Item Q8County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
- Me FlOTlda Keys _ Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Summary #3011
ADD ON DAY OF MEETING: IF ADDED, WILL BE Q -8 (5/17/17)
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
No
AGENDA ITEM WORDING: Approval of amendment to contract with Medical Examiner
Thomas Beaver, M.D., to cover one month (June 2017) between the expiration of his current
contract (May 31, 2017) and the end of his gubernatorial appointment (June 30, 2017).
ITEM BACKGROUND: Under Chapter 406, F.S., the County is required to provide the funding
for the medical examiner's office, including all salaries and other expenses. On June 11, 2014,
Monroe County entered into an agreement with Thomas Beaver, M.D. to provide the funding for the
operation of the Medical Examiner's office for the 16 District. The term of the agreement runs
from June 20, 2014 through May 31, 2017. However, his appointment as the District 16 Medical
Examiner by the Governor runs through June 30, 2017. As a result of the meeting of the Medical
Examiner Commission held on May 10, 2017, Dr. Beaver will be finishing his term of office and
leaving the office on June 30, 2017. Therefore, a contract extension of one month is necessary in
order to pay the expenses of his office for the final month of his appointment.
The key provisions of the contract amendment (extension) are as follows:
• The term of the contract is extended by one month, to June 30, 2017.
• The County will pay the same base amount to the Medical Examiner as under the current
contract ($57,171.25), in return for the services covered by his current contract, including
death investigations, conducting autopsies, writing autopsy reports, and signing death
certificates. This amount is paid in arrears.
• In addition, the Medical Examiner has offered to write the autopsy reports for any autopsies
conducted by him through June 30, even if the reports cannot be written until after June 30,
for example, because toxicology reports or other necessary information are not available until
the expiration of his appointment. The County is advised that often it will take several
months for toxicology results to be available. Having the current Medical Examiner write
the report will be an advantage, because it will mean that a successor medical examiner (who
did not conduct the autopsy) does not need to attempt to write the report. For this additional
service, the County has offered to pay an additional $10,000.00, upon completion and
delivery of all of the outstanding autopsy reports.
PREVIOUS RELEVANT BOCC ACTION: June 14, 2014, approval of Agreement.
CONTRACT /AGREEMENT CHANGES:
1 month extension
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
ME Contract Extension May 2017
Beaver contract June 11, 2014
FINANCIAL IMPACT:
Effective Date: June 1, 2017
Expiration Date: June 30, 2017
Total Dollar Value of Contract: Additional amount: $57,171.25 + $10,000.00
Total Cost to County: $67,171.25
Current Year Portion: $67,171.25
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Cynthia Hall
Completed
05/16/2017 4:48 PM
Bob Shillinger
Completed
05/16/2017 4:53 PM
Budget and Finance
Completed
05/16/2017 5:04 PM
Maria Slavik
Completed
05/16/2017 5:09 PM
Kathy Peters
Completed
05/16/2017 5:14 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
EXTENSION TO AGREEMENT
FOR THE PROVISION OF MEDICAL EXAMINER SERVICES
THIS Extension to the Agreement for Provision of Medical Examiner Services ( "Extension ") is
made and entered into as of day of , 2017 ( "Effective Date "), by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter "County "), and Thomas Beaver,
M.D., District 16 Medical Examiner of the State of Florida (hereinafter "Medical Examiner ").
Collectively, the County and Medical Examiner shall be referred to as the "Parties."
WITNESSETH:
WHEREAS, Chapter 406, F.S. establishes Medical Examiner Districts; and
WHEREAS, Section 406.06(3), F.S. states that district medical examiners shall be entitled to
"compensation and such reasonable salary and fees as are established by the board of county
commissioners in the respective districts "; and
WHEREAS, Section 406.08(1), F.S., states that "[flees, salaries and expenses may be paid from
the general funds or any other funds under the control of the board of county commissioners ", and further
provides that the district medical examiner shall submit an annual budget to the board of county
commissioners; and
WHEREAS, on June 11, 2014, the Parties entered into an agreement ( "Original Agreement "), in
which the Parties set the level of compensation to be provided to the Medical Examiner in return for
medical examiner services, as well as other terms as set forth in the Agreement;
WHEREAS, the Original Agreement will expire on May 31, 2017; and
WHEREAS, the Medical Examiner's appointment as Medical Examiner for District 16 runs
through June 30, 2017; and
WHEREAS, the Parties now wish to amend and restate the Original Agreement in order to extend
the terms of the Original Agreement to cover the month of June 2017 and set forth the amount of funding
as well as other terms and conditions that will apply during the remainder of the appointment.
NOW THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter
contained, the Parties agree as follows:
1. The term of the Contract Period, set forth in paragraph (1) of the Original Agreement, is
hereby extended to run through June 30, 2017.
2. Paragraph (3) of the Original Agreement, Amount of Agreement /Payment, is amended
to read as follows:
A) A new paragraph 3(E) is added, to read as follows: For the remaining month covered
by this Extension, the County shall pay the previously agreed -upon and budgeted
amount of fifty -seven thousand one hundred seventy -one dollars and twenty -five cents
($57,171.25) ( "Monthly Amount "). The Monthly Amount shall cover all expenses of
the Medical Examiner's Office, including but not limited to salaries, benefits, and
operating supplies. One quarter (1/4) of the Monthly Amount shall be paid in arrears
on the Friday of each full week in June 2017, without the need for presentation of an
invoice by the Medical Examiner.
B) In addition to the above, the County agrees to pay an additional ten thousand dollars
($10,000.00), as consideration for the additional work outlined in paragraph 3(B),
below, and the delivery of mutual releases outlined in paragraph 4, below ( "Additional
Consideration "). This Additional Consideration will be paid upon completion of the
last of the autopsy reports described in paragraph 3(B) and presentment of a final
invoice.
3. A new paragraph, Close -Out, is added to the Original Agreement, to read as follows:
Close -Out.
(A) During the period covered by this Extension, the Medical Examiner shall continue
to provide the work plan, staffing and services necessary to carry out the functions
of a full -time district medical examiner as set forth in Ch. 406, F. S., and Title I IG,
F.A.C. In particular, the Medical Examiner shall continue to conduct all autopsies
and sign all death certificates through the end of the term of this Extension. The
parties agree that during the period of time covered by this Extension, the Medical
Examiner shall have no further responsibility to respond to any further inquiries
with respect to Audit Report # 16 -03. If the Clerk initiates a new audit during the
remaining term of this Extension, the Medical Examiner has the right to terminate
this contract immediately.
(B) In addition, the Medical Examiner agrees to complete all reports based on autopsies
conducted by the Medical Examiner during the term of this Extension. Said reports
will be completed by the Medical Examiner on a timely basis after receipt of
toxicology reports and any other information necessary for finalization of the
autopsy reports, even after the term of this Extension. The County will ensure that
the Medical Examiner has access to all files and records for completion of these
autopsy reports in duplicate form. The County will also ensure that Medical
Examiner will have access to a microscope and glass slides at the Medical
Examiner's facility as necessary for the completion of any studies necessary in
order to finish said autopsy reports.
(C) Prior to the end of the term of his appointment and this Extension, the Medical
Examiner shall certify to the County, in writing, that all records of the office,
whether in paper or electronic form, have been left in such a way that a new
medical examiner can easily assume the office, access the records, and use the
records for both closed and active cases. On or before June 30, 2017, the Medical
Examiner shall deliver to the County (a) a list of work performed during the month
of June 2017, and (b) a list of open cases for which autopsies have been performed
but reports still need to be written as of June 30, 2017. On or before June 30, 2017,
a person designated by the County Administrator shall meet the Medical Examiner
at the Medical Examiner's facility at a mutually agreeable time, in order to verify
that the facility, files and records have been left in good condition.
(D) The Parties agree that the Medical Examiner may retain possession and title to the
2014 Dodge Ram Truck ( "Vehicle ") titled in the personal name of the Medical
Examiner, including any truck caps or truck covers purchased for the Vehicle
during his term as Medical Examiner. The Medical Examiner is responsible for
any and all future costs for the Vehicle, including but not limited to loan payments,
insurance payments, maintenance and repairs, and is also solely responsible for any
and all liability arising out of use or ownership of the Vehicle.
(E) Other than the Vehicle mentioned in paragraph (C), above, the Parties agree that all
other furniture, fixtures, equipment, records, and real or personal property in any
form, whether affixed to the Medical Examiner's facility or not, that is used in the
operation of the Medical Examiner's office and operations contained in the office,
including but not limited to items listed as County assets on the inventory
maintained by the Clerk's Office, constitutes property of Monroe County and shall
remain in the Medical Examiner's facility and be turned over at the end of the term
of this Extension. Any personal items not related to the operations of the Medical
Examiner's office and operations contained in the office shall constitute property of
Dr. Beaver and shall be taken with Dr. Beaver at the conclusion of the term of this
Extension.
(F) The Medical Examiner understands and agrees that he is responsible for payment
of any and all invoices for salaries, goods and services purchased or used during
the period of his appointment, through the expiration of this Extension, including
but not limited to the sums themselves and any taxes owed on the sums.
4. Mutual Release. The Parties hereby remise, release, acquit, satisfy, and forever
discharge each other from any and all claims, actions, cause and causes of action, suits, debts, dues,
sums of money, accounts, contracts, controversies, agreements, promises, damages and demands
whatsoever, in law or in equity, arising out of each party's performance of the Original Agreement,
including, but not limited to, any amounts that either party contends remain due and owing as asserted
in the audit conducted by the Monroe County Clerk's Office as outlined in Audit Report #16 -03 dated
May 10, 2016.
5. Except as outlined herein, the remaining terms and conditions of the Original
Agreement remain in full force and effect.
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
WE
Attest:
Kevin Madok, Clerk
:
Deputy Clerk
Mayor /Chairman
MEDICAL EXAMINER
LIM
Witness:
By:
Print Name:
Date:
Thomas Beaver, M.D.,
4
AGREEMENT
THIS AGREEMENT entered this 11th day of June , 2014,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA (hereinafter "County "), 1100 Simonton Street, Key West, Fl. 33040, and
Thomas Beavers, M.D, (hereinafter "Medical Examiner").
WHEREAS, Chapter 406, FS establishes Medical Examiner Districts; and
WHEREAS, the State Attorney for Monroe County did, pursuant to F.S.
§406.15, appoint Thomas Beavers, M.D. as Interim Medical Examiner, pending
appointment by the Governor, pursuant to F.S. §406.06, as the medical Examiner, now,
therefore,
IN CONSIDERATION of the mutual covenants below, the parties agree as
follows:
1. CONTRACT PERIOD. This agreement is for services for the period June
20, 2014, through May 31, 2017, contingent upon the Governor's appointment of Dr.
Beavers to the office of Medical Examiner. This agreement shall come into effect on the
date first stated above, and shall remain in effect for the stated period unless this
agreement is terminated earlier pursuant to, and in compliance with, paragraph 14 below.
In the event that Dr. Beavers is not appointed by the Governor to the position of Medical
Examiner, this agreement will remain in effect only until the appointment by the
Governor of another person to the office of Medical Examiner, notwithstanding any other
provision contained in this agreement.
2. SCOPE OF AGREEMENT. Medical Examiner shall provide the work plan,
staffmg and services as necessary to carry out the functions of the district medical
examiner as set forth in Ch. 406, F.S., and Title I IG, F.A.C. The Medical Examiner
agrees that he will serve as the full time medical examiner for the 16 District, and shall
reside in Monroe County, Florida, in order to be available in person on a regular basis
during the term of this agreement or any subsequent agreement.
The staff of the office shall be directly responsible to the Medical Examiner, and shall
include positions including, but not limited to, associate medical examiner(s), secretary,
forensic investigator(s), diener, custodian, histotechnologist as is required to perform the
services.
The Medical Examiner, Dr. Beavers, warrants and agrees that he is a practicing physician
in pathology as required by Chapter 406, F.S. and holds the required licensure to accept
and complete the duties of the medical examiner in Monroe County.
3. AMOUNT OF AGREEMENT/PAYMENT County shall make payments in
accordance with the budget for County fiscal year ending September 30, 2014, which
budget is attached hereto as Exhibit A and incorporated herein by reference. A copy of
the proposed budget for fiscal year ending 2015 is attached hereto as Exhibit B and is
incorporated herein by reference. Subsequent years' payments shall be based on the
budgets adopted for the Medical Examiner's Office. County has the authority and
responsibility, under FS 406.06(3), to establish reasonable salary, fees and other costs as
are necessary for the operation of the Medical Examiner's office. Pursuant to F. S.
406.08, the medical examiner shall submit an annual budget to the board of county
commissioners _The Medical Examiner's budget is intended to cover the anticipated
normal activities /work load of the Medical Examiner based upon past statistics and
reasonable projections, and shall be disbursed through pro rata monthly payments.
A) For the remainder of the 2014 budget period, the County shall pay the
Medical Examiner on a monthly basis, when invoiced in arrears, the lump sum of
$56,101.25 per month, to cover the costs for all services of the office, including but not
limited to salaries, benefits, and operating supplies.
B) After approval of the budget appropriation for Fiscal Year 2015, and
upon receipt by the Clerk of monthly invoices for services rendered, County shall pay the
Medical Examiner, for the period beginning October 1, 2014 and ending September 30,
2015, the annual lump sum as adopted by the Board of County Commissioners. The 2015
anticipated budget for the medical examiner is of $631,370.00, in equal monthly
payments of $52,614.16 to cover the costs for all services of the office, including but not
limited to salaries, benefits, and operating supplies. Subsequent years' lump sums shall
be negotiated annually. The County's performance and obligation to pay under this
contract, is contingent upon an annual appropriation by the Board of County
Commissioners.
C) In the event of a disaster or occurrence unusual in nature or magnitude,
the Medical Examiner shall petition the Board of County Commissioners for
reimbursement of all extraordinary expenses and compensation due to the disaster.
D) The Medical Examiner shall develop a schedule of reasonable and
customary fees which shall be charged to third parties for specific services. Revenue
received from the collection of such fees shall be retained and accounted for by the
Medical Examiner and used for operating expenses, thus reducing the overall level of
County funding required for Medical Examiner activities in subsequent years, as
negotiated.
4. ACCOUNTING AND RECORDS. Records of Medical Examiner pertaining
to this Agreement shall be kept on generally recognized accounting principles, and shall
be available to the County or to an authorized representative of County, FDLE and the
Auditor General for audit. Both parties shall maintain such records as are necessary to
account for state funds disbursed by the Medical Examiners Commission. All records
related to this Agreement shall be kept for a minimum of five years subsequent to the
termination of this Agreement. Medical Examiner shall be responsible for repayment of
any and all audit exceptions identified by County or its agents or representatives.
Medical Examiner may obtain, at his own cost, the services of an independent certified
public accountant to review the records. In the event of an audit exception, the County's
obligation under this Agreement shall be reduced if the exception is ascertained prior to
the termination of this Agreement. In the event there are insufficient moneys due to
Medical Examiner at the time of identification and notice thereof to Medical Examiner to
cover the amount of audit exception or the Agreement has terminated, Medical Examiner
shall reimburse County for the amount of the audit exception.
County shall provide the Medical Examiners Commission with the County
Annual Expenditure Report, identifying total funds expended or encumbered and
budgeted, for Medical Examiner services during the current County fiscal year (forms to
be provided by Commission); a copy of the budget adopted or proposed by County for
Medical Examiner for FYE September 30, 2015, and a copy of any Medical Examiner
Office financial audit report prepared for County.
5. OFFICE/EOUIPMENT/FACILITY
A) County shall provide such equipment and supplies as are required for
the day -to -day operation of the Medical Examiner's Office pursuant to County policy and
guidelines and within the budget provided for the Medical Examiner Office. The
equipment and existing supplies are at the County's Medical Examiner facility, located at
56639 Overseas Highway, Marathon, Florida. In regards to maintenance of the facility,
the County is responsible for:
I. 'Maintenance and repairs to facility;
2. Utilities, to include normal waste refuse services, electric and water;
and
the Medical Examiner is responsible for:
1. Biohazardous waste collection and disposal services.
2. Janitorial services for the facility
B) Medical Examiner is responsible to County for the safekeeping and
proper use of the equipment entrusted to Medical Examiner's care. All equipment shall
be relinquished to County upon termination of this agreement.
6. MODIFICATIONS AND AMENDMENTS. Any and all modifications and
amendments of this agreement shall be approved by the County and Medical Examiner in
writing. No modification or amendment shall become effective until approved in writing
by both parties.
7. ASSIGNMENT. Medical Examiner shall not assign this, except in writing and
with the prior written approval of County, which approval shall be subject to such
conditions and provisions as County may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of
the provisions herein, unless expressly provided otherwise in an amendment authorizing
such assignment. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon either party in addition to the
covenants and promises contained herein.
8. INDEMNIFICATION. Medical Examiner hereby agrees to indemnify and
hold harmless the County and any of its officers and employees from and against any and
all claims, liabilities, litigation, causes of action, damages, costs, expenses - including but
not limited to fees and expenses arising from any factual investigation, discovery or
preparation for litigation - and the payment of any and all of the foregoing or any
demands, settlements or judgments (collectively the "Claims ") arising directly or
indirectly from any negligence or criminal conduct on the part of Medical Examiner, or
subcontractors, in the performance of the terms of this Agreement except to the extent
that, in the case of any act of negligence, Medical Examiner reasonably relied on material
supplied by, or any employee of the County. Medical Examiner shall immediately give
notice to County, by certified mail to the Mayor of County, of any suit, claim or action
against Medical Examiner that is related to the activity under this contract and will
cooperate with County in any investigation arising as a result of any suit, action or claim
related to this contract.
9. ANTI- DISCRO19NATION. Medical Examiner will not discriminate against
any person on the basis of race, creed, color, religion, sex, age, national origin, physical
handicap, or any other characteristic which is not job - related, in its recruiting, hiring,
promoting, terminating or any other area affecting employment under this Agreement.
Medical Examiner agrees to include this paragraph in all contracts it enters into with
other persons or entities and to abide by all Federal and State laws regarding non-
discrimination, including but not limited to, Titles VI and VII of the Civil Rights Act of
1964 (42 USC 2000d), Executive Order 11246, Executive Order 11375 and U.S.
Department of Labor Regulations (42 CFR Part 60).
10. ANTI- KICKBACK. Medical Examiner warrants that he has not employed,
retained or otherwise had acted on his behalf any former county officer subject to the
prohibition in Section 2 of Ordinance No. 10 -1990 or any county officer or employee in
violation of Section 3 of Ordinance No. 10 -1990, and that no employee or officer of the
County has any interest, financially or otherwise, in Medical Examiner except for such
interests permissible by law and fully disclosed by affidavit attached hereto. For breach
or violation of this paragraph, the County may, in its discretion, terminate this Agreement
without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former county officer or employee.
11. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, any may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, FS, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
12. COMPLIANCE WITH LAW. Medical Examiner shall comply with all
federal, state, and local laws, ordinances, regulations and rules applicable to the services
to be performed by each party under the terms of this Agreement. Medical Examiner
shall maintain such licensure as is required by law to carry out the services in this
Agreement.
13. INDEPENDENT CONTRACTOR At all times and for all purposes
hereunder, Medical Examiner is an independent contractor and not an employee, agent or
servant of the County or of the Florida Department of Law Enforcement. No statement in
this Agreement shall be construed so as to find Medical Examiner or any of its
employees, contractors, servants, or agents to be employees of the County or State, and
they shall be entitled to none of the rights, privileges, or benefits of employees of County
or State. The Medical Examiner may subcontract for performance of services as deemed
necessary and shall be ultimately responsible legally, operationally, and financially for
any such subcontracts; any subcontracts shall be of similarly licensed individuals.
14. TERNIINATION FOR CAUSE OR LACK OF FUNDS AND NON.
WAIVER.
A) Should County determine that this agreement should be terminated
for cause, it shall notify the Medical Examiners Commission and the Governor as soon as
is feasible after the occurrence(s) which is(are) the basis for such termination.
Recognizing that the Governor and Medical Examiners Commission have the sole
authority to suspend or remove the Medical Examiner pursuant to Sections 406.06 and
406.075, County may only terminate or reduce payment under this agreement for failure
of the Medical Examiner to fulfill the terms of this Agreement, or attachments, properly
or on time, or other violations of the provisions of the Agreement or of applicable laws or
regulations governing the use of funds, upon giving written notice of sixty days, which
notice shall specify cause. The notice of termination or reduction of payment may allow,
if so specified within said notice, a time period during which the breach may be cured
and the early termination for said breach become ineffective. The County shall pay
Medical Examiner fair and equitable compensation for expenses incurred prior to
termination of the Agreement, less any amount of damages caused by Medical
Examiner's breach. If the damages are more than compensation payable, Medical
Examiner will remain liable after termination and County can affirmatively collect
damages. The Medical Examiner may terminate this agreement for failure of County to
fulfill its duties and obligations upon giving County sixty (60) days prior written notice.
B) In the event that the Governor appoints a successor to the Medical
Examiner named herein, this Agreement shall terminate on the day prior to the effective
date of such successor's appointment.
C) In the event that funds from County cannot be continued at a level
sufficient to allow for the purchase of services specified herein, this Agreement may be
terminated upon giving written notice of thirty (30) days to Medical Examiner delivered
in person or by mail to Medical Examiner.
D) The County shall not be obligated to pay for any services or goods
provided by Medical Examiner after the effective date of termination.
E) Any waiver of any breach of covenants herein contained shall not
be deemed or considered as a continuing waiver and shall not operate to bar or prevent a
party from declaring a forfeiture for any succeeding breach either of the same conditions
or covenants or otherwise.
F) Medical Examiner may terminate this Agreement without cause upon
giving County written notice of termination at least sixty (60) days prior to the effective
termination date.
15. INSURANCE. The Medical Examiner shall maintain and comply with the
insurance requirements as specified below, which include Professional Liability
insurance in accordance with FS 406.16. The costs of the aforementioned insurance shall
be a cost within the Medical Examiner's Budget.
General Insurance Requirements
As a pre- requisite of the work governed by this contract (including the pre - staging
of personnel and material), the Medical Examiner shall obtain, at his/her own expense,
insurance as specified below. The County shall reimburse the Medical Examiner for the
reasonable cost of the specified Medical Professional Liability. The Medical Examiner
shall require all Subcontractors to obtain insurance consistent with the schedules below;
and provide proof of insurance in effect during term of subcontract to medical examiner
and county upon request from the county.
The Medical Examiner will not be permitted to commence work governed by this
contract (including pre - staging of personnel and material) until satisfactory evidence of
the required insurance has been furnished to the County as specified below. Delays in the
commencement of work, resulting from the failure of the Medical Examiner to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if
the work commenced on the specified date and time, except for the Medical Examiner's
failure to provide satisfactory evidence.
The Medical Examiner shall maintain the required insurance throughout the entire
term of this contract and any extensions. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated
or replaced. Delays in the completion of work resulting from the failure of the Medical
Examiner to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for the Medical Examiner's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance, or a Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless the insurer gives a minimum of
thirty (30) days prior notification to the County.
The acceptance and/or approval of the Medical Examiner's insurance shall not be
construed as relieving the Medical Examiner from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
General Liability.
Prior to the commencement of work governed by this contract, the Medical
Examiner shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include as a minimum: Premises Operations,
Products and Completed Operations, Blanket Contractual Liability, Personal Injury
Liability, Expanded Definition of Property Damage. The minimum limits acceptable
shall be shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County. The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
Vehicle Liability.
Recognizing that the work governed by this contract requires the use of vehicles,
the Medical Examiner, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Medical Professional Liability.
Recognizing that the work governed by this contract involves the providing of
professional medical treatment, the Medical Examiner shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
the rendering of, or failure to render medical professional services under this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence /$1,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of
four (4) years will be required.
Workers' Compensation.
Prior to the commencement of work governed by this contract, the Medical
Examiner shall obtain Workers' Compensation Insurance with limits sufficient to respond
to Florida Statute 440.
In addition, the Medical Examiner shall obtain Employers' Liability Insurance
with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Medical Examiner has been approved by the Florida's Department of Labor,
as an authorized self - insurer, the County shall recognize and honor the Medical
Examiner's status. The Medical Examiner may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Medical Examiner's Excess Insurance Program.
If the Medical Examiner participates in a self - insurance fund, a Certificate of
Insurance will be required. In addition, the Medical Examiner may be required to submit
updated financial statements from the fund upon request from the County.
16. SEVERABILITY. If any provision of the Agreement shall be held by a court
of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
or the application of such provision other than those as to which it is invalid or
unenforceable, shall not be effected thereby; and each provision of the Agreement shall
be valid and enforceable to the fullest extent permitted by law.
17. NOTICE. Unless specifically provided otherwise in this Agreement, any notice
required or permitted under this Agreement shall be in writing and hand - delivered or
mailed, postage prepaid by certified mail, return receipt requested, to the other party as
follows: To County: County Administrator
1100 Simonton Street
Key West, Fl. 33040
To Medical Examiner: Thomas Beavers, M.D.
P.O. Box =!afQ O 7
2.
18. CONSENT TO JURISDICTION. This Agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida and both
parties agree that a proper venue for any action shall be Monroe County.
19. REPORTS. Medical Examiner shall develop a record - keeping system which
can be used to provide County with a monthly report, which shall be submitted on a
monthly basis and begin no later than a report for the month of June, 2014, and which
shall include, as a minimum the following:
A) Number of all investigations.
B) Number of all autopsies performed.
C) Number of authorizations for all cremations and burials at
sea and anatomical dissections.
The activity report shall be submitted by the 10th day of the following month to
the County Administrator.
20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of
the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between Medical Examiner and the
County.
21. FDLE. The Florida Department of Law Enforcement shall not be deemed to
assume any liability for the acts, omissions to act, or negligence of the County or the
Medical Examiner, their agents, servants and employees; nor shall County or Medical
Examiner exclude its own negligence to FDLE or any third party.
22. GENERAL REQUIREMENTS OF COUNTY CONTRACTS:
A) Non - Discrimination. County and Contractor agree that there will be no
discrimination in the provision of services against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
B) Covenant of No Interest. County and Contractor covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
C) Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
D) Public Access. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119 and Chapter
406, Florida Statutes, as well as any other applicable statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have
the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor. It is understood that due to the nature of the services provided, there will be
records which are deemed confidential and exempt from the public records disclosure
requirement.
With respect to documents that are not deemed confidential or exempt the medical
examiner must comply with public records law, specifically to do the following:
(i) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(ii) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
(iii) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(iv) Meet all requirements for retaining public records and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public
agency.
E) Non - Waiver of Immunity. Notwithstanding he provisions of Sec.
768.28, Florida Statutes, the participation of the County and the Contractor in this
10
Agreement and the acquisition of any commercial liability insurance coverage, self -
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
F) Non - Reliance by Non - Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
G) Execution in Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by singing any such counterpart.
H) Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
: first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU , FLORIDA
By
Ma or /Cha an
Deputy Clerk
Witness printed name
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MEDIgKL EXAMINER
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Organization Code Expenditure Detail Item Budget grouped by Fund, Department
Monroe Cntstty Board of County Commissioners Fiscal Year 2014
•ar:xy
I`i; I:iw`1
GovMaz vs
i 71:014 t2'1617P%I -Er
001 Ge neral Fund
68000 Medical Examiner
530341) Other 1 untroctu d sere iee
Add'1 *,,nas
1
FY 14 Propo3ed
50.000
50,000
50 000
0 0
1 577.215
573 213
573.215
0 0
10 1 11ho ("'mmoml "m wa 623,215
623,215
623.215
0 0
56116411( atalat 1)ulla)- equipment
1
50.000
50.000
50,000
a c
66000 Medical Etertkrer 673,214
673 .216
67 3,216
0 0
650 Medical Erarmnr 673,2
673,211
673,216
a 0
001 Oaneial Fund 473,216
47 3,216
673,210
i
0 0
Repot Grand Total 673
- 973,216
' Q
GovMaz vs
i 71:014 t2'1617P%I -Er
1
Organization Code Expenditure Detail Item Budget grouped by Fund, Department
Won.m.e. Cow.ty Board of County Commissioners Fiscal Year 2015
d I
001 General Fund
68000 Medical Examine
W40 Ofher I e nirsIctualsenice
FYI S Pmpajed
1
623
623.215
623,215
530451 ki%k NIA"Aaefflent hisruti
1
8155
8.•55
8.
68000 Mod" Examirw
631,370
631.170
631,370
0
660 Medical Examiner
$31,370
$31.370
631,370
0 0
001 GOCWW Fund
631,370
631,370
631,370
0 0
- � 40m2o
Report Grand TOM
Mom
631,370
631,370
631,370
0 0
Go VS
-04 11 )1 2?,*.?A - ET