HomeMy WebLinkAboutThurston-Mason Behavioral Health Administrative Service OrganizationTHURSTON-MASON BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICE ORGANIZATION (TMBH-ASO)
INTERLOCAL AGREEMENT (ILA)
WITH
Entity:
Contact:
Mason County Public Defense
Peter Jones
Phone:
360-427-9670
Mailing Address:
Title:
Director
Email:
Peteri@co.mason.wa.us
410 N. 4th St., #B Shelton, WA 98584
ILA Number:
2022-MC-PD-01 Start Date: January 1, 2022
Thurston -Mason BH-ASO Contacts:
Tara Smith, Finance Director
Mark Freedman, ASO Administrator
Mailing Address:
End Date:
December 31, 2022
Phone: 360.763.5809 Email:
Phone:
360.763.5791
612 Woodland Square Loop SE Ste 401 Lacey WA 98503
tara.smith@tmbho.org
Email:
TOTAL FUNDING FOR ILA PERIOD:
$50,000
mark.freedman@tmbho.org
INCORPORATION OF EXHIBITS AND ATTACHMENTS
The Provider shall provide services and comply with the requirements set forth in the following attached exhibits, attachments, or
any other materials which are incorporated herein by reference. To the extent that the terms and conditions of any Exhibit or
Attachments conflicts with the terms and conditions of this base contract, the terms of this Contract shall control.
NExhibit C: Business Associate Agreement (BAA)
This ILA is entered into in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a
signed original for all purposes, between Thurston Mason Behavioral Health Administrative Service Organization, hereinafter "TMBH-
ASO" and Mason County Public Defense Office hereinafter "Contractor." This ILA governs the work to be performed and supersedes
and replaces any previously executed general terms and conditions, program contracts, or other agreements as of the start date
below.
Contractor Signature:
Printed Name and Title:
Date:
AI
Thursgo512Masop$H-A5o Stature:
Printed Name and Title:
Mark Freedman, ASO Administrator
Approved as to Form by, Fred A. Johnson, TMBH-ASO Legal Counsel, February 15, 2022
2022 MC-PD-01 ILA
Page 1 of 7
THIS AGREEMENT, is made and entered by and between Mason County Public
Defense, hereinafter referred to as "MCPD" and the Thurston -Mason Behavioral Health
Administrative Services Organization, a quasi -governmental entity formed pursuant to the
Interlocal Cooperation Act, chapter 39.34 RCW, hereinafter referred to as "TMBH-ASO."
1. PURPOSE
The purpose of this Agreement is to define and fund judicial services provided by the MCPD 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, 2022, 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 TMBH-ASO, 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;
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
Page 2 of 7
2022_ M C-P D-01 _ILA
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 the MCPD and any additional staff support
necessary to perform these services. Number of filings shall be documented and submitted with
each invoice. Total amount shall not exceed $50,000 annually based on historical actual court
costs Thurston-Mason-BH=ASO-reservesthe-right-tawithhold-payment-until-such tinte 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.
Mason County Public Defense is authorized to provide information in order for TMBH-ASO to
pay for Mason County for judicial services as provided for in RCW 71.05 and related audit
functions or for seeking reimbursement for judicial services as provided for in RCW 71.05.73.0
from the BH-ASO that serves the county residence of the individual who is the subject of the
Civil Commitment Case and related audit functions. Mason County Public Defense is
authorized to provide if provided in the court file:
1. Name of Person
2. Date of Birth
3. Case Number
4. Date of Hearing
5. Type of Hearing
6. Facility
7. Judicial Officer
8. Clerk
9. Prosecuting Attorney
10. Defense Attorney
5. INVOICING FOR SERVICES RENDERED
The MCPD will provide a quarterly invoice for services provided to TMBH-ASO, including a
cover page itemizing MCPD Attorneys and Staff services rendered and copies of the monthly
ITA Billing Forms and detailed time records from MCPD contract attorneys. The invoice is due
by the 10th work -day of the month after the end of the preceding fiscal year quarter. Invoices
shall be submitted to invoices@tmbho.org.
6. COMPLIANCE WITH LAWS
Each Party shall comply with all applicable federal, state, and local laws, rules, and regulations
and will maintain all necessary certifications, licenses, and accreditation that may be required to
perform such Party's obligations under this Agreement.
7. CONFIDENTIALITY
2022_MC-PD-01_ ILA
Page 3 of 7
The Parties shall use Personal Health Information (PHI) only for the purpose of the services
outlined in this Agreement. TMBH-ASO, MCPD, or any other service provider shall not
disclose, transfer, or sell any such information to any other Party, except as provided by law, or
in the case of PHI, without the written prior consent of the person to whom the PHI pertains. The
Parties also agree not to use or disclose PHI other than as permitted or required by this
Agreement, HIPAA, and the Health Information Technology for Economic and Clinical Health
Act (HITECH). The Parties shall use and disclose PHI only if such use or disclosure,
respectively, in compliance with each applicable requirement of 45 CFR Section 164.504(e) and
RPC 1.6. The Parties shall maintain the confidentiality of all PHI and other information gained
by reason of this Agreement and shall return or certify the destruction of such information if
requested in writing by the Party to this Agreement that provided the information.
TMBH-ASO and MCPD shall protect all PHI, records, and data from unauthorized disclosure in
accordance with RCW 70.96A, WAC 388-877, and 42 CFR Part 2, Part 431, and Part 160 and
164 regarding HIPAA confidentiality requirements.
8. HOLD HARMLESS AND INDEMNIFICATION
Each Party to this Agreement shall be responsible for its own wrongful and negligent acts or
omissions, or those of its officers, officials, agents, or employees to the fullest extent required by
law, and shall indemnify, defend, and hold the other Party harmless from and against all claims,
suits, actions, liabilities, losses, expenses, damages, and judgments including costs and
attorneys fees, for injury, illness, disability, or death to any person or persons or damage to
property caused by, arising out of, or resulting from the performance of this Agreement by the
Party, that Party's officers, officials, agents, and/or employees.
In the case of negligence of more than one Party, any damages allowed shall be levied in
proportion to the percentage of negligence attributable to each Party, and each Party shall have
the right to seek contribution from the other Party in proportion to the percentage of negligence
attributable to the other Party.
9. INSURANCE
Each Party shall, at its own cost and expense, obtain and maintain in force during the term of
this Agreement professional and general liability insurance with limits of $1,000,000 per
occurrence, $3,000,000 annual aggregate. Such insurance shall be provided by insurance
company (ies) or self-insurance mutually acceptable to the parties. Each Party shall provide the
other with a certificate of insurance (or copy of the insurance policy) verifying such coverage
upon the other Party's request.
10. THIRD PARTY CLAIMS HOLDING
A. The Party seeking indemnification hereunder shall promptly notify the other Party from
whom indemnification is sought in writing of any claim asserted against it and promptly
deliver a true copy of any summons or other process, pleading or notice issued in any
lawsuit or claim.
B. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying Party,
Page 4 of 7
2022__ M C-P D-01 _ILA
said Party reserves the right to control the investigation, trial and defense of such lawsuit or
action (including all negotiations to effect settlement), any appeal arising from it and employ
or engage attorneys of its own choice.
C. The Party seeking indemnification may, at its sole cost, participate in such investigation, trial
and defense of such lawsuit or action and any appeal arising from same.
D. Each Party to this Agreement, its employees, agents, servants and representatives shall
provide full cooperation to the other at all times during the pendency of the claim or lawsuit,
including, without limitation, providing one another with all available information concerning
the claim.
11. NONDISCRIMINATION
TMBH-ASO, 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.
12. 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.
13. 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
TMBH-ASO.
14. CHOICE OF LAW, JURISDICTION AND VENUE
A. This Agreement 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 Agreement 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 Agreement shall be
instituted and maintained only in any of the courts of competent jurisdiction in Mason
County.
2022 MC-PD-01 ILA Page 5 of 7
15. SEVERABILITY
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.
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.
16. 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.
17. 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.
18. AMENDMENT
All amendments to this Agreement shall be in writing and mutually agreed upon and signed by
both Parties.
19. TERMINATION
This Agreement may be terminated by either party by giving (120) one hundred days written
notice of termination to the other Party.
20. 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.
21. NOTICES
Any notices shall be effective if personally served upon the other Party or if mailed by registered
or certified mail, return receipt requested, to the addresses set out on the cover page. Notice
may also be given by facsimile with the original to follow by regular mail. Notice shall be
deemed to be given three days following the date of mailing or immediately if personally served.
For service by facsimile, service shall be effective upon receipt during working hours. If a
facsimile is sent after working hours, it shall be effective at the beginning of the next working
day.
2022_M C-P D-01 _ILA
Page 6 of 7
IN WITNESS WHEREOF the parties have a ecuted this Agreement by authorized
officials thereof on the 711/ day of ,P arc% , 2022
Mason County Public Defense
Peter Jones, Director
Thurston -Mason Behavioral Health
Administrative Services Organization
Governing Board
Kevin• h ty, C = ir
Tye
enser,
Gary E
e Chair
ards, Commissioner
2022 MC-PD-01 ILA Page 7 of 7