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HomeMy WebLinkAboutCONSENT ILA w Kitsap re Pathology Servcs JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: David Bradley,Coroner DATE: October 20,2025 RE: Interlocal Agreement for Pathology Services Between Kitsap County and Jefferson County STATEMENT OF ISSUE: The interlocal agreement for pathology services between Jefferson County Coroner and Kitsap County Medical Examiner first executed on November 2, 2020 and amended May 12,2025 is outdated. The parties desire to continue the agreement with Kitsap County Medical Examiner and execute a replacement ILA updating and adopting the current rates for services. ANALYSIS The Jefferson County Coroner is responsible for obtaining necessary pathology services in order to investigate deaths. RCW 36.24.060. Jefferson County Coroner's Office does not have the ability to conduct this function in house,therefore,contracts with the Kitsap County Medical Examiner(formerly Kitsap County Coroner) for Pathology Services. The first ILA for these services was executed on November 20,2020 in order to provide an enhanced level of predictability and cost of pathology services obtained by the Jefferson County Coroner. The 2020 rates for services provided by the Kitsap County Medical Examiner's Office have increased and the prior ILA has expired. FISCAL IMPACT: Jefferson County is billed at a per service rate and paid out of the Coroner Office's budget. The current Coroner's Office budget includes the estimated cost of this contract based on the anticipated use of the services under this contract. RECOMMENDATION: The Board of County Commissioners consider and take action to approve the attached ILA. REVIEWED BY: /0 '/ c Jos Peters,County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Kitsap County Contract No: KC-249-25 Contract For: INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES Term: No end date - ILA COUNTY DEPARTMENT: Jefferson County Coroner's Office Contact Person: David Bradley Contact Phone: (360)385-9182 Contact email: dbradley@co.jefferson.wa.us AMOUNT: Per service rate PROCESS: ✓ Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Per service rate Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s)of Matching Funds � Vendor List Bid Fund # 151 RFP or RFQ Munis Org/Obj I/ Other: ILA APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES 01pL ' WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ill N/A:! f(' ;'�` 10/16/2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN D BARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. /f CERTIFIED: 1 ' N/A: C 1` { - /r- 10/16/2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Lase Electronically approved by Risk Management on 10/16/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 10/16/2025. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL KC INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY This Interlocal Agreement for Pathology Services("Agreement")is entered into between Kitsap County("Kitsap"), through the Kitsap County Medical Examiner's Office, and Jefferson County ("Jefferson"), 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, through the Kitsap County Medical Examiner's Office, has the capacity to provide regional pathology services for death investigations. C. Jefferson County Coroner's Office requires pathology services for death investigations occurring in Jefferson County. D. The parties would mutually benefit from the M.E. Office providing pathology services to Jefferson 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 facilitate the joint and cooperative undertaking of the parties to provide pathology services to Jefferson, identify the persons responsible for administering the services, and define the responsibilities of the parties as contemplated in RCW 39.34.030. 2. Organization. This Agreement does not create a separate legal or administrative entity, nor do the parties intend to create a separate legal or administrative entity subject to suit. 3. Administration.The Kitsap County Medical Examiner's Office Program Coordinator and Jefferson County Coroner,or their designees,will administer this Agreement for each party and will meet as needed to review and discuss the operations and performance of the services identified in the Agreement. Neither party intends to assume responsibility or liability for the actions,or failures to act,of the other party and/or their respective employees. 4. Services. Kitsap, through its Medical Examiner's Office, will provide the "Services" as identified in Attachment A(Scope of Services),which is incorporated in full by reference.All Services will be provided based on Jefferson's needs and Kitsap's available resources. 5. Compensation. Compensation for the Services is as provided in Attachment B (Compensation), which is incorporated by reference. 6. Effective Date/ Duration. This Agreement shall be effective May 26, 2025 ("Effective Date") and shall remain in effect unless terminated by either party.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. Pathology Services ILA 3.26.2025 1 Wage 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 joint acquisition of property for the performance of this Agreement.Any property acquired by a party during the term of this Agreement shall be held by and remain the property of the acquiring party. 9. 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 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. Notice.All notices will be delivered in writing to the Kitsap County Medical Examiner or Jefferson County Coroner. Notice mailed by regular post(including first-class mail)shall be deemed to have been 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 shall be deemed to have been 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 shall be conclusive evidence of the date of mailing. 11. Indemnification. Each party agrees to defend and indemnify the other party and its elected and appointed officials,officers,employees and agents against all claims, losses,damages, suits and expenses, including reasonable attorneys' fees and costs,to the extent they arise out of, or result from,the performance of this Agreement by the indemnitor or its elected or appointed officials, officers, employees and agents. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials,officers, employees,or agents of the indemnitor or of any contractor or subcontractor of the indemnitor. Each party shall have the right, but not the obligation,to participate in the defense of any claim, damages, losses, or expenses, and such participation shall not constitute a waiver of the parry's indemnity obligations under this Agreement. 12. Insurance. During the term of this Agreement, each party shall maintain in force at its own expense the insurance noted below. A. Commercial General Liability ("CGL") on an occurrence basis, with a combined single limits of not less than$2,000,000 per occurrence.Coverage shall include personal injury,bodily 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 shall 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 shall 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 shall 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. Pathology Services ILA 3.26.2025 2 I P a g e 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 shall be governed by and construed in accordance with the laws of the State of Washington,both as to its interpretation and performance,without regard to conflicts of law or choice of law provisions.Any action arising out of or in connection with the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County,Washington,or as 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 each party agrees 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 shall comply with all applicable laws, rules, and regulations required in connection with the Services provided and matters covered in this Agreement,including,but not limited to, applicable regulations of the Washington Department of Labor and Industries, such as the WA-DOSH Safety Regulations,and all relevant state and federal workplace safety requirements. 16. Independent Capacity. The employees and agents of each Party engaged in the performance of this Agreement shall 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 shall 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 shall 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. 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 under 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 shall not preclude that party from subsequently exercising such rights and shall 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, 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. 23. Survival.Those provisions of the Agreement that by their sense and purpose should survive the expiration or termination of the Agreement shall so survive. Those provisions include, without limitation, the respective responsibilities of each party,compensation,and indemnification. Pathology Services ILA 3.26.2025 3 I P a g e 24. Headings. Headings of this Agreement are for convenience only and shall 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 shall be deemed an original but all of which together shall constitute one and the same 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 ,2025 DATED this day of ,2025 JEFFERSON COUNTY KITSAP COUNTY David Bradley,Coroner LINDSEY HARLE,Medical Examiner Coroner's Office Medical Examiner's Office Pathology Services ILA 3.26.2025 Wage DATED or ADOPTED this day of ,2025. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY,WASHINGTON CHRISTINE ROLFES,Chair ORAN ROOT,Commissioner KATHERINE T.WALTERS,Commissioner ATTEST: Dana Daniels,Clerk of the Board Pathology Services ILA 3.26.2025 5 I P a g e DATED or ADOPTED this day of ,2025. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY,WASHINGTON HEATHER DUDLEY-NOLLETTE,Commissioner HEIDI EISENHOUR,Commissioner GREG BROTHERTON,Commissioner ATTEST: ,Clerk of the Board Approved as to f rm only: for 10/16/2025 P ilip Hunsucker,Chief Civil Deputy Prosecuting Attorney Date Pathology Services ILA 3.26.2025 Wage ATTACHMENT A SCOPE OF SERVICES 1. Pathology Services.The Kitsap County Medical Examiner's Office will provide autopsies and other pathology services of deceased individuals from Jefferson County as requested by the Jefferson County Coroner, on an as-needed basis, subject to the availability of staff and resources in Kitsap County at the time of the request, and in accordance with the compensation amount identified in Attachment B(Compensation).All Services will be provided at the Kitsap County Medical Examiner's Office. 2. Facility. Kitsap County will provide the facility and all supplies necessary to conduct autopsies and any other postmortem examinations to be performed. Some of the supplies and equipment necessary for conducting required examinations include, without limitation: 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, camera, and photographic film); and cleaning supplies(such as soaps,detergents,and disinfectants). 3. Transportation of Deceased.Jefferson County will remain responsible for the transportation of the deceased for all purposes. If Kitsap County is requested to provide transportation of the deceased,additional transportation fees will be assessed. 4. Autopsy/Inspection Photographs. Kitsap County will be responsible for providing the photographic equipment for autopsy purposes.Jefferson County will be responsible for the electronic storage,maintenance,and retention of the digital photographs. 5. Specimen/Tissue Samples. Jefferson County will be responsible for all costs associated with specimen and tissue sampling, with all specimens and tissue samples to remain with Jefferson County for storage and/or destruction. 6. Death Investigations.Jefferson County will provide its death investigation services. 7. Personal Property. Jefferson County will remain responsible for the retention and disposition of all personal property of the deceased as required by law. 8. Jurisdiction.The parties agree that the jurisdiction of the body of the deceased is with the County where the death occurred. Pathology Services ILA 3.26.2025 7 I P a g e ATTACHMENT B COMPENSATION Jefferson County agrees to pay the following fees for Services provided by Kitsap County. Kitsap County will invoice Jefferson County for the Services provided, which Jefferson 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 autopsy request) Autopsy,case evaluation,report $2,000.00 Complex Autopsy(as determined by the $2,400.00 Forensic pathologist completing the exam) External examination $1000.00 Limited autopsy $1,500.00 Transcription services $150.00 Histology cassette services $100.00 Laboratory Services Actual Costs Transportation costs(deceased) $250.00 Transportation costs(staff) $100.00 Excluded Services. The following will be assessed at an additional fee at the time Jefferson County requests the services.The fees charged will be the actual cost to Kitsap County for providing such services. • Expert consultation services • Testimony and associated costs(e.g.travel,time) • Death investigation services • External fees for services Pathology Services ILA 3.26.2025 $ I P a g e