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  Consent-Law & Justice Services    # 21.       
Board of Supervisors Meeting Sheriff-Coroner/Public Administrator  
Meeting Date: 07/28/2015  
Brief Title:    Forensic Medical Group Agreement
From: E.G. Prieto, Sheriff-Coroner, Yolo County Sheriff's Office
Staff Contact: Rosario Ruiz-Dark, Chief of Finance and Administration, Yolo County Sheriff's Office, x5264

Subject
Approve agreement renewal with Forensic Medical Group for $525,000 for the period July 1, 2015 through June 30, 2018 to provide forensic pathology services. (No general fund impact) (Prieto)
Recommended Action
Approve agreement renewal with FMG for a not to exceed amount of $525,000 for the provision of forensic pathology services.
Strategic Plan Goal(s)
Preserve and ensure safe and crime free communities
Provide fiscally sound, dynamic and responsive services
Reason for Recommended Action/Background
Pursuant to Government Code Sections 27491 and 27520, the County is required to conduct autopsies in order to determine the cause of death in cases where there are sudden, unusual, and violent circumstances. Therefore, forensic pathology services are necessary in order for the Coroner’s office to properly fulfill their law enforcement duties.

In fiscal year 2014-15, the Coroner’s Office investigated a total of 132 cases which required either an external examination or autopsy by a forensic pathologist.  When compared to the previous fiscal year of 2013-14, this is a 19% increase in investigations. This increase in the number of cases necessitated a review and increase of the maximum compensation and reimbursement of expenses in the new contract. As the provider’s contract amount with the Department is above $100,000, action by the Board of Supervisors is required.

FMG has been performing forensic pathology services for Yolo County at the Yolo County Sheriff’s Department Morgue since 1997, and also contracts with at least 10 other counties within Northern California. Staff consists of board certified forensic pathologists with over 100 collective years of experience performing forensic autopsies and testifying in court. All protocols and laws relating to the performance of these services are followed and adhered to. Because these services are so specialized, over time FMG has become the only vendor in Northern California.  Having only one vendor in the area makes it very difficult to go out to bid and try to find competitive pricing.  The department has also researched placing a forensic pathologist on staff and found it is not as cost effective as contracting for the services.  Inquiries have been made into contracting with Sacramento County to provide the same services that FMG does, however, their coroner's office is not prepared to offer the scope of services that we need at this time.

During fiscal year 2013-14, the Grand Jury conducted a review of the previous agreement with FMG which resulted in a finding regarding late reports.  The Grand Jury finding recommended that the agreement for provision of Forensic Pathology Services should be amended to include clear measures to be used by the Coroner’s Division to monitor the FMG sole source contract and a requirement that FMG physicians who perform autopsies for Yolo County provide proof of licensing and board certification in forensic pathology or another similar specialty. 

The Sheriff's Office has worked with County Counsel to ensure adequate language exists within the new agreement that would allow for withholding of payment and follow up on late reports.  The issue regarding late reports has been addressed with FMG completing almost all late reports.  In the future, the Sheriff's Office will monitor very closely the number of reports outstanding along with the number of days late.  This along with exercising the County's right to withhold payment should ensure promptness on autopsy report from FMG.  With regard to monitoring measures, the Sheriff's Office has identified a set of guidelines produced by the National Association of Medical Examiners that appear suitable for monitoring FMG's performance.  These guidelines were incorporated into item IV of the new contract.
Collaborations (including Board advisory groups and external partner agencies)
County Counsel has reviewed the agreement and approved it as to form.  County Counsel also assisted in the negotiations with Forensic Medical Group regarding language changes to the contract.

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   175,000
Amount budgeted for expenditure:    $   175,000
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$175,000
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
Approval of this agreement will have no impact on the general fund. The term of the agreement is from July 1, 2015 through June 30, 2018 and the total compensation amount is $525,000 ($175,000 per fiscal year).  The agreement's current fiscal year funding of $175,000 is included in the 2015-16 budget, and will be included in the subsequent budget years of 2016-17 and 2017-18.
Attachments
Att. A. FMG Agreement 2015-18

Form Review
Inbox Reviewed By Date
Financial Services hnewens 07/13/2015 05:11 PM
County Counsel cscarlata 07/14/2015 01:38 PM
Form Started By: Selena Hobbs Started On: 07/07/2015 01:43 PM
Final Approval Date: 07/14/2015

    

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