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HomeMy WebLinkAbout2024-791-E-Criminal Justice Dept-Town of Chapel Hil-Mobile Crisis CARE Team Pilot Project STATE OF NORTH CAROLINA COUNTY OF ORANGE AMENDED MEMORANDUM OF UNDERSTANDING THIS AMENDED MEMORANDUM OF UNDERSTANDING, entered into this 18th day of December, 2024, by and between the Town of Chapel Hill, by and through the Chapel Hill Police Department, (hereinafter “Town”), and Orange County (hereinafter “County”) relates to the partnership between these entities to operate and fund the Mobile Crisis Pilot, subsequently titled the Crisis Assistance, Response and Engagement Team (hereinafter “CARE Team”). This Amended Agreement was necessitated by new funding information provided by Alliance Healthcare to the Parties and replaces the previous Memorandum of Understanding entered into on February 20, 2024. WITNESSETH: WHEREAS, the County provides emergency services responses to its customers in need of immediate response and is dedicated to ensuring the appropriate and efficient response to emergencies throughout Orange County, to include Chapel Hill; WHEREAS, the County’s emergency response includes the Public Safety Communications Division that serves as the community’s only public safety answering point (9-1-1); WHEREAS, the Town works closely with the 9-1-1 Public Safety Communications Division, the Emergency Medical Services Division, and has over fifty years of experience in managing and training social workers and other individuals to triage calls and respond to persons in immediate crisis, connecting them with the appropriate services, to include in- person care; Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 WHEREAS, both parties recognize that many of the 9-1-1 calls that are received involve individuals in need of immediate crisis intervention and support services; WHEREAS, both parties recognize the benefit of having a dedicated individual embedded in the 9-1-1 center devoted to providing crisis management and support services, so calls can be diverted away from law enforcement and to trained behavioral and mental health counselors; WHEREAS, both also parties recognize the benefit of having a three-person mobile crisis response team to include a Crisis Counselor, a Peer Support Specialist and a Community Emergency Medical Technician (EMT); WHEREAS, both parties also recognize and acknowledge the mutual benefit of having follow up contacts within a defined timeframe after the initial encounter with 9-1-1; WHEREAS, the parties desire to have one of the Town’s Crisis Counselors embedded in the 9-1-1 center and for them to be a member of the CARE Team that would initially respond to calls in Chapel Hill; WHEREAS, both parties agree that the CARE Team will be equipped to triage, assess, and respond remotely and in-person to behavioral and mental health, substance use, and Intellectual Developmental Disability related calls that are non-emergent and do not require a law enforcement response; and WHEREAS, both parties acknowledge the mutual benefit in the form of enhanced efficiency and services to the impacted parties, which benefits both. NOW, THEREFORE, in consideration of the above and mutual covenants and conditions hereafter set forth, Orange County and the Town of Chapel Hill hereby agree as follows: Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 1. Term of the Agreement. The parties desire to create this CARE Team for an initial period of two years, during which time the University of North Carolina, by and through their School of Government’s Criminal Justice Innovation Lab, will analyze all relevant call data to evaluate the efficacy of service delivery of the program; 2. Scope of Services. a. Both parties agree that the CARE Team will be equipped to triage, assess, and respond remotely and in-person to behavioral and mental health, substance use, Intellectual/Developmental Disability and minor nuisance offense related calls that are non-emergent and do not require a law enforcement response; b. Both parties desire to have one of the Town’s Crisis Counselors embedded in the 9-1-1 Call Center and for them to be a member of the CARE Team that would initially respond to calls in Chapel Hill for the duration of the Agreement; c. The County agrees to provide the Community EMT employee to serve as a member of the CARE Team for the duration of this Agreement; d. The Town agrees to employ and assign a Crisis Counselor to be embedded in the 9-1-1 Communications Call Center, to serve as a conduit to resources for those experiencing crisis and to serve on the CARE Team, and be cross-trained as a certified Telecommunications Call-Taker; e. The Town agrees to provide a Crisis Counselor and Certified Peer Support Specialist to serve as members of the CARE Team; f. The County agrees to provide a vehicle for use by CARE Team, if needed; Both parties agree that at all times during its use by the CARE Team such county vehicle shall be operated by a County or Town employee who has submitted a county license verification form and is approved to drive by both of the parties; Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 g. The Town may lease a vehicle for use by the CARE Team in case a County vehicle is unavailable or unacceptable for any reason; at all times during its use by the CARE Team such town vehicle may be operated by a Town or County CARE Team employee who has submitted a license verification form and is approved to drive; h. The County and Town agree to designate individuals to serve on a Steering and Planning Committee regarding the oversight and implementation of the CARE Team pilot program; i. The County agrees to purchase, install and maintain the necessary software to train the County’s 911 Call Takers to assess when calls should be forwarded to the embedded Crisis Counselor. j. Except as specifically provided herein, neither party shall be responsible for providing employment costs, coverages, or benefits to the other party’s officers, employees or agents. In addition, both parties agree, to the extent allowed by law, to: a. Share information relevant to the operation of the CARE Team for the duration of this Agreement; b. Furnish, or to allow the requesting party to inspect, financial records or other documents relevant to the operation of the CARE Team, upon reasonable notice, but no less than forty-eight hours, during normal working hours; c. Provide any necessary documentation or information for participation in UNC’s data analysis regarding the CARE Team response; and Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 d. Furnish personnel with equipment and resources necessary to perform their duties; and that personnel shall report for work with the equipment issued to them by their employer. 3. Billing and Payment. a. Alliance Healthcare awarded Orange County a grant to cover funding for the CARE Team starting on April 1, 2024 and running through June 30, 2025. April 1, 2024 – June 30, 2024 funding will be for start-up costs of an amount not to exceed $142,000 and start-up operational salary costs not to exceed $87,500. The total funding for these three months from Alliance is $229,500. b. Alliance Healthcare’s funding for fiscal year 2025 (July 1, 2024 – June 30, 2025) is for an amount not to exceed $579,500 for annual operating expenses, subject to NC Department of Health and Human Services Allocation Letter # 25-A-31. c. All expenses incurred by the County and Town starting on April 1, 2024 and through June 30, 2025 will be covered by Alliance Healthcare and will be invoiced to Alliance by the County quarterly. d. The Town will submit invoices, along with itemized receipts and payroll reports, to the County quarterly for the allowable expenses detailed in the DHHS Allocation and contract with Alliance Healthcare. This funding from April 1, 2024 – June 30, 2025 will not exceed $150,000 for April 1, 2024 – June 30, 2024 and $400,000 for annual FY expenses. See Attachment A (Alliance Amended Contract #1 dated October 23, 2024 DHHS Allocation Letter) and the Alliance Budget below, which is subject to revision as required by the Parties: Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 Mobile Crisis Pilot Operation Expenses ANNUAL EXPENSES AMOUNT RESPONSIBLE PARTY EMT Salary and Benefits $75,173 Orange County 911 Call Center Crisis Counselor Salary and Benefits $105,556 Chapel Hill Mobile Crisis Counselor Salary and Benefits $92,633 Chapel Hill Peer Support Specialist Salary and Benefits $75,860 Chapel Hill Training $5,000 Chapel Hill and Orange County (equal share) Harm Reduction Supplies $20,000 Chapel Hill and Orange County (equal share) Medical Supplies and Client Needs $20,000 Chapel Hill and Orange County (equal share) Lease, Gas and Vehicle Maintenance $18,500 Chapel Hill Contract Administrative Support $5,000 Chapel Hill Software Needs $15,000 Chapel Hill ONE-TIME COSTS AMOUNT Equipment $8,000 ($2,000/per team member) Chapel Hill and Orange County Uniforms $2,000 ($500/per team member) Chapel Hill and Orange County UNC School of Government Criminal Justice Innovation Lab $50,000 Orange County Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 Evaluation Annual Operating Costs $432,722 One-Time Costs (Equipment, Evaluation, Uniforms, Vehicle expenses) $60,000 e. For Town personnel expenses incurred before March 31, 2024 (prior to the Alliance funding awards), the Town should submit an invoice in an amount not to exceed $22,000. Payment will be made by the County within thirty (30) days of receipt of an accurate invoice and supporting documentation, approved by their contact person or their designee. 4. Personnel. All personnel assigned pursuant to this Agreement shall remain subject to the rules, regulations, and disciplinary procedures of the respective parties and all disciplinary actions shall be handled by the employing party. Personnel shall remain subject to the supervision of the employing party and shall be entitled to Worker Compensation, Liability Insurance and other benefits associated with their employment with the respective party. Except as specifically provided herein neither party shall be responsible for providing employment costs, coverages, or benefits to the other party’s officers, employees, agents, or assigns. 5. Possession of Legal Authority. Each party represents that it possesses the legal authority, pursuant to proper, appropriate statute, ordinance, official motion, resolution or action passed or taken or required, to enter into this Agreement. Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 6. Authorization for Person Signing. Each party represents that the person or persons signing and executing this Agreement on behalf of each party has been fully authorized by such party to execute this Memorandum on behalf of the party and to validly and legally bind the party to all the terms, conditions, performances and provisions her 7. Dispute as to Authority. Either party shall have the right, at its option, to either temporarily suspend or permanently terminate this Memorandum, if there is a showing of actual lack of the legal authority of either the party or the person signing the Memorandum on behalf of such party. 8. Assumption of Risk. Neither party, nor any officer thereof, will assume responsibility for the actions of the other party or the other party’s officers, employees, agents, or assigns; and neither party, nor any officer, employee, agent, or assign thereof, shall assume any responsibility for the failure or malfunction of any equipment or supplies of the other party. 9. Indemnification. Unless otherwise limited by applicable law, each party will indemnify and hold the other party, its officers, agents, assigns, and employees, harmless from and against any claims or causes of action for bodily injury or death to persons, or loss or damage to property (including but not limited to bodily injury or property damage suffered by either Party’s own employees or agents), which is the result, directly or indirectly, of the indemnifying party’s negligence or intentional, willful, or wanton misconduct. Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 10. Insurance. Each party may either self-insure, purchase insurance, or utilize any combination of self-insured retention and excess coverage it may deem necessary for purposes of this Agreement. Neither party waives its right to assert immunity as a defense against demands, claims, or causes of action as permitted by G.S. § 160A-485 and 153A-435 in agreeing to the indemnification clause in Paragraph 9 above. 11. Severability. The parties intend and agree that if any provision of this contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 12. Interpretation. This Agreement shall be construed and enforced under the laws of North Carolina. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. 13. Assignment. This Agreement shall not be assigned without the prior written consent of the parties. 14. Entire Agreement. This Agreement shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Agreement. This Memorandum of Understanding shall be effective upon execution by all parties and expire upon the 30th day of June, 2025, but may be terminated by either party upon 60 days written notice. Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 15. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of the North Carolina General Statutes Chapter 66. IN WITNESS WHEREOF, Orange County and the Town of Chapel Hill have signed this Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Town of Chapel Hill ____________________________________ Town Manager Senior Legal Advisor/CHPD and Town of Chapel Hill ATTEST BY TOWN CLERK: ____________________________ TOWN CLERK TOWN SEAL Town Clerk attests date this the ______day of ___________, 20____. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act For and on Behalf of Orange County Government ______________________________ Travis Myren, County Manager Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 24.00December22.00 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Town of Chapel Hill Vendor Contact Person: Chief Celisa Lehew Phone: 919-968-2760 Address: 828 MLK Jr Blvd City Chapel Hill State: NC Zip: 27514 Department: Criminal Justice Resource Department Amount: $22,000 for FY23-24 and $400,000 for FY24-25 Purpose: Mobile Crisis CARE Team Pilot Project Budget Code(s): 10755020-630000 for FY24 and 30757520- 6300000-71501 for FY25 Vendor # 64 Vendor Status with NCSOS: N/A Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 2/20/24) (Most Recent Amendment ) Effective Date 12/10/24 End Date 6/30/25 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 12/10/24); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: 12/10/24) - 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(#E – Interlocal Agreement) 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. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Amendment to existing MOU with Town of Chapel Hill for the Mobile Crisis Pilot Project already underway, amendment necessary to reflect structural changes due to funding agreement. 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: A4374658-8DD0-496B-9EC6-BB9E582C46B8 12/23/2024 12/23/2024 12/23/2024 NC DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Mental Health, Developmental Disabilities and Substance Use Services ROY COOPER • Governor KODY H. KINSLEY • Secretary MARK BENTON • Chief Deputy Secretary for Health KELLY CROSBIE • Director NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE USE SERVICES LOCATION: 695 Palmer Drive, Anderson Building, Raleigh, NC 27603 MAILING ADDRESS: 3001 Mail Service Center, Raleigh, NC 27699-3001 www.ncdhhs.gov • TEL: 984-236-5000 • FAX: 919-508-0951 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER August 5, 2024 MEMORANDUM Allocation #: 25-A-31 UEI #: WX6EEKYAMG77 TO: Rob Robinson, Chief Executive Officer Alliance Health FROM: Deidra Oates, Business Allocations Manager DMHDDSUS RE: Crisis Investments State Funding Non-UCR for SFY25- Mobile Crisis and Law- Enforcement Co-response Pilot. Alliance Health is allocated $579,500 in State Funds on a one-time basis to support the development and operation of the Orange County Mobile Crisis and Law-Enforcement Co- response Pilot. Eligible expenditures must be incurred during the period of July 1, 2024 through June 30, 2025. FORMAT FOR FUNDING: These state funds are allocated outside of UCR and approved expenditures shall be reported by the Tailored Plan through routine submission of monthly Financial Status Reports (FSRs) to the DMHDDSUS Project Manager and Business and Financial Operations. Funds will be paid on a reimbursement basis as these funds will not be paid via the Single Stream Funding payment schedule. Any exceptions to the required timely reporting of funds expended shall be approved in writing by the DMHDDSUS Business and Financial Operations Director. Each Tailored Plan should review their program report received from Business and Financial Operations for the latest expenditure update for funds paid by the Division. If Tailored Plan are underutilizing funds, the Division reserves the right to make a mid-year adjustment in allocations.                   Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 2 SPECIAL CONDITIONS: 1. The award of these funds shall not be used by a county as a basis to supplant any portion of a county’s commitment of local funds to the area authority. 2. These funds shall only be used for community-based services and supports. 3. The funds provided shall not be utilized to supplement any reimbursement for services or staff activities provided through the NC Medicaid Program; 4. Funds shall be used in accordance with cost principles describing allowable and unallowable expenditures for nonprofit organizations in accordance with OMB Circular A-122; 5. Tailored Plan are prohibited from withholding or deducting any portion of allocated state funds for the support of any Tailored Plan activity or function, including, but not limited to, administration, overhead, or indirect expenses. All allocated funds are required to be fully contracted by the Tailored Plan for approved expenditure by eligible non-profit subrecipient organizations. 6. If Tailored Plans are underutilizing the funds allocated, the Division reserves the right to make adjustment in allocations. 7. Any payback of funds provided to the Tailored Plan pursuant to this allocation and determined to be owed by the Tailored Plan as a result of the funding review and settlement process conducted by DMHDDSUS for each fiscal year, must be paid within 60 days after the date of Tailored Plan’s receipt of the non-Medicaid funding audit report memorandum (financial settlement memorandum) from DMHDDSUS. If not timely paid, DMHDDSUS will take action to recover any such payback amount due from the Tailored Plan. The Tailored Plan will be provided prior written notice of the process to recoup any payback funds owed and not timely paid by the Tailored Plan and any appeal rights to contest the payback amount due, in the financial settlement memorandum from DMHDDSUS. 8. NC DHHS has an approved cost allocation plan which exempts the State from the indirect cost rate requirement for Federal awards. 9. NC DHHS does not allocate pass-through funds identified as Research and Development. 10. Services provided by the Co-responder Unit are open to all individuals no matter county of residence or payer, and serve individuals of all ages presenting with MH/SU/IDD and/or TBI. 11. The Co-Responder Unit is expected to educate the community and other local providers about their services. 12. The Co-Responder Unit is expected to participate in local Crisis Collaboratives. 13. The funds provided shall not be utilized to purchase vehicles. Funds can be used to lease vehicles for duration of the pilot. SPECIAL REPORTING REQUIREMENTS: The following reporting requirements are required as referenced in G.S. 122C-144.1. Budget Format and Reports: In order to ensure the Division has complete and accurate information on services provided and expenditures, reporting of all services is required through NC Tracks and the Financial Reporting Tool, Financial Status Reporting Monthly Expenditure Detail worksheets. Each allocation letter should be reported on separate lines within the FSR. This will enable the system to assign eligible services to the correct disability-based accounts. Complete reporting of services is also essential for performance measures calculated from NC Tracks claims and encounter data. DMHDDSUS will provide a data report template for Tailored Plan’s to capture and submit to the Department monthly by the 15th of the next month. This information should be collected for Medicaid and non-Medicaid individuals. This report will include information such as, but not limited to: o # of calls answered by the 911 crisis counselor o # of face to face visits initiated by the 911 call                   Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 3 o Reason for call/visit o Age o CNDS ID o Referral Source o County of residence o Insurance o Arrival date/time o Discharge date/time o Disposition o IVC Initiation o Need for transport to an ED (medical vs acuity) A quarterly report will be provided to DMHDDSUS outlining the progress toward operations of the service. Reports to include summary of o Programmatic design planning o Programmatic updates (staffing, operations, contracting etc.) o Risks/barriers Quarterly reports are expected to be delivered to DMHDDSUS by the 15th of the Month following the quarter Quarter 1: July – September, Due October 15th Quarter 2: October – December, Due January 15th Quarter 3: January – March, Due April 15th Quarter 4: April – June, Due July 15 Annual Report Due August 15 FUND ALLOCATION: NCFS: Agency Budget Fund Account Agency Mgmt Unit (AMU) Agency Program Funding Source Project Amount 3000 134604 56900100 30TB183 300003B 2000 2000400000 $579,500 Please do not hesitate to contact Lisa DeCiantis at lisa.deciantis@dhhs.nc.gov or 984-236-5059 regarding any questions or concerns about this allocation. cc: Tailored Plan Finance Officer DMHDDSUS Business and Financial Operations Team DMHDDSUS Executive Leadership Team                   Docusign Envelope ID: A4374658-8DD0-496B-9EC6-BB9E582C46B8 Rev. 7/1/2024   3DJHRI 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