3rd Amendment 11/20/2013 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE BOUNTY,FLORIDA
DATE: December 23, 2013
TO: Roman Gastesi, County Administrator
ATTN: Connie Cyr, Aide to
County Administrator
FROM: Vitia Fernandez, D.C
At the Novermber 20, 2013, oard of County Commissioner's meeting the Board granted
approval and authorized execution of Item U4 Board granted approval of Third Amendment to
Agreement for Medical Examiner Services.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone 305 295 3130 Fox 305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
• THIRD AMENDMENT TO AGREEMENT
FOR MEDICAL EXAMINER SERVICES
THIS AMENDMENT to agreement is made and entered in this 20'h day of November,2013, between the Board
of County Commissioners of Monroe County, Florida("County"), and E. Hunt Scheuerman, M.D. (Medical Examiner").
WHEREAS,a contract was entered into on August 20,2008,between the parties for Medical Examiner for the
period September 1,2008,through August 31,2011, contingent upon the Governor's appointment of Dr. Scheuerman to
the Office of Medical Examiner; and
WHEREAS,the contract was extended by amendment on August 17,2011,to August 31,2014; and
WHEREAS, rising costs require that the contract,as previously amended,be changed effective retroactively to
June 1,2012,to increase the contract amount from $540,820 annually to$573, 194.88 annually;and
WHEREAS, continued rising costs require that the contract,as previously amended,be changed effective
retroactively to October 1,2013,to increase the contract amount from $573,194.88 annually to$623,215 annually;
NOW,THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the
agreement as follows:
I. Paragraph 3.B of the agreement dated August 20,2008, shall be amended by adding the following sentence at
the end of the paragraph:
Commencing October 1, 2013,the compensation shall be increased to$623,215 which is$51,934.58 per
month."
2. The remaining provisions of the contract dated August 20, 2008,as amended July 18,2012, not inconsistent
herewith, shall remain in full force and effect.
ITNESS WHEREOF,the parties have set their hands and seal on the day and year first above written.
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MONROE COUNTY ATTORNEY
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NTHIA L. HALL CCC E. Hunt Scheuerman, M.D. s .m
ASSISTA C UNTY ATTORNEY 1
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SECOND AMENDMENT TO AGREEMENT
FOR MEDICAL EXAMINER SERVICES
THIS AMENDMENT to agreement is made and entered into this lath day of
July. 2012 between the Board of County Commissioners of Monroe County, Florida
("County"), and E. Hunt Scheuerman, M.D. ("Medical Examiner").
WHEREAS, a contract was entered into on August 20, 2008, between the parties,
for Medical Examiner for the period September 1, 2008, through August 31, 2011,
contingent upon the Governor's appointment of Dr. Scheuerman to the Office of Medical
Examiner; and
WHEREAS, the contract was extended by amendment on August 17, 2011, to
August 31, 2014; and
WHEREAS, rising costs require that the contract, as previously amended, be •
changed effective retroactively to June 1, 2012, to increase the contract amount from
$540,820 annually to $573,194.88 annually;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph 3.6) of the agreement dated August 20, 2008, shall be amended by
adding the following sentence at the end of the paragraph: •
"Commencing June 1, 2012, the compensation shall be increased to
$573,194.88 annually, which is $47,766.24 per month."
2. The remaining provisions of the contract dated August 20, 2008, as amended
August 17, 2011, not inconsistent herewith, shall remain in full force and effect.IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first abdye written.
N T
(SEAL) - o
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY - I -n
COMMISSIONERS OF r o
MONROE OUN FLORIDA
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By:C.1- By. o
Depu Clerk Mayor/ airman _ NN Av
MEDICAL INER
E. Hunt Scheuerman, M.D.
rv/rr /L
AMENDMENT TO AGREEMENT
for
MEDICAL EXAMINER SERVICES
AL
THIS AMENDMENT is made and entered into this /y day of 0.2*Prveg
2011,between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA,hereinafter"County",and E.Hunt Scheuemien,M.D.,hereinafter"Medical
Examiner",in order to amend the term of the original AGREEMENT.
WHEREAS,on August 20,2008,the parries entered into an agreement(the original
agreement)for Medical Examiner for the period September 1,2008 through August 31,2011,
contingent upon the Governor's appointment of Dr.Scheuennan to the Office of Medical
Examiner;and
WHEREAS,the parties desire to extend the original contract period;now therefore,
IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW,IT IS AGREED
AS FOLLOWS:
The term in Section 1 of the original Agreement is amended to read:
I. Contract Period: Thin agreement is for services for the period September 1,200g,
through August 31,2014,contingent upon the Governor's appointment of Dr.Scheue m m to the
office of Medical Examiner.
All other provisions of the August 31,2008 agreement,not inconsistent herewith,shall
remain in MI force and effect
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and
year first written above.
BOARD OF UNTY COMMISSIONERS
OF MONK DA
M /Chairman
(SEAL)
ATTEST:- Y L.KOLHAGE,CLERK
Y
Deputy Clerk MEDICAL R
E.Hunt Scheuemnn, M.D.
ca en
AGREEMENT
THIS AGREEMENT entered this2Oth day of August , 2008, between
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
(hereinafter "County"), 1100 Simonton Street, Key West, Fl. 33040, and E. Hunt
Scheuerman, M.D., Medical Examiner, District Sixteen (Monroe County), (hereinafter
"Medical Examiner").
WHEREAS,Chapter 406,FS establishes Medical Examiner Districts; and
WHEREAS, on the State Attorney for Monroe County did, pursuant to F.S.
§406.15, appoint E. Hunt Scheuerman, 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
September I, 2008, through August 31, 2011, contingent upon the Governor's
appointment of Dr. Scheuerman 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. Scheuerman 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,
staffing and services as necessary to carry out the functions of the district medical
examiner as set forth in Ch. 406, F.S., and Title 110, F.A.C. 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.
3. AMOUNT OF AGREEMENT/PAYMENT. County shall make payments in
accordance with the budget for County fiscal year ending September 30, 2008, which
budget is attached hereto as Exhibit A and 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. 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.
Med Examiner K'08 1
A) For the first month of the contract period, the County shall pay the
Medical Examiner on a weekly basis, when invoiced in arrears, the lump sum of
$10,833.16 per week ($43,332.66 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 2009, and
upon receipt by the Clerk of monthly invoices for services rendered, County shall pay the
Medical Examiner, for the period beginning October 1, 2008 and ending September 30,
2009, the annual lump sum of $540,820, in equal monthly payments of $45,068.33 to
cover the costs for all services of the office, including but not limited to salaries,benefits,
and operating supplies. If requested, for the period of October 1, 2008 through December
31, 2008, payment can be made on a hi-weekly basis, when invoiced in arrears.
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 by County for Medical
Med Exam K Aug 2008 2
Examiner for FYE September 30, 2008, and a copy of any Medical Examiner Office
financial audit report prepared for County.
5. OFFICE/EQUIPMENT/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 agreement, 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 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
Med ExamK Aug 2008 3
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-DISCRIMINATION. 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 shalt comply with all
federal, state, and local laws, ordinances, regulations and rules applicable to the services
to be performed by each party under the teens 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
Med Exam K Aug 2008 4
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 services as deemed necessary and
shall be ultimately responsible legally, operationally, and financially for any such
subcontracts.
14. TERMINATION 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 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 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
Med Exam K Aug 2008 5
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 he 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 fur the
reasonable cost of the specified Medical Professional Liability. The Medical Examiner
will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Medical Examiner. As an alternative, the Medical Examiner may require
all Subcontractors to obtain insurance consistent with the schedules below.
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 fumished 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.
Med Exam K Aug 2008 6
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
Med Exam K Aug 2008 7
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: E. Hunt Scheuerman, M.D.
P.O. Box 523207
Marathon Shores, Fl. 33052.
Med Exam K Aug 2008 8
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 he submitted on a
monthly basis and begin no later than a report for the month of September, 2008, 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: I) 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
Med Exam K Aug 2009 9
(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.
U) 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, Florida
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.
E) Non-Waiver of Immunity. Notwithstanding he provisions of Sec.
768.28, Florida Statutes, the participation of the County and the Contractor in this
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
Med Exam K Aug 2008 10
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
the dgte first above written.
BOARD OF COUNTY COMMISSIONERS
(SEpja OF MONROOE��yn� COUNTY,
Attest. By
`DALVNYGE,CLERK Mayor/Chairman CDm
_
ww ,t C �
Depu Clerk rn
cn
A-!!/' k MEDIC MINER - _l
//Witness E. Hunt Scheuerman, MD -
///JJJ Witness
MONROE COUNTY ATTO E
APPROVED T
U IN A. TTON
Dale COUtW/7%',y
Med Exam K Aug 2008 11
EXHIBIT A
Org Code Expenditure Detail Item Budget
Monroe County Board of County Commissioners Fiscal Year 2008 Adopted Budget
Service FY 2008 FY 2009 FY2010 FY 2011 FY 2012
Expenditure Deep lien,Description Level Issues Budget Budget Budget Budget Budget
88000 Medical Examiner
530340 Clearing her Coetraetoe Service
Clearing 1 10,000 10,000 10,000 10,000 10,000
Confect for Medical Examiner Senecas 1 507.992 507.992 507,992 507.902 507,992
530340 Other Contactual Service 517,992 517,992 517,992 517,992 517.992
530440 Radek And Leases
Renal lessee for Medical Examiner facilities 1 32,328 32,328 32.328 32,326 32,328
530451 Risk Maaaguneb Charges
Annual Risk Management Bang 1 6.719 6.719 6,719 6,719 6.719
530460 Repair Aed Malaeence
Repair and Mekaetle,ca of County caned enukanent 1 300 300 300 300 300
88000 Medical Examiner 557,339 557,330 557,339 557,339 557,339
Report Grub Total 557,339 507,339 55f,339 557,339 557,339
Gentles 1 814/2009
• •
5 "*
4
C9214 irSillooney
SIXTEENTH JUDICIAL CIRCUIT 20 OVERSEAS RIORWO YEA raualHCMa
mac E.anal. TAVEOME$FLOk1DA 3300 x1ypS-rii0
man roomy
July 30,2008
Dr.E.Hunt Sehe ermat,MD
Associate Medical Examiner
District 4 Medical Examiner Office
2100 Jefferson Street
Jacksonville,Florida 32206
Dear Dr.Scleuerman:
On behalf of the citizen's of Monroe County,we hereby appoint you to serve as Interim
Medical Examiner of Monroe County. You will be assuming the position of Interim Medical
Examiner as of September 1,2008. Accordingly,my appointment of you as Interim Medical
Examiner will expire upon appointment of a permanent Medical Examiner. Thank you for
accepting this appointment
Sincerely. fate
Mark E.Kohl
State Atmmey
MEK:sr
cc: Roman Gastesi,County Administrator
Stephen 1.Nelson,Chairman,Medical Examiners Commission
Dr. Michael Hunter,District Fourteen Medical Examiner
James"Reggie"Pares,Director Monroe Count Housing&Development