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Home My WebLink AboutThurston-Mason Behavioral Health MC Contract #20-015 THURSTON-MASON BEHAVIORAL HEALTH GOVERNING BOARD AGREEMENT ► "C T H U R S T O N-MASON Involuntary Commitment JudicialServices Behavioral Health Organization LLC THIS AGREEMENT,is made and entered by and between Mason County Superior Court,hereinafter referred to as "Superior Court"and theThurston-Mason Behavioral Health Organization,a quasi-governmental entity formed pursuant to the Interlocal Cooperation Act,chapter 39.34 RCW, hereinafter referred to as "TMBHO", hereinafter collectively referred to as the"Parties". PARTIES TO THE CONTRACT THURSTON-MASON BEHAVIORAL HEALTH MASON COUNTY SUPERIOR COURT ORGANIZATION,LLC Robyn Lockwood, Mark Freedman, CEO Court Administrator Thurston-Mason Behavioral Health Organization,LLC Mason County Superior Court 612 Woodland Square Loop SE,Suite 401 PO Box X, Lacey, WA 98503 Shelton, WA 98584 Phone: 360-763-5791 Phone: (360) 427-9670 ext. 206 Email: mark.freedman@tmbho.org Email: RL@co.mason.wa.us AGREEMENTSTARTDATE AGREEMENT END DATE Upon Signature December 31,2020 By their signatures below, the parties agree to the terms and conditions of this Agreement and all documents incorporated by reference. No other understandings or representations,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties.The parties signing below certify that they are authorized to sign this Agreement and acknowledge that the waiver of immunity set out in Section 6.h. was mutually negotiated and specifically agreed to by the parties herein. TMBHO SIGNATURE PRINTED NAME AND TITLE DATE SIGNED 7z/%//y COUNT SIGNATURE PRINTED NAME ANDTITLE DATE SIGNED r 'r Approved as to Form: Fred Johnson,TMBHO Attorney TMBHO&Superior Court Interlocal Agreement draft One 1Iz) �� = E, Thurston-Mason Behavioral Health Organization and Mason County Superior Court Involuntary Commitment Judicial Services INTERLOCAL AGREEMENT THIS AGREEMENT, is made and entered by and between Mason County Superior Court, hereinafter referred to as "Superior Court" and the Thurston-Mason Behavioral Health Organization, a quasi-governmental entity formed pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, hereinafter referred to as "TMBHO." 1. PURPOSE The purpose of this Agreement is to define and fund judicial services provided by Superior Court for those individuals involuntarily detained to Mason County due to their mental disorder per chapters 71.05 and 71.24 RCW. 2. DURATION OF AGREEMENT This Agreement shall become effective on date signed by both parties to this Agreement, and shall terminate on December 31, 2020, unless otherwise amended. 3. SERVICES Services to be provided are those defined in chapters 71.05 and 71.24 RCW. Location of Involuntary Treatment Court will be at the Mason County Evaluation and Treatment Facility in addition to those judicial services provided at the Mason County Courthouse. This location is: a. Mason County Evaluation and Treatment Facility 307 West Cota St, Shelton, WA 98584 The Court shall operate two to three days a week or as necessary to meet the statutory requirements. Days and hours shall be determined by TMBHO, the Treatment Provider at the Court location and Superior Court. Additionally, at this site, the judges of the Mason County Superior Court by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following duties: a. Receive all applications, petitions, and proceedings filed in the Superior Court for the purpose of disposing of them pursuant to this chapter; TMBHO& Superior Court Interlocal Agreement draft One 2 I I' ;� b. Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter; c. For the purpose of this chapter, exercise all powers and perform all the duties of a Court Commissioner appointed pursuant to RCW 2.24.010; d. Hold hearings in proceedings and make written reports of all proceedings under this chapter which shall become a part of the record of Superior Court; e. Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and f. Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court. 4. Funding Funding for these court services shall be based on the cost of direct services as described in chapter 71.05 and 71.24 RCW provided by Superior Court and any additional staff support necessary to perform these services. Direct service staff time shall be documented and submitted with each invoice. Total amount shall not exceed $50,000 annually based on historical actual court costs. Thurston Mason BHO reserves the right to withhold payment until such time that adequate back up documentation is provided to support the invoice. Funding level and capacity will be reviewed every six months to adjust for actual cost. If necessary, $25,000 is approved for actual costs including costs associated with supplies, equipment, trials, jury expenses and other actual expenses, and these expenses shall be verified through documentation. 5. NONDISCRIMINATION TMBHO, its assignees, delegates or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 6. WITHDRAWAL Any party hereto shall have the right to withdraw from this Agreement at any time, PROVIDED that the remaining party to this Agreement shall have received written notification of the other party's intention to withdraw at least 120 days prior to the proposed effective date of such withdrawal; and PROVIDED FURTHER, that such notification is received at least 120 days prior to the expiration of the current fiscal year period. TMBHO &Superior Court Interlocal Agreement draft One 3 I ,, 7. PROHIBITION AGAINST ASSIGNMENT The obligations and duties under this Agreement shall not be assigned, delegated, or subcontracted to any other person, firm or entity without the prior express written consent of the TMBHO. 8. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County. 9. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 10. COUNTERPARTS This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. This Agreement shall be effective upon its execution by the two named Parties. 11. FILING OF AGREEMENT A copy of this Agreement shall be filed with the County Auditor of Mason County or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source, as required by RCW 39.34.040. 12. AMENDMENT All amendments to this Agreement shall be in writing and mutually agreed upon and signed TMBHO &Superior Court Interlocal Agreement draft One 4 I I' : s; r by both Parties. 13. TERMINATION This Agreement may be terminated by either party by giving (120) one hundred days written notice of termination to the other Party. 14. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the 4-/ day of a , 2019 Mason County Superior Court Thurston-Mason Behavioral Health Organization Governing Board Apiisfroa t !ding Judge DANIEL . GOODELL John Hutchings, Chair Mason County Board of County Commissioners Kevin Sputty, is Chair Randy'Neatherlin Co m. District 1 t r Tye Menser, Commissioner Alrftg Kevin Shutty, V omm. District 2 Sharon Trask, Comm. District 3 TMBHO &Superior Court Interlocal Agreement draft One 5 P <a