HomeMy WebLinkAboutThurston-Mason Behavioral Health Administrative Service Organization (TMBH-ASO) - Interlocal Agreement THURSTON-MASON BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICE ORGANIZATION (TMBH-ASO)
INTERLOCAL AGREEMENT (ILA)
WITH
MASON COUNTY
Entity: Mason County
Contact: Mark Neary Title: County Administrator
Phone: (360)427-9670 ext.530 Email. mneary@masoncountywa.gov
Mailing Address:
ILA Number: 2024-MC-ILA Start Date: January 1,2024 End Date: December 31,2024
Thurston-Mason BH-ASO Contacts:
Tara Smith,Finance Director Phone: 360.763.5809 Email: tara.smith@tmbho.org
Mark Freedman,ASO Administrator Phone: 360.763.5791 Email: Mark.freedman@tmbho.org
Mailing Address: 670 Woodland Square Loop SE Ste 301 Lacey WA 98503
TOTAL FUNDING FOR ILA PERIOD: $175,000
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.
®Exhibit C: Business Associate Agreement(BAA)
BMW
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 hereinafter"Contractor." This ILA governs the work to be and supersedes and replaces any previously executed
general terms and conditions,program contracts,or other agreements as of the start date below.
Con trac r Signature: Printed Name and Title: Date:
/�� `(Zahc1 Nea�ne�l�n �,�na�r � •0I 2-024
Thurston ason BH- O Signature: Printed Name and Title: Date:
��� �✓ Mark Freedman,ASO Administrator
Approved as to Formby,Fred A.Johnson,TMBH-ASO Legal Counsel, February 15,2022
2024 MC-ILA Page 1 of 8
THIS AGREEMENT, is made and entered by and between Mason County, hereinafter referred to
as "COUNTY" 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 Mason
County Clerk's Office, the Mason County Superior Court, the Mason County Prosecutor's Office,
and the Mason County Office of Public Defense for those individuals involuntarily detained to
Mason County due to a behavioral health disorder per chapters 71.05 and 71.24 RCW.
2. DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2024, and shall terminate on December 31, 2024,
unless otherwise amended or renewed. This agreement may be extended for a period not to
exceed three(3)months for the purpose of accommodating amendments and revisions pursuant
to a renewal or replacement of this agreement. The Extension shall be in writing and agreed upon
by the County and TMBH-ASO prior to the termination date set forth herein.
This agreement supersedes any other agreement for the reimbursement of judicial services for
individuals involuntarily detained effective on or after January 1, 2024.
3. SERVICES
Services to be provided are those defined in chapters 71.05 and 71.24 RCW. Involuntary
Treatment Court will be provided as established by a majority vote of the sitting judges of Mason
County Superior Court hearings and may be held either remotely via approved video streaming
service or in person at the location of the Evaluation and Treatment Facility. Jury trials shall be
held at the Mason County Courthouse. The location of the Evaluation and Treatment Facility 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
Facility location and the Superior Court.
Additionally, the judges of the Mason County Superior Court, by majority vote, may authorize
behavioral 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;
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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 court services shall be in accordance with RCW 71.05,730:
A countywide rate per case of$817 is set for the period of January 1, 2024, through December
31, 2024. The rate is based on an average of the expenditures per case for judicial services for
civil commitment cases within the county over the past three years, excluding indirect costs.
A civil commitment case is defined in RCW 71.05.730(3)(a): all judicial hearings related to a single
episode of hospitalization or less restrictive alternative treatment,except that the filing of a petition
for a one hundred eighty-day commitment under this chapter shall be considered to be a new
case regardless of whether there has been a break in detention.
The number of filings shall be documented and submitted with each invoice.
The total amount of this contract shall not exceed $175,000.
Thurston Mason BH-ASO reserves the right to withhold payment until such time that adequate
back up documentation is provided to support the invoice. The number of filings will be reviewed
every six months to evaluate the need to adjust the contract maximum amount for the total number
of filings expected.
The Mason County Clerk is authorized to provide information in order for TMBH-ASO to pay for
Thurston 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 71.05.730 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 Clerk, if provided in the court file, is authorized
to provide:
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
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10. Defense Attorney
5. INVOICING FOR SERVICES RENDERED
The COUNTY will provide a quarterly invoice for services provided to TMBH-ASO. Invoices must
be accompanied by case filing information. The invoice is due by the 101h of the month following
the end of the quarter. Invoices shall be submitted to invoices antmbho.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.
Pursuant to RCW 71.05.740,All behavioral health administrative service organizations in the state
of Washington must forward historical behavioral health involuntary commitment information
retained by the organization, including identifying information and dates of commitment to the
authority. As soon as feasible, the behavioral health administrative services organizations must
arrange to report new commitment data to the authority within twenty-four hours. Commitment
information under this section does not need to be resent if it is already in the possession of the
authority. Behavioral health administrative services organizations and the authority shall be
immune from liability related to the sharing of commitment information under this section.
The Clerk of the Court must share commitment hearing outcomes in all hearings under this
chapter with the local behavioral health Administrative Services Organization that serves the
region where the Superior Court is located, including in cases in which the Designated Crisis
Responder investigation occurred outside the region. The hearing outcome data must include the
name of the facility to which the person has been committed
7. CONFIDENTIALITY
The Parties shall use Personal Health Information (PHI) only for the purpose of the services
outlined in this Agreement. TMBH-ASO, county employees, 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, is
in compliance with federal state and local laws, including, but not limited to codes of conduct
governing the individual parties. 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 Clerk shall protect all PHI, records, and data from unauthorized disclosure in
accordance with all applicable federal, state, and local laws regarding HIPAA confidentiality
requirements.
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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
attorney's 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,
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,
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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.
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.
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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 and twenty 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
IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials
thereof on the day of LS Lt h -(Ll , 2024.
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Boar of County Commissioners Thurston-Mason Behavioral Health
Mason unty, Washington Administrative Services Organization
Governing Board
Ran Neatherlin, hair
%�_ Kevin Shutty, Chai
Kevin Shutty, fe-Chair
CarolinoLMejia, Vice-Chair
Sharon Trask, Commissioner
ily CI se, Commissioner
Approved as to Form
Tim Whitehead, Chief Deputy
Prosecuting Attorney
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