HomeMy WebLinkAboutMedical Examiner Facility Use Agreement with Kitsap County - Interlocal Agreement KC-176-26
MEDICAL EXAMINER FACILITY USE AGREEMENT
MASON COUNTY
This Medical Examiner Facility Use Agreement—Mason County ("Agreement") is entered into between
Kitsap County, through the Kitsap County Medical Examiner's Office, and Mason County, both political
subdivisions of Washington state.
RECITALS
A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies to enter into cooperative
agreements to provide services more efficiently within their jurisdictions.
B. Kitsap County maintains an accredited Medical Examiner Facility equipped for post-mortem
examinations. Mason County Coroner's Office requires the use of an accredited facility for pathology
services for death investigations occurring in Mason County.
C. Mason County desires to use the Facility for autopsies performed by Mason County personnel and/or
its contracted pathologists.
D. Kitsap County is will to make its Facility available to Mason County for this purpose on a limited, as
needed basis,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:
I. Purpose. The purpose of this Agreement is to provide Mason County access to Kitsap County's
accredited medical examiner Facility for the performance of autopsies and related examinations by
Mason County personnel, and define the responsibilities of the parties as contemplated in RCW
39.34.030.
2. Definitions. The following definitions will apply unless the context clearly identifies otherwise:
a. Autopsy Suite means the physical room,Digital Equipment,and fixed equipment(tables,sinks,
lights,and scales) located at the Kitsap County Medical Examiner's Office.
b. Consumable Supplies means basic personal protective equipment(such as gowns,gloves, and
goggles), standard autopsy disposables, and cleaning supplies (such as soaps, detergents, and
disinfectants).
c. Digital Equipment means the Kitsap County X-ray and digital imaging machinery.
d. Facility means the Kitsap County accredited medical examiner postmortem examination suite.
e. Mason County Personnel means the Pathologist(s), technicians, investigators, or contractors
employed or retained by Mason County. These individuals are not employees or agents of
Kitsap County.
3. Organization. This Agreement does not create a separate legal or administrative entity, nor do the
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parties intend to create a separate legal or administrative entity subject to suit.
4. Facility Use. Kitsap County, through its Medical Examiner's Office, grants the Mason County
Coroner's Office non-exclusive Facility Use of the Autopsy Suite and cooler storage located at the
Facility subject to the terms and conditions of this Agreement and Attachment A, Facility Use,
which is incorporated in full by reference. Kitsap County's use will take absolute priority over
Mason County requests.
5. Compensation. Mason County will pay the fees as provided in Attachment B (Compensation),
which is attached and incorporated by reference.
6. Effective Date/ Term, Termination. This Agreement is effective December 22, 2025 ("Effective
Date") and will remain in effect unless terminated. 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
website or other electronically retrievable public source in compliance with RCW 39.34.040.Either
party may terminate with 15 days written notice to the other party.
7. Property. The parties do not anticipate the joint acquisition of property for the performance of this
Agreement. Any property acquired by a party during the term of this Agreement will be held by
and remain the property of the acquiring party.
8. Nondiscrimination.Neither party will discriminate against any person based on 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 will 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.
9. Notice. All notices will be delivered in writing to the Kitsap County Medical Examiner or Mason
County Coroner. Notice mailed by regular post (including first-class mail) will be deemed given
on the second business day following the date of mailing, provided it is properly mailed and
addressed. Notices sent by certified or registered mail will be deemed given on the day after the
date of mailing if properly mailed and addressed.For all types of mail,the postmark affixed by the
United States Postal Service will be conclusive evidence of the date of mailing.
10. Indemnification. Each party will protect, defend, indemnify, and hold the other party, its officers,
officials, employees, and agents harmless from any and all claims, demands, suits, penalties, or
losses of any kind, including reasonable attorneys fees, arising out of or resulting from the
negligent acts or omissions of the indemnifying party in connection with this Agreement.
11. Mason County Specific Waiver(Title 51 RCW). Mason County will be solely responsible for the
safety, conduct, and industrial insurance (workers' compensation) of Mason County Personnel
while utilizing the Facility. For the purposes of this Agreement, Mason County specifically and
expressly waives its immunity under Title 51 RCW (Industrial Insurance), solely for the purposes
of the indemnification and hold-harmless provisions contained herein. Mason County
acknowledges that this waiver was mutually negotiated.
12. Insurance. During the term of this Agreement, each party will maintain at its own expense the
insurance noted below.
A. Commercial General Liability ("CGL") on an occurrence basis, with a combined single limit
of not less than $2,000,000 per occurrence. Coverage will include personal injury, bodily
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injury, and property damage for premises operations liability, products/completed operations,
personal and advertising injury, contractual liability, independent contractor liability, and
stopgap/employer's liability. Coverage will not exclude or contain sub-limits less than the
minimum limits required herein without the prior written approval of the County. The
certificate of insurance for the CGL policy will expressly cover the indemnification obligations
required by the Agreement.
B. Professional Liability Insurance with a combined single limit of not less than $2,000,000 per
claim, incident,or occurrence. Coverage will apply to liability for error, omission, or negligent
acts arising out of or related to this Agreement.
C. Automobile Insurance with a limit of not less than $1 million per occurrence. Coverage will
include owned, hired, and non-owned automobiles.
D. Workers' Compensation Insurance in compliance with RCW 51.12.020, or the equivalent,
which requires subject employers to provide workers' compensation coverage for all their
subject workers and Employer's Liability or Stop Gap Insurance of$1,000,000.
E. There shall be no cancellation, material change, reduction of limits, or intent not to renew the
insurance coverage without 30 days prior notice to the other party.
13. Governing Law;Venue.This Agreement is governed by the laws of the State of Washington.Venue
for any action arising out of this Agreement will be in Kitsap County Superior Court, or as
otherwise provided by RCW 36.01.050.
14. Public Records Act. The parties acknowledge that both agencies are subject to the Public Records
Act, Chapter 42.56 RCW("Act")and agree to maintain all records constituting public records and
to work cooperatively with the other produce or assist the other party in producing such records,
within the time frames and parameters as provided by law. Each party agrees to notify the other
party within two business days of receiving a public record request regarding this Agreement or
the Services provided.
15. Compliance with Laws. The parties will comply with all applicable federal, state, and local laws
and regulations. This includes without limitation Washington Department of Labor and Industries
(WA-DOSH)safety regulations; applicable healthcare sanitation and biohazard disposal standards;
and all professional licensing requirements relevant to the activities conducted under this
Agreement.
16. Independent Capacity. The employees and agents of each party engaged in the performance of this
Agreement will continue to be the employees or agents of that party and not considered, for any
purpose, to be employees or agents of the other party to this Agreement. Neither party will have
the authority to bind the other nor control the other party's employees,agents, or contractors to this
Agreement. A party's rights, duties, and obligations will remain with that party.
17. Amendment. No amendment or modification to the Agreement will be effective without the prior
written consent of the authorized representatives of the parties.
18. 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 herein.
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19. No Third-Party Rights. This Agreement is solely for the benefit of the parties and does not confer
or create any right,benefit,or trust responsibility,substantive or procedural, that is enforceable at
law or in equity by any third person.
20. Assignment.The rights or obligations tinder this Agreement,and any claims arising thereunder,are
not assignable or delegable by either party.
21. Waiver. A failure by any party to exercise its rights under this Agreement will not preclude that
party from subsequently exercising such rights and will not constitute a waiver of any other rights
under this Agreement unless stated to be such in writing and signed by an authorized representative
of the party.
22. 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, will 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.
23. Survival. Those provisions of the Agreement that by their sense and purpose should survive the
expiration or termination of the Agreement will so survive. Those provisions include, without
limitation,the respective responsibilities of each party,compensation, and indemnification.
24. Headin s. Headings of this Agreement are for convenience only and will not affect the
interpretation of this Agreement.
25. Entire Agreement.This Agreement contains the entire understanding of the parties and supersedes
all prior or simultaneous representations, discussions, negotiations, and agreements, whether
written or oral,within the scope of this Agreement.
26. Counterparts/Electronic Signature. This Agreement may be executed in several counterparts,each
of which will be deemed an original but all of which together will constitute one agreement.
Facsimile, email, or other electronically delivered signatures of the parties shall be deemed to
constitute original signatures and duplicate originals.
27. 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.
DATED this day of Fe t'rU_\r"' .2026 DATED this 13 day of February , 2026
4MASUIV KITSAPL r e LINDSEY HARLE,Medical Examiner
fi e Medical Examiner's Office
� Uc 14
Facility Use Agreement
DATED or ADOPTED this 5 day of Mars l _>2026.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY,WASHINGTON
O�g p.TF•'%'i O
• ORAN ROOT,Chair
hJi •zi
} '• ,A_ � KATHERINE T.WALTERS,Commissioner
0S"TINE;RtR4F Moner
ITEST:
a Daniels, - rk of the Board
Page 15
Facility Use Agreement
DATED or ADOPTED this day of (�,�A V 2026.
BOARD OT COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
SHARON TRASK, Chair
PAT TARZWELL, Y4ee Chair
R N NEATH ZSLIN, Commissioner
ATTEST:
McKenzie mit erk o
Mh , Clerk of the Board
Facility Use Agreement 03242026 6 I h a b e
ATTACHMENT A
FACILITY USE
I. Facility Use. Kitsap County will make the Facility autopsy suite, cooler, Digital Equipment and all
Consumable Supplies necessary to conduct autopsies and any other postmortem examinations to be
performed available for use by Mason County to perform autopsy services subject to the terms and
conditions of this Agreement and availability.
A. Access, Scheduling. The Kitsap County Medical Examiner and Mason County Coroner or their
respective designees shall coordinate the scheduling of Facility Use to ensure that Kitsap County's
primary operations are not disrupted.Mason County must provide at least 48 hours' notice prior to
use. Exceptions to the 48-hour notice must be approved in writing by the Kitsap County Medical
Examiner or designee. Use is restricted to Day of Service.
B. Access Revocation. Access may be revoked at the sole discretion of the Kitsap Medical Examiner
for any breach of protocol.
C. Priority. Kitsap County cases shall always take priority over Mason County Facility Use requests.
Neither party intends to assume responsibility or liability for the actions, or failures to act, of the
other party and/or their respective employees. Kitsap County use shall take absolute priority over
Mason County requests.
D. Staffing. Mason County is responsible for providing its own forensic pathologist and technicians.
Kitsap staff are required to be present in the Facility for oversight and to operate Digital Equipment
(X-ray/Imaging)as requested.Beyond the technical operation of Digital Equipment,Kitsap County
personnel shall not participate in or be responsible for the medical-legal conduct, interpretations,
or conclusions of the autopsy or any death investigation.
E. Consumable Supplies. Use of Kitsap County's Consumable Supplies is permitted as part of the
base fee. Any specialized equipment must be provided by Mason County.
2. Remains Evidence& Property
A. Removal Mandate. Mason County shall remove the deceased, all toxicological samples, evidence
and the personal property of the deceased at the completion of the autopsy. Mason County is
responsible for releasing the decedent's remains to the funeral homes. Kitsap County will not
facilitate releases to funeral homes.
B. Stora e. Cooler storage is limited to a maximum of two (2) bodies for no more than 24 hours. An
additional daily fee will be assessed after that.
C. Personal Property. Mason County will remain responsible for the retention and disposition of all
personal property of the deceased as required by law.
D. Oran and Tissue Procurement Prohibited.No organ, tissue, or ocular procurement activities, nor
any recovery procedures by third-party procurement organizations, shall be conducted at the
Facility under this Agreement. Mason County shall ensure that all decedent transfers involving
potential donation are coordinated and completed at a separate location prior to or following the
use of the Kitsap County Facility.
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3. Sanitation & Biohazards. Mason County must clean the Autopsy Suite to Kitsap County's medical-
grade standards immediately after use.All biohazardous waste must be disposed of according to Kitsap
County's established disposal rules.
4. Digital Equipment. Kitsap County will be responsible for providing the photographic equipment for
autopsy purposes. Mason County will be responsible for the electronic storage, maintenance, and
retention of the digital photographs. All digital media generated (X-rays, photos, etc.) are the sole
property and record of Mason County.Mason County as the Record Holder is responsible for all Public
Records Act (RCW 42.56)requests. Kitsap will not provide permanent storage and reserves the right
to delete Mason County's data from local servers 30 days post-autopsy without notice and penalty.
Mason County is the primary custodian of all digital records. Kitsap County has no duty and will not
retain them.
5. Access & Security rotocols
A. Access Protocols. All Mason County Personnel may be required to complete a facility safety
orientation and security briefing provided by Kitsap County staff prior to first use.
B. Use.Use is restricted to Kitsap County business hours unless otherwise authorized.No independent
access or key cards will be issued to Mason County Personnel. Kitsap County Personnel must be
present at the Facility during all periods of Mason County Facility Use.
C. Orientation. All Mason County Personnel must complete a facility safety orientation and security
briefing provided by Kitsap staff prior to first use.
D. Clearance. Mason County Personnel may be required to undergo CJIS (Criminal Justice
Information Services)background checks before being granted independent access. Access may be
revoked for any and all Mason County Personnel at the sole discretion of Kitsap County.
6. Damage to Facility and Equipment. Mason County shall be liable for any damage to the Facility,fixed
equipment, or Digital Equipment caused by the acts or omissions of Mason County Personnel.
A. Reporting.Mason County Personnel must immediately report any equipment failure or damage to
the Kitsap employee present.
B. Repair/Replacement. Kitsap County shall have the sole authority to determine the method and
contractor for repairs or the necessity of equipment replacement.
C. Reimbursement. Mason County shall reimburse Kitsap County for the Actual Cost of all repairs or
replacement parts.
7. Cleanup and Remediation. In the event a Mason County case results in contamination of the Facility
beyond normal cleanup standards (e.g., infectious disease protocols, chemical hazards, or excessive
neglect), or requires additional cleanup, Mason County will be billed for the actual cost of such
remediation, whether performed by a Kitsap County employee or a third-party biohazard contractor.
Furthermore, for any contamination requiring remediation beyond standard medical-grade cleaning,
Mason County shall be liable for Loss of Use: a daily facility-readiness fee equal to the "Facility Use
Fee" for every day the Autopsy Suite remains unavailable for Kitsap County operations due to the
remediation process.
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ATTACHMENT B
COMPENSATION
Mason County agrees to pay the following fees for Services provided by Kitsap County. Kitsap County
will invoice Mason County for the Services provided, which Mason County will pay within 30 calendar
days of receipt.
The associated fees for each service represent the actual cost to Kitsap County.
Service Provided Fee (Per body)
Facility Use Fee(includes Consumable Supplies) $350.00
Xray Services $150.00
Extended Storage $50.00 per day
Professional Cleanup Actual Costs
Equipment Damage Actual Costs
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