03/21/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 28, 2012
TO: Reggie Paros, Manager
Florida Keys Marathon Airport
ATTN: Julie Thomson, Executive Assistant
idi .y
FROM: Isabel C. DeSantis, D.C.
At the March 21, 2012 Board of County Commissioner's meeting the following was
approved:
Item C12 Board granted approval and authorized execution of an Agreement between the
University of Miami on behalf of its Tissue Bank, the District 16 Medical Examiner's Office and
the Monroe County Board of County Commissioners regarding use of the Medical Examiner's
Facility for cadaveric donor tissue procurement Operations.
Item C13 Board granted approval and authorized execution of a Fourth Extension of Time
to Lease Amendment with Coast FBO, LLC, Fixed Base Operator (FBO), at Florida Keys
Marathon Airport.
Enclosed are duplicate copies of the above - mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Agreement
This non - exclusive Agreement ( "Agreement ") is made and entered Into this 1'` day of February, 2012 ( "Effective
Date "), between the University of Miami on behalf of Its Tissue Bank ( "UMTB "), a Florida non - profit corporation
with offices at 1600 N.W. 10 Avenue, 8 Floor, Miami, FL 33136, the District 16 Medical Examiner's Office
( "MEO- District 16 ")), located at 56639 Overseas Highway, Marathon, FL 33050 (Note: the mailing address is P.O.
Box 523207, Marathon Shores, FL 33052.) and the Board of County Commissioners for Monroe County ( "County"),
a political subdivision of the State of Florida, located at 500 Whitehead Street, Key West, FL 33040.
RECITALS
WHEREAS, UMTB requires cadaveric donors to support Its tissue procurement operations, and
WHEREAS, many potential donors fall under the jurisdiction of MEO- District 16, and
WHEREAS, MEO- District 16 is encouraged to work with a tissue bank in accordance with the Florida
Medical Examiner Practice Guidelines, and
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
A. UMTB's Obligations:
1. Shall comply with the requirements of the medical examiner preference card;
2. Provide a toll free phone number to enable timely direct referrals for medical examiner cases
suitable for donation;
3. Provide transportation of bodies during normal business hours of the Medical Examiner Office,
unless other arrangements are mutually agreed upon;
4. UMTB shall process histological sections at UMTB's expense for cases undergoing procurement;
5. UMTB shall return referral phone calls made to UMTB within 45 minutes;
6. Provide results of blood cultures and serologic results on procured cases on medical examiner
cases, when requested;
7. UMTB shall be responsible to inform the family that procurement will delay the autopsy and
funeral arrangements by 24 hours at the time of consent; and,
8. Provide funding of modification of medical examiner facilities as mutually agreed and approved
by the District Medical Examiner and Monroe County.
9. A monthly payment of 5500.00 will be made to the District 16 Medical Examiner Office to
reimburse Monroe County for the use of the Medical Examiner facility, which includes but is not
limited to an increase in bio- hazardous waste fees and microscopic slide production. it is
�°- ?e ected that the UMTB will average one recovery per month. The monthly P g ry p y payment will be
-= adjusted on each anniversary date of this Agreement, based on the actual number of recoveries
u : from the preceding year. This monthly fee Is predicated on having a usable area for tissue
c, recoveries in the Medical Examiner facility that is compliant with UMTB's aseptic recovery
c m
u_ - standards.
' - Page 1 of 3
B. Medical Examiner District 16's Obligations:
1. Shall provide UMTB with timely notification of deaths provided that there Is no known
exclusionary condition, the health care surrogate or next -of -kin, as defined in Section 765.512(2)
and (3), Florida Statutes has been informed, there is no decomposition, and the "last known
alive" Interval is less than 12 hours;
2. Provide copies of the investigation report, autopsy report and results of adjunctive studies when
available;
3. Use reasonable efforts to work with UMTB to modify a room for procurement if suitable and
enable "after hours" access;
4. Performance of external examinations during normal working hours of the Medical Examiner's
Office prior to procurement and completion autopsies following procurement. If an autopsy is
not to be performed, MEO District 16 will notify UMTB prior to procurement and a private
autopsy will be arranged with a copy of the results forwarded to the MEO District 16.
C. UMTB agrees to maintain all certifications, and / or registrations with American Association of Tissue
Banks (AATB), Food and Drug Administration (FDA), and state licensures. The MEO District 16 agrees to adhere to
the Florida Medical Examiners Practice Guidelines and support tissue donation whenever reasonably practical.
UMTB shall use commercially reasonable efforts to facilitate tissue procurement with minimal disruption of
medical examiner activities.
D. The term of this Agreement shall be for the period of one (1) year commencing with the Effective Date
herein. This Agreement may be renewed for an additional one year period on each anniversary of the effective
date -by execution of a renewal-amendment by all parties. Either party may terminate the agreement immediately
by providing written notice.
E. This Agreement shall be governed by the laws of the State of Florida, without giving effect to its conflict of
law provisions. Any dispute under this Agreement shall be heard in a court of competent jurisdiction located in
Miami -Dade County, Florida.
F. Each party agrees to indemnify, defend and hold harmless the other, its agents, trustee, employees,
faculty, and students against any and all claims, damages, cause of action, cost or expense, including court costs
and reasonable attorney's fees (through the appellate level) which may arise and /or be incurred in connection
with or as a result of the negligent or willfully wrongful performance of such party under this Agreement, subject
to the County's sovereign Immunity rights as expressed in §768.28 Florida Statutes. This clause shall survive
termination of this agreement.
The undersigned acknowledge and agree to the provisions listed in this Agreement and affirm that they are
empowered to execute such agreement on the dates listed below for their respective organizations.
: :' ersity of Mi '/ District 16 M • I Examiner's Office
� B y:
Hu ' • erto Spezlani E. Hunt Scheuerman, M.D.
A sistant Vice President Business Services District 16 Medical Examiner
Date: Date: Z/ / 2._-
Page 2 of 3
•
ATTEST: Board of County ' els 01Re County
DANNY L. KOtH{AGE, Clerk �`'0 )
C. LQ�cYJa/I'LGW�
puty Clerk By:
David Rice, or
>1U) AS r �'
• _
AO A A. HU
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Ag. U of M Tissue Bank 2012 Page 3 of 3