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06/19/2002 Agreementclelidme MMURCOUrt Danny L. a Circe Phone: (305) 292-360 5-3663 Clerk of the Circuit Court FAX: (305) 29s-8663 e-maih phancock@monroe-clerk.com TO: Reggie Paros, Director Public Safety Division ATTN: Stacy DeVane Executive Assistant FROM: Pamela G. Han c Deputy Clerk DATE: September 26, 2002 At the June 19, 2002, Board of County Commissioner's meeting the the 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. At the September 18, 2002, the Board granted approval and authorized execution of an Amendment to Agreement for Medical Examiner Services between Monroe County and Michael D. Hunter, M.D., P.A., District Sixteen. Enclosed is a duplicate original of each of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance File CC�4yNTMONROE WEST FLORIDA 33040 (305)294-4641 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax MEMORANDUM TO: Pamela G. Hancock Deputy Clerk FROM: Suzanne A. Hutton Assistant County Attorney DATE: September 26, 2002 SUBJECT: Medical Examiner's Contract BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 Please be advised that an amendment was placed before the County Commission to reflect that the Medical Examiner is, and has been since August I", the Interim Medical Examiner pending Governor Bush's appointment of Dr. Hunter as the Medical Examiner. The amendment is to revise the language of the agreement originally placed before the County Commission and executed by Dr. Hunter which made it effective on August 1st, contingent upon the appointment by the Governor. It is my understanding that the appointment is pending. Further, Dr. Hunter has been providing the services as the Medical Examiner and should be compensated for such services as of August I" when he commenced providing such services. Accordingly, it is my opinion that both the original agreement and the amendment should be executed. Please feel free to call if you have any questions. SAH/ss AGREEMENT THIS AGREEMENT entered this 19thday 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 1, 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. OFFICE/EQUIPMENT. 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 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. 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 G 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. PO Box 522380 Marathon FL 33050 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 1 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 Rl 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. WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first Above written. BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA Attest: B DANNY L, AGE, CLERK Mayor/Chairman Depufy Clerk MEDICAL EXAMINER Michael D. Hunter, M.D., P.A. Witness APPROV=AS TO FORM AN A-[ SUFFICI BY 6r7'�NNE HU ON IT� - E EXHIBIT A SERVICES TO BE PROVIDED BY MEDICAL EXAMINER This Exhibit, incorporated into the Agreement between County and Medical Examiner, on the 19thday of June , 2002, sets forth the services to be provided by Medical Examiner pursuant to paragraph 2 thereof: The 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 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 Medical Examiner shall be appointed by the Governor of the State of Florida. 2. The Medical Examiner shall name and appoint qualified professional, technical, clerical and other staff of the Office. The staff shall be directly responsible to the Medical Examiner, and shall include associate medical examiners, secretary, forensic investigator(s), diener, custodian, histotechnologist, et cetera. C. INVESTIGATION OF DEATH The Medical Examiner or his appointed associate medical examiners shall have the authority and responsibility: To investigate and certify any death that falls in the following categories: a. Criminal violence suspected b. Suicide C. Accidental (motor vehicle, boating, aircraft, diving, snorkeling, swimming, electrocution, etcetera) d. Suddenly when in apparent good health e. Unattended by a practicing physician (over 30 days) f. Suspicious or unusual circumstances g. Gunshot h. Sudden infant death syndrome (SIDS) i. Suspected poisoning j . Drowning k. Abortion 10 1. In prison or police custody In. In state institution 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 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 objector article which, in his opinion, maybe 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 accomplished 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 Patrol, 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. 11 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. District Medical Examiner shall initiate such phone calls as are necessary to carry 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 Medical Examiner, associate 12 medical examiner, or forensic investigator appointed by Medical Examiner. b. Autopsies usually scheduled within 24 hours, may be 50 miles away where performed C. Florida Association of Medical Examiners (FAME) Conferences - usually at 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 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 b. Dictated 1. Autopsies, some postmortem exams 2. Some correspondence 3. Some statistical reports 4. Rules and regulations 13 5. Review laboratory examinations and prepare reports 6. Contracts 7. Other reports C. Typing - usually by computer with word processor, e.g., county burial letters, appointment letters, new call schedules, et cetera 7. Depositions a. Some electronically (by telephone) b. Some in attorney's office, clerical or electronic C. Frequently travel 50 miles each way d. Grand Jury 8. Witness in Court a. Location - usually 50 miles each way b. Duration - 4 hours up to 3 days portal to portal C. Preparation of testimony - 2-6 hours minimum 9. Arrange transportation of bodies 10. Provide professional consultations 11. Prepare and present materials for teaching/public presentations 12. Counsel families 13. Continuing education - ASCP Check Samples, conferences - 20 hours per year generally required. 14 EXHIBIT B Page I of 2 MONROE COUNTY Date: 1012312001 -- BOARD OF COUNTY COMMISSIONERS Office of Managnvni and 8udgel APPROPRIATION DETAIL BY OFFICIALJDIVISION, DEPARTMENT, COST CENTER Oicl/Div: MEDICAL EXAMINER Department: Medical Examiner Cost Center/Fund 68000 / 001 MEDICAL EXAMINER Adopted 02 INC/(DEC) % Change Adopted 01 Actual 00 Adopted 00 Operating Expenditures 530340 OTHER CONTRACTUAL SERVICE 291,170 0 0.0% 291,170 291,170 291,170 530430 UTILITY SERVICES 12,000 12,000 n/a 0 0 0 530440 RENTALS AND LEASES 40,800 25,203 161.6% 15,597 10,025 10,217 530451 RISK MANAGEMENT CHARGES 3.254 130 4.2% 3,124 3,124 3,124 530460 REPAIR AND MAINTENANCE 3,000 3,000 n/a 0 0 0 Sub -total Operating Expenditures 350,224 40,333 13.0% 309,891 304,319 304,511 Cost Center Total MEDICAL EXAMINER 350,224 40,333 13.0% 309,891 304,319 304,511 Page 358 EXHIBIT B Page 2 of 2 MONROE COUNTY Date: 10/232001 BOARD OF COUNTY COMMISSIONERS Office ofManagmentand Budget APPROPRIATION DETAIL BY OFFICIAUDIVISION, DEPARTMENT, COST CENTER Ofci/Dlv: MEDICAL EXAMINER Department: Medical Examiner Cost Center/Fund 68001 / 101 MEDICAL EXAMINER 101 Adopted 02 INC/(DEC) % Change Adopted 01 Actual 00 Adopted 00 Operating Expenditures 530340 OTHER CONTRACTUAL SERVICE 202.026 202,026 n/a 0 0 0 Sub -total Operating Expenditures 202,026 202,026 n/a 0 0 0 Cost Center Total MEDICAL EXAMINER 101 202,026 202,026 n/a 0 0 0 Page 359 1996 Edition _ Agreement Between The Board of County Commissioners of Monroe County, Florida and Michael Hunter, MD General Insurance Requirements As apre-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 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 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 specified in the attached schedules. 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. Administration Instruction 14 #4709.3 t996 Edition The Monroe jXCounBoard of County Commissioners, its employees and officials will be included as "Additional Insured on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instrwtion 15 #4709.3 1996 Edition Agreement Between The Board of County Commissioners of Monroe County, Florida and Michael Hunter, 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 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 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. GL1 Administration Instruction 53 #4709.3 1996 Edition Agreement Between The —Board of County Commissioners of Monroe County, Florida and Michael Hunter, MD 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. VL2 Administration Instruction 81 #4709.3 1996 Edition Agreement Between The Board of County Commissioners of Monroe County, Florida and Michael Hunter, 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/$1,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. MED2 Administration Instruction 67 #4709.3 1996 Edition Agreement Between The hoard of County Commissioners of Monroe County, Florida and Michael Hunter, MD WORKERS' COMPENSATION Prior to the commencement ion Insurance with limits suffi ent tocontract, respond to Florida StatuteExaminershall obtain Workers' Comp 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. WC1 Administration Instruction 87 #4709.3 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: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved — Risk Management Date — County Administrator appeal: Approved: Date: Board of County Commissioners appeal: Approved: Meeting Date: Administration Instruction #4709.3 Not Approved __ Not Approved: Not Approved: 102 Uy. uu LOJ-:JU1 J I''Fil7t F7Z 2 U fJ 1- Z 0 O 1 OCCt F'ATIONAL TAX ACCOUNT4 � 16 2- 0 ll F3 3 7 16 M O N R O E STATF. OF F ORIDA EXPIRLS ACILITIES SEP T . 30, 2002 JR MUST BE aISP AYED IN CONSPICUOUS PLACE AACHINES ROOMS SEATS EMPLOYE-E, TYPE OF BUSINESS 3USINESS \DDRESS JAME RAILING ADDRESS 0-5 47162 PROFESSIONAL OFFICES 11400 OVERSEAS HWY 05 - MARATHON •�=.i0 -`� - MICHAEL D HUNTER MD PA r: HUNTER MICHAEL D MD PA PO BOX 522380 ' •-" °-�� MARATHON r� N SHORES F --- G��'�-�:1: Yq v S A IECEIPCWHENV VALIDATED DANISE D. HENRIQUEZ TAX COI LECTOR IECEIPT WHEN VALIDATED PO BOX 1129, KEY WEST FL 3 3 (. 41-1 12 9 OU00000000 0000001100 0000471620081"716 1001 0 SUPPLEMENTAL RENEWAL NEW TAX X TRANSFER ORIGINAL TAx 11.00 AMOUNT PENALTY COLLETOTALCTION COST --a $ IL-4 p'y Cr.- 0-5 THIS IS ONLY A TAX. YOU IIUS• MEET ALL COUNTY PLANNIN( AND ZONING,, REQUIREMENTS. 2 0 L] 1- 2 0 0 2 OCCU 'ATIONAL TAX ACCOUNT M 0 N R 0 E STATE OF FL 1RIDA EXPIRES ACILITIES R MUST BE OISPL DYED IN CONSPICUOUS PLACE ;IA CHINES ROOMS SEATS EMPLOYEE: YPE OF US1NESS 46113 MEDICAL EXAMINER USINSSS DDRF.SS 11400 OVERSEAS HWY 05 - MARATHON AM£ AILING HUNTER MICHAEL D MD PA )DRESS MICHAEL D HUNTER MD PA PO BOX 522380 MARATHON SHORES FL 33052 L.S, PM `yyr 'fpt'. zv�J :�y:y •' \,fib 4q�tr�t,tii,. � riw-..tom\�A°;,•„I'. 1IS BECOMES A TAX CEIPT WHEN VALIDATED DANISE D. HENRIQUEZ TAX COL,ECTOR RO BOX 1129, KEY WEST FL 330t1-'1129 0000000000 0000001500 0000461130083T15 i001 2 46113-0083715 SEPT. 30, 2002 SUPPLEMENTAL RENEWAL NEW TAX X TRANSFER ORIGINAL TAX '15 - U 0 AMOUNT PENALTY COLLECTION COST W TOTAL O. F+ --I rn --• THIS IS ONLY A TAX. YOU MUST MEET ALL COUNTY PLANNING AND ZONING REQUIREMENTS.