HomeMy WebLinkAboutCONSENT Kitsap County piggyback pathology srvcs JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley,County Administrator
FROM: David Bradley, Coroner
DATE: April 14, 2025
RE: Amendement Piggyback Purchasing Agreement
STATEMENT OF ISSUE:
The Jefferson County Coroner and Kitsap County Medical Examiner desire to execute an
amendment to the Interlocal Agreement(ILA)for Pathology Services executed on November
2,2020 to extend the term to May 31,2025 while working on a new agreement.
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 contracts with
the Kitsap County Medical Examiner(formerly Kitsap County Coroner) for Pathology
Services. The 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 parties desire to extend the term until May 31, 2025 while working on a
replacement ILA. All other terms remain unchanged.
FISCAL IMPACT:
Jefferson County is billed at a per service rate and paid out of the Coroner Office's budget.
The 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 Commissioner consider and take action to approve the attached
amendment and designate David Bradley, Jefferson County Coroner to sign on behalf of the
county.
REVIEWED BY:
Ma auley, County Adminis rator Date
CONTRACT REVIEW FORM clear Form
(INSTRUCTIONS ARE ON THE NEXT PACE)
CONTRACT WITH: Kitsap County Contract No: KC-432.20A
Contract For: Amendment Piggyback Purchasing Agreement Term: Extends through 05/31/2025
COUNTY DEPARTMENT: Jefferson County Coroner's ORfce
Contact Person: David Bradley
Contact Phone: (360)385-e1e2
Contact email: dbradley@cojeffersonme.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 ✓ Other:ILA
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES CONIPl.IANCE 3WH JCC 3.55.080 AND CH TER 42.23 RCW.
CERTIFIED: a N/A: y -7 a
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A: 7b15'
Signatu Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronicall% f hrvn,-h Lase
Electronically approved by Risk Management on 4/10/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laser fiche):
Electronically approved as to form by PAO on 4/9/2025.
Pre-reviewed by PAO. Standard amendment language included with
original attached.
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
1
KC-432-20A
AMENDMENT
PIGGYBACK PURCHASING AGREEMENT
This Amendment to the Interlocal Agreement for Pathology Services("Amendment") is between Kitsap
County("Kitsap")and Jefferson County("Jefferson"), both Washington state political subdivisions.
The parties executed KC-432-20, effective November 2, 2020("Agreement"), which the parties desire to
amend to extend the term.
The parties agree as follows:
1. Term of Agreement.The Agreement is amended to extend the termination date to May 31,2025.
2. Effective Date.This Amendment shall take effect on November 1,2021.
3. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and
conditions of the Contract remain unchanged, in full force and effect.
4. Countemarts/Electronic Sir—nature. This Amendment may be executed in several counterparts,
each of which shall be deemed an original, and all of which shall constitute the same agreement.
A facsimile, email, or other electronically delivered signature of the parties shall be deemed to
constitute an original signature and a duplicate original.
5. Authorizations. The signatories to this Amendment represent that they have been duly authorized
to execute it on behalf of the party they represent and that no further action or approval is
necessary before executing this Amendment. '��
DATED this�day of O ,2025 DATED this JL day of lVq% ( ,2025
JEFFERSON COUNTY KITSAP COUNTY
-Tbitd Bradley,Corone LINDSEY HARLE,Medical Examiner
Coroner's Office Medical Examiner's Office
Approved as to form only:
Yehissa/P�l-e-im- an-n-,Civil Deputy Prosecuting Attorney
DATED or ADOPTED this day of 12025.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY,WASHINGTON
CHRISTINE ROLFES,Chair
ORAN ROOT, Commissioner
KATHERINE T.WALTERS,Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
3
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Ps�o I - I
t o- A
INTE OCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN
KITSAP COUNTY AND JEFFERSON COUNTY
This Interlocal Agreement for Pathology Services("Agreement") is entered into between Kitsap County,
through the Kitsap County Coroner's Office, ("Kitsap") and the Jefferson County ("Jefferson"), both
political subdivisions of Washington state.
RECITALS
A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies, such as Kitsap County
and Jefferson County,to enter into cooperative agreements to provide services more efficiently within
their jurisdictions.
B. Kitsap County, through the Kitsap County Coroner's Office, is capable of providing regional
i
pathology services for death investigations.
C. Jefferson County Coroner's Office is in need of pathology services for deaths 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
services for death investigations ("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 provide for the joint and cooperative undertaking
of the parties to extend Services to Jefferson, 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 Jefferson County Coroner, or their
designees, will administer this Agreement for each party and will meet as needed for the purpose
of reviewing and discussing the operations and performance of the Services. 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 Jefferson County's needs and Kitsap County's available
resources.
Pathology Services ILA 10.14.2020 1 1 P a g e
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 Jefferson 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, including but not limited to applicable regulations of the Washington Department of
Labor and Industries, including WA-DOSH Safety Regulations; all relevant state and federal
workplace safety requirements.
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
Pathology Services ILA 10.14.2020 2 1 P a g e
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 parry 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 all prior or simultaneous representations, discussions, negotiations, and agreements,
whether written or oral, within the scope 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.
25. CONTROLLING LAW. It is understood and agreed that this Agreement is entered into in the
State of Washington. This Agreement shall be governed by and construed in accordance with the
laws of the United States and the State of Washington, as if applied to transactions entered into
and to be performed wholly within the State of Washington between Washington residents. No
party shall argue or assert that any state law other than Washington law applies to the governance
or construction of this Agreement.
Pathology Services ILA 10.14.2020 3 1 P a g e
26. LITIGATION/JURISDICTIONNENUE. Should either party bring any legal action, each party
in such action shall bear the cost of its own attorney's fees and court costs.
27. INDEPENDENT CONTRACTOR.
a. Each party and its respective employees or agents shall act an independent contractor and
continue to be the employees or agents of that party which shall be solely and exclusively
responsible for that employee or agent and shall not be considered for any purpose whatsoever
to be employees or agents of the other party to this Agreement. No party shall have the
authority to bind the other party nor control the employees, agents, or contractors of the other
party to this Agreement. Each party agrees to indemnify, defend and hold harmless the other
parties as required in Section 28.
b. Each party shall be solely and exclusively responsible for the compensation, benefits, training
expenses, equipment,costs, and all other costs,benefits, and expenses for its employees.Each
party will be responsible for ensuring compliance with all applicable laws, collective
bargaining agreements, and civil service rules and regulations regarding its own employees.
28. INDEMNITY.
a. To the extent of its comparative liability, each party agrees to indemnify, defend, and hold
harmless the other party, and the other party's elected and appointed officials, employees,
agents, and volunteers (and their marital communities) from and against any and all claims,
damages, losses, and expenses, including but not limited to court costs, attorneys fees, and
alternative dispute resolution costs,for violation of any law applicable to a party,any personal
injury,or any bodily injury,sick disease,or death, and for any damage to or destruction of any
property(including the loss of uses therefrom)which are alleged or proven to be caused by an
act or omission, negligent or otherwise, of the party, its elected and appointed officials,
employees, agents, or volunteers (and their marital communities).
b. Participation in Defense, No Waiver. A party reserves the right, but shall have no obligation,
to participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of the party's indemnity obligations under this Agreement.
c. Survival of Indemnity Obligations. All indemnity obligations shall survive the completion,
expiration or termination of this Agreement.
29. REQUIRED 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 premise-operations liability, products/completed operations,
personal/advertising injury, contractual liability, independent contractor liability, and stop
gap/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.
Pathology Services ILA 10.14.2020 4 1 P a g e
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 in the amount 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 Parties.
30. PUBLIC RECORDS ACT.
a. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW(as
may be amended), each party agrees to maintain all records constituting public records and to
produce or assist the other party in producing such records, within the time frames and
parameters set forth in state law.
b. Each party agrees to notify the other party within two business days of the receipt of a public
record request regarding this Agreement or the Services provided.
(SIGNATURES FOLLOW ON NEXT PAGE)
Pathology Services ILA 10.14.2020 5 1 P a g e
I
Dated this day of 2020 Dated this "1 day of TXtEP W020
JEFFERSON COUNTY KITSAP COUNTY
CORONER'S OFFICE CORONER'S OFFICE
BY .l BY -,Jz
JAMP KENNEDY'C RONER ALLIS, CORONER
BOARD OF OUNTY MMISSIONERS BOARD OF COUNTY COMMISSIONERS
JEFFERSO OUNTY, ASHINGTON KITSAP COUNTY, WASHINGTON
AA
GREG BROTHERTON, Chair CHAR OTTE GA ,. air
KATE DEAN, Commissioner ROBERT ELDER Commissioner
'6 ,��v"ew. 'et, '00
DAIID SULLIVAN, COMMiSSiO&T ED AM WOLFE, Ommissioner
ATTEST: AA
6 D
Mt�&
Carol Galloway, Qlerf of the Board Dana Daniels, Clekrl of the Board
Approved as to form only: �d•'��ATE
O' C,
m: Fri
October 29, 2020 *'
Philip C. Hunsucker Date �!ys:S,/Y/NG�.-
Chief Civil Deputy Prosecuting Attorney
Pathology Services ILA 10.14.2020 6 P a g e
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ATTACHMENT A
SCOPE OF SERVICES
1. Pathology Services. Kitsap County will perform autopsies of Jefferson County deceased when
requested to do so by the Jefferson County Coroner on an as needed basis for the compensation
amount identified in Attachment B(Compensation)subject to Kitsap County having the staff and
resources available to do so at the time of the request.
2. Facility. Jefferson County will provide a facility and supplies for autopsies and any other postmortem
examinations to be 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, camera, and photographic film); and
cleaning supplies(such as soaps, detergents, and disinfectants).
3. Transportation of Deceased. Jefferson County will remain responsible for transportation of the
deceased for all purposes.
4. Autopsy/Inspection Photographs. Jefferson County will be responsible for providing the photograph
equipment, film, electronic storage,maintenance, and retention of the 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 own 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 jurisdiction of the body of the deceased is with the County where
the death occurred.
Pathology Services ILA 10.14.2020 7 1 P a g e
ATTACHMENT B
COMPENSATION
Jefferson County agrees to pay the following fees for Services provided by Kitsap County as identified in
Attachment A. The excluded and additional fees shall be invoiced as a separate amount and are not
included in the annual compensation. The associated fees for each service represent the actual cost to
Kitsap County.
Autopsy, case evaluation,report $1,500.00
External examination $600.00
Transcription services $100.00
Histology cassette services $100
Laboratory Services $75-100
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 Jefferson 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
Pathology Services ILA 10.14.2020 8 1 P a g e
Kitsap County
CONTRACT REVIEW SHEET
(Chapter 3.56 KCC)
A. CONTRACT INFORMATION
1. Contractor Jefferson County
2. Purpose Interlocal Agreement for Pathology Services
3. Contract Amount Varies based on services _ Disburse Receive L x
4. Contract Term Upon approval for one year with one year consecutive extensions
5. Contract Administrator Jeffrey J. Wallis Phone 360-337-5602
Approved: Date
Department Director
B. AUDITOR—ACCOUNTING INFORMATION
1. Contract Control Number KC-432-20
2. Fund Name Coroners
3. Payment from-Revenue to CC/Account Nbr 9171.3380.90
4. Encumbered By Dave Schureman Date 10/25/2020
C. AUDITOR'S ACCOUNTING—GRANTS REVIEW
Signature required only ff contract is grant funded
1. Approved Not Approved
Reviewer NA Date NA
2. Comments:
D. ADMINISTRATIVE SERVICES DEPARTMENT— RISK MANAGER REVIEW
1. X I Approved Not Approved
Reviewer Anastasia Johnson Date 11/13/2020
2. Comments:
E. ADMINISTRATIVE SERVICES DEPARTMENT—BUDGET MANAGER REVIEW
Signature required only if contract is for$50,000 or more, OR it will be signed by board of commissioners
(regardless of dollar amount)
1. X I Approved Not Approved
Reviewer Aimee Campbell Date 11/14/2020
2 Comments:
F. PERSONNEL DEPARTMENT— PERSONNEL DIRECTOR REVIEW
Signature required only if union or employment contract
1. Approved Not Approved
Reviewer Date
2. Comments:
G. PROSECUTING ATTORNEY
1. 1 X I Approved as to Form Not Approved as to Form
Reviewer Susan Rogers Date 11/10/2020
i 2. Comments
H. CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR
CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER.
(For contract signing authority,see KCC 3.56.075)
Date Approved by Authorized Contract Signer: Date 11.1.uto
RETURN SIGNED ORIGINALS TO: Lee Reyes @ MS- 7
i
Kitsap County
CONTRACT REVIEW SHEET
(Chapter 3.56 KCC)
A. CONTRACT INFORMATION
1 Contractor Jefferson County
2. Purpose Interlocal Agreement for Pathology Services
3. Contract Amount Varies based on services _ Disburse Receive Lx
4. Contract Term Upon approval for one year with one year consecutive extensions_
5. Contract Administrator Jeffrey J. Wallis Phone 360-337-5602
Approved: Date
Department Director
B. AUDITOR—ACCOUNTING INFORMATION
1. Contract Control Number KC-432-20
2. Fund Name Coroners
3. Payment from-Revenue to CC/Account Nbr 9171.3380.90
4. Encumbered By Dave Schureman Date 10/25/2020
C. AUDITOR'S ACCOUNTING—GRANTS REVIEW
Signature required only if contract is grant funded
1. Approved Not Approved
Reviewer NA Date NA
2. Comments:
D. ADMINISTRATIVE SERVICES DEPARTMENT— RISK MANAGER REVIEW
1. X I Approved Not Approved
Reviewer Anastasia Johnson Date 11/13/2020
2. Comments.
-
FIE. ADMINISTRATIVE SERVICES DEPARTMENT—BUDGET MANAGER REVIEW
Signature required only if contract is for$50,000 or more, OR it will be signed by board of commissioners
(regardless of dollar amount)
1. X_j Approved Not Approved
Reviewer Aimee Campbell Date 11/14/2020
2. Comments
F. PERSONNEL DEPARTMENT—PERSONNEL DIRECTOR REVIEW
Signature required only if union or employment contract
1 Approved Not Approved
Reviewer Date
2. Comments:
G. PROSECUTING ATTORNEY
1. 1 X I Approved as to Form Not Approved as to Form
Reviewer Susan Rogers Date 1 1/1 012020
2. Comments
H. CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR
CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER.
l (For contract signing authority,see KCC 3.56.075)
Date Approved by Authorized Contract Signer: Date _ 12.-t•7xu
RETURN SIGNED ORIGINALS TO: Lee Reyes @ MS- 7