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Item C05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17,2011 Division: County Administrator Bulk Item: Yes X No — Department: Medical Examiner AGENDA ITEM WORDING: Approval of Amendment to Agreement for Medical Examiner Services ITEM BACKGROUND: The Medical Examiners Commission, State of Florida, unanimously nominated E. Hunt Scheuerman, M.D., for recommendation to the Governor for reappointment as the Medical Examiner for District Sixteen (Monroe County). PREVIOUS RELEVANT BOCC ACTION: On August 20, 2008, the Monroe County Board of County Commissioners of Monroe County, Florida and E. Hunt Scheuerman, M.D., entered into an agreement for Medical Examiner for the period September 1, 2008, through August 31, 2011. CONTRACT/AGREEMENT CHANGES: This amendment to agreement is for services for the period September 1, 2008, through August 31, 2014, contingent upon the Governor's appointment of Dr. Scheuerman to the office of Medical Examiner. All other provisions of the August 31, 2008 agreement, not inconsistent herewith, shall remain in full force and effect. ST Approval TOTAL COSTJ$540,820.00 FY 2012 INDIRECT COST: n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY:-$540,820.00 FY 2012 SOURCE OF FUNDS: General Fund REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Atty Yes OMB/Purchasing Yes Risk Management Yes I DISPOSITION: NOW* Included X Not Required CONTRACT SUMMARY Contract with: E. Hunt Scheuen-nanMD Contract # Effective Date: September 1, 2008 Expiration Date: August 31, 2014 Contract Purpose/Description: Provide District Sixteen Medical Examiner services Contract Manager: - Reggie Paros— - 6060 Marathon Airport/Stop 15 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 8/17/2011 Agenda Deadline: 8/2/2011 CONTRACT COSTS FY 2012 Total Dollar Value of Contract: $ 540,820 Current Year Portion: $ 45,068.33 Budgeted? Yes® No F-1 Account Codes:-68000-530340- - Grant: $ ---- --- County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $--jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW 7a-,i � 7- off Risk Man nt Changes 7 Needed 4eviewer YesF -1 No YesR Nool Date Out O.M.B./P:�iasing -?,I-Z, 11 Y. esR No( County Attorney YesR No Comments: utvm r orm Kevisea 1-12 //u i muF 42 AMENDMENT TO AGREEMENT for MEDICAL EXAMINER SERVICES THIS AMENDMENT is made and entered into this day of -1 2011, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "County", and E. Hunt Scheuerman, M.D., hereinafter "Medical Examiner", in order to amend the term of the original AGREEMENT. WHEREAS, on August 20, 2008, the parties entered into an agreement (the original agreement) for Medical Examiner for the period September 1, 2008 through August 31, 2011, contingent upon the Governor's appointment of Dr. Scheuerman to the Office of Medical Examiner; and WHEREAS, the parties desire to extend the original contract period; now therefore, IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW, IT IS AGREED AS FOLLOWS: The term in Section I of the original Agreement is amended to read: 1. Contract Period: This agreement is for services for the period September 1, 2008, through August 31, 2014, contingent upon the Governor's appointment of Dr. Scheuerman to the office of Medical Examiner. All other provisions of the August 31, 2008 agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK as Mayor/Chairman Deputy Clerk MEDICAL MINER E. Hunt Scheuerman, M.D. From: wthh929gaol.com Sent: Friday, May 13, 20115:44 AM To: Paros-Reggie Subject: Fwd: 2011 Reappointments Attachments: 2011 _questionnaire.pdf FYI E. Hunt Scheuerman, MD ----Original Message ----- From: Culbertson, Doug < DougCulbertson@fdle. state. fi. us> To: Culbertson, Doug <DougCulbertson@fdle.state.fl.us> Sent: Wed, May 11, 2011 12:50 pm Subject: 2011 Reappointments Congratulations! At its meeting on May 10, 2011, the Medical Examiners Commission unanimously nominated you for recommendation to the Governor for reappointment as the Medical Examiner for your current district. I have attached a Questionnaire for Gubernatorial Appointments form. Please complete this form and return it to this office as soon as possible so that we may deliver this form to the Governor's Appointment Office by June 1, 2011, along with your recommendation for appointment. Thank you. If you have any questions about this process, please contact me at 850-410-8609 Sincerely, Doug Culbertson FDLE Medical Examiners Commission Staff (850) 410-8609 From: wthh929�aol.corn Sent: Wednesday, July 13, 2011 7:36 AM To: Paros-Reggie Subject: Re: 2011 Reappointments Reggie, I'll let you know when I know. The paperwork has all been submitted. It's my understanding that we are merely waiting on the Gov. signature. I'll check on the status with the MEC today. Hunt E. Hunt Scheuerman, MD District 16 Medical Examiner -----Original Message ----- From: Paros-Reggie <Paros-Reggie@monroecounty-fl.gov> To: 'wthh929@aol.com' <wthh929@aol.com> Cc: Thomson -Julie <Thomson-Julie@monroecounty-fl.gov> Sent: Tue, Jul 12, 2011 5:00 pm Subject: RE: 2011 Reappointments Hunt, Have you received any updates on the status of Governor Scott's reappointment of you as the District's Medical Examiner? Please let me know as soon as you do, Thanks, Re,qgie 11'aros, -'Xianager Fiorida Keys Marathon Airport Q400 Overseas Ffighwa,,,,, Suite 200 Marathon, FL 33050 Office: (305) 289-6002 or 289-o060 FA X (305) 743,0396 From: wthh9,2o, g zk I gj 119, Sent: Friday, May 13, 20115:44 AM To: Paros-Reggie Subject: Fwd: 2011 Reappointments E. Hunt Scheuerman, MD -----Original Message ----- From: Culbertson, Doug <QpqgQ,,g, To: Culbertson, Doug o<Q 9�qg�L�f u ate,fl,us> Sent: Wed, May 11, 2011' 12:50 pm Subject: 2011 Reappointments Congratulations! At its meeting on May 10, 2011, the Medical Examiners Commission unanimously nominated you for recommendation to the Governor for reappointment as the Medical Examiner for your current district. I have attached a Questionnaire for Gubernatorial Appointments form. Please complete this form and return it to this office as soon as possible so that we may deliver this form to the Governor's Appointment Office by June 1, 2011, along with your recommendation for appointment. Thank you. If you have any questions about this process, please contact me at 850-410-8609 Sincerely, Doug Culbertson FDLE Medical Examiners Commission Staff (850) 410-8609 AGREEMENT THIS AGREEMENT entered th1s20th day of August 1 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 11 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. 1 AMOUNT OF AGREEMENT/PAXMENT. County shall make payments in accordance with the budget for County fiscal year ending September 30, 2008, which budget is attached hereto as Exhibit A and incorporated herein by reference. Subsequent years' payments shall be based on the budgets adopted for the Medical Examiner's Office. County has the authority and responsibility, under FS 406.06(3), to establish reasonable salary, fees and other costs as are necessary for the operation of the Medical Examiner's office. The Medical Examiner's budget is intended to cover the anticipated normal activities/work load of the Medical Examiner based upon past statistics and reasonable projections, and shall be disbursed through pro rata monthly payments. Med Examiner K'08 A) For the first month of the contract period, the County shall pay the Medical Examiner on a weekly basis, when invoiced in arrears, the lump sum of $10,833.16 per week ($43,332.66 per month), to cover the costs for all services of the office, including but not limited to salaries, benefits, and operating Supplies. B) After approval of the budget appropriation for Fiscal Year 2009, and upon receipt by the Clerk of monthly invoices for services rendered, County shall pay the Medical Examiner, for the period beginning October 1, 2008 and ending September 30, 2009, the annual lump sum of $540,820, in equal monthly payments of $45,068.33 to cover the costs for all services of the office, including but not limited to salaries, benefits, and operating supplies. If requested, for the period of October 1, 2008 through December 31, 2008, payment can be made on a bi-weekly basis, when invoiced in arrears. Subsequent years' lump sums shall be negotiated annually. The County's perfon-nance and obligation to pay under this contract, is contingent upon an annual appropriation by the Board of County Commissioners. Q In the event of a disaster or occurrence unusual in nature or magnitude, the Medical Examiner shall petition the Board of County Commissioners for reimbursement of all extraordinary expenses and compensation due to the disaster. D) The Medical Examiner shall develop a schedule of reasonable and customary fees which shall be charged to third parties for specific services. Revenue received from the collection of such fees shall be retained and accounted for by the Medical Examiner and used for operating expenses, thus reducing the overall level of County funding required for Medical Examiner activities in subsequent years, as negotiated, 4. ACCOUNTING AND RECORDS. Records of Medical Examiner pertaining to this Agreement shall be kept on generally recognized accounting principles, and shall be available to the County or to an authorized representative of County, FDLE and the Auditor General for audit. Both parties shall maintain such records as are necessary to account for state funds disbursed by the Medical Examiners Commission. All records related to this Agreement shall be kept for a minimum of five years subsequent to the termination of this Agreement. Medical Examiner shall be responsible for repayment of any and all audit exceptions identified by County or its agents or representatives. Medical Examiner may obtain, at his own cost, the services of an independent certified public accountant to review the records. In the event of an audit exception, the County's obligation under this Agreement shall be reduced if the exception is ascertained prior to the termination of this Agreement. In the event there are insufficient moneys due to Medical Examiner at the time of identification and notice thereof to Medical Examiner to cover the amount of audit exception or the Agreement has terminated, Medical Examiner shall reimburse County for the amount of the audit exception. County shall provide the Medical Examiners Commission with the County Annual Expenditure Report, identifying total funds expended or encumbered and budgeted, for Medical Examiner services during the current County fiscal year (forms to be provided by Commission); a copy of the budget adopted by County for Medical Med Exam K Aug 2008 2 Examiner for FYE September 30, 2008, and a copy of any Medical Examiner Office financial audit report prepared for County, 5. OFFICE/EQUIPMENT/FACILITY A) County shall provide such equipment and supplies as are required for the day-to-day operation of the Medical Examiner's Office pursuant to County policy and guidelines and within the budget provided for the Medical Examiner Office, The equipment and existing supplies are at the County's Medical Examiner facility, located at 56639 Overseas Highway, Marathon, Florida. In regards to maintenance of the facility, the County is responsible for: 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 agreement, except in writing and with the prior written approval of County, which approval shall be subject to such conditions and provisions as County may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein, unless expressly provided otherwise in an amendment authorizing such assignment. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon either party in addition to the covenants and promises contained herein. 8. INDEMNIFICATION, Medical Examiner hereby agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses - including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation - and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively the "Claims") arising directly or indirectly from any negligence or criminal conduct on the part of Medical Examiner in the performance of the terms of this Agreement except to the extent that, in the case of any act of negligence, Medical Examiner reasonably relied on material supplied by, or any employee of, the County. Medical Examiner shall immediately give notice to Med Exam K Aug 2008 3 County, by certified mail to the Mayor of County, of any suit, claim or action against Medical Examiner that is related to the activity under this contract and will cooperate with County in any investigation arising as a result of any suit, action or claim related to this contract. 9. ANTI -DISCRIMINATION. Medical Examiner will not discriminate against any person on the basis of race, creed, color, religion, sex, age, national origin, physical handicap, or any other characteristic which is not job -related, in its recruiting, hiring, promoting, terminating or any other area affecting employment under this Agreement, Medical Examiner agrees to include this paragraph in all contracts it enters into with other persons or entities and to abide by all Federal and State laws regarding non- discrimination, including but not limited to, Titles VI and V11 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. It. 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 servant of the County or of the Florida Department of Law Enforcement. No statement in this Agreement shall be construed so as to find Medical Examiner or any of its Med Exam K Aug 2008 4 employees, contractors, servants, or agents to be employees of the County or State, and they shall be entitled to none of the rights, privileges, or benefits of employees of County or State. The Medical Examiner may subcontract for services as deemed necessary and shall be ultimately responsible legally, operationally, and financially for any such subcontracts, 14. TERMINATION FOR CAUSE OR LACK OF FUNDS AND NON - WAIVER. A) Should County deten-nine that this agreement should be terminated for cause, it shall notify the Medical Examiners Commission and the Governor as soon as is feasible after the occurrence(s) which is(are) the basis for such termination. Recognizing that the Governor and Medical Examiners Commission have the sole authority to suspend or remove the Medical Examiner pursuant to Sections 406.06 and 406.075, County may only terminate or reduce payment under this agreement for failure of the Medical Examiner to fulfill the terms of this Agreement, or attachments, properly or on time, or other violations of the provisions of the Agreement or of applicable laws or regulations governing the use of funds, upon giving written notice of sixty days, which notice shall specify cause. The notice of termination or reduction of payment may allow, if so specified within said notice, a time period during which the breach may be cured and the early termination for said breach become ineffective, The County shall pay Medical Examiner fair and equitable compensation for expenses incurred prior to termination of the Agreement, less any amount of damages caused by Medical Examiner's breach. If the damages are more than compensation payable, Medical Examiner will remain liable after termination and County can affirmatively collect damages. The Medical Examiner may terminate this agreement for failure of County to fulfill its duties and obligations upon giving County 60 days prior written notice. B) In the event that the Governor appoints a successor to the Medical Examiner named herein, this Agreement shall terminate on the day prior to the effective date of such successor's appointment. C) In the event that funds from County cannot be continued at a level sufficient to allow for the purchase of services specified herein, this Agreement may be terminated upon giving written notice of thirty days to Medical Examiner delivered in person or by mail to Medical Examiner. D) The County shall not be obligated to pay for any services or goods provided by Medical Examiner after the effective date of termination. E) Any waiver of any breach of covenants herein contained shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent a party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. F) Medical Examiner may terminate this Agreement without cause upon Med Exam K Aug 2008 5 giving County written notice of termination at least sixty (60) days prior to the effective termination date, 15. INSURANCE, The Medical Examiner shall maintain and comply with the insurance requirements as specified below, which include Professional Liability insurance in accordance with FS 406.16. The costs of the aforementioned insurance shall 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 will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Medical Examiner. As an alternative, the Medical Examiner may require all Subcontractors to obtain insurance consistent with the schedules below. The Medical Examiner will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been 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. Med Exam K Aug 2008 6 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. General Liability. Prior to the commencement of work governed by this contract, the Medical Examiner shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, Expanded Definition of Property Damage. The minimum limits acceptable shall be shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County, The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Vehicle Liability. Recognizing that the work governed by this contract requires the use of vehicles, the Medical Examiner, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Medical Professional Liability. Recognizing that the work governed by this contract involves the providing of professional medical treatment, the Medical Examiner shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, or failure to render medical professional services under this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$ 1,000,000 Aggregate Med Exam K Aug 2008 7 if coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Workers' Compensation. Prior to the commencement of work governed by this contract, the Medical Examiner shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Medical Examiner shall obtain Employers' Liability Insurance with limits of not less than: $ 100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $ 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida, If the Medical Examiner has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Medical Examiner's status. The Medical Examiner may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Medical Examiner's Excess Insurance Program. If the Medical Examiner participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Medical Examiner may be required to submit updated financial statements from the fund upon request from the County. 16. SEVERABILITY. If any provision of the Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application of such provision other than those as to which it is invalid or unenforceable, shall not be effected thereby; and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. IT 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 To Medical Examiner: Key West, Fl. 33040 E. Hunt Scheuerman, M.D. P.O. Box 523207 Marathon Shores, Fl. 33052. kited Exam K Aug 2008 18. CONSENT TO JURISDICTION. This Agreement, its perfon-nance, 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 September, 2008, and which shall include, as a minimum the following: A) Number of all investigations. B) Number of all autopsies perfori-ned. C) Number of authorizations for all cremations and burials at sea and anatomical dissections. The activity report shall be submitted by the I Oth 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 Med Exam K Aug 2008 9 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nond] scrirni nation 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; tO) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. B) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Q 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, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. It is understood that due to the nature of the services provided, there will be records which are deemed confidential and exempt from the public records disclosure requirement. E) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. F) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity Med Exam K Aug 2008 10 or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the Community in general or for the purposes contemplated in this Agreement, G) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 14) 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, `Atteiu By- "DANW1. KOL GE, CLERK Mayor/Chairman cm Cx3t Depuf� Clerk 01) 7- C71 MEDIC MINER itness l"'- &Jlc�- E. Hunt Scheuerman, MD - Witness MONROE COUNTY ATTOrIE 'AIP. ROVED M 6;;w�UZANRt A. TTON courDate Med Exam K Aug 2008 21 EXHIBIT A Org Cade Expenditure Detail Item Budget Monroe County Board of County Commissioners Fiscal Year 2008 Adopted Budget Service - ...,�. , ..�....�..,, .....r - FY 20 8 FY 2 09..,..FY 20..10 FY 2011 FY 2012 Expenditure Detail item Description Level Issue M Budget Budget Budget Budget Budget 68000 Medical EUMIner 530340 Other Contractual Service Cleaning 1 10,000 10,000 10,000 10,000 10,000 Contract for Medical Examiner Services 1 507,992 507.992 507,992 507.992 507,992 530340 Other Contractual Service 517,992 517,992 517,992 517,992 517,992 530440 Rentals And Lesm Rental leases for Medical Examiner facilities 1 32,328 32,328 32,328 32,328 32,328 530451 Risk Management Charges Annual Risk Management Billing 1 6,719 6,719 6,719 6,719 6,719 530460 Repair And Maintenance Repair and"Maintenance of County owned equipment 1 300 300 300 300 300 68000 Medical Examiner 557,339 557,339 557,339 $57,339 557,339 Report Grand Total 557,339 557,339 557,339 557,339 557,339 GovM&x 1 81412008 � }t)p�QAt. C1RC111T OF Ft�oRIflA 7ELs MARK E. KOHL Y73824 OYFRSEAs }�pWAY TAVBR1ViER. Ft-o1WA 33tYl0 305-Bst-7170 Swe Anan9Y July 30, 2008 Dr. E. Hunt Scbmerman, MD Associate Medical Examiner District 4 Medical Examiner Office 2100 Jefferson Street Jacksonville, Florida 32206 Dear Dr. Scheuernlan: On behalf of the citizen's of Monroe County' We hereby appoint You to servc as interim Medical Examiner of Monroe County. You will be assuming the Position of Interim Medical Examiner as of Septembert of as lntedin Medical I, 20!?8. A,ccordinPilY, my appointment y� Examiner will expire upon appointment of a permanent Medical Examiner. 'Thank you for accepting this appointment. sincemly, Mary E. Kohl State Attorney MEK:sr cc: Roman Gastesi, County Administrator Stephen J. Nelson, Chairman, Medical Examiners Commission Dr, Michael Hunter, District Fourteen Medical Examiner James "Reggie" Paros, Director Monroe Count Housing & Development CHARLIE GRIST GOVERNOR October 1, 2009 Dr. Eugene H. Scheuerman Post Office Box 523207 Marathon Shores, Florida 33052 Dear Dr. Scheuerman: Based upon your qualifications and interest in serving the people of Florida, I am pleased to appoint you as the District 16 Medical Examiner. You will soon receive your qualifying papers from the Department of State. These papers must be filed with the Secretary of the Department of State, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399- 0250, within thirty days of the date of their receipt. If you have any questions about the financial disclosure form, please contact the Commission on Ethics, Post Office Box 15709, Tallahassee, Florida 32317-5709, or telephone 850/488-7864. Other inquiries may be directed to the Appointments Office at 850/488-2183, Congratulations, and I wish you the best in your new endeavor. CC/ml Sincerely, 9a Charlie Crist TALLAHASSEE, FLORIDA 32399 T(5) 488-2272 - FAX (850) 922-4292 A go d � CERTIFICATE OF LIABILITY INSURANCE Keys Insurance soxvices, Inc. 01 NO 005 Peacock Pima r __ PO Box 323207 a "�Tf �a Al ► �} - - , I x"amFTV Lik m wI w x j. y a a .;. y , geft- gg 4 Ix x• r m,. -♦ irk m-a a a . . e.. a 10/21/2011 toR x e r try ry - 'P a -♦ v ra 3 n m x 11�00 8ia untYYton BoardStreef Comty Commissions Prey Nest, rL 33040 ACORD 2s t2w2m L DATE TMMiWW THE MMKMQ IMwMdt MO` M TO TEM! Ca%VvW Tg W4140 W ME NO OMLMMM vOkAA j�� , =EtfeoME TMMMXpMTMMI oWM VCM To of 14 OATS WMI MMM MD TO TIME LEFT. BUT FAM.EMIE TO OO go MIIALL ANY MW UpoM THE MOM ffM AGU M OM VW M fo"r%,*& A CERTIFICATE OF - ) LIABILITY INSURANCE DATE(MMlDOIYYYY) PRODUCER (305) 294-4494 FAX: (305) 743-0582 8/5/2010 ONLY AN IF CONFERSSNOERIGH S D AS A MUPONRTHHE OF INFORMATION CERTIFICATE TO Keys Insurance Services, Inc. RECEIVE D 805 Peacock Plaza HOLDER. HIS CERTIFICATE DOES NOT AMEND, EXTEND OR R TH COVERAGE AFFORDED BY THE P01 Ic1Fc not nur Key West FL 33040 -0 U IRS FORDING COVERAGE INSURED _--..--._ —_ NAIC # -T E Hunt Scheuerman,, DBA: Keys Forensic INsuRE A: a tury Surety Ins Group �� — --- — NSURE e Mi higan Commercial 1ns 10999 PO Box 523207 -- — _.--- MONROE COU INSURER C: RISK iv'ANAOEhd — --- Marathon Shores FL 33052 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MAY PERTAIN WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --POLICY AND CONDITIONS OF SU CH . NUMBER -- OLICY EFFECTIVE rPOUCY EXPIRATION DATFfM GENERAL LIABILITY LIMITS X COMMERCIAL GENERAL LIABILITY G EACH OCCURRENCE $ 2ENA TED 000 0-0AaAGElf i . MADE XOCCURCCP663230 !SES$ u� 100L00LAIMS 8/21/2010 8/21J2011 i - MX-Anroneaerson) -- - 5,44 PERSONAL & ADV INJURY $ -- -- eXC1 GEN`L AGGREGATE LIMIT APPLIES PER: j i GENERAL AGGREGATE —! $ �---- - r_-_—,�- 2 044 00 r X POLICY PRO..I- Lac PRODUCTS - COMP/OP AGG $ --- - - CXC1 --- AUTOMOBILE LIABILITY ANY AUTO I i COMBINED SINGLE LIMIT (Ea accident} $ ALL OWNED AUTOS ----- - - --- t.. SCHEDULED AUTOS - BODILY INJURY -- . --- - :HIRED AUTOS i i $ (Per person).-_.._.-------{----------_.-...-_ • NON -OWNED AUTOS !BODILY INJURY $ (Per accident) --. PROPERTY DAMAGE $ (Per accident) ' a RAGE LIABILITY � i ANY AUTO � I AUTO ONLY - EA ACCIDENT ( $ j-...--—...._.. I � � OTHER THAN EA ACC I $ ----- EXCESS t UMBRELLA LIABILITY AUTO ONLY: AGG $ I OCCUR CLAIMS MADE � EACH OCCURRENCE $ --- -- \/ DEDUCTIBLE AGGREGATE - -- - $ - - ! RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS, LIABILITY i $ " ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N 4 i OFFICER/MEMBER EXCLUDED? ©+ (Mandatory STATU- WC LIMITS -"" E_ �7L_E�CHACCIDENLT_ ------ In NH) '� If yes, kC100-0013881-2010A SPECALPReISIO 8/21/2010 I8/21/2011 � SPECIAL PROVISIONS below $ $ — EL. DISEASE-EAEMPLOYEE�$ OTHER --- -—.�- .._—__0 E.L. DISEASE - POLICY LIMIT $ 100 440 0 I 500,000 DESCRIPTION OF OPERATIONS i LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is also added aB an additional insured for General Liabilit only. Monroe County Board of County Commissions SHOULD ANY OF THE ABOVE DESCRIBED 1100 Simonton Street, Ste 268 DATE THEREOF, THE ISSUING INSURER Key West, FL 33040 NOTICE TO THE CERTIFAU ` IMPOSE NO OBLIGATIO {p rJ REPRESENTATIVES. 4 C. ' ���'�"-'✓"�`�'I•-"�^^�„. =AUTHO�RIZED REPRESE ACORD 26 (2009/01) INS026 (2omi) O 988-2009 ACOR The ACORD name and logo are registered marks of ACORD PIES BE CANCELLED BEFORE THE EXPIRATION ENDEAVOR TO MAIL 10 DAYS WRITTEN TO THE LEFT, BUT FAILURE TO DO SO SHALL Y KIND UPON THE INSURER, ITS AGENTS OR TION. All rights reserved, M