Approve contracts with Dr. Lacsina, Dr. Adams and Dr. Quinn BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO 19-366
APPROVE CONTRACTS WITH DR. LACSINA, DR.
ADAMS, DR. QUINN
WHEREAS, Lewis County does not employ Forensic Pathologists, and
WHEREAS, autopsies must be completed by board-certified Forensic Pathologists, and
WHEREAS, Forensic Pathologists have entered into 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 contracts with Dr Lacsina, Dr Adams and Dr Quinn
at the rate of $1500 per autopsy, $750 per external examination 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
� pgD 6 s1•'°UNTY,k„.1•.
. SSG Gary Stamper
�° ',0A•S3ary Stamper, Vice Chair
,
g45
.tZpvcoc4': o
Rieva Lester •'�GTONS'• Edna J . Fund
Rieva Lester, Edna J Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
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 Emmanuel Lacsina, M.D., Forensic Pathologist, 5813 4961 Street Ct. West University Place,
WA 98467-3688,hereafter referred to as Dr Lacsina.
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. Lacsina,MD
e) Autopsy means a complete invasive examination of decedents involving the
removal/examination of internal organs.
f) External exam means an external viewing of the decedent that may include the collection of
toxicological specimens.
g) Toxicological specimens includes blood,urine, and/or vitreous fluids.
h) Consultations mean telephone consults regarding deaths.
i)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 2019 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
Personal Services Agreement,Dr Emmanuel Lacsina,Forensic Pathologist,
and Lewis County,WA.
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
3. Duties of Pathologist: Dr Lacsina shall provide the following services to the County'
a) Provide consultation as needed on deaths.
a)Perform full autopsies as necessary/appropriate
b)Perform external exams 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 Lacsina with notice of cases requiring an
autopsy/external exam/records consultation.
Autopsies/external exams.
a) The County will provide the morgue facilities including the equipment necessary to complete
the appropriate exam(s).
b)The County will provide a Forensic Assistant, depending on availability,to Dr Lacsina at the
cost to the County(County employee).
c)The County will meet all reasonable accommodations required by Dr. Lacsina.
Records consultations
i) Copies of the records to be reviewed.
5.Payment: Dr Lacsina shall provide monthly invoices to the County with an invoice for services
by the fifth(5t11)of every month. These invoices must be acceptable to the Lewis County Auditor
The invoices shall contain.
a)The date of the service(s)
2
Personal Services Ag reement,Dr Emmanuel Lacsina,Forensic Pathologist,
and Lewis County,WA.
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) Full autopsies will be invoiced at the rate of fifteen hundred dollars($1500 00).
b)
b)External exams will be invoiced at the rate of seven hundred and fifty dollars ($750 00).
c) Records consultations will be invoiced at the rate of three hundred and seventy-five dollars
($375 00)per hour
6. Indemnity. Dr. Lacsina shall indemnify and hold the County, its elected officials, officers,
employees, and volunteers harmless from all liability arising out of or relatmg to Dr Lacsina
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.Lacsina,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 $3 million aggregate. Dr Lacsina 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. Lacsina's
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 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, 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 Lacsina 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.
3
Personal Services Agreement,Dr.Emmanuel Lacsina,Forensic Pathologist,
and Lewis County,WA.
1
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
Washington for Thurston County in Olympia,or in the United States District Court for the Western
District of Washington in Tacoma.
11. Survival of Agreement. This Agreement shall be binding upon and inure to the benefit of the
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 remaining 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 writing 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 Proferentenz 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.
4
Personal Services Agreement,Dr Emmanuel Lacsina,Forensic Pathologist,
and Lewis County,WA.
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 convenience of reference only,
and they shall not be used or considered in construing the terms hereof.
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. Emmanuel Lacsina 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 th e Agreement.
c) At no time and for no purpose shall the County be a co-employer of any employee of Dr
Emmanuel Lacsina.
d) Dr Lacsina 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.
5
Personal Services Agreement,Dr Emmanuel Lacsina,Forensic Pathologist,
and Lewis County,WA.
Signed for and on behalf of each party hereto by its authorized representative on the date
inscribed beneath his signature.
LEWIS COUNTY DR. EMMANUEL LACSINA,M.D
7-() (M,. 14:3 virediOdeit7 '7/"P
per Warren McLeod, Coroner per Dr Emmanuel Lacsina,M.D
a ei q , 2019 J r ,2019
3ULy
Reviewed as to form
Jon. han Meyer,Lewis County Prosecutor
/IP`
er Cullen R. Gatten, Civil Deputy Prosecutor
F
6
Personal Services Agreement
Tins 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 Stanley Adams, M.D, Forensic Pathologist, listed as Washington Forensic Services, PLLC,
10611 106th Place NE,Kirkland,WA 98033 and hereafter referred to as Dr Adams.
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 Adams,MD
e) Autopsy means a complete invasive examination of decedents involving the
removal/examination of internal organs.
t) External exam means an external viewing of the decedent that may include the collection of
toxicological specimens.
g) Toxicological specimens includes blood, urine, and/or vitreous fluids.
h) Consultations mean telephone consults regarding deaths.
i)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 2019 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
Personal Services Agreement,Dr.Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
thereof, the party aggrieved by such defective performance may terminate this Agreement
forthwith, upon written notice thereof to the other party
3.Duties of Pathologist: Dr Adams shall provide the following services to the County.
a) Provide consultation as needed on deaths.
a)Perform full autopsies as necessary/appropriate
b)Perform external exams 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 Adams with notice of cases requiring an
autopsy/external exam/records consultation.
Autopsies/external exams:
a) The County will provide the morgue facilities including the equipment necessary to complete
the appropriate exam(s).
b) The County will provide a Forensic Assistant, depending on availability, to Dr Adams at the
cost to the County (County employee)
c)The County will meet all reasonable accommodations required by Dr Adams.
Records consultations:
i)Copies of the records to be reviewed.
5.Payment: Dr Adams shall provide monthly invoices to the County with an invoice for services
by the fifth(5th)of every month.These invoices must be acceptable to the Lewis County Auditor
The invoices shall contain.
a)The date of the service(s)
b)The services provided
2
Personal Services Agreement,Dr Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
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 fifteen hundred dollars ($1500 00).
b)External exams will be invoiced at the rate of seven hundred and fifty dollars($750 00)
c) Records consultations will be invoiced at the rate of three hundred and seventy-five dollars
($375 00)per hour
6. Indemnity. Dr Adams shall indemnify and hold the County, its elected officials, officers,
employees, and volunteers harmless from all liability arising out of or relating to Dr Adams
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 Adams,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 $3 million aggregate. Dr Adams 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 Adams 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 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, 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 Adams 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
3
Personal Services Agreement,Dr Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
(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
Washington for Thurston County in Olympia,or in the United States District Court for the Western
District of Washington in Tacoma.
11. Survival of Agreement. This Agreement shall be binding upon,and inure to the benefit of the
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 P �Y Y
Y Y P Y
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 remaining 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 writing 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.
4
Personal Services Agreement,Dr Stanley Adams,M.D Forensic Pathologist,and Lewis County,WA.
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 convenience of reference only,
and they shall not be used or considered in construing the terms hereof.
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 Stanley Adams 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
Stanley Adams.
d)Dr Adams 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 . IS COUNT gip DR. STANLEY ADAMS, M.D
111.110 , 4aLeo/PLO
per Warren McLeod, Coroner per Dr Stanley Adams,M.D
July ,2019 July J2 ,2019
Rev'ewpd as to form
Jonathdri Meyer, Lewis County Prosecutor
per ullen R. Gatten, Civil Deputy Prosecutor
July 2019
5
Personal Services Agreement
Tins AGREEMENT IS MADE on the later of the dates on which it is signed on behalf of the parties
hereto—
i
—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. Megan Quinn, Forensic Pathologist, DBA Pacific Northwest Forensic Pathology, PLLC;
PMB 421,2522 N Proctor St.,Tacoma WA 98406,hereafter referred to as Dr Quinn.
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 Quinn,MD.
e) Autopsy means a complete mvasive examination of decedents involving the
removal/examination of internal organs.
f) External exam means an external viewing of the decedent that may include the collection of
toxicological specimens.
g) Toxicological specimens includes blood,urine,and/or vitreous fluids.
h)Consultations mean telephone consults regarding deaths.
i)Decedent means a person who has passed away.
2. Duration:The term of this Agreement shall begin on November 1,2019 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 2019 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
Personal Services Agreement,Dr.Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
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
3.Duties of Pathologist: Dr Quinn 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 Quinn 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 Quinn at the cost
to the County(County employee).
c)The County will meet all reasonable accommodations required by Dr. Quinn.
Records consultations:
i) Copies of the records to be reviewed.
5.Payment: Dr. Quinn shall provide monthly invoices to the County with an invoice for services
by the fifth(5th)of every month.These invoices must be acceptable to the Lewis County Auditor.
The invoices shall contain.
a)The date of the service(s)
b)The services provided
2
Personal Services Agreement,Dr.Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
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 fifteen hundred dollars($1500.00).
b)External exams will be invoiced at the rate of seven hundred and fifty dollars($750.00).
c) Records consultations will be invoiced at the rate of three hundred and seventy-five dollars
($375 00)per hour
6. Indemnity. Dr Quinn shall indemnify and hold the County, its elected officials, officers,
employees, and volunteers harmless from all liability arising out of or relating to Dr. Quinn
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 Quinn 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 $3 million aggregate. Dr. Quinn 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. Quinn 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 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, 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. Quinn 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 411 prior and contemporaneous understandings, and
3
Personal Services Agreement,Dr.Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
(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
Washington for Thurston County in Olympia,or in the United States District Court for the Western
District of Washington in Tacoma.
11.Survival of Agreement. This Agreement shall be binding upon and inure to the benefit of the
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 remaining 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 writing 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.
4
Personal Services Agreement,Dr.Stanley Adams,M.D.Forensic Pathologist,and Lewis County,WA.
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 convenience of reference only,
and they shall not be used or considered in construing the terms hereof.
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 arismg 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 Megan Quinn 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.Quinn.
d)Dr Quinn 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.
LEWIS COUNTY DR.MEGAN QUINN,M.D.
iii4 ..1,4_.. __________
per Warren McLeod, Coroner per Dr Megan Quinn,M.D
t o\2-ct ,2019 r___ in 2'i ,2019.
Reviewed as to form F--
Jonathn- 8wis County Prosecutor,
per ullen-It— Civil Deputy Prosecutor
/01/dw4e-j; 2019
/1_A,i„, 4. ifo.... ),ii
5
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Dec 9, 2019
Suggested Wording for Agenda Item: Agenda Type: Deliberation
approve contracts with Dr Lacsina, Dr Adams, Dr Quinn
Contact: Warren McLeod Phone: 3365
Department: CRNR - Coroner
Description:
Contracts with Forensic Pathologists for autopsy services
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies