Loading...
1st Amendment 09/18/2002 Clemollhe Circul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292.3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Menwrandum TO: Reggie Paros, Director Public Safety Division ATTN: Stacy DeVane Executive Assistant FROM: Pamela G. Han~ Deputy Clerk ry 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 wlo documents County Attorney Finance File/ Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax BOARD OF COUNTY COMMISSIONERS MAYOR Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District I George Neugent, District 2 Bert Jimenez, District 4 Murray E. Nelson, District 5 O!!v~rY ~o~~~?oE (305) 294-4641 MEMORANDUM TO: Pamela G. Hancock Deputy Clerk Suzanne A. Hutton ~ Assistant County Attorney FROM: DATE: September 26, 2002 SUBJECT: Medical Examiner's Contract ****************************************** 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 S\ 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 I S\ 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 sl 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 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. (B) 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 oriqinal Aoreement 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 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. Section 5 of the oriqinal AQreement is 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 "-..3 -.... (~"::::l ..." a "= ~V~ r....,j r- ~~:-~. C/) P, ,..., -0 0 C,l' r' N ..." c:. C") . 0') 0 ('.........- .':;;: ;r: ;:r ;0 ~. .C) ..< n ::: " :::0 . ,..-/..l... ::;c P1 ...,,' ):>. r- C') (J1 ('") )> r'l 0 a :::0 ell 0 (SEAL) MEDICAL EXAMINER ~/~ Michael D. Hunter. M.D., P,A.