HomeMy WebLinkAboutThurston-Mason Behavioral Health Administrative Services Organization (TMBH-ASO) - Interlocal Agreement INTERLOCAL AGREEMENT (ft A)
WITH
Entity: Mason County
Contact: Travis Adams Title: County Administrator
Phone: (360)427-9670 ext. 530 Email: tadams@masoncountyvva.gov
Mailing Address: 411 N 5th Street,Shelton WA 98584
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ILA Number: 2026-MC-ILA Start Date: January 1, 2026 End Date: December 31, 2026
Thurston-Mason BH-ASO Contacts:
Tara Smith, Finance Director Phone: 360.763.5809 Email: tara.smith@ trnbho•or
Joe Avalos, Executive Director Phone: 360.763.5801 Email: Joe.avalos@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)
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 generjJ_t-ers and conditions,program contracts,or other agreements as of the start date below.
Contracto ign Printed Name and Title: Date:
�12aV\S Ms, Ca�rtkv I1dr,�ir, 3• ____ .b
Thurs on-Mason BH-ASO Signature: Printed Name and Title: Date:
Joe Avalos, Executive Director
5/27/2026
Approved as to Form by, Fred A.Johnson,TMBH-ASO Legal Counsel, February 15,2022
2026_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, 2026, and shall terminate on December 31, 2026,
unless otherwise amended. 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, 2026.
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 Superior Court.
Additionally, at this site, 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;
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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 court services shall be in accordance with RCW 71.05.730:
A countywide rate per case of$817.00 is set for the period January 1, 2026 through December
31, 2026. 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, also known as a petition, 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 which
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
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 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
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6. Facility
7. Judicial Officer
8. Clerk
9. Prosecuting Attorney
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 10th of the month
following the end of the quarter. Invoices shall be submitted to irjvoioes1jtra bi o. .
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 and state 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.
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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.
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.
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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 Thurston
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.
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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
IN WITNESS WHEREOF, the parties have executed this Agreement by authorized
officials thereof on the 27th day of May , 2026.
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Board of County Commissioners Thurston-Mason Behavioral Health
Mason County, Washington Administrative Services Organization
Governing Board
Chair Chair
—iee-Chair Vice Chair
Commissioner Co'
Approved as to Form
Tim Vhitehead, Chief Deputy
Prosecuting Attorney
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