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HomeMy WebLinkAbout2025-628-E-County Mgr-Alliance Health-CARE TeamAGREEMENT BETWEEN ORANGE COUNTY AND ALLIANCE HEALTH THIS AGREEMENT is made and entered into July 1, 2025, by and between the Orange County and Alliance Health, a political subdivision of the state of North Carolina and a Local Management Entity/Managed Care Organization as those term is defined in NCGS 122C-3; collectively referred to as Parties. WITNESSETH: WHEREAS, Orange County, in collaboration with the Chapel Hill Police Department, is conducting a two-year Mobile Crisis Pilot program with the mission to provide a more appropriate response to certain 911 calls, which began in July 2024. The Crisis Assistance, Response and Engagement (CARE) Team (referred to herein as “Team”), is an unarmed Team that will respond immediately in lieu of law enforcement to behavioral health and low level, non-violent offense 911 calls as designated by the Chapel Hill Police Department and 911 Call Center. The program seeks to increase therapeutic interventions and direction to resources while ensuring the safest and best immediate response; and WHEREAS, the two-year pilot phase will initially serve only Chapel Hill with an Evaluation of the Pilot being conducted by UNC’s School of Government Criminal Justice Innovation Lab funded by the Town of Chapel Hill and Orange County Government. The goal is to launch the program with all law enforcement agencies countywide in 2026; and WHEREAS, DHHS has agreed to provide 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. NOW THEREFORE, for and in consideration of mutual covenants herein and the mutual benefits to result therefrom, the parties hereby agree as follows: SECTION 1. FUNDING. Alliance shall provide to the County funding in the amount of Seven Hundred Ninety Thousand Six Hundred Forty Dollars ($790,640.00) for eligible expenditures during the period of July 1, 2025 through June 30, 2026. (hereinafter referred to as the "Funds") to support staffing of the Team, training, and additional equipment and supplies for the 2025-2026 fiscal year. This funding has been allocated by DHHS and is subject to Allocation Letter 26-A-51, incorporated herein by reference thereto. SECTION 2. USE OF FUNDS. The Funds shall be used exclusively for Qualified Expenses of the Team program outlined in Attachment 1, Scope of Work and corresponding Budget provided to and approved by Alliance. The County shall promptly return, without the necessity of a request from Alliance, any portion of the Funds not used for such purpose or submit a written request to Alliance to utilize the remaining balance as described above in Section 1. Funding. No substantial changes in the purposes, term or conditions may be made without a prior written amendment to this Agreement. In the event it is determined by Alliance, that the County expended any amount of Funds in violation of the funding requirements or this Agreement, the County shall be required to return that amount of money to Alliance. The implementation of this Agreement and CARE shall be carried out in strict compliance with all Federal, State, and local laws. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 SECTION 3. PAYMENT OF FUNDS. Alliance will reimburse the County for Qualified Expenses incurred. The County must submit a completed Alliance Non-UCR Invoice Template monthly that lists Qualified Expenses and supporting documentation, as further defined in the Scope of Work. If proper supporting documentation is not provided with the Invoice Template, further payments may be withheld. See Attachment 2: Alliance Non-UCR Invoice Template. a) The County shall prepare and submit the Invoice monthly for payment to: accountspayable@alliancehealthplan.org, unless otherwise directed by Alliance. b) Electronic reporting must be submitted in accordance with the privacy and security requirements set forth in Section 16 – Confidentiality. c) All payments of Funds will be made via electronic funds transfer within 30 days of invoice approval. SECTION 4. TERM. The term of this Agreement shall begin June 1, 2025, and end the earlier of June 30, 2026, or upon expenditure of all of the Funds, whichever is earlier. SECTION 5. TERMINATION. This Agreement may be terminated by either party with or without upon 30 days’ notice to the other party. This Agreement may also be terminated immediately by Alliance if the Funds are no longer available to Alliance. The termination shall be effective upon receipt of the notice of termination. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. SECTION 6. REPORTING. Reporting requirements are set forth in Attachment 1, Scope of Work. SECTION 7. NO WARRANTY BY ALLIANCE: Alliance makes no warranty, either express or implied, that the Funds are or will be sufficient to pay all or any particular portion of the cost of the CARE program or permit the programs successful completion. SECTION 8. AMENDMENTS. This Agreement may be amended at any time upon mutual written agreement of Alliance and the County. SECTION 9. GOVERNING LAW. This Agreement shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this Agreement shall be brought in the General Court of Justice in the County of Wake and the State of North Carolina. SECTION 10. NO THIRD-PARTY BENEFICIARIES: This Agreement is not intended for the benefit of any third party. The rights and obligations contained herein belong exclusively to the parties hereto and shall not confer any rights or remedies upon any person or entity other than the parties hereto. SECTION 11. ENTIRE AGREEMENT This Agreement together with the agreements referenced in this Agreement, shall constitute the entire understanding between Alliance and the County and shall supersede all prior understandings and agreements relating to the subject matter hereof. SECTION 12. SEVERABILITY. In the event any provision of this MOU is deemed unenforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 SECTION 13. NOTICE. Any and all notices, or any other communications provided for herein shall be given in writing, return receipt requested, to the respective Parties at the addresses listed below, unless each party has notified the others of a different address by means of the notification formalities described in this paragraph. If to Alliance Health: Attention: Robert Robinson, CEO 5200 West Paramount Parkway Suite 200 Morrisville, North Carolina 27560 RRobinson@AllianceHealthPlan.org If to Orange County: Attention: Travis Myren, Orange County Manager P.O. Box 8181 Hillsborough, North Carolina, 27278 SECTION 14. AUDIT RIGHTS. Alliance shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of the Program described herein. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, the County must make the materials to be audited available within two (2) weeks of the request for them. SECTION 15. NON-DISCRIMINATION - EQUITABLE TREATMENT OF PARTICIPANTS. The County shall not discriminate in their treatment of participants in the program based on participants’ health status, source of payment, cost of treatment or participation in a health benefit plan, genetic information, or ethnicity. Further, the County agrees that Lesbian, Gay, Bisexual, Transgender, or Questioning (LGBTQ) participants who obtain covered services shall not be subject to treatment or bias that does not affirm the member’s identifying orientation. SECTION 16. CONFIDENTIALITY. 16.1 Health Insurance Portability & Accountability Act of 1996 (“HIPAA”). The County explicitly acknowledges and understands that it is required to comply with any and all applicable laws relating to privacy and/or security of protected health information (“PHI”) or other healthcare, public assistance or social services information, including but not limited to HIPAA and its implementing regulations, 45 CFR Parts 160, 162 & 164, as further expanded by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which was adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” (Public Law 111-5) and any subsequent modifications thereof, the Substance Abuse Confidentiality regulations set forth in 42 CFR Part 2, N.C.G.S. § 122C-51, et seq., N.C.G.S. § 108A-80,10A NCAC Subchapter 26B, and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005). 16.2 Confidentiality of Other Information (Non-PHI). “Confidential Information” shall mean any materials, written information, and data marked “Confidential” by Alliance or non-written information and data disclosed by Alliance that is identified at the time of disclosure to the County as confidential but shall not include PHI or healthcare, public assistance or social services information protected by the laws cited in Section 4, above, which is covered by the Business Associate Agreement attached hereto and incorporated herein. County shall take affirmative measures to protect Confidential Information, and, to the extent permitted by law, to maintain the Confidential Information in strict confidence for a period of three (3) years from the date of termination of this Contract. The term “Confidential Information,” as used herein, does not include any information which: (a) meets the definition of a public record under the NC Public Records Law; (b) is in the public domain; (c) has been made public other than by acts by the County in violation Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 of this Contract; (d) that is independently known, obtained or discovered by the County; (e) that is hereafter supplied to the County by a third party without restriction; or (f) becomes available to County on a non- confidential basis. SECTION 17. AVAILABILITY OF FUNDS. Alliance may terminate this Agreement if Federal, State or other government funds allocated for the purposes of this Agreement are revoked or terminated in a manner beyond the control of Alliance. If Federal, State or other government funds are reduced in a manner beyond the control of Alliance, Alliance will notify the County and provide payment to the County for Qualified Expenses expended under this Agreement up to the time of reduction. County hereby acknowledges and agrees that Alliance shall not be liable to the County for any loss of Federal, State or other government funds in the event of the revocation, termination or reduction of the same or for any other payments or damages arising from a lack of funding, including, but not limited to, general, special or consequential damages. [Remainder Left Intentionally Blank] Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 IN WITNESS WHEREOF, Alliance and the County have authorized this Agreement to be executed and attested by their undersigned officers, to be effective from and after the date first written above. ORANGE COUNTY ____________________________________ ____________________ Travis Myren, County Manager Date ALLIANCE HEALTH ____________________________________ ____________________ Robert Robinson, CEO or Designee Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ____________________________________ ____________________ Finance Officer, Alliance Health (or Designee) Date Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184 9/26/2025 | 11:10 AM EDT Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 10/8/2025 Attachment 1 – Scope of Work Name of Program/Services Orange County Crisis Assistance, Response and Engagement (CARE) Team Pilot Description of use of funds: The CARE team is a joint collaboration between Orange County and the Chapel Hill Police Department and will launch in Fiscal Year 2025. In the 2-year pilot phase, it will only serve Chapel Hill, but with an Evaluation being conducted of the Pilot by UNC’s School of Government Criminal Justice Innovation Lab, the goal is to launch it county-wide with all law enforcement agencies in in 2026. The CARE Team will be comprised of a 3-member mobile response team: a crisis counselor, a peer support specialist and an EMT. In addition, a crisis counselor embedded in the 911 Call Center will be the 4th member of the team. The mission is to provide a more appropriate response to certain 911 calls. This will also increase therapeutic interventions and direction to resources while ensuring the safest and best immediate response. Required Elements of the Program/Service The Care Team must: • Respond immediately in lieu of law enforcement to behavioral health and low level, non-violent offense 911 calls as designated by the Chapel Hill Police Department and 911 Call Center. • During the Pilot, the CARE Team is restricted to Chapel Hill crisis calls. • After the Pilot is expanded, the CARE team will be available to all county crisis calls that fit the CARE team criteria. • Crisis response must include an EMT, Crisis Counselor and peer support specialist. • Harm reduction education and supplies will be provided. • Transportation and Referrals can be made to other services and supports. • Follow up engagement will be included. • Educate the community and other local providers about their services. • Participate in local Alliance Crisis Collaboratives. • Respond to Chapel Hill crisis calls no matter the individuals county of residence or payer source and serve individuals of all ages presenting with MH/SU/IDD and/or TBI. Collaboration • Supervision of the staff for the Pilot will be provided by the Chapel Hill Police Department Crisis Unit and EMS Town of Chapel Hill • Orange County: Emergency Services and CJRD • Alliance Health • UNC School of Government Criminal Justice Innovation Lab Where there is exchange of PHI or ePHI as a part of the services delivered, the Care Team shall obtain a release of information from the individual and/or legally responsible person. Business Associate Agreements will be executed if deemed necessary. Outcome Data In the 2-year pilot phase, program evaluation of the Pilot will be conducted by UNC’s School of Government Criminal Justice Innovation Lab. Pilot data will be used to determine the comparative cost savings and utilization of resources as compared to Mobile Crisis Management billing in cases where that service could have occurred, as well as to identify barriers that would need to be overcome in service provision. The goal is to launch this program county-wide with all law enforcement agencies in 2026. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 Reporting Requirements Monthly and Quarterly programmatic reports should be submitted to the Program Manager. Orange County shall submit monthly and quarterly reports to bhopf@alliancehealthplan.org who will then submit the reports to DHHS by the 15th of the month following the quarter which will include the following elements: 1. Programmatic design planning 2. Programmatic updates (staffing, operations, contracting etc.) 3. Risks/barriers 4. Data as agreed upon by the CARE team, DHHS and Alliance. Finance FY 2026: An amount not to exceed $790,640.00 annual operating costs, subject to the Department Allocation Letter 26-A-51. Eligible expenditures must be incurred during the period of July 1, 2025 through June 30, 2026. If Contractor is found to be underutilizing funds, Alliance Health reserves the right to adjust allocation amount. Contractor must spend contracted funds in accordance with approved budget and (if applicable) HHS Grant Policy Statements. See https://www.hhs.gov/grants-contracts/grants/grants-policies-regulations/index.html for additional information. Invoicing Orange County will not be reimbursed for state and county sales tax paid that is eligible for reimbursement directly from the State of North Carolina. Except for payroll expenses, invoices must be based on actual expenses incurred (no accruals per funding requirements). Orange County must submit expense invoices by the 20th calendar day of the following month. Invoice must be on the Alliance Non-UCR Invoice Template, exclude sales tax paid and include supporting documentation. The required invoice template will be provided by Alliance Provider Network Staff or is available on the Alliance website. See “Invoice and Travel Expense Reimbursement Requirements” located on the Alliance website for additional information and requirements related to submitting expense invoices. Supporting documentation must include general ledger detail to support all expenses. Supporting documentation is required for payroll expenses, travel expenses and costs paid on behalf of a participant. For example, payroll reports, mileage logs, itemized receipts, check request forms, etc. If proper supporting documentation is not provided with the invoice, the invoice will be held until supporting documentation is received. If the invoice is not received timely or supporting documentation is not received within five days after it is requested, the invoice will be held until the end of the fiscal year pending availability of funds. Payment of invoices will be made via electronic funds transfer. Invoices should be emailed to Alliance Health by the 20th calendar day of the following month at: AccountsPayable@AllianceHealthPlan.org *To accommodate Fiscal Year End funding deadlines, all FY26 invoices must be received by Alliance for processing by July 15, 2026. Payment for invoices submitted after this date is not guaranteed. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 Please reference the assigned Alliance Health Project ID Number (see Attachment 2) when submitting invoices. If your organization has multiple Contracts, the assigned Alliance Health Project ID Number(s) for each Contract must be invoiced separately. Multiple Project IDs cannot be on the same invoice. If the contract is an hourly rate agreement, invoices must be broken down in detail with the description of service(s), the number of hours by each person(s), and the applicable rate(s) for all charges accordingly. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 Attachment 2 – Alliance Non-UCR Invoice Template Download the Alliance Non-UCR Invoice Template: https://www.alliancehealthplan.org/resources/document-library/ Please reference the assigned Alliance Health Project ID Number (see below) when submitting invoices. Contract Number: 26-0090 Project ID Number: Start Date: July 1, 2025 Completion Date: June 30, 2026, unless extended by Alliance. Docusign Envelope ID: 0DFB3C57-21CD-48D6-A002-1A25306D8184 SCT26-51-0001 Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Alliance Health Vendor Contact Person: Rob Robinson Phone: Address: 5200 West Paramount Parkway, Suite 200 City Morrisville State: NC Zip: 27560 Department: County Manager Amount: $790,640 Purpose: CARE Team Budget Code(s): 30757505-443110-71501 Vendor # 67641 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 10/7/25); 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. 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: 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: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 10/8/2025 10/9/2025 NC DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Mental Health, Developmental Disabilities and Substance Use Services JOSH STEIN • Governor DEVDUTTA SANGVAI • Secretary 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 22, 2025 MEMORANDUM Allocation #: 26-A-51 UEI #: WX6EEKYAMG77 TO: Rob Robinson, Chief Executive Officer Alliance FROM: Deidra Oates, Business Allocations Manager DMHDDSUS RE: Behavioral Health Investments Special Savings Funding Non-UCR for Orange County Mobile Crisis and Law Enforcement Co-Response Pilot SFY26 Alliance is allocated $790,640 in Behavioral Health Investments Special Savings 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, 2025 through June 30, 2026. 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 Plans are underutilizing funds, the Division reserves the right to make a mid-year adjustment in allocations. Docusign Envelope ID: 110C5B7D-DB75-493A-B8A8-C081AED27025Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 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 Plans 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. 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. 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. Monthly and Quarterly programmatic reports should also be submitted to the Program Manager. Docusign Envelope ID: 110C5B7D-DB75-493A-B8A8-C081AED27025Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5 3 FUND ALLOCATION: NCFS: Agency Budget Fund Account Agency Mgmt. Unit (AMU) Agency Program Funding Source Project Amount 3000 231013 56900100 30TB183 300003B 2000 2000400000 $790,640 Please do not hesitate to contact Jessica Kornegay at jessica.kornegay@dhhs.nc.gov 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: 110C5B7D-DB75-493A-B8A8-C081AED27025Docusign Envelope ID: 0782F82F-EB3E-432B-A7FD-F95FFB3A92A5