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HomeMy WebLinkAboutResolutions - 2005.10.06 - 27971MISCELLANEOUS RESOLUTION #05223 September 22, 2005 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2004 the County of Genesee requested that the County of Oakland provide the services of the Oakland County Medical Examiner; and WHEREAS Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., Oakland and Genesee County entered into a Joint Operating Agreement for the purposes of providing the services of the Oakland County Medical Examiner's Office to Genesee County; and WHEREAS this agreement was approved by the Oakland County Board of Commissioners through passage of Miscellaneous Resolution #04254; and WHEREAS current Joint Operating Agreement between Genesee County and Oakland County Medical Examiner's Office is due to expire on or about September 27, 2005; and WHEREAS Genesee County and the Oakland County Medical Examiner's Office desire to extend the current joint operating agreement for a one-year period; and WHEREAS the Genesee County Board of Commissioners has approved the concept of the one-year extension. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes extending the original Joint Operating Agreement between the County of Genesee and the County of Oakland for a one-year period beginning on or about September 28, 2005. BE IT FURTHER RESOLVED that the future level of service, including personnel will be contingent upon sufficient revenue generated from the Genesee County contract to cover the costs of the positions created per Miscellaneous Resolution #04254. BE IT FURTHER RESOLVED that the Medical Examiner continue to report the revenue and/or losses generated from the contract over the next 12 months, on a biannual basis, to the Finance Committee and the Public Services Committee for review. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Interlocal Agreement for Medical Examiner Services between Oakland County and Genesee County, Scope of Work, and Fee Schedule on file in County Clerk's office. Public Services Committee Vote: Motion carried unanimously on a roll call vote. INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER SERVICES BETWEEN OAKLAND COUNTY AND GENESEE COUNTY THIS INTERLOCAL AGREEMENT ("Agreement") is made between the COUNTY OF GENESEE, a municipal corporation and political subdivision of the State of Michigan (hereinafter refereed to as "GENESEE") and the COUNTY OF OAKLAND (hereinafter referred to as "OAKLAND"), a municipal corporation and political subdivision of the State of Michigan. WITNESSETH: WHEREAS, GENESEE requires medical examiner services; and WHEREAS, GENESEE has requested that OAKLAND provide the services of the Oakland County Medical Examiner; and WHEREAS, Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., OAKLAND and GENESEE enter into this AGREEMENT for the purpose of providing the services of the Oakland County Medical Examiner's Office to GENESEE. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IS HEREBY AGREED by and between the parties as follows: AGREEMENT CONTENTS. This Agreement is comprised of the terms and conditions set forth below, the Exhibits attached hereto, and any other mutually agreed to and properly executed modification, amendment, addendum, or change order. The Exhibits listed below are incorporated and part of this Agreement. Exhibit A — Scope of Services Exhibit B — Fee Schedule II. SERVICES TO BE PERFORMED BY THE OAKLAND COUNTY MEDICAL EXAMINER'S OFFICE. OAKLAND, through the Oakland Medical Examiner's Office, shall provide GENESEE with medical examiner services. The services to be provided are more fully set forth in the attached Scope of Services, labeled Exhibit "A", which is incorporated by reference into this Agreement and made a part hereof. Interlocal Agreement-Medical Examiner Services Services provided by the Oakland County Medical Examiner's Office do not include the transport of bodies and/or the remains of deceased to or from the Oakland County Medical Examiner's Office. The County of Genesee is solely and exclusively responsible for the transportation of bodies and/or remains to and from the Oakland County Medical Examiner's Office. III. COMPENSATION. OAKLAND shall submit an invoice to GENESEE itemizing all amounts due under this Agreement within sixty (60) days of the completion of a case death investigation. Amounts owing shall be calculated in accordance with the attached Fee Schedule (Exhibit "B"). GENESEE shall pay the invoice submitted by OAKLAND within thirty (30) days of receipt of invoice. Checks shall be payable to "Oakland County Medical Examiner's Office" and remitted via first class mail to the Oakland County Medical Examiner's Office, 1200 N. Telegraph Road, Building 28E, Pontiac, MI 48341. Except as expressly provided in this Agreement, OAKLAND is not responsible for any cost, fee, fine or penalty incurred by GENESEE in connection with this Agreement. IV. RESPONSIBILITY FOR MATERIAL, SUPPLIES, FACILITIES AND SUPPORT PERSONNEL. OAKLAND shall provide all necessary materials, supplies, facilities and supporting personnel for the performance of services required under this Agreement. V. COMPLIANCE WITH THE LAW. The Oakland County Medical Examiner's Office, while engaging in any activity pursuant to this Agreement, shall comply with all applicable Federal, State and local laws, ordinances, rules and regulations. VI. NONDISCRIMINATION. GENESEE and OAKLAND, as required by law, shall not discriminate against a person to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, disability or genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status. GENESEE and OAKLAND shall adhere to all applicable Federal, State, and local laws, ordinances, rules and regulations prohibiting discrimination, including, but not limited to, the Elliott Larsen Civil Rights Act, 1976 PA 453 as amended; the Michigan Persons with Disabilities Civil Rights Act, 1976 PA 220 as amended; Section 504 of the Federal Rehabilitation Act of 1973 as amended, P.L. 93-112, 87 Stat 394 as amended, the Americans with Disabilities Act of 1990, P.L. 101-336, 104 Stat 328 (42 USCA sec 12101 et seq.) as amended, and regulations Interlocal Agreement-Medical Examiner Services promulgated thereunder. Breach of this section shall be regarded as a material breach of this Agreement. VII. STATUS OF EMPLOYEES. At no time shall an employee of one party be considered an employee or agent of the other in the performance of services under this Agreement. Each party shall be solely and completely liable for their respective employees' compensation, overtime wages, expenses, fringe benefits, pension and/or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances of reimbursement of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protections and benefits, any employment taxes and/or any other statutory or contractual right or benefit based on in any way related to their respective employment relationships. VIII. LIABILITY. Both parties agree that they will each be responsible for their own acts, including their own acts of negligence, and the defense of those acts or actions. IX. WAIVERS. No failure or delay on the part of either of the parties to this Agreement in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right, power or privilege preclude any other or future exercise of any right, power, or privilege preclude any other or future exercise of any other rights, power or privilege. X. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. XI. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. XII. AGREEMENT APPROVAL AND AMENDMENT. This Agreement shall not become effective prior to the approval by concurrent resolution of the GENESEE and OAKLAND County Boards of Commissioners. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the respective Boards of Commissioners and shall also be filed with the office of the Clerk for both Counties. In Interlocal Agreement-Medical Examiner Services 3 addition, OAKLAND shall file this Agreement and any subsequent amendments with the Secretary of State for the State of Michigan. Except as expressly provided herein, this Agreement may be amended only by concurrent written resolutions of the Parties' Boards of Commissioners. This Agreement shall not be changed, supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Agreement. XIII. AGREEMENT DURATION AND TERMINATION. This Agreement shall be effective on the day it is executed by authorized representatives of each County and shall continue for one year at which time it shall terminate unless extended by mutual consent of the parties hereto. Notwithstanding any other provision of this Agreement to the contrary, either party may terminate this Agreement prior to the termination date set forth herein if notice is given in writing to the other party at least sixty (60) days prior to the date on which such termination becomes effective. In the event of early termination, OAKLAND shall be compensated for all services performed up to the effective date of termination. XIV. SUBCONTRACTING OR ASSIGNMENTS. OAKLAND shall not subcontract or assign the duties of Oakland County's Medical Examiner under this Agreement without the prior written consent of GENESEE. XV. DISREGARDING TITLES. The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement. XVI. COMPLETENESS OF THE AGREEMENT. This Agreement and the additional or supplementary documents incorporated herein by specific reference contains all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof, shall have any validity or bind either of the parties hereto. XVII. INVALID PROVISIONS. If any provision of this Agreement is held to be invalid it shall be considered to be deleted and the remainder of this Agreement shall not be affected thereby. Where the deletion of the invalid provision would result in the illegality or uneforceability of this Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid. Interlocal Agreement-Medical Examiner Services 4 XVIII. CONCLUSION. For and in consideration of the mutual promises, acknowledgements and representations set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree to be bound by the above terms and conditions. IN WITNESS WHEREOF, Richard Hammel, Chairperson, Genesee County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Genesee County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County of GENESEE and hereby accepts and binds GENESEE to the terms and conditions of this Agreement. WITNESSED BY: COUNTY OF GENESEE By: Richard Hammel Chairperson Genesee Board of Commissioners Dated: IN WITNESS WHEREOF, Bill Bullard, Jr.„ Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County of OAKLAND and hereby accepts and binds OAKLAND to the terms and conditions of this Agreement. COUNTY OF OAKLAND WITNESSED BY: By: Bill Bullard, Jr. Chairperson Oakland Board of Commissioners Dated: Interlocal Agreement-Medical Examiner Services 5 Scope of Work The Oakland County Medical Examiner's Office (0CMEO) will investigate unexpected, unattended, unexplained, traumatic/violent deaths and other deaths referred by the Genesee County Medical Examiner. The OCMEO agrees during the term of this Agreement to the following services: A. Employ a sufficient number of qualified fulltime board-certified forensic pathologists, and board-eligible forensic pathologists working under supervision of the board- certified pathologists, other professional staff, and technical personnel to insure provision of high level forensic pathology services to Genesee County which include but are not limited to the following: 1. Perform in a timely manner autopsies, laboratory examinations and other medical procedures necessary to determine cause and manner of death as required by the Medical Examiner's Office of the GCHD pursuant to MCLA 52.201 et seq (hereinafter referred to as "medical examiner cases.") a. Perform autopsies within 24 hours of the death or the start of the death investigation, whichever is later. b. Perform other tests deemed necessary prior, during, or after the autopsy. 2. Comply with all Standard Operating Procedures (SOP) published by the OCMEO. 3. Submit written autopsy and toxicology reports detailing the results of Medical Examiner cases to the Genesee County Medical Examiner within sixty (60) days of the completion of the case death investigation. 4. Deliver invoices for work performed consistent with the Fee Schedule (see attached) to the Genesee County Medical Examiner within sixty (60) days of the completion of case death investigation. 5. Prepare, as necessary, for retention and storage of tissues, blocks, sections and other materials obtained in connection with forensic pathology services performed on Medical Examiner cases, and supervise the proper retention and storage of such materials, maintaining the chain of custody. 6. Consult, coordinate and cooperate with the Medical Examiner's Office including Medical Examiner Investigators, Michigan State Police, local police and sheriff agencies operating in Genesee County and with the Genesee County Prosecuting Attorney and staff. 7. Send a board-certified forensic pathologist to attend the Genesee County Child Death Review (CDR) meetings where autopsies performed by the OCMEO are being discussed. The forensic pathologist sent should be the one who performed the autopsy or autopsies, if possible, or his/her supervising forensic pathologist. 8. Provide a current list, with revisions if necessary, of all employed board- certified and board eligible forensic pathologists who are full-time staff of the OCMEO. Those professionals may be appointed as Genesee County Deputy Medical Examiners. B. Provide pathology services through qualified board-certified forensic pathologists, and board-eligible forensic pathologists supervised by board-certified forensic pathologists, other professional staff, and other technical personnel, which conform to: (i) all applicable state laws, rules and regulations; (ii) all applicable professional associations, including the College of American Pathologists and American Academy of Forensic Sciences; and (iii) any mutually agreed upon applicable standards of accreditation by the National Association of Medical Examiners. C. Provide the facilities, equipment and supplies needed to perform forensic pathology services required under this Agreement. D. Meet with Genesee County Medical Examiner/or his designate/every Friday at Noon, for the regular weekly pending cases conference at the OCMEO, if there are pending cases from Genesee County that week. OCMEO will routinely provide a current list of Genesee County pending Medical Examiner cases prior to a given Friday pending case review. E. To meet with the Genesee County Medical Examiner and staff to conduct Forensic Pathology Case (FPC) reviews of Genesee County Medical Examiner cases, as needed. F. Receive high-level cooperation and professional input from the Genesee County Medical Examiner and his agents. G. In the event that the Genesee County Chief Medical Examiner is unavailable, OCMEO will be available to provide the guidance in designating Medical Examiner cases and releasing non-Medical Examiner cases, assist with cremation permits and other matters within the scope of function of the Medical Examiner. GJ:ls:S:\Word97 \stickler\Dr. Johnson \ME \oakland scope of work 4-04.doc Fee Schedule Service Complete Autopsy External Examination (inspection) Body Storage Fee (per day) Physician On Call Services Physician Meeting Attendance Court Appearance (Pathologist and Other Staff) Doctor Fee: Death Certificates Consultation for: forensic anthropology forensic entomology forensic odontology Routine Toxicology Non-Routine Toxicology Metabolic Screening X-ray Tissue Slides: Pre-Blocked Non-Pre-Blocked Proposed Fee $1,800.00 (includes up to 5 calendar days storage at OCMEO and x-ray, evidentiary photographs, histopathology, neuropathology and routine toxicology) $400.00 (includes up to 5 calendar days storage at OCMEO, evidentiary photographs and routine toxicology) $25.00 (after 5 calendar days of storage at OCMEO) N/C N/C N/C N/C AT COST AT COST AT COST N/C AT COST N/C N/C N/C N/C GJ:ls:SAWord97\sticklenDr. Johnson ME\oakland scope of work 4-04.doc FISCAL NOTE (M.R. #05223) October 6, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS,CHAIRPERSON IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution approves and authorizes the continuation of an interlocal agreement to provide Genesee County Medical Examiner Services. 2. The original interlocal agreement was established with the passage of M.R. #04254. 3. The current interlocal agreement is due to expire on or about September 27, 2005. 4. Genesee County and the Medical Examiner desire to extend the interlocal agreement for a one-year period. 5. The new agreement would begin on or about September 28, 2005, pending passage by both the Genesee County Commissioners and the Oakland County Board of Commissioners. 6. The Medical Examiner shall continue to report the revenue and/or losses generated from the Genesee County contract over the next 12 months, on a biannual basis to the Finance Committee and the Public Services Committee for review. 7. Sufficient revenues and expenditures have been budgeted in the Fiscal Year 2006 and 2007 Budget. No additional amendments are required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford and Jamian absent. Resolution #05223 September 22, 2005 The Chairperson referred the resolution to the Finance Committee. There were no objections. Ruth Johnson, County Clerk Resolution #05223 October 6, 2005 Moved by Molnar supported by Suarez the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). on... STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 6, 2005, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of October, 2005.