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Item C56 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18.2002 Division: Public Safety Bulk Item: Yes -L No - Department: Medical Examiner AGENDA ITEM WORDING: Approval of Amendment to the Agreement between Monroe County Board of County Commissioners and Michael D. Hunter, M.D., P.A., regarding the Medical Examiner, District Sixteen, Monroe County ITEM BACKGROUND: The Statewide Medical Examiners Commission has met and submitted their recommendation to the Governor for formal appointment of Dr. Michael D. Hunter as Medical Examiner, District Sixteen. To date, the formal appointment by the Governor has not been received. State Attorney Mark Kohl had previously appointed Dr. Hunter as Interim Medical Examiner, effective August 1,2002. The attached amendment adds the word "Interim" to his title until the Governor's appointment is made. The original agreement included language to provide for the start-up costs for the new Medical Examiner. As of September I, 2002, Dr. Hunter shall provide the service for a lump sum, paid in equal monthly payments, in arrears. PREVIOUS RELEVANT BOCC ACTION: On June 19,2002, Board granted approval and authorized execution of an agreement between Monroe County and Michael D. Hunter, M.D., P.A., Medical Examiner, District Sixteen, effective August 1,2002, contingent upon the Governor's appointment of Dr. Hunter to the office of Medical Examiner. CONTRACT/AGREEMENT CHANGES: 1) Changed to "Interim Medical Examiner" until Governor's appointment. 2) Section 3 has been amended to clarify method and amount of payment. 3) Section 4 amends reporting requirements. 4) Section 5 has been amended regarding equipment used by the Medical Examiner. STAFF RECOMMENDATION: Approval TOTAL COST $493.196.00 year BUDGETED: Yes -L No - COST TO COUNTY: $493.196.00 vear REVENUE PRODUCING: Yes No --X- AMOUNT PER MONTH - APPROVED BY: County Attorney YES Risk Managemen~ DIVISION DIRECTOR APPROVAL: "7 .~ '- James R. "Reggie" Paros DOCUMENTATION: Included:....x. To Follow: Not Required: DISPOSITION: Agenda Item #: c3tO AMENDMENT TO THE AGREEMENT for MEDICAL EXAMINER SERVICES THIS AMENDMENT is made and entered into this 18th day of September, 2002, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "County", and Michael D. Hunter, M.D., P.A., hereinafter "Medical Examiner" in order to amend the original AGREEMENT. WHEREAS, on June 19, 2002, the parties entered into an agreement (the original agreement) for the period August 1, 2001 through July 31, 2005, contingent upon the Governor's appointment of Dr. Hunter to the Office of Medical Examiner; and WHEREAS, formal appointment of a District Sixteen Medical Examiner has not been made to date; and WHEREAS, certain sections of the original agreement are no longer applicable, or required further clarification, and WHEREAS, the parties desire to amend the original agreement, now therefore, IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW, IT IS AGREED AS FOLLOWS: 1. The first paraaraph of the oriainal Aareement is amended to read: This Agreement is made and entered into this 19th day of June, 2002, between the Board of County Commissioners of Monroe County, Florida, (hereinafter "County"), 1100 Simonton Street, Key West, FI. 33040, and Michael D. Hunter, M.D., P.A., Interim Medical Examiner, District Sixteen, Monroe County, (hereinafter "Medical Examiner"). 2. Section 1 of the oriainal Aareement is amended to read: 1. Contract Period: This agreement is for services for the period August 1, 2002, through July 31,2005. Dr. Hunter shall be the Interim Medical Examiner, District Sixteen (Monroe County), pending the Governor's appointment of Dr. Hunter to the office of Medical Examiner, at which time Dr. Hunter shall be the 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. 3. Section 3 of the oriainal Aareement is amended to read: 3. AMOUNT OF AGREEMENT/PAYMENT. A) County has the authority under F.S. 406.06(3) to establish reasonable salaries, 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 and workload of the Medical Examiner based upon past statistics and reasonable projections. Capital expenditures, including the cost of equipment shall be handled through the County purchasing policies and procedures and shall be budgeted as a separate item from the budget for normal office costs, paid under this agreement. (8) County shall pay the Medical Examiner on August 1, 2002, or on the date Medical Examiner commences services, whichever is later, the sum of $20,000 to cover budgeted expenditures of the office. At the end of the first two weeks of this contract, Medical Examiner shall submit to the County's finance office an invoice for services rendered and documentation to support payment of said invoice. County shall pay Medical Examiner for the month of August, 2002, no more than the sum of all expenditures invoiced to the County for said period. County shall pay Medical Examiner for the period beginning September 1, 2002 and ending September 30, 2002, in arrears, the lump sum of $41,099.66. County shall pay the Medical Examiner for the period beginning October 1, 2002 and ending September 30, 2003 the annual lump sum of $493,195.92, in equal monthly payments of $41,099.66, in arrears. Subsequent years' lump sums shall be negotiated annually. The County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the Board of County Commissioners. C) In the event of a disaster or occurrence unusual in nature or magnitude, the Medical Examiner shall petition the Board of County Commissioners for reimbursement of all extraordinary expenses and compensation due to the disaster. D) The Medical Examiner shall develop a schedule of reasonable and customary fees which shall be charged to third parties for specific services. Revenue received from the collection of such fees shall be retained and accounted for by the Medical Examiner and used for operating expenses. The intent being to reduce the overall level of dependency on County funding required for Medical Examiner activities in subsequent years. 4. Section 4 of the oriainal Aareement is amended to read: 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 three 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 lllt::lt:: dlt:: 1I1:::iUI1ll,;1t::lllIlIUIIt::y::; Que (0 MeOlcal t:xamlner a[ me (Ime or loemlllGauon ana nmlce 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 Examiner for FYE September 30, 2002, and a copy of any Medical Examiner Office financial audit report prepared for County. 5. Section 5 of the oriqinal Agreement i$ amended to read: 5. FACILITIES A) The County has agreements with funeral homes to provide facilities for autopsies to be conducted until such time as separate County-owned facilities may be constructed and operational. 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. All other provisions of the June 19. 2002 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (SEAL) ATTEST: DANNY L. KOLHAGE. CLERK By: Deputy Clerk MEDICAL EXAMINER Michael D. Hunter, M.D., P.A. AGREEMENT THIS AGREEMENT entered this 19th day of June, 2002, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (hereinafter "County"), 1100 Simonton Street, Key West, Fl. 33040, and Michael D. Hunter, M.D., P.A., Medical Examiner, District Sixteen (Monroe County), (hereinafter "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 services for the period August I, 2002, through July 31,2005, contingent upon the Governor's appointment of Dr. Hunter to the office of Medical Examiner. This agreement shall come into effect on the date first stated above, for purposes of purchase requisitions under Paragraph 5, and shall remain in effect for the stated period unless this agreement is terminated earlier pursuant to, and in compliance with, paragraph 14 below. 2. SCOPE OF AGREEMENT. Medical Examiner shall provide the work plan and services as described in detail in Exhibit A, an attachment to this document, which Exhibit is incorporated herein by reference. 3. AMOUNT OF AGREEMENT/PAYMENT. A) 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 30,2002, which budget is attached hereto as Exhibit B and incorporated herein by reference, upon its approval by County. Subsequent years' payments shall be based on the budgets adopted therefor. 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 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. Reimbursement for use of cellular phones shall be made only for those phone calls which are documented as relating to Medical Examiner activities. B) Payments to Medical Examiner shall be in amounts equal to the payroll and other office expenditures within the approved budget for each monthly payment period. Payment shall be made on August 1, 2002, or on the date Medical Examiner commences services, whichever is later, in the amount of $20,000.00 to cover the budgeted expenditures of the office, other than equipment and supply purchases made through the County purchasing department, for the first two weeks of the contract. At the end of two weeks, and thereafter at the end of each month, Medical Examiner shall submit to the County's finance office, documentation to support payment for services for the following period. The documentation shall include an estimate of payroll costs, including salaries and fringe benefits, and other budgeted office costs to be paid by Medical Examiner during the following payment period. The submitted documentation shall include an accounting for the monies advanced previously. County shall make payments for the followings month's (or, during August, pay period's) payroll and office costs in advance of the Medical Examiner office employee pay dates provided the request for advance has been submitted with the necessary documentation to the County's finance department in a timely manner prior to said pay date. C) In the event of a disaster or occurrence unusual in nature or magnitude, the Medical Examiner shall petition the Board of County Commissioners for reimbursement of all extraordinary expenses and compensation due to the disaster. D) The Medical Examiner shall develop a schedule of reasonable and customary fees which shall be charged to third parties for specific services. Revenue received from the collection of such fees shall be retained and accounted for by the Medical Examiner and used for operating expenses, thus reducing the overall level of County funding required for Medical Examiner activities. 4. ACCOUNTING AND RECORDS. The Medical Examiner shall keep logs of cellular telephone calls, denoting which calls relate to Medical Examiner activities and which calls do not. 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 2 shall be kept for a minimum of three 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 Examiner for FYE September 30, 2002, and a copy of any Medical Examiner Office financial audit report prepared for County. 5. OFFICEIEQUIPMENT. 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. As of the date on which this agreement is entered, the equipment and existing supplies are at premises located at 11400 Overseas Highway, Suite 210, Marathon, Florida. All additional procurements for use by the Medical Examiner's Office shall comply with all statutes, ordinances, rules and regulations governing such procurement by the County. Between the last date of execution of this agreement by both parties and this agreement's commencement date for services to begin, Dr. Hunter may initiate purchase requests to acquire those items needed to perform services. All acquisitions under this agreement are the property of County. Further, County has agreements with funeral homes to provide facilities for autopsies to be conducted until such time as separate County-owned facilities may be constructed and operational. 3 B. Medical Examiner is responsible to County for the safekeeping and proper use of the property, equipment and supplies entrusted to Medical Examiner's care, and to process all documents necessary to continue, without interruption, any maintenance or service contracts relating to equipment for its service life. All equipment and unused supplies 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 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 4 with County in any investigation arising as a result of any suit, action or claim related to this contract. 9. ANTI-DISCRIMINATION. Medical Examiner will not discriminate against any person on the basis of race, creed, color, religion, sex, age, national origin, physical handicap, or any other characteristic which is not job-related, in its recruiting, hiring, promoting, terminating or any other area affecting employment under this Agreement. Medical Examiner agrees to include this paragraph in all contracts it enters into with other persons or entities and to abide by all Federal and State laws regarding non-discrimination, including but not limited to, Titles VI and VII of the Civil Rights Act of 1964 (42 USC 2000d), Executive Order 11246, Executive Order 11375 and U.S. Department of Labor Regulations (42 CFR Part 60). 10. ANTI-KICKBACK. Medical Examiner warrants that he has not employed, retained or otherwise had acted on his behalf any former county officer subject to the prohibition in Section 2 of Ordinance No. 10-1990 or any county officer or employee in violation of Section 3 of Ordinance No. 10-1990, and that no employee or officer of the County has any interest, financially or otherwise, in Medical Examiner except for such interests permissible by law and fully disclosed by affidavit attached hereto. For breach or violation of this paragraph, the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee. 11. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, any may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, FS, for CA TEGOR Y TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5 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 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 determine that this agreement should be terminated for cause, it shall notify the Medical Examiners Commission and the Governor as soon as is feasible after the occurrence(s) which is (are) the basis for such termination. Recognizing that the Governor and Medical Examiners Commission have the sole authority to suspend or remove the Medical Examiner pursuant to Sections 406.06 and 406.075, County may only terminate or reduce payment under this agreement for failure of the Medical Examiner to fulfill the terms of this Agreement, or attachments, properly or on time, or other violations of the provisions of the Agreement or of applicable laws or regulations governing the use of funds, upon giving written notice of sixty days, which notice shall specify cause. The notice of termination or reduction of payment may allow, if so specified within said notice, a time period during which the breach may be cured and the early termination for said breach become ineffective. The County shall pay Medical Examiner fair and equitable compensation for expenses incurred prior to termination of 6 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. 15. INSURANCE. The Medical Examiner shall maintain and comply with the insurance requirements as specified in the attached schedules and waiver of certain provisions contained in said schedules, 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. The aforementioned insurance schedules and waiver document are incorporated herein as Exhibit C. 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. 7 17. NOTICE. Unless specifically provided otherwise in this Agreement, any notice required or permitted under this Agreement shall be in writing and hand- delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: To County: County Administrator 1100 Simonton Street Key West, Fl. 33040 To Medical Examiner: Michael D. Hunter, M.D. 18. CONSENT TO JURISDICTION. This Agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida and both parties agree that a proper venue for any action shall be Monroe County. 19. REPORTS. Medical Examiner shall develop a record-keeping system which can be used to provide County with a monthly report, which shall be submitted on a monthly basis and begin no later than a report for the month of August, 2002, and which shall include, as a minimum the following: A. Number of all investigations. B. Number of all autopsies performed. C. Number of authorizations for all cremations and burials at sea and anatomical dissections. The activity report shall be submitted by the 10th 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 8 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. BOARD OF COUNTY CO:M:MISSIONERS (SEAL) OFMONROECOUNTY,nORIDA Attest: By DANNY L. KOLHAGE. CLERK MaYOf/Chainnan By Deputy Clerk MEDICAL EXAMINER ~~. Michae D. Hunter, M.D., P.A. 4~ ~ Witness 9