HomeMy WebLinkAboutResolutions - 1983.10.06 - 11741MISCELLANEOUS RESOLUTION 83277 October 6, 1983
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MEDICAL EXAMINER CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has been without a Chief Pathologist since January 31,
1982 and Pathologist since August 22, 1981; and
WHEREAS the County has conducted an extensive search to find an acceptable
qualified candidate to fill a Medical Examiner position; and
WHEREAS the County has utilized contractual arrangements to perform these
functions until an acceptable qualified candidate could be hired; and
WHEREAS said candidate has been found and has been offered and accepted the
position of Medical Examiner on a contractual arrangement with the County; and
WHEREAS said contract runs October 1, 1983 through September 30, 1984 and
requires an appropriation adjustment within the Medical Examieris Division Budget.
NOW THEREFORE BE IT RESOLVED that pursuant to Rule XI-C of this Board, the
Finance Committee has reviewed said contract and finds the following:
1) The positions of Chief Pathologist (#00804) and Pathologist (#00802)
be frozen effective October 1, 1983 and be deleted in the 1984 Budget
until such time as the positions are reviewed and recommendations made as
to their status in 1984.
2) That the salary and fringe cost associated with these positions be trans-
ferred to the Medical Services-Autopsy line-item as follows:
169-01-00-1001 Salaries $(111,795)
-2074 Fringe Benefits ( 31,740)
-3112 Med. Serv. Autop. 143,535
-0 -
3) That the 1984 Budget includes sufficient funds in accordance with said
contract.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
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I
Robert U. Ppge, Vice Chkflp4rson
I HEREBY APPPOVE THE FOREGOING RESOLUTION
MEDICAL EXAMINER
4 10100 169 01 00 3112
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CONTRACT
DANIEL T. MURPHY--OAKLAND COUNTY EXECUTIVE
DEPARTMENT OF MANAGEMENT AND BUDGET
Purchasing Division
Requisition Number 83-057 Contract Number PSC 370
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT, made this 1st day of October, 1983 3 between the COITNTY OF
OAKLAND, a Michigan Constitutional Corporation, hereinafter called 'Couaty,"
and BILL G. BROOKS, M.D., hereinafter called "Contractors"
WITNESSETE;
For and in consideration of the mutual covenants and agreements herein
contained, it is agreed by and between the parties hereto that the County
shall retain Contractor as an Independent contractor, with the parties
agreeing to the following terms and conditions:
A. The duties of the Contractor shall be:
1. To perform the duties of acting Medical Examiner under the
administrative direction of the Institutional and Human Services Department
Director.
2. To extablish procedures and to direct the operations of the Medical
Examiner's Office in a manner consistent with Departmental and County policy
and specifically in accord with attached position descriptions
3. To perform autopsies and prepare detailed, written autopsy protocols
and to perform postmortem examinations and prepare detailed written poatmarten
protocols.
4. To perform on an annual basis, one half or more of the total
autopsies and one half or more of the total postmorten examinations conducted
by the medical Examiner's Offices
5. To appear in court and give testimony on any case requiring the
Medical Examiner's participation.
6. To assume directorship of the combined Medical Care Facility era]
Public Health Division Laboratory. Also act as Chairman of a Laboratory
Oversight Committee.
7. The Contractor agrees to conduct himself at all times with decorum
and propriety commensurate with the dignity of his position and profession.
1 8. The Contractor shall not engage in any activity or enterprise,
! assume any employment, accept any position, or enter into any contract which
may conflict with his duties as outlined in this contract.
B. The County agrees that it will:
1. Pay the Contractor at a per arum rare of $85,000,00, These payment
shall be made on a hi—weekly basis for the duration of the contract.
2. The County, thr o ugh the Director of -Institutional and 1111mon Servces,
reserves the right to terminate the contract upon sixty (60) days written
notice to the Contractor.
3. The Contractor shall have the right to terminate this contract and
all the duties and obligations hereih created upon sixty (60) days written
notice to the County,
4. This contract shall he automatically renewed as of Soptembey 30, 1.9E',t
unloss cancel lid In accordance with nor Ice procedures outlined in B,3,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the respective dates hereund/r Indicated.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
Director, Institutional and
Human Services
WITNE(SS:
ndividual Contractor)
`Z- 2 7-4.A.-7
(Date;
1/) Oak', di County Purchasing
' '1/-•----1(
NON-DISCRIMINATION
In connection with the performance of Work under this Contract, the
Contractor agrees not to discriminate against any employee or applicant for
employment because of sex, race, religion, color, national origin, or
handicap, The aforesaid provision shall include, but not to be limited to the
following: recruitment or recruitment advertising; employment, upgrading,
demotion or transfer; layoff and selection for training, includin
apprenticeship, in accordance with rules and regulations promulgated by
Federal (Compliance Responsibility for Equal Employment Opportunity - Chapter
60, 60-1, 4, No. 1-7) and State (Standards and Procedures for Executive
Directive 1975-6, Section II-C, 1V-C, and V-AB) agencies and related Federal
and State Laws and regulations.
IT IS MUTALLY AGREED AND UNDERSTOOD:
I. That the relationship of Contractor to the County is and shall
continue to be that of an Independent contractor; and no liability or benefits
such as, but not limited to, Worker's Compensation benefits, retirement and
pension benefits, or insurance benefits, or such other rights or liabilities
arising out of a contract of hire or employer-employee relationship shall
arise or accrue to either party as a result of this agreement.
2. The Contractor, as an independent contractor, shall save and hold the
County of Oakland harmless in any actions related to his/her professional work.
practice. The Contractor, as an Independent Contractor, will further provide
the County of Oakland with a certified copy of medical malpractice insurance
which protects the County for negligence in the performance of his forensic
pathology duties and other related duties as Medical Examiner.
3. This Contract shall become effective on the first day of October,
1983 and shall terwinate on the 30th day of September, 1984,
(Date)
2
83277 October 6, 1983
6th this
Moved by Page supported by Gosling the resolution be adopted.
AYES: Rewold, Wilcox, Aaron,"Doyon, Foley, Fortino, Gosling, Hobart,
Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt,
Nelson, Olsen, Page, Perinoff, Pernick, Price. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution 83271 'adopted by the Board of Commissioners at their meeting
held on October 6, 1983
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
day of 7 ) October 1983
Q ALLEN
County Clerk/Register of Deeds