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HomeMy WebLinkAbout1st Extension 05/17/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: May 30, 2017 TO: Abra Campo, Executive Administrator County Attorney's Office FROM: Pamela G. Hanco k, eputy Clerk SUBJECT: May 17th BOCC Meeting Enclosed is a duplicate original of Item Q8, amendment to Contract with Medical Examiner Thomas Beaver, MD to cover one month between the expiration of lus current contract and the end of his gubernatorial appointment, for your handling. Should you have any questions, please feel free to contact meat ext. 3130. Thank you. cc: Finance File/ EXTENSION TO AGREEMENT FOR THE PROVISION OF MEDICAL EXAMINER SERVICES THIS Extension to the Agreement f r Provision of Medical Examiner Services ( "Extension ") is made and entered into as of *K day of , 2017 ( "Effective Date "), by and between the Board of County Commissioners of Monroe Co nty, 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. Paragraph (3) of the Original Agreement, Amount of Agreement /Payment, is amended to read as follows: 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 -1- 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. 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. A new paragraph, Close -Out, is added to the Original Agreement, to read as follows: Close -Out. 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. 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. 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. 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. 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 -2- 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. 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. • 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. • Except as outlined herein, the remaining terms and conditions of the Original Ageement remain in full force and effect. o� a o Mr- --c on p CD CD 4 c - ) r -- O IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of thAate firstaove) written. 3 n. 0ok, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Z- Mayor /Chairman MEDICAL Thomas Beaver, M.D., MONROE COUNTY ATTORNEY A ROVED AS TO�: -3- C YNTHIA L. HA ASSISTANT COUNTY ATTORNEY Dat a ?,- Xn I + -V Pm- Notary Public sate of Florida Judy M Olson a a� My Correefeelw FF 211009 Expires 03117/2019 i ��✓ / Sri ' ,.