HomeMy WebLinkAboutResolutions - 2006.04.06 - 28072MISCELLANEOUS RESOLUTION #06076 April 6, 2006
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PUBLIC SERVICES/MEDICAL EXAMINER — DATA SHARING AGREEMENT WITH THE DRUG
ENFORCEMENT ADMINISTRATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Medical Examiner's Office has been offered a $10,000 award
from the Drug Enforcement Administration (DEA), Office of Acquisition Management (FA), to participate in
the Drug Enforcement Administration's (DEA) National Drug-Related Death Reporting System (NDDRS)
"pilot program" for data sharing; and
WHEREAS The Drug Enforcement Administration's (DEA) National Drug-Related Death
Reporting System (NDDRS) data will help present a more complete indicator of the nature and extent of
drug-related deaths. Specifically, the Drug Enforcement Administration (DEA) funds will be used to
reimburse the County for a wireless laptop and wireless service, so data can be entered remotely; and
WHEREAS the Oakland County Medical Examiner's Office agrees to participate in the "pilot
program" by entering "toxicology positive" cases into the National Drug-Related Death Reporting
System's (NDDRS) database; and
WHEREAS the period of performance for this agreement between the Drug Enforcement
Administration (DEA) and Oakland County Medical Examiner's Office is August 15, 2005 to August 14,
2006.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the agreement between the Drug Enforcement Administration (DEA) and the
County of Oakland for the contract award.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized
to execute the agreement and to approve an extensions or changes within fifteen percent (15%) of the
original award, which is consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote
OAKLAND COUNTY
MEMO
CORPORATION
COUNSEL
PRIVILEGED AND CONFIDENTIAL
ATTORNEY CLIENT COMMUNICATION
To: Bob Gerds, Administrator, Oakland County Medical Examiner
From: Mike Blaszczak
Date: August 7, 2005
Re: Medical Examiner Federal Drug Enforcement Administration (D.E.A.)
National Drug Related Death Reporting System
File #: 2005-0306
Enclosed please find a final version of the proposed Memorandum of Understanding for
consideration by the Board of Commissioners to participate in the U.S. Drug Enforcement
Administration National Drug/Related Death Reporting System. This office finds no
outstanding legal/liability issues in the attached proposal.
Also by a copy of this memo, I am forwarding to Greg Givens the original signed copy of this
Memorandum sent to me by the DEA. It is my understanding that Fiscal Services will work
with your Department to present this proposal to the Board of Commissioners for their
consideration under the County's existing grant procedure.
Please advise whether this office can be of any further assistance.
cc: Greg Givens
Tim Soave
MEMORANDUM OF UNDERSTANDING
Between
THE DRUG ENFORCEMENT ADMINISTRATION
And
OAKLAND COUNTY, MICHIGAN
THE OFFICE OF THE CHIEF MEDICAL EXAMINER
A. PURPOSE. This document constitutes an agreement between the Drug Enforcement
Administration (DEA) and Oakland aunty, Michigan through its Medical
Examiner's Office, ("OCME" or contractor). The MOU is to formalize procedures
and responsibilities for "pilot program" participation by the OCME in the DEA's
National Drug-Related Death Reporting System (NDDRS). It sets forth the guidelines
and polices for participation and data sharing and provides rules for the safeguarding
and dissemination of information from the NDDRS database and related medical
information records.
B. GOVERNING LAW. This agreement shall be governed by and interpreted under the
relevant Federal law and the laws of Oakland County, Michigan and the State of
Michigan.
C. NATIONAL DRUG-RELATED DEATH REPORT SYSTEM
1. NDDRS Coordinator: The Chief of the Drug and Chemical Evaluation
Section of the Office of Diversion Control (ODE) or his/her designee shall be the
NDDRS coordinator for DEA. This person shall serve as the primary contact
person for administration of this agreement with the OCME.
2. NDDRS Database: The NDDRS systematically collects drug-related
death reports from medical examiner/coroner offices. The system would contain
scientifically verified toxicological analysis and cause of death which will
supplement and complement information obtained from other database such as the
Drug Abuse Warning Network (DAWN), CDC, and Poison Control Center Data.
The NDDRS data will help present a more complete indicator of the nature and
the extent of the drug-related deaths.
a. The web form/database is located at:
https ://www.deadiversion.usdoj .gov/webforms/quincyLo gin. jsp
1
3. Information Sharing: DEA shall have full control of the NDDRS system
and all information/records gathered. DEA and the OCIVIE agree to limit access to
authorized personnel who are trained in the policies and procedures as applied to
the use of this system. The database will serve as the base for data analysis and
periodic reports or special reports.
D. TERMS OF AGREEMENT. This agreement shall become effective on the date of
the last signature and shall remain in effect under the terms and conditions stipulated
in Section E.
1. TECHNICAL REQUIREMENTS
a. The contractor agrees to use the web form to enter ALL "toxicology
positive" cases (regardless of cause of death) up to 50/month.
b. In addition, if the contractor has more than 50 "toxicology
positive"/month, the contractor agrees to enter 10% of all "toxicology
positive" cases (regardless of cause of death) over 50/month.
c. Every 3 months, the contractor will provide a written "Status Report"
to the NDDRS Coordinator detailing web form usage to include:
number of cases entered during the previous 3 months, problems
encountered with the web form usage, suggestions for improvement, etc.
I.) "Negative" responses will be required detailing why no cases
were entered for the quarter.
2. DEA REQUIREMENTS
a. The DEA has agreed to pay the contractor a maximum of $10,000.00
for their participation in the "pilot program" and in return for their
completion of requirements as stated in paragraphs D.1 .a., b., c.
above.
1.) Every 3 months, the contractor will provide a detailed, itemized
statement of expenses incurred as a direct result of pilot program
participation to the NDDRS Coordinator.
2.) Procedures for invoicing will be detailed in the "Blanket
Purchase Agreement".
E. PERIOD OF AGREEMENT. The memorandum is in effect upon the last signature
and will remain in effect subject to biennial review unless rescinded by either party on a
90-day written notice. The provisions of this MOU may be amended at any time upon
mutual agreement of both parties.
GOVERNMENTAL LIABILITY AND IMMUNITY. OCME acknowledges that the
DEA shall not be liable for the negligent or wrongful acts or omissions of any OCME
agents and employees. The Federal Tort Claims Act does not apply to acts of OCME
employees.
ENTIRE AGREEMENT. This memorandum states the entire agreement of the parties
in this undertaking and fully supercedes any prior written or verbal understandings in this
regard.
APPROVED
Signature Date Signature Date
William I. Walker
Deputy Assistant Administrator
Office of Diversion Control
Drug Enforcement Administration
Bill Bullard, Sr. Chairman of the Board
Chairperson, Oakland County Board of
Commissioners
Pontiac, Michigan
PERFORMANCE WORK STATEMENT
FOR.
DATA ENTRY INTO TEE
NATIONAL DRUG-RELATED DEATH REPORTING SYSTEM (NDDRS)
WEB-FORM
(h Lips://www, d e achy ers i o . us do j g ov/web fo ms/qui n c yL o gin j sp)
FROM
MEDICAL EXAMINER'S OFFICES PARTICIPATING IN THE
NDDRS PILOT PROGRAM
5
BACKGROUND
The mission of the Drug Enforcement Administration (DEA) is to eilfor3e the
cant-oiled substances law and regulations and to bring to the criminal and civil justice system
those organizations involved in the growth, manufacture, or distribution of controlled
substances. The Office of Diversion Control (OD) addresses the problem of the diversicn of
controlled substances from legitimate channels in which they are manufactured, distributed,
and dispensed.
Over the last several years, the United States has seen a significant increase in the
abuse of prescription drugs and numerous tryptamine- and phenethylamine-based designer
drugs. There is an urgent need to establish a database that can detect these "new" drugs of
abuse in 'a timely manner. Currently, the U.S. dots not have a comprehensive, timely
reporting 'system for drug deaths. Other databases such as DAWN (Drug Abuse Warning
Network) are a minimum of one year out of date when released.
The DEA has launched their new Drug-Related Death database/webforna with the
intent of gathering real-time information on all toxicology "positive" death cases from
medical examiner's/coroner's offices across the country. This information will be used to
better predict trends in 'new" drugs of abuse and provide a real-time snapshot of the natire
and extent of drug use (legitimate and illicit) nationwide.
SCOPE OF WORK
The Contractor shall support the pilot program in selected Medical examiner's and
coroner's offices (contractors) by performing data entry into the NDDRS web-form
(ht-tos://www.de,adiversion.usdo4,Eov/webfotiilsiquincvLogin.isD) in order to establish
a database,
3. TASKS
3.1 Task 1: The contractor shall to use the web form to enter ALL "toxicology
positive" eases (regardless of cause of death) or a minimum of 50/month.
3.2 Task 2: If the contactor has nabte than 50 "toxicology
. positive"/month, the contactor shall to enter 10% of all "toxicology positive" cases
(regardless of cause of death) over 50/month.
For example, if a given contractor has SO "toxicology positiVe" cases in a given
month, the minimum required web-form entries would be:
ALL of 1" 50 cases = 50 casts entered
0% (minimum) of next 30 casts =• 3 cases entered
TOTAL = 53 cases entered (minimum)
3.3 Task 3: Every 3 months, the contractor shall provide a written "Status
Report" to the NDDRS COordinator detailing web form nears to inc;ude the
following: Number of casts entered during the previous 3 months; Number of
Cases did not enter during the previous 3 months; Problems encountered with •
the web form usage; Suggestions for improvement. "Negative" responses are
required detailing why no cases were entered for the quarter.
4. DELIVERABLES
In performing the services described in the Scope of Work, above, the contactor shall
provide the deliverable items described in the Deliverables Schedule described below.
DELIVERABLE SCECEDITLE
Task Deliverable Delivery Time
Web form entry of ALL "toxicology
1 positive" cases (regardless of cause Daily as the reports become available
of death) at least 50/month.
' Minimum of 10% Of all "toxicology
positive" cases ,(regardless of cause Daily as the reports become available
of death) over 50/month.
Provide .a written "Status Report" to With in 15 days after the end of the every 3
3 the NDDRS Coordinator derailing Months from the time the Purchase Order
web form usage . (P.O.) is signed or otherwise specified.
5. CONTRACTOR REPORTS APPROVALS
•
The contractor shall provide and guarantee 100% data accuracy for each record
created by the data. The Contracting Officer's Technical Representative (COTR) or Program
Officer will .have twenty (20) business days to revieW the accuracy of the work perforated by
the contractor after it has been received by the Government. The contractor shall correct any
errors found by the COTR or Program Officer at no additional cost to the Government. The
contractor shall correct the errors within 10 business days.
6. ENFOR1VUTION ACCESS
DEA shall have full control of the IsIDDRS system and all information/records
gathered. DEA and the Contractor agree to limit access to authorized personnel who are
trained in the policies and procedures as applied to the use of this system. All records will be
stored on a secure server maintained by DEA/ODR. The database will serve as the base for
data analysis and periodic reports or special reports. These reports will be available to the
participating medical examiner's and coroner's office and to the drug control community.
7. PLACE OF PERFORMANCE
AI.1 work shall 14 performed at the contractor's site.
7
S. TRAVEL
Travel outside of the Washington, DC area is not required. Travel tc DEA Headquarters by
the contrac.:tor will be at its own. expense.
NDDRS QUARTERLY PARTICIPANT REPORT
The performance work statement for data entry into the National Drug-Related Death
Reporting System (NDDRS) web-form by Medical Examiner's offices participating in
the pilot program requires each participant to submit a quarterly report to the NDDRS
Coordinator detailing web form usage during the previous 3 months.
Please fill out the folloWing and submit to the NDDRS Program Officer:
Participant Office:
Time Period: From to
Number of cases entered for time period above:
Number of cases NOT entered for time period above:
If no cases were entered above, please indicate
why:,
Please provide the NDDRS Coordinator with any comments/suggestions for
improvement to the NDDRS Pilot Program:
The NDDRS Quarterly Report can be subruiaed via fax to:
Christine Snne,rud, PhD., Chief
Drug and Chemical Evaluation Section
Fax (202) 353-1263
Email address: Ernest.N.Be..1ser@usdoj.sirmr
DEA Contractor Data CO (FTE)
I Forensic Toxicology Laboratory
Company Name: : Oakland County Medical Examiner
Point of Contact: Gary W. Kunsman, Ph.D., DABFT 1 Chief Forensic Toxicologist
1200 N. Telegraph Rd.
,_ Address: Pontiac, MI 48341
Telephone & Facsimile: ph: 248-858-4042 Fax: 248 858-0219
Document Type: Contract _
Document No.: Contract No.: DJDEA-HO-05-0253(0)
Contract Specialist: ??????????????????????????
Participation in a Pilot program documenting drug-related deaths
in support of the Drug Enforcement Administration. The
participation of this Laboratory fundamentally consists of entering
information on-line by means of a web-based form from
toxicology positive drug-related death cases that are investigated
by the Oakland County Medical Examiner as quickly as possible
following completion of each case. The National Drug-Related
Death Reporting System (NDDRS) is a database in the
development phase developed by the DEA for the purpose of
gathering real-time information concerning death cases in which
postmortem toxicology results are positive as reported by
Medical Examiner offices. Currently this on-line, web-based
reporting database is in the Pilot Phase retying on the
participation of selected Toxicology Laboratories. The labs
provide Toxicology data, Case investigation information,
demographic data, Cause and Manner of Death determinations,
and related information from that Office's positive toxicology
death cases for the purposes of testing and evaluating a beta-
phase database and it's on-line, web-based data entry form; such
testing is critical to allow for the final development and application
of a truly national data collection system. The information from
the final version of the NDDRS will be used to facilitate in trend
analysis and trend prediction concerning the use of drugs of
abuse, the emergence of "new" drugs of abuse, and to provide a
real-time view of the nature and extent of the use and misuse of
both licit and illicit drugs. Note that no such real-time information
of this nature is available in any format by any agency on a
national level. An additional benefit of such a database will be
the demographic and statistical data available to the individual
Medical Examiner Office concerning their own jurisdiction as well
as the ability to compare that jurisdiction to other jurisdictions,
Description of Services: regions, and National trends.
Total Value of Contract ( ): $10,000.00
F.-PDS Service Code: ?????????????????????????
Labor Category: No FTE requested. Existing Laboratory FTE requires 4-8
hr/week to meet contract requirements. Use of Contract monies
for the purchase of the reauested computer will allow staff to
perform contract duties (on-line data entry into web-based
NDDRS form) off-site after regular work hours.
Location (City/State): All work performed at Pontiac, MI
Positions: No positions requested under contract
Background Investigation Status: N/A
1 Hourly Billing Wage: I Mote: use hourly salary rate for Li Wang_
GENERAL FUND (#10100)
Revenue
1070601-132030-631253 Miscellaneous
FY 2006
$10,000
FISCAL NOTE #06076 . April 6, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF PUBLIC SERVICES/MEDICAL EXAMINER - DATA SHARING
AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION
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. The Oakland County Medical Examiner's Office has been offered a
$10,000 award for the period of August 15, 2005 to August 14,
2006, from the Drug Enforcement Administration (DEA), Office of
Acquisition Management (FA), to participate in their "pilot
program" by entering "toxicology positive" cases into the
National Drug-Related Death Reporting System's (NDDRS) database.
2. The data will help present a more complete indicator of the
nature and extent of drug-related deaths.
3. The funds will be used to reimburse the County for the purchase
of a wireless laptop at a cost of $1,500, quarterly equipment
rate of $1,186 ($593/quarter x two) and wireless service for $275
($55/month x five) for the balance of FY 2006, so data can be
entered remotely.
4. The balance of the funding will be used to reimburse the County
for personnel expenses which have already been included in the
budget.
5. The ongoing operating costs will be billed in the County
Executive's Recommended Budget for FY 2007 and FY 2008.
6. A budget amendment is recommended as follows:
Expenditure
1070601-132030-774636
1070601-132030-778675
9010101-989999-788001
9090101-196030-730359
Info Tech Operations 1,186
Telephone Communications 275
Transfer out to IT Fund 1,500
Contingency 7,039
$10,000
Total General Fund
INFORMATION TECHNOLOGY FUND (#63600)
Revenue
1080101-152000-695500 Trf in from General Fund $ 1,500
1080101-152000-631372 OC Depts Operations 1,186
$ 2,686
Expenditure
1080601-152010-750154 Expendable Equipment Exp $ 1,500
Est. Chg in Fund Equity $ 1,186
TELEPHONE FUND (#67500)
Revenue
1080601-152000-632009 Sale Phone Svc Internal $ 275
Expenditure
1080601-152000-730324 Communication
Total Telephone Fund
$ 275
0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll vote.
Resolution #06076 April 6, 2006
Moved by Potter supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Middleton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
01.111*
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 April 6, 2006, 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 April, 2006.
Ruth Johnso r County Clerk