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2023-280-E-Housing Dept-North Carolina Coalition to End Homelessness-Database Management
Revised 06/21 1 [Departmental Use Only] TITLE NCCEH-HMIS FY 22-23 NORTH CAROLINA NCCEH- SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 18 day of May, 2023, (“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 management, training, and reporting 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 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 2 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 County acknowledges and agrees that the Provider utilizes subcontracts in the performance of its work as HMIS Lead Agency.. No subcontracting by Provider 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, the HMIS@NCCEH Operating Policies and Procedures dated September 2022 (the “Policies and Procedures”) shall have priority in any conflict between the terms of the Policies and Procedures and the terms of this Agreement. The Policies and Procedures have been provided to County and are available at: https://www.ncceh.org/media/files/ files/824a2464/hmis-ncceh-operating-policies-and-procedures-sept-2022-clean.pdf Should any other 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, except to the extent the terms of the other document conflicts with the Policies and Procedures, in which case the Policies and Procedures shall have priority. 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 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 3 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. 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, 2022 to June 30, 2023. 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, 2022. 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-nine thousand, one hundred seventy eight Dollars ($29,178). 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. 6.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. 7.Responsibilities of the County DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 4 a.Cooperation and Coordination. The County has designated (Rachel Waltz) 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. 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.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (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 six (6) months’ prior written notice to the Provider, in accordance with Section G, Part 3 of the HMIS@NCCEH Governance Charter, ratified June 2018. b.Other Termination. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 5 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 obligations. c.Compensation After Termination. i)In the event of termination, the Provider shall be paid County’s share of outstanding costs as defined in any applicable approved budgets and/or cost sharing agreements. 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 six (6) months of notice of termination, 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 Assignment. 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 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 6 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 http://www.orangecountync.gov/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 an y 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.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 or 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 or 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. 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. h.Signatures. 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. DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 7 i. 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:Rachel Waltz NC Coalition to End Homelessness P.O. Box 8181 PO Box 27692 Hillsborough, NC 27278 Raleigh, NC 27611 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 06/21 8 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: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Dr. Latonya Agard, Executive Director Printed Name and Title DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Interim Exec. Dir. Revised 04/23 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: North Carolina Coalition to End Homelessness Vendor Contact Person: Yakisha Cole Phone: 919- 755-4393, x-5008 Address: PO box 27692 City Raleigh State: NC Zip: 27611 Department: Housing Amount: $29,178 Purpose: Database Management Budget Code(s): 32470620-630000 Vendor # Vendor Status with NCSOS: Y Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 7/1/2022 End Date 6/30/2023 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Need for ongoing database management to remain in compliance with funding regulations Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 6/8/2023 6/27/2023 6/28/2023 6/28/2023 Revised 5/23 2 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 Chapel Hill/Orange County 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 Chapel Hill/Orange County 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: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 3 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 Chapel Hill/Orange County 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. 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. DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 4 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 online HMIS materials. 11. Comply with federal HMIS Data Standards (including anticipated changes to the HMIS Data Standards) and all other applicable laws. 12. 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. DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 5 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. 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 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 6 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 Count, 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. f) Confidentiality and Security 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: DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 7 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: 88B9E21B-0F94-463F-8912-8C7669E89A14 Revised 5/23 8 HMIS@NCCEH Durham, NC Balance of State and Orange Continuums of Care BUDGET NARRATIVE: July 2022 to June 2023 NCCEH Data Center Expenses The following expense categories outline the costs for the NCCEH Data Center. These costs are shared among participating Continuums of Care (CoCs) based on the Housing Inventory Count. This is consistent with how NCCEH and MCAH costs was divided for NC HMIS. Personnel Expenses Description Salary Expenses Salary costs for time spent on HMIS for six staff, equivalent to 4.25 FTE in 2022-23. (Hiring 2 FTE for helpdesk support in June) Employer Liabilities Employer costs for Social Security, Medicare, and NC Unemployment Insurance incurred for HMIS staff. Staff Benefits Medical, dental, vision, and life insurance premiums and retirement contributions for HMIS staff. Operational Expenses Facility Costs Office rent, utilities, cleaning, and furniture for HMIS staff. Office Supplies, Printing, and Postage Basic office supplies, training/meeting supplies, copier lease, and postage for HMIS program. Phone & Internet Office phone and internet for HMIS staff. Computers & Equipment Purchase of replacement computers or equipment for HMIS staff. Project Expenses Information Technology Software in support of HMIS: help desk ticketing, DocuSign, Smartsheet, Adobe, MS Office, Tableau, website maintenance. HMIS Independent Contractors/Consulting Technical assistance with data benchmarking, reporting, dashboards, visualizations, trainings, and other activities. Includes contract for 2.0 FTE Helpdesk & System Administrator functions with Institute for Community Alliances (ICA) ending June 30, 2023. Professional Development Conference registrations and additional training for HMIS staff. Travel Expenses related to conference, NCCEH trainings, CoC and HMIS Advisory Board meetings, and agency on-site work. Organizational Expenses Legal & Professional Fees Examples: attorney review of Mediware contract, required background checks for Data Center staff to use HMIS. Audit & Payroll Processing Fees Monthly payroll, W-2 fees for HMIS staff; annual financial audit to comply with Federal requirements. Organizational Insurance & Governance Portion of organizational insurance and governance costs that relate to HMIS. NCCEH Admin Fee Administrative fee to be charged at hourly rate for finance and grants WellSky (formerly Mediware) WellSky ServicePoint Software Per license cost of $270.00/user in 2022-23, broken out into quarterly payments, plus one-time and annual fees. The budgeted number of licenses for 2022-23 is 374. The cost of licenses for NCCEH Data Center staff will be shared among the three CoCs. WellSky Supplemental Contracts Annual contracts for additional services including seven-year purge of Personally Identifiable Information according to HUD privacy standards and modification of HMIS CSV for research linkage. DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 11/16/2022 INSURE 2607 GLENWOOD AVENUE (27608) PO BOX 31508 RALEIGH NC 27622 DAVID BRASWELL (919) 781-1115 (919) 783-6427 DBRASWELL@INSURE-NC.COM NORTH CAROLINA COALITION TO END HOMELESSNESS INC PO BOX 27692 RALEIGH NC 27611-7692 AUTO-OWNERS INSURANCE COMPANY 18988 TRAVELERS INDEMNITY COMPANY OF AMERICA 25666 LIABILITY CERT 2022 A 35658183 01/12/2022 01/12/2023 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A 35658183 01/12/2022 01/12/2023 1,000,000 B N UB-0K464798-22-42 01/30/2022 01/30/2023 1,000,000 1,000,000 1,000,000 Orange County Partnership to End Homelessness Orange County Housing Dept P O Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 06/16/2023 INSURE 2607 Glenwood Avenue (27608) P O Box 31508 Raleigh NC 27622 David Braswell (919) 781-1115 (919) 783-6427 dbraswell@insure-nc.com North Carolina Coalition to End Homelessness Inc P O Box 27692 Raleigh NC 27611-7692 Auto Owners Insurance Company 18988 Travelers Indemnity Company of America 25666 Coalition Inc 29530 Cert 2023 Incl Cyber A 35658183 01/12/2023 01/12/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A 35658183 01/12/2023 01/12/2024 1,000,000 B N UB-0K464798-22-42 01/30/2023 01/30/2024 1,000,000 1,000,000 1,000,000 C Cyber Liability (Deductible $5,000)Y C-4LRL-109339-CYBER-2023 03/17/2023 03/17/2024 Network Security Liability 1,000,000 Regulatory Defense/Fine 1,000,000 Breach Response 1,000,000 Certificate holder is an additional insured on the cyber liability insurance policy as per form SP 15 378 1118 (copy attached). Orange County Partnership to End Homelessness Orange County Housing Dept P O Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 FILINGPOLICYNO.: C-4LRL-109339-CYBER-2023 ENDT.NO.:21 ADDITIONAL INSURED ENDORSEMENT WITH SCHEDULE FormNumber SP153781118 EffectiveDateofEndorsement March17,2023 NamedInsured NorthCarolinaCoalitionToEndHomelessnessInc FilingPolicyNumber C-4LRL-109339-CYBER-2023 Issuedby (NameofInsuranceCompany) ArchSpecialtyInsuranceCompany, AllianzUnderwritersInsuranceCompany, AscotSpecialtyInsuranceCompany, FortegraSpecialtyInsuranceCompany THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COALITIONCYBERPOLICY InconsiderationofthepremiumchargedforthisPolicy,itisherebyunderstoodandagreedthat: 1.The definition of ”Insured,you, or your” under SECTION IX, DEFINITIONS is deleted and replaced with the following: Insured,you,oryour means: 1.the namedinsured; 2.a subsidiary; 3.seniorexecutives; 4.employees;and 5.person(s) or organization(s) in the attached schedule, solely for such person’s or organization’s liability arising outofthe namedinsured’s or subsidiary’s acts. Schedule 1.OrangeCountyPartnershiptoEndHomelessness. (eachhereafterascheduledadditionalinsuredentity) 2.SECTION III, EXCLUSIONS – WHAT IS NOT COVERED, Paragraph J. INSURED VERSUS INSURED, is deleted and replacedwiththefollowing: SP153781118 1of 2 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14 J.INSUREDVERSUSINSURED Any claim madebyoronbehalfof: 1.an insured under this Policy; however, this exclusion will notapplytoanotherwisecovered claim madeby: a.an employee arising from a security failure or data breach;or b.anadditionalinsured; 2.any business enterprise in which you have greater than a twentypercent(20%)ownershipinterest;or 3.any parent company or other entity that owns more than twentypercent(20%)ofan insured. AllothertermsandconditionsofthisPolicyremainunchanged. ThisendorsementformsapartofthePolicytowhichattached,effectiveontheinceptiondateofthePolicyunless otherwisestatedherein. SP153781118 2of 2 DocuSign Envelope ID: 88B9E21B-0F94-463F-8912-8C7669E89A14