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HomeMy WebLinkAbout2014-442 Finance - Community Empowerment Fund - Outside Agency Performance Agreement $5,000 0,r) 2014-15 OUTSIDE AGENCY PERFORMANCE AGREEMENT THIS AGREEMENT,made and entered into the first day of July 2014,("Effective Date")by and between the County of Orange, a political subdivision of the State of North Carolina, 200 South Cameron Street, Hillsborough, North Carolina, 27278, ("County") and Community Empowerment Fund, a not-for-profit corporation, located at 133 1/2 E. Franklin Street, Suite 105,Chapel Hill,NC 27514("Provider"). WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need,as identified by the Board of Commissioners; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth,the County and Community Empowerment Fund agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1, 2014 to June 30,2015. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Outside Agency Funding Application Scope of Services and any amendments or revision thereto which is attached as Exhibit"A" and incorporated by reference, to the residents of Orange County. The Scope of Services may be different from the original application based on County appropriation; however, any revisions or amendments to this Agreement must be approved in writing by the County and attached to this Agreement. b. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. The County agrees to appropriate for the provision of services described in Exhibit A, Scope of Services and more particularly described in the Program Budget, the maximum sum of$5,000. b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any changes in the use of funds must be authorized in writing by the County prior to any expenditure of the funds by the Provider. If the funds are expended not in accordance with the Scope of Services,at the discretion of the County the Provider may be required to repay the funds to the County. c. The Provider shall be paid in.four equal installments in the amount of$1,250. The first payment is contingent upon receipt of the agency's performance agreement; the remaining payments are contingent upon receipt of the request for reimbursement and related supporting documentation. G) AUG 2=2 2014 (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page I of 7 1 - I d. The County's obligation to make the three quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Scope of Services. e. Once Provider has satisfied its obligations as provided in (d) payment will be made 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. f. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report that includes a fiscal report and updates on 2014-15 performance measures as outlined in the Scope of Services. Progress Report dates are: July 1 — December 31; January 1 — March 31 and April 1 - June 30. Reports are due on January 9,April 15,and July 10 of the program fiscal year. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services,upon reasonable notice during normal working hours. 5. Termination. a. In the event of any of the circumstances set forth below (hereinafter referred to as "default"), the County may immediately terminate this Agreement, in whole or in part, and from time to time.Notice of termination must be in writing, state the reason or reasons for the termination,and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance,or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement,as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations,or stated public policy. b. In the event of default by the Provider,the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within ten(10)business days from written notice of default. The County may (but shall not be required to) grant the (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 2 of 7 Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County's remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. 6. Insurance. a. General Requirements. The Provider shall purchase and maintain,during the period of performance of this Agreement, insurance: i. Worker's Compensation. For protection from claims under workers'or workmen's compensation acts; ii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; iii. Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any,covering personal injury or death,and property damage; and b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A- Statutory State NC &Coverage B -Employers Liability $100,000 each accident, $500,000 disease policy limit and$100,000 disease each employee • Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate • Automobile Liability $500,000 Combined Single Limit (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 3 of 7 c. All insurance policies(with the exception of Worker's Compensation and Professional Liability)required under this Agreement shall name the County as an additional insured party and as a certificate holder. Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough,NC 27278 d. Nothing in this section is intended to affect or abrogate the County's sovereign immunity defenses. 7. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. 8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this agreement. 9. Subcontract. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. 10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. 11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense(including reasonable attorney's fees)arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Provider to indemnify the County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate the County's sovereign immunity defenses. 12. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. 13. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange County the parties hereto for themselves,their agents,officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender,national origin, age, handicap, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 4 of 7 14. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies if funds to pursue the same goal. The County's living wage is $12.76 per hour. To the extent possible, Orange County recommends that Community Empowerment Fund provide a living wage to its employees. 15. Notke. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to the County and the Provider. All notices required and/or made pursuant to this Agreement to be given to the County and the Provides shall be in writing and mailed to the party addressed as follows: County: Finance&Administrative Services Provider: Community Empowerment Fund Orange County 133 1/2 E. Franklin Street, Suite Post Office Box 8181 105 Hillsborough,NC 27278 Chapel Hill,NC 27514 16. Entire Agreement. This Agreement, including any referenced attachments,constitutes the entire Agreement between the parties and shall supersede, replace or nullify any and all prior Agreements of understandings; written or oral, relating to the matters set forth herein, and any such prior Agreements or understandings shall have no force or affect whatsoever on this Agreement. The County and Provider have read this Agreement and agree to be bound by all of its terms, and further agree that this Agreement constitutes the complete and exclusive statement of the Agreement between the County and Provider. 17. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part,term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term or provision held to be invalid. 18. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Orange County, North Carolina. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement,which may be brought by either of the parties. [SIGNATURES ON FOLLOWING PAGE] (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 5 of 7 IN WITNESS WHEREOF,the Orange County and the Provider have signed this Agreement,effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Provider SignatureV I Dat 14 — Printed ame For and on behalf of Orange County Government Bonnie Hammersley, County M ager Date Appro a as t o and legal sufficiency Offi4 of the Co my Atiorney Dke Approved as to technical content This instrument has been pre-audited in the manner required by the Local Government Budget and Fisc ntrol Act Clarence Grier,Assistant County Manager/ Date Chief Financial Officer (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 6 of 7 ATTACHMENT"A" Orange County Certifications—FY 2014-15 Outside Agency Performance Agreement Chief Contact,Administrators,Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact,administrators,chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name,title,residential address;phone and email address and if possible,fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing,with the name, physical address,mailing address and if possible,phone,fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County,and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not,please explain on a separate sheet of paper. Alignment with Organization's Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: P, A V Title: Ag 4)ate: O�6 f 26 ZZ (Prow is Signature) (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 7 of 7 ATTACHMENT "A" Orange County Certifications—FY 2014-15 Outside Agency Performance Agreement Chief Contact,Administrators,Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact,administrators,chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name,title,residential address;phone and email address and if possible, fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing,with the name, physical address,mailing address and if possible,phone, fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County,and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not,please explain on a separate sheet of paper. Alignment with Organization's Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: J�� Title: 44,Vk Date: (Provide s'Signature) (Community Empowerment Fund) Orange County Outside Agency Performance Agreement Page 7 of 7 EXHIBIT"A" Scope of Services—FY 2014- 15 Outside Agency Performance Agreement Agency Name: Community Empowerment Fund Program Name: Advocate Program Funding Award: $5,000 Outline how the agency will spend Orange County's funding award. Expense Description Amount Salary and FICA costs for Program Coordinator $4,500 Program Supplies $100 Food and Drinks for Trainin s and Events $400 Program Services For assistance with this or the following section, please reference the Exhibit A instructions and example, located within the contract and reporting memorandum. Outline the major activities the agency will employ to attain the Anticipated Outcomes below,by June 30,2015. • Employment Counseling: One-on-one support from volunteer advocates to assist members in building resumes,preparing for interviews,completing applications,and securing employment • Financial Coaching: Personalized coaching for members experiencing financial hardship to address banking,budgeting,and credit issues • Volunteer Coordination: To provide these and other services, CEF recruits, trains, coordinates, and mentors a base of volunteers to provide the comprehensive,person-centered advocate support to CEF mmbers Anticipated Outcomes The Anticipated Results column must include quantifiable results in the form of number of persons/units served within OranSe County, only (all Towns and municipalities). If you use percentages, you must also provide the total number of participants within that measure's description or for an earlier performance measure. Performance Measures Anticipated Results At least 120 members will gain greater employment 120 At least 75 members will make progress towards personalized savings goals 75 At least 40 households will transition into independent housing 40 CEF will continue to grow our volunteer base and 190 volunteer advocates will provide active 190 support to CEF members Certified by: 1-� L`J Title: ?rJ Q7n„yks✓c�.{�� Date: — .— (Provi „,r's Signature) Y,C H DA lE(NI%I,DD,'%N YN) 8/52914 CERTIFICATE OF LIABILITY INSURANCE R022 / THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I NAME I PHONE. '866) -7) 538-529 BB&T INSURANCE SERVICES INC/PHS "'C' EXI), 4 6�-87 3'� 'A',xC N.) 8 7 1 1 E-MAIL '272545 P: (866) 467-8730 F: (8717 '/ �, 538-5295t ADDRESS PO BOX 2961-1 t INSURER(S)AFFORDING COVERAGE NAIC# CHARLOTTE NC 28229 INSURER A Sentinel Ins Co LTD INSURED INSURER 6 INSURER C: COMMUNITY EMPOWERMENT FUND INSURER D 133 1/2 E FRANKLIN ST STE 104 INSURER E: CHAPEL HILL NC 27514 INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 411111- 81111?1 1 EVF pw/()�vvj, I I T)Pf'UF bVVUR4 NCE POLIC),Al IIIIER LIR NSR K I'D yorymly)I Y) f1vr1111I)I)1yyyl) EACH OCCURRENCE s2, 000, 000 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE r-171 OCCUR 4 DAMAGE TO RENTED PREMISES(Ea occurrence) -1, 000, 000 /IbI4 0 1 2 6 2 0 11) X General Liab 22 SRI Bt�S,653 '1-1126 MED EXP(Any one person) "10, 000 li PERSONAL&ADV INJURY 82, 0 0 0, 000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 000, 000 J POLICY PRO- LOC I PRODUCTS-COMP/OP AGG ;4, 000, 000 E7JECT JOTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s2, 000, 000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AL OWNED SCHEDULED 2� SBM BN9653 BODILY INJURY(Per accident) $ A AUTOS AUTOS /2�,,/2014 01/26/2015 NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS I (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DODI IRETFNT CN S PER CTH- MORKERS COAHIFNA4TION PT.,I T1 AAD FHP1.0YERS " 'LIULII)' ANY PROPRIETOR/PAR-TNER/EXECUTIVE YIN E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED ❑ NIA (Mandatory in NH) E L.DISEASE-EA EMPLOYEE If yes,describe under EL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured' s O-oerations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE Orange County DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 81.81 AUTHORIZED REPRESENTATIVE 200 S CAMERON ST HILLSBOROUGH, NC 27278 (D 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD , — T`? BB&T INSURANCE SERVICES INC/PHS s PO BOX 29611 CHARLOTTE NC 28229 Orange County PO Box 8181 200 S CAMERON ST HILLSBOROUGH NC 27278 ACORb 25(2014/01) ft, h COMMEMP OP ID:DC CERTIFICATE OF LIABILITY' INSURANCE D0811912011 YY) as11 s12a14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER Phone:919-682AS14 NAME: Debbie Callahan The Sorgl Insurance Agency Fax:919-68211906 acONo Eac:919-682.4814 c No: 919-682-4906 16 Consultant Place Suite 102 Durham, NC 27707 E-MAIL James E.Sorgi,CIC ADDRESS,dabble sor iinsuranCe.com INSURER(S).AFFORDING COVERAGE NAIC# INSURERA:Erie Insurance Exchange 26271 INSURED Community Empowerment Fund INSURERS: 133 112 E Franklin St,Ste 1055 INSURERC: Chapel Hill, NC 27514 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MMID MMlDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED HCOMMERCIAL GENERAL,LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 1-1 OCCUR MED EX.P(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED Per PROPERde;4 $ J $ HIRED AUTOS AUTOS UMBRELLA LIAB, OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-- AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X WC STATtJ- ER AND EMPLOYERS'LIABILITY TORY LIMITS ER YIN A ANY PROPRIETORIPARTNERIEXECUTIVE BINDER CEF0811 08111/2014 08/11/2015 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ S�d,DO Q2 12 DESCRIPTION 0 A N"ttL eh ACORD 101,Additional Remarks Schedule,it more space is required) AUG L u 2014 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oran g ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 200 Cameron St AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 Ce?1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 032-0627-0 CUNA MUTUAL GROUP 293489-000 CUMIS Insurance Society,Inc, Home Offloe: Administrative Offioe: DECLARATIONS 2000 Heritage Way 5910 Mineral Point Rd W&�.,Iy,IA 50577 Madi—,W1 53706 MANAGEMENT& PROFESSIONAL LIABILITY POLICY THIS IS A CLAIMS MADE POLICY. DEFENSE COSTS ARE INCLUDED WITHIN THE ANNUAL AGGREGATE LIMIT OF LIABILITY. ANY DEDUCTIBLES SHALL APPLY TO DEFENSE COSTS. READ THIS POLICY CAREFULLY. The effective date of these Declarations begins at 12:01 a.m. on 09/29/2013 for the Coverage, Annual Aggregate Limit(s) Of Liability and Deductible(s) shown below. These Declarations supersede any previous Declarations. Reason for new Declarations: New Issue ITEM 1. INSURED ORGANIZATION PoEcv No: 293489-000 Self-Help Credit Union PO Box 3619 Durham NC 27702 3619 ITEM 2. POLICY PERIOD begins 09/29/2013 at 12:01 a.m. and expires 09/29/2014 at 12:01 a.m. ITEM 3. COVERAGE If "no coverage" is shown opposite A} (B) (C) any coverage below, that coverage is Coverage Coverage Is Part Of Per not provided and is deleted from this Annual Aggregate Polic Annual Aggregate Claim 99 1 y 99 Policy. Limit Of Liability Limit Of Liability Deductible Management Liability $5,000,000 Individual Included No $0 Reimbursement Included No $50,000 Entity No Coverage N/A N/A Employment Practices Liability No Coverage N/A N/A Fiduciary Liability No Coverage N/A N/A ITEM 4. POLICY ANNUAL AGGREGATE LIMIT OF LIABILITY N/A TAH 09/27/2013 MPL 0001 03 11 CUMIS Insurance Society,Inc. Page 1 of iii DECLARATIONS MANAGEMENT& PROFESSIONAL LIABILITY POLICY ITEM 5. EXTENDED REPORTING PERIOD Additional Annual Premium: 100% Additional Period: 12 Months ITEM 6. ADDITIONAL INSUREDS (A) (B) (C) Insureds Subject to Annual Are Included Annual Aggregate Aggregate In Sub-Limit Of Sub-Limit Of This Policy Liability Liability Management Liability Employees And Leased Employees Yes No N/A Employment Practices Liability Employees And Leased Employees N/A N/A N/A Independent Contractors N/A N/A N/A Fiduciary Liability Employees And Leased Employees N/A N/A N/A ITEM 7. PRIOR AND PENDING LITIGATION Date Management Liability Individual 09/29/2013 Reimbursement 09/29/2013 Entity N/A Director And Officer Umbrella N/A Employment Practices Liability N/A Fiduciary Liability N/A TAN 09/27/2013 MPL 0001 03 11 CUMIS Insurance Society,Inc. Page ii of iii DECLARATIONS MANAGEMENT&PROFESSIONAL LIABILITY POLICY ITEM 8. ENHANCED COVERAGES (A) (B) (C) Enhanced Coverage Part of Coverage Per Annual Aggregate Annual Aggregate Claim Limit Of Liability: Limit Of Liability Deductible Management Liability Investigative Costs No Coverage N/A N/A Outside Director Liability $5,000,000 Yes $0 Director And Officer Umbrella No Coverage N/A N/A Director And Officer ID Theft— No Coverage N/A N/A $7,500 Limit Per Director or Officer Employment Practices Liability Fair Labor Standards Act No Coverage N/A N/A Terrorism Risk Insurance Act Coverage Waived Total Annual Premium $10,066.00 The folioNving forms along with these Declarations complete this Management & Professional Liability Policy. Countersignature (Where Required) TAH 09/27/2013 MPL 0001 03 11 CUMIS Insurance Society,Inc. Page iii of iii FIDELITY BOND DEFINITIONS Electronic Funds Transfer System "Electronic funds transfer system" means an automated clearinghouse or other electronic communications system, including but not limited to Fedwire, Clearing House Interbank Payment System (CHIPS) and Society for Worldwide International Financial Telecommunication (SWIFT). Electronic Signature "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. E-Mail "E-mail" means a message transmitted from one person to another person by use of the Internet or any network of two or more computers,including but not limited to: a. Computer instant messaging; b. Online chat systerns; c. Online forms that are completed and forwarded to an "employee" for processing; or d. Mobile device teat messaging. Employee 1. "Employee" means persons who were, are, or may be in the future, acting under your immediate direction and control in the conduct of your business and while in the course or scope of performance of their assigned duties; and a. Are paid a regular wage or salary by you or by an employment service that provides such persons to you; b. Serve on your committees appointed or elected by your Board Of Directors or by your voters in accordance with your bylaws or by written resolution of your Board Of Directors; c. Serve as "volunteers," except for "directors" acting as "directors"; d. Serve as a guest student while pursing studies or duties on your "premises"; or e. Serve as "directors" but are acting in the capacity-of an "employee," as defined here. 2. "Employee" also means: a. Persons legally appointed to act on your behalf as your trustee, receiver or liquidator; or individuals employed by a conservatorship for you established by any federal or state governmental regulator of financial institutions; or Bond 500 03 11 Copyright CUMIS Insurance Society,Inc.,2009,2010,2011 Page 20 of 64 FIDELITY BOND DEFINITIONS Employee - continued b. Employees of an institution merged with you prior to the effective date of this Bond. 3. For Employee Or Director Dishonesty Coverage only, "employee" also means: a. Persons retained by you to act on your behalf to collect the unpaid balance of your delinquent "loan" account; or b. Any "director" or person who meets the definition of "employee" in paragraph 1. above who handles funds or other property of any "employee benefit plan" owned, controlled or operated by you, while such "director" or person handles funds or other property of any such "employee benefit plan," or any other person who is a trustee, manager, officer or employee of any such "employee benefit plan." c. Persons you authorize, or persons employed by a partnership or corporation you authorize, to perform services as a data processor of your checks, drafts, share drafts, automated clearinghouse items, "accountholder" bill payments or accounting records and only while performing those services. All persons employed by any partnership or corporation you authorize to perform such services, including its partners, officers and employees, will collectively be considered one "employee" for all purposes of this Bond, except for the Termination Or Limitation Of Coverage For Employee Or Director Condition. However, the following processors, and the persons employed by them, will not be considered "employees" under this Bond: 1) Developers or modifiers of computer software programs; 2) A Federal Reserve Bank or a clearinghouse; or 3) A credit card or debit card processor. d. Retained accountants and their staff only while performing accounting services for you; e. Retained attorneys and their staff only while performing legal services for you; or f. "Servicing contractors." All persons employed by any "servicing contractor," including its partners, officers and employees,will collectively be considered one "employee" for all purposes of this Bond, except for the Termination Or Limitation Of Coverage For Employee Or Director Condition. 4. Unless specifically listed in paragraphs 1., 2. or 3. above, "employee" does not mean: a. Independent contractors; b. Agents,meaning persons authorized by you to act for you; c. Brokers; Bond 500 03 11 Copyright CUMIS Insurance Society, 009 2010 2011 Page 21 of 64 Y�Inc.,� � 9 FIDELITY BOND DEFINITIONS Employee - continued d. Persons employed by the Federal Reserve system; e. Consultants; f. "Third-party vendors"; or g. Persons acting on behalf of a "service center," including those who might otherwise be your "employee." Employee Benefit Plan "Employee benefit plan" means: a. A group accident or health insurance plan,including a dental or vision plan; b. A group life insurance plan; c. A pension plan; or d. Any other plan qualified under Section (3) of the Employee Retirement Income Act of 1974 (ERISA) as amended and any regulations promulgated thereunder. Environment "Environment" means: a. Any person, b. Any man-made object or feature; c. Any animals, crops or vegetation; or d. Any land, bodies of water, underground water or water table supplies, air and any other feature of the earth or its atmosphere, whether or not altered, developed or cultivated and whether or not owned, controlled or occupied by you. Extortion-Kidnap Expenses "Extortion-kidnap expenses" means the following reasonable fees and expenses incurred and paid by you with our prior written consent for the purpose of mitigating the consequences to you of an "extortion, kidnap or ransom": a. An independent security consultant; b. An independent public relation consultant; Bond 500 03 11 Copyright CUMIS Insurance Society,Inc.,2009,2010,2011 Page 22 of 64 FIDELITY BOND DEFINITIONS Voice Computer System - continued d. Voice over Internet Protocol (VoIP), or provides a similar capability used for the direction or routing of telephone calls in a voice communications network. Volunteers "Volunteers" mean persons: a. Serving on your committees that are appointed by your Board Of Directors or elected by your voters;or b. Performing services without compensation solely in the conduct of your business and with the approval of your Board Of Directors. Website "Website" means a group of related electronic documents, ii-rages and other information having a unique address on the World Wide Web and published under the auspices of a single domain name, which can include text, graphics, sound and automatic links or connections to other such websitcs or web pages. Withdrawal Order "Withdrawal order" means a written, non-negotiable instrument, signed by a person authorizu-19 the debit of an account maintained by you in the amount stated on the"withdrawal order." Bond 500 03 11 Copyright CUMIS Insurance Society,Inc.,2009,2010,2011 Page 33 of 64