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HomeMy WebLinkAboutKitsap County MC Contract#20-020 KC-327-19 INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN KITSAP COUNTY AND MASON COUNTY This Interlocal Agreement for Pathology Services ("Agreement") is entered into between Kitsap County, through the Kitsap County Coroner's Office, ("Kitsap") and the Mason County ("Mason"), both political subdivisions of Washington state. RECITALS A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies, such as Kitsap County and Mason County, to enter into cooperative agreements to more efficiently provide services within their jurisdictions. B. Kitsap County, through the Kitsap County Coroner's Office, is capable of providing regional pathology and associated services for death investigations. C. The Mason County Coroner's Office needs pathology and associated services for death investigations which Kitsap County has the ability to provide. D. The parties would mutually benefit from the Kitsap County Coroner's Office providing pathology and associated services for death investigations ("Services") to Mason County subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises and covenants,the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the parties to extend Services to Mason, identify those persons responsible for administering the Services,and define the responsibilities of the parties as contemplated in RCW 39.34.030. 2. ORGANIZATION.No separate legal or administrative entity is created by this Agreement nor do the Parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 3. ADMINISTRATOR. The Kitsap County Coroner and Mason County Coroner, or their designees,will administer this Agreement for each party, and will meet quarterly, or more frequently as needed, for the purpose of reviewing and discussing the operations and performance of the Services and the assigned Navigator. Neither party is intending to assume responsibility or liability for the actions, or failures to act, of the other party and/or their respective employees. 4. SCOPE OF SERVICES. Kitsap, through its Coroner's Office, will provide the Services identified in Attachment A (Scope of Services) which is attached and incorporated in full by reference. All Services will be provided based on Mason County's needs and Kitsap County's available resources. 5. COMPENSATION. Compensation for the Services provided is set forth in Attachment B (Compensation)which is attached and incorporated in full by reference. 6. EFFECTIVE DATE/DURATION. This Agreement shall be effective from the date this Agreement is last executed by both parties shall remain in effect for one (1) year, unless terminated or extended. This Agreement may be extended for additional consecutive one • (1)year terms upon the written agreement of the Parties. 7. TERMINATION. Either party may terminate this Agreement upon 15-days prior written notice to the other. 8. PROPERTY. The parties do not anticipate the acquisition of property for the performance of this Agreement and any property acquired by a party during this Agreement shall be held by and remain the property of the acquiring party. 9. NONDISCRIMINATION. No party will discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964,P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 10. EFFECTIVE DATE/FILING. This Agreement will take effect when executed by the parties. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor's Office or, alternatively, listed by subject on the web site or other electronically retrievable public source in compliance with RCW 39.34.040. 11. NOTICE. All notices will be delivered in writing to the Kitsap County Coroner or Mason County Coroner. Notice mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed.Notices sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 12. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules and regulations pertaining to them in connection with the Services provided and matters covered in the Agreement. 13. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 14. COUNTERPARTS. This Agreement may be executed in any number of counterparts, and with facsimile, email or electronic signatures, all of which shall be deemed to constitute one and the same instrument, with each counterpart deemed an original. 15. INDEPENDENT CAPACITY. The employees and agents of each party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that party and shall not be considered, for any purpose, to be employees or agents of the other party to this Agreement.Neither party shall have the authority to bind the other nor control the employees, agents or contractors of the other party to this Agreement.All rights,duties and obligations of a party shall remain with that party. 16. CHANGES, MODIFICATIONS, AND AMENDMENTS. This Agreement may be changed, modified, or amended, only by written agreement executed by the parties hereto. 17. NO THIRD-PARTY RIGHTS. This Agreement is intended to be solely between the parties.No part of this Agreement shall be construed to add,supplement,or amend existing rights, benefits, or privileges of any third party, including without limitation, employees of either party. 18. ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by either party. 19. WAIVER. A failure by any party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party. • 20. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, shall not affect any other terms or conditions of the Agreement and the parties' rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 21. SURVIVAL. Those provisions of the Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include,without limitation,the respective responsibilities of each party,compensation,and indemnification. 22. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and supersedes any other agreement or understanding of the parties relating to the subject matter of this Agreement. 24. AUTHORIZATION. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. Signatures on next page Dated this 9 day of.3/I (L,2020 Dated this f( day of '1 _,2020 MAS N COUNTY CORONER'S OFFICE KITSAP COUNTY CORONER'S OFFICE ic:::: B By�< �'<_. j 6 ' y WES STOCKWELL,CORONER c"-1EFFREY WALLIS, CORONER bOIdCJ • 1 Y to c 3, Zb 'i : Tow".r ria2-02,0 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON KITSAP COUNTY,WASHINGTON ,--P-- '%HARON SIC, Chair CHARLOTTE GARRIDO,Chair RAN Y IN, Vice Chair ROBERT G .DER, C Yr missioner YIN SHU Y, Commissioner EDW• 'D E. ' OLFE,Co i issioner ASS ATTEST: A r�/ �� sod• A.:'' i ,4' ` , �-,. Hi Me : i ewry, C rk of the Board N, 1 Daniels,C of the Board ,.. 11 S ao 9 1 e°''0ngyy NI,1t /ar J al,, p ( j I-�r o � r�E�}; t;g -,p,IN °gter;. ATTACHMENT A SCOPE OF SERVICES 1. Facility. The County maintains a facility in which autopsies and any other postmortem examinations are performed. Some of the supplies and equipment necessary for conducting required examinations include: protective supplies, (such as gowns, gloves, aprons, face shields, boots, and shoe covers); containers for bodies and tissue samples; items used in performance of autopsies (such as syringes, scalpels, scissors, forceps, chisels, knives, saws, and photographic film); and cleaning supplies(such as soaps, detergents, and disinfectants). 2. Kitsap County will provide the following Pathology Services for Mason County which shall include the services identified in the chart below.The associated fees for each service represent the actual cost to Kitsap County for providing the services per deceased. Service Fee(for each deceased person) Autopsy, case evaluation, report $1,500. External examination $600. Autopsy technician services $1,075 ($36.22 per hour) Transcription services $100. Facility usage $3,500 Histology cassette services , $100 Laboratory Services $75-100 X-Ray $100. Specimen/Tissue Storage $ 3. Transportation of Deceased. Mason County will remain responsible for transportation of the deceased for all purposes. Within three (3) business days of receipt of oral or written notice from Kitsap County that the Services have been completed,Mason County shall have the body of the deceased removed from the Kitsap County Coroner's Office and transported to the funeral home. The body may be picked up from the Kitsap County Coroner's Office between 8:00am and midnight.Pickups outside these hours is not permitted. Failure to remove the body of the deceased within five (5) business days, without the prior consent of the Kitsap County Coroner may result in the assessment of an additional fee of$50 per day. 4. Autopsy/Inspection Photographs. Autopsy/inspection photographs be uploaded by Kitsap County to the Mason County storage site at: Ftp://216.235.103.242. Mason County will be responsible for the storage, maintenance, and retention of the photographs. 5. Specimen/Tissue Samples. Specimen and tissue samples will be returned to Mason County for storage and/or destruction. 6. Death Investigations.Mason County will provide its own death investigation services. • 7. Personal Property. Mason County will remain responsible for the retention and disposition of all personal property of the deceased as required by law.Any personal property of the decease received by Kitsap County with the body of the deceased will be retained in a safe location until returned to Mason County for disposition. 8. Excluded Services.The following are services not included in the annual compensation amount and will be assessed at an additional fee, when such services are requested by Mason County. The fee charged will be the actual cost to Kitsap County for providing such services. • Transportation services are$200 per incident • Expert consultation services • Testimony and associated costs (e.g. travel) • Death investigation services • External fees for services 9. Jurisdiction. The parties agree that jurisdiction of the body of the deceased is with the County where the death occurred. ATTACHMENT B COMPENSATION Mason County agrees to pay an annual amount of$ 82,500,per year to be paid monthly in the amount of $6,875 for the pathology Services provided by Kitsap County as identified in Attachment A. The annual amount is based on historical data provided by Mason County which may be adjusted during the calendar year to reflect an increase in the number of autopsies requested by Mason County. The excluded and additional fees shall be invoiced as a separate amount and are not included in the annual compensation.