcontractor, the Grant with the subcontractor must include all of the
data security provisions within this Grant and within any amendments, attachments, or
exhibits within this Grant. If the Lead grantee cannot protect the Data as articulated
within this Grant, then the contract with the sub grantee must be submitted to
COMMERCE for review and approval.