Approve a contract with Dr. Sigmund Menchel BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO 19-365
APPROVE CONTRACT WITH DR. SIGMUND MENCHEL
WHEREAS, Lewis County does not employ Forensic Pathologists, and
WHEREAS, autopsies must be completed by board-certified Forensic Pathologists, and
WHEREAS, Dr Menchel, a board-certified Forensic Pathologist, has entered into a
contract with the Lewis County Coroner's Office to perform autopsies
NOW THEREFORE BE IT RESOLVED that the Lewis County Board of County
Commissioners supports the 2020 contract with Dr Menchel at the rate of $1600 per
autopsy and $350 per hour for medical records consultation
DONE IN OPEN SESSION this 9th day of December, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Robert C. Jackson
By Kevin McDowell, Robert C Jackson, Chair
Deputy Prosecuting Attorney
ATTEST ,.,;)!)A wq
s • Gary Stamper
v�ti00P1,1 yic�Gary Stamper, Vice Chair
SCE �:
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Rieva Lester :;•: Edna J . Fund
Rieva Lester, Edna J Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
4 -
Personal Services Agreement
THIS AGREEMENT IS MADE on the later of the dates on which it is signed on behalf of the parties
hereto—
—by and between—
Lewis County, a Washington municipal corporation, by and through the Lewis County
Coroner, 585 NW Center Street Chehalis, Washington 98532,
-and-
Dr Sigmund Menchel,M.D.,Forensic Pathologist,6701 154th Place SE,Bellevue,WA 98006 and
hereafter referred to as Dr Menchel.
1.Definitions In this Contract the following terms bear the meanings ascribed to each as follows
a) Personal Services Agreement means this Agreement, and includes any renewal of this
Agreement pursuant to the provisions hereof.
b) Coroner means the Lewis County Coroner or any of his Deputies.
c) County means Lewis County
d)Pathologist means Dr Menchel,MD
e) Autopsy means a complete invasive examination of decedents involving the
removal/examination of internal organs.
f) Toxicological specimens includes blood,urine, and/or vitreous fluids.
g) Consultations mean telephone consults regarding deaths.
h)Decedent means a person who has passed away
2.Duration: The term of this Agreement shall begin on January 1,2020 at 12 00 AM. Subject to
the provisions below regarding early termination,this contract shall be of full force and effect
through December 31, 2020 at 11 59 PM.
a)The terms of this Agreement will be reviewed by each party in July for consideration of
amending the existing terms.
b) Early Termination Without Cause. Either party may terminate this Agreement at any time,
without cause,by giving thirty(30) days prior written notice thereof to the other party
c) Early Termination for Cause In the event that either party fails to perform its obligations
pursuant to this Agreement, and fails to cure such defect in performance after written notice
thereof, the party aggrieved by such defective performance may terminate this Agreement
forthwith,upon written notice thereof to the other party
Personal Services Agreement,Dr.Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
3.Duties of Pathologist: Dr Menchel shall provide the following services to the County-
a) Provide consultation as needed on deaths.
b) Perform full autopsies as necessary/appropriate
c)Perform medical records reviews.
d) Draw toxicological specimens as needed/appropriate.
e) Provide for histological services to be performed.
f) Provide written documentation of procedures, and conclusions within thirty (30) days of the
service with the exception of cases that are pending toxicological results.
g) Maintain current licensing requirements for the State of Washington and provide the County
with copies of all licensure
h)Maintain the appropriate amount of insurance for performing pathological services.
4. Duties of the County. The Coroner shall provide Dr Menchel with notice of cases requiring
an autopsy
Autopsies.
a) The County will provide the morgue facilities including the equipment necessary to complete
the appropriate exam(s)
b) The County can provide a Forensic Assistant, depending on availability, to Dr Menchel at the
cost to the County (County employee)
c) The County will meet all reasonable accommodations required by Dr Menchel.
Records consultations
i) Copies of the records to be reviewed.
5.Payment: Dr Menchel shall provide invoices to the County with an invoice for services within
two (2) weeks of the service being provided. The invoices shall contain.
a) The date of the service(s)
b) The services provided
c) The remittance address
The County will pay the invoice within two (2) weeks of its receipt. The fee schedule for the
services shall be as follows.
a) All autopsies will be invoiced at the rate of sixteen hundred dollars ($1600 00)
2
Personal Services Agreement,Dr.Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
b) Records consultations will be invoiced at the rate of three hundred and seventy-five dollars
($375 00)per hour
6. Indemnity Dr Menchel shall indemnify and hold the County, its elected officials, officers,
employees, and volunteers harmless from all liability arising out of or relating to Dr Menchel
performance,purported performance or non-performance of this Agreement. Each Party shall be
responsible for his/her/its own acts and omissions and shall be liable for payment of that portion
of any and all claims, liabilities, injuries, suits, and demands and expenses that may result from or
arise out of any alleged malfeasance, or neglect caused by said Party, its employees, agents, or
subcontractors. If a claim is made against more than one Party, each Party shall cooperate in the
defense of said claim and cause its insurers to do likewise. Each Party shall, however retain the
right to take any action it believes necessary to protect its own interests.
7. Insurance and Defense. Dr Menchel, shall at all times maintain a policy of professional
liability insurance from an insurer licensed to do business in the State of Washington in an amount
not less than$1 million per occurrence and$1 million aggregate. Dr Menchel further shall tender
to the Lewis County Risk Manager at the Lewis County Courthouse within 30 days of the signing
of this Agreement, and then in the month of January of each calendar year while this Agreement
is in effect, a certificate of insurance in respect of such policy naming the County as an additional
insured. In the event that the County or any of its elected officials, officers, employees, or
volunteers is sued for any act or failure to act arising out of or relating to Dr Menchel performance,
purported performance or non-performance of this Agreement, Pathologist shall provide a legal
defense for the County or such individual.
8. Not covered under the contract: Should the pathologist be required to provide testimony or
depositions in any legal proceeding arising out of or relating to any autopsy or other work which
Pathologist has performed for the County Coroner, the county will only be responsible for
Pathologist's charges for testifying or providing a deposition if the County issued a subpoena to
Pathologist. In all other instances Pathologist is free to charge whoever issues such a subpoena or
requires such testimony or deposition evidence.
a) Dr Menchel shall bill the agency, and not the Lewis County Coroner, that issues a subpoena
requiring expert testimony in court and/or at depositions regarding cases in which they have
performed pathological services as outlined in this contract.
9.Entire agreement. This Agreement:
(a) contains the entire understanding of the parties with respect to the subject matter covered,
(b) supersedes all prior and contemporaneous understandings, and
(c)may only be amended in a written instrument signed by the parties.
10. Choice of law and venue. This Agreement is made in Lewis County,Washington. It shall be
construed in accordance with the laws of the State of Washington(excluding Washington's choice
of law rules) and of the United States of America. Any action to enforce any rights or obligations
created by this Agreement or to construe this Agreement shall be brought in the Superior Court of
3
Personal Services Agreement,Dr Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
a
Washington for Thurston County in Olympia,or m the United States District Court for the Western
District of Washington in Tacoma.
11. Survival of Agreement Agreement. This shall be binding upon and inure to the benefit of the
g g
parties hereto and all of their respective heirs, successors, and to their assigns. The terms,
conditions,and warranties contained in this Agreement that by their sense and context are intended
to survive the completion of the performance, cancellation, or termination of this Agreement shall
so survive.
12. Notices. Any notice anticipated by or tendered pursuant to this Agreement shall be sent by
Certified Mail to a party at its address listed on page 1 hereof. The notice shall be deemed to be
received on the third business day following its mailing. Alternatively, a notice may be sent to a
party by email to an email address used consistently by that party in communicating with the co-
contracting party Unless the sender receives a notice of non-deliverability, the notice shall be
deemed delivered on the day it is sent. However, a notice sent by email after 5.00 p.m. at the
recipient's address, or on a Saturday, Sunday, or public holiday, shall be deemed delivered on the
next business day
13. Severability.If any provision of this Agreement is found to be contrary to law or public policy
or is declared null and void by a court of competent jurisdiction, the remaimng provisions shall
remain in full force and effect and binding upon the parties.
14. Waiver. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of this
Agreement unless stated to be such in writmg and signed by the parties hereto or by their
authorized representatives.
15. Assignment and delegation. Neither party may assign any benefit nor delegate any duty
provided for, anticipated, or arising out of by this Agreement without the prior express written
consent of the other party
16. Contra Proferentem Rule Excluded. This Contract was negotiated and drafted jointly by the
parties, and it shall not be construed against either part in case of any dispute.
17. Facsimile. This Agreement may be executed by facsimile signature and such execution shall
be binding.
18. Rules of interpretation.
a)No provision of this Agreement shall be interpreted for or against a party because that party or
its legal representative drafted that provision, and this Agreement shall be construed as if jointly
prepared by the parties.
b) In this Agreement the singular shall be deemed to embrace the plural and the masculine shall
be deemed to embrace the feminine.
19. Headings. In this Agreement paragraph headings appear for convemence of reference only,
and they shall not be used or considered in construing the terms hereof.
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Personal Services Agreement,Dr Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
•
20. Status of the Parties. This is an agreement for services only, and it is not an agreement of
service.
a) Neither party shall be the agent of the other, whether for purpose arising out of or relating to
this Agreement, or otherwise. At no time shall either party, its elected officials, officers, or
employees hold itself out to be the agent of the other party
b) All persons hired by Dr Sigmund Menchel to perform services anticipated by this Agreement
shall at all times be its sole and exclusive employees, and in no event shall they or any of them
thereby become employees of the County in executing the Agreement.
c) At no time and for no purpose shall the County be a co-employer of any employee of Dr
Menchel.
d) Dr Menchel shall at all times maintain such unemployment insurance and workers'
compensation insurance as may be required by Washington law in full force and effect for all of
its members principals, and employees who may, from time to time,perform services pursuant to
this Agreement.
Signed for and on behalf of each party hereto by its authorized representative on the date
inscribed beneath his signature.
L COUNTY D . SIGM, i► NC L, M.D
per Warren McLeod, Coroner per Dr 1 gmund Menchel, M.D
t►/i 4 , 2019 r-�'` 41_,
2019
Reviewed as to form
Jonathan Meyer, Lewis County Prosecutor
,,;///a,/
per-Gu 1en-R-GaCto Civil Deputy Prosecutor
II /S , 2019 /' � /%4/)&k.re//
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Dec 9, 2019
Suggested Wording for Agenda Item: Agenda Type: Deliberation
approve contract with Dr Sigmund Menchel
Contact: Warren McLeod Phone: 3365
Department: CRNR - Coroner
Description:
a contract with Dr Menchel for autopsy services
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