HomeMy WebLinkAboutGrant Related - BOCCK 19-085 45 -
CONSOLIDATED
HOMELESS GRANT
SUB RECIPIENT AGREEMENT
THIS AGREEMENT is made and entered into by and between GRANT COUNTY,
WASHINGTON ("COUNTY"), duly organized and operating under and by virtue of the
Constitution and the laws of the State of Washington, and the HOUSING AUTHORITY OF
GRANT COUNTY, ("SUB RECIPIENT"), a quasi -municipal corporation.
In consideration of the mutual benefits and covenants contained herein, the parties agree
as follows:
1. DURATION OF AGREEMENT
The term of this Consolidated Homeless Grant (#19-46108-10) Agreement shall begin on
July 1, 2019, and shall terminate on June 30, 2021.
2. SERVICES PROVIDED BY THE SUB RECIPIENT
The SUB RECIPIENT represents that it is qualified and possesses the necessary expertise,
knowledge, training, and skills, and has the necessary licenses and/or certification to perform the
services set forth in this Agreement.
The SUB RECIPIENT shall perform the following services:
Determine eligibility and provide assistance to individuals/households for assistance for
housing to prevent homelessness and quickly re -house households who are unsheltered as set forth
in Exhibit A, Department of Commerce Guidelines for Consolidated Homeless Grant (July 1, 2019
— June 30, 2021), attached hereto and fully incorporated by reference.
a. A description of the services to be performed by the SUB RECIPIENT is set forth
in Exhibit A.
b. The SUB RECIPIENT shall provide services in Grant County, and also serve
Housing and Essential Needs (HEN) and Temporary Assistance for Needy Families (TANF)
households in Adams County.
C. The SUB RECIPIENT agrees to provide its own labor and materials. Unless
otherwise provided for in the Agreement, no material, labor, or facilities will be furnished by the
COUNTY.
d. The SUB RECIPIENT shall perform according to standard industry practice of the
work specified by this Agreement.
e. The SUB RECIPIENT shall complete its work in a timely manner and in
accordance with the schedule agreed to by the parties.
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f. The SUB RECIPIENT shall, from time to time, during the progress of the work,
confer with the COUNTY. At the COUNTY'S request, the SUB RECIPIENT shall prepare and
present status reports on its work.
g. The SUB RECIPIENT shall be in compliance with the Department of Commerce
Consolidated Homeless Grant Guidelines attached hereto as Exhibit A and/or as may be updated
by the Department of Commerce, with such guidelines fully incorporated herein by reference.
SPECIFICALLY, SUB RECIPIENT is required to collect verification of homelessness and
income to determine the eligibility of persons served as set forth in Exhibit A, Consolidated
Homeless Grant Guidelines.
h. The SUB RECIPIENT shall authorize County staff to have access to the client data
in its electronic and physical files for verification regarding the individuals/families participating
in the HEN Grant.
3. SERVICES PROVIDED BY THE COUNTY
In order to assist the SUB RECIPIENT in fulfilling its duties under this Agreement, the
COUNTY shall provide the following:
a. Relevant information as exists to assist the SUB RECIPIENT with the performance
of the SUB RECIPIENT'S services.
b. Coordination with other County Departments or other Consultants as necessary for
the performance of the SUB RECIPIENT'S services.
Services documents, or other information identified in Exhibit A.
4. AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
For COUNTY: Jill Hammond
Administrative Services Coordinator
Board of County Commissioners
Grant County Courthouse
P.O. Box 37
Ephrata WA 98823-0037
For HAGC Carol Anderson
Housing Authority of Grant County
1139 Larson Boulevard
Moses Lake, WA 98837-3308
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5. COMPENSATION
a. For services performed hereunder, the SUB CONTRACTOR shall be paid, on a
fixed basis concerning the term of this Agreement, defined herein as July 1, 2019 to June 30, 2021,
from those rates/funds set forth in State Contract #19-46108-10, a copy of the same attached hereto
as Exhibit B and incorporated herein by reference. The maximum total amount payable by the
COUNTY to the SUB RECIPIENT under this Agreement shall not exceed $886,231.00, or as may
be amended by the Department of Commerce;
• PROVIDED: Administrative costs of $3,000.00 incurred by the COUNTY will be
reimbursed out of grant funds as set forth below:
o $1,500.00 administration costs for July 1, 2019 to June 30, 2020; and
o $1,500.00 administration costs for July 1, 2020 to June 30, 2021.
b. No payment shall be made for any work performed by the SUB RECIPIENT,
except for work identified and set forth in this Agreement or supporting exhibits or attachments
incorporated by reference into this Agreement.
C. The SUB RECIPIENT may submit invoices to the COUNTY not more often than
once per month during the progress of the work for partial payment of work completed to date.
Invoices shall cover the time SUB RECIPIENT performed work for the COUNTY during the
billing period. The COUNTY shall pay the SUB RECIPIENT for services rendered in the month
following the actual delivery of the work and will remit payment within thirty (30) days from the
date of receipt of billing.
d. The SUB RECIPIENT shall not be paid for services rendered under the Agreement
unless and until they have been performed to the satisfaction of the COUNTY.
e. In the event the SUB RECIPIENT has failed to perform any substantial obligation
to be performed by the SUB RECIPIENT under this Agreement and such failure has not been
cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its
sole discretion, upon written notice to the SUB RECIPIENT, withhold any and all monies due and
payable to the SUB RECIPIENT, without penalty until such failure to perform is cured or
otherwise adjudicated. "Substantial" for purposes of this Agreement means faithfully fulfilling
the terms of the Agreement with variances only for technical or minor omissions or defects.
f. Unless otherwise provided for in this Agreement or any exhibits or attachments
hereto, the SUB RECIPIENT will not be paid for any billings or invoices presented for payment
prior to the execution of the Agreement or after its termination.
6. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the SUB RECIPIENT in the performance
of any work required under this Agreement, the SUB RECIPIENT shall make any and all necessary
corrections without additional compensation. All work submitted by the SUB RECIPIENT shall
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be certified by the SUB RECIPIENT and checked for errors and omissions. The SUB RECIPIENT
shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY.
b. No amendment, modification or renewal shall be made to this Agreement unless
set forth in a written Contract Amendment, signed by both parties and attached to this Agreement.
Work under a Contract Amendment shall not proceed until the Contract Amendment is duly
executed by the COUNTY.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The SUB RECIPIENT shall hold harmless, indemnify and defend the COUNTY,
its officers, officials, employees and agents, from and against any and all claims, actions, suits,
liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the SUB RECIPIENT'S acts, errors or omissions
or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts
any of them may be liable, in the performance of this Agreement. Claims shall include, but not be
limited to, assertions that information supplied or used by the SUB RECIPIENT or subcontractor
infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade
practice. PROVIDED HOWEVER, that the SUB RECIPIENT'S obligations hereunder shall not
extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the
COUNTY, its officers, officials, employees or agents. PROVIDED, FURTHER, that in the event
of the concurrent negligence of the parties, the SUB RECIPIENT'S obligations hereunder shall
apply only to the percentage of fault attributable to the SUB RECIPIENT, its employees, agents
or subcontractors.
b. In any and all claims against the COUNTY, its officers, officials, employees and
agents by any employee of the SUB RECIPIENT, subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the SUB RECIPIENT or
subcontractor under Worker's Compensation acts, disability benefits acts, or other employee
benefits acts, it being clearly agreed and understood by the parties hereto that the SUB RECIPIENT
expressly waives any immunity the SUB RECIPIENT might have had under Title 51 RCW. By
executing the Agreement, the SUB RECIPIENT acknowledges that the foregoing waiver has been
mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as
relevant, into any contract the SUB RECIPIENT makes with any subcontractor or agent
performing work hereunder.
C. The SUB RECIPIENT'S obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or omission, or
breach of any common law, statutory or other delegated duty by the SUB RECIPIENT, the SUB
RECIPIENT'S employees, agents or subcontractors.
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8. INSURANCE
SUB RECIPIENT shall provide insurance coverage as set out in this section. The intent
of the required insurance is to protect the COUNTY should there be any claims, suits, actions,
costs, damages or expenses arising from any loss, or negligent or intentional act or omission of
SUB RECIPIENT, or it agents, while performing under the terms of this Agreement.
The insurance required shall be issued by an insurance company authorized to do business
within the State of Washington. Except for Professional Liability or Errors and Omissions
Insurance, the insurance shall name the COUNTY, its agents, officers, and employees as
additional insureds under the insurance policy. All policies shall be primary to any other valid
and collectable insurance. SUB RECIPIENT shall instruct the insurers to give COUNTY thirty
(30) calendar days advance notice of any insurance cancellations, non -renewal or modification.
SUB RECIPIENT shall submit to COUNTY within fifteen (15) calendar days of the
Agreement start date, a certificate of insurance which outlines the coverage and limits defined
in this insurance section. During the term of this Agreement, SUB RECIPIENT shall submit
renewal certificates not less than thirty (30) calendar days prior to expiration of each policy
required under this section.
SUB RECIPIENT shall provide insurance coverage that shall be maintained in full force
and effect during the term of this Agreement, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General
Liability Insurance Policy, including contractual liability, written on an occurrence basis,
in adequate quantity to protect against legal liability arising out of Agreement activity but
not less than $1,000,000.00 per occurrence. Additionally, SUB RECIPIENT is
responsible for ensuring that any subcontractors provide adequate insurance coverage for
the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Agreement involves
the use of vehicles, owned or operated by the SUB RECIPIENT, automobile liability is
$1,000,000.00 per occurrence, using a Combined Single Limit for bodily injury and
property damage.
Professional Liability, Errors and Omissions Insurance. SUB RECIPIENT shall
maintain Professional Liability or Errors and Omissions Insurance. SUB RECIPIENT
shall maintain minimum limits of no less than $1,000,000.00 per occurrence to cover all
activities by the SUB RECIPIENT and licensed staff employed by SUB RECIPIENT.
COUNTY, its agents, officers, and employees need not be named as additional insureds
under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act
on behalf of SUB RECIPIENT for the purpose of receiving or depositing funds into
program accounts or issuing financial documents, checks, or other instruments of
payment for program costs shall be insured to provide protection against loss:
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A. The amount of fidelity coverage secured pursuant to this Agreement shall be
$100,000.00 or the highest of planned reimbursement for the Agreement period,
whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall
name the COUNTY as a beneficiary.
B. SUB RECIPIENT shall secure fidelity insurance as noted above. Fidelity
insurance secured by SUB RECIPIENT pursuant to this paragraph shall name the
COUNTY as beneficiary.
C. SUB RECIPIENT shall provide, at COUNTY's request, copies of insurance
instruments or certifications from the insurance issuing agency. The copies of
certifications shall show the insurance coverage, the designated beneficiary, who
is covered, the amounts, the period of coverage, and that COUNTY will be
provided thirty (30) days advance notice of cancellation.
9. TERMINATION
a. The COUNTY may terminate this Agreement for convenience in whole or in part
whenever the COUNTY determines, in its sole discretion that such termination is in the best
interests of the COUNTY. The COUNTY may terminate this Agreement upon giving thirty (30)
days written notice by Certified Mail to the SUB RECIPIENT. In that event, the COUNTY shall
pay the SUB RECIPIENT for all costs incurred by the SUB RECIPIENT in performing the
Agreement up to the date of such notice. Payment shall be made in accordance with Section 5 of
this Agreement.
b. In the event that funding for this project is withdrawn, reduced or limited in any
way after the effective date of this Agreement, the COUNTY may summarily terminate this
Agreement notwithstanding any other termination provision of the Agreement. Termination under
this paragraph shall be effective upon the date specified in the written notice of termination sent
by the COUNTY to the SUB RECIPIENT. After the effective date, no charges incurred under this
Agreement are allowable.
C. If the SUB RECIPIENT breaches any of its obligations hereunder, and fails to cure
the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may
terminate this Agreement, in which case the COUNTY shall pay the SUB RECIPIENT only for
the costs of services accepted by the COUNTY, in accordance with Section 5 of this Agreement.
Upon such termination, the COUNTY, at its discretion, may obtain performance of the work
elsewhere, and the SUB RECIPIENT shall bear all costs and expenses incurred by the COUNTY
in completing the work and all damage sustained by the COUNTY by reason of the SUB
RECIPIENT'S breach. If, subsequent to termination, it is determined for any reason that (1) the
SUB RECIPIENT was not in default, or (2) the SUB RECIPIENT'S failure to perform was not its
fault or its subcontractor's fault or negligence, the termination shall be deemed to be a termination
under subsection a of this section.
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10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. The SUB RECIPIENT shall perform the terms of the Agreement using only its bona
fide employees or agents who have the qualifications to perform under this Agreement. The
obligations and duties of the SUB RECIPIENT under this Agreement shall not be assigned,
delegated, or subcontracted to any other person or firm without the prior express written consent
of the COUNTY.
b. The SUB RECIPIENT warrants that it has not paid nor has it agreed to pay any
company, person, partnership, or firm, other than a bona fide employee working exclusively for
SUB RECIPIENT, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
11. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of any
provision(s) of this Agreement does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to enforce any of the provisions of this
Agreement at a later time.
12. INDEPENDENT CONTRACTOR
a. The SUB RECIPIENT'S services shall be furnished by the SUB RECIPIENT as an
Independent Contractor and not as an agent, employee or servant of the COUNTY. The SUB
RECIPIENT specifically has the right to direct and control SUB RECIPIENT'S own activities in
providing the agreed services in accordance with the specifications set out in this Agreement.
b. The SUB RECIPIENT acknowledges that the entire compensation for this
Agreement is set forth in Section 5 of this Agreement, and the SUB RECIPIENT is not entitled to
any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges
afforded to Grant County employees.
C. The SUB RECIPIENT shall have and maintain complete responsibility and control
over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee,
agent or representative of the SUB RECIPIENT shall be or deem to be or act or purport to act as
an employee, agent or representative of the COUNTY.
d. The SUB RECIPIENT shall assume full responsibility for the payment of all
payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments
required by any city, county, federal or state legislation which is now or may during the term of
this Agreement be enacted as to all persons employed by the SUB RECIPIENT and as to all duties,
activities and requirements by the SUB RECIPIENT in performance of the work on this project
and under this Agreement and shall assume exclusive liability therefore, and meet all requirements
thereunder pursuant to any rules or regulations.
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e. The SUB RECIPIENT agrees to immediately remove any of its employees or
agents from assignment to perform services under this Agreement upon receipt of a written request
to do so from the COUNTY'S contract representative or designee.
13. COMPLIANCE WITH LAWS
The SUB RECIPIENT shall comply with all applicable federal, state and local laws, rules
and regulations in performing this Agreement.
14. INSPECTION OF BOOKS AND RECORDS
The COUNTY may, at reasonable times, inspect the books and records of the SUB
RECIPIENT relating to the performance of this Agreement. The SUB RECIPIENT shall keep all
records required by this Agreement for six (6) years after termination of this Agreement for audit
purposes.
15. NONDISCRIMINATION
The SUB RECIPIENT, its assignees, delegates or subcontractors shall not discriminate
against any person in the performance of any of its obligations hereunder on the basis of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual
orientation, or the presence any sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a person with a disability. Implementation of this provision shall be
consistent with RCW 49.60, et. seq.
16. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Agreement shall be
"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the
COUNTY. This material includes, but is not limited to, books, computer programs, plans,
specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes,
and/or training materials. Ownership includes the right to copyright, patent, register, and the
ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the
SUB RECIPIENT for purposes other than those intended by this Agreement, it does so at its sole
risk and it agrees to hold the SUB RECIPIENT harmless therefore to the extent such use is agreed
to in writing by the SUB RECIPIENT.
b. An electronic copy of all or a portion of material produced shall be submitted to the
COUNTY upon request or at the end of the job using the word processing program and version
specified by the COUNTY.
17. DISPUTES
Differences between the SUB RECIPIENT and the COUNTY, arising under and by virtue
of this Agreement, shall be brought to the attention of the COUNTY at the earliest possible time
in order that such matters may be settled or other appropriate action promptly taken. Any dispute
relating to the quality or acceptability of performance and/or compensation due the SUB
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RECIPIENT shall be decided by the COUNTY'S Contract representative or designee. All rulings,
orders, instructions and decisions of the COUNTY'S contract representative shall be final and
conclusive, subject to the SUB RECIPIENT'S right to seek judicial relief pursuant to Section 18.
18. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this Agreement shall be
governed by the laws of the State of Washington, both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction
in Grant County, Washington.
19. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
C. Should the COUNTY determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the COUNTY
may, in its sole discretion, terminate this Agreement.
20. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Agreement are specifically excluded.
21. NOTICES
Any notices shall be effective if personally served upon the other party or if mailed by
registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice
may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed
to be given three days following the date of mailing or immediately if personally served. For
service by facsimile, service shall be effective upon receipt during working hours. If a facsimile
is sent after working hours, it shall be effective at the beginning of the next working day.
The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was
mutually neizotiated and specifically agreed to by the parties herein.
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PHIS AGREEMENT, consisting of 10 pages, and 65 pages of attachments (for a total of
75 pages) is executed by the persons signing below who warrant that they have the authority to
execute the Agreement.
1
DATED this r1r day ofJukr'k 2b14.
ATTEST:
Approved As to Form:
By
Kevin M Crae
Civil Deputy Prosecuting Attorney
Date: / 1
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Tom T(aayyloor, Chair
Cin arter, Vicc it
Richard Stevens, Member
HOUSING AUTHORITY OF GRANT
COUN'T'Y — SUB RTsCIPIENT
f
Carol Anderson
Executive Director
Consolidated Homeless Grant Sub Recipient Agreement - 10
Civil b\nepamnenU Commissioneri 2019'Cmsalidzmd M.—Im G-mAget—m
State of Washington
County of Grant
I hereby certify that I know or have satisfactory evidence that Carol Anderson signed this
instrument, on oath stated that she was authorized to execute the instrument and acknowledged it
as the Executive Director of Housing Authority of Grant County and acknowledged it to be the
free and voluntary act of such party for the uses and purposes mentioned in this instru hent.
DATED: (0 11 t ` (0l
NOTARY PUBLIC
STATE OF WASHINGTON
YESENIA MARTINEZ
MY COMMISSION EXPIRES
MARCH 10, 2022
My Commission expires:
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EXHIBIT A
Guidelines for the Consolidated
Homeless Grant
(July 1, 2019 —lune 30, 2021)
NTE 0
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G�°
Department of Commerce
Guidelines
FOR THE
Consolidated Homeless Grant
January 2019
Contents
1 Grant Basics.......................................................................................................................................... 6
1.1
Overview...............................................................................................................................................
6
1.2
Authorizing Statute and Fund Sources.................................................................................................
6
2 Administrative
Requirements of Lead Grantees....................................................................................
7
2.1
Homeless System Responsibilities........................................................................................................
7
2.1.1
Prioritize Unsheltered Homeless Households..................................................................................
7
2.1.2
System Wide Performance Requirements........................................................................................
7
2.1.3
Low Barrier Housing Project.............................................................................................................
7
2.1.4
Coordinated Entry System................................................................................................................8
2.1.5
Reporting Requirements...................................................................................................................
8
2.1.6
Training.............................................................................................................................................9
2.1.7
Benefit Verification System Requirements.......................................................................................9
2.2
Interested Landlord List......................................................................................................................
10
2.3
Outreach to Landlords........................................................................................................................
10
2.4
Grant Management............................................................................................................................10
2.4.1
Changes to Guidelines....................................................................................................................10
2.4.2
Commerce Monitoring....................................................................................................................
10
2.4.3
Subgrantee Requirements..............................................................................................................10
2.5
Fiscal Administration..........................................................................................................................11
2.5.1
Budget Caps....................................................................................................................................11
2.5.2
Reimbursements.............................................................................................................................11
2.5.3
Budget Revisions.............................................................................................................................12
3 Allowable Interventions......................................................................................................................
13
3.1
Temporary Housing Interventions......................................................................................................
13
3.1.1
Emergency Shelter..........................................................................................................................
13
3.1.2
Transitional Housing.......................................................................................................................
13
3.2
Permanent Housing Interventions.....................................................................................................
13
3.2.1
Targeted Prevention.......................................................................................................................13
3.2.2
Rapid Re-Housing............................................................................................................................
13
3.2.3
Permanent Supportive Housing......................................................................................................
13
3.3
Services Only Interventions................................................................................................................
14
3.3.1
Outreach.........................................................................................................................................14
Page 12
4 Household Eligibility ........................................................................................................................... 35
4.1
Housing Status Eligibility.....................................................................................................................15
4.1.1
Homeless.........................................................................................................................................15
4.1.2
At Imminent Risk of Homelessness.................................................................................................16
4.2
Documentation of Housing Status.....................................................................................................
16
4.3
Income Eligibility.................................................................................................................................16
4.3.1
Income Eligibility Exemptions.........................................................................................................16
4.4
Documentation of Income Eligibility..................................................................................................
17
4.4.1
Annualizing Wages and Periodic Payments....................................................................................18
4.4.2
Documentation of HEN Referral, General Assistance Enrollment (ABD Recipient) orTANF
Enrollment.....................................................................................................................................................
18
4.5
Eligibility Recertification.....................................................................................................................
18
4.5.1
Income Ineligible at Recertification................................................................................................18
4.6
Additional Eligibility Requirements for Permanent Supportive Housing...........................................19
4.6.1
Documentation of a Disability........................................................................................................
19
4.6.2
Maintaining Homeless Status for Permanent Housing...................................................................19
5 Allowable Expenses............................................................................................................................20
5.1
Rent.....................................................................................................................................................20
5.1.1
Rent Payments................................................................................................................................20
5.1.2
Other Housing Costs.......................................................................................................................
20
5.1.3
Special Circumstances.....................................................................................................................
20
5.1.4
Ineligible Expenses..........................................................................................................................
21
5.2
Facility Support (not an allowable expense for TANF).......................................................................
21
5.2.1
Lease Payments..............................................................................................................................
21
5.2.2
Other Facility Costs.........................................................................................................................
21
5.2.3
Special Circumstances.....................................................................................................................
21
5.2.4
Ineligible Expenses..........................................................................................................................
22
5.2.5
HEN Facility Support .......................................................................................................................22
5.2.6
Maintenance Activities vs. Building Rehabilitation........................................................................
22
5.3
Operations..........................................................................................................................................22
5.3.1
Homeless Crisis Response System Expenses..................................................................................
22
5.3.2
Program Expenses...........................................................................................................................
23
5.3.3
Flexible Funding..............................................................................................................................23
5.4
Administration....................................................................................................................................24
6 Requirements
of all Lead Grantees and Subgrantees Providing Direct Service ......................................
25
6.1
Service Delivery ..................................................................................................................................
25
Page 13
6.1.1
Access to Homeless Housing Assistance......................................................................................... 25
6.1.2
Voluntary Services.......................................................................................................................... 25
6.1.3
Progressive Engagement................................................................................................................. 25
6.1.4
Assessment and Housing Stability Planning................................................................................... 25
6.2
HMIS...................................................................................................................................................26
6.2.1
Data Timeliness............................................................................................................................... 26
6.2.2
Data Quality....................................................................................................................................26
6.2.3
Consent for Entry of Personally Identifying Information............................................................... 26
6.3
Habitability..........................................................................................................................................27
6.3.1
For Rent Assistance......................................................................................................................... 27
6.3.2
For Facilities....................................................................................................................................28
6.4
Lead Based Paint Assessment............................................................................................................. 28
6.4.1
For Rent Assistance......................................................................................................................... 28
6.4.2
For Facilities....................................................................................................................................28
6.4.3
Exceptions to the Lead -Based Paint Visual Assessment Requirement ........................................... 28
6.5
Additional Requirements.................................................................................................................... 29
6.5.1
Ineligible Use of Funds.................................................................................................................... 29
6.5.2
Personal Identifying Information.................................................................................................... 29
6.5.3
Grievance Procedure...................................................................................................................... 29
6.5.4
Termination and Denial of Service Policy....................................................................................... 29
6.5.5
Records Maintenance and Destruction.......................................................................................... 29
6.5,6
Client File Check List........................................................................................................................29
6.5.7
Consent to Review Information in the Benefits Verification System ............................................. 29
6.5.8
Prohibitions.....................................................................................................................................30
6.5.9
Nondiscrimination...........................................................................................................................30
7 Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance ...................... 31
7.1
Washington Residential Landlord -Tenant Act.................................................................................... 31
7.2
Rental Agreements............................................................................................................................. 31
7.2.1
Intent to Rent.................................................................................................................................. 31
7.2.2
Lease............................................................................................................................................... 31
7.2.3
Certification of Payment Obligation............................................................................................... 31
7.3
Targeted Prevention........................................................................................................................... 32
7.4
Rent Limit............................................................................................................................................ 32
7.5
Determining Rent Subsidy.................................................................................................................. 32
8 Appendices.........................................................................................................................................33
8.1
Appendix A: Required and Recommended Forms.............................................................................33
Page 14
8.2
Appendix B: Required Policies and Procedures.................................................................................. 34
8.3
Appendix C: Client File Documentation.............................................................................................. 35
8.4
Appendix D: Performance Requirements........................................................................................... 36
8.4.1
Overview......................................................................................................................................... 36
8.4.2
Unsheltered Prioritization............................................................................................................... 36
8.4.3
Functional Zero...............................................................................................................................36
8.4.4
Increase Percent of Unsheltered Homeless Households................................................................ 38
8.4.5
Measurement..................................................................................................................................38
8.4.6
Housing Outcome Performance Measures..................................................................................... 39
8.4.7
Measurement..................................................................................................................................39
8.4.8
Subgrantee Requirements.............................................................................................................. 40
8.4.9
Required Housing Outcome Performance Measures..................................................................... 40
Table
1: Required Housing Outcome Performance Measures...................................................................... 41
8.5
Appendix E: Documentation of Housing Status................................................................................. 43
8.6
Appendix F: Examples of Maintenance Activities.............................................................................. 44
8.7
Appendix G: Agency Partner HMIS Agreement.................................................................................. 45
8.8
Appendix H: Lead -Based Paint Visual Assessment Requirements..................................................... 51
8.9
Appendix I: Access to the DSHS Benefits Verification System Data Security Requirements ............. 53
8.10
Appendix J: Access to the DSHS HEN Referral List Data Security Requirements ............................... 57
Page 15
1 Grant Basics
1.1 Overview
The Consolidated Homeless Grant (CHG) provides resources to fund homeless crisis response
systems to support communities in ending homelessness. Homeless crisis response systems
respond to the immediacy and urgency of homelessness and make sure that everyone has a safe
and appropriate place to live. The vision, principles and goals set forth in the State Homeless
Strategic Plan guide the management and implementation of CHG.
The State Homeless Housing Strategic Plan and Annual Report of the Homeless Grant Programs are
located on the Department of Commerce website.
1.2 Authorizing Statute and Fund Sources
Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds.
Page 16
All homeless housing projects adhere to state and federal anti -discrimination laws:
✓ All projects ensure equal access for people experiencing homelessness regardless of race,
national origin, gender identity, sexual orientation, marital status, age, veteran or military
status, disability, or the use of an assistance animal.
✓ Projects designed to serve families with children experiencing homelessness ensure equal
access regardless of family composition and regardless of the age of a minor child.
✓ Projects that operate gender segregated facilities allow the use of facilities consistent with the
person's gender expression or identity.
2.13.1 Intake & Project Eligibility
Low barrier projects have flexible intake schedules and require minimal documentation. At the
minimum, homeless households are not screened out based on the following criteria:
✓ Having too little or no income
✓ Having poor credit or financial history
✓ Having poor or lack of rental history
✓ Having involvement with the criminal justice system
✓ Having active or a history of alcohol and/or substance use
✓ Having a history of victimization
✓ The type or extent of disability -related services or supports that are needed
✓ Lacking ID or proof of U.S. Residency Status
✓ Other behaviors that are perceived as indicating a lack of "housing readiness," including
resistance to receiving services
1 Project types that can meet this requirement: Emergency Shelter, Transitional Housing, PH: Rapid Re -Housing, PH: Housing with
Services (no disability requirement), and PH: Housing Only. Projects that operate seasonally do not meet this requirement.
Page 17
2.1.3.2 Project Participation
Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on
maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have
work or volunteer requirements. Projects that require households to pay a share of rent allow
reasonable flexibility in payment.
Households are not terminated from the project for the following reasons:
✓ Failure to participate in supportive services or treatment programs
✓ Failure to make progress on a housing stability plan
✓ Alcohol and/or substance use in and of itself is not considered a reason for termination
2.1.4 Coordinated Entry System
Each county must maintain a coordinated entry system (CES). Refer to the Washington State
Coordinated Entry Guidelines for requirements.
2.1.5 Reporting Requirements
Lead grantees are responsible for submitting the following:
2.1.5.1 Local Homeless Housing Plan
Lead grantees must submit an updated county Local Homeless Housing Plan to Commerce at least
every five years. Local plans must include performance goals and strategies. Performance in meeting
the goals of the local plan should be assessed annually. Information from the Annual Homeless Housing
County Inventory and Expenditure Report and the Annual Point in Time Count should help inform the
local plan.
At a minimum, local plans should:
✓ Connect the needs of people experiencing homelessness, the current and future housing
inventory, available resources, and community goals and priorities.
✓ Describe system and/or program inventory (both housing and services only) changes and its
quantitative impact on reducing homelessness. Describe the costs of the associated with these
changes.
✓ Describe implementation dates and names of responsible parties.
Participants involved in development of local plans should include representation of a person who has
experienced homelessness, and all homeless housing providers including emergency shelters, outreach
teams, transitional and permanent supportive housing agencies. Behavioral health and chemical
dependency service providers, school liaisons and local jail administrators should also be included.
Counties are encouraged to engage local DSHS community service offices, community colleges, public
health, and local employment partners.
2.1.5.2 Annual County Expenditure Report
Lead grantees must submit an Annual County Expenditure Report to Commerce.
Commerce will annually score Annual County Expenditure Report data quality. This score will be
reported on the Homeless System Performance County Report Card.
Grantees should work to increase their Annual County Expenditure Report data quality. Beginning July
2019, grantees must increase their data quality from their 2018 Report Card baseline.
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2.1.5.3 Point -in -Time Count
Lead grantees must ensure the collection and reporting oft he annual Point -in -Time Count of sheltered
and unsheltered homeless persons for their county is in accordance with the Commerce Count
Guidelines, which are posted at http://www.commerce.wa.izov/serving-
communities/homelessness/annual-point-time-count/.
2.1.5.4 Essential Needs Report
Lead grantees must submit an HEN Essential Needs Report at the end of each state fiscal year, which is
a count of the total instances of Essential Needs services.
2.1.6 Training
Beginning July 2019, lead/subgrantees must identify staff for training. These staff should include staff
that provide direct services, supervisors of direct service staff, and staff that manage homeless grants.
The following trainings are required at least every three years and attendance must be documented:
✓ Trauma Informed Services
✓ Mental Health First Aid
✓ Supporting survivors of domestic violence
✓ Local coordinated entry policies and procedures as required by lead CE entity
✓ Fair Housing
✓ Housing first, rapid re -housing, progressive engagement, and diversion.
In addition, Lead/subgrantee staff are highly encouraged to attend the annual Washington State
Conference on Ending Homelessness. Other recommended trainings include but are not limited to
crisis intervention, professional boundaries, case management, working with minoritized populations
by race, ethnicity, sexual orientation, and/or gender identity, etc.
Costs to attend trainings are an eligible program expense (see Section 5.3 Operations).
2.1.7 Benefit Verification System Requirements
Commerce maintains a data share agreement with the Department of Social and Health Services
(DSHS) so homeless housing grantees can access the Benefits Verification System (BVS) to confirm
Housing and Essential Needs and Temporary Assistance to Needy Families program eligibility. The BVS
can also be used to confirm benefits and financial eligibility for homeless housing programs.
Lead grantees manage BVS User access for their staff and sub grantees. Upon approval by Commerce,
lead grantees may also appoint another agency as the BVS lead for their county.
BVS leads are responsible for the following:
✓ Review User requests to confirm requesting agency is a sub grantee and staff have a business
need to access the BVS system.
✓ Confirm that each User request includes a signed DSHS Non -Disclosure form.
✓ Retain all signed DSHS Non -Disclosure forms.
✓ Maintain an Excel spreadsheet identifying current and past BVS Users. Spreadsheet must be in
format designated by Commerce.
✓ Report to Commerce within one business day when User no longer require access to BVS.
✓ Provide access to DSHS Non -Disclosure forms and User spreadsheet for inspection within one
Page 19
business day of request by Commerce or DSHS.
BVS Leads are also responsible for the following, annually:
✓ Require Users to re-sign DSHS Non -Disclosure form.
✓ Review BVS User spreadsheet for accuracy and notify Commerce of any changes.
✓ Notify Commerce via email upon completion of annual requirements.
2.2 Interested Landlord List
Lead grantees are responsible for ensuring that an interested landlord list is created and maintained.
The interested landlord list must include information on rental properties (including buildings with
fewer than 50 units). The list must be updated at least once per quarter, and distributed to households
seeking assistance and homeless housing providers within the county. See RCW 43.185c.240. Creation
and maintenance of the list may be delegated to another entity.
2.3 Outreach to Landlords
Lead grantees are responsible for ensuring that outreach to private rental housing landlords is
conducted and documented at least quarterly. Outreach to private landlords includes information
about opportunities to provide rental housing to people experiencing homelessness. See RCW
43.185c.240. Outreach and documentation may be delegated to another entity.
2.4 Grant Management
2.4.1 Changes to Guidelines
Commerce may revise the guidelines at any time. All lead grantees will be sent revised copies. Lead
grantees are responsible for sending revisions to subgrantees in a timely manner.
2.4.2 Commerce Monitoring
Commerce will monitor lead grantees' CHG grant activities, including coordinated entry. Lead grantees
will be given a minimum of 30 days' notice unless there are special circumstances that require
immediate attention. The notice will specify the monitoring components.
2.4.3 Subgrantee Requirements
The CHG Grant General Terms & Conditions Section 32 identifies subgrantee requirements. In addition,
all subgrantee agreements must be time-limited and have defined roles and responsibilities for each
party, detailed budgets and performance terms. Commerce reserves the right to directly contact
subgrantees at any time for data quality, monitoring, fiscal and other issues.
Lead grantees may enter into an agreement with any other local government, Council of Governments,
Housing Authority, Community Action Agency, nonprofit community or neighborhood -based
organization, federally recognized Indian tribe in the state of Washington, or regional or statewide
nonprofit housing assistance organizations who operate programs to end homelessness within a
defined service area.
Lead grantees must provide Commerce with copies of subgrant agreements (upon request) and notify
Commerce if subgrants are terminated during the grant period.
Lead grantees must notify Commerce of any changes in selection of subgrantees funded with CHG, or
changes in the interventions of those subgrantees.
Page 1 10
2.4.3.1 Subgrantee Risk Assessment and Monitoring
Lead grantees are responsible for ensuring subgrantee compliance with all requirements identified in
the CHG guidelines. The lead grantee must conduct a risk assessment and develop a monitoring plan
for each subgrantee within six months of contracting CHG 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.
2.4.3.2 Subgrantee Performance Requirements
Locally developed performance measures and benchmarks specific to intervention type (HMIS project
type), as outlined in the Scope of Work, must be included in subgrantee agreements. However,
benchmarks may be customized for each subgrantee or funded project, based on facility type, past
performance or other variables. Subgrantee agreements should include how frequently progress will
be measured and the consequences for not meeting performance benchmarks.
2.5 Fiscal Administration
2.5.1 Budget Caps
✓ For -Profit Set Aside - At least 36 percent of the non -HEN CHG funds must be budgeted and
spent on rent/lease payments to for-profit and non-profit entities, including housing
authorities.
✓ Administration - up to 15 percent of total non -HEN reimbursed costs may be used for
administration.
✓ HEN Administration - up to 7 percent of total HEN reimbursed costs may be used for HEN
administration.
✓ Temporary Assistance for Needy Families (TANF) households - the sum of TANF household
budget categories must always be equal to the original TANF household allocation.
✓ HEN Households - the sum of HEN household budget categories must always be equal to the
original HEN household allocation.
2.5.2 Reimbursements
Lead grantees must bill Commerce monthly for reimbursement of allowable costs. Invoices are due on
the 201h 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 CHG grant
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).
2.5.2.1 Back-up Documentation
All submitted invoices must include the CHG Voucher Detail Worksheet (if grantee has subgrantees)
Page 1 11
and the required HMIS reports. Invoices may not be paid until the report(s) are received and verified.
Commerce may require a lead grantee to submit additional documentation. Lead grantees must retain
original invoices submitted by their subgrantees.
2,5.3 Budget Revisions
Revisions must be submitted using the Budget Revision Tool and approved by Commerce. Budget Caps
must be maintained with each revision.
A contract amendment is required when revisions (in one or cumulative transfers) reach more than 10
percent of the grant total.
Page 1 12
Allowable Interventions
3.1 Temporary Housing Interventions
Temporary housing interventions are those in which the household must leave the shelter or unit at
the end of their program participation. Households are considered homeless while enrolled in
temporary housing interventions.
3.1.1 Emergency Shelter
Emergency shelter provides short-term2 temporary shelter (lodging) for those experiencing
homelessness. Emergency Shelters can be facility -based, or hotel/motel voucher.
3.1.1.1 Drop-in Shelter
Drop-in Shelters offer night -by -night living arrangements that allow households to enter and exit on an
irregular or daily basis.
3.1.1.2 Continuous -stay Shelter
Continuous -stay Shelters offer living arrangements where households have a room or bed assigned to
them throughout the duration of their stay.
3.1.2 Transitional Housing
Transitional housing is subsidized, facility -based housing that is designed to provide long-term'
temporary housing and to move households experiencing homelessness into permanent housing.
Lease or rental agreements are required between the transitional housing project and the household.
3.2 Permanent Housing Interventions
Permanent housing is housing in which the household may stay as long as they meet the basic
obligations of tenancy.
3.2.1 Targeted Prevention
Targeted Prevention resolves imminent homelessness with housing -focused case management and
temporary rent subsidies.
3.2.2 Rapid Re -Housing
Rapid Re -Housing (RRH) quickly moves households from homelessness into permanent housing by
providing move in assistance, temporary rent subsidies, and housing -focused case management.
3.2.3 Permanent Supportive Housing
Permanent Supportive Housing (PSH) is subsidized, non -time-limited housing with support services for
homeless households that include a household member with a permanent disability. Support services
must be made available but participation is voluntary. PSH may be provided as a rent assistance
(scattered site) or facility -based model. For facility -based model's a lease or rental agreement is
required between the PSH project and the household. The services and the housing are available
permanently.
Z Emergency Shelter programs are typically designed and intended to provide temporary shelter for short- term stays: up to three
months. Clients are not required to exit after 90 days.
3 Transitional Housing programs are typically designed and intended to provide temporary housing for long-term stays: up to two
years.
Page 1 13
3.3 Services Only Interventions
3.3.1 Outreach
Street outreach is a strategy for engaging people experiencing homelessness who are otherwise not
accessing services for the purpose of connecting them with emergency shelter, housing, or other
critical services.
57
4 Household Eligibility
A household is one or more individuals seeking to obtain or maintain housing together. The entire
household must be considered for eligibility determination and services. A household does not
include friends or family that are providing temporary housing.
Eligible households must meet both housing status and income requirements as detailed in the
following sections.
Housing Status
Homeless
OR
At imminent risk of
homelessness
4.1 Housing Status Eligibility
4.1.1 Homeless
AND
Income
At or below 30%
area median income
OR
HEN Referral or General
Assistance enrolled (ABD
recipient)
TANF enrolled
Households are homeless if they are unsheltered or residing in a temporary housing program, as
defined below.
4.1.1.1 Unsheltered Homeless:
✓ Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping
accommodation for human beings, including a vehicle, park, abandoned building, bus or train
station, airport, or campground.
✓ Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human
trafficking, or other dangerous or life-threatening conditions that relate to violence against the
household member(s), including children, that have either taken place within the household's
primary nighttime residence or has made the household member(s) afraid to return to their
primary nighttime residence.
4.1.1.2 Sheltered Homeless:
✓ Residing in a temporary housing program including shelters, transitional or interim housing, and
hotels and motels paid for by charitable organizations or government programs.
✓ Exiting a system of care or institution where they resided for 90 days or less AND who resided in
an emergency shelter or place not meant for human habitation immediately before entering
that system of care or institution.
57
✓ Residing in a trailer or recreational vehicle that is parked illegally or in a location that is not
intended for long-term stays (i.e. parking lots).
4.1.2 At Imminent Risk of Homelessness
Households are at imminent risk of homelessness if they will lose their primary nighttime residence
(including systems of care or institutions) within 14 days of the date of application for assistance, AND
no subsequent residence has been identified, AND the household lacks the resources or support
networks needed to obtain other permanent housing.
4.2 Documentation of Housing Status
Lead/subgrantees must verify, describe and document eligible housing status prior to program entry.
Households entering emergency shelter are exempt from housing status requirements.
The CHG Verification of Household Eligibility and Income Recertification Form and housing status
documentation must be kept in the client file. Documentation must be dated within 30 days of
program entry.
4.3 Income Eligibility
The combined household income must not exceed 30 percent of area median gross income as defined
by HUD. Income limits are based on Area Median Income (AMI) which can be located for each county
at: www.huduser.eov (Data Sets, Income Limits).
Income is money that is paid to, or on behalf of, any household member. Income includes the current
gross income (annualized) of all adult (18 years and older) household members and unearned income
attributable to a minor. Income eligibility determinations are based on the household's income at
program entry. Income inclusions and exclusions are listed in the Electronic Code of Federal
Regulations, www.ecfr.gov, Title 24— Housing and Urban Development: Subtitle A 0-99: Part 5: Subpart
F: Section 5.609 Annual Income.
Gross Income is the amount of income earned before any deductions (such as taxes and health
insurance premiums) are made.
Current Income is the income that the household is currently receiving. Income recently terminated
should not be included.
4.3.1 Income Eligibility Exemptions
Income eligibility verification is never required for Drop-in Shelter or for households receiving only Flex
Funding.
The following are exempt from income eligibility requirements for the first 90 days of program
participation:
✓ Households entering Transitional Housing
✓ Households entering a Rapid Re -Housing program
✓ Households entering a Continuous -stay Shelter
57
For HEN and TANF household income eligibility, see the following:
Assistance for HEN households: In place of income verification, the HEN Referral or General Assistance
enrollment (ABD recipient) from the Washington State Department of Social and Health Services
(DSHS) as documented in the Benefits Verification System (BVS) is required.
Assistance for TANF households: In place of income verification, proof of TANF enrollment from DSHS
is required.
INCOME ELIGIBILITY REQUIREMENTS
Temporary Housing Interventions
Enrollment
Recertification
Drop-in Shelter
None
None
Continuous -stay Shelter
None
At or below 30% AMI
Transitional Housing
None
At or below 30% AMI
Permanent Housing Interventions
CHG Rapid Re -Housing
None
At or below 30% AMI
CHG Targeted Prevention
At or below 30% AMI
At or below 30% AMI
TANF Rapid Re -Housing and Targeted
TANF Enrollment
TANF Enrollment
Prevention
DSHS HEN Referral or
DSHS HEN Referral or
HEN Rapid Re -Housing and Targeted
General Assistance
General Assistance
Prevention
enrolled (ABD
enrolled (ABD
recipient)
recipient)
At or below 30% AMI
and a household
Permanent Supportive Housing
None
member with a
permanent disability
4.4 Documentation of Income Eligibility
Lead/subgrantees must verify and document income eligibility prior to program entry.
CHG Verification of Household Eligibility and Income Recertification Form, all allowable income
documentation, and the CHG Income Eligibility Worksheet (or equivalent) must be kept in the client
file. Documentation must be dated within 30 days.
Adult household members that have no income are required to complete a CHGSelf-Declaration Form.
57
4.4.1 'Annualizing Wages and Periodic Payments
Use the CHG Income Eligibility Worksheet (or equivalent) to calculate income based on hourly, weekly,
or monthly payment information. Add the gross amount earned in each payment period that is
documented and divide by the number of payment periods. This provides an average wage per
payment period. Depending the schedule of payments, use the following calculations convert the
average wage into annual income:
✓ Hourly wage multiplied by hours worked per week multiplied by 52 weeks.
✓ Weekly wage multiplied by 52 weeks.
✓ Bi -weekly (every other week) wage multiplied by 26 bi-weekly periods.
✓ Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods.
✓ Monthly wage multiplied by 12 months.
The CHG Income Eligibility Worksheet is not required for households that have no income.
4.4.2 Documentation of HEN Referral, General Assistance Enrollment (ABD Recipient) or TANF Enrollment`
Lead/subgrantees must verify and document HEN Referral, General Assistance enrollment (ABD
recipient) or TANF enrollment prior to program entry.
Assistance for HEN households: The HEN Referral or General Assistance enrollment (ABD recipient)
from the Washington State Department of Social and Health Services (DSHS) is required and must be
kept in the client file.
Assistance for TANF households: Proof of TANF enrollment from DSHS is required and must be kept in
the client file.
4.5 Eligibility Recertification
Lead/subgrantees must document recertification of household income eligibility at least every three
months using the Consolidated Homeless Grant Verification of Household Eligibility and Income
Recertification Form. For HEN and TANF household recertification, see the following:
Assistance for HEN households: In place of income, recertification of the HEN Referral or General
Assistance enrollment (ABD recipient) from DSHS as documented in the Benefits Verification System
(BVS) is required at least every three months and must be kept in the client file.
Assistance for TANF households: In place of income, recertification of TANF enrollment from DSHS is
required at least every three months and must be kept in the client file.
4.5.1 Income Ineligible at Recertification
If households are determined income ineligible, they may remain in the program for an additional
three months. Case management may continue for an additional six months after the determination of
income ineligibility to support the household transition to self-sufficiency.
If the household is no longer eligible for the HEN program, the three additional months of rent
assistance cannot be charged to HEN but may be charged to the CHG base funding.
If the household is no longer enrolled in TANF, the three additional months of rent assistance can be
charged to the TANF budget or the CHG base funding.
57
4.6 Additional Eligibility Requirements for Permanent Supportive Housing
To be eligible for permanent supportive housing, a household must be homeless AND include at least
one household member who has a disability that is expected to be long -continuing or of indefinite
duration and substantially impedes the household member's ability to live independently.
Disability includes: a physical, developmental, mental, or emotional impairment, including impairment
caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury. A person will also be
considered to have a disability if he or she has Acquired Immune Deficiency Syndrome (AIDS) or any
conditions arising from the etiologic agent for 86 Acquired Immune Deficiency Syndrome, including
infection with the Human Immunodeficiency Virus (HIV).
4.6.1 Documentation of a Disability
Lead/subgrantees must verify and document the disability prior to program entry. Acceptable
documentation of the disability must include one the following:
✓ Written verification of the disability from a professional licensed by the state to diagnose and
treat the disability and his or her certification that the disability is expected to be long
continuing or of indefinite duration and substantially impedes the individual's ability to live
independently.
✓ Written verification from the Social Security Administration.
✓ Disability check receipt (Social Security Disability Insurance check or Veteran Disability
Compensation).
✓ Other documentation approved by Commerce.
If unable to document disability at program entry with the above methods, program staff must record
observation of disability. Required documentation (above) must be obtained within 45 days of program
enrollment.
4.6.2 Maintaining Homeless Status for Permanent Housing
While receiving Rapid Re -Housing assistance, households maintain their homeless status for purposes
of eligibility for other permanent housing placements.
WA
5Allowable Expenses
5.1 Rent
Rent Payments and Other Housing Costs must be paid directly to a third party on behalf of the
household.
5.1.1 Rent Payments
✓ Monthly rent and any combination of first and last months' rent. Rent may only be paid one
month at a time, although rental arrears, pro -rated rent, and last month's rent may be included
with the first month's payment. Monthly rent is not time-limited.
✓ Rental arrears and associated late fees for up to three months. Rental arrears may be paid if
the payment enables the household to obtain or maintain permanent housing. If funds are used
to pay rental arrears, arrears must be included in determining the total period of the
household's rental assistance.
• Rental arrears for HEN or TANF enrolled clients can be paid for a time period when the
client was not HEN or TANF enrolled.
✓ Lot rent for RV or manufactured home.
✓ Costs of parking spaces when connected to a unit.
✓ Incentives paid to landlords, including reimbursement for damages.
✓ Security deposits for households moving into new units.
✓ Hotel/Motel expenses for households if no suitable shelter bed is available, or when a
hotel/motel unit is used as permanent housing.
✓ Utilities which are included in rent.
5.1.2 Other Housing Costs
✓ Utility payments for households also receiving rental assistance.
✓ Utility arrears (see utility -only assistance below) for up to three months. Utility arrears may be
paid if the payment enables the household to obtain or maintain permanent housing. If funds
are used to pay utility arrears, arrears must be included in determining the total period of the
household's financial assistance.
✓ Utility -only assistance (including arrears) can be provided when no other utility assistance, such
as LIHEAP, is available to prevent a shut-off, and documented using the Utility -Only Assistance
Form.
✓ Utility deposits for a household moving into a new unit.
✓ Application fees, background, credit check fees, and costs of urinalyses for drug testing of
household members if necessary/required for rental housing.
✓ Other costs as approved by Commerce.
5.1.3 Special Circumstances
✓ Master -lease: Security deposit and monthly rent is allowable when an organization master -
leases a unit, and then sub -leases the property to CHG eligible households in the context of a
Rapid Re -Housing or Permanent Supportive Housing program.
✓ Temporary absence: If a household must be temporarily away from the unit, but is expected to
return (such as temporary incarceration, hospitalization, or residential treatment),
57
lead/subgrantees may pay for the household's rent for up to 60 days and charge the grant for
eligible costs. While a household is temporarily absent, he or she may continue to receive case
management. Any temporary absence must be documented in the client file.
✓ Subsidized housing: CHG rent/utility assistance may be used for move -in costs (security
deposits, first and last month's rent)for subsidized housing (where household's rent is adjusted
based on income), including project- or tenant -based housing.4 CHG may also be used for rental
arrears or utility arrears for subsidized housing.
5.1.4 Ineligible Expenses
0 Ongoing rent/utilities for subsidized housing
• CHG rent and rent/utility assistance in combination with CHG-funded facility support
9 Cable deposits or services
0 Mortgage assistance and utility assistance for homeowners
5.2 Facility Support (not an allowable expense for'TANF)
5.2.1 Lease Payments
✓ Lease or rent payment on a building used to provide temporary housing or permanent
supportive housing
✓ Hotel/Motel expenses for less than 90 days when no suitable shelter bed is available
✓ Move -in costs (security deposits, first and last month's rent) for permanent housing
5.2.2 Other Facility Costs
✓ Utilities (gas /propane, phone, electric, internet, water and sewer, garbage removal)
✓ Maintenance (janitorial/cleaning supplies, pest control, fire safety, materials and contract or
staff maintenance salaries and benefits associated with providing the maintenance, mileage for
maintenance staff)
✓ Security and janitorial (salaries and benefits associated with providing security, janitorial
services)
✓ Essential facility equipment and supplies (e.g. common -use toiletries, food served in shelters,
bedding, mats, cots, towels, microwave, etc.)
✓ Expendable transportation costs directly related to the transportation of eligible households
(bus tokens and fuel for a shelter van)
✓ On-site and off-site management costs related to the building
✓ Facility specific insurance (mortgage insurance is not allowable) and accounting
✓ Costs for securing permanent housing including: application fees, background check fees, credit
check fees, utility deposits, and costs of urinalyses for drug testing of household members if
necessary/required for housing
✓ Other expenses as approved by Commerce
5.23 Special Circumstances
✓ Master -lease: Facility costs are allowable when an organization master -leases a building and
then sub -leases the property to CHG eligible households in the context of a Transitional
Housing or Permanent Housing program.
° In this context tax credit units are not considered subsidized housing.
57
5.2.4 Ineligible Expenses
❑x Replacement or operating reserves
❑x Debt service
❑x Construction or rehabilitation of shelter facilities
❑x CHG facility support in combination with CHG funded rent and rent/utility assistance
❑x Mortgage payment for the facility
5.2.5 HEN Facility Support
Lease payments and other facility costs are allowable with HEN funding for transitional housing
(section 3.1.2) and permanent housing (section 3.2). Emergency shelter is not allowable.
HEN facility support must be proportionally billed according to an estimate of the number of HEN
households expected to occupy the facility.
5.2.6 Maintenance Activities vs. Building Rehabilitation
Building maintenance is an allowable facility support expenses.
Maintenance activities include cleaning activities; protective or preventative measures to keep a
building, its systems, and its grounds in working order; and replacement of existing appliances or
objects that are not fixtures or part of the building. Maintenance activities should fix, but not make
improvements that would add value to the building.
Maintenance activities do not include the repair or replacement of fixtures or parts of the building. A
fixture is an object that is physically attached to the building and cannot be removed without damage
to the building. Fixtures also include, but are not limited to, kitchen cabinets, built in shelves, toilets,
light fixtures, staircases, crown molding, sinks and bathtubs. Maintenance activities do not include the
installment or replacement of systems designed for occupant comfort and safety such as HVAC, electrical
or mechanical systems, sanitation, fire suppression, and plumbing.
Building rehabilitation and capital improvements are not allowable facility support expenses.
These typically include those items that are done building -wide or affect a large portion of the property
such as roof replacement, exterior/interior common area painting, major repairs of building
components, etc. See Appendix F: Examples of Maintenance Activities.
5.3 Operations
Operations expenses are directly attributable to a particular program or to the homeless crisis
response system.
✓ Salaries and benefits for staff costs directly attributable to the program or to the homeless
system, including but not limited to program staff, information technology (IT) staff, human
resources (HR) staff, bookkeeping staff, and accounting staff
✓ Office space, utilities, supplies, phone, internet, and training related to grant management
and/or service delivery/conferences/travel and per diem
✓ Equipment up to $1,500 per grant period unless approved in advance by Commerce
5.3.1 Homeless Crisis Response System Expenses
✓ Point -in -Time counts
57
✓ Annual report/housing inventory
✓ Local homeless plans
✓ Coordinated entry planning, implementation and operations
✓ State data warehouse and Homeless Management Information System
✓ Interested landlord list and landlord outreach activities
✓ Participation in local Continuum of Care
5.3.2 Program Expenses
✓ Intake and assessment, including time spent assessing a household, whether or not the
household is determined eligible
✓ Housing Stability Services. This includes developing an individualized housing and service plan,
monitoring and evaluating household progress, identifying creative and immediate housing
solutions outside of the traditional homeless service system (diversion), SSI/SSDI Outreach,
Access, and Recovery (SOAR), and assuring that households' rights are protected.
✓ Housing Search and Placement Services. This includes services or activities designed to assist
households in locating, obtaining, and retaining suitable housing, tenant counseling, assisting
households to understand leases, inspections, securing utilities, making moving arrangements,
and representative payee services concerning rent and utilities.
✓ Mediation and outreach to property owners/landlords related to locating or retaining housing
(landlord incentives)
✓ Outreach services
✓ Optional support services for individuals in permanent supportive housing, including case
management and connections to resources
✓ Data collection and entry
✓ General liability insurance and automobile insurance
✓ Other costs as approved in advance by Commerce
5.3.3 Flexible Funding
Flexible Funding is the provision of goods or payments of expenses not included in other allowable
expense categories, which directly help a household to obtain or maintain permanent housing or meet
essential household needs.
Essential household needs means personal health and hygiene items, cleaning supplies, transportation
passes and other personal need items.
Households are eligible for Flexible Funding up to $1,500 per household.
Households eligible for CHG Standard, CHG TANF, and HEN are eligible for Flexible Funding.
Households receiving only Flexible Funding and not ongoing assistance are exempt from income
eligibility requirements. Verification of housing status is required. Flexible Funding payments must be
paid directly to a third party on behalf of the household and noted in a household's housing stability
plan.
Essential household need items are exempt from the $1,500 cap and are available to households with a
HEN Referral, or who are otherwise eligible for CHG. Verification of housing status is not required for
households with a HEN referral. Essential needs distribution does not need to be documented in
57
housing stability plans.
5.3.3.11neligible Expenses
❑x 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.
54 Administration
Up to 15 percent of total non -HEN reimbursed costs and up to 7 percent of total HEN reimbursed costs
over the course of the grant period may be used for administration. This limit must be reconciled
before the end of the grant period.
Allowable administrative costs benefit the organization as a whole and cannot be attributed specifically
to a particular program or to the homeless crisis response system. Administrative costs may include
the same types of expenses that are listed in program operations (such as IT staff and office supplies),
in the case that these costs are benefiting the agency as a whole and are not attributed to a particular
program or the homeless system. Administrative costs may include, but are not limited to, the
following:
✓ Executive director salary and benefits
✓ General organization insurance
✓ Organization wide audits
✓ Board expenses
✓ Organization -wide membership fees and dues
✓ Washington State Quality Award (WSQA) expenses
✓ General agency facilities costs (including those associated with executive positions) such as
rent, depreciation expenses, and operations and maintenance
All amounts billed to administration must be supported by actual costs. If actual costs in the fiscal year
for HEN or contract period for CHG meet the budget cap, that amount may be charged in equal
monthly amounts.
✓ Billed directly such as IT services that are billed by the hour.
✓ Shared costs that are allocated directly by means of a cost allocation plan.
✓ Costs related to executive personnel such that a direct relationship between the cost and the
benefit cannot be established must be charged indirectly by use of an indirect cost rate which
has been appropriately negotiated with an approved cognizant agency or by use of the 10
percent de minimus rate.
i61FA
6.1 Service Delivery
Commerce promotes evidence -based service delivery models that efficiently move people
experiencing homelessness into permanent destinations.
6.1.1 Access to Homeless Housing Assistance
Coordinated entry intake must not require identification, social security cards, birth certificates, or
other documentation not required by funders. Households experiencing homelessness should be
provided temporary housing if available while documentation is being obtained. CHG Flexible Funding
can be used to assist homeless households in obtaining required documentation to access housing.
Programs should limit eligibility criteria to those required by funders and/or facility structure (for
example, funding for veterans or unit size suitable for families with children).
6.1.2 Voluntary Services
Programs must not terminate or deny services to households based on refusal to participate in
supportive services. Supportive services are helping or educational resources that include support
groups, mental health services, alcohol and substance abuse services, life skills or independent living
skills services, vocational services and social activities.
Supportive services do not include housing stability planning or case management.
6.1.3 Progressive Engagement
Lead/subgrantees must employ a progressive engagement (PE) service model. Progressive Engagement
includes the following components:
✓ Whenever possible, households experiencing a housing crisis should be diverted from entering
homeless housing programs through problem -solving conversations, linkages to mainstream
and natural supports, and/or flexible, and light -touch financial assistance.
✓ Initial assessment and services address the immediate housing crisis with the minimal services
needed.
✓ Frequent re -assessment determines the need for additional services.
✓ Services are individualized and responsive to the needs of each household.
✓ Households exit to permanent housing as soon as possible.
✓ Having already received assistance does not negatively impact a household's eligibility if they
face homelessness again.
6.1.4 Assessment and Housing Stability Planning
A problem -solving diversion conversation should occur prior to a full, standardized assessment.
Lead/subgrantees must assess each household's housing needs and facilitate planning with the goal of
obtaining or maintaining housing stability. Housing stability planning must be housing -focused and
client -driven.
Assessments and housing stability planning must be documented.
Assessments and housing stability planning are not required for Drop-in Shelters.
Page 1 25
6.2 HMIS
Lead/subgrantees providing direct service must enter client data into the Homeless Management
Information System (HMIS) for all temporary and permanent housing interventions regardless of
funding source.
Additionally, if the CHG lead grantee is a county government, all Emergency Shelter, Transitional
Housing, Safe Haven, Homelessness Prevention or any Permanent Housings type programs funded with
local document recording fees must enter client data in HMIS.
6.2,1 Data Timeliness
All counties using the State HMIS for direct data entry must enter/update project participant
household data into HMIS within 14 calendar days following the date of project enrollment/exit.
Counties not using the State HMIS (data integration counties), must upload data to the State's HMIS
data warehouse 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 data warehouse using an approved
format must use the State HMIS for direct data entry.
6.2.2 Data Quality
Data quality is measured by the percent of valid data collected for each data element. "Client doesn't
know", "Client refused", and "Data not collected" are considered invalid responses and will count
against data quality.
Data quality is reviewed with each invoice submission.
DATA QUALITY REQUIREMENT: PERCENT OF RECORDS WITH VALID RESPONSES
Data Element Emergency Shelter All Other Housing Project Types
Living Situation 85% 100%
Destination 60% 95%
Commerce will annually score county HMIS data quality. This score will be reported on the Homeless
System Performance Report Card.
Grantees should work to increase their HMIS data quality. Beginning July 2019, grantees must increase
their data quality from their 2018 Report Card baseline.
6.2.3 Consent for Entry of Personally Identifying Information
6.2.3.1 Identified Records
✓ Personally identifying information (PII)' must not be entered into HMIS unless all adult
household members have provided informed consent.
' PH — Permanent Supportive Housing, PH — Housing Only, PH — Housing with Services, PH — Rapid Re -Housing
' Emergency Shelters using the night -by -night tracking method in HMIS are excluded from data quality measurement. Emergency
Shelters with 100% beds categorized as voucher -based AND overflow may be excluded from the data quality measurement.
' PII includes name, social security number, birthdate, address, phone number, email, and photo.
Page 1 26
✓ Informed consent must be documented with a signed copy of the Client Release of Information
and Informed Consent Form in the client file. If electronic consent has been received, a copy
does not need to be printed for the client file but must be available in HMIS. If telephonic
consent has been received, complete the consent form the first time the household is seen in
person. See Appendix G: Agency Partner HMIS Agreement.
6.2.3.2 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
6.2.3.3 Special Circumstances
If the reporting of the HIV/AIDS status of clients is not specifically required, the HIV/AIDS status must
not be entered in HMIS.
If a combination of race, ethnicity, gender, or other demographic data could be identifying in your
community, those data should not be entered for anonymous records.
6.3 Habitability
6.3.1 For Rent Assistance
Documented habitability is required for all housing units into which households will be moving, except
when a household moves in with friends or family or into a hotel/motel unit. Housing units must be
documented as habitable prior to paying the rent subsidy. Documentation must be kept in the client
file.
Habitability can be documented by the Landlord Habitability Standards Certification Form or
inspection. Both methods are valid for the length of time the household is a tenant in the housing unit.
If the housing unit is provided to a different household within 12 months of documented habitability,
an additional certification/inspection is not required.
6.3.1.1 Allowable Methods for Unit Habitability Determination
The CHG Landlord Habitability Standards Certification Form references the state Landlord Tenant Act
(RCW 59.18.060) and requires the landlord (as defined in RCW 59.18.030) to certify that the unit meets
the safety and habitability standards detailed in the law. The landlord's failure to comply with the law
may result in termination of the rent subsidy.
W
Inspections: in lieu of (or in addition to) the above landlord certification, lead/subgrantees may choose
to inspect all housing units. Lead/subgrantees may use the Commerce Housing Habitability Standards
(HHS) Form or the HUD Housing Quality Standards (HQS) Inspection Form.
Page 1 27
Documentation of habitability certification or inspection must be kept in the client file.
6.3.1.2 Habitability Complaint Procedure
Each household must be informed in writing of the habitability complaint process and assured that
complaints regarding their housing unit's safety and habitability will not affect the household's
eligibility for assistance.
Lead/subgrantee must have a written procedure describing the response to complaints regarding unit
safety and habitability. The procedure must include:
✓ Mandatory inspection when a complaint is reported using the HHS Form, HQS Inspection Form,
or documenting the specific complaint in an alternate format that includes follow-up and
resolution.
6.3.2 For Facilities
All facilities must conduct and document an inspection at least once a year using the HHS Form or HQS
Inspection Form.
6.4 Lead Based Paint Assessment
To prevent lead poisoning in young children, lead/subgrantees must comply with the Lead -Based Paint
Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35, Parts A, B, M, and
R.
A visual assessment must be conducted on an annual basis thereafter (as long as assistance is
provided.) Visual assessments must be conducted by a HUD -Certified Visual Assessor and must be
documented on the HQS Inspection Form or HHS Form and maintained in the client file.
For a guide to compliance see Appendix H: Lead -Based Paint Visual Assessment Requirements.
6.4.1 For Rent Assistance
A lead-based paint visual assessment must be completed prior to providing rapid re -housing or
prevention rent assistance if a child under the age of six or pregnant woman resides in a unit
constructed prior to 1978.
6.4.2 For Facilities
All facilities that may serve a child under the age of six or a pregnant woman constructed prior to 1978
must conduct an annual lead-based paint visual assessment which is documented on the HQS
Inspection Form or HHS Form, and readily accessible for review.
6.4.3 Exceptions to the Lead -Based Paint Visual Assessment Requirement
Visual assessments are not required under the following circumstances:
✓ Zero -bedroom or SRO -sized units;
✓ X-ray or laboratory testing of all painted surfaces by certified personnel has been conducted in
accordance with HUD regulations and the unit is officially certified to not contain lead-based
paint;
✓ The property has had all lead-based paint identified and removed in accordance with HUD
regulations;
✓ The unit has already undergone a visual assessment within the past 12 months —obtained
documentation that a visual assessment has been conducted; or
✓ It meets any of the other exemptions described in 24 CFR Part 35.115(a).
Page 128
If any of the circumstances outlined above are met, lead/subgrantees must include the information in
6.5 Additional Requirements
6.5.1 Ineligible Use of Funds
Lead/subgrantees must inform Commerce if CHG funds are spent on ineligible households or expenses.
Reasonable attempts must be made to prevent ineligible use of funds.
6.5.2 Personal` Identifying Information
Personal identifying information must never be sent electronically unless sent via a secure file transfer.
Request a secure file transfer login credentials from Commerce.
6.5.3 Grievance Procedure
Lead/subgrantees must have a written grievance procedure for households seeking or receiving
services which includes the household's right to review decisions and present concerns to program
staff not involved in the grievance.
This procedure must:
✓ Clearly describe how households can request a review or report concerns
✓ Be accessible to all households seeking or receiving services
6.5.4 Termination and Denial of Service Policy
Lead/subgrantees must have a termination and denial policy.
This policy must:
✓ Describe the reasons a household would be denied services and/or terminated from program
participation
✓ Describe the notification process
✓ Ensure households are made aware of the grievance procedure
6.5.5 Records Maintenance and Destruction
Lead/subgrantees must maintain records relating to this grant for a period of six years following the
date of final payment. See CHG Grant General Terms and Conditions, Section 26 RECORDS
MAINTENANCE.
Paper records derived from HMIS which contain personally identifying information must be destroyed
within seven years after the last day the household received services from the lead/subgrantee.
6.5.6 Client File Check List
Lead/subgrantee must use the CHG Client File Checklist to record the contents of each client file.
Programs may create their own checklist but the components of the CHG Client File Checklist must be
included.
6.5.7 Consent to Review Information in the Benefits Verification System
All household members must provide informed consent for lead/subgrantees to review confidential
information in the Benefits Verification System (BVS) on the form DSHS 14-012(x)(REV 02/2003). See
Appendix I: Access to the DSHS Benefits Verification System Data Security Requirements for more
information. This form must be kept in the client file.
Page 1 29
6.5.8 Prohibitions
✓ Lead/subgrantee may not require households to participate in a religious service as a condition
of receiving program assistance.
✓ Lead/subgrantees may not deny emergency shelter to households that are unable to pay fees
for emergency shelter.
✓ If a program serves households with children, the age of a minor child cannot be used as a basis
for denying any household's admission to the program.
✓ If a program serves households with children, the program must serve all family compositions.
✓ If a program operates gender -segregated facilities, the program must allow the use of facilities
consistent with the client's gender expression or identity.
6.5.9 Nondiscrimination
As stated in the CHG Grant General Terms and Conditions Section 9 and Section 22, 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 it's amendments as it now reads
or as it may be amended. The Fair Housing Act currently prohibits discrimination because of race,
color, national origin, religion, sex, disability or family status. The Fair Housing Act prohibits enforcing
a neutral rule or policy that has a disproportionately adverse effect on a protected class.
Local nondiscrimination laws may include additional protected classes
Page 1 30
7.1 Washington Residential Landlord -Tenant Act
Lead/subgrantees must provide information on the Washington Residential Landlord Tenant Act (RCW
59.18) to households receiving rent assistance.
For more information on this law, visit Washington Law Help, housing page, tenant rights at
www.washingtonlawhelp.com.
7.2 Rental Agreements
Client files must contain one of the following types of agreements if rent assistance is paid on their
behalf: Intent to Rent, Lease, or Certification of Payment Obligation.
If the rent assistance paid is move -in costs (security deposits, first and last month's rent) only, an Intent
to Rent form is allowable. If the rent assistance will exceed move -in costs to include on-going rent, a
lease or Certification of Payment Obligation is required.
7.2.1 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
7.2.2 lease
At a minimum, the lease or rental agreement between the lead/subgrantee and the landlord OR the
household and the landlord must contain the following:
✓ Name of tenant
✓ Name of landlord
✓ Address of rental property
✓ Occupancy (who gets to live at the rental)
✓ Term of agreement (lease start and end date)
✓ Rent rate and date due
✓ Deposits (if any and what for/term)
✓ Signature of tenant/date
✓ Signature of landlord/date
7.2.3 Certification of Payment Obligation
A CHG Certification of Payment Obligation/Potential Eviction from Friend or Family Form is required for
rent subsidies paid to a friend or family member who is not in the business of property management.
This form must be kept in the client file.
Page 1 31
7.3 Targeted Prevention
Lead/subgrantees that provide targeted prevention must prioritize households most likely to become
homeless, and must complete the CHG Targeted Prevention Eligibility Screening Form. This form is only
for clients that are at imminent risk of homelessness and must be kept in the client file.
7!4 Rent Limit
Lead/subgrantees must set a rent limit policy for their service area using a percentage of HUD's Fair
Market Rent (FMR). The rent limit is the maximum rent that can be paid for a unit of a given size. Rent
calculations must include the cost of utilities as detailed on utility allowance schedules established by
the local Housing Authority. The policy may also include a description of how exceptions are made to
the rent limit when circumstances require a rent amount that exceeds the limit.
If a rent limit policy exceeds 120 percent FMR, lead/subgrantees must submit the rationale to
Commerce for approval.
7.5 Determining Rent Subsidy
Lead/subgrantees must have a standardized procedure for determining the amount of rent subsidy for
each household. The procedure should include a consideration of the household's resources and
expenses. Although each household may receive a different amount of rent subsidy, the procedure for
determining the subsidy must be standardized.
Client files must include documentation of the subsidy amount and the determination process. Rent
subsidy should be adjusted when there is a change in household circumstance, income, or need.
Page 132
Appendices k
8.1 Appendix A: Required and Recommended Forms
The following forms are required, if applicable. Forms may be modified if all of the content is included.
All CHG forms are posted on the Commerce CHG website.
✓ Consolidated Homeless Grant Verification of Household Eligibility and Income Recertification
(sections 4.2;4.4;4.5)
✓ Consolidated Homeless Grant Income Eligibility Worksheet (section 4.4.1)
✓ Consolidated Homeless Grant Utility -Only Assistance form (section 5.1.2)
✓ Client Release of Information and Informed Consent Form (section 6.2.3.1)
✓ Consolidated Homeless Grant Landlord Habitability Standards Certification Form OR Commerce
Housing Habitability Standards (HHS) Form OR HUD Housing Quality Standards (HQS) Inspection
Form— including Lead-based Paint Visual Assessment (section 6.3)
✓ Consolidated Homeless Grant Client File Checklist (section 6.5.6)
✓ DSHS 14-012(x)(REV 02/2003) for BVS(section 6.5.7)
✓ Consolidated Homeless Grant Certification of Payment Obligation/Potential Eviction from
Friend or Family (section 7.2.3)
✓ Consolidated Homeless Grant Targeted Prevention Eligibility Screening (section 7.3)
The following forms are recommended.
✓ Move in/move out condition report
Washington State's Landlord Mitigation Law (RCW 43.31.605) became effective on June 7th of 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 to receive
reimbursement.
For more information, please visit
https://commerce.wa.gov/landlordfund
Page 1 33
8.2 Appendix B: Required Policies and Procedures
✓ Coordinated Entry Policies (section 2.1.4)
✓ Habitability Complaint Procedure (section 6.3.1.2)
✓ Grievance Procedure (section 6.5.3)
✓ Termination or Denial of Service Policy (section 6.5.4)
✓ Rent Limit Policy (section 7.4)
✓ Determining Rent Subsidy Procedure (section 7.5)
Page 134
8.3 Appendix C: Client File Documentation
The following chart summarizes the documentation required in each client file, depending on the type of service provided. Details and specific
information for each requirement are explained in the following sections. Other documentation may be required based on individual
circumstances. CHG Required Forms are found on the Commerce CHG website.
Documentation
Drop-in Shelter
Continuous Stay
Transitional Housing
Rapid Re -housing
Permanent
Prevention Rent
Shelter
Rent Assistance
Supportive Housing
Assistance
Client File Checklist
HMIS Client Release of Information and Informed Consent
✓
✓
✓
Form (unless DV OR client refuses consent)
DSHS 14-012(x)(REV 02/2003) for BVS, if applicable
✓
✓
✓
✓
✓
CHG Verification of HH Eligibility and Income Recertification
If staying longer
✓
✓
✓
✓
Form (with associated documentation)
than 90 days
CHG Income Eligibility Worksheet (or equivalent, where
If staying longer
✓
CHG standard only
✓
CHG standard only
applicable)
than 90 days
Targeted Prevention Eligibility Screening Form
✓
Landlord Habitability Certification OR HHS or HQS
✓
✓
✓
Lead-based Paint Assessment, if applicable
✓
✓
✓
✓
Utility -Only Assistance Form, if applicable
✓
Lease OR Certification of Payment Obligation (for
✓
✓
friends/family)
Intent to Rent, if applicable
✓
Household Rent subsidy amount / Rent determination
✓
✓
process
Assessment and Housing Stability Planning
✓
✓
✓
✓
✓
Temporary Absence, if applicable
✓
✓
✓
Page 135
8.4 Appendix D: Performance Requirements
8.4.1 Overview
Performance measures help evaluate the effectiveness of Homeless Crisis Response Systems as
they work to ensure that homelessness is rare, brief, and one time.
The Department of Commerce (Commerce) has identified the following as the most critical
homeless system performance measures:
• Prioritizing Unsheltered Homeless Households
• Increasing Exits to Permanent Housing
• Reducing Returns to Homelessness
• Reducing the Length of Time Homeless
8.4,2 Unsheltered Prioritization
Grantees must prioritize unsheltered homeless households for services and projects.
A household is considered in unsheltered priority status if they are:
• Currently living in a place not meant for habitation.'
OR
• Currently fleeing violence: domestic violence, dating violence, sexual assault,
stalking or other dangerous or life-threatening conditions that relate to violence
against the individual or a family member
OR
• Recently living in a place not meant for habitation or fleeing violence.
Fulfilling this requirement can be demonstrated by:
• Achieving Functional Zero for at least two subpopulations
OR
• Serving at least 60% Unsheltered Homeless households
OR
• Increasing Percent of Unsheltered Homeless households 5 percentage points in
each year of the contract period
8.4.3 Functional Zero
Grantees can meet the requirement to prioritize unsheltered homeless households by achieving
s Living outside or in a place that is not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a
vehicle, park, abandoned building, bus or train station, airport, or campground.
36
Functional Zero for at least two subpopulations in the grantee's service area.
Functional Zero is reached when the number of housing placements' is equal to or greater than
the number of current and newly identified homeless households"
Subpopulations are:
• Youth"
• Veterans
• Chronically Homeless
• Families with minor children,
• Individual Adults (households without minor children)
Commerce will evaluate grantees asserting Functional Zero based on state and local
administrative data, and qualitative data gathered from key stakeholders. Evaluation will
include confirmation that grantees meet the United States Interagency Council on
Homelessness (USICH) criteria and benchmarks for each subpopulation as described in the
following documents and as they may be amended:
Youth:
https://www.usich.gov/resources/uploads/asset library/Youth-Criteria-and-
Benchmarks-revised-Feb-2018.pdf
Veterans:
https://www.usich.gov/resources/uploads/asset library/Vet Criteria Benchmarks V3
February2017.pdf
Chronic Homelessness:
https://www.usich.gov/tools-for-action/criteria-and-benchmark-for-ending-chronic-
homelessness/
Families with Minor Children:
https://www.usich.gov/tools-for-action/criteria-and-benchmarks-for-ending-family-
homelessness/
Grantees may seek federal confirmation of Functional Zero, or ending homelessness among a
subpopulation. If federally confirmed, Commerce will not provide evaluation.
Reaching Functional Zero is an accomplishment that requires maintenance. Confirmed
Functional Zero is will not exempt the grantee from future requirements. Reconfirmation will
be required for each contract cycle. If a grantee reaches and maintains Functional Zero two
subpopulations, they will be required to focus on the remaining subpopulations.
' The number of homeless households exited from Street Outreach, Emergency Shelter, Transitional Housing to permanent housing, AND the
number of homeless households in any Permanent Housing type project (including Rapid Re -Housing) with a Housing Move -In during the report
period.
"'The number of homeless households within a given community based on the best available data on each community's homeless population.
This can include the community's "Active or By -Name List" or a combination of administrative data.
11 Unaccompanied youth under age 18
37
8.4.4 Increase Percent of Unsheltered Homeless Households
Grantees can meet the requirement to prioritize unsheltered homeless households increasing
percent served of unsheltered homeless households 5 percentage points in each year of the
contract period.
Grantees that have not achieved functional zero for two subpopulations, and do not increase
the percent served of unsheltered homeless households may assert that they have met a high
performance threshold which will be evaluated by the Commerce based on state and local
administrative data, and qualitative data gathered from key stakeholders.
8.4.5 Measurement
The Homeless Management Information System (HMIS) is the data source.
Data for the previous state fiscal year will serve as the baseline. Compliance is measured at the
system level. This means data from all applicable projects are included, without regard to fund
sources.
1. Client Universe:
Any head of household or adult who entered into Emergency Shelter, Safe Haven,
Transitional Housing, Homelessness Prevention, or any permanent housing type project
(including Rapid Re -Housing) during the report period.
2. Count Unsheltered:
Of the client universe, count those with a prior residence (3.917A living situation): Place
not meant for habitation OR answered 4.11 Domestic Violence YES AND YES to "Are you
currently fleeing?"
3. Count History of Unsheltered:
For the remaining client universe, count those who were active in any Emergency
Shelter, Safe Haven, Transitional Housing, Homelessness Prevention, Street Outreach,
Services Only, or any permanent housing type project (including Rapid Re -Housing)
within 24 months prior to the reporting period AND had a prior residence (3.917A living
situation) of: Place not meant for habitation OR answered 4.11 Domestic Violence "YES"
AND "YES" to "Are you currently fleeing?"
4. Calculation:
Divide the total from steps two and three by the total from step 1 (client universe) to
calculate the percent of people served who are considered in unsheltered priority
status.
Example:
In Community A, 100 people entered into an Emergency Shelter, Safe Haven, Transitional
Housing, Homelessness Prevention, or any permanent housing type project (including Rapid Re -
Housing) during the report period.
Of those, 40 entered with a living situation 'Place not meant for habitation' or answered that
they are fleeing violence.
Of the 60 remaining people, 10 were active in any Emergency Shelter, Safe Haven, Transitional
Housing, Homelessness Prevention, Street Outreach, Services Only or any permanent housing
type project (including Rapid Re -Housing) within 24 months prior to the reporting period AND
had a living situation 'Place not meant for habitation' or answered that they were fleeing
violence.
40 currently Unsheltered + 10 history Unsheltered
Unsheltered Percentage 50% = 100 people entered
8.4.6 Housing Outcome Performance Measures
Grantees must improve housing outcomes or maintain housing outcomes (by meeting the
statewide target). The target is the level of desirable performance and is an indicator of a high
performing system.
For each intervention type funded by the Consolidated Homeless Grant (CHG), grantees must
adopt the required performance measure and may adopt optional measures.
Using local baseline data, grantees must choose benchmarks for each required performance
measure. The benchmark is a short-term goal to improve performance and indicates acceptable
progress toward the target.
Grantees meeting benchmarks, making progress towards benchmarks, or meeting performance
targets, meet the requirement to improve in housing outcomes.
8,4,7 Measurement
The Homeless Management Information System (HMIS) is the data source
Compliance is measured at the intervention, or project -type level. This means data from all
applicable projects are included, without regard to fund sources.
For example, to monitor compliance with 'Increase Percent Exits to Permanent Housing from
Rapid Re -Housing', all Rapid Re -Housing projects in a given community will be included in the
calculation. The Homeless Management Information System (HMIS) is the data source for
calculating the baseline and performance results.
39
Data for the previous state fiscal year will serve as the baseline. Grantees may propose a more
recent baseline period if there have been significant changes to inventory or operations.
8.4.8 Subgrantee Requirements
Performance measures and benchmarks must be included in CHG subgrantee agreements for
applicable intervention types. Optional measures (if selected) are not required to be included in
CHG subgrantee agreements.
Grantees should customize subgrantee benchmarks according to past performance, facility
type, target population and other variables. For example, in order to increase system -wide exits
to permanent housing from emergency shelters, a grantee may require a high -performing
emergency shelter to reach 60 percent exits to permanent housing while a low -performing
emergency shelter is only required to reach 20 percent exits to permanent housing.
Emergency Shelters:
• Reduce Median Length of Stay should only be required if the project is housing -focused
and has high rates of exits to permanent housing.
Transitional Housing:
• Reduce Median Length of Stay should not be required if the project has a youth and
young adult12 target population.
8.4.9 Required Housing Outcome Performance Measures
Required housing outcome performance measures, HMIS calculations, acceptable levels of
progress and targets are outlined in the following table.
12 Unaccompanied youth under age 18, and young adults ages 18-24, including parenting youth and young adults.
HI
Table 1: Required Housing Outcome Performance Measures
Intervention
Performance Measure
HMIS Calculation
Acceptable Progress
Performance Target
Type,
-0
Increase Percent Exits to
Of people in ES who exited, those
Increase by at least 5
At Least 50%
Emergency
;"
Permanent Housing
who exited to permanent housing14
percentage points
Shelter
a
destinations
ES )13
Reduce Median Length of Stay
Of the people active in ES, the days
Decrease by at least 5
20 Days or Less
=
homeless as measured by each
days
Qclient's
start, exit and bed night dates
0
strictly as entered into HMIS.
-a
NEW! Increase Percent Exits to
Of people in ES who exited, those
Increase by at least 5
At least 50%
Drop In
v
Positive Outcomes
who exited to Positive Outcome 16
percentage points
Emergency
C
destinations
Shelter 15
Increase Percent Exits to
Of people in TH who exited, those
Increase by at least 5
At Least 80%
Transitional
v
Permanent Housing
who exited to permanent housing
percentage points
Housing
destinations
(TH)
Reduce Median Length of Stay
Of the people active in TH, the days
Decrease by at least 5
90 Days or Less
homeless as measured by each
days
to
C:
client's start, exit and bed night dates
Q
strictly as entered into HMIS
0
13 Excludes Drop In Emergency Shelters
14 Pemtanent Housing as defined by HUD System Performance Measure 7: https://www.hudexchange.info/resources/documents/System-Performance-Measure-7-Housing-Destination-Summary.pdf
15 Drop In Emergency Shelters offer night -by -night living arrangements that allow households to enter and exit on an irregular or daily basis and olien use a Night -By -Night tracking method in HMIS.
16 Positive Outcome from Street Outreach as defined by HUD System Perlormance Measure 7: https://www.htidexchange.info/resotuces/documents/System-Performance-Meastue-7-Housing- Destination-Summary.pdf
41
42
Increase Percent Exits to
Of people in RRH who exited, those
Increase by at least 5
At Least 80%
Rapid Re-
v
Permanent Housing
who exited to permanent housing
percentage points
Housing
destinations
(RRH)
Increase Percent Exits to or
Of people in PSH, those who
Increase by at least 5
At Least 95%
Permanent
Retention of Permanent Housing
remained in PSH or exited to
percentage points
Supportive
permanent housing destinations
Housing
(PSH)
CU
W
42
8.5 Appendix E: Documentation of Housing Status
Homeless At ImT+!\�.t,�Risk of Homelessness
Unsheltered (Place
Resit
Not Meant for
H
Human Habitation)
Third party Letter signed and dated from
verification, including the provider of the
outreach workers, temporary housing.
stating what type of
representative including: I applicant
place they were
Fleeing Domestic
Exiting a System of Care
Violence, Dating
and Previously Homeless
Violence, Sexual
Assault, Stalking, etc.
before.
A telephone call to the
Letter signed and dated by
Signed and dated self -
system of care
declaration by
representative including: I applicant
place they were
OR
a.
Statement verifying
staying the night
holder or other written
current stay of
before.
A telephone call to the
current living situation, and
household
b. Date when the household must
provider of temporary
vacate the temporary housing.
member(s), and
OR
housing that is documented,
from the landlord that
Certification of Payment Obligation and
signed, and dated by the case
b.
Indicate household
Signed and dated
manager making the call.
OR
member(s) have no
self -declaration by
available housing
applicant stating
OR
option after exiting.
what type of place
C.
Indicate that
they were staying the
Current HMIS record from
household was
night before.
homeless housing project,
homeless prior to
including dates of stay.
entering the system
of care.
Letter signed and dated from the
Copy of lease naming
provider of the temporary residence.
household member as lease
Letter must include:
holder or other written
occupancy agreement
a. Statement verifying the applicant's
identifying them as legal
current living situation, and
tenant of unit.
b. Date when the household must
vacate the temporary housing.
AND
OR
Written and signed notice
from the landlord that
Certification of Payment Obligation and
includes the date when the
Potential Eviction from Friend/Family
household must vacate
form.
within 14 days.
OR
A telephone call to the provider of
temporary housing that is documented,
signed, and dated by the case manager
making the call.
OR
Self -declaration signed and dated by
applicant stating where they are
residing. Self -declaration of housing
status should be used very rarely and
only when written third -party
Letter signed and dated by
system of care
representative including:
a. Statement verifying
current stay of
household
member(s), and
b. Indicate household
member(s) have no
available housing
option after exiting.
43
8.6 Appendix F: Examples of Maintenance Activities
ALLOWABLE EXPENSES
Cleaning Activities Protective or Preventative
Measures to Keep a Building,
its Systems, and its Grounds
in Working Order
• Cleaning gutters and
downspouts
• Lawn and yard care
(mowing, raking,
weeding,
trimming/pruning
trees and shrubs)
• Cleaning a portion of
interior or exterior of
building, including
• Fixing gutters
• Mending cracked plaster
• Patching roof
• Caulking, weather
stripping, re -glazing.
• Replacing a broken
window or screen
• Reapplication of
protective coatings
• Fixing plumbing leaks
Replacing Existing Appliances or
Objects That Have Broken or
are Clearly Past Their Useful
Life, are not Fixtures or Part of
the Building (See above for
definition of "fixtures.")
Replacing:
• Kitchen appliances where
removal would not cause
any damage (for example
dishwashers, stoves,
refrigerators)
• Light bulbs
• Washing and drying
machines
• Air filters
graffiti removal
. Repainting previously
• Furniture
• Washing windows
painted surface (including
• Litter pick up and trash
limited scraping)*
collection
. Waterproofing (sealant)
• Removing snow/ice
• Servicing and
• Unclogging sinks and
maintenance of
toilets
mechanical systems
• Replacing a carpet square
or patching carpet
• Fixing alarm systems
• Installing temporary
fencing
* Non-destructive methods only (e.g., no sandblasting or
high pressure spraying).
8.7 Appendix G: Agency Partner HMIS Agreement
The Homeless Management Information System ("HMIS") is a client management system that
maintains information regarding the characteristics and service needs of Clients for a variety of
reasons, including the provision of more effective and streamlined services to Clients and the
creation of information that communities can use to determine the use and effectiveness of
services.
Ultimately, when used correctly and faithfully by all involved parties, the HMIS is designed to
benefit multiple stakeholders, including provider agencies, persons who are homeless, funders
and the community, through improved knowledge about people who are homeless, their
services and service needs and a more effective and efficient service delivery system.
The Homeless Housing and Assistance Act of 2005 requires the Department of Commerce to
collect HMIS data in the form of a data warehouse. Each homeless service provider will submit
HMIS data to Commerce.
Lead grantees/ sub grantees and the Department of Commerce agree as follows:
General Understandings:
In this Agreement, the following terms will have the following meanings:
"Client" refers to a consumer of services;
"Partner Agency" refers generally to any Agency participating in HMIS.
"Agency staff" refers to both paid employees and volunteers.
"HMIS" refers to the HMIS system administered by Commerce.
"Enter(ing)" or "entry" refers to the entry of any Client information into HMIS.
"Shar(e)(ing)," or "Information Shar(e)(ing)" refers to the sharing of information which has
been entered in HMIS with another Partner Agency.
"The Balance of State Continuum of Care Steering Committee" or "Steering Committee" refers
to a Commerce advisory body that serves in a consultative and counseling capacity to
Commerce as the system administrator. The Steering Committee is comprised of
representatives from the State, the Balance of State Continuum of Care regions and at -large
members.
"Identified Information" refers to Client data that can be used to identify a specific Client. Also
referred to as "Confidential" data or information.
"De -identified Information" refers to data that has specific Client demographic information
removed, allowing use of the data without identifying a specific Client. Also referred to as
"non -identifying" information.
Agency understands that when it enters information into HMIS, such information will be
available to Commerce staff who may review the data to administer HMIS; to conduct analysis
in partnership with the Research and Data Analysis (RDA) division at the Department of Social
and Health Services (DSHS); and to prepare reports that may be submitted to others in de -
identified form without individual identifying Client information.
Agency understands that Agency will have the ability to indicate whether information Agency
entered into HMIS may be shared with and accessible to Partner Agencies in HMIS system.
19
Agency is responsible for determining and designating in HMIS whether information may or
may not be shared using the Interagency Data Sharing Agreement available through
Commerce.
Confidentiality:
Agency will not:
enter information into HMIS which it is not authorized to enter; and
will not designate information for sharing which Agency is not authorized to share, under any
relevant federal, state, or local confidentiality laws, regulations or other restrictions applicable
to Client information. By entering information into HMIS or designating it for sharing, Agency
represents that it has the authority to enter such information or designate it for sharing.
Agency represents that: (check applicable items)
❑ it is; ❑ is not; a "covered entity" whose disclosures are restricted under HIPAA (45 CFR
160 and 164); More information about "covered entities" can be found here:
http://www. hhs.gov/ocr/privacy/hipaa/understanding/coverede ntities/i ndex. htm I
❑ it is; ❑ is not; a program whose disclosures are restricted under Federal Drug and Alcohol
Confidentiality Regulations: 42 CFR Part 2;
If Agency is subject to HIPAA, (45 CFR 160 and 164) or 42 CFR Part 2, a fully executed Business
Associate or Business Associate/Qualified Service Organization Agreement must be attached to
this agreement before information may be entered. Sharing of information will not be
permitted otherwise.
If Agency is subject to any laws or requirements which restrict Agency's ability to either enter
or authorize sharing of information, Agency will ensure that any entry it makes and all
designations for sharing fully comply with all applicable laws or other restrictions.
Agency shall comply with the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (VAWA) and Washington State RCW 43.185C.030. No Identified
Information may be entered into HMIS for Clients in licensed domestic violence programs or
for Clients fleeing domestic violence situations.
Agency shall not enter confidential information regarding HIV/AIDS status, in accordance with
RCW 70.02.220. If funding (i.e., HOPWA) requires HMIS use, those clients' data shall be
entered without Identifying Information.
To the extent that information entered by Agency into HMIS is or becomes subject to
additional restrictions, Agency will immediately inform Commerce in writing of such
restrictions.
Information Collection, Release and Sharing Consent:
Collection of Client Identified information: An agency shall collect client identified information
only when appropriate to the purposes for which the information is obtained or when
required by law. An Agency must collect client information by lawful and fair means and,
where appropriate, with the knowledge or consent of the individual.
Obtaining Client Consent: In obtaining Client consent, each adult Client in the household must
sign the HMIS Client Release of Information (or a Commerce -approved equivalent release
document) to indicate consent to enter Client identified information into HMIS. If minors are
present in the household, at least one adult in the household must consent minors by writing
their names on the HMIS Client Release of Information. If any adult member of a household
46
does not provide written consent, identifying information may not be entered into HMIS for
anyone in the household. Unaccompanied youth may not sign the consent form for
themselves.
Do not enter personally identifying information into HMIS for clients who are in licensed
domestic violence agencies or currently fleeing or in danger from a domestic violence, dating
violence, sexual assault or stalking situation.
Do not enter HIV/AIDS status in HMIS. If funding (Le, HOPWA) requires HMIS use, those
clients' data shall be entered without personally identifying information.
Telephonic consent from the individual may temporarily substitute for written consent
provided that written consent is obtained at the first time the individual is physically present at
Agency.
A Client may withdraw or revoke consent for Client identified information collection by signing
the HMIS Revocation of Consent. If a Client revokes their consent, Agency is responsible for
immediately contacting Commerce and making appropriate data modifications in HMIS to
ensure that Client's personally identified information will not be shared with other Partner
Agencies or visible to the Agency staff within the system.
This information is being gathered for the collection and maintenance of a research database
and data repository. The consent is in effect until the client revokes the consent in writing.
No Conditioning of Services: Agency will not condition any services upon or decline to provide
any services to a Client based upon a Client's refusal to allow entry of identified information
into HMIS.
Re-release Prohibited: Agency agrees not to release any Client identifying information received
from HMIS to any other person or organization without written informed Client consent, or as
required by law.
Client Inspection/Correction: Agency will allow a Client to inspect and obtain a copy of his/her
own personal information except for information compiled in reasonable anticipation of, or for
use in, a civil, criminal or administrative action or proceeding. Agency will also allow a Client to
correct information that is inaccurate. Corrections may be made by way of a new entry that is
in addition to but is not a replacement for an older entry.
Security: Agency will maintain security and confidentiality of HMIS information and is
responsible for the actions of its users and for their training and supervision. Among the steps
Agency will take to maintain security and confidentiality are:
Access: Agency will permit access to HMIS or information obtained from it only to authorized
Agency staff who need access to HMIS for legitimate business purposes (such as to provide
services to the Client, to conduct evaluation or research, to administer the program, or to
comply with regulatory requirements). Agency will limit the access of such staff to only those
records that are immediately relevant to their work assignments.
User Policy: Prior to permitting any user to access HMIS, Agency will require the user to sign a
User Policy, Responsibility Statement & Code of Ethics ("User Policy'), which is found on the
Commerce web page (www.commerce.wa.gov/hmiswa) and is incorporated into this
agreement and may be amended from time to time by Commerce. Agency will comply with,
and enforce the User Policy and will inform Commerce immediately in writing of any breaches
of the User Policy
Computers: Security for data maintained in HMIS depends on a secure computing
environment. Computer security is adapted from relevant provisions of the Department of
47
Housing and Urban Development's (HUD) "Homeless Management Information Systems
(HMIs) Data and Technical Standards Notice" (Docket No. FR 4848-N-01; see
https://www.hudexchange.info/resou rce/1318/2004-hmis-data-and-technical-standards-final-
notice ). Agencies are encouraged to directly consult that document for complete
documentation of HUD's standards relating to HMIS.
Agency agrees to allow access to HMIS only from computers which are:
owned by Agency or approved by Agency for the purpose of accessing and working with HMIS;
protected from viruses by commercially available virus protection software;
protected with a software or hardware firewall;
maintained to insure that the computer operating system running the computer used for the
HMIS is kept up to date in terms of security and other operating system patches, updates, and
fixes;
accessed through web browsers with 256 -bit encryption (e.g., Internet Explorer, version 11.0).
Some browsers have the capacity to remember passwords, so that the user does not need to
type in the password when returning to password -protected sites. This default shall not be
used with respect to Commerce' HMIS; the end-user is expected to physically enter the
password each time he or she logs on to the system;
staffed at all times when in public areas. When computers are not in use and staff is not
present, steps should be taken to ensure that the computers and data are secure and not
publicly accessible. These steps should minimally include: Logging off the data entry system,
physically locking the computer in a secure area, or shutting down the computer entirely.
Passwords: Agency will permit access to HMIS only with use of a User ID and password, which
the user may not share with others. Written information pertaining to user access (e.g.
username and password) shall not be stored or displayed in any publicly accessible location.
Passwords shall be at least eight characters long and meet industry standard complexity
requirements, including, but not limited to, the use of at least one of each of the following
kinds of characters in the passwords: Upper and lower-case letters, and numbers and symbols.
Passwords shall not be, or include, the username, or the HMIS name. In addition, passwords
should not consist entirely of any word found in the common dictionary or any of the above
spelled backwards. The use of default passwords on initial entry into the HMIS application is
allowed so long as the default password is changed on first use. Passwords and user names
shall be consistent with guidelines issued from time to time by HUD and/or Commerce.
Training/Assistance: Agency will permit access to HMIS only after the authorized user
receives appropriate confidentiality training including that provided by Commerce. Agency
will also conduct ongoing basic confidentiality training for all persons with access to HMIS and
will train all persons who may receive information produced from HMIS on the confidentiality
of such information. Agency will participate in such training as is provided from time to time
by Commerce. Commerce will be reasonably available during Commerce defined weekday
business hours for technical assistance (i.e. troubleshooting and report generation).
Records: Agency and Commerce will maintain records of any disclosures of Client identifying
information either of them makes of HMIS information for a period of seven years after such
disclosure. On written request of a Client, Agency and Commerce will provide an accounting
of all such disclosures within the prior seven-year period. Commerce will have access to an
audit trail from HMIS so as to produce an accounting of disclosures made from one Agency to
another by way of sharing of information from HMIS.
48
Retention of paper copies of personally identifying information: Agencies must develop and
adopt policies governing the retention of paper records containing personally identifying
information derived from a Homeless Management Information system. The policy must
define how long paper records are retained after they are no longer being actively utilized, and
the process that will be used to destroy the records to prevent the release of personally
identifying information. The policy must require the destruction of the paper records derived
from an HMIS no longer than seven years after the last day the person was served by the
organization.
Information Entry Standards:
Information entered into HMIS by Agency will be truthful, accurate and complete to the best
of Agency's knowledge.
Agency will not solicit from Clients or enter information about Clients into the HMIS database
unless the information is required for a legitimate business purpose such as to provide services
to the Client, to conduct evaluation or research, to administer the program, or to comply with
regulatory requirements.
Agency will only enter information into HMIS database with respect to individuals that it
serves or intends to serve, including through referral.
Agency will enter all data for a particular month into HMIS database by the 51h business day of
the following month. Additionally, Agency will make every attempt enter all data for a
particular week by the end of that week.
Agency will not alter or over -write information entered by another Agency.
Use of HMIS:
Agency will not access identifying information for any individual for whom services are neither
sought nor provided by the Agency. Agency may access identifying information of the Clients
it serves and may request via writing access to statistical, non -identifying information on both
the Clients it serves and Clients served by other HMIS participating agencies.
Agency may report non -identifying information to other entities for funding or planning
purposes. Such non -identifying information shall not directly identify individual Clients.
Agency and Commerce will report only non -identifying information in response to requests for
information from HMIS unless otherwise required by law.
Agency will use HMIS database for legitimate business purposes only.
Agency will not use HMIS in violation of any federal or state law, including, but not limited to,
copyright, trademark and trade secret laws, and laws prohibiting the transmission of material,
which is threatening, harassing, or obscene.
Agency will not use the HMIS database to defraud federal, state or local governments,
individuals or entities, or conduct any illegal activity.
Proprietary Rights of the HMIS:
Agency shall not give or share assigned passwords and access codes for HMIS with any other
Agency, business, or individual. Each user shall request their own login and password.
Agency shall take due diligence not to cause in any manner, or way, corruption of the HMIS
database, and Agency agrees to be responsible for any damage it may cause.
Steering Committee: Commerce will consult with the Steering Committee from time to time
regarding issues such as revision to the form of this Agreement. Written Agency complaints
that are not resolved may be forwarded to the Steering Committee, which will try to reach a
voluntary resolution of the complaint.
49
Limitation of Liability and Indemnification: No party to this Agreement shall assume any
additional liability of any kind due to its execution of this agreement of participation in the
HMIS. It is the intent of the parties that each party shall remain liable, to the extent provided
by law, regarding its own acts and omissions; but that no party shall assume additional liability
on its own behalf or liability for the acts of any other person or entity except for the acts and
omissions of their own employees, volunteers, agents or contractors through participation in
HMIS. The parties specifically agree that this agreement is for the benefit if the parties only
and this agreement creates no rights in any third party.
Limitation of Liability. Commerce shall not be held liable to any member Agency for any
cessation, delay or interruption of services, nor for any malfunction of hardware, software or
equipment.
Disclaimer of Warranties. Commerce makes no warranties, express or implied, including the
warranties of merchantability and fitness for a particular purpose, to any Agency or any other
person or entity as to the services of the HMIS to any other matter.
Additional Terms and Conditions:
Agency will abide by such guidelines as are promulgated by HUD and/or Commerce from time
to time regarding administration of the HMIS.
Agency and Commerce intend to abide by applicable law. Should any term of this agreement
be inconsistent with applicable law, or should additional terms be required by applicable law,
Agency and Commerce agree to modify the terms of this agreement so as to comply with
applicable law.
Neither Commerce nor Agency will transfer or assign any rights or obligations regarding HMIS
without the written consent of either party.
Agency agrees to indemnify and hold Commerce and its agents and staffs harmless from all
claims, damages, costs, and expenses, including legal fees and disbursements paid or incurred,
arising from any breach of this Agreement or any of Agency's obligations under this
Agreement.
This Agreement will be in force until terminated by either party. Either party may terminate
this agreement at will with 20 days written notice. Either party may terminate this agreement
immediately upon a material breach of this Agreement by the other party, including but not
limited to the breach of the Commerce Security Policy by Agency.
If this Agreement is terminated, Agency will no longer have access to HMIS. Commerce and
the remaining Partner Agencies will maintain their right to use all of the Client information
previously entered by Agency except to the extent a restriction is imposed by Client or law.
Copies of Agency data will be provided to the Agency upon written request of termination of
this agreement. Data will be provided on CDs or other mutually agreed upon media. Unless
otherwise specified in writing, copies of data will be delivered to Agency within fourteen (14)
calendar days of receipt of written requests for data copies.
50
8.8 Appendix H: lead -Based Paint Visual Assessment Requirements
To prevent lead -poisoning in young children, Lead/Subgrantees must comply with the Lead -
Based Paint Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35,
Parts A, B, M, and R.
Disclosure Requirements
For ALL properties constructed prior to 1978, landlords must provide tenants with:
✓ Disclosure form for rental properties disclosing the presence of known and unknown
lead-based paint;
✓ A copy of the "Protect Your Family from Lead in the Home" pamphlet.
Both the disclosure form and pamphlet are available at: https://www.epa.gov/lead/real-estate-
disclosure
It is recommended that rent assistance providers also share this information with their clients.
Determining the Age of the Unit
Lead/Subgrantees should use formal public records, such as tax assessment records, to
establish the age of a unit. These records are typically maintained by the state or county and
will include the year built or age of the property. To find online, search for your county name
with one of the following phrases:
✓ "property tax records"
✓ "property tax database"
✓ "real property sales"
Print the screenshot for the case file. If not available online, the information is public and can
be requested from the local authorities.
Conducting a Visual Assessment
Visual assessments are required when:
✓ The leased property was constructed before 1978;
AND
✓ A child under the age of six or a pregnant woman will be living in the unit occupied by
the household receiving CHG rent assistance.
A visual assessment must be conducted prior to providing CHG rent assistance to the unit and
on an annual basis thereafter (as long as assistance is provided). Lead/Subgrantees may choose
to have their program staff complete the visual assessments or they may procure services from
a contractor. Visual assessments must be conducted by a HUD -Certified Visual Assessor.
Anyone may become a HUD -Certified Visual Assessor by successfully completing a 20 -minute
online training on HUD's website at:
http://www.hud.gov/offices/lead/training/visualassessment/h00101.htm
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If a visual assessment reveals problems with paint surfaces, Lead/Subgrantees cannot approve
the unit for CHG assistance until the deteriorating paint has been repaired. Lead/Subgrantees
may wait until the repairs are completed or work with the household to locate a different (lead -
safe) unit.
Locating a Certified Lead Professional and Further Training
To locate a certified lead professional in your area:
✓ Call your state government (health department, lead poison prevention program, or
housing authority).
✓ Call the National Lead Information Center at 1 -800 -424 -LEAD (5323).
✓ Go to the US Environmental Protection Agency website at
https://www.epa.gov/leadand click on "Find a Lead -Safe Certified Firm."
✓ Go to Washington State Department of Commerce Lead -Based Paint Program website at
http://www.com merce.wa.gov/bu i I dins-infrastructure/housing/lea d-based-paint/lead-
based-paint-program-Ibpabatement/ and click on "Find a Certified LBP Firm" under
Other Resources.
Information on lead-based programs in Washington State can be found at
http://www. com merce.wa.gov/bu i I d i ng-infrastructure/housing/lead-ba sed -paint/.
For more information on the Federal training and certification program for lead professionals,
contact the National Lead Information Center (NLIC) at https://www.epa.gov/lead/forms/lead-
hotline-national-lead-information-centeror 1 -800 -424 -LEAD to speak with an information
specialist.
The Lead Safe Housing Rule as well as a HUD training module can be accessed at
http://Portal.hud.gov/hudportal/HUD?src=/program offices/healthy homes/enforcement/Ishr
8.9 Appendix 1 Access to the DSHS Benefits Verification System Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Appendix, shall each have
the following definitions:
a. "Authorized User(s)" means an individual or individuals with an authorized business
requirement to access DSHS Confidential Information.
b. "Hardened Password" means a string of at least eight characters containing at least one
alphabetic character, at least one number and at least one special character such as an
asterisk, ampersand or exclamation point.
c. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
d. "Contractor" means CHG Lead/subgrantees
2. Data Transport. When transporting DSHS Confidential Information electronically, including
via email, the Data will be protected by:
a. Transporting the Data within the (State Governmental Network) SGN or Contractor's
internal network, or;
b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal network.
This includes transit over the public Internet.
3. Protection of Data. The Contractor agrees to store Data on one or more of the following
media and protect the Data as described:
a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique
User ID and Hardened Password or other authentication mechanisms which provide equal
or greater security, such as biometrics or smart cards.
b. Network server disks. Data stored on hard disks mounted on network servers and made
available through shared folders. Access to the Data will be restricted to Authorized Users
through the use of access control lists which will grant access only after the Authorized User
has authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or
smart cards. Data on disks mounted to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined in Section
5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken
out of the Secured Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not
be transported out of a Secured Area. When not in use for the contracted purpose, such
discs must be locked in a drawer, cabinet or other container to which only Authorized Users
have the key, combination or mechanism required to access the contents of the container.
Workstations which access DSHS Data on optical discs must be located in an area which is
53
accessible only to authorized personnel, with access controlled through use of a key, card
key, combination lock, or comparable mechanism.
Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be
transported out of a Secured Area. Access to Data on these discs will be restricted to
Authorized Users through the use of access control lists which will grant access only after
the Authorized User has authenticated to the network using a Unique User ID and Hardened
Password or other authentication mechanisms which provide equal or greater security, such
as biometrics or smart cards. Data on discs attached to such servers must be located in an
area which is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secured
Area which is only accessible to authorized personnel. When not in use, such records must
be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only
authorized persons have access.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN)
or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue
authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized
Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an
Authorized User in possession of such credentials is terminated or otherwise leaves the
employ of the Contractor, and whenever an Authorized User's duties change such that the
Authorized User no longer requires access to perform work for this Contract
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the
Contractor on portable devices or media unless specifically authorized within the terms and
conditions of the Contract. If so authorized, the Data shall be given the following
protections:
(a)Encrypt the Data with a key length of at least 128 bits
(b)Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
(c)Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
Physically Secure the portable device(s) and/or media by
(d)Keeping them in locked storage when not in use
(e)Using check-in/check-out procedures when they are shared, and
(f)Taking frequent inventories
(2) When being transported outside of a Secured Area, portable devices and media
with DSHS Confidential Information must be under the physical control of Contractor staff
with authorization to access the Data.
(3) Portable devices include, but are not limited to; smart phones, tablets, flash
memory devices (e.g. USB flash drives, personal media players), portable hard disks, and
laptop/notebook/netbook computers if those computers may be transported outside of a
Secured Area.
(4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs),
54
magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC).
Data stored for backup purposes.
(1) DSHS data may be stored on portable media as part of a Contractor's
existing, documented backup process for business continuity or disaster recovery purposes.
Such storage is authorized until such time as that media would be reused during the course
of normal backup operations. If backup media is retired while DSHS Confidential
Information still exists upon it, such media will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition
(2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Contractors existing, documented backup process for
business continuity or disaster recovery purposes. If so, such media will be protected as
otherwise described in this exhibit. If this media is retired while DSHS Confidential
Information still exists upon it, the data will be destroyed at that time in accordance with
the disposition requirements in Section 5. Data Disposition.
4. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for
return or destruction. It also aids in determining whether DSHS Data has or may have been
compromised in the event of a security breach. As such, one or more of the following
methods will be used for data segregation.
b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain
no non-DSHS data. And/or,
c. DSHS Data will be stored in a logical container on electronic media, such as a partition or
folder dedicated to DSHS Data. And/or,
d. DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data
by the value of a specific field or fields within database records.
f. When stored as physical paper documents, DSHS Data will be physically segregated from
non-DSHS data in a drawer, folder, or other container.
g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both
the DSHS Data and the non-DSHS data with which it is commingled must be protected as
described in this exhibit.
5. Data Disposition. When the contracted work has been completed or when no longer
needed, except as noted in Section 3. Protection of Data b. Network Server Disks above,
Data shall be returned to DSHS or destroyed. Media on which Data may be stored and
associated acceptable methods of destruction are as follows:
55
Data Stored On:
Will be Destroyed By:
Server or workstation hard disks, or
Using a "wipe" utility which will overwrite
the Data at least three (3) times using
Removable media (e.g. floppies, USB
either random or single character data, or
flash drives, portable hard disks)
excluding optical discs
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or
Recycling through a contracted firm
Confidential Information
provided the contract with the recycler
assures that the confidentiality of Data
will be protected.
Paper documents containing Confidential
On-site shredding, pulping, or
Information requiring special handling
incineration
(e.g. protected health information)
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely
defacing the readable surface with a
coarse abrasive
Magnetic tape
Degaussing, incinerating or crosscut
shredding
6. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to the Department of Commerce
Contact designated in the Grant Agreement within one (1) business day of discovery.
Data shared with Subcontractors. If DSHS Data access provided under this Contract is to
be shared with a subcontractor, the Contract with the subcontractor must include all of the
data security provisions within this Contract and within any amendments, attachments, or
exhibits within this Contract.
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8.10 Appendix 1: Access to the DSHS HEN Referral List Data Security Requirements
As required under RCW 43.185.0 230 and RCW 74.62.030, the Lead/sub grantee may use the
HEN Referral List information for the sole purpose of improving access to HEN assistance for
individuals determined eligible for a referral to HEN.
Access to Data shall be limited to staff whose duties specifically require access to such Data in
the performance of their assigned duties.
Prior to making Data available to its staff, the Data Recipient shall notify all such staff of the Use
and Disclosure requirements.
All staff accessing the data must sign a DSHS Nondisclosure of Confidential Information — Non
Employee form prior to accessing the Data.
The Lead/sub grantee shall maintain a list of such staff and their signed DSHS Nondisclosure of
Confidential Information — Non Employee forms. These forms must be updated annually and
submitted to Commerce upon request.
Limitations on Use of Data: If the Data and analyses generated by the Lead/sub grantee
contain personal information about DSHS clients, then any and all reports utilizing the&e Data
shall be subject to review and approval by Commerce prior to publication in any medium or
presentation in any forum.
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have
the following definitions:
a. "AES" means the Advanced Encryption Standard, a specification of Federal
Information Processing Standards Publications for the encryption of electronic data
issued by the National Institute of Standards and Technology
(http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf).
b. "Authorized Users(s)" means an individual or individuals with a business need to
access DSHS Confidential Information, and who has or have been authorized to do
SO.
c. "Business Associate Agreement" means an agreement between DSHS and a
contractor who is receiving Data covered under the Privacy and Security Rules of the
Health Insurance Portability and Accountability Act of 1996. The agreement
establishes permitted and required uses and disclosures of protected health
information (PHI) in accordance with HIPAA requirements and provides obligations
for business associates to safeguard the information.
d. "Category 4 Data" is data that is confidential and requires special handling due to
statutes or regulations that require especially strict protection of the data and from
which especially serious consequences may arise in the event of any compromise of
such data. Data classified as Category 4 includes but is not limited to data protected
by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191
as amended by the Health Information Technology for Economic and Clinical Health
Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and
57
Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service
Publication 1075 (https://www.irs.gov/pub/irs-pdf/pl075.pdq; Substance Abuse
and Mental Health Services Administration regulations on Confidentiality of Alcohol
and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information
Services, 28 CFR Part 20.
e. "Cloud" means data storage on servers hosted by an entity other than the
Contractor and on a network outside the control of the Contractor. Physical storage
of data in the cloud typically spans multiple servers and often multiple locations.
Cloud storage can be divided between consumer grade storage for personal files and
enterprise grade for companies and governmental entities. Examples of consumer
grade storage would include iTunes, Dropbox, Box.com, and many other entities.
Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and
Rackspace.
f. "Encrypt' means to encode Confidential Information into a format that can only be
read by those possessing a "key"; a password, digital certificate or other mechanism
available only to authorized users. Encryption must use a key length of at least 256
bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is
used, the Advanced Encryption Standard (AES) must be used if available.
g. "FedRAMP" means the Federal Risk and Authorization Management Program (see
www.fedramp.gov), which is an assessment and authorization process that federal
government agencies have been directed to use to ensure security is in place when
accessing Cloud computing products and services.
h. "Hardened Password" means a string of at least eight characters containing at least
three of the following four character classes: Uppercase alphabetic, lowercase
alphabetic, numeral, and special characters such as an asterisk, ampersand, or
exclamation point.
L "Mobile Device" means a computing device, typically smaller than a notebook,
which runs a mobile operating system, such as iOS, Android, or Windows Phone.
Mobile Devices include smart phones, most tablets, and other form factors.
j. "Multi -factor Authentication" means controlling access to computers and other IT
resources by requiring two or more pieces of evidence that the user is who they
claim to be. These pieces of evidence consist of something the user knows, such as
a password or PIN; something the user has such as a key card, smart card, or
physical token; and something the user is, a biometric identifier such as a
fingerprint, facial scan, or retinal scan. "PIM' means a personal identification
number, a series of numbers which act as a password for a device. Since PINS are
typically only four to six characters, PINS are usually used in conjunction with
another factor of authentication, such as a fingerprint.
k. "Portable Device" means any computing device with a small form factor, designed to
be transported from place to place. Portable devices are primarily battery powered
devices with base computing resources in the form of a processor, memory, storage,
and network access. Examples include, but are not limited to, mobile phones,
tablets, and laptops. Mobile Device is a subset of Portable Device.
I. "Portable Media" means any machine readable media that may routinely be stored
or moved independently of computing devices. Examples include magnetic tapes,
58
optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard
drives, and internal hard drives that have been removed from a computing device.
m. "Secure Area" means an area to which only authorized representatives of the entity
possessing the Confidential Information have access, and access is controlled
through use of a key, card key, combination lock, or comparable mechanism. Secure
Areas may include buildings, rooms or locked storage containers (such as a filing
cabinet or desk drawer) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel. In otherwise Secure Areas,
such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non -authorized staff such as janitorial or facility security staff,
when authorized Contractor staff are not present to ensure that non -authorized
staff cannot access it.
n. `Trusted Network' means a network operated and maintained by the Contractor,
which includes security controls sufficient to protect DSHS Data on that network.
Controls would include a firewall between any other networks, access control lists
on networking devices such as routers and switches, and other such mechanisms
which protect the confidentiality, integrity, and availability of the Data.
o. "Unique User ID" means a string of characters that identifies a specific user and
which, in conjunction with a password, passphrase or other mechanism,
authenticates a user to an information system.
Authority. The security requirements described in this document reflect the applicable
requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the
Chief Information Officer for the state of Washington, and of the DSHS Information
Security Policy and Standards Manual. Reference material related to these
requirements can be found here: https://www.dshs.wa.gov/fsa/central-contract-
services/keeping-dshs-client-information-private-and-secure, which is a site developed
by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal
Services.
Administrative Controls. The Lead/sub grantee must have the following controls in
place:
a. A documented security policy governing the secure use of its computer network
and systems, and which defines sanctions that may be applied to Lead/sub
grantee staff for violating that policy.
Authorization, Authentication, and Access. In order to ensure that access to the Data is
limited to authorized staff, the Lead/sub grantee must:
a. Have documented policies and procedures governing access to systems with the
shared Data.
b. Restrict access through administrative, physical, and technical controls to
authorized staff.
C. Ensure that user accounts are unique and that any given user account logon ID
and password combination is known only to the one employee to whom that
account is assigned. For purposes of non -repudiation, it must always be possible
to determine which employee performed a given action on a system housing the
Data based solely on the logon ID used to perform the action.
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d. Ensure that only authorized users are capable of accessing the Data.
e. Ensure that an employee's access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment is terminated.
(3) When they no longer need access to the Data.
f. Have a process to periodically review and verify that only authorized users have
access to systems containing DSHS Confidential Information.
g. When accessing the Data from within the Lead/sub grantee's network (the Data
stays within the Lead/sub grantee's network at all times), enforce password and
logon requirements for users within the Lead/sub grantee network, including:
(1) A minimum length of 8 characters, and containing at least three of the
following character classes: uppercase letters, lowercase letters,
numerals, and special characters such as an asterisk, ampersand, or
exclamation point.
(2) That a password does not contain a user's name, logon ID, or any form of
their full name.
(3) That a password does not consist of a single dictionary word. A password
may be formed as a passphrase which consists of multiple dictionary
words.
(4) That passwords are significantly different from the previous four
passwords. Passwords that increment by simply adding a number are not
considered significantly different.
h. When accessing Confidential Information from an external location (the Data will
traverse the Internet or otherwise travel outside the Lead/sub grantee network),
mitigate risk and enforce password and logon requirements for users by
employing measures including:
(1) Ensuring mitigations applied to the system don't allow end-user
modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access.
Examples would include RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to
Trusted Network or to a component within the Trusted Network. The
traffic must be encrypted at all times while traversing any network,
including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re -authentication or
performs automated session termination after no more than 30 minutes
of inactivity.
(6) Ensuring use of Multi -factor Authentication to connect from the external
end point to the internal end point.
L Passwords or PIN codes may meet a lesser standard if used in conjunction with
another authentication mechanism, such as a biometric (fingerprint, face
recognition, iris scan) or token (software, hardware, smart card, etc.) in that
case:
(1) The PIN or password must be at least 5 letters or numbers when used in
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conjunction with at least one other authentication factor
(2) Must not be comprised of all the same letter or number (11111, 22222,
aaaaa, would not be acceptable)
(3) Must not contain a "run" of three or more consecutive numbers (12398,
98743 would not be acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a
Mobile Device, passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case,
letter, number).
(3) Not contain more than a three consecutive character run. Passcodes
consisting of 12345, or abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
Protection of Data. The Lead/sub grantee agrees to store Data on one or more of the
following media and protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as
biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network
servers and made available through shared folders, access to the Data will be
restricted to Authorized Users through the use of access control lists which will
grant access only after the Authorized User has authenticated to the network
using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which
is accessible only to authorized personnel, with access controlled through use of
a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded
Data is sufficient as long as the disks remain in a Secure Area and otherwise
meet the requirements listed in the above paragraph. Destruction of the Data,
as outlined below in Section 8 Data Disposition, may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secure Area.
C. optical discs (CDs or DVDs) in local workstation optical disc drives. Data
provided by DSHS on optical discs which will be used in local workstation optical
disc drives and which will not be transported out of a Secure Area. When not in
use for the contracted purpose, such discs must be Stored in a Secure Area.
Workstations which access DSHS Data on optical discs must be located in an area
which is accessible only to authorized personnel, with access controlled through
use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data
provided by DSHS on optical discs which will be attached to network servers and
which will not be transported out of a Secure Area. Access to Data on these
discs will be restricted to Authorized Users through the use of access control lists
which will grant access only after the Authorized User has authenticated to the
network using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records
in a Secure Area which is only accessible to authorized personnel. When not in
use, such records must be stored in a Secure Area.
f. Remote Access. Access to and use of the Data over the State Governmental
Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS
staff who will issue authentication credentials (e.g. a Unique User ID and
Hardened Password) to Authorized Users on Contractor's staff. Contractor will
notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor,
and whenever an Authorized User's duties change such that the Authorized User
no longer requires access to perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored
by the Lead/sub grantee on portable devices or media unless specifically
authorized within the terms and conditions of the Grant. If so
authorized, the Data shall be given the following protections:
(a) Encrypt the Data.
(b) Control access to devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical
token or biometrics.
(c) Manually lock devices whenever they are left unattended and set
devices to lock automatically after a period of inactivity, if this
feature is available. Maximum period of inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable
Devices and Portable Media by:
L Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are
shared,and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and
Portable Media with DSHS Confidential Information must be under the
physical control of Lead/sub grantee staff with authorization to access
the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part
of a Lead/sub grantee's existing, documented backup process for
business continuity or disaster recovery purposes. Such storage is
authorized until such time as that media would be reused during the
course of normal backup operations. If backup media is retired while
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DSHS Confidential Information still exists upon it, such media will be
destroyed at that time in accordance with the disposition requirements
below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network
drives, virtual media, etc.) as part of a Lead/sub grantee's existing,
documented backup process for business continuity or disaster recovery
purposes. If so, such media will be protected as otherwise described in
this exhibit. If this media is retired while DSHS Confidential Information
still exists upon it, the data will be destroyed at that time in accordance
with the disposition requirements below in Section 8 Data Disposition.
L Cloud storage. DSHS Confidential Information requires protections equal to or
greater than those specified elsewhere within this exhibit. Cloud storage of Data
is problematic as neither DSHS nor the Lead/sub grantee has control of the
environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution,
unless all of the following conditions are met:
(a) Lead/sub grantee has written procedures in place governing use
of the Cloud storage and Contractor attests in writing that all such
procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Lead/sub grantee
network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within
the Cloud storage solution.
(e) The Lead/sub grantee will possess a decryption key for the Data,
and the decryption key will be possessed only by the Lead/sub
grantee and/or DSHS.
(f) The Data will not be downloaded to non -authorized systems,
meaning systems that are not on either the DSHS or Lead/sub
grantee networks.
(g) The Data will not be decrypted until downloaded onto a computer
within the control of an Authorized User and within either the
DSHS or Lead/sub grantee's network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless
either:
(a) The Cloud storage provider is treated as any other Sub -
Contractor, and agrees in writing to all of the requirements within
this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health
Insurance Portability and Accountability Act (HIPAA), the Cloud provider
must sign a Business Associate Agreement prior to Data being stored in
their Cloud solution.
6. System Protection. To prevent compromise of systems which contain DSHS Data or
through which that Data passes:
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a. Systems containing DSHS Data must have all security patches or hotfixes applied
within 3 months of being made available.
b. The Lead/sub grantee will have a method of ensuring that the requisite patches
and hotfixes have been applied within the required timeframes.
C. Systems containing DSHS Data shall have an Anti-Malware application, if
available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus
engine, and any malware database the system uses, will be no more than one
update behind current.
7. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS
data. This is to ensure that when no longer needed by the Lead/sub grantee, all
DSHS Data can be identified for return or destruction. It also aids in determining
whether DSHS Data has or may have been compromised in the event of a
security breach. As such, one or more of the following methods will be used for
data segregation.
(1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)
which will contain no non-DSHS Data. And/or,
(2) DSHS Data will be stored in a logical container on electronic media, such
as a partition or folder dedicated to DSHS Data. And/or,
(3) DSHS Data will be stored in a database which will contain no non-DSHS
data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable
from non-DSHS data by the value of a specific field or fields within
database records.
(5) When stored as physical paper documents, DSHS Data will be physically
segregated from non-DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data,
then both the DSHS Data and the non-DSHS data with which it is commingled
must be protected as described in this exhibit.
8. Data Disposition. When the contracted work has been completed or when the Data is
no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS
or destroyed. Media on which Data may be stored and associated acceptable methods
of destruction are as follows:
Data stored on:
Will be destroyed by:
Server or workstation hard disks, or
Using a "wipe" utility which will overwrite
the Data at least three (3) times using either
Removable media (e.g. floppies, USB flash
random or single character data, or
drives, portable hard disks) excluding
optical discs
Degaussing sufficiently to ensure that the
Data cannot be reconstructed, or
•A
9. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to COMMERCE and DSHS Privacy
Officer at dshsprivacvofficer@dshs.wa.eov designated within one ( 1) business day of
discovery. Lead/sub grantee must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
10. Data shared with Subcontractors. If DSHS Data provided under this Grant is to be
shared with a subcontractor, the Grant with the subcontractor must include all of the
data security provisions within this Grant and within any amendments, attachments, or
exhibits within this Grant. If the Lead grantee cannot protect the Data as articulated
within this Grant, then the contract with the sub grantee must be submitted to
COMMERCE for review and approval.
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Physically destroying the disk
Paper documents with sensitive or
Confidential Information
Recycling through a contracted firm,
provided the contract with the recycler
assures that the confidentiality of Data will
be protected.
Paper documents containing Confidential
Information requiring special handling (e.g.
protected health information)
On-site shredding, pulping, or incineration
Optical discs (e.g. CDs or DVDs)
Incineration, shredding, or completely
defacing the readable surface with a coarse
abrasive
Magnetic tape
Degaussing, incinerating or crosscut
shredding
9. Notification of Compromise or Potential Compromise. The compromise or potential
compromise of DSHS shared Data must be reported to COMMERCE and DSHS Privacy
Officer at dshsprivacvofficer@dshs.wa.eov designated within one ( 1) business day of
discovery. Lead/sub grantee must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
10. Data shared with Subcontractors. If DSHS Data provided under this Grant is to be
shared with a subcontractor, the Grant with the subcontractor must include all of the
data security provisions within this Grant and within any amendments, attachments, or
exhibits within this Grant. If the Lead grantee cannot protect the Data as articulated
within this Grant, then the contract with the sub grantee must be submitted to
COMMERCE for review and approval.
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