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HomeMy WebLinkAboutResolutions - 2006.11.01 - 28269REPORT (MISC. #06211) November 2, 2006 BY: Finance Committee, Chuck Moss, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER — CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES AND CREATION OF ONE FORENSIC TOXICOLOGY CHEMIST POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed the above referenced resolution recommends the following amendments: 1. Substitute the contract that was included in the original Finance packet, with the attached contract signed by Genesee Board of Commissioner's Chair. 2. Amend the NOW THEREFORE BE IT RESOLVED paragraph as follows: 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 October 1, 2006 on September 28, 2006. FINANCE COMMITTEE REPORT (MISC. #06211) November 2, 2006 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER — CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES AND CREATION OF ONE FORENSIC TOXICOLOGY CHEMIST POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on November 2, 2006 reports with the recommendation that the resolution be adopted Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION 106211 October 19, 2006 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 AND CREATION OF ONE FORENSIC TOXICOLOGY CHEMIST POSITION 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 the current Joint Operating Agreement between Genesee County and Oakland County Medical Examiner's Office expired on September 30, 2006; 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; and WHEREAS the Oakland County Medical Examiner Division is requesting to create a new classification and position titled Forensic Toxicology Chemist at a salary grade 12, overtime exempt, to assist with the increased caseload under this contract. 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 October 1, 2006. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approve the creation of a new classification, and one (1) GF/GP full-time eligible position titled Forensic Toxicology Chemist, at a salary grade 12, overtime exempt. 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 and this resolution. BE IT FURTHER RESOLVED that the Medical Examiner continue to report the revenue and/or losses generated from the contract on an annual basis, to the Finance Committee and the Public Services Committee. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Wid4vm, cmht4tti___ PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Suarez absent. 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 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. 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. Interlocal Agreement-Medical Examiner Services 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 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. Interlocal Agreement-Medical Examiner Services V. 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. VI. 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. VII. 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. VIII. 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. IX. 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 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. X. AGREEMENT DURATION AND TERMINATION. This Agreement shall commence on September 28, 2006 and continue through September 30, 2007, 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. Interlocal Agreement-Medical Examiner Services 3 Xl. 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. XII. 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. XIII. 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. XIV. 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 unenforceability of this Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid. XV. 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. Jnterlocal Agreement-Medical Examiner Services 4 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. WITNESSED BY: COUNTY OF OAKLAND By: Bill Bullard, Jr. Chairperson Oakland Board of Commissioners Dated: MWord97 \stickler1Dr. JohnsorkontractsWY06-07 \oaktand ME agreement 2006-2007.doc Interlocal Agreement-Medical Examiner Services 5 EXHIBIT A Scope of Work The Oakland County Medical Examiner's Office (OCMEO) 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. Interlocal Agreement-Medical Examiner Services 6 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. \\S\WordS7IsticideADr. 4ohnsorkontracts7Y06-07 \ oakland ME agreement 2006-2007.doc Interlocal Agreement-Medical Examiner Services 7 EXHIBIT B 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 n1S Mard9Astickler Or. Jo4insoracontracts\FY06-07koakland ME agreement 2006-2007.doc Interlocal Agreement-Medical Examiner Services 8 10 Month Total $559,718.00 281 Analysis of Revenues Generated From Genesee County Contract For Autopsies Performed By Oakland County Medical Examiners Office For FY 2006 October 1, 2005 through July 31, 2006 Fiscal Year FY 2004 (7 months) FY 2005 (12 months) FY 2006 Billed Amount Case Load $124,547.94 310 $710,959.21 387 October $72,983.00 38 November 59,571.00 29 December 36,965.00 19 January 48,323.00 24 February 85,954.00 43 March 88,350.00 44 April 65,077.00 33 May 18,473.00 9 June 31,225.00 15 July 52,797,00 27 Genesee County Contract Fiscal Year FY 2006 Expenditures October 1, 2005 through July 31, 2006 Expenditure Type Annual Budget YTD Actual Salaries $226,890 $138,692 Fringes 75,097 45,238 Contractual Services 64,000 69,534 Commodities 47,600 1,804 Internal Services 19,248 18 ,320 Totals $432,835 $273,588 Contract Revenues $691,200 $559,718 Contract Expenditures $432,835 $273,588 Difference (Loss) $258,365 $286,130 Cases are not billed until the entire case has been completed Prepared by Nancy M. Falardeau, Fiscal Services September 18, 2006 Resolution #06211 October 19, 2006 The Chairperson referred the resolution to the Personnel Committee and Finance Committee. There were no objections. FISCAL NOTE (MISC. #06211) November 2, 2006 BY: Finance Committee, Chuck Moss, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER — CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES AND CREATION OF ONE FORENSIC TOXICOLOGY CHEMIST POSITION 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 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 Miscellaneous Resolution #04254. 3. The current interlocal agreement expired on September 27, 2006. 4. Genesee County and the Oakland County Medical Examiner desire to extend the interlocal agreement for a one-year period. 5. The new agreement would begin on or about September 28, 2006 through September 30, 2007 and has been approved by the Genesee County Commissioners and is pending passage by the Oakland County Board of Commissioners. See attachment A. 6. The Oakland County Medical Examiner Division is requesting the creation of one (1) full- time eligible Forensic Toxicology Chemist, which is contingent upon sufficient revenue generated from the Genesee County contract. See attachment B. 7. The Oakland County Medical Examiner Division is to report to the Public Services and Finance Committees, the revenues and/or losses generated from the contract on an annual basis. See attachment C. 8. The following budget amendment is recommended for Fiscal Year 2007. GENERAL FUND (#10100) FY 2007 Revenue 1070601-132040-630126 Autopsies $78,828 Expenditure 1070601-132040-702010 Salaries 51,387 1070601-132040-722740 Fringe Benefits 27,441 $78,828 Total General Fund $ -0- FINANCE COMMITTEE Ruth Johnson; County Clerk Resolution #06211 November 2, 2006 Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Gregory the Personnel Committee and Finance Committee reports be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Potter supported by Gregory the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian. KowaII, Long, Melton, Moss, Nash, Palmer, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. 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 November 2, 2006, with the original record thereof now remaining in my office. In Testimony Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 2nd day of November, 2005.