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Home My WebLink AboutOC HMISINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-291 DATE: 0•.wt.iceft) CJ r� rJ lffc Get Connected. Get Help.'" Orange County United Way tCi Orange County CoC Inter -Agency Data Sharing U Memorandum of Agreement The LSAy is AP101 %lice kDaC'FvvtevTi agency agrees to share client data among participating agencies via the OC HMIS ( range County Homeless Management Information System) for the purposes outlined below. Each participating agency must complete and comply with the OC HMIS Participating Agency Agreement, attached hereto as Exhibit A and incorporated herein by this reference. The participating agency must ensure that all individual HMIS user operating under the authority of the participating agency complete and comply with the HMIS User Agreement. This document is available on the OCHMIS.org website and incorporated herein by reference. Uses of HMIS Data: • Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in Orange County • Understand the extent and the nature of homelessness in Orange County • Evaluate performance and progress toward community benchmarks • Improve the programs and services available to Orange County residents experiencing homelessness or a housing crisis • Improve access to services for all Orange County homeless and at -risk populations • Reduce inefficiencies and duplication of services within our community • Ensure that services are targeted to those most in need, including "hard to serve" populations • Ensure that clients receive the amount and type of services that "best fits" their needs and preferences • Pursue additional resources for ending homelessness • Advocate for policies and legislation that will support efforts to end homelessness in Orange County Client Protection: • Informed consent must be given by clients in order for their identifying information to be shared among agencies in the OC HMIS (see Agencies with Access to HMIS on OCHMIS.org). If the client does not give consent, their identifying information can still be entered into HMIS, but the record should only be visible to the agency entering the data. All agencies participating in HMIS must sign this agreement. The client has the right to see a current list of the OC HMIS participating agencies. As part of the informed consent process, clients must be informed that additional agencies mayjoin the OC HMIS at any time and will have access to their information. Last Updated: 09/2023 • HMIS Users will maintain HMIS data in such a way as to protect against revealing the identity of clients to unauthorized agencies, individuals, or entities. • Clients may not be denied services based on their choice to withhold their consent. All parties to this Memorandum of Agreement, other than agencies and department of the County of Orange, shall defend, indemnify, and hold all other parties harmless from any and all claims arising out of a party's violation of the terms of this Agreement, the OC HMIS Participating Agency Agreement, or violation of the term of the HMIS User Agreement by the party's individual HMIS user operating under the authority of the participating agency. This Memorandum of Agreement is signed and agreed to by the following agency representative (Executive Director or equivalent only): ��`L'][:�'�iiTl��J I�Iri�•i�i�R�l1IR Last Updated: 09/2023 N-2023-291 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIF L. ALL / er of the cil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney IwA'� By: TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA Steven A. Mendoza Acting City Manager RECOMMENDED FOR APPROVAL: Chief of Police -�_X � I bi +- A - ISM Get Connected. Get Help.' Orange County United Way OC HMIS Participating Agency Agreement Purpose The HMIS (Homeless Management Information System) is a HUD -mandated information technology system that is designed to capture client -level information overtime, on the characteristics and service needs of homeless persons. Client data is maintained on a central server, which will contain all client information in an encrypted state. HMIS integrates data from all homeless service providers and organizations in the community and captures basic descriptive information on every person served. Participation in the OC HMIS allows organizations to share information with other participating organizations to create a more coordinated and effective service delivery system. The OC HMIS is the secured electronic database for Orange County and is a valuable resource for local communities. Agreement and Understanding This Agreement authorizes this Participating Agency (Agency) to designate HMIS Users (User). A User is a staff person entrusted to enter Protected Personal Information (PPI) into the OC HMIS, on behalf of this Agency. In order to allow a User to access the OC HMIS, a User Agreement must be signed by the User and stored electronically in the HMIS. Confidentiality and Informed Consent Confidentiality: This Agency must require all Users to abide by its organization's policies and procedures; uphold all privacy protection standards established by the OC HMIS Policies and Procedures; and comply with all relevant federal and State of California confidentiality laws and regulations that protect client records. Except where otherwise provided for by law, this Agency shall ensure that confidential client records are released with the client's written consent. Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed that the client's information will be entered into an electronic database called HMIS. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. Clients who agree to have their PPI entered into the OC HMIS must sign the Consent to Share Protected Personal Information form. Verbal Consent: Verbal consent to enter PPI into the OC HMIS may be obtained during circumstances such as phone screenings, street outreach, or community access center sign -ins. Each client must be informed that their information will be entered into the HMIS database. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. The client's written consent must be obtained once the client appears for their initial assessment. 1 Updated 9/2023 Client's Rights The client has a right to receive a copy of this Agency Agreement at the time of request. Each client has the right to receive the following, no later than ten (10) business days of a written request: • A correction of inaccurate or incomplete PPI • A copy of their consent form • A copy of their HMIS records • A current list of participating agencies that have access to HMIS data Data Use This Agency must protect HMIS data by ensuring that: • A link to the Privacy Notice is accessed from the Organization's website. • OC HMIS is not accessible to unauthorized users • OC HMIS is only accessed by computers approved by the Organization • HMIS Users are trained regarding user responsibilities and conduct • HMIS Users sign and comply with the OC HMIS User Agreement • HMIS Users forward a copy of a client's Revocation of Consent to the HMIS System Administrator, Orange County United Way (OCUW)'s 2-1-1 Orange County (211OC), within three (3) business days of receipt Responsibilities As outlined in the 2004 HUD Data and Technical Standards, this Agency is responsible to ensure that: • The Notice Regarding Collection of Personal Information is posted at each intake desk or comparable location • HMIS Users do not misuse the system • Clients are notified if a breach of their PPI is discovered • Any HMIS User who finds a possible security lapse on the system is obligated to immediately report it to 211OC • A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven (7) years after the PPI was created or last changed. Rights and Privileges OC HMIS data is stored in one central database and is managed by 211OC. While each agency owns their own data within the database, the Orange County Continuum of Care (CoC) may release aggregate data about its own continuum at the program, sub -regional, and regional level. Aggregate data may be released without organization permission at the discretion of the Continuum. Use of the OC HMIS is a privilege and is assigned and managed by 211OC. Updated 9/2023 Copyright The OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC provided software are at the sole discretion of 211OC. Violations Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User Agreement, and/or the HMIS Policies and Procedures, must be immediately and confidentially reported to 211OC and the Executive Director or other authorized representative of this Agency. Term This Participating Agency Agreement becomes effective on the date of final execution and shall remain in effect unless terminated pursuant to paragraph XI. Termination, below. Amendment and Termination • The OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Agency. • Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written notice to the other party. • If this agreement is terminated, this Agency shall no longer have access to HMIS or any information therein. The CoC shall retain the right to use all client data previously entered by this Agency, subject to any restrictions requested by the client. All agencies that sign this agreement and are granted access to the OC HMIS agree to abide by OC HMIS' Policies and Procedures. The signature of the Executive Director or other authorized representative of this Agency indicates acceptance of all terms and conditions set forth in this agreement. This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this Agency will be given access to the OC HMIS. Agency Name "atYNU Rylok ?tAce, Dwaftrneyr-t Executive Director/Authorized Representative Name (Print) 'DcNiO�laleYYhn . Chle� a�' P0�'tC� Executive Director/Authorized Representative Signa re (Wet sign ate Updated 9/2023 DO NOT WRITE IN THIS SECTION — 211OC USE ONLY HMIS System Administrator Name (Print) HMISSystem Administrator Signature (Wet signature only) Date