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Item H2M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: H2 Agenda Item Summary #3274 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292 -4443 No AGENDA ITEM WORDING: Approval of Amendment 1 to Agreement for the Provision of Medical Services with Interim Medical Examiner, to revise the name of the contracting party from the individual to his corporation. ITEM BACKGROUND: On July 19, 2017, the Board of County Commissioners approved a contract with the interim Medical Examiner, Dr. Michael Steckbauer. The contract was signed by Dr. Steckbauer as an individual. Dr. Steckbauer has formed a corporation and for business reasons, wishes to have the contract be revised so that the contracting party is the corporation, Michael R. Steckbauer, M.D., M + M Forensics, P.A. It is customary in the State of Florida for the party to the contract with the county for provision of medical services to be a corporation, and there is no downside to the county. PREVIOUS RELEVANT BOCC ACTION: July 19, 2017: Approval of contract with interim Medical Examiner (item M -8). CONTRACT /AGREEMENT CHANGES: Changes name of contracting party from individual to corporate name STAFF RECOMMENDATION: Approval. DOCUMENTATION: Amendment 1 to ME Agreement 7.24.2017 Steckbauer signature page, Amendment 1 Interim ME Contract Steckbauer rev 6.26.2017 FINANCIAL IMPACT: Effective Date: July 1, 2017 Expiration Date: None Total Dollar Value of Contract: Unchanged (up to amount budgeted per year; currently $686,055.00, plus amount collected from fees). Total Cost to County: Unchanged (up to amount budgeted per year; currently $686,055.00, plus amount collected from fees). Current Year Portion: Approximately $171,513.75. Budgeted: Yes Source of Funds: Primary ad valorem. CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None. Revenue Producing: Grant: No County Match: No Insurance Required: Additional Details: No If yes, amount: Yes (already provided) None REVIEWED BY: Cynthia Hall Completed 09/05/2017 12:22 PM Budget and Finance Completed 09/06/2017 7:53 AM Maria Slavik Completed 09/06/2017 11:00 AM Kathy Peters Completed 09/06/2017 11:01 AM Board of County Commissioners Completed 09/20/2017 9:00 AM Board of County Commissioners Pending 09/27/2017 4:00 PM AMENDMENT1TO AGREEMENT FOR THE PROVISION OF MEDICAL EXAMINER SERVICES THIS AMENDMENT ( "AMENDMENT ") to the Agreement for the Provision of Medical Examiner Services ( "Agreement ") is made and entered into as of August 16, 2017 ( "Effective Date "), by and between the Board of County Commissioners of Monroe County, Florida (hereinafter "County "), and Michael R. Steckbauer, Interim 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. ") WHEREAS, on July 19, 2017, the County and Michael Robert Steckbauer, M.D. entered into the Agreement for the provision of Medical Examiner Services with an Effective Date of July 1, 2017; and WHEREAS, for business reasons, Michael Robert Steckbauer, M.D., has formed a corporation, and wishes for the contracting party in this Agreement to be the corporation MICHAEL R. STECKBAUER, M.D., M + M FORENSICS, P.A. in place and instead of himself as an individual; and WHEREAS, the entity change will have no impact on the Agreement and the interim Medical Examiner will continue to perform all of his obligations under the Agreement; and WHEREAS, it is in the mutual best interests of County and Medical Examiner to amend the Agreement to reflect this entity change; and WHEREAS, both parties agree to amend said Agreement, NOW THEREFORE, in consideration of the mutual promises of the original Agreement as amended herein, the parties agree as follows: 1. The Agreement between the Parties is hereby amended as follows: The name "Michael Robert Steckbauer, M.D." shall be replaced with "Michael R. Steckbauer, M.D., M + M Forensics, P.A." wherever it appears in the Agreement 2. All other remaining provisions in the Agreement not inconsistent herewith remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor /Chairman MICHAEL R. STECKBAUER, M.D., M + M FORENSICS, P.A. By: Michael R. Steckbauer, President 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: deputy Clerk By: Mayor /Chairman MICHAEL R. STECKBAUER, M.D., M + M FORENSICS, P.A. By: Michael R. Steckbauer, President E AGREEMENT FOR THE PROVISION OF MEDICAL EXAMINER SERVICES THIS AGREEMENT ( "Agreement ") is made and entered into as of 1 day of July, 2017 ( "Effective Date "), by and between the Board of County Commissioners of Monroe County, Florida (hereinafter "County "), and Michael Robert Steckbauer, M.D., Interim 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, the Medical Examiner was appointed by the State Attorney for Monroe County as the Interim Medical Examiner for District 16, encompassing Monroe County, on 2017; 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, the fees to be set by the Medical Examiner have been established by C� Resolution No. 007 -2009, as amended and supplemented by Resolution Nos. 001 -2001 and 135- 2001; and 2 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, the Parties wish to enter into this Agreement in order to set the amount of compensation, including salaries, for the Medical Examiner's office during the period of time in which the Medical Examiner serves as the Interim Medical Examiner, as well as fees to be collected by the Medical Examiner during the term of this Agreement, and also to define other terms and conditions in the contractual arrangement between the Parties; NOW THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter contained, the Parties agree as follows: 1. CONTRACT PERIOD. This Agreement covers services provided during the period beginning on July 1, 2017, and shall continue and remain in effect through the last day on which the Medical Examiner serves as the Interim Medical Examiner, unless terminated earlier pursuant to paragraph 14 below. 2. SCOPE OF SERVICES. 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 11G, F.A.C. The Medical Examiner agrees that he will serve as the full time medical examiner for District 16, and shall reside in Monroe County, Florida, in order to be available in person on a regular basis during the term of this Agreement. These services shall include the completion of death certification, autopsy reports and related paperwork for all cases accepted during the term of this Agreement. The staff of the office shall be employed by and shall be directly responsible to the Medical Examiner, and shall include such positions necessary for the delivery of services under this Agreement. Services provided by the Medical Examiner and any member of his staff as an expert witness or private consultant on medical examiner cases are outside the Scope of Services of this Agreement. The Medical Examiner warrants and agrees that he is a practicing physician in pathology as required by Chapter 406, F.S. and holds the required licensure to perform the duties of the medical examiner in Monroe County. 3. AMOUNT OF AGREEMENT/PAYMENT. The annual amount of money set aside in the FY 2017 budget for the Medical Examiner's office, exclusive of fees generated by cremation approvals, is six hundred eighty -six thousand fifty -five dollars and no cents ($686, 055.00) ( "Budgeted Amount "), which on a monthly basis is fifty -seven thousand one hundred seventy -one dollars and twenty -five cents ($57,171.25) ( "Monthly Amount ") as shown on Attachment A to this Agreement, incorporated herein by reference. A) Compensation /Salaries and Operating Expenses: The County agrees to compensate the Medical Examiner for services based on his actual, reasonable and necessary costs and expenses, provided, however, that such compensation shall not exceed the Budgeted Amount except as provided in paragraph 3(E), below. At the beginning of this Agreement, within ten (10) days following execution of this Agreement by both parties, the County shall provide an initial payment equal to the Monthly Amount. Thereafter, through the term of this Agreement, the Medical Examiner may request reimbursement for payments made by the Medical Examiner. The request for reimbursement may be made as frequently as the Medical L) LU Examiner wishes. The Medical Examiner shall submit the request for reimbursement and supporting documentation to the County Administrator, describing the services performed or goods purchased, on a letter which must contain a notarized certification statement. An example of the reimbursement request cover letter is included hereto as Attachment B. The submission must be in a form satisfactory to the County Administrator and the Clerk of the Circuit Court (Clerk), and must identify expenditures incurred, with adequate supporting documentation, E including receipts for paid bills and purchases. If the County Administrator approves the submission, he shall forward the same to the Clerk. If the County Administrator or Clerk determines that any expenditure is questionable, either of them shall return it to the Medical Examiner in writing with a written description of the deficiency(ies) and a request for further information. The County Administrator and Clerk shall approve any expenditure reasonably related to the delivery of services under Chapter 406 and this Agreement, to include at a minimum, but not be limited to, salary for the Medical Examiner in the amount of $23,833.33' per month, salaries for employees in the amount of $10,400:00 per month, and funds' for locum 2 tenens covering, doctors in the amount of $1,500.00 per day at 2.33 days per month. The total of reimbursement payments to the Medical Examiner for the fiscal year in the aggregate shall not exceed the total amount approved by the Board of County Commissioners for the budget of the Medical Examiner for FY 2017. Any portion of the Budgeted Amount that is not actually used by the Medical Examiner shall be retained by the County at the end of the fiscal year, rolled over and carried forward for use in the next fiscal year. B) Budget: For each year beginning with FY 2019, the Medical Examiner shall submit a proposed budget for the upcoming fiscal year, no later than May 1 prior to the start of the fiscal year. The budget submission shall include a budget proposal for all services, and shall indicate the previous fiscal year's actual, current fiscal year estimated, and subsequent fiscal year's proposed revenue and expenses. < LU 2 C) The County shall only reimburse those expenses that are reviewed and 0 approved as complying with this Agreement, state and federal laws and regulations, and Monroe County Code of Ordinances. E D) The Medical Examiner's final request for reimbursement must be received no later than sixty (60) days following the termination of this Agreement. E E) Any funds received by the Medical Examiner from the County must be used exclusively for the performance of services in accordance with paragraph 2 of this C� Agreement. Any funds received by the Medical Examiner from the County in connection with this Agreement must be placed in a segregated bank account used exclusively for the Medical Examiner's office, and the funds in the account shall not be commingled with personal funds belonging to the Medical Examiner. M F) In the event of a disaster or occurrence unusual in nature or magnitude, the Medical Examiner may petition the Board of County Commissioners to increase the budget in order to allow for reimbursement of all additional extraordinary expenses and compensation due to the disaster. G) Fees: The fees to be charged by the Medical Examiner are shown on Attachment C, attached hereto. Any increase in fees to be charged by the Medical Examiner requires the prior written approval of the Board of County Commissioners. The Medical Examiner is responsible for billing and collection of fees. Any fees collected become and remain the property of the Medical Examiner and may be used for any lawful purpose. H) I) This Agreement is subject to annual appropriation by the Board of County Commissioners. 4. ACCOUNTING AND RECORDS; AUDITS. A) The Medical Examiner agrees to establish and maintain all books, records, and documents related to performance under this Agreement in accordance with generally accepted accounting principles consistently applied (GAAP). The County or its designee, the 3 Florida Department of Law Enforcement, and the Auditor General for the State of Florida shall have reasonable and timely access to such records and reports for inspection or public records purposes, or for the purpose of conducting an audit, during the term of this Agreement and for five (5) years following the termination of this Agreement. B) The County reserves the right to conduct an audit of the Medical Examiner's books and records related to performance of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Medical Examiner pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Medical Examiner shall repay the monies together with interest calculated thereon pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Medical Examiner. As used in this Agreement, the term "audit" means the activity of evaluating the adequacy and effectiveness of organization's risks and control processes regarding the: 1. Reliability and integrity of financial and operational information; 2. Effectiveness and efficiency of operations and programs; 3. Safeguard of assets; and 4. Compliance with laws, regulations, policies, procedures and contracts Generally, audit scope may involve performance, operational, financial, compliance, and information technology reviews. C) The County reserves the right to conduct site visits, up to four (4) times per year. The site visits shall consist of an observation of non - medical activities and processes. C� The purpose of the site visits shall be to ensure compliance with contract terms and conditions ` cli and to inventory assets. The Medical Examiner agrees to cooperate with designated County staff in order to facilitate the site visits. 2 OFFICE/EQUIPMENT/FACILITY A) Any equipment or supplies purchased with funds supplied by the County shall be maintained at the County's Medical Examiner facility, located at 56639 Overseas Highway, Marathon, Florida. B) The County is the owner of the facility, equipment and supplies, including but not limited to capital assets, for which the County has provided funding (including but not limited to the facility, equipment, furniture, furnishings, and vehicles), other than personal items purchased with any salary paid to the Medical Examiner. The Medical Examiner is responsible to County for the safekeeping and proper use of the equipment and supplies entrusted to Medical Examiner's care. To the extent that equipment and supplies (including but not limited to capital assets) are titled, all titles will be held in the name of Monroe County. All equipment and supplies shall be relinquished to County upon termination of this agreement. C) All capital assets will be inventoried in accordance with Monroe County Administrative Instruction 4725. 1, a copy of which shall be provided to the Medical Examiner. An inventory of capital assets dated May 30, 2017 is attached hereto to this Agreement as Attachment D. For the purpose of this paragraph the definition of a "capital asset" means any item with an expected life of greater than one (1) year, in which the original value of the item is 4 equal to or greater than one thousand dollars ($1,000.00). D) In regards to maintenance of the facility, the County is responsible for: 1. Maintenance and repairs to facility; 2. Utilities, to include normal waste refuse services, electric and water; and 3. Payment for telephone (land line), facsimile and data ( internet) service for the facility. And the Medical Examiner is responsible for: 1. Biohazardous waste collection and disposal services. 2. Janitorial services for the facility. 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. This Agreement may not be assigned. 8. INDEMNIFICATION. Medical Examiner hereby agrees to indemnify and hold C� 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 U) reasonably relied on material supplied by, or any employee of the County. 9. ANTI - DISCRIMINATION. Medical Examiner will not discriminate against any person on the basis of race, ethnicity, religion, sex, age, national origin, disability, pregnancy, sexual orientation, or any other characteristic which is not job - related, in recruiting, hiring, promoting, terminating or any other area affecting employment under this Agreement. Medical Examiner agrees to abide by all Federal and State laws regarding non- discrimination. 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, F.S., 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, 4) 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, Cli operationally, and financially for any such subcontracts; any subcontracts shall be of similarly licensed individuals. 2 14. TERMINATION. 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) that 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, Florida Statutes, the County may only terminate or reduce payment under this Agreement for failure of the Medical Examiner to fulfill the terms of this Agreement or other violations of the provisions of the Agreement. In this event, the County shall give written notice to the Medical Examiner of intent to terminate the Agreement, at least sixty (60) days in advance of the intended termination date, which notice shall specify cause. The notice may allow a time period during which the breach may be cured. The County shall pay Medical Examiner fair and equitable compensation for all expenses incurred prior to termination of the Agreement. B) The Medical Examiner may terminate this agreement with or without cause upon giving County sixty (60) days prior written notice. C) 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. 11 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 cost of the insurance coverage is 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 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 E 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 provide a certificate showing evidence of each type of coverage prior to start of this Agreement; shall maintain the required insurance throughout the 2 entire term of this contract and any extensions; and shall notify the County at least thirty (30) days prior to any lapse or change in amount of coverage. 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. 7 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 Cli (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 2 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. E3 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: 1100 Simonton Street, 2nd floor Key West, Fl. 33040 Monroe County Administrator E] Michael R. Steckbauer, M.D. Medical Examiner [address] 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. The Medical Examiner provide the County with a monthly report, which shall be submitted on a monthly basis beginning with the Effective Date of this Agreement, which shall include, as a minimum the following: • Number of cases reported and accepted. • Number of all autopsies performed. • List of cremation approvals, with, at a minimum, date of death, name of decedent and name of funeral home. • Hours of court activities for District 16 (by attorney conferences, deposition, and grand jury or court testimony). The activity report shall be submitted by the 10th day of the following month to the County Administrator. C� In addition, on an annual basis, the Medical Examiner shall submit a list of cases in which `li fees were collected, showing the type of fee and amount collected. 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. Nothing in this Agreement shall preclude the Medical Examiner from engaging in the private practice of medicine or surgery pursuant to section 406.06(4), Florida Statutes, provided such practice does not interfere with the Medical Examiner's official duties under this Agreement. 22. GENERAL REQUIREMENTS OF COUNTY CONTRACTS: A) Code of Ethics. Both Parties agree that officers and employees of the County are 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. B) Public Records: Pursuant to F.S. 119.0701, the Medical Examiner, his employees and any contactors or subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: 10 i. Keep and maintain public records required by Monroe County in order to perform the service. ii. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. iv. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470, bradley- brian@monroecounty- fl.gov c/o Monroe County Attorney's Office, 1111 12 St., Suite 408, Key West FL 33040. C) 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 signing any such counterpart. Electronic signatures shall be recognized with equal validity as original signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk 11 M Mayor/Chairman MEDICAL EXAMINER M Michael R. Steckbauer, M.D., C� CIO I q 12 Appendix A (Approved Budget FY 2016 and Budget Request — FY 2017) �s E �a LU 2 0 E E C� cis 1 �a C 0 E c� 13 Attachment B (Request for Reimbursement Form) Monroe County Board of County Commissioners County Administrator 1100 Simonton St., 2nd floor Key West, FL 33040 Date: The following is a summary of expenses for the Medical Examiner's office for the time period of to Check # Payee Reason Amount (A) Total $X,XXX.00 (C) Total requested $X,XXX.00 (D) Total budgeted amount in current FY $X,XXX.00 Balance of budgeted amount remaining $X,XXX.00 I certify that the above checks have been paid to the vendors as noted, and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this office's contract with Monroe County and will not be submitted for reimbursement to any other funding source. Michael R. Steckbauer, M.D., Medical Examiner Attachments (supporting documentation) Sworn and subscribed before me this day of , 2017, by who is personally known tome. Notary Public Notary Stamp 14 Attachment C (Fees To Be Charged During FY 2017) (Resolutions to be inserted here) LU 2 0 E E C� (0 I q 15 Attachment D (Fixed Asset Listing dated 5-31-2017) 0 E E C� cis (0 I q 16