Item C62
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19-20. 2001
Bulk Item: Yes .-X.- No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement Addendum between Monroe County and Keys
Pathology Associates, P,A. for Interim District Sixteen Medical Examiner Services
ITEM BACKGROUND: The Search Committee has completed the interview process and selected Dr.
Craig Mallak to serve as the District Sixteen Medical Examiner. However, the beginning date of his
contract has not been determined.
The current agreement for District Sixteen Interim Medical Examiner Services with Zhiming Li, MD,
expires September 30,2001, This Agreement Addendum with Keys Pathology Associates, P,A. provides
for Dr. Li to continue to serve as Interim Medical Examiner until the Governor formally appoints Dr.
Mallak as District Sixteen Medical Examiner, and his contract with Monroe County is finalized.
PREVIOUS RELEVANT BOCC ACTION: On May 16,2001, the Board approved an agreement with
Zhiming Li, M,D, to serve as Interim Medical Examiner, through September 30,2001.
CONTRACT/AGREEMENT CHANGES: 1) Name of contractor has been changed to Keys Pathology
Associates, P ,A. 2) The term is extended through December 31, 2001, with an option to renew on a
month-by month basis 3) Contractual services amount is changed to reflect budget appropriation for FY
2002 pro-rata payments
STAFF RECOMMENDATION: Approval
TOTAL COST: $9.484.54 per week BUDGETED: YES X* NO
COST TO COUNTY: $9.484.54 per week
*nending adovtion of
FY 2002 budget
REVENUE PRODUCING: Yes
No ---X- AMOUNT PER MONTH
APPROVED BY: County Attorney YES
DIVISION DIRECTOR APPROVAL:
S Risk Management
DOCUMENTATION: Included:-.X
DISPOSITION:
James R. "Reggie" Paros
To Follow: ~ Not Required~/tL IJ
Agenda Item #: ~.,~
SEP-17-01 11.20 FROM.MONROE COUNTY ATTV OFFICE 10.3052923518
PAGE
1/2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Keys Pathology Associates, Effective Date: October 1. 2001
P.A.
Expiration Date: Dec. 31. 2001 with option to
renew on a month to month basis
Contract PmposelDescription: Interim District Sixteen Medical Examiner services
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety - Stop 14
(Department)
A enda Deadline: Se tember 5 2001
CONTRACT COSTS
Total Dollar Value of Contract: $9,484.S4/week Current Year Portion: $
Budgeted? Yes~ No D Account Codes: 68000-530340 -_-_
Grant: $ _-_-_-_
COWltyMatch: $ _-_-_-_-
- - - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-!yr For:
(Not included in dollar value above) (e~. mainrl'Tl"nt'e, ulilities, janitorial, salaries. etc. \
CONTRACT REVIEW
Division Director
Changes
~e, In Needed
~ t''lrtoolYesD No~
~[I~\c)\ YeSDNoB ',W~_R~~ 4!l3,rl1[
YesDNo0"~ tl~ 9j;.3/0/
Cff~/YesDNog/~
'ewer
Date Out
7/;1 Jvqt
Risk Management
O.M.B./Purchasing
County Attorney
9Jr't
Comments:
OMB FonnRevised 9/11/95 MCP #2
AGREEMENT ADDENDUM
for
INTERIM MEDICAL EXAMINER SERVICES
THIS AGREEMENT ADDENDUM is made and entered into this day
of ,2001, between the COUNTY OF MONROE and Zhiming Li,
M.D., d/b/a Keys Pathology Associates, P.A. in order to amend the agreement between
the parties dated May 16, 2001, as follows:
1. CONTRACTOR: The agreement for Interim District Sixteen Medical Examiner
Services will be between the County of Monroe and Keys Pathology Associates, P.A.
2. CONTRACT PERIOD: The initial term of this agreement shall be for the first
quarter of Fiscal Year 2002, a period commencing October 1, 2001 and ending December
31,2001. This agreement period may be extended on a month-to-month basis thereafter.
3. AMOUNT OF AGREEMENT/P A YMENT: The County agrees to make
payments in accordance with the budget for fiscal year ending September 30, 2002. The
payments will be disbursed through pro rata weekly payments, in the amount of
$9,484.54 per week.
4. In all other respects, the agreement between the parties dated May 16, 2001
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
Mayor/Chairman
(SEAL)
A TIEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
KEYS PATIIOLOGY ASSOCIATES, PA
Zhiming Li, M.D.
AGREEMENT
TIll~ AGREEMENT entered this 16th day of May, 2001, between the BOARD
OF COUNTY COM:MISSIONERS OF MONROE COUNTY, FLORIDA (hereinafter
"County"), 5100 College Road, Key West, Fl. 33040, and Zhiming Li, MO, Interim
Medical Examiner, District Sixteen (Monroe County), (hereinafter "Interim Medical
Examiner"), appointed by the Governor of the State of Florida,
WHEREAS, Chapter 406, FS establishes Medical Examiner Districts, now,
therefore,
IN CONSIDERATION of the mutual covenants below:
1. CONTRACT PERIOD. This agreement is for the period June L
2001, through September 30.2001. This agreement shall remain in effect for the stated
period unless one party gives to the other written notification of termination pursuant to,
and in compliance with, paragraph 13 below.
2. SCOPE OF AGREEMENT. Interim Medical Examiner shall provide
the work plan and services as described in detail in Exhibit A, an attaclunent to this
document, which Exhibit is incorporated herein by reference.
3. AMOUNT OF AGREEMENT/PAYMENT. County shall appropriate
funds for the Medical Examiner's Budget. County shall make payments in accordance
with the budget for County fiscal year ending September 30,2001, which budget is
attached hereto as Exhibit B and incorporated herein by reference, upon its approval by
County. County has the authority, under FS 406.06(3), to establish reasonable salary, fees
and other costs as are necessary for the operation of the Interim Medical Examiner's
office. The Medical Examiner's Budget is intended to cover the anticipated normal
activities/work load of the Interim Medical Examiner based upon past statistics and
reasonable projections, and shall be disbursed through pro rata weekly payments.
Reimbursement for use of cellular phones shall be made only for those phone calls which
are documented as relating to Interim Medical Examiner activities.
In the event of a disaster or occurrence unusual in nature or magnitude, the Interim
Medical Examiner shall petition the Board of County Commissioners for reimbursement of
all extraordinary expenses and compensation due to the disaster.
The Interim 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 Interim
Medical Examiner and used for operating expenses, thus reducing the overall level of
County funding required for Interim Medical Examiner activities.
4, ACCOUNTING AND RECORDS. The Interim Medical Examiner shall
keep logs of cellular telephone calls, denoting which calls to relate to Interim Medical
Examiner activities and which calls do not. Records of Interim 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 three years subsequent to
the termination of this Agreement. Interim Medical Examiner shall be responsible for
repayment of any and all audit exceptions identified by County or its agents or
representatives. 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 Interim Medical Examiner at
the time of identification and notice thereof to Interim Medical Examiner to cover the
amount of audit exception or the Agreement has terminated, Interim 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 Examiner for FYE
September 30,2001, and a copy of any Medical Examiner Office financial audit report
prepared for County.
2
;.\...
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications
and amendments of this agreement shall be approved by the County and Interim Medical
Examiner in writing. No modification or amendment shall become effective until
approved in writing by both parties,
6. ASSIGNMENT. Interim 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.
7. INDEMNIFICATION. Interim 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 Interim Medical
Examiner in the performance of the terms of this Agreement except to the extent that, in
the case of any act of negligence, Interim Medical Examiner reasonably relied on material
supplied by, or any employee of, the County. Interim Medical Examiner shall immediately
give notice to County, by certified mail to the Mayor of County, of any suit, claim or
action against Interim 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,
8. ANTI-DISCRIM:INA TION. Interim 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. Interim Medical Examiner agrees to include this paragrap~in all
3
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).
9. ANTI-KICKBACK. Interim 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 Interim 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.
10. 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, for CATEGORY TWO for a
period of36 months from the date of being placed on the convicted vendor list.
11. COMPLIANCE WITH LAW. Interim 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. Interim
Medical Examiner shall maintain such licensure as is required by law to carry out the
services in this Agreement,
12. INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, Interim Medical Examiner is an independent contractor and not ail employee,
4
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 Interim 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 Interim Medical Examiner may subcontract for services as
deemed necessary and shall be ultimately responsible legally, operationally, and financially
for any such subcontracts.
13. TERMINATION FOR CAUSE OR LACK OF FUNDS AND
NON-WAIVER.
A. If Interim Medical Examiner fails to fulfill the terms of this
Agreement, or attachments, properly or on time, or otherwise violates the provisions of
the Agreement or of applicable laws or regulations governing the use of funds, County
may terminate the Agreement by written notice of sixty days, which notice shall specify
cause, All finished or unfinished supplies or services compensated under this Agreement
shall, at the option of County or pursuant to state statute become property of County.
The County shall pay Interim Medical Examiner fair and equitable compensation for
expenses incurred prior to termination of the Agreement, less any amount of damages
caused by Interim Medical Examiner's breach. If the damages are more than
compensation payable, Interim Medical Examiner will remain liable after termination and
County can affirmatively collect damages.
B. In the event that the Governor appoints a successor to the Interim
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 Interim Medical Examiner
delivered in person or by mail to Interim Medical Examiner.
D. The County shall not be obligated to pay for any services or goods
provided by Interim Medical Examiner after the effective date of termination.
E. Any waiver of any breach of covenants herein contained to be kept
-',
and performed by Interim Medic3I' Examiner shalt not be deemed or considered as a
5
continuing waiver and shall not operate to bar or prevent County from declaring a
forfeiture for any succeeding breach either of the same conditions or covenants or
otherwise.
14. INSURANCE. The Interim Medical Examiner shall maintain and comply
with the insurance requirements as specified in the attached schedules, which are inclusive
of 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,
15, 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.
.
16. 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
5100 College Road, Stock Island
Key West, Fl. 33040
To Interim Medical Examiner: Zhiming Li, M.D.
Fishermen's Hospital
3301 Overseas Highway
Marathon, Fl. 33050
17. 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,
18. REPORTS. Interim 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 1,
2001, and which shall include, as a minimum the following:
A. Number of all investigations.
B. Number of all autopsies performed.
6
C. Number of authorizations for all cremations and burials at
sea and anatomical dissections.
The activity report shall be submitted by the 10th day of the following month to
the County Administrator.
19. 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
Interim Medical Examiner and the County.
20. 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 Interim Medical Examiner, their agents, servants and employees; nor shall County
or Interim Medical Examiner exclude its own negligence to FDLE or any third party,
tf:~.9~ WITNESS WHEREOF, the parties hereto have executed this Agreement as of
o ~~ b .
~ \~ a ove wntten,
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,..
~~~ OF COUNTY COMMISSIONERS
~ROE COUNTY, FLORIDA
~L ~(f-d
-
INTERIM MEDICAL EXAMINER
2l~~
Zhiming Li, M.D.
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7
EXHIBIT A
SERVICES TO BE PROVIDED BY INTERIM MEDICAL EXAMINER
This Exhibit, incorporated into the Agreement between County and Interim
Medical Examiner, on the 16th day of May , 2001, sets forth the services to be provided
by Interim Medical Examiner pursuant to paragraph 2 thereof:
The Interim District Medical Examiner agrees to fulfill his duties as set forth in
Chapter 406, FS and rules promulgated by the Medical Examiners Commission as follows:
A OFFICE
1. The Office of the Interim Medical Examiner shall be established and maintained
in such a manner that it provides for the necessary facilities and personnel to
accomplish its duties and responsibilities.
2. The Office shall be an independent agency.
B. APPOINTMENT
1. The Interim Medical Examiner shall be appointed by the Governor of the State
of Florida.
2. The Interim Medical Examiner shall name and appoint qualified professional,
technical, clerical and other staff of the Office. The staff shall be directly
responsible to the Interim Medical Examiner, and shall include associate
medical examiners, secretary, forensic investigator(s), diener, custodian,
histotechnologist, et cetera.
C. INVESTIGATION OF DEATH The Interim Medical Examiner or his
appointed associate medical examiners shall have the authority and responsibility:
a.
b.
c,
d.
e.
f
g.
h.
1.
J.
k.
..- 1.
-.
m.
1. To investigate and certify any death that falls in the following categories:
Criminal violence suspected
Suicide
Accidental (motor vehicle, boating, aircraft, diving, snorkeling,
swimming, electrocution, et cetera)
Suddenly when in apparent good health
Unattended by a practicing physician (over 30 days)
Suspicious or unusual circumstances
Gunshot
Sudden infant death syndrome (SillS)
Suspected poisoning
Drowning
Abortion
In prison or police custody
In' state institution
8
n. Diseases constituting a threat to public health
o. Disease, injury, or toxic agent resulting from employment
p. Unexpected death associated with diagnostic or therapeutic
procedure
q. When body is to be cremated, dissected or buried at sea
r. Unclaimed bodies
s. When a dead body is brought into a new medicolegal
jurisdiction without proper medical certification
2. To take charge of the dead body upon direct notification of such death. He or
his duly authorized associate medical examiner or forensic investigator shall
respond to the scene upon request by proper authorities whenever possible and
appropriate. The dead body shall not be disturbed unless permission is granted
by the Interim Medical Examiner or his designee.
3. To conduct an investigation of circumstances surrounding the death in
conjunction with proper authorities.
4. To conduct all necessary examinations of the dead body which could include
performance of any autopsy and retention of whatever tissues and biological
specimens that he deems are necessary.
5 . To take possession of any object or article which, in his opinion, may be useful
in establishing the identify of the deceased and/or the cause and manner of
death.
6. To reduce his investigation and findings in writing and shall keep such records
in his Office.
7. To administer oath and have the power of subpoena.
D. SPECIFIC TASKS In order to effect above general requirements, the specific
duties itemized below describe in greater detail how duties are accomp.Iished and the
responses to be made. .
1. Answering telephone
a. Mode - telephone, digital pager, cellular telephone, radio
b. Source of calls - Police, Sheriff, Navy, FBI, Highway Patro~
National Forestry or Park Service, Coast Guard, NTSB, FAA,
funeral homes, family or acquaintances of deceased, attorneys,
insurance companies, private investigators, newspaper reporters,
TV or radio reporters, physicians, nurses, et cetera.
9
c. Nature of calls
1. Request for oral information - toxicology results, cause of
death, mechanism of death, et cetera
2. Request for written information or reports - autopsies,
statistical reports, death certificates, et cetera
3. Questions about previous cases
4. Requests for immediate scene investigations
5. Notification of deaths
6. Cremation, dissection, or burial at sea approvals
7. Scheduling depositions
8. Electronic depositions
9. Request for testimony as expert witness in court
10. Other questions or considerations
2. Interim District Medical Examiner shall initiate such phone calls as are
necessary to cany out his duties, including but not limited to the following:
a. To whom:
1. Law enforcement agencies
2. Funeral homes
3. Witnesses, family, friends
4. Personal physicians or dentists
5. Attorneys
6. Others
b. Nature of calls
1. Case investigations
2. Scheduling exams or autopsies
3. Answering digital pager
4. Returning phone messages
5. Calling secretary for information
6. Changing appointment times
7. Calling for toxicology results past due
3. Subpoenas
a. Received at Office
b. If conflicts in scheduling, would necessitate phone calls to
reschedule
4.
Automobile travel
a. Scene investigations - up to 60 miles distant, one way,
immediate response always requested, day or night, seven
days a week - performed by Interim Medical Examiner, associate
medical examiner, or forensic investigator appointed by Interim
Medical Examiner.
b. Autopsies usually scheduled within 24 hours, may be 50
miles away whe~e performed
-'-.
10
c. Florida Association of Medical Examiners (FAME)
Conferences - usually a~ least once annually, in Florida, 50-
300 miles one way
d. Depositions
e. Court trial witnessing, usually 40-50 miles each way
f. Grand Jury, usually 50 miles each way, usually less than one
week's notice
5.
Autopsies/Examinations
a. Time 2-4 hours, not counting travel, for autopsy, 1/2 to 1
hour for post mortem examination
b. X-rays, sometimes taken by Interim Medical Examiner
c. Photographs
d. Collection of toxicology specimens, and/or esoteric tests
(DNA probes)
e. Gathering of some trace evidence - fluids, hair, particles,
clothing, jewelry, et cetera
f. Preparation of bones and teeth for anthropological studies
g. Microscopic examination after preparation by
histotechnologist
h. Collection of insects at scene to better estimate post mortem
interval
6.
Generation of reports
a. Handwritten
1. Labeling tubes, photographs and x-rays
2. Notes during autopsy
3. Notes during telephone conversations
4. Correspondence
5. Preparing rough drafts on statistical reports, correspondence,
contracts, et cetera
6. Keeping case log
7. Keeping cremation log
8. Completing death certificates
9. Budgets
10. Cellular telephone logs
11. Other reports requested
Dictated .
1. Autopsies, some postmortem exams
2. Some correspondence
3. Some statistical reports
4. Rules and regulations
5. Review laboratory examinations and prepare reports
6. Contracts
7. Other reports
p
b.
11
EXHIBIT B
MONROE COUNTY Date: 1012512000
BOARD OF COUNTY COMMISSIONERS OlflC'Al a/ Manegment_ Budg..
APPROPRIATION DETAIL
BY OFFICIAUDIVISION, DEPARTMENT, COST CENTER
..-.,-.
Ofc:I/Div: MEDICAL EXAMINER
Department: Medlc:al Examiner
Cost Center/Fund 68000 /001 MEDICAL EXAMINER
Adopted 01 INC/(DEC) % Change Adopted 00
Ac:tual 99 AdOPted 99
Operating Expenditures
530340 OTHER CONTRACTUAL SERVICE 291.170 0 0.0% 291,170 285,460 285,460
530440 RENTALS AND LEASES 15,597 5,380 52,7% 10,217 7.800 9,000
530451 RISK MANAGEMENT CHARGES 3.124 0 0.0% 3,124 3,004 3.004
Sub-total Operating Expenditures 309,891 5,380 1.8% 304,511 296,264 297,464
Cost Center Total MEDICAL EXAMINER 309,891 5,380 1.8% 304,511 296,264 297,464
Page 337
'.
1996 Edition
Agreement.'Between
The Board of County Commissioners of Monroe County, Florida
and
Zhiming Li, MD
General Insurance Requirements
As a pre-requisite of the work governed by this contract (including the pre-staging of personnel
and material), the Interim Medical Examiner shall obtain, at hislh~r own expense, insurance as
- specified in any attached schedules, which are made part of this contract. 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 attached schedules.
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 frqm 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 specified in the attached schedules. Failure to comply with this
provision may result in the inunediate 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 insu'rance 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 ofthirty (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.
Administration Instruction
#4709.3
14
, .
1996 Edition
The Monroe County Board of County Comrnission'ers, 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.
Administration Instruction
#4709.3
~
15
1996 Edition
Agreement 'Between
The Board of County Commissioners of Monroe County, Florida
and
Zhiming Li, MD
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 lim!ts 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
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.additioIl, 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.
GLl
Administration Instruction
#4709.3
53
,.
1996 Edition
Agreement Between
The Board of County Commissioners of Monroe County, Florida
and Zhiming Li, MD
VEmCLE LIABll..ITY
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 sl1.all 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.
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Administration Instruction
#4709.3
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1996 Edition
Agreement :Between
The Board of County Commissioners of Monroe County, Florida
and
Zhiming Li, MD
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:
$500,000 per Occurrence!$l,OOO,OOO Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period offour (4)
years will be required.
;
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Administration Instruction
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1996 Edition
Agreement Between
The Board of County Commissioners of Monroe County, Florida
and
Zhiming Li, MD
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 and the company or companies must maintain a rating of A-VI, as assigned by the
A.M Best Company.
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.
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Administration Instruction
#4709.3
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1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contract
Contractor: Zhirning Li. MD
Contract for: Interim Medical Examiner
Address of Contractor: Fishermen's Hospital
3301 Overseas Hi~hway. Marathon. Fl. 33050
Phone:
(305) 743-5533
Scope of Work:
Medical Examiner Services
Reason for Waiver:
Less than 3 emplovees
Policies Waiver
will apply to:
WORKER'S COMPENSATION
Signature of Contractor:
a"'~\:t .:
Approved ~
C-"- I l~CLLr
S-lt~O\
Risk Management
Not Approved
~~
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Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Administration Instruction
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102