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Item U04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _November 20, 2013 Division: County Administrator Bulk Item: Yes X No Department: Coun!y Administrator Staff Contact /Phone #: Roman Gastesi /292 -4441 AGENDA ITEM WORDING: Approval of Third Amendment to Agreement for Medical Examiner Services ITEM BACKGROUND: At the final budget hearing on September 12, 2013 the Board approve an increase in the Medical Examiners budget due to continuing rising cost. PREVIOUS RELEVANT BOCC ACTION: 8/20/2008 _, BOCC entered into a contract with Medical Examiner 8/17/2011 — contract was extended by amendment expiring 8`31/2014 7/18/2012 — BOCC approved second amendment to contract amount to increase to $573,194.88 CONTRACT /AGREEMENT CHANGES: Commencing October 1, 2013, the compensation shall be increased to $623,215 which is $51,934.58 per month STAFF RECOMMENDATIONS: Approval TOTAL COST: $623,215 Annually INDIRECT COST: n/a BUDGETED: Yes X No DIFFE. 11TIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: $623,215 annually SOURCE OF FUNDS: ME Operations General Fund REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH____ Year APPROVED BY: County At r6 oI FB/PurchasingRisk Management DOCUMENTATION: Included Not Required 1 f]&�i11"fi10 I_TrI D1►i Revised 7109 707NUFF.-MV MU'VIDIM, Contract Manager: County 4441 CAD/Stop #1 Administrator (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/20/2013 Agenda Deadline: 11/5/2013 7116 4 ,11F . T."04da County Attorney 1016 YesEj Date Out I -A-ZLL lob IJzVI UMT111= 3 T ri =I Changes Da; Division Director I/ Neede YesEEJ N Risk Management Yes[EF:J] No[](, O.M.B./Purchasing Yes[:] No County Attorney 1016 YesEj Date Out I -A-ZLL lob IJzVI UMT111= 3 T ri =I THIS AMENDMENT to agreement is made and entered in this 201h day of November, 2013, between the Board if County Commissioners of Monroe County, Florida ("Coun!y"), and E. Hunt Scheuerman, M.D. (Medical LWXi. ffli* 11 111 IIIIIIIIIIIIqKIIIIIIIII ��111111111111111111111 . 1 C V111 111*t .9. R !1 4 , I . - 11 I'll, I'll I 1 1111111 =,ungent Tpon o7emor's appointmenFor.0; the Office of Medical Examiner; and All . I I 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 2greement 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 won6l." 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. 0 1 11 1 Ill IN III lill 11 !111 11�1111 I Ill III III 1111 111 1 111 (SEAL) ATTEST: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Mayor/Chairman ZT11:111I B y: E. Hunt Scheuerman, M.D. 1 , THIS AMENDMENT to agreement is made and entered into this 18th 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 3.13) 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 above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MEDICAL—EXWINER E. Hunt Scheuerman, M.D, AMENDKENT TO AGREEMENT for MEDICAL EXAMINER SERVICES IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW. IT IS AGREEI AS FOLLOWS: The term in Section I of the original Agreement is amended to read: 1. CQ—ntmt PcdQd; This agreement is for services for the period September 1. 2008, through August 31, 2014, contingent upon the Governor's appointment or Dt Scheuennan to the office of Medical Examiner. All other provisions of the August 31, 2008 agreement, not inconsistent herewith, shwl remain in full force and effect. IN VM74ESS WHEREOF, the Parties have hereunto set their hands and scal, the day and year first written above. I xx I 1 4 F 1 A # I IVA AGREEMENT THIS AGREEMENT entered this day of Au ust . 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: I . CONTRACT PERIOD. This agreement is for services 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. 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 I 1 G, 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 AGREEENT/PAYENT 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. Mod Examiner K '08 A) For the first month of the contract period, the County shall pay tile Medical Examiner on a weekly basis, when invoiced in art 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 supplics. kled Exam K Aug 2008 Examiner for FYE September 30, 2008, and a copy of any Medical Examiner Office financial audit report prepared for County. OFFICE/E 2UIPMENT/FACILITY B) Medical Examiner is responsible to County for the safekeeping and proper use • the equipment entrusted to Medical Examiner's care. All equipment shall be relinquished to County upon termination of this agreement. MENNOTIT11 I � LO�WOMWI ORRO I ajoi elk I logo of - 0 6KRUn1 nItIlts RT agreement shall be approved by the County and Medical Examiner in writing. No modcation or amendment shall become effective until approved in writing by both parties. Med Exam K Aug 2008 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, 7 -101 - F TC - Iffucadie to tne servicCs 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. INDEPENDgNT CONTRA R. 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 FloTida Department of Law Enforcement. No statement in this Agreement shall be construed so as to firid Medical Examiner or any of its Med Exam K Aug 2008 employees, contractors, servant. or agents to be C 111 PIOYees 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. 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 - fate 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 Examincr after the cffective date of termination. E) Any waiver of any breach of covenants herein contained shall not be deemed or considered as a continuin party from declaring a forfeiture for any succeeding breach either of the same conditions o or otherwise. F) Medical Examiner may terminate this Agreement without cause upC1 hied Exam K Aug 2008 giving County written notice of tenminatiol, at least sixty (60) days prior to the cffccti% termination date. ISEEMM =-, 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. amISM3292m] 11121011IRM Ty LR15 XyMinent or the application of such provon 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. 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. 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 ageement 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 u assume any liability for the acts, omissions to act, or negligence of the County or thi Medical Examiner, their agents, servants and employees; nor shall County or Medical Examiner exclude its own negligence to FDLE or any third party. I I Med Exam K Aug 2008 B) Covenant of No interest. County and Contractor covenant thal neither presently has any interest, and shall not acquire any interest, which would conflicl in any manner or degree with its 9 erformance under this A Meemeit QZ-'Exam K Aug 2008 10 no to, or superior to the COITIMUnity in general or for the purposes contemplated in this Agreement, 0) 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 AjXcement as a matter of convenience of reference oni and it is, ed ail jjQ!,jj,jf-T -I , V- LZIC-t In LUC 11ILCIPMduun ot any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 4c first above written- OF MONROE COUNTY, Mayor/Chairman 0 Cn MEDIC MINER C=1 E. Hunt Scheuerman, M - 7- Med Exam K Aug 2008 EXHIBIT A ®rg Code Expenditure Detail Item Budget Monroe County Board of County Commissioners Fiscal Year 2008 Adopted 8udoet Service FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Expendlture Detail Item Description Level Issue p Budget Budget Budget Budget Budget Medical x in r 530340 Other Contractual Service Cleaning 1 10,000 10,000 10 10,000 10,000 Contract for Medical Examiner Services 1 507,992 507,992 507,092 507,992 507,992 53 03 40 Other Cantracrul Sery ce 517,992 517,992 517,992 517,992 517,992 530440 Rentals And Leases Rental leases for M&dleal Examiner taci0lles 1 32,328 32,328 32,328 32,328 32,328 530451 Risk Management Charges Annual Risk Management 8111iing 1 8,719 8 6,719 6,719 6,719 538460 Repair And Maintenance Repair andMaintenance or County awned equipment 1 300 300 300 300 300 68000 Medical Examiner 351,339 557,33 557.339 557,339 557,339 r Repast brand total 557,339 557,339 657,339 557,339 557,339 GovMax 1 61412008 r� July 30, 2ODS Dr. E. Hunt Scheueman, MD Associate Medical Examiner Dis>zid 4 Medical Examiner Office 2100 Jefferson Street Jacksonville, Florida 32206 Dear Dr. Scheuerman: TELEPHOKE 305.952 -7170 On behalf of the citireds 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. MEK:sr E Siw=eIy, 4 Marls E. Kohl State AttoMy cc: Roman Gastesi, County Admi strata Examiners Cornmissian Stephen J. Nelwn, Chairmen, Me dical Dr. Michael Hunter, District Fourteen Medical Examiner James "Reggie" Ptuos, Director Monroe Count Housing & DcvcloPnent