DRAFT IGA BTW OME AND PUBLIC HEALTH SEATTLE 2026.06.16.DOCX
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1 of 9 Intergovernmental Agreement (“Agreement” or “IGA”) Between Public Health Seattle & King County – King County Medical Examiner’s Office (“PHSKC”) and Maricopa County (“County”) Acting through its Office of the Medical Examiner (“OME”) WHEREAS, PHSKC and the OME desire to enter into an agreement for forensic neuropathology consultation services including examination and investigation on cases where neuropathology consultation is requested; and WHEREAS, PHSKC is authorized to contract with entities for certain services pursuant to the King County Charter, and WHEREAS, the OME is authorized to enter into agreements pursuant to A.R.S. § 11-951 and 11-592 et seq.; and NOW, THEREFORE, PHSKC and the OME, (collectively the “Parties”), pursuant to the above and in consideration of the matters hereinafter set forth do mutually agree as follows: 1. PURPOSE OF THE AGREEMENT This Agreement establishes mutual rights and responsibilities for the provision of forensic neuropathology consultation services including examination and investigation to OME by PHSKC and payment by OME to PHSKC for such services. The parties agree that this Agreement is not exclusive and that OME retains the right to obtain any of the services referenced herein in the open market. 2. TERM OF THE AGREEMENT The Initial Term of this Agreement is August 1, 2026 through July 31, 2029 unless otherwise terminated or canceled as provided herein. Four (4), one (1) year extensions may also be granted with approval from both Parties. OME may sign extensions, without the Board of Supervisors approval, so long as neither the financial obligation nor indemnification terms do not change. 3. COST OME will reimburse PHSKC for neuropathology services at a flat rate of $2000 per case, which includes shipping materials and shipping costs to and from PHSKC. The cost of IHC stains if necessary for diagnostic purposes related to cause and manner of death are included in this fee. See Appendix A. 4. TERMINATION OF AGREEMENT Each Party shall have the right to terminate this Agreement by mailing the other Party written notice of termination by certified mail, return receipt requested, or by electronic mail with delivery receipt and 2 of 9 return acknowledgement, at least thirty (30) days prior to the termination date. If the IGA is terminated pursuant to this Section 4, OME will be liable only for payment in accordance with the terms of this IGA for specimens received by PHSKC prior to the effective date of termination; PHSKC shall complete workup on specimens received prior to the date of termination; and PHSKC shall be released from any obligation to provide further services pursuant to the IGA. 5. CONFIDENTIALITY PHSKC and the OME shall maintain procedures and controls in accordance with federal and state law, Arizona Administrative Code, PHSKC Policies, and Maricopa County / OME policies for the purpose of assuring that no information contained in records or obtained from OME shall be used or disclosed by the Parties except as is essential to performance of duties under this Agreement or as otherwise required by law. No medical information or Personally Identifying Information (PII) that may be exchanged through this Agreement shall be made available for to any one outside of the Parties for any purpose, including but not limited to political or commercial purpose. Each party shall advise the other if there a breach of databases or other electronic or hard copy files which impacts the other’s confidential information. 6. PUBLIC RECORDS Notwithstanding any other provision of this Agreement, the Parties acknowledge that OME is subject to A.R.S. §§ 39-121 through 39-128 and PHSKC is subject to RCW 42.56 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of Arizona law. However, under no circumstances will PHSKC release photos or images to any person, including but not limited to next-of-kin or members of the public. A.R.S. § 11-597.02. 7. CASE RECORDS PHSKC personnel (“Personnel”) shall timely keep and maintain adequate case records for all of the Services provided hereunder in accordance with customary standards of good medical practice and any further documentation procedures established by PHSKC from time to time. All records, files, papers, documents, audio dictations, and materials generated in the course of the consultation are the property of PHSKC. All final materials are the property of Maricopa County; these include residual tissue, histology blocks, histology slides, photographs, and final forensic neuropathology report. Following termination of this Agreement for any reason, Maricopa County shall, upon reasonable and appropriate request by PHSKC, and at PHSKC’s expense, make available to PHSKC Maricopa County’s case records that may be necessary for Personnel in preparation of defense against any malpractice claim; response to federal, state, or private investigation or claim; or for another bona fide purpose. PHSKC personnel shall secure appropriate releases of such materials as necessary. If personnel require a report only, they should complete a Public Records Request. If Personnel require additional documents, including photographs, the Maricopa County Office of the Medical Examiner must receive a court order or subpoena. 3 of 9 8. APPLICABLE LAW This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. In addition, the Parties obligations hereunder are subject to the laws of the State of Arizona. The Parties agree that the venue for any claim in any way related to this Agreement shall be Maricopa County, Arizona. 9. COMPLIANCE WITH LAW The Parties warrant that they are in compliance with the laws of their respective State and all Federal laws. 10. NOTICE OF CLAIM As soon as practicable, Maricopa County shall provide written notice to PHSKC as provided in this Agreement of any claim, demand, or other matter to which PHSKC’s indemnification obligation may apply, and shall give PHSKC reasonable opportunity to defend the same at their expense and with counsel of their own selection; provided, however, that Maricopa County shall at all times also have the right to participate in the defense at its own expense. In Arizona, the pertinent notice of claim and statute of limitations statutes when making a claim against a political subdivision are A.R.S. §§ 12-821, -821.01. 11. DISPUTE RESOLUTION The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve the dispute under this section. However, if the parties are unable to cooperatively resolve a dispute that arises in connection with this Agreement, the parties waive any requirement for arbitration regardless of the current jurisdictional limit in A.R.S. § 12-1518. See A.R.S. §§ 12-133(B), 12. RELATIONSHIP Nothing in this Agreement shall make any PHSKC employee or OME employee an agent or employee of the other party to this Agreement. 13. INSURANCE OME and PHSKC are self-insured for liability. 14. INDEMNIFICATION Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death), allegations of error or malpractice, or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4 of 9 15. SCOPE OF SERVICES a. OME i. Conduct background check on PHSKC personnel providing services. ii. Prepare specimens to specifications provided by PHSKC, including decalcifying cervical spine specimens. iii. Send specimens to PHSKC utilizing package mailer and mailing label provided by PHSKC. Additional mailers and mailing labels will be provided as requested. iv. Authorize PHSKC personnel to connect to applicable Maricopa County systems. v. Reimburse based on Section 3. b. PHSKC i. Provide services by personnel certified by the American Board of Pathology in both Neuropathology and Forensic Pathology. ii. Provide services by personnel licensed to practice medicine within the United States. iii. Provide services by personnel in good standing. Personnel must not be included on any Brady list. iv. Personnel shall perform their duties in accordance with prevailing professional standards and rules of ethics of the medical profession, generally, as well as applicable standards and rules governing their specialty area of practice. Personnel shall also adhere to applicable Maricopa County and OME policies and procedures and to the standards of the National Association of Medical Examiners. v. Provide a package mailer and return label for use by OME with the express purpose of transmitting specimens via FedEx. vi. Conduct gross examination of specimens which may include formalin-fixed brains, eyes (only in infants less than 1 year of age), cervical spine, spinal cord and dura, to be detailed in the Neuropathology Consultation form completed by OME. vii. Conduct microscopic examination as deemed appropriate. viii. Provide original, unaltered photographic documentation of gross specimens and histologic photographs (if appliable) via secure electronic file transfer, or on a CD or USB drive. ix. Provide phone/video consultation, not to exceed one hour, with OME to review results and answer questions. x. Provide a Forensic Neuropathology Report transmitted electronically to OME within 90 days after specimen receipt date, including: 1. Gross and microscopic findings of the exam. 2. Neuropathologic diagnoses. 3. Interpretation of findings within a comments section. 4. Appropriately authenticated digital signature. xi. Return materials to OME, including residual tissue, formalin-fixed paraffin- embedded tissue blocks, microscopy slides, and photographs. Photographs can be shared electronically via a secure file transfer. xii. Maintain chain of custody for all materials received by and released to OME. xiii. Personnel must not consult with law enforcement, attorneys, families, or other individuals regarding case findings without first consulting with OME Medical Examiner staff. xiv. May provide educational opportunities to OME staff, including Forensic Pathology Fellows, via virtual brain cutting and/or virtual didactic lectures. xv. Should the signatory neuropathologist be asked to testify or be deposed, coordinate with the requesting party who is responsible for arranging travel and accommodations for the signatory neuropathologist. 5 of 9 xvi. Coordinate with the requesting party regarding an additional hourly rate that is applied to the following, and will be paid by the requesting party: 1. Case preparation for testimony 2. Testimony, Depositions, and/or defense interviews 3. Non-productive time awaiting testimony 4. Travel time 16. BILLING, REIMBURSEMENT, AND COMPENSATION a. Upon completion of the neuropathology consultation, including return of materials and delivery of signed report, PHSKC should submit a detailed invoice before payments(s) can be made. Invoices should include only one case. At a minimum, the invoice must provide the following information: i. Company name, address and contact ii. County bill-to name and contact information iii. Contract/Serial Number (C number to be provided once fully approved) iv. County purchase order number (if applicable) v. Unique invoice number and date vi. Payment terms vii. Date of service or delivery viii. Description of Purchase (services, OME case number) ix. Pricing per case x. Itemized Extended Price (if applicable) xi. Total Amount Due b. Problems regarding billing or invoicing should be directed to OME Procurement Officer at 602-506- 3322. c. Payment will be made by Maricopa County Accounts Payable through the Maricopa County Electronic Funds Transfer (EFT) process. d. If a credit is due to either PHSKC or OME, a written credit memo will document and accompany any changes. 17. TERMINATION FOR LACK OF FUNDING Pursuant to A.R.S. § 38-511, if any action is taken by any State, Federal or other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Agreement, PHSKC or OME may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Agreement with 30 days written notice. Any cases underway must be completed and paid for. 18. AUTHORITY a. This Agreement does not imply authority to perform any tasks or to accept responsibility for any terms not expressly stated in this Agreement. b. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in the Agreement. 6 of 9 19. SUBCONTRACTORS/ASSIGNMENTS/AGREEMENTS Neither party will subcontract or assign the duties established under this Agreement to any other person including independent contractors without the express written permission of the other Party. 20. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this IGA, and this IGA shall not impart any rights enforceable by any person or entity that is not a party here to. 21. SECTION HEADINGS Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 22. COMMUNICATION Informal communication for operational issues may be directed to the appropriate individual listed below: FOR PHSKC: Investigations Manager King County Medical Examiner’ Office 908 Jefferson Street Seattle WA 98104 Phone: (206) 731-3232 x5 FOR MARICOPA COUNTY and its OFFICE OF THE MEDICAL EXAMINER: Deputy Chief Medical Examiner Maricopa County OME 701 W. Jefferson Street Phoenix AZ 85007 Phone: (602) 506-3322 23. FORMAL NOTICES, CORRESPONDENCE, AND REPORTS Formal notices shall be delivered to: FOR PHSKC: Administrator III King County Medical Examiner’s Office 908 Jefferson Street Seattle WA 98104 Phone: (206) 731-3232 x4 7 of 9 FOR MARICOPA COUNTY and its OFFICE OF THE MEDICAL EXAMINER: Maricopa County OME Administrative Director 701 W Jefferson Street Phoenix AZ 85007 Phone: (602) 506-3322 24. ENTIRE AGREEMENT All amendments and modifications to this Agreement shall be in writing and signed by both parties and are subject to the approval of the Board of Directors of PHSKC and the Maricopa County Board of Supervisors. This Agreement may be modified at any time by mutual written amendment signed by the authorized representative of the respective Parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Scanned or electronic signatures are acceptable as original signatures. 8 of 9 IN WITNESS WHEREOF, the parties agree to enter into this Agreement: MARICOPA COUNTY BOARD OF SUPERVISORS BY: _________________________________ Chairman, Board of Supervisors Date: ______________________ ATTEST: ________________________________ Clerk of the Board Date: ______________________ Approved as to form: ________________________________ Deputy County Attorney PUBLIC HEALTH SEATTLE & KING COUNTY BY: _______________________________ XXXXX Date: ______________________ 9 of 9 APPENDIX A King County Medical Examiner’s Office Fee Schedule for Forensic Neuropathology Services Neuropathology Exam for External Customer $2,000 This includes provision of a package mailer and return label for use by Maricopa County OME with the express purpose of transmitting formalin-fixed specimen(s) via FedEx; gross and, if indicated, microscopic examinations of formalin-fixed specimen(s), which may include formalin-fixed brains, eyes (only in infants less than 1 year of age), cervical spine, spinal cord, and dura by a board-certified Forensic Neuropathologist; provision of a Forensic Neuropathology Report transmitted electronically; provision of original, unaltered photographs via secure electronic file transfer, or on a CD or USB drive; return of materials to OME, including remnant tissue, formalin-fixed paraffin-embedded tissue blocks, and microscopy slides; phone/video consultation with OME to review results and answer questions not to exceed 1 hour. Mailing address: King County Medical Examiner’s Office 325 Ninth Avenue, HMC Box 359792 Seattle, WA 98104 Testimony and Related Expenses Variable The following items related to testimony are to be charged at an hourly rate based on the signatory Forensic Neuropathologist’s salary: case preparation; interviews/depositions; testimony time; inactive time awaiting testimony; phone calls lasting longer than 15 minutes (cumulative); and travel time. Flight, hotel, and other transportation-related expenses are to be paid by Requesting Party.