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2021-184-E Housing-NC Coalition to End Homelessness database management
DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD [Departmental Use Only] TITLE NCCEH - HMIS FY 20-21 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 25th day of March, 2020, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and NC Coalition to End Homelessness, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): database managment ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 07/20 1 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Revised 07/20 2 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See Scope of Work 4. Duration of Services a. Term. The term of this Agreement shall be from July 1, 2020 to June 30, 2021. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2020. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed twenty-five thousand Dollars ($25,000.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty(30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Corey Root) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. Revised 07/20 3 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountVnc.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or 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 provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven(7) days'prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its Revised 07/20 4 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assigranent. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at Revised 07/20 5 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD http://www.oran_eg countync._og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. Revised 07/20 6 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD i. Si_ng atures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Corey Root NC Coalition to End Homelessness P.O. Box 8181 PO Box 27611 Hillsborough,NC 27278 Raleigh,NC 27611 [SIGNATURE PAGE TO FOLLOW] Revised 07/20 7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: DocuSigned by: By: By: F RIGFQQF4GF Bonnie Hammersley, County Manager Denise Neunaber, Executive Director Printed Name and Title Revised 07/20 8 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: NC Coalition to End Homelessness Party/Vendor Contact Person: Matthew McDowell Contact Phone: 919.755.4393 x5008 Party/Vendor Address: PO Box 27692 City Raleigh State: NC Zip: 27611 Department: Housing & Community Development Amount: $25,000.00 Purpose: Database Management Budget Code(s): 32470620-630000- Vendor# (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No ❑ Contract Type: (Check one)New® Renewal ❑ Amendment ❑ Effective Date 7/1/20 Approved by Board Yes❑No❑ Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: DocuSigned"b"yam 1nA9AQ71,r.FA9P4n7 3/29/2021 Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency noummdtotandards,specifications,and requirements: rbVlnt,{fb 3/30/2021 Office of the Risk Management OfficerLax 7FDCP9176800498 Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer ErD, B,, ,4 Date: 3/30/2021 Legal Services This agreement is approved as to leg oft"RIUMFficiency: aKku, ILL it, �SCD 3/31/2021 Office of the County Attorney 079A4o525coWR Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 9 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD Revised 07/20 10 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD HMIS@NCCEH Background &Scope of Work Background The HMIS is a collaborative project of three North Carolina Continuums of Care (CoCs)—City of Durham/Durham County, North Carolina Balance of State, and Chapel Hill/Orange County—the HMIS Lead Agency, and participating Partner Agencies. An HMIS is an internet-based, local information technology system used to collect client-level data about the number, characteristics, and needs of persons experiencing homelessness and those at-risk of homelessness as well as data on the provision of housing and services to these populations. Use of HMIS is mandated by the U.S. Department of Housing and Urban Development (HUD)for all communities and agencies receiving HUD Continuum of Care and Emergency Solutions Grant funds; by the U.S. Department of Veterans Affairs for agencies receiving Supportive Services for Veteran Families and Grant Per Diem funds; and by the U.S. Department of Health and Human Services for agencies receiving Projects for Assistance in Transition from Homelessness and Runaway and Homeless Youth funds. Continuums of Care are community-wide initiatives that work to provide a range of housing and services for people experiencing homelessness.The Continuum of Care system includes homelessness prevention assistance, street outreach, emergency shelter,transitional housing, rapid re-housing, permanent supportive housing, supportive services only, and specialized programs that outreach designated homeless subpopulations, and integration with "mainstream" programs. HMIS enables homeless service providers to collect uniform client information over time. HMIS is essential to efforts to streamline client services and to inform public policy decisions aimed at addressing and ending homelessness at local, state, and federal levels.Through HMIS, people experiencing homelessness benefit from improved coordination in and between agencies, informed advocacy efforts, and policies that result in targeted services. Analysis of information gathered through HMIS is critical to the preparation of a periodic accounting of homelessness, which may include measuring the extent and nature of homelessness, the utilization of services and homeless programs over time, and the effectiveness of homeless programs. Such an unduplicated accounting of homelessness is necessary for service and systems planning, effective resource allocation, and advocacy. Scope of Work/Specific Responsibilities of the Parties 1. Continuums of Care The Durham Continuum of Care provides oversight, project direction, policy setting, and guidance for the HMIS project along with partner CoCs. It is the responsibility of the Durham CoC to: a) Designate the HMIS Lead Agency and the software to be used for HMIS and approve any changes to the HMIS Lead Agency or software. b) Approve the HMIS Governance Charter, or any amendments to it. DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD c) Designate two CoC representatives to the HMIS Advisory Board,which oversees and governs the regional HMIS implementation (see HMIS Advisory Board responsibilities below). d) Request revisions to any HMIS operational agreement, policy, or procedure. Requests will be sent to the HMIS Advisory Board through the Durham CoC's representatives. e) Conduct outreach to homeless assistance agencies not using HMIS and encourage these agencies and other mainstream programs serving homeless people to participate in HMIS. f) Work to inform elected officials, government agencies,the nonprofit community, and the public about the role and importance of HMIS and HMIS data. g) Promote the effective use of HMIS data, including its use to measure the extent and nature of homelessness,the utilization of services and homeless programs over time, and the effectiveness of homeless programs. h) Provide all local information as necessary for compilation of the Continuum of Care Housing Inventory Count and Point-in-Time Count and support the HMIS Lead Agency in preparing the Annual Homeless Assessment Report (AHAR), Longitudinal System Analysis (LSA), and System Performance Measures (SPMs) reporting. 2. HMIS Advisory Board The HMIS operates under a model of shared governance of the participating Continuums of Care.The CoCs exercise the following responsibilities for HMIS governance through the HMIS Advisory Board: a) Implement and continuously improve the HMIS. b) Ensure the HMIS scope aligns with the requirements of agencies, HUD and other federal partners, and other stakeholder groups. c) Address any issue that has major implications for the HMIS, such as HMIS Data Standards revisions released by HUD or HMIS vendor performance problems. d) Review, revise, and approve all HMIS operational policies developed by the HMIS Lead Agency and submit all approved operational documents to each CoC Board of Directors (or equivalent CoC governing body). e) Ensure agency and user compliance with the federal HMIS Standards and all HMIS operational agreements, policies, and procedures. f) Provide guidance and oversight of HMIS-related user and agency compliance monitoring undertaken by the HMIS Lead Agency. g) Approve HMIS Lead Agency recommendations to terminate a user license or restrict the HMIS participation of a Partner Agency. h) Evaluate the HMIS Lead Agency and software performance. DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD i) Maintain and adhere to Governance Policies and Procedures to ensure the HMIS Advisory Board is governing in compliance with the HMIS Advisory Board Governance Charter and uses a clearly defined and transparent process. 3. HMIS Lead Agency The North Carolina Coalition to End Homelessness has been designated as the HMIS Lead Agency for the shared HMIS project as of July 1, 2018.The HMIS Lead Agency is responsible for managing and administering all HMIS operations and activities.The HMIS Lead Agency exercises these responsibilities at the direction of the HMIS Advisory Board.These responsibilities are contingent on receipt of the appropriate funding from participating CoCs and Partner Agencies.The responsibilities of the HMIS Lead Agency include: a) General 1. Obtain and maintain the contract with the selected software vendor. 2. Determine the parameters of the HMIS as it relates to continuity of service, ability to limit access to the data, hosting responsibilities, general security and maintenance issues, data storage, back-up and recovery, customization, compliance with HUD Data Standards, reporting needs,training, and technical support. 3. Provide overall staffing for the operation of the HMIS, including the HMIS Advisory Board and its subcommittees and workgroups. 4. Develop and maintain all HMIS operational agreements, policies, and procedures, including a written privacy notice. 5. Obtain signed Partner Agency Agreements and User Agreements. 6. Invoice Partner Agencies and jurisdictions for HMIS fees approved by the HMIS Advisory Board. 7. Monitor Partner Agencies and users to ensure compliance with HMIS operational agreements, policies, and procedures on behalf of, and at the direction of, the HMIS Advisory Board. 8. Attend meetings of the participating CoCs' Boards of Directors (or equivalent decision- making bodies) 9. Attend the HMIS or Data Committee meetings of participating CoCs. 10. Provide and maintain the HMIS website. 11. Comply with federal HMIS Data Standards (including anticipated changes to the HMIS Data Standards) and all other applicable laws. 12. Apply as the project applicant for all HUD CoC Program HMIS Projects for the participating CoCs. DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD 13. Serve as the liaison to HUD regarding HUD HMIS grants. b) Administer the software, including: 1. Ensure the software vendor complies with the responsibilities designated below in Section 4. 2. Report any concerns with the software vendor to the HMIS Advisory Board. 3. Inform CoCs and agencies how each software release will change or impact current workflow and operations. 4. Protect confidential data (in compliance with federal HMIS Standards, local privacy policies, and other applicable laws) and abide by any restrictions clients have placed on their own data. 5. Ensure software implementation is in accordance with all HUD regulations and policies. c) Support HMIS end users, including: 1. Provide and manage end user licenses, including authorizing usage and the level of access to HMIS for all users. 2. Add and remove Partner Agency administrators. 3. Provide all training and user guidance needed to ensure appropriate system usage, data entry, data reporting, and data security and confidentiality. 4. Provide required training for agency administrators and end users. 5. Establish the training requirements for users and agency administrators. 6. Maintain documentation of user training completion. 7. Outreach to Partner Agencies to provide end user support. 8. Develop and maintain a how-to manual that provides data entry guidance for users. 9. Maintain an email help desk for user support. 10. Communicate at least monthly with users through an e-newsletter. d) Ensure data quality, including: 1. Ensure all client and homeless program data are collected with adherence to the HUD HMIS Data Standards,the HMIS Policies and Procedures, and local additional requirements. DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD 2. Customize the HMIS application to meet local data requirements (within reason and within constraints of budget and other duties). i. Requests for workflows that go beyond local data requirements and/or require substantial customization are outside this scope of services, but may be accommodated under an addendum to this agreement. 3. Develop and implement a data quality plan. 4. Monitor data quality and generate data quality reports under the data quality plan. 5. Assist Partner Agencies and users to rectify data quality concerns in conjunction with CoC leadership. 6. Carry out aggregate data extraction and reporting under the guidance of the HMIS Advisory Board. 7. Assist Partner Agencies with agency-specific data collection and reporting needs, such as the Annual Progress Report, CAPER, and other program reports (within reason and within constraints of budget and other duties). 8. Develop HMIS data entry workflow and requirements for HMIS data and reporting to meet Partner Agency reporting requirements. e) Reporting, including: 1. Complete or provide assistance with the completion of the Annual Homeless Assessment Report (AHAR), Longitudinal System Analysis (LSA), HUD CoC Program Application, Consolidated Annual Performance Evaluation Report (CAPER), Point-in- Time Count and Housing Inventory Chart, Partner Agency Annual Performance Reports, and other reports to funders from agencies federally mandated to use HMIS. i. Requests for reports that go beyond local data requirements and/or require substantial customization are outside this scope of services, but may be accommodated under an addendum to this agreement. 2. Ensure the HMIS Policies and Procedures and recommend data entry workflow align with collecting the data necessary to complete the reports. 3. Construct, run, and publish all necessary system-wide reports to meet federal, state, and local reporting compliance. 4. Provide aggregate reports to groups or stakeholders requesting HMIS information within the constraints detailed in the HMIS Policies and Procedures Manual. f) Confidentiality and Security DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD 1. Develop and implement security and confidentiality plans required by the HUD HMIS Standards. 2. Assist Partner Agencies to rectify agency data security and privacy concerns. g) Satisfactory Assurances It is understood that the HMIS will contain client information that may be subject to the privacy and security protections and requirements of federal HMIS Standards, HIPAA Privacy Rule, other law, and local HMIS privacy and security policies and procedures.The HMIS Lead Agency hereby agrees that it will use protected client information only for purposes permitted by agreement with Partner Agencies and as permitted by the applicable laws and standards. Further,the HMIS Lead Agency agrees it will make use of all safeguards required by HUD Privacy Standards, HIPAA Privacy Rule (where appropriate), other law, and local HMIS privacy and security policies and procedures to prevent any unauthorized disclosure of protected client information. 4. Software Vendor The selected software vendor and HMIS database must meet all HUD regulations and policies, and the following requirements: a) Ensure the HMIS design meets the federal HMIS Data Standards. b) Develop a codebook and provide other documentation of programs created. c) Provide ongoing support to the HMIS Lead pertaining to the needs of end users to mine the database, generate reports, and other interface needs. d) Administer the product servers, including web and database servers. e) Monitor access to HMIS through auditing. f) Monitor functionality, speed, and database backup procedures. g) Provide backup and recovery of internal and external networks. h) Maintain the system 24 hours a day, seven days a week. i) Communicate any planned or unplanned interruption of service to the HMIS Lead Agency. j) Take all steps needed to secure the system against breaches of security and system crashes. DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 01/05/2021 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 INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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). PRODUCER CONTACT DAVID BRASWELL NAME: INSURE /CONN0 Ext: (919)781-1115 A/XC,No: (919)783-6427 2607 GLENWOOD AVENUE(27608) E-MAIL DBRASWELL@INSURE-NC.COM ADDRESS: PO BOX 31508 INSURER(S)AFFORDING COVERAGE NAIC# RALEIGH NC 27622 INSURERA: AUTO-OWNERS INSURANCE COMPANY 18988 INSURED INSURER B: TRAVELERS INDEMNITY COMPANY OF AMERICA 25666 INSURER C: NORTH CAROLINA COALITION TO END HOMELESSNESS INC INSURER D: PO BOX 27692 INSURER E: RALEIGH NC 27611-7692 INSURER F: COVERAGES CERTIFICATE NUMBER: LIABILITY CERT 2021-22 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. INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREM SES Ea oNcE ante $ 300,000 MED EXP(Any one person) $ 10,000 A Y Y 35658183 01/12/2021 01/12/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS $POLICY ❑ PRO 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB HCLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION xi STATUTE ERH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBEREXCLUDED? NIA Y UB-OK464798-21-42 01/30/2021 01/30/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) IF REQUIRED IN A WRITTEN CONTRACT,LANDLORD(MARBLE EMPIRE PROPERTIES LLC)AND MANAGER(EMPIRE HISTORIC DEVELOPMENTS INC)ARE ADDITIONAL INSUREDS FOR GENERAL LIABILITY AS PER FORM 55091 05/17ATTACHED. SUBROGATION IS WAIVED IN FAVOR OF LANDLORD AS PER FORM 55091 05/17 AND FORM WC 00 03 13(00)ATTACHED. RE:BUILDING LEASE AT 310 N HARRINGTON STREET,RALEIGH,NC 27603 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN MARBLE EMPIRE PROPERTIES LLC AND EMPIRE HISTORIC ACCORDANCE WITH THE POLICY PROVISIONS. DEVELOPMENTS INC 133 FAYETTEVILLE ST 6TH FL AUTHORIZED REPRESENTATIVE RALEIGH NC 27601 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD Policy Number 064615-35658183 b) Basements, whether paved or to any"occurrence" which takes place after the not; or equipment lease expires. c) Doors, windows or other c. The following provision is added to SECTION openings. III - LIMITS OF INSURANCE. (d) "Property damage"for which the insured The Limits of Insurance for the additional fin- is obligated to pay as damages by sured are those specified in the written contract reason of the assumption of liability in a or agreement between the insured and the les- contract or agreement. This exclusion sor, not to exceed the limits provided in this pol- does not apply to liability for damages icy. These limits are inclusive of and not in addi- that the insured would have in the tion to the Limits of Insurance shown in the absence of this contract or agreement. Declarations. b. Limits of Insurance With respect to this coverage only, under SEC- 9. BLANKET ADDITIONAL INSURED - MANAGERS TION III - LIMITS OF INSURANCE, Paragraph OR LESSORS OF PREMISES 6. is deleted and replaced by the following a. SECTION II -WHO IS AN INSURED is Paragraph. amended to include as an additional insured any 6. The most we will pay under Coverage A for person or organization with whom you have damages because of"property damage"to agreed: premises rented to you or temporarily occu- (1) In a written contract or agreement, executed pied by you with permission of the owner prior to loss, to name as an additional arising out of or caused by fire, lightning, insured; or explosion, smoke and water damage is the (2) In an oral contract or agreement, executed amount shown in the Declarations under prior to loss, to name as an additional in- Damage to Premises Rented to You. sured only if a Certificate of Insurance was c. SECTION IV- COMMERCIAL GENERAL LIA- issued prior to loss indicating that the per- BILITY CONDITIONS, 4. Other Insurance, son or organization was an additional Paragraph b. is amended. The word fire is insured amended to include fire, lightning, explosion, but only with respect to liability arising out of the smoke or water damage. ownership, maintenance or use of that part of the premises leased to you. 8. BLANKET ADDITIONAL INSURED - LESSOR OF b. This provision is subject to the following addi- LEASED EQUIPMENT tional exclusions. a. (1) SECTION II -WHO IS AN INSURED is (1) Any"occurrence" which takes place after amended to include as an additional insured you cease to be a tenant in that premises. any person or organization with whom you (2) Structural alterations, new constructions or have agreed: demolition operations performed by or on (a) In a written contract or agreement, exe- behalf of the additional insured. cuted prior to loss, to name as an addi- c. The following provision is added to SECTION tional insured; or III - LIMITS OF INSURANCE. (b) In an oral contract or agreement, exe- The Limits of Insurance for the additional in- cuted prior to loss, to name as an addi- sured are those specified in the written contract tional insured only if a Certificate of or agreement between the insured and the Insurance was issued prior to loss indi- manager or lessor of the premises, not to ex- cating that the person or organization ceed the limits provided in this policy. These was an additional insured. limits are inclusive of and not in addition to the (2) This provision applies only with respect to Limits of Insurance shown in the Declarations. liability for: (a) "Bodily injury"; 10. NEWLY FORMED OR ACQUIRED ORGANIZA- (b) "Property damage"; or TIONS (c) "Personal and advertising injury" SECTION II -WHO IS AN INSURED is amended. caused in whole or in part, by your mainte- Paragraph 3. is deleted and replaced by the follow- nance, operation or use of equipment leased ing provision. to you by such person or organization. 3. Any organization you newly acquire or form, b. With respect to the insurance afforded to an other than a partnership,joint venture or limited additional insured, this insurance does not apply liability company, and over which you maintain 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD Policy Number 064615-35658183 ownership or majority interest, will qualify as a 11. BLANKET WAIVER OF SUBROGATION Named Insured if there is no other similar insur- SECTION IV- COMMERCIAL GENERAL LIABIL- ance available to that organization. However: ITY CONDITIONS is amended. The following provi- a. Coverage under this provision is afforded sion is added to 8. Transfer Of Rights of Recov- only until the 180th day after you acquire or ery Against Others To Us. form the organization or the end of the pol- When you have agreed to waive your right of subro- icy period, whichever is earlier; gation in a written contract, executed prior to loss, b. Coverage A does not apply to "bodily injury" with any person or organization, we waive any right or"property damage"that occurred before to recovery we may have against such person or you acquired or formed the organization; organization because of payments we make for in- and jury or damage arising out of your ongoing opera- c. Coverage B does not apply to "personal and tions or"your work" done under a contract with that advertising injury" arising out of an offense person or organization and included in the committed before you acquired or formed "products-completed operations hazard". the organization. No person or organization is an insured with All other policy terms and conditions apply. respect to the conduct of any current or past partnership,joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. 55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD TRAVELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00)- ool POLICY NUMBER: UB-OK464798-21-42-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 12-10-20 STASSIGN: PAGE 1 OF DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD Coalition Insurance Solutions,Inc. Coalition NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 COALITION CYBER POLICY POLICY DECLARATIONS NOTICE: YOUR POLICY CONTAINS CLAIMS-MADE AND REPORTED COVERAGE. CLAIMS-MADE AND REPORTED COVERAGE APPLIES ONLY TO CLAIMS THAT ARE FIRST MADE AND REPORTED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF PURCHASED. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES WILL BE REDUCED AND MAY BE EXHAUSTED BY CLAIMS EXPENSES. FURTHERMORE, CLAIMS EXPENSES WILL BE APPLIED AGAINST THE RETENTION. PLEASE READ YOUR POLICY CAREFULLY AND CONSULT YOUR INSURANCE ADVISOR ABOUT ANY QUESTIONS YOU MIGHT HAVE. Filing Policy No.: C-4LRL-109339-CYBER-2021 Renewal of: New Broker: Aimee Pineiro Broker License Number: 3106019 Agency: IIAA Agency Administrative Services,Inc. Agency Address: 127 S.Peyton St. Alexandria,VA 22314 Item 1. Named Insured North Carolina Coalition To End Homelessness Inc Address 310 N Harrington St Raleigh,NC 27603 Item 2. Policy Period From: March 17,2021 To: March 17,2022 Both dates at 12:01 AM at the address stated in Item 1. Item 3. Policy Premium Premium without TRIA $1,408.59 TRIA Premium $1.41 Policy Premium $1,410.00 Broker Fee $125.00 NC Stamping Fee(0.4%) $5.64 NC Surplus Lines Tax(5%) $70.50 Total $1,611.14 Item 4. Aggregate Policy Limit of Liability $1,000,000 SP 14 797 0519 1 of 7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD +� Coalition Insurance Solutions,Inc. Coalition' NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 Item S. Insuring Agreement(s) purchased,Limits of Liability,and Retentions Coverage under this policy is provided only for those Insuring Agreements for which a limit of liability appears below. If no limit of liability is shown for an Insuring Agreement, such Insuring Agreement is not provided by this policy. The Aggregate Policy Limit of Liability shown above is the most the Insurer(s)will pay regardless of the number of Insured Agreements purchased. THIRD PARTY LIABILITY COVERAGES Insuring Agreement Limit/Sub-Limit Retention/Sub-Retention A. NETWORKAND INFORMATION SECURITY LIABILITY $1,000,000 $5,000 B. REGULATORY DEFENSE AND PENALTIES $1,000,000 $5,000 C. MULTIMEDIA CONTENT LIABILITY $1,000,000 $5,000 D. PCI FINESAND ASSESSMENTS $1,000,000 $5,000 FIRST PARTY LIABILITY COVERAGES Insuring Agreement Limit/Sub-Limit Retention/Sub-Retention E. BREACH RESPONSE $1,000,000 $5,000 F. CRISIS MANAGEMENTAND PUBLIC RELATIONS $1,000,000 $5,000 G. CYBER EXTORTION $1,000,000 $5,000 H. BUSINESS INTERRUPTION AND EXTRA EXPENSES $1,000,000 $5,000 i.Waiting period:8 hours ii.Enhanced waiting period:8 hours I. DIGITAL ASSET RESTORATION $1,000,000 $5,000 J. FUNDS TRANSFER FRAUD $500,000 $25,000 Item 6. Pre-Claim Assistance $350 Item 7. Insurers and Quota Share Percentage Insurer Policy No. Quota Share%of Loss Quota Share Limit of Liability Premium North American Capacity CCP1020099-00 51.0% $510,000 $719.10 Insurance Company Peleus Insurance Company CCP1020099-00 49.0% $490,000 $690.90 The obligations of each Insurer in this Item 7.of these Declarations are limited to the extent of its Quota Share%of Loss up to its Quota Share Limit of Liability. SP147970519 2of7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD Coalition Insurance Solutions,Inc. Coalition NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 Item 8. Notification of incidents,claims, By Email or potential claims Attn: Coalition Claims claims@thecoalition.com By Phone 1.833.866.1337 By Mail Attn: Coalition Claims 1160 Battery Street,Suite 350 San Francisco,CA 94111 Item 9. Retroactive Date Full prior acts coverage Item 10. Continuity Date March 17,2021 Item 11. Optional Extended Reporting Period Additional premium: N/A Extended period: N/A Item 12. Choice of Law NC SP 14 797 0519 3 of 7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD f_"-* Coalition Insurance Solutions,Inc. ��, Coalition' NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 Item 13. Endorsements and Forms Effective at Inception DECLARATIONS SP 14 797 0519 COALITION CYBER POLICY SP 14 798 0419 QUOTA SHARE ENDORSEMENT SP 15 629 0218 SERVICE OF SUIT ENDORSEMENT SP 14 927 0219 COMPUTER REPLACEMENT ENDORSEMENT SP 17 514 0419 REPUTATIONAL HARM LOSS SP 16 383 0718 SERVICE FRAUD ENDORSEMENT SP 16183 0518 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM SP 17 252 0219 CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO SP 17 254 0219 DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE SP 17 255 0220 ACT BREACH RESPONSE SEPARATE LIMIT ENDORSEMENT SP 16 296 0618 REGULATORY COVERAGE ENHANCEMENT ENDORSEMENT- SP 17 147 1119 CCPA AND GDPR COURT ATTENDANCE COST REIMBURSEMENT ENDORSEMENT SP 16 777 0918 CRIMINAL REWARD COVERAGE SP 16 670 0818 DUTY TO COOPERATE ENDORSEMENT SP 17 274 0219 INVOICE MANIPULATION ENDORSEMENT SP 17 813 0819 MULTI-FACTOR AUTHENTICATION (MFA) RETENTION SP 17 814 0819 REDUCTION YOUR OBLIGATIONS AS AN INSURED ENDORSEMENT SP 17 275 0219 PHISHING (IMPERSONATION)AND PROOF OF LOSS SP 18 435 0720 PREPARATION EXPENSE ENDORSEMENT WRONGFUL COLLECTION EXCLUSION SP 18 324 0720 $0 RETENTION FOR SERVICES FROM COALITION INCIDENT SP 18 395 0620 RESPONSE THE DECLARATIONS, THE APPLICATION, THE COALITION CYBER POLICY, AND ANY ENDORSEMENTS ATTACHED THERETO,CONSTITUTE THE ENTIRE POLICY BETWEEN US,THE ENTITY NAMED IN ITEM 1 OF THE DECLARATIONS, AND ANY INSURED. IN WITNESS WHEREOF,we have caused this Policy to be signed officially below. Authorized Representative March 18,2021 Date SP147970519 4of7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD f-"-* Coalition Insurance Solutions,Inc. ��, Coalition' NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 Coalition Insurance Solutions,Inc. SP 14 797 0519 5 of 7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD f-"-* Coalition Insurance Solutions,Inc. ��, Coalition' NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 IN WITNESS THEREOF,the issuing company has caused this policy to be signed officially below. UOU ��) UV�4 06. 9r,�- President Secretary North American Capacity Insurance Company SP147970519 6of7 DocuSign Envelope ID:3A8322DF-7E96-4ECD-9623-106BF4E7D3FD f-"-* Coalition Insurance Solutions,Inc. ��, Coalition' NC License No. 1000532874 1160 Battery Street,Suite 350 San Francisco,CA 94111 Producer Code: 1035616 IN WITNESS WHEREOF,the company issuing this policy has caused this policy to be signed by its President and its Secretary and countersigned (if required) on the Declarations page by a duly authorized representative of the company. This endorsement is executed by the company stated in the Declarations. Peleus Insurance Company President Secretary SP 14 797 0519 7 of 7