Item M8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Revised Agenda
Meeting Date: June 16, 2014 Division: _County Administrator
Bulk Item: Yes _ No _ Department: Medical Examiner
Staff Contact Person/Phone #: Roman Gastesi/4441
AGENDA ITEM WORDING: Approval of Agreement between Monroe County and Thomas
Beavers, M.D., to serve as Medical Examiner, for Monroe County, contingent upon Governor's
appointment of Dr. Beavers to the office of Medical Examiner.
ITEM BACKGROUND: This is a placeholder item. Due to the retirement of the current medical
examiner on June 20, 2014, the State Attorney, Catherine Vogel, began an interview process with
replacement candidates and appointed Dr. Beavers as Medical Examiner. This agreement is contingent
upon the Governor's appointment of Dr. Beavers to the office of Medical Examiner pursuant to the
requirements of Chapter 460 of the Florida Statutes. Dr. Beavers is presently traveling to Monroe
County from California. The attached agreement for medical examiner services to the 16`h District is
for a term of 3 years, beginning upon the retirement of the present medical examiner and ending May
31, 2017.
PREVIOUS RELEVANT BOCC ACTION:
August 20, 2008 BOCC approved the agreement with the present medical Examiner, Dr. E. Hunt
Scheuerman, contingent upon Governor's appointment; August 17, 2011 BOCC approved first
amendment to the agreement with Dr. Scheuerman extending his term through August 31, 2014; on
July 18, 2012 BOCC approved the second amendment to the agreement increasing compensation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
SOURCE OF FUNDS: 001 General Fund
REVENUE PRODUCING: Yes _ No 4 AMOUNT PER MONTH Year
APPROVED BY: County Atty L�� OMB/Purchasing Risk Management _
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
AGREEMENT
THIS AGREEMENT entered this 11 th day of June 2014,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA (hereinafter "County"), 1100 Simonton Street, Key West, Fl. 33040, and
Thomas Beavers, M.D, (hereinafter "Medical Examiner").
WHEREAS, Chapter 406, FS establishes Medical Examiner Districts; and
WHEREAS, the State Attorney for Monroe County did, pursuant to F.S.
§406.15, appoint Thomas Beavers, M.D. as Interim Medical Examiner, pending
appointment by the Governor, pursuant to F.S. §406.06, as the medical Examiner; now,
therefore,
IN CONSIDERATION of the mutual covenants below, the parties agree as
follows:
1. CONTRACT PERIOD. This agreement is for services for the period June
20, 2014, through May 31, 2017, contingent upon the Governor's appointment of Dr.
Beavers to the office of Medical Examiner. This agreement shall come into effect on the
date first stated above, and shall remain in effect for the stated period unless this
agreement is terminated earlier pursuant to, and in compliance with, paragraph 14 below.
In the event that Dr. Beavers is not appointed by the Governor to the position of Medical
Examiner, this agreement will remain in effect only until the appointment by the
Governor of another person to the office of Medical Examiner, notwithstanding any other
provision contained in this agreement.
2. SCOPE OF AGREEMENT. Medical Examiner shall provide the work plan,
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 the 16'h District, and shall
reside in Monroe County, Florida, in order to be available in person on a regular basis
during the term of this agreement or any subsequent agreement.
The staff of the office shall be directly responsible to the Medical Examiner, and shall
include positions including, but not limited to, associate medical examiner(s), secretary,
forensic investigator(s), diener, custodian, histotechnologist as is required to perform the
services.
The Medical Examiner, Dr. Beavers, warrants and agrees that he is a practicing physician
in pathology as required by Chapter 406, F.S. and holds the required licensure to accept
and complete the duties of the medical examiner in Monroe County.
3. AMOUNT OF AGREEMEENT/PAYMENT. County shall make payments in
accordance with the budget for County fiscal year ending September 30, 2014, which
budget is attached hereto as Exhibit A and incorporated herein by reference. A copy of
the proposed budget for fiscal year ending 2015 is attached hereto as Exhibit B and is
incorporated herein by reference. Subsequent years' payments shall be based on the
budgets adopted for the Medical Examiner's Office. County has the authority and
responsibility, under FS 406.06(3), to establish reasonable salary, fees and other costs as
are necessary for the operation of the Medical Examiner's office. Pursuant to F. S.
406.08, the medical examiner shall submit an annual budget to the board of county
commissioners. The Medical Examiner's budget is intended to cover the anticipated
normal activities/work load of the Medical Examiner based upon past statistics and
reasonable projections, and shall be disbursed through pro rata monthly payments.
A) For the remainder of the 2014 budget period, the County shall pay the
Medical Examiner on a monthly basis, when invoiced in arrears, the lump sum of
$56,101.25 per month, to cover the costs for all services of the office, including but not
limited to salaries, benefits, and operating supplies.
B) After approval of the budget appropriation for Fiscal Year 2015, and
upon receipt by the Clerk of monthly invoices for services rendered, County shall pay the
Medical Examiner, for the period beginning October 1, 2014 and ending September 30,
2015, the annual lump sum as adopted by the Board of County Commissioners. The 2015
anticipated budget for the medical examiner is of $631,370.00, in equal monthly
payments of $52,614.16 to cover the costs for all services of the office, including but not
limited to salaries, benefits, and operating supplies. Subsequent years' lump sums shall
be negotiated annually. The County's performance and obligation to pay under this
contract, is contingent upon an annual appropriation by the Board of County
Commissioners.
C) In the event of a disaster or occurrence unusual in nature or magnitude,
the Medical Examiner shall petition the Board of County Commissioners for
reimbursement of all extraordinary expenses and compensation due to the disaster.
D) The Medical Examiner shall develop a schedule of reasonable and
customary fees which shall be charged to third parties for specific services. Revenue
received from the collection of such fees shall be retained and accounted for by the
Medical Examiner and used for operating expenses, thus reducing the overall level of
County funding required for Medical Examiner activities in subsequent years, as
negotiated.
4. ACCOUNTING AND RECORDS. Records of Medical Examiner pertaining
to this Agreement shall be kept on generally recognized accounting principles, and shall
be available to the County or to an authorized representative of County, FDLE and the
Auditor General for audit. Both parties shall maintain such records as are necessary to
account for state funds disbursed by the Medical Examiners Commission. All records
related to this Agreement shall be kept for a minimum of five years subsequent to the
termination of this Agreement. Medical Examiner shall be responsible for repayment of
any and all audit exceptions identified by County or its agents or representatives.
Medical Examiner may obtain, at his own cost, the services of an independent certified
public accountant to review the records. In the event of an audit exception, the County's
obligation under this Agreement shall be reduced if the exception is ascertained prior to
the termination of this Agreement. In the event there are insufficient moneys due to
Medical Examiner at the time of identification and notice thereof to Medical Examiner to
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cover the amount of audit exception or the Agreement has terminated, Medical Examiner
shall reimburse County for the amount of the audit exception.
County shall provide the Medical Examiners Commission with the County
Annual Expenditure Report, identifying total funds expended or encumbered and
budgeted, for Medical Examiner services during the current County fiscal year (forms to
be provided by Commission); a copy of the budget adopted or proposed by County for
Medical Examiner for FYE September 30, 2015, and a copy of any Medical Examiner
Office financial audit report prepared for County.
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:
1. Maintenance and repairs to facility;
2. Utilities, to include normal waste refuse services, electric and water;
and
the Medical Examiner is responsible for:
1. Biohazardous waste collection and disposal services.
2. Janitorial services for the facility
B) Medical Examiner is responsible to County for the safekeeping and
proper use of the equipment entrusted to Medical Examiner's care. All equipment shall
be relinquished to County upon termination of this agreement.
6. MODIFICATIONS AND AMENDMENTS. Any and all modifications and
amendments of this agreement shall be approved by the County and Medical Examiner in
writing. No modification or amendment shall become effective until approved in writing
by both parties.
7. ASSIGNMENT. Medical Examiner shall not assign this, except in writing and
with the prior written approval of County, which approval shall be subject to such
conditions and provisions as County may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of
the provisions herein, unless expressly provided otherwise in an amendment authorizing
such assignment. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon either party in addition to the
covenants and promises contained herein.
8. INDEMINIFICATION, 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
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indirectly from any negligence or criminal conduct on the part of Medical Examiner, or
subcontractors, in the performance of the terms of this Agreement except to the extent
that, in the case of any act of negligence, Medical Examiner reasonably relied on material
supplied by, or any employee of the County. Medical Examiner shall immediately give
notice to County, by certified mail to the Mayor of County, of any suit, claim or action
against Medical Examiner that is related to the activity under this contract and will
cooperate with County in any investigation arising as a result of any suit, action or claim
related to this contract.
9. ANTI -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 shall comply with all
federal, state, and local laws, ordinances, regulations and rules applicable to the services
to be performed by each party under the terms of this Agreement. Medical Examiner
shall maintain such licensure as is required by law to carry out the services in this
Agreement.
13. INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, Medical Examiner is an independent contractor and not an employee, agent or
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servant of the County or of the Florida Department of Law Enforcement. No statement in
this Agreement shall be construed so as to find Medical Examiner or any of its
employees, contractors, servants, or agents to be employees of the County or State, and
they shall be entitled to none of the rights, privileges, or benefits of employees of County
or State. The Medical Examiner may subcontract for performance of services as deemed
necessary and shall be ultimately responsible legally, operationally, and financially for
any such subcontracts; any subcontracts shall be of similarly licensed individuals.
14. 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 sixty (60) days prior written notice.
B) In the event that the Governor appoints a successor to the Medical
Examiner named herein, this Agreement shall terminate on the day prior to the effective
date of such successor's appointment.
C) In the event that funds from County cannot be continued at a level
sufficient to allow for the purchase of services specified herein, this Agreement may be
terminated upon giving written notice of thirty (30) days to Medical Examiner delivered
in person or by mail to Medical Examiner.
D) The County shall not be obligated to pay for any services or goods
provided by Medical Examiner after the effective date of termination.
E) Any waiver of any breach of covenants herein contained shall not
be deemed or considered as a continuing waiver and shall not operate to bar or prevent a
party from declaring a forfeiture for any succeeding breach either of the same conditions
or covenants or otherwise.
F) Medical Examiner may terminate this Agreement without cause upon
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giving County written notice of termination at least sixty (60) days prior to the effective
termination date.
15. INSURANCE. The Medical Examiner shall maintain and comply with the
insurance requirements as specified below, which include Professional Liability
insurance in accordance with FS 406.16. The costs of the aforementioned insurance shall
be a cost within the Medical Examiner's Budget.
General Insurance Requirements
As a pre -requisite of the work governed by this contract (including the pre -staging
of personnel and material), the Medical Examiner shall obtain, at his/her own expense,
insurance as specified below. The County shall reimburse the Medical Examiner for the
reasonable cost of the specified Medical Professional Liability. The Medical Examiner
shall require all Subcontractors to obtain insurance consistent with the schedules below;
and provide proof of insurance in effect during term of subcontract to medical examiner
and county upon request from the county.
The Medical Examiner will not be permitted to commence work governed by this
contract (including pre -staging of personnel and material) until satisfactory evidence of
the required insurance has been furnished to the County as specified below. Delays in the
commencement of work, resulting from the failure of the Medical Examiner to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if
the work commenced on the specified date and time, except for the Medical Examiner's
failure to provide satisfactory evidence.
The Medical Examiner shall maintain the required insurance throughout the entire
term of this contract and any extensions. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated
or replaced. Delays in the completion of work resulting from the failure of the Medical
Examiner to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for the Medical Examiner's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance, or a Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless the insurer gives a minimum of
thirty (30) days prior notification to the County.
The acceptance and/or approval of the Medical Examiner's insurance shall not be
construed as relieving the Medical Examiner from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
General Liability.
Prior to the commencement of work governed by this contract, the Medical
Examiner shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include as a minimum: Premises Operations,
Products and Completed Operations, Blanket Contractual Liability, Personal Injury
Liability, Expanded Definition of Property Damage. The minimum limits acceptable
shall be shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County. The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
Vehicle Liability.
Recognizing that the work governed by this contract requires the use of vehicles,
the Medical Examiner, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Medical Professional Liability.
Recognizing that the work governed by this contract involves the providing of
professional medical treatment, the Medical Examiner shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
the rendering of, or failure to render medical professional services under this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$ 1,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of
four (4) years will be required.
Workers' Compensation.
Prior to the commencement of work governed by this contract, the Medical
Examiner shall obtain Workers' Compensation Insurance with limits sufficient to respond
to Florida Statute 440.
In addition, the Medical Examiner shall obtain Employers' Liability Insurance
with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Medical Examiner has been approved by the Florida's Department of Labor,
as an authorized self -insurer, the County shall recognize and honor the Medical
Examiner's status. The Medical Examiner may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Medical Examiner's Excess Insurance Program.
If the Medical Examiner participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the Medical Examiner may be required to submit
updated financial statements from the fund upon request from the County.
16. SEVERABILITY. If any provision of the Agreement shall be held by a court
of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
or the application of such provision other than those as to which it is invalid or
unenforceable, shall not be effected thereby; and each provision of the Agreement shall
be valid and enforceable to the fullest extent permitted by law.
17. NOTICE. Unless specifically provided otherwise in this Agreement, any notice
required or permitted under this Agreement shall be in writing and hand -delivered or
mailed, postage prepaid by certified mail, return receipt requested, to the other party as
follows: To County: County Administrator
1100 Simonton Street
Key West, Fl. 33040
To Medical Examiner: Thomas Beavers, M.D.
P.O. Box
, Fl._.
18. CONSENT TO JURISDICTION. This Agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida and both
parties agree that a proper venue for any action shall be Monroe County.
19. REPORTS. Medical Examiner shall develop a record -keeping system which
can be used to provide County with a monthly report, which shall be submitted on a
monthly basis and begin no later than a report for the month of June, 2014, and which
shall include, as a minimum the following:
A) Number of all investigations.
E-1
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 loth day of the following month to
the County Administrator.
20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of
the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between Medical Examiner and the
County.
21. FDLE. The Florida Department of Law Enforcement shall not be deemed to
assume any liability for the acts, omissions to act, or negligence of the County or the
Medical Examiner, their agents, servants and employees; nor shall County or Medical
Examiner exclude its own negligence to FDLE or any third party.
22. GENERAL REQUIREMENTS OF COUNTY CONTRACTS:
A) Non -Discrimination. County and Contractor agree that there will be no
discrimination in the provision of services against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
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B) Covenant of No Interest. County and Contractor covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
C) Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
D) Public Access. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119 and Chapter
406, Florida Statutes, as well as any other applicable statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have
the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor. It is understood that due to the nature of the services provided, there will be
records which are deemed confidential and exempt from the public records disclosure
requirement.
With respect to documents that are not deemed confidential or exempt the medical
examiner must comply with public records law, specifically to do the following:
(i) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(ii) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
(iii) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(iv) Meet all requirements for retaining public records and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public
agency.
E) Non -Waiver of Immunity. Notwithstanding he provisions of Sec.
768.28, Florida Statutes, the participation of the County and the Contractor in this
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Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
F) Non -Reliance by Non -Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
G) Execution in Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by singing any such counterpart.
H) Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
BOARD OF COUNTY COMMISSIONERS
(SEAL) OF MONROE COUNTY, FLORIDA
Attest: By
Amy Heavilin, CLERK Mayor/Chairman
By
Deputy Clerk
MEDICAL EXAMINER
Thomas Beavers, MD
Date
Witness Signature Date: Witness Signature Date:
Witness printed name
Witness printed name
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Organization Code Expenditure Detail Item Budget grouped by Fund, Department
Monroe Ca.mty Board of County Commissioners Fiscal Year 2014
i ,, 2
001 General Fund
,r
68000 Medical Examiner
+30340 (Other ( iputructu:;tl Sen ice
Add I 'onas 1 50,000 50.000 50 000 0 0
FY 14 Propa 1 573 215 573 215 573 215
0 0
3z10 (it6cr ('.antraciwI srni c 621215 623,215 623.215 0 0
=60644) ( apdul Outln)-equipment
9a�y 1 50.000 50.000 50.000 0 0
60000 Medical Exammer 673,216 673.216 673,216 0 0
650 Medical Exammer 673.215 673,216 673,216 0 0
001 General Fund 673,216 673,215 673,216 0 0
Report Grand Total 673,216 673,216 673,216 p p
GovMax v5
Organization Code Expenditure Detail Item Budget grouped by Fund, Department
Monroe :: ". It Board of County Commissioners Fiscal Year 2015
1001 General Fund
r
68000 Medical Examiner
�3034110iiher ( uwrsictuul service
FYI Proposed
1
623215
623.215
623,215
0 0
. 51 Risk Management ( harger
f Y - 5 P `gyp° 'd
1
8 155
8,' 55
8.155
0 u"
68000 Med,cal Examiner
631,370
631,370
631,370
0 0
680 Medical Examiner
631,370
631,370
631.370
0 0
001 General Fund
631,370
631,370
631,370
0 0
Report Grand Total
631,370
631,370
631,370
0 0
Go"MAX V5 1 : j14 11 112:- W - _7