HomeMy WebLinkAbout2015/09/15 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
September 15, 2015
1. Call to Order—The Chairperson called the regular meeting to order at 9:05 a.m.
2. Pledge of Allegiance— Mr. Tim Whitehead led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neather|in; Commissioner District 2 —Tim
Sheldon was absent; Commissioner District 3 —Terri Jeffreys.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 The Department of Transportation sent a letter regarding annual updates and accomplishment
reports.
4.1.2 The Liquor Control Board sent marijuana license application for Bomar Holdings and list of
businesses with marijuana and liquor licenses due to expire in BO days and notice that The
P4uze Restaurant has discontinued sales and service ofalcohol,
5. {}pen Forum for Citizen Input—
5.1 Bill Stevenson from IFiberCommunicatiuns introduced Jeff Chew. They are the new press in
town. There are four inthe office right now and possibly more in the future.
6. Adoption of Agenda ' Cmmmmr. Jeffreys/NeatherUinmoved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-aye; J-aye.
7. Approval ofMinutes — August 24 briefing minutes and September 8, 2O1S regular meeting minutes
Cnmmmr. Jeffreys/Neatherlinmoved and seconded to approve the August 24 briefing
minutes and September regular meeting minutes. Motion carried unanimously. N-aye;
S-aye; 3-aye.
8. Approval of Action Agenda:
8.1 Approval of the Veterans Assistance Fund Applications for Food $150.00 and Housing $2,340.00
fora total of $2/490.00 as recommended bv the Veterans Service Office.
8.2 Approval of the resolution adopting the Thurston Mason Behavioral Health Organization (BHO)
Inter|oca| Agreement. This BHOwi|| replace the existing Regional Support Network.
Resolution 42-15 (Exh|bit A)
Cnnmr. Jeffreys explained the state required RSN and now the new BH0. She said Mason
County now has additional funds to provide additional services. She said this is big victory.
Cmmmnr.Jeffreys/NeatherYin moved and seconded to adopt action items 8.1 and 8.2.
Motion carried unanimously. N-aye; S-aye; J-aye
9. 9:30 a.m. Public Hearings and Items Set for n Certain Time—Thene are no public hearings.
18. Other Business (Department Heads and Elected Officials) —
1O.1 Justin Smith, VVSU Ext, gave quick update.
10.2 Vicki Kirkpatrick, Public Health and Human Services, read the proclamation for September 21O5
National Recovery Month. She also thanked the Board for their support of developing the BHD.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
September 15, 2015 - PAGE 2
11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
R dy Neatherlin, Chair
ATTEST: Tim Sheldon, Commissioner
11��L'
ClerV of the Board Terri Jeffrey iCo missioner
Exhibit A
g y tWr
R8�n°.s oi,u sort -
A Resolution establishing the Thurston Mason Behavioral Health aonm
replacing Mason County Code Chapter 2.12
WHEREAS, RCW 71.24.015 encourages county authorities (as defined in
71.24.`025 (3) effective April 1, 2016)to enter into joint operating agreements with, roih�er county
authorities to form Behavioral Health Organizations, and
WHEREAS, chapters 71.05 and 71 24 RCW allow counties and other entities to
establish Behavioral Health Organizations to integrate planning, administration, and ewice
delivery duties assigned to:she Counties; and
WHEREAS, Thurston and mason Counties agree to enter into an Interlocal Agreement
under the authority of the Interlocal Cooperation Act, chapter 39,34 RC'VV;
WHEREAS, the purpose of this Agreement is to establish a Behavioral Health
Organization to carry out the responsibilities of a Behavioral Health Organization as defined in
RCW 71.24,300. The Thurston Mason behavioral Health Organization ("TMUHO") established
by the terms of this Agreement is the successor to and is intended to replace the Thurston
Mason Regional Support Network,: created by lnterlocal Agreement between Thurston County
and Mason County dated October 21, 1980 and replaces Mason County Code CF3apl.e.r 2.12 in
its entirety;
NOW,THEREFORE BE IT RESOLVED that Mason County Will enter into and sign the
Interl'ocal Agreement (Attachment A) with Thurston County establishing the Thurston Mason
Behavioral Health Organization.
Dated this 15th day of September, 2015.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy�Neatherlin, Chair
Julie Almanzor, Clerk of the Board; r
APPROVED AS TO FORM: Tim Sheldon, Commissioner
Tim White -6,"Chief DPA Terri Jeffreys, kmml sioner
3.\RESOLtJ-i-IONS& 1R�DII .'tNCES\RLSOLU l SONS-ORDINANCES Word Fi1es\2015\[B1-I0, Io x
| Thurston Mason Behavioral Health Organ~za,0~0.1"',
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THIS AGREEMENT, made and entered into this day of
2015 by and between Thurston County, @ political sUbdkjSioD of the
Eta�eof Washington, and Mason County, a political subdivision of the State ofVVashington
hereinafter collectively referred to as the 'Counties or County,' under the authority ofthe
Interlocal Cooperation Act, chapter 39.34 RCW, for purposes hereinafter stated.
WHEREAS, RCVV7124.O15 encourages county authorities (as defined inRCVV
7124.025 (3) effective April 1, 2O10) to enter into joint operating agreements with other county
authorities to form Behavioral Health Organizations; and
WHEREAS, chapters 71.O5 and 7124FlCVV allow counties and other entities io
establish Behavioral Health Organizations to integrate planning, adminiatration, and service
delivery duties assigned to the Counties; and
WHEREAS, the Counties have amutual interest informing a Behavioral Hee|th
Organization to plan, coordinate and administer mental health and substance use disorder
services;
NOW, therefore, in consideration of the mutual promises and covenants conlrained
herein, the Counties agree as follows:
ESTABLISHMENT AND ORGANIZATION OF THE BEHAVIORAL HEALTH
ORGANIZATION:
1. PURPOSE
The purpose of this Agreement is to establish a Behavioral Health Organization to carry
out the responsibilities ofa Behavioral Health Organization aadefinedinRCVV71.24.3O0. The
Thurston Mason Behavioral Health Organization (`TMBH[)") established by the terms of this
Agreement is the successor to and is intended to replace the Thurston Mason Regional
Support Network, created by |Vt9doCa|Agreement between Thurston County and Mason
County dated October 21' 198O.
This Agreement between the Counties shall continue uDiOtorruoted. PROVIDED,
however, the Counties agree that each party shall be responsible for prior obligations arid
liabilities arising out of.the operation of programs funded under RCVV Chapter 71.24 prior to
the effective date of this Agreement, and to defend, indemnify and hold harmless each other
participating County from any such prior liability.
2. DURATION KJFAGREEMENT
a. This Agreement shall commence upon final approval of the Counties and -,hall be in
force until such time itio terminated by the participating Counties,
b. Any actions taken by the Counties pursuant to this Agreement on or after October 1,
2O15. are hereby ratified by the Counties and subject to this Agreement.
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3. ORGANIZATION
a. Governing Board: TMBHO shall have a Governing Board Of three membens. One
member shall represent Mason County; two members shall represent Thuraton
County. The Board of County Commissioners for Mason County shall appoint the
member for Mason County. The Board of County Commissioners for Thurston County
shall appoint the two On8rnbens for Thurston County. Governing Board members shall
serve at the pleasure ofthe appointing authorities, The respective oppoinbng
authorities shall also appoint one alternate member for each County. Alternete
members shall have the same authority to attend participate in, and vote et any
meeting of the Governing Board as that County authority's member when the regularly
appointed member is absent from the meeting. Each person so appointed oho||
commence service upon written notification to TMBHO of the name of the appointed
member and alternate member.
1. Except as otherwise provided herein, a simple majority vote by m
quorum of the members of the Governing Board shall be required for
theGovenningBoanitobakoactionorexen:iaeanyofitepovvers.
Ii. Any decision that would solely or disproportionately affect services in
Mason County must receive an affirmative vote by the sitting/appointed
Mason County Board member.
lb� The TMBHO Governing Board shall provide oversight of the functions o','-the TMBHO
Administrator and the TMBHDAdministrative Service Organization operations.
C. ThepovverooftheGovenninQBoardshoUbethoSeneoeosarytotr@nsactthebusiness
of the TK8BHO' including, but not limited to:
i. Subject to section 3.fherein' hiring, evaluating and terminating theTiMIBHO
Administrator.
i|. Revevvng, modifying, approvn0, and adopting policy and procedures developed
and presented by the TMBH(}Administrator or the Governing Board�
iii. Reviewing, modifving, approving, and adopting TMBHD budgets and contracts
developed and presented by the TMBHOAdministrator;
iv. RSYievving, modifying, approving and adopting service delivery plans and
operating plans developed and presented by the TMBH{}Administrator;
vi. /\doptinQTMBM{} bylaws and approving amendments, alterations or repeals ofthe
TMBH[) bylaws. Any such bylaws shall be consistent with this Agreement and shall
be binding on each County; and
vii. Taking any necessary or proper steps to exercise the powers of the Governing
Board.
d. Administrator: Subject to Section 3.fhenein. the TMBHO Administratnrvvi!| be
responsible for ensuring compliance with all applicable atsdUtes, nu|es, regulations,
policies, bylaws and contract provisions.
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e. Advisory Board: There is hereby created a TMBHO Advisory Board consisting of a
OOiOinnu0 of nine members, Each CUUnty, acting through its Board of ("ounty
Commissioners, shall appoint two members to the Advisory Board. The remaining
Advisory Board members shall be selected by the Governing Board andshall have at
minimum:
i. one law enforcement member appointed bveCounty,
ii. one member for Tribal representation,
iii a minimum of51% of the Advisory Board membership are persons, parents or
legal guardians of person, with lived experience and/or self-identified as, a person
in recovery from a behavioral health disorder,
iv. residents of the appointing Counties only.
Th8omrnpoaitionoftheAdvianryBoandshGUbebroadiyrepreaentoUveofthe
demographic character of the Counties and the persons served therein. The Advisory
Board will meet monthly if there is business to be conducted and may rota'Le the
location of these meetings as approved by the Governing Board Each County
authority shall seek local input in selecting its representatives to the Advis"ory Board.
Members uftha Advisory Board shall serve at the pleasure of the County
Commissioners. Appointments to the Advisory Board shall be for three-year terms that
may be repeated with Board of County Commissioner approval. No ernp|oyees,
managers or other decision makers of subcontractors who have the authority to make
policy or fiscal decisions on behalf of the subcontractor shall be on the Advisory Board.
f. Administrative Services Organization Entity: The Governing Board shaU, at
min|nlunn. contract with Thurston County to function as the Administrative Service
Organization in the first year ofoperation. As the Administrative Service Organization
for the TK8BHO' Thurston County is responsible for maintaining mental health and
substance use disorder services and functions of a BHO as required by chapters
70.96' 70.86A. 71.05' 71.24 F<CVVand app|iCeb!eVVACa including, but not limited to,
the following duties:
i. Management Information System;
J. Care Management System;
iii Quality Management System;
iv. Provider Service Network Management;
v Consumer� '
vi. Financial Management;
vii Service Coordination in both Counties; and
viii Grievance System.
g. TIVIBHOFmnds: TMBH{} funds shall be deposited with the Thurston County
Treasurer who shall be the custodian of such funds. The Thurston County Treasurer
may make payments from such funds upon audit by the Thurston Coumv Auditor�s
providedforinRCVV71.241OO, The Thurston County Treasurer shall eatabUoho
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special fund to be designated "Operating Fund of Thurston Mason BHO.^ |nhereat on
investment of TMBHO funds shall accrue for the benefit of said operatingv,'r1d.
h, Attorney: TK8BHO may retain the services ofan attorney when deemed nsceosory
and approved by the Governing Board.
i. Applicable Standards: All services provided Linder the auspices ofthisAgrcement
shall be in accordance with all applicable |avve, rules and psgu|sd|ono, inc�ud�ng' but not
limited to:
@. RCVV3S,34: {ntedons| Cooperation Act
b� F<CVV71.O5: K8*nte| Illness
c. RClV71,24: Community Mental Health Services Ant
d. F7CVU71.34: Mental Health Services for Minors
e, RCVV7O.BO: Alcoholism
f. RCVV 70,96A: Treatment for Alcoholism, Intoxication and Drug Addiction
4. CONFLICT OF INTEREST
The Governing Board and the BHO Advisory Board shall be free from conflicts of interest
and from any appearance of conflicts of interest of personal, professional and fiduciary interests
relating to theTK4BHO and the consumers it serves. MeDlberG, or their immediate family will
have no Co0OlitOOeDt iOVeStn0eOt. obligation, or substantive inVOlYeOlent /fiOanCi@| or
OtheRNiSG\, in any agency contracting with, submitting any prUpOS@lstO. Or is expected
to submit any proposals t0the BH[). /\ former Board member may SUbnOitp[oposa|stO
the BH(] only following a QliniDlUn1 of one fU!| calendar year after the date Of1heir official
departure from either Board,
5. INSURANCE, RISK MANAGEMENT, AND INDEMNIFICATION
a. Risk reserves: TMBHO will maintain Risk Reserve Funds as required by the Regional
Support Network Medicaid (Pre-paid Inpatient Health Plan) and Non-Medicaid contract
with the Gtote.of\0aehington' Department ofSocial and Health Services. |fat any time,
the balance of said Risk Reserve Fund goes below that which is required by the DSHS
Medicaid and Non-Medicaid contract, th8TK8BHO shall immediately give notice to
each party to this Agreement and shall give monthly notices of the current balance of
said Risk Reserve Fund each month thereafter until the balance of said fund meets the
TK8BHO contacted requirements. Risk Reserve Funds shall only be used an a|\nvved in
contract.
b. TMBHO agrees to defend, indemnify, and hold harmless each of the Counties to this
Agreement against any and all claims arising out of the acts or omissions of the
TMBHO staff members.
TMBHO additionally agrees to defend, indemnify, and hold harmless each rot the
Counties to this Agreement against any and all claims brought by TMBHC) Sr[aff
members as a result of their employment, including but not limited to u|eima for
wrongful termination and for violation of employee rights.
o. Claims, based on acts of subcontractors: This paragraph shall not beoonotruedto
oreateanyrightsvvhotsoeverinenyperaonorentityDotapody1othis /\Qreement The
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� sole purpose of this paragraph is to allocate contribution among the Count�s to this
Agreement, iDthe event of claims brought against TMBHOaom result uf�he acts or
omissions ofTMBHO's subcontractors. |tia the intent nf the Counties to this
Agreement that TMBHO is not liable for the acts or omissions of TMBHO's
independent contractors. The TMBHO Governing Board shall include inall
subcontracts provisions requiring subcontractors to defend, indemnify, and, hold
herm|essTMBHO against any and all dairna attributed to the acts or omissions of said
subcontnaotors.
The TMBHO Governing Board shall also require all subcontractors to maintain policies
of general and professional liability insurance with limits of not less than �2,000,000
per occurrence, and $5,000,000 in the aggregate and each such policy s hali name-the
TMBHO' Thurston Cnunh/, Mason County and the State ofWashington an additional
insureds.
id� T0lBHQ Liability Policies As an additional |Eme| of protection, TMBHO mh-ail, with
TMBH(} funda, purchase policies of liability insurance os follows ho cover uQoinmtthe
risk of subcontractor liability:
Governing BoardSKember's Errors and O0m|ssiOni0sunancm: TMIBH[} oh8U
purchase and maintain aGovecning Board members' Errors and Omission
Insurance policy with limits of liability of not less than $1.0DO.00D oonnbined
single limit.
Commercial General Liability Insurance: TMBHO shall purchase and maintain
o Commercial General Liability policy using Insurance Services Office,
"Commercial General Liability" policy form CB OO 01. with an edition date prior to
2004. or the exact equivalent. Coverage for mn additional insured shall not be
limited to its vicarious liability. Defense costs must be paid in addition to limits.
Limits shall be no less than $5,000,000 per occurrence for all covered. Thurston
Countv, Mason County and the State of Washington shall be included as
additional named insureds on such policy and such policy shall include each
County's and/or the 8tate'o officials, employees, agents, and volunteers when
they are performing an official function for TMBHO as authorized by the TMBHO
Governing Board or Administrator. Coverage shall include contractual liability
and employer's liability.
Workers' Cmnnpensebon: TIMBHD shall purchase and maintain a state-
approved policy form providing statutory benefits as required by lmvvvvith
employer's liability limits no less than $1,000,000 per accident for all covered
losses,
Business Auto Coverage: T&1BHD shall purchase and maintain anISO
Business Auto policy utilizing Coverage form CA8O 01 including owned, non-
owned and hired aUtoa, or the exact equivalent. Limits shall be no less than
$1.000.000 per accident, combined single limit. |fT[WBHO owns no vnhio|ee, this
requirement may be satisfied by a non-owned auto endorsement to the general
liability policy described above, |fTMBH[) nrTMBHO'a employees Will use
personal autos in any way with the work ofTW1BHO. TK8BHD shall obtain
evidence of personal auto liability coverage for each such person.
Excess orQrnbmmNa Liability |rISun»nce (Over Prirnary)' !f used tomeet |imi�
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requirements, any excess or umbrella liability policy shall provide Ca-,,,,erage_ at
least as broad as specified for the underlying coverages. Such policy ar policies
shall include as insureds those covered by the underlying policies, including
additional insureds. Coverage shall be "pay on behalf", with deleinse Costs
payable in addition to policy limits. There shall be no cross liability exclusior,
precluding coverage for claims or suits by one insured against anofl)ei. ;overage
shall be applicable to the Counties for injury to employees of T1ME'3.H;(_,',
subcontractors or others involved in the Work. The scope of coveragcv provided
subject to approval of County following receipt of proof of insurance as required
herein.
e. Additional Insurance Stipulations:
1) TMBHO agrees to endorse third party liability coverage required herein to include
as additional insureds the Counties, their officials, employees and agents, and
the State of Washington using ISO endorsement CO 20 10 with an edi'don date
prior to 2004. [if this is a construction contract, ISO endorsement 20 37 also is
required.] TMBHO also agrees to require all contractors, subcontractors, and
anyone else involved in this agreement on behalf of the TMBHO (hereinafter
"indemnifying parties") to comply with these provisions.
2) TMBHO agrees to waive rights of recovery against the Counties, their officials,
employees and agents, and the State of Washington regardless of The
applicability of any insurance proceeds, and to require all iridemnifyir I c,; parties to
do likewise.
3) All insurance coverage maintained or procured by TMBHO or required of others
by TMBHO pursuant to this agreement shall be endorsed to delete tihe
subrogation condition as to the Counties, their officials, employees aink-J agents,
and the State of Washington or must specifically allow the named insu--d to
waive subrogation prior to a loss.
4) All coverage types and limits required are subject to approval, modification and
additional requirements by the Counties. TMBHO shall not make any reductions
in scope or limits of coverage that may affect the Counties' protection without the
Counties' prior written consent.
5) Proof of compliance with these insurance requirements, consisting of
endorsements and certificates of insurance shall be delivered to the Counties
prior to the execution of this Agreement. If such proof of insurance is not
delivered as required, or if such insurance is canceled at any time and no.
replacement coverage is provided, the Counties have the right, but not the duty,
to obtain any insurance it deems necessary to protect their interests. Any
premium so paid by the Counties shall be charged to and promptly paid by
TMBHO or deducted from sums due TMBHO.
6) It is acknowledged by the parties of this agreement that all insurance,, coverage
required to be provided by TMBHO or indemnifying party, is intended, t-r-) apply
first and on a primary non- contributing basis in relation to any other insurance or
self-insurance available to the Counties.
7) TMBI10 agrees not to self-insure or to use any self-insured retentions, on ant'portion of the insurance required herein and further agrees that it will not allow
any indemnifying party to self- insure its obligations to Counties. If TMBHO's
existing coverage includes a self-insured retention, the self-insured retention
must be declared to the Counties. The Counties may review options the
TMBHO, which may include reduction or elimination of the self-insured retenriorl,
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substitution of other coverage, Or other S0|UfiQnS.
8) TMBHO will renew the required coverage annually aSlong as the (C"OUntieS. O[
their employees or agents face an exposure from operations of any ' pe ^
pursuant f0 this agreement. This obligation applies whether Gr not the B�[8ennent
is canceled or terminated for any reason. Termination of this obligation is not
effective until the Counties execute a written statement tO that effect.
B) The limits of insurance 8s described above shall be considered aSDO|Oir(lUnn
requirements. Should any coverage carried by the TMBH(l or subcontractor of
any tier maintain insurance with limits Of liability that exceed the required NmitS or
coverage that is broader than @S outlined above, those higher limits and 't)rO�ader
coverage shall be deemed tO apply for the benefit Of any person orOrganization
included as8n additional insured and those limits shall become thene�Ui[ed
minimum limits Of inSU[@DCe in all Paragraphs and Sections of this AgieerO8nf.
e. Hold Harmless: Each party to this Agreement agnaoo to defend, indemnify �and hold
harmless the other party to this Agreement, its officers, agents, and employees for any
dain0' action' including but not limited to actions for misappropriation of funds, and
provision ofservices, judgment, or lien for injury topersonaorpropertydamaQe,
caused by, resulting from or arising out of the sole negligence of the indamni'l"Ving
party, its oflicera, agents or employees.
6. PROPERTY OF TRDBNO
a. Disposal of Assets Upon Termination: Assets acquired on or after April 1, 201(33,
shall be the property of TMBHO, unless otherwise specified by the Governing Board at
the firne of acquisition of such asset. In the event of termination of this Agreement, all
assets ofTk8BH[). after payment of all C|ai[Os' obligations, and expenses ofTiMBH{}.
shall be distributed to Thurston County and Mason County proportionate to their
respective populations.
The Governing Board shall distribute the assets to Thurston County and Mason
County within six months after the disposition of the last pending claim by T'I\ABHO.
b. Contingent Liabilities: Upon termination, the Governing Board shall complete and
dissolve the business affairs ofTMBHO. If liabilities ofTMBHO at the time of
termination exceed assets, each party shall pay its share of any additional a'.mouints
necessary for final disposition of all claims, as determined according to the contribution
and indemnification principles established in this Agreement and after determining the
appropriate share of third Counties, if any, including but not limited to, contractors of
TK8BH0 and the State.
7. LOCAL ACCESS TC) SERVICES
TMBH{JshaUeaeunamnintegrebydsyotemofcansforpermonainneodofpub|ioaUyfunded
behavioral health care services. TMBHO shall assure local access and a sufficient
network of outpatient community behavioral health services. The TMBHO shall have at
least one licensed mental health center and one licensed chemical dependency service
agency within each County and shall ensure adequate funding for personnel to provide
seven day a week/24 hours per day crisis response in each County.
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8. NOND3SCF0A8INAT0N
TMBHO' its assignees, delegates or subcontractors shall not discriminate against 2any
person in the perronnnnc8 Of any of its obligations hereunder on the basis of nace. color,
oreed, ethnicity, re|igion, national origin, age, sex' marital status, veteran statum, eexua|
orientation or the presence of any disability. Implementation of this provision ShaUbe
consistent with FlCVV48�6D,4OO.
8. FINANCING AND BUDGET
TyWBHO shall be financed from Siate. Federal and local funds legally available forthe
provision of behavioral health services, The Governing Board shall establish and rnaintain such
funds and aouountsum may be required bygood accounting practices and the State Budget
Accounting Reporting System
10. WITHDRAWAL
AnypartvheretoehmUhavethehghttovvithdrowfromthin/\gnsementatanytime.
PROVIDED that the remaining County to this Agreement shall have received written noti%iication
of the other party's intention to withdraw at least 120 days prior to the proposed affective date ol
such withdrawal-, and PROVIDED FURTHER' that such notification is received at |aaot 120 days
prior to the expiration of the current fiscal year period,
11. TERMINATION OF THE AGREEMENT
This Agreement may be terminated at any time by the unanimous written coinsenit-. of all oil
the Counties. Upon termination, this Agreement and the TKABHO shall continue for the purpose
of disposing of all c|ninne, distribution of assets, and all other functions necessary to oonnp|etc
responsibilities uf the TMBMD. `
12. AMENDMENTS
This Agreement may be amended at any time by the written approval of the Counties.
13. PROHIBITION AGAINST ASSIGNMENT
TheVU|ig@tionoenddutieocfthoCountiesuDderthiaAoreernentahaUnotbeonsiQned.
de|egated, or subcontracted to any other person, firm or entity without the prior express vvhtien
consent of the Counties.
14. CHOICE OFLAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and deli'vered
within the State nfWashington, and it is agreed by each party hereto that this, Contract
shall be governed by the !avvo of the State of Washington, both as to its interpretation
and performance.
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b. Any action at !avv suit in eqUKv' or judicial proceeding arising out of this oheU
beinStitutedandnnaintainedon|yinaDyofthecoUrtsofoompetentjurisdictionin
Thurston County.
15. SEVERAB0TY
a. If a court of competent jurisdiction holds any part, term or provision of this to
be |UeQa|, or invalid in whole or in part' the validity of the remaining provisions shaU not
be affected, and the parties' rights and obligations shall beconstrued and enforoedIsif
the Contract did not contain the particular provision held to be invalid.
b. If any provision of this Contract is in direct conflictwith any mtetutory prnvision of
the State of Washington, that provision which may conflict shall be decmed
inoperative and null and void insofar as it may conf|iot, and shall ba deemed
modified to conform to auoh 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 Counties.
17. FILING OF AGREEMENT
/\ copy of this Agreement shall be filed with the County Auditor of Thurston County or,
alternatively, listed by subject on a public agency's web site or other electronically retrievable
public source, as required by F(C\N'30.34.O4O.
18. ENTIRE AGREEMENT:
The Counties agree that this Aore8[OSDt is the complete expression of il,-- terms
and COOdit)OOS. Any Ural or written,representations or UDde[St8OdiOgS not iDCOi po[oted
in this Agreement are specifically excluded.
IN WITNESS WHEREOF, the Counties have executed this Agreement by authorized
officials thereof nn the______day uf . 2015
Thurston County Board of Commissioners Mason County Board of Commissioners
Cathy Wolfe, Chair of Board a Chair of Board
Date: Date
Page 8of1O
i
Sandra Romero, Commissioner Tin-, held"O'n, co;;missi r ,-
i
Bud Blake, Commissioner
! Terri Jeffreys, Coni riissio ,e
i
fl ,
Date: Date: _ _
4-
Approved as to form: Approved as to form:
Jon Tunheirn, Prosecuting Attorney
By: Scott Cushing Deputy Prosecuting Attorney By: Tim VVhitei-re2-E' Cf i T
Prosecuting Attorney
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