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HomeMy WebLinkAbout2020-2023 Shelter in Place Subrecipient Agreement combined Agreement 2020-2023 Shelter in Place SR Page 01 SUBRECIPIENT AGREEMENT Between Kittitas County and HopeSource Shelter in Place Program This Agreement is made between Kittitas County (herein called the Local Government) and HopeSource (herein called Subrecipient) for the Shelter Program in Kittitas County (herein called the Project). Local Government Representative Subrecipient Representative Judy Pless, Budget and Finance Manager Phone 509-962-7502 Fax 509-962-7687 Email judy.pless@co.kittitas.wa.us Susan Grindle, Chief Executive Officer HopeSource Phone 509-925-1448 Fax 509-925-1204 Email skgrindle@hopesource.us Start Date End Date State Funds Amount $246,846 August 1, 2020 June 30, 2023 Washington State Department of Commerce Community Services & Housing Division Housing Assistant Unit Shelter Program Grant As Kittitas County has applied for and received an award, contract number 21-4610C-109, from Department of COMMERCE to fund the Shelter Program; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Service and the objectives of the local project; The parties agree that: 1. SCOPE OF SERVICE A. Local Government Responsibilities The Local Government is responsible for administration of the contract, and ensuring funds are used in accordance with all program requirements and its contract with COMMERCE referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the attached tasks, Attachment A to accomplish the objectives of the Project. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Agreement 2020-2023 Shelter in Place SR Page 02 2. TIME OF PERFORMANCE The effective date of this Agreement will be August 1, 2020 and complete execution of this agreement will be June 30, 2023. 3. BUDGET The Local Government will pass through to the Subrecipient no more than $246,846 in state funds for eligible incurred costs and expenses for the Project according to the following budget, Attachment B. The Local Government may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Any amendments to this Agreement’s Budget must first be determined by the Local Government as consistent with its contract with COMMERCE and then approved in writing by the Local Government and the Subrecipient. Any amendments to this Agreement’s Budget must first be determined by the Local Government as consistent with its contract with COMMERCE and then approved in writing by the Local Government and the Subrecipient. 4. PAYMENT The Local Government will reimburse the Subrecipient in accordance with the payment procedures outlined in the Department of COMMERCE Guidelines for the Shelter Program Grant (August 2020) Attachment C for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this agreement will be based on billings, supported by detail invoices and other appropriate detailed documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. Agreement 2020-2023 Shelter in Place SR Page 03 It is understood that this agreement is funded in whole or in part with funds through the Washington State Department of COMMERCE Shelter Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated the funded programs and any other requirements that the state may prescribe. 5. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of funds, overseeing compliance with requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 6. REPORTING The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. SPECIAL CONDITIONS A. Historical or Cultural Artifacts Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall complete the requirements of Governor’s Executive Order 05-05, where applicable, or Contractor shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s Executive Order 05-05, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer Agreement 2020-2023 Shelter in Place SR Page 04 at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 05-05. In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. B. Confidentiality and Safeguarding of Information 1. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. 2. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. Agreement 2020-2023 Shelter in Place SR Page 05 3. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 8. GENERAL CONDITIONS A. All Writings contained Herein This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. B. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement. COMMERCE and the State of Washington are not liable for claims or damages arising from the subrecipient’s performance of this contract. D. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. A copy of the certificate of insurance will be provided to the Local Government. The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. E. Funding Source Recognition The Subrecipient will insure recognition of the roles of COMMERCE and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Agreement 2020-2023 Shelter in Place SR Page 06 F. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government’s governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. G. Ownership If any of the funds granted under this Contract are used for property acquisition and or capital improvements, the Contractor agrees and will ensure that the real property or properties will solely be used to provide emergency housing for low-income households as defined under RCW 43.185A.010 (6), except during State of Emergency related to the COVID-19 outbreak described in the Proclamation by the Governor, 20-05 or similar states of emergency. Use of funds under this Contract are subject to the requirements of 2020 ESSB 6168 (Chapter 357, Laws of 2020), Section 127,subsection (85). If a housing provider organization other than the Contractor will own the property, all amounts used for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive covenants running with the land in favor of the Contractor for at least ten (10) years starting from the time the property is ready for occupancy by the intended population (the “Commitment Period”). The Contractor will be responsible for monitoring the property or properties to ensure compliance with its low-income restrictive covenant during the Commitment Period. If the Contractor will own the property, all amounts used for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive covenants running with the land in favor of the Department for at least ten (10) years starting from the time the property is ready for occupancy by the intended population. Each deed of trust and low-income restrictive covenant shall be recorded at the county or counties in which the property or properties are located. The Contractor will make a good faith effort not to incur costs reimbursable under this Contract in excess of what is reasonable given market prices, balanced by the need to act promptly to procure and operate housing and provide services necessary to respond to the State of Emergency. COMMERCE reserves the right to decline reimbursement of costs deemed excessive in COMMERCE’s discretion. H. Termination for Cause In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to Agreement 2020-2023 Shelter in Place SR Page 07 the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. I. Termination for Convenience Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. J. Termination Procedures Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its Agreement 2020-2023 Shelter in Place SR Page 08 discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. K. Treatment of Assets Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. 1. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. 2. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. 3. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. 4. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. Agreement 2020-2023 Shelter in Place SR Page 09 L. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to Kittitas County and COMMERCE. 2. Conflict of Interest No member of the Local Government’s governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient will take appropriate steps to assure compliance. J. Copyright Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. Agreement 2020-2023 Shelter in Place SR Page 010 9. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 10. PERFORMANCE WAIVER The Local Government’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. Attached to this Agreement is Attachment A the Scope of Work and Budget Attachment B the Budget Attachment B Program Guidelines IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this agreement as of the date and year last written below. KITTITAS COUNTY HOPESOURCE ________________________________________ ______________________________________ Signature Signature ________________________________________ ______________________________________ Name Name Title: Chairman, Board of Co Commissioners ___ Title: __________________________________ Date: 10-06-2020 _________________________ Date: __________________________________ Approved As To Legal Form: ___________________________________________ Attorney Attachment A Scope of Work Grantee commits to implementing a shelter program that uses equitable and creative approaches to bring people inside with the goal of exiting residents to permanent housing quickly as described in Grantee’s application for Shelter Program funds. A. Program Description 1. Overview a. Shelter program will serve all household types. b. Shelter program will add 10 beds. c. Shelter program will operate as continuous stay. 2. Facility Type a. Kittitas County will subgrant to HopeSource to operate a permanent emergency shelter site. b. The shelter program will be located at: 801 E 6th Ave. Ellensburg, WA 98926 c. The Shelter program’s proposed site location is an existing multi-family apartment complex, converted from market-rate apartments. There will be a combination of individual and shared units depending on the needs of households. The intended case management ratio will be one case manager per 20 housing units. 3. Racial Equity a. Kittitas County, HopeSource, and the City of Ellensburg will implement strategies to prevent racial inequities in who is served and program outcomes. HopeSource recognizes that race and ethnicity can significantly limit the opportunities of program participants, acknowledges the unequal impact of these factors, and works to help program participants in overcoming systemic racism through increased access to housing, education, asset building, income, employment, and high-quality food. HopeSource will continue to work with the Washington State Community Action Partnership and the National Community Action Partnership in its Page 011 Attachment A education, training, and research into Diversity, Equity, and Inclusion (DEI) and adopt the learning from that work in all its programs. HopeSource expects that employees, vendors, and subcontractors are sensitive to the culture, race and ethnicity, gender identity and sexual orientation, and the linguistic diversity within the populations served and will demonstrate behaviors and attitudes that enable them to work cross-culturally. HopeSource has invited Diversity, Equity, and Inclusion (DEI) consultants from The ReadySet to conduct a community forum and listening session that incorporates ally skills touchpoints, and will follow up with community groups to better understand barriers and biases of organizations and individuals. HopeSource will build capacity around DEI so that they continue to model diversity, equity, and inclusion for external stakeholders and communities and provide an equitable and inclusive environment for staff and partners. HopeSource will work with local leaders to move the following initiatives forward: conduct community forum and listening session incorporating ally skills touchpoints; ally skills workshops for HopeSource staff; and a more detailed ally skills workshop for the community. Ally skills workshop learning outcomes include telling the difference between allyship and being an accomplice; knowing how to intervene in workplace marginalization; empowered to speak up and respond when inequality occurs; understanding how to address and respond to workplace harm; exhibiting self-reflection as an ally. 4. Housing Focused Services a. HopeSource will provide housing case management to residents that is driven by the needs of the resident, is flexible, uses a strengths-based approach and is focused on obtaining and maintaining housing. HopeSource will connect shelter residents to mainstream services including but not limited to behavioral health, chemical dependency, education or workforce training, employment services and permanent supportive housing. HopeSource case managers create housing stability plans, which can include connections for housing, food, transportation, mental and physical health, addiction counseling, legal advice, and employment and education coaching and case management. Case managers work with clients to identify solutions to other barriers to the achievement of employment, education, social connections, and basic needs, whose absence keeps them from increasing their long term and sustainable self-sufficiency. Case managers continue contact with clients utilizing Progressive Engagement principles, supplying only the amount of support required to move a household forward. Page 012 Attachment A HopeSource case managers will provide services that include trauma- informed case management; crisis counseling; planning and support for timely resolution of a housing crisis; development of a housing and employment stability plan; support in moving into permanent housing; reunification with family or friends to secure or stabilize housing; and connecting clients to mainstream and community-based services, financial counseling, energy assistance, food, clothing, legal, and employment and education services. 5. Diversion and Problem Solving a. HopeSource will utilize problem-solving conversations to divert households from entering the shelter or utilizing crisis response system services longer term. HopeSource will use problem-solving conversations at the front end of Coordinated Entry. These conversations can accomplish the following, based on the needs of the household: connect the client to family and natural supports; provide strengths-based case management; provide conflict resolution/mediation; work with the client to search for housing/placement options; provide landlord/tenant mediation; connect the client to mainstream resources; refer the client to legal assistance. 6. Outreach a. HopeSource will provide outreach to unsheltered individuals. HopeSource will outreach to assist homeless youth who are living in the field, youth in homes that can provide only temporary residence sharing, and youth susceptible to COVID who cannot guarantee quarantine space in the home. HopeSource’s outreach and identification are accomplished through field visits as well as referrals from law enforcement, local and regional networks of social services and emergency services, public schools, faith-based organizations, and local businesses. HopeSource staff works closely with the Homeless Taskforce comprised of the City Attorney, local law enforcement, mental health providers, substance abuse providers, and the Kittitas County Fire Department. Staff also meets regularly with the Kittitas County Health Network, comprised of representatives of local medical care facilities, Emergency Medical Services, and the Kittitas County Fire Department, to identify homeless members of our community who are experiencing a high level of vulnerability and need continuous services. 7. Coordinated Entry Partnership a. Accessing the Enhanced Shelter program will begin with entry into the cloud- based Regional Coordinated Entry system managed by HopeSource. The system can also be accessed by phone or in person, and information on how to access Coordinated Entry is posted widely and visibly and shared with all Page 013 Attachment A public service providers. Staff can also conduct in-office, field-based, or phone intakes depending on the situation of the person contacting coordinated entry. The coordinated entry assessment includes a VI-SPDAT designed for each demographic to be served to determine the level of vulnerability and to develop a stability plan best suited to the needs of each client. 8. Administration a. Grantees will submit the following monthly deliverables with completeness, timeliness, accuracy and consistency: i. Invoice and Voucher Detail Worksheet for reimbursement (Guidelines: Fiscal Administration). ii. Grantees commit to reporting complete, quality data that is timely, truthful and accurate. (Guidelines: Requirements of all Lead Grantees and Subgrantees Providing Direct Service and HMIS User Agreement). iii. Grantees shall comply with all of the requirements, policies and procedures in the Shelter Program Grant Guidelines. B. Performance 1. Requirements a. Projects are not required to meet or make progress toward performance targets as a condition of funding for the current contract period. Project performance data will impact community and state level performance measures. b. Grantees should aim to improve the housing outcomes of Shelter Program participants. For each intervention type funded by the Shelter Program, grantees should adopt the following performance goals: 1 The target is the level of desirable performance and is an indicator of a high performing project. 2 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. Intervention Type Performance Goal HMIS Calculation Performance Target1 Emergency Shelter Increase Percent Exits to Permanent Housing Of people in the ES project who exited, those who exited to permanent housing destinations 50% Drop-in Emergency Shelter2 Increase Percent Exits to Positive Outcomes Of people in the ES project who exited, those who exited to Positive Outcome destinations 50% Page 014 Attachment A c. Equitable Access and Housing Outcomes i. Grantees should ensure equitable access to Shelter Program and equitable housing outcomes of Shelter Program participants. Equitable access means that the race and ethnicity of people entering the Shelter Program are similar to the community demographics. Equitable access is measured by comparing the percent of people in poverty by race and ethnicity to the percent of people entering the Shelter Program by race and ethnicity. Equitable housing outcomes means that the outcomes of the Shelter Program participants should be similar, regardless of race or ethnicity. d. Exit Destinations Exit Destinations Options Positive Outcome: The following destinations are considered Positive exits from Drop-in ES and Temporary Shelter Sites Permanent Housing: The following destinations are considered Permanent exits from Emergency Shelters Emergency shelter, including hotel or motel paid for with emergency shelter voucher, or RHY-funded Host Home shelter Positive Outcome Negative Outcome Foster Care home or foster care group home Positive Outcome Negative Outcome Hospital or other residential non-psychiatric medical facility Removed from denominator Removed from denominator Hotel or Motel paid for without emergency shelter voucher Positive Outcome Negative Outcome Jail, prison or juvenile detention facility Negative Outcome Negative Outcome Moved from one HOPWA funded project to HOPWA TH Positive Outcome Negative Outcome Place not meant for habitation (e.g., a vehicle, an abandoned building, bus/train/subway station/airport or anywhere outside) Negative Outcome Negative Outcome 3 A Temporary Shelter Site is defined as structure(s) or a location locally permitted to provide temporary shelter for people experiencing homelessness. Tents, mitigation sites, or hosted encampments are examples of Temporary Shelter Sites. Temporary Shelter Site3 Increase Percent Exits to Positive Outcomes Of people in the Other project who exited, those who exited to Positive Outcome destinations 50% All Reduce Average Length of Stay Of the people active in the project, the days homeless as measured by each client’s start, exit and bed night dates strictly as entered into HMIS. Not established Page 015 Attachment A Psychiatric hospital or other psychiatric facility Positive Outcome Negative Outcome Residential project or halfway house with no homeless criteria Removed from denominator Negative Outcome Safe Haven Positive Outcome Negative Outcome Staying or living with family, temporary tenure (e.g. room, apartment or house) Positive Outcome Negative Outcome Staying or living with friends, temporary tenure (e.g. room, apartment or house) Positive Outcome Negative Outcome Substance abuse treatment facility or detox center Positive Outcome Negative Outcome Transitional housing for homeless persons (including homeless youth) Positive Outcome Negative Outcome Long-term care facility or nursing home Positive Outcome Removed from denominator Host Home (non-crisis) Positive Outcome Permanent Housing Moved from one HOPWA funded project to HOPWA PH Positive Outcome Permanent Housing Owned by client, no ongoing housing subsidy Positive Outcome Permanent Housing Owned by client, with ongoing housing subsidy Positive Outcome Permanent Housing Permanent housing (other than RRH) for formerly homeless persons Positive Outcome Permanent Housing Rental by client, no ongoing housing subsidy Positive Outcome Permanent Housing Rental by client, with GPD TIP housing subsidy Positive Outcome Permanent Housing Rental by client, with other ongoing housing subsidy Positive Outcome Permanent Housing Rental by client, with VASH housing subsidy Positive Outcome Permanent Housing Staying or living with family, permanent tenure Positive Outcome Permanent Housing Staying or living with friends, permanent tenure Positive Outcome Permanent Housing Rental by client, with RRH or equivalent subsidy Positive Outcome Permanent Housing Page 016 Attachment A Rental by client, with HCV voucher (tenant or project based) Positive Outcome Permanent Housing Rental by client, with HCV voucher (tenant or project based) Positive Outcome Permanent Housing Deceased Removed from denominator Removed from denominator Client doesn’t know Unknown / Negative Outcome Unknown / Negative Outcome Client refused Unknown / Negative Outcome Unknown / Negative Outcome Data not collected Unknown / Negative Outcome Unknown / Negative Outcome No exit interview completed Unknown / Negative Outcome Unknown / Negative Outcome Other Unknown / Negative Outcome Unknown / Negative Outcome Page 017 Attachment B Participating Jurisdictions Amount Dedicated Kittitas County $128,663 City of Ellensburg $118,183 Grant Total $246,846 Shelter Program A, Kittitas County Enhanced Shelter Budget Category Amount Pre-Occupancy Up to $10,000 per bed prior to occupancy $0 Post-Occupancy Operations Up to $56 per day per net additional bed $246,846 Page 018 Guidelines FOR THE Shelter Program Grant August 2020 Attachment C Page 019 Page | 2 Contents 1 Grant Basics .............................................................................................................................................6 1.1 Overview ............................................................................................................................................... 6 1.2 Program Purpose .................................................................................................................................. 6 1.3 Fund Source .......................................................................................................................................... 6 2 Administrative Requirements of Lead Grantees .......................................................................................7 2.1 Training ................................................................................................................................................. 7 2.2 Grant Management .............................................................................................................................. 7 Changes to Guidelines ...................................................................................................................... 7 Commerce Monitoring ...................................................................................................................... 7 Subgrantee Requirements ................................................................................................................ 7 2.3 Fiscal Administration ............................................................................................................................ 8 Reimbursement Rates ....................................................................................................................... 8 Reimbursements ............................................................................................................................... 9 Budget Revisions ............................................................................................................................... 9 3 Allowable Expenses ............................................................................................................................... 10 3.1 Facility Support ................................................................................................................................... 10 3.2 Capital ................................................................................................................................................. 10 Property Acquisition ....................................................................................................................... 10 3.3 Operations .......................................................................................................................................... 10 Financial Assistance ........................................................................................................................ 10 Program Expenses ........................................................................................................................... 11 Ineligible Expenses .......................................................................................................................... 11 3.4 Administration .................................................................................................................................... 11 4 Allowable Interventions ......................................................................................................................... 12 4.1 Emergency Shelter .............................................................................................................................. 12 Shelter Program Models ................................................................................................................. 12 4.2 Service Delivery .................................................................................................................................. 12 Rules and Policies ............................................................................................................................ 12 Housing Stability Focused Services and Planning ........................................................................... 13 Diversion and Problem-Solving ....................................................................................................... 13 Progressive Engagement ................................................................................................................. 13 Attachment C Page 020 Page | 3 Street Outreach ............................................................................................................................... 14 Racially Equitable Access and Outcomes ........................................................................................ 14 Coordinated Entry ........................................................................................................................... 15 5 Facility Requirements ............................................................................................................................ 16 5.1 Facility Types....................................................................................................................................... 16 Emergency Shelter Facility .............................................................................................................. 16 Temporary Shelter Site ................................................................................................................... 16 Other Facility Types ........................................................................................................................ 16 5.2 COVID-19 Safety Measures ................................................................................................................ 16 5.3 Health and Safety ............................................................................................................................... 16 5.4 Lead Based Paint ................................................................................................................................. 17 6 Additional Requirements ....................................................................................................................... 18 6.1 HMIS ................................................................................................................................................... 18 Data Quality .................................................................................................................................... 18 Consent for Entry of Personally Identifying Information................................................................ 18 6.2 Ineligible Use of Funds ........................................................................................................................ 19 6.3 Personal Identifying Information ....................................................................................................... 19 6.4 Grievance Procedure .......................................................................................................................... 19 6.5 Termination and Denial of Service Policy ........................................................................................... 19 6.6 Records Maintenance and Destruction .............................................................................................. 19 6.7 Nondiscrimination .............................................................................................................................. 19 6.8 Accessibility ........................................................................................................................................ 20 6.9 Providing Move-In Assistance ............................................................................................................ 20 7 Appendices ............................................................................................................................................ 21 7.1 Appendix A: Required Policies and Procedures ................................................................................. 21 7.2 Appendix B: Performance Goals ......................................................................................................... 21 Overview ......................................................................................................................................... 21 Housing Outcome Performance Goals ........................................................................................... 21 Exit Destinations ............................................................................................................................. 22 Equitable Access and Outcomes ..................................................................................................... 24 7.3 Appendix C: HMIS Data Quality .......................................................................................................... 25 Completeness .................................................................................................................................. 25 Timeliness ....................................................................................................................................... 26 Accuracy .......................................................................................................................................... 26 Consistency ..................................................................................................................................... 27 7.4 Appendix D: Requirements for Providing Move-In Assistance .......................................................... 27 Attachment C Page 021 Page | 4 Washington Residential Landlord-Tenant Act ................................................................................ 27 Washington State’s Landlord Mitigation Law ................................................................................. 27 Lead Based Paint ............................................................................................................................. 27 Rental Agreements ......................................................................................................................... 28 Attachment C Page 022 Page | 6 1.1 Overview The Shelter Program Grant funds equitable and creative approaches to develop or expand shelter programs and bring people inside with the goal of exiting participants to permanent housing and positive destinations quickly. Programs enact strategies to ensure racially equitable access and racially equitable outcomes at shelter exit, provide outreach to unsheltered individuals and provide housing stability focused services. 1.2 Program Purpose The Office of Family and Adult Homelessness in the Housing Assistance Unit at the Department of Commerce administers state and federal funds to support homeless crisis response systems in WA State. The Shelter Program Grant is a critical resource in the crisis response system. People living unhoused become stably housed when the system is low barrier, trauma informed, culturally responsive and Housing First oriented. People living unstably housed become stably housed when the system is oriented toward problem solving conversations and personal advocacy to help people identify practical solutions based on their own available resources. We expect Commerce grantees, including county governments and nonprofits, to be leaders in their crisis response systems, facilitating partnership among service organizations and promoting evidence-based, anti-racist practices. Grantees must respond to the disproportionality in access to services, service provision and outcomes and cannot simply rely on standard business practices to address inequity. Grantees have the responsibility to ensure all people eligible for services receive support and are served with dignity, respect and compassion regardless of circumstance, ability or identity. This includes marginalized populations, Black, Native and Indigenous, People of Color, immigrants, people with criminal records, people with disabilities, people with mental health and substance use vulnerabilities, people with limited English proficiency, people who identify as transgender, people who identify as LGBTQ+, and other individuals that may not access mainstream support. We are here to support your efforts. The Housing Assistance Unit provides access to continuous learning on trauma informed services, racial equity, LGBTQ+ competency and more. We can help you strategize outreach, coordinated entry and help you understand your data so we can meet Washington’s vision that no person is left living outside. 1.3 Fund Source The Shelter Program Grant is funded by the Home Security Fund as appropriated by the Legislature. 1 Grant Basics Attachment C Page 023 Page | 7 2.1 Training Lead/subgrantees must identify staff for training. These staff should include staff that provide direct services and supervisors of direct service staff. The following trainings are required at least every three years and attendance must be documented:  Trauma Informed Services  Racial Equity  LGBTQ+ competency Other recommended trainings include:  Mental Health Training  Supporting individuals harmed by domestic violence  Local coordinated entry (CE) policies and procedures as required by lead CE entity  Diversion and Problem-Solving  Landlord Engagement in Rapid Rehousing  Crisis intervention  Professional boundaries  De-escalation  Case management Online trainings including Progressive Engagement for Programs and Systems, Working With Survivors of Domestic Violence and Introduction to Problem Solving (Diversion) are accessible on the Department of Commerce website. 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 3.3 Operations). 2.2 Grant Management Changes to Guidelines Commerce may revise the guidelines at any time. All lead grantees will receive revised copies. Lead grantees are responsible for sending revisions to subgrantees in a timely manner. Commerce Monitoring Commerce will monitor lead grantees’ grant activities. 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 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. 2 Administrative Requirements of Lead Grantees Attachment C Page 024 Page | 8 Lead grantees may enter into an agreement with any other local government, Council of Governments, Housing Authority, Community Action Agency, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington or regional or statewide nonprofit housing assistance organizations who operate programs to end homelessness within a defined service area. Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify Commerce if subgrants are terminated during the grant period. Lead grantees must notify Commerce of any changes in selection of subgrantees funded with the Shelter Program Grant. Subgrantee Risk Assessment and Monitoring Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in the Shelter Program Grant guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan for each subgrantee within six months of contracting Shelter Program Grant funds 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. 2.3 Fiscal Administration Reimbursement Rates  Commerce will reimburse for new beds1 created on and after January 1, 2020.  Commerce will reimburse up to $56 per day net additional person sheltered above the baseline of shelter occupancy prior to the award of funding.  Commerce will reimburse up to $10,000 per shelter bed prior to occupancy for costs associated with creating additional shelter capacity or improving existing shelters to improve occupancy rates and positive outcomes. The following table compares the billable budget categories to the allowable expenses. Budget Categories Applicable Rates Allowable Expenses Pre-Occupancy $10,000 per bed prior to occupancy Facility Support Capital Acquisition (pre-occupancy only) Operations Admin Post-Occupancy Operations $56 per day per bed 1 Examples of new beds include tents converted to tiny shelters/homes, seasonal or temporary beds converted to permanent beds or nightly drop-in beds converted to 24-hour beds. Attachment C Page 025 Page | 9 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 Shelter Program Enrollment Report. Commerce may require a lead grantee to submit additional documentation. Lead grantees must retain original invoices submitted by their subgrantees. Budget Revisions A contract amendment may be required when revisions (in one or cumulative transfers) reach more than 10 percent of the grant total. Attachment C Page 026 Page | 10 3.1 Facility Support  Lease, master lease or rent payment on a building used to provide emergency shelter  Hotel/Motel payments on a building or room used to provide emergency shelter  Utilities  Maintenance and repair  Security and janitorial services  Essential facility equipment and supplies  On-site and off-site management costs  Mortgage payments  Other expenses as approved in advance by Commerce 3.2 Capital  Construction  Capital improvements  Other expenses as approved by Commerce Property Acquisition  Property acquisition (only billable to Pre-Occupancy) 3.3 Operations Operations expenses are directly attributable to the Shelter Program.  Salaries and benefits for staff costs  Office space, utilities, supplies, phone, internet, and training  Equipment  Shelter supplies Financial Assistance Financial assistance must be paid directly to a third party on behalf of the household. Move-in Costs One-time move-in costs may be paid to assist participants in moving into permanent or transitional housing destinations. Eligible costs include:  First and last months’ rent  Housing security deposits  Utility deposits  Incentives paid to landlords  Application fees, background check fees, credit check fees  Other costs as approved in advance by Commerce Flexible Funding Flexible Funding is the provision of goods or payments of expenses which directly help a participant to obtain or maintain housing or meet essential household needs. 3 Allowable Expenses Attachment C Page 027 Page | 11 Essential household needs means personal health and hygiene items, cleaning supplies, transportation passes and other personal need items. Flexible Funding payments must be paid directly to a third party on behalf of the household. Ineligible Expenses  Ongoing rent/utility payments  Retailer or merchant gift cards, vouchers or certificates that can be exchanged for cash or that allow the recipient to purchase alcohol or tobacco products. Program Expenses  Intake and assessment  Housing support services  Outreach services  Data collection and entry  General liability insurance and automobile insurance  Other costs as approved in advance by Commerce Ineligible Expenses  Replacement or operating reserves 3.4 Administration Allowable administrative costs benefit the organization as a whole and cannot be attributed specifically to the Shelter Program.  Executive director salary and benefits  General organization insurance  Organization wide audits  Board expenses  Organization-wide membership fees and dues  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. This means:  Billed directly, such as IT services that are billed by the hour.  Shared costs that are allocated directly by means of a cost allocation plan.  Costs related to executive personnel such that a direct relationship between the cost and the benefit cannot be established must be charged indirectly by use of an indirect cost rate which has been appropriately negotiated with an approved cognizant agency or by use of the 10 percent de minimus rate. Attachment C Page 028 12 4.1 Emergency Shelter Emergency shelter provides short-term temporary shelter (lodging) for people experiencing homelessness. Shelter Program Models Drop-In Shelters Drop-In Shelters offer night-by-night living arrangements that allow households to enter and exit on an irregular or daily basis. Continuous-Stay Shelter Continuous-Stay Shelters offer living arrangements where households have a room or bed assigned to them throughout the duration of their stay. 4.2 Service Delivery Shelter Programs provide services oriented toward bringing people experiencing unsheltered homelessness inside, and exiting shelter participants to permanent housing and positive destinations quickly. Rules and Policies Shelter Programs must have realistic and clear expectations. Rules and policies must be narrowly focused on maintaining a safe environment for participants and the community and avoiding exits to homelessness. Shelter programs must have flexible intake schedules and require minimal documentation. At the minimum, people must not be screened out based on the following criteria:  Having little or no income  Having poor credit or financial history  Having poor or lack of rental history  Having involvement with criminal justice system2  Having active or a history of alcohol and/or substance use3  Having been impacted or affected by crime  The type or extent of disability-related services or supports that are needed  Lacking identification or proof of U.S. Residency Status  Other behaviors that are perceived as indicating a lack of “housing readiness”, including resistance to receiving services  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 Shelters may not have stay limits. Participants must not be exited to homelessness solely due to the number of days residing in shelter. 2 Shelter Programs serving families with children may screen participants for sex offenses. 3 Sobriety/recovery focused Shelter Programs may limit enrollment to individuals seeking a sober/recovery focused environment. 4 Allowable Interventions Attachment C Page 029 13 Shelter Programs must not require participants to pay a share of rent or program fees. Participants must not be terminated from the program 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 termination4 If a participant is terminated from the Shelter Program due to violating rules focused on maintaining a safe environment, there must be a process in place for the participant to re-enroll in the Shelter Program at a later date when the behavior has resolved. Housing Stability Focused Services and Planning Shelter Programs must offer housing stability focused services. Housing stability focused services are driven by the needs of the participant, are flexible, use a strengths-based approach and focus on obtaining stable housing. Shelter Programs should assess each participant’s needs and facilitate planning for stable housing. Assessments and housing stability planning should be documented. Services may also include:  Housing Identification Services: Recruit landlords to provide housing for Shelter Program participants and assist households with securing housing.  Financial Assistance: Provide assistance to cover move-in costs and deposits.  Case Management and Services: Provide services and connections to community resources5 that help participants obtain housing. Diversion and Problem-Solving Shelter Programs must employ Diversion and Problem-Solving. Diversion is a creative problem-solving approach to help participants resolve their housing crisis, ideally before entering the crisis response system. Diversion uses exploratory conversations to help participants identify realistic housing options based on their own resources. Diversion is often accompanied with short-term services including one- time financial or move-in assistance. Diversion approaches are utilized prior to Shelter Program enrollment and throughout a participant’s shelter stay. Progressive Engagement Shelter Programs must employ a Progressive Engagement approach in service delivery. Progressive Engagement means: 4 Does not apply to sobriety/recovery oriented Shelter Programs. 5 Community resources include behavioral health, chemical dependency, education or workforce training, employment services and permanent supportive housing. Attachment C Page 030 14  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 participant.  Participants exit to permanent housing or other positive destinations as soon as possible.  Having already received assistance does not negatively impact a participant’s eligibility if they face homelessness again. Street Outreach Street outreach is a strategy for engaging people experiencing homelessness who are otherwise not accessing services for the primary purpose of bringing them inside. Shelter Programs must ensure street outreach is provided to people experiencing unsheltered homelessness with the goal of bringing them inside to the Shelter Program. Street outreach must be linked to the county or regional CE by either performing mobile CE services (e.g. assessment) or by providing referrals to CE. Racially Equitable Access and Outcomes Shelter Programs must develop and implement strategies to prevent racial inequities in who is served and program outcomes. At a minimum, strategies must include:  Hiring and promoting both frontline and management staff who reflect the racial, cultural and language demographics of the population being served.  Implementing inclusive programming by intentionally seeking and utilizing input from the population being served. Additional recommended strategies to promote equity in services:  Affirmatively market the program.  Outreach to and develop meaningful connections with Tribal communities, farmworkers and other marginalized communities.  Provide interpretation services to ensure effective communication with people who have limited English proficiency.  Translate all documents and marketing information (including website) into the most common languages spoken in the community.  Offer flexible intake processes such as mobile, virtual and outreach-based intake.  Ensure direct service staff have relevant cultural competency training and educational materials. Attachment C Page 031 15 Coordinated Entry Shelter Programs are not required but may elect to participate in the county or regional CE process.6 To support effective partnerships, grantees should actively create and maintain relationships with CE. Additionally, Shelter Programs should refer clients to CE when their needs cannot be met by the project. Shelter Programs that elect to participate in the county or regional CE process must have a procedure that documents the referral process and comply with the Washington State Coordinated Entry Guidelines. 6 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 the Shelter Program Grant must participate in the county or regional CE process by accepting referrals and must fill openings exclusively through the CE process. Attachment C Page 032 16 5.1 Facility Types Emergency Shelter Facility An Emergency Shelter Facility is defined as a building locally permitted to provide emergency shelter for people experiencing homelessness. This includes re-use of existing buildings and new buildings. This designation requires a certificate of occupancy issued by the local jurisdiction. Temporary Shelter Site A Temporary Shelter Site is defined as structure(s) or a location locally permitted to provide temporary shelter for people experiencing homelessness. Tents, mitigation sites or hosted encampments are examples of Temporary Shelter Sites. This designation requires use approval, as required by the local jurisdiction. This could be conditional or temporary use permits, or a zoning letter stating approvals required. Temporary shelter structures referred to as “tiny shelters” or “tiny homes” are allowable facility types, in addition to other models approved by Commerce. Other Facility Types Hotels, motels, dormitories and efficiency dwelling units or apartments are allowable types of shelter facilities. Local permitting and occupancy requirements must be followed, as applicable. Shelter Programs utilizing hotel/motels must ensure access to beds each day the program is operational. 5.2 COVID-19 Safety Measures All shelters must implement applicable recommendations provided by the Washington State Department of Health and Centers for Disease Control and Prevention Guidance for Shared or Congregate Housing. Shelter facilities must obtain approval by the relevant local public health jurisdiction, Public Health Officer, County Medical Director or Department of Public Health Director prior to occupancy of the shelter. 5.3 Health and Safety All shelter facilities must be structurally sound to protect occupants from the elements and not pose any threat to health or safety. Space and privacy in sleeping areas must ensure privacy and dignity. Shelter facilities must be accessible for people who use wheelchairs or mobility devices and must provide reasonable accommodations, as needed. All shelter facilities must provide:  Access to hygiene facilities, including toilets, handwashing and garbage containers, all of which are serviced frequently  Access to storage for the belongings of shelter guests  Janitorial service/cleaning which ensures shelter space is hygienic and comfortable 5 Facility Requirements Attachment C Page 033 17  A bed for each participant that is in good condition with a clean and comfortable mattress, including bed linens7  Cribs, bassinets and infant formula for participants with minor children, as needed Shelter facilities should also provide:  Personal hygiene products  Access to kitchen facilities including a sink, refrigerator, stove, garbage containers and eating and cooking utensils  Food and beverages and food that is in accordance with the participant’s religious and cultural beliefs and personal practices  Access to laundry facilities 5.4 Lead Based Paint 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. 7 Not required for hosted encampments. Sites utilizing tents must include clean, comfortable and warm sleeping accommodations, such as a sleeping bag and pad or cot. Attachment C Page 034 18 6.1 HMIS Shelter Programs must enter participant data into the Homeless Management Information System (HMIS) in accordance with the most current HMIS Data Standards. Data Quality Shelter Programs 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. For detailed data quality requirements see Appendix E: HMIS Data Quality. Consent for Entry of Personally Identifying Information Identified Records  Personally identifying information (PII)8 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 participant is seen in person. 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 participants 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. 8 PII includes name, social security number, birthdate, address, phone number, email and photo. 6 Additional Requirements Attachment C Page 035 19 6.2 Ineligible Use of Funds Lead/subgrantees must inform Commerce if grant funds are spent on ineligible expenses. Reasonable attempts must be made to prevent ineligible use of funds. 6.3 Personal Identifying Information Personal identifying information must never be sent electronically unless sent via a secure file transfer. Request secure file transfer login credentials from Commerce. 6.4 Grievance Procedure Lead/subgrantees must have a written grievance procedure for households seeking or receiving services which includes the participant’s right to review decisions and present concerns to program staff not involved in the grievance. This procedure must:  Clearly describe how participants can request a review or report concerns  Be accessible to all participants seeking or receiving services 6.5 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 participants are made aware of the grievance procedure 6.6 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. 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. 6.7 Nondiscrimination Lead/subgrantees must comply with all federal, state, and local nondiscrimination laws, regulations and policies. Lead/subgrantees must comply with the Washington State Law against Discrimination, RCW 49.60, as it now reads or as it may be amended. RCW 49.60 currently prohibits discrimination or unfair practices because of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability. Lead/subgrantees must comply with the Federal Fair Housing Act and its amendments as it now reads or as it may be amended. The Fair Housing Act currently prohibits discrimination because of race, Attachment C Page 036 20 color, national origin, religion, sex, disability or family status. The Fair Housing Act prohibits enforcing a neutral rule or policy that has a disproportionately adverse effect on a protected class. Lead/subgrantees serving households with children must serve all family compositions. If a program operates gender-segregated facilities, the program must allow the use of facilities consistent with the participant’s gender expression or identity. Local nondiscrimination laws may include additional protected classes. 6.8 Accessibility Lead/subgrantees must ensure effective communication with people with disabilities, including access to all appropriate auxiliary aids and services necessary (e.g. braille, large type, assistive listening devices and sign language interpreters). Lead/subgrantees must ensure effective communication with people who speak other languages, have limited English proficiency, and/or have limited literacy abilities, as is locally appropriate. 6.9 Providing Move-In Assistance Lead/subgrantees providing move-in assistance must ensure participants receiving move-in assistance have rental agreements in place prior to move-in and provide information on the Washington Residential Landlord Tenant Act. See Appendix D: Requirements for Providing Move-In Assistance for detailed requirements. Attachment C Page 037 21 7.1 Appendix A: Required Policies and Procedures  Coordinated Entry Procedure, if applicable (Section 4.2.7)  Grievance Procedure (Section 6.4)  Termination and Denial of Service Policy (Section 6.5) 7.2 Appendix B: Performance Goals Overview Performance measures help evaluate the effectiveness of the Shelter Program Grant. The current contract period will serve to gather baseline data and may inform renewal of Shelter Program Grant funding. Projects are not required to meet or make progress towards performance targets as a condition of funding for the current contract period. Project performance data will impact community and state level performance measures. Commerce has identified the following as the most critical performance measures for the Shelter Program:  Increasing Exits to Permanent Housing  Increasing Percent Exits to Positive Outcomes  Reducing the Length of Stay  Equitable Access and Outcomes Housing Outcome Performance Goals Lead/subrantees should aim to improve the housing outcomes of Shelter Program Grant participants. For each intervention type funded by the Shelter Program Grant, lead/subgrantees should adopt the following performance goals. 9 The target is the level of desirable performance and is an indicator of a high performing project. 10 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. 7 Appendices Intervention Type Performance Goal HMIS Calculation Performance Target9 Emergency Shelter Increase Percent Exits to Permanent Housing Of people in the ES project who exited, those who exited to permanent housing destinations 50% Drop-in Emergency Shelter10 Increase Percent Exits to Positive Outcomes Of people in the ES project who exited, those who exited to Positive Outcome destinations 50% Temporary Shelter Increase Percent Exits to Positive Outcomes Of people in the Other project who exited, those who exited to Positive Outcome destinations 50% Attachment C Page 038 22 Exit Destinations Exit Destinations Options Positive Outcome: The following destinations are considered Positive exits from Drop-in ES and Temporary Shelter Sites Permanent Housing: The following destinations are considered Permanent exits from Emergency Shelters Emergency shelter, including hotel or motel paid for with emergency shelter voucher, or RHY-funded Host Home shelter Positive Outcome Negative Outcome Foster Care home or foster care group home Positive Outcome Negative Outcome Hospital or other residential non-psychiatric medical facility Removed from denominator Removed from denominator Hotel or Motel paid for without emergency shelter voucher Positive Outcome Negative Outcome Jail, prison or juvenile detention facility Negative Outcome Negative Outcome Place not meant for habitation (e.g., a vehicle, an abandoned building, bus/train/subway station/airport or anywhere outside) Negative Outcome Negative Outcome Psychiatric hospital or other psychiatric facility Positive Outcome Negative Outcome Residential project or halfway house with no homeless criteria Removed from denominator Negative Outcome Safe Haven Positive Outcome Negative Outcome Staying or living with family, temporary tenure (e.g. room, apartment or house) Positive Outcome Negative Outcome Staying or living with friends, temporary tenure (e.g. room, apartment or house) Positive Outcome Negative Outcome Substance abuse treatment facility or detox center Positive Outcome Negative Outcome Transitional housing for homeless persons (including homeless youth) Positive Outcome Negative Outcome 11 A Temporary Shelter Site is defined as structure(s) or a location locally permitted to provide temporary shelter for people experiencing homelessness. Tents, mitigation sites or hosted encampments are examples of Temporary Shelter Sites. Site11 All Reduce Average Length of Stay Of the people active in the project, the days homeless as measured by each client’s start, exit and bed night dates strictly as entered into HMIS Not established Attachment C Page 039 23 Long-term care facility or nursing home Positive Outcome Removed from denominator Host Home (non-crisis) Positive Outcome Permanent Housing Owned by client, no ongoing housing subsidy Positive Outcome Permanent Housing Owned by client, with ongoing housing subsidy Positive Outcome Permanent Housing Permanent housing (other than RRH) for formerly homeless persons Positive Outcome Permanent Housing Rental by client, no ongoing housing subsidy Positive Outcome Permanent Housing Rental by client, with GPD TIP housing subsidy Positive Outcome Permanent Housing Rental by client, with other ongoing housing subsidy Positive Outcome Permanent Housing Rental by client, with VASH housing subsidy Positive Outcome Permanent Housing Staying or living with family, permanent tenure Positive Outcome Permanent Housing Staying or living with friends, permanent tenure Positive Outcome Permanent Housing Rental by client, with RRH or equivalent subsidy Positive Outcome Permanent Housing Rental by client, with HCV voucher (tenant or project based) Positive Outcome Permanent Housing Rental by client, with HCV voucher (tenant or project based) Positive Outcome Permanent Housing Deceased Removed from denominator Removed from denominator Client doesn’t know Unknown / Negative Outcome Unknown / Negative Outcome Client refused Unknown / Negative Outcome Unknown / Negative Outcome Data not collected Unknown / Negative Outcome Unknown / Negative Outcome No exit interview completed Unknown / Negative Outcome Unknown / Negative Outcome Other Unknown / Negative Outcome Unknown / Negative Outcome Attachment C Page 040 24 Equitable Access and Outcomes Lead/subgrantees should ensure equitable access to the Shelter Program and equitable housing outcomes of Shelter Program participants. Equitable Access Equitable access means that the race and ethnicity of people entering the Shelter Program are similar to the community demographics. Equitable access is measured by comparing the percent of people in poverty by race and ethnicity to the percent of people entering the Shelter Program by race and ethnicity. Access Data Example: Percent of Total in Poverty in Community X Percent of Total enrolled in Shelter Program American Indian and Alaska Native 5% 1% Asian 4% 4.% Black or African American 10% 1.2% Hispanic or Latinx (of any race) 30% 5% Native Hawaiian and Other Pacific Islander 1% 0.8% White (Non-Hispanic / Non-Latinx) 50% 88% This example data indicates that access to the Shelter Program is not racially equitable. American Indian and Alaska Native, Black or African American and Hispanic or Latinx community members are not accessing the Shelter Program at the expected rate. Equitable Housing Outcomes Equitable housing outcomes means that the outcomes of the Shelter Program participants should be similar, regardless of race or ethnicity. Outcome Date Example: Percent of exits to Permanent Housing All Program Participants 55% American Indian and Alaska Native 43% Asian 58% Black or African American 40% Hispanic or Latinx (of any race) 54% Native Hawaiian and Other Pacific Islander 50% White (Non-Hispanic / Non-Latinx) 60% This example data indicates that Shelter Program outcomes are not racially equitable. American Indian and Alaska Native, Black or African American, and Native Hawaiian and Other Pacific Islander shelter participants are exiting to permanent housing at a significantly lower rate than White shelter participants. Attachment C Page 041 25 7.3 Appendix C: HMIS Data Quality Shelter Programs 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. Shelter Programs are expected to collect first name, last name, date of birth, race and ethnicity from participants that give consent on the HMIS consent form. Shelter Programs will never require a participant to provide this information even if they have consented, but should gather it to the best of their ability. All participants, consenting and non-consenting, must have complete prior living situation and exit destination data. Examples of incomplete entries: *Only measured for consenting participants. Expected completeness measures for project types: Data Element Emergency Shelter Night-by- Night/Drop-in Emergency Shelter Name* 85% 80% Date of Birth* 85% 80% Race* 85% 80% Ethnicity* 85% 80% Prior Living Situation 85% 80% Destination 80% 50% *Only measured for consenting participants. Incomplete Entries Data Element Incomplete if… Name* [Quality of Name] field contains Partial, Street name, or Code name, Client doesn’t know, Client refused or Data not collected; or [First Name] or [Last Name] is missing. Date of Birth* [Quality of DOB] field contains Approximate, Partial DOB reported, Client doesn't know, Client refused or Data not collected; or [Date of Birth] is missing. Race* [Race] field contains Client doesn't know, Client refused, Data not collected, or is missing. Ethnicity* [Ethnicity] field contains Client doesn't know, Client refused, Data not collected, or is missing. Prior Living Situation [Prior Living Situation] is client doesn't know, client refused, data not collected, or is missing. Destination [Destination] is Client doesn't know, Client refused, No exit interview completed, Data not collected, or is missing. Attachment C Page 042 26 Timeliness Participant 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. Shelter Programs must enter/update project participant data in HMIS within 14 calendar days following the date of project enrollment/exit. Counties not using the State HMIS (data integration counties), must work with the HMIS Manager to provide full CSV exports every six months. When Commerce is able to accept monthly imports, Counties must upload data to the State’s HMIS using XML or CSV schema compliant with current HUD HMIS Data Standards. Uploads must occur no later than the 30th calendar day following the end of each month. Counties not able to export and upload data to the State HMIS using an approved format must use the State HMIS for direct data entry. Accuracy Data entered into HMIS must reflect the real situation of the participant as closely as possible. Accurate data is necessary to ensure any project reporting fairly represents the work of the project and each participant’s story. Examples of data accuracy: Elements of Data Accuracy Date of Birth and Project Start Date Ensure the two are not the same dates. Prior Living Situation data elements Ensure responses for Prior living situation, Length of stay in prior living situation, Approximate date homelessness started, Number of times the client has experienced homelessness in the last 3 years, and Number of months experiencing homelessness in the last 3 years do not conflict with each other. Disabling Condition Ensure the Yes/No answer does not conflict with the specific types of disabling conditions. Health Insurance Ensure the Yes/No answer does not conflict with the specific types of health insurance. Monthly Income Ensure the Yes/No answer does not conflict with the specific sources of monthly income. Non-Cash Benefits Ensure the Yes/No answer does not conflict with the specific sources of non-cash 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. Attachment C Page 043 27 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. Participants who refuse consent must be made anonymous per Department of Commerce Guidance and the consent refused client entry guide. 7.4 Appendix D: Requirements for Providing Move-In Assistance Washington Residential Landlord-Tenant Act Lead/subgrantees must provide information on the Washington Residential Landlord Tenant Act (RCW 59.18) to participants receiving rent assistance. For more information on this law, visit Washington Law Help, housing page, tenant rights at www.washingtonlawhelp.com. Washington State’s Landlord Mitigation Law 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. Lead Based Paint 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 on the EPA’s website. It is recommended that Shelter Programs providing move-in assistance also share this information with participants. Attachment C Page 044 28 Rental Agreements Shelter Programs must ensure one of the following types of agreements are in place if move-in assistance is paid on behalf of a participant: Intent to Rent, Lease or Certification of Payment Obligation. 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 participant 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 Shelter Program Certification of Payment Obligation Form is required for rent subsidies paid to a friend or family member who is not in the business of property management. Attachment C Page 045