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HomeMy WebLinkAboutResolutions - 2007.12.13 - 28401December 13, 2007 REPORT (MIsC. 107294) BY: Personnel Committee, Thomas F. Middleton, Chairperson RE: PUBLIC SERVICES/MEDICAL EXAMINER — ESTABLISHMENT OF CONTRACTS TO PROVIDE TOXICOLOGY SERVICES TO SEVERAL COUNTIES AND TO CHANGE FUNDING SOURCE OF ONE (1) POSITION TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on December 13, 2007 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on a unanimous roll call vote with Suarez, Coleman and Zack absent. December 13, 2007 MISCELLANEOUS RESOLUTION 107294 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: PUBLIC SERVICES/MEDICAL EXAMINER- ESTABLISHMENT OF CONTRACTS TO PROVIDE TOXICOLOGY SERVICES TO SEVERAL COUNTIES AND TO CHANGE FUNDING SOURCE OF ONE (1) POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Counties of Bay, Jackson, Lapeer, Saginaw and Tuscola have requested that the County of Oakland provide Toxicology 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., the aforementioned Counties may enter into this agreement for the purposes of providing toxicology services only of the Oakland County Medical Examiner's Office; and WHEREAS the contracts provide that mutual agreement and amendment shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Boards of Commissions and individual contracted County Board of Commissioners; and WHEREAS, through their purchasing policies, the aforementioned counties have agreed to enter into contracts to use Toxicology services of the Oakland County Medical Examiner; and WHEREAS Corporation Counsel has reviewed and approves the contract language which include the Scope of Services, Fee Schedule, Compensation to Oakland County for services performed and guaranteed compliance by the Oakland County Medical Examiner with all applicable Federal, State and local laws, ordinances, rules and regulations; and WHEREAS the Oakland County Medical Examiner and Corporation Counsel has reviewed and/or prepared all necessary documents related to the attached contracts between the Counties of Bay, Jackson, Lapeer, Saginaw and Tuscola and the County of Oakland; and WHEREAS the Oakland County Medical Examiners Office requires the services of one (1) Forensic Toxicology Chemist to assist with the additional case load; and WHEREAS the Oakland County Medical Examiner's Office is requesting to change the funding of one (1) GF/GP full-time eligible Forensic Toxicology Chemist position from the Interlocal Genesee County Agreement to funding under the aforementioned contracts which is expected to generate sufficient revenue; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached interlocal agreements between the Counties of Bay, Jackson, Lapeer, Saginaw and Tuscola and the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioner's approve to change the funding of one (1) GF/GP full-time eligible Forensic Toxicology Chemist position (1070601 710517) from the Interlocal Genesee County Agreement to revenue generated under these contracts. BE IT FURTHER RESOLVED that the future level of service including Personnel will be contingent upon sufficient revenue being generated by these contracts to cover the costs of the position herein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Middleton absent DK/04/2037/7E 10:53 AM , P. 002 INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER (TOXICOLOGY ONLY) SERVICES BETWEEN OAKLAND COUNTY AND SAGL'slAW COUNTY THIS 1NTERLOCAL AGREEMENT ("Agreement") is made between the COUNTY OF SAGINAW, a municipal corporation and political subdivision of the State of Michigan (hereinafter refereed to as "SAGINAW_") and the COUNTY OF OAKLAND (hereinafter referred to as "OAK.J.-46NID"), a mu:Hicipal corporation and political subdivision, of the State of Michigan. WITNESSETII: WHEREAS, the Saginaw County Medical Examiner's Of5ca requires toxicology services; and WHEREAS, the Saginaw County Medical Examiner's Office has requested that OAKLAND provide toxicology services of the Oakland Comity Medical Examiner; and WHEREAS, Pursuant to the Urban Cooperation Act of 1967, 1957 PA 7, MCL ,24.501 et seq., OAKLAND and SAGINAW enter into this AGREEMENT for the purpose of providing toxicology services of the Oakland County Medical Examiner's Office to SAGINAW. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IS HEREBY AGREkb by azd between the parties as follows: AGREEMENT CONTENTS. This Agreement is comprised of the terms and conditions set forth below, the Exhibits attached aereto, 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 — Free Schedule II. SERVICES TO BE PERFORM.D BY THE OAKLAND COUNTY MEDICAL EXAMINER'S OFFICE. OAKLAND, through the Oakland Medical Examiner's Office, shall provide the Saginaw County Medical. Examiner's Office with medical examiner toxicology services tatcrlocal Agreement-Medical Examizer Services P, DK/C4/20D7/71JE 10:54'AM. ' The services to be provided are more fully set forth in the attached Scope of Services, labeled Exhibit "A", which is incorporated by referen.ce into this Agreement and made a part hereof. Services provided by the Oakland County Medical Examiner's Office da not include autopsies, the transport of bodies and/or the remains of deceased to or from the Oakland County Medical Examiner's Office, or any other non-toxicological related services. The County of SAGINAW is solely and exclusively responsible for all non-toxicological medical examiner services in the Saginaw County Medical Examiner's Office. III. COMPENSATION. OAKLAND shall submit an invoice to SAGINAW 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"), SAGDNAW shall pay the invoice submitted by OAKLAND within thirty (3d) 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 28Z Pontiac, MI 48341. Except as expressly provided in this Agreement, OAKLAND is not responsible for any cost, fee, fine or penalty incurred by SAGINAW in connection with this Agreement. IV. RESPONSIBILITY FOR MATERIAL, SUPPLIES, FACILITIES AND SUPPORT PERSONNEL. OAKLAND shall provide all necessary toxicology-related 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 ail applicable Federal, State and lo;al laws, ordinances, rules and regulations. ONDISCRIMINATION. SAGINAW 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.{ __,•• SAGINAW 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 DisabilitieslCivil &tilts Act, 1976 PA 220 as amended; Section 504 of the Federal Rehabilitation Act of 1973 as amended, P.L. 93-1:2, 87 Stat 394 Iriterlocal Agreemcnt-Mcdical Exarnitter Services 2 41t.t... • • P. 004 DEr,./04/20 137/TUE 10:51 'AM , as amended, the Americans with Disabilities Act of 1990. P.L. 101-336, 104 Stat 328 (42 US CA sec 12101 et sec.) as amended, and regulatiohs promulgated thereunder. Breach of this section shall be regarded as a material breach of this Agreement. WI. 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 CO51, and/or other allowances of reimbursement of any kind, including, but not limited to, workers' disability compensatiou 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 o:Fthe 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. XL 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, wax, 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 AHENDMENT. This Agreement shall not become effective prior to the approval by concurrent resolution of the SAGINAW and OAKLAND County Boards of Commissioners. The approval and terms of this Agreement shall be entered in the official Intcrlocal Agrccmcnt-Medical Exikinirier Services 3 DEC/04/2C37/7UE 10:5 AM,' minutes and proceedings cf 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 Cr modify this Agreement. Xna. 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 SAGNA W. 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 arid the remainder of this Agreement shall not be affected thereby. Where the. deletion of the invalid provision wou:d result in the illegality or uneforceability of this Interlocai Agrccment-Medial Examiner Servicc. 4 D 0.;."1 WITNESSED BY: COUNTY OF SAGINAW Cheryl M. Hadsall, Chair .Saginaw County Board of Commissioners By: APPROVED AS TO FORM: Andre R. Borrello, Legal Cotinsel Gilbert, Smith & Borrejio ' DE:104/2E7/TUE 10:54'AM ' P pr$ Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid_ 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 WW:REOF, Cheryl M. Hadsall, Chairperson, Saginaw County Board of Commissioners, hereby acknowledges that she has been authorized by a resolution of the Saginaw County Board of Connnissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County of Saginaw end hereby accepts and binds Saginaw to the terms and conditions of this Agreement. Dated: /,2-3 -07 IN WITNESS WHEREOF, Bill Bullard, Jr.; Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has beau 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 aod binds OAKLAND to the terms and conditons of this Agreement. COUNTY OF OAKLAND WITNESSED BY: By: BEI Bullard, Jr. Chairperson Oakland Board of Commissioners Dated: Intcrlocal Agrccmcnt-Mcdical ExRatincr Scrvicca 5 APPROVED AS TO SUBSTANCE: /27- 4 ime.otz MARC A. MCGILL, CONTROLLER/CAO INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER (TOXICOLOGY ONLY) SERVICES BETWEEN OAKLAND COUNTY AND TUSCOLA COUNTY THIS INTERLOCAL AGREEMENT ("Agreement") is made between the COUNTY OF TUSCOLA, a municipal corporation and political subdivision of the State of Michigan (hereinafter refereed to as "TUSCOLA") and the COUNTY OF OAKLAND (hereinafter referred to as "OAKLAND"), a municipal corporation and political subdivision of the State of Michigan. WITNESSETH: WHEREAS, the Tuscola County Medical Examiner's office requires toxicology services; and WHEREAS, TUSCOLA has requested that OAKLAND provide toxicology services of the Oakland County Medical Examiner; and WHEREAS, Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCI. 124.501 et seq., OAKLAND and TUSCOLA enter into this AGREEMENT for the purpose of providing toxicology services of the Oakland County Medical Examiner's Office to the Tuscola County Medical Examiner's Office. 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 H. SERVICES TO BE PERFORMED BY THE OAKLAND COUNTY MEDICAL EXAMINER'S OFFICE. OAKLAND, through the Oakland Medical Examiner's Office, shall provide TUSCOLA with Interlocal Agrecnient-Medical Examiner Services medical examiner toxicology 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 autopsies, the transport of bodies and/or the remains of deceased to or from the Oakland County Medical Examiner's Office, or any other non-toxicological related services. The County of TUSCOLA is solely and exclusively responsible for all non-toxicological medical examiner services in TUSCOLA. III. COMPENSATION. OAKLAND shall submit an invoice to TUSCOLA 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"). TUSCOLA 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, Ml 48341. Except as expressly provided in this Agreement, OAKLAND is not responsible for any cost, fee, fine or penalty incurred by TUSCOLA in connection with this Agreement. IV. RESPONSIBILITY FOR MATERIAL, SUPPLIES, FACILITIES AND SUPPORT PERSONNEL. OAKLAND shall provide all necessary toxicology-related 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. TUSCOLA 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. ,..•, ! Comment: Replaced 'handicap' with current statutory language. Does I Oakland County mandate nondiscrimination based upon political I affiliation QV beliefs? If not necessary, we would prefer to use statutory basis for I nondiscrimination clauses. _ Comment: Name of statute changed. I See MCL 37.1101 Imerlocal Agreement-Medical Examiner Services TUSCOLA 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, inc:uding, 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 TUSCOLA and OAKLAND County Boards of Commissioners. The approval and terms of this Agreement shall be entered in the official Imerlocal Agreement-Medical Examiner Services 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. 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 TUSCOLA. 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 deleton of the invalid provision would result in the illegality or unenforceability of this Interlocal Agreement-Medical Examiner Services 4 WITNESSED BY: By: Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid. 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. COUNTY OF 'TUSCOLA k\ A c_c_Nic) Kanu Virani, M.D. Tuscola County Medical Examiner 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 INTERLOCAL AGREEMENT FOR MEDICAL EXAMINER (TOXICOLOGY ONLY) SERVICES BETWEEN OAKLAND COUNTY AND BAY COUNTY THIS INTERLOCAL AGREEMENT ("Agreement") is made between the COUNTY OF BAY, a municipal corporation and political subdivision of the State of Michigan (hereinafter refereed to as "BAY") and the COUNTY OF OAKLAND (hereinafter referred to as "OAKLAND"), a municipal corporation and political subdivision of the State of Michigan. W ITNESSETH: WHEREAS, the Bay County Medical Examiner's office requires toxicology services; and WHEREAS, BAY has requested that OAKLAND provide toxicology 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 BAY enter into this AGREEMENT for the purpose of providing toxicology services of the Oakland County Medical Examiner's Office to the Bay County Medical Examiner's Office. 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 the Bay County Interiocal Agreement-Medical Examiner Services Medical Examiner's Office with medical examiner toxicology 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 autopsies, the transport of bodies and/or the remains of deceased to or from the Oakland County Medical Examiner's Office, or any other non-toxicological related services. The County of BAY is solely and exclusively responsible for all non-toxicological medical examiner services in BAY. IlL COMPENSATION. OAKLAND shall submit an invoice to 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"). BAY shall bay 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, Ml 48341. Except as expressly provided in this Agreement, OAKLAND is not responsible for any cost, fee, fine or penalty incurred by BAY in connection with this Agreement. IV. RESPONSIBILITY FOR MATERIAL, SUPPLIES, FACILITIES AND SUPPORT PERSONNEL. OAKLAND shall provide all necessary toxicology-related 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. BAY 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. comment: Replaced 'handicap' with euirent statutory language. Does Oakland County mandate BAY and OAKLAND shall adhere to all applicable Federal, State, riondiscrimination based upon political affiliation or beliefs? lf not necessary, and local laws, ordinances, rules and regulations prohibiting we would prefer to use statutory basis for discrimination, including, but not limited to, the Elliott Larsen Civil nondiscrimination clauses Rights Act, ,1976 PA 453 as amended; the Michigan Persons with Disabilities Civil Rights Act, 1976 PA 220 as amended; Section 504 of the . • comment: Name ot statute changed. Federal Rehabilitation Act of 1973 as amended, P.L. 93-112,87 Stat 394 Ste MCL 37.1101 Interlocal Agreement-Medical Examiner Services 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. 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. XL 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. XI!. AGREEMENT APPROVAL AND AMENDMENT. This Agreement shall not become effective prior to the approval by concurrent resolution of the BAY and OAKLAND County Boards of Commissioners. The approval and terms of this Agreement shall be entered in the official Interloeal Agreement-Medical Examiner Services 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, 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. ID 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 BAY, 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 unenforceability of this Interlocal Agreement-Medical Examiner Services 4 WITNESSED BY: COUNTY OF BAY By; , • . 24B 4529173 DEC-04-2007 09:54 • OAK CO rED EXAM P.016/07 Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid. 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. 77 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, tu execute this Agreement on behalf of the County of OAKLAND and hereby accepts and binds OAKLAND to the Tans and conditions of this Agreement, COUNTY OF OAKLAND WITNESSED BY: By. Bill Bullard, Jr. Chairperson Oakland Board of Commissioners Dated: tittgdocal Agrecracat-tvitdical nxa&ujncr 5avicCs 5 FISCAL NOTE (MISC. #07294) December 14, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: PUBLIC SERVICES/MEDICAL EXAMINER-ESTABLISHMENT OF CONTRACTS TO PROVIDE TOXICOLOGY SERVICES TO SEVERAL COUNTIES AND TO CHANGE FUNDING SOURCE OF ONE (1) POSITION 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 interlocal agreement to provide Genesee County Medical Examiner Services contract that was original established by Miscellaneous Resolution #04254 has been terminated. 2. One (1) GF/GP full-time eligible Forensic Toxicology Chemist position was funded from the Interlocal Genesee County Agreement. 3. The Medical Examiner's office has subsequently initiated new contracts with the Counties of Bay, Jackson, Lapeer, Saginaw and Tuscola for toxicology services to partially offset the revenues lost with the Genesee County Medical Examiners Services contract. 4. The total annual revenue for all five (5) Counties is estimated at $84,000 (560 cases per year at $150 per case) which is sufficient to cover the salary, fringe benefits and operating costs associated with the Forensic Toxicology Chemist position. 5. There are other impacts from the loss of the Genesee County Medical Examiner Services contract and therefore, we will amend the FY 2008 and FY 2009 budget with the first quarter forecast. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13th day of December, 2007. AL* I' Resolution #07294 December 13, 2007 Moved by Potter supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Middleton the Personnel Committee report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 0.*"' --I HEREBY APPROVE THE FOREGOING RESOLUTION 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 December 13, 2007, with the original record thereof now remaining in my office. Ruth Johnson, County Clerk