Item C03
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18,2008
Bulk Item: Yes X No
Division: Countv Administrator
Department: Medical Examiner
Staff Contact: Reggie Paros - 289-6002
AGENDA ITEM WORDING: Approval of Agreement Addendum for Interim Medical Examiner
Services between Monroe County and Michael D. Hunter, M.D., P.A., to extend agreement for District 16
Medical Examiner services on a month-to-month basis pending the appointment of a permanent Medical
Examiner and to provide for an increase in monthly payment to provide janitorial services upon
occupancy of new Medical Examiner's facility
ITEM BACKGROUND: Dr. Michael Hunter resigned as 16th District Florida State Medical Examiner,
effective June 19,2008. Dr. Hunter has been appointed to continue to serve as Interim Medical
Examiner, on a month-to-month basis, until the Medical Examiner's Selection Committee has finalized
their search and a contract between Monroe County and the new District Sixteen Medical Examiner has
been negotiated and executed.
PREVIOUS RELEVANT BOCC ACTION: 1) On June 19,2002, Board approved agreement for the
period August 1,2002 through July 31, 2005. 2) On September 18,2002, Board approved an
amendment to agreement for Medical Examiner services. 3) On July 20, 2005, Board approved
Amendment to agreement with Dr. Hunter, effective August 1,2005 through July 31, 2008.
CONTRACT/AGREEMENT CHANGES: This Agreement Addendum extends the current contract to
provide Medical Examiner services as Interim Medical Examiner, on a month-to-month basis, under the
same terms; adds that County is responsible for repairs to facility and payment of utilities; and provides
for an additional payment of $1,000 per month for j anitorial services upon occupancy of the new facility
STAFF RECOMMENDATION: Approval
TOTAL COST: $42,332.66 month pIus $1,000 mo for BUDGETED: YES X NO
ianitorial services upon occupancv of new facilitv COST TO COUNTY: Same as above
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION: Included:..x To Follow:
DISPOSITION:
Not Required:
Agenda Item #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Michael D. Hunter, MD Effective Date: June 19,2008
Expiration Date: month to month
Contract Purpose/Description: Interim District Sixteen Medical Examiner services
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Marathon Airport- Stop 15
(Department)
for BOCC meeting on June 18, 2008
Agenda Deadline: June 3, 2008
CONTRACT COSTS
Total Dollar Value of Contract: $43,332.66 mo Current Year Portion:
Budgeted? Yes[g] No D Account Codes: 68000-530340
Grant: $_
County Match: $_
$173,330.64
- - - -
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- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesD NOLl
Date Out
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AGREEMENT ADDENDUM
for
INTERIM MEDICAL EXAMINER SERVICES
TillS AGREEMENT ADDENDUM is made and entered into this ~ day of
, 2008, between the COUNTY OF MONROE and MICHAEL D.
HUNTER, M.D., P.A.
WHEREAS, on June 19, 2002, the parties entered into an agreement (the original
agreement) for the period August 1,2002 through July 31,2005; and
WHEREAS, on September 18, 2002, the parties agreed to an agreement
addendum; and
WHEREAS, on July 20, 2005, the parties agreed to extend the agreement for
services for the period August 1, 2005, through July 31, 2008; and
WHEREAS, Michael Hunter, M.D. resigned the position as the 16th District
Florida State Medical Examiner effective June 19,2008, but has been appointed to serve
as Interim Medical Examiner pending the appointment of a permanent Medical
Examiner; now therefore,
IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW, IT IS
AGREED AS FOLLOWS:
1" TERM:
This Agreement Addendum for Interim Medical Examiner services commences
June 19,2008, and will continue on a month-to-month basis. The Agreement will
terminate upon appointment of a permanent Medical Examiner.
2. OFFICE/EQUIPMENT:
The address in Paragraph 2 of the July 20,2005 Amendment to Agreement is
amended to read:
A. As of the date on which this amendment is entered, the equipment and
existing supplies are located at the Medical Examiner's Facility, 56639 Overseas
Highway, Marathon, Florida.
3. FACILITIES:
Section 5 of the September 18, 2002 Amendment to Agreement is amended to add
the following subparagraph:
C) Commencing on the date the County-owned facility is ready for occupancy
for the intended use by the Medical Examiner:
The County is responsible for:
1. Maintenance and repairs to facility;
2. Utilities, to include normal waste refuse services, electric and water.
The Medical Examiner is responsible for:
1. Biohazardous waste collection and disposal services.
2. Janitorial services for the facility; the pro rata monthly payment will be
increased by $1,000 per month for this purpose.
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05/19/2008 14 11 FAX 3052947707
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SIXTEENTIl JUDICIAL CIRCUIT OF FLORIDA
530 WlUTEIiEAD STREET
KEY WEST, fLORlDA 33040-6547
MARKE. KOHL
State Anomey
TELEPHONE
305-292-3400
May 19, 2008
Dr. Michael Hunter, M.D.
Ramrod Plaza
27223 Overseas Highway
Summerland Key, 33042
Dear Dr. Hunter:
On behaIfofthe citizen's of Monroe County, we hereby a~point you to serve as Interim
Medical Examiner of Monroe County. Your dedication and professional handling ofthis
position will help to make a smooth transition for the new appointee. Yau will be assuming the
position ofInterim Medical Examiner as of June 19.2008, Accordingly, my appointment of you
as Interim Medical Examiner will expire upon appointment of a permanent Medical Examiner.
We intend to keep you apprised of our search for a new Medical Examiner. Thank you for
accepting this appointment.
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Mark E. Kohl
State Attorney
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cc: Roman Gastesi, County Administrator
Stephen J. Nelson, Chainnan~ Medical Examiners Commission
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AMENDMENT TO AGREEMENT
MCEDICAL EXAMINER SERVICES
THIS AMENDMENT is made and entered into this 20th day of ......Lul y , 2005,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter "County", and Michael D. Hunter, M.D., P.^-, hereinafter "Medical Examiner."
WHEREAS, on June 19,2002, the parties entered into an agreement (the original
agreement) for Medical Examiner 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, on September 18, 2002, the parties amended the agreement; and
WHEREAS, the parties desire to extend the original contract period; now therefore,
IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW, IT IS AGREED AS
FOLLOWS:
1.
sentence:
The term in Section 1 of the original Agreement is amended by adding the following
1. Contract Period: This amendment to agreement is for services for the period
August 1,2005, through July 31,2008.
2. The address in Section 5 of the original Agreement is amended to read:
A. As of the date on which this amendment is entered, the equipment and existing
supplies are at premises located at 27223 Overseas Highway, Ramrod Key, Florida.
3. Section 14 of the original Agreement is amended by adding the following paragraph:
F. Medical Examiner may terminate this Agreement without cause upon giving
County written notice of termination at least sixty (60) days prior to the effective
termination date.
4. All other provisions of the June 19,2002 agreement, as amended, 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.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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I' ayor/Chairman
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ATTEST: DANNYL. KOLHAGE, CLERK
BYCJ~~
DepUty Clerk MEDICAL EXAMINER
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Michael D. Hunter, M.D., P.A.
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AMENDMENT TO THE AGREEMENT
for
MEDICAL EXAMINER SERVICES
THIS AMENDMENT is made and entered into this 18th day of Seotember, 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 paraqraph of the orjqinal Agreement 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 original Aqreement 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 orioinal AQreement is amended to read:
3. AMOUNT OF AGREEMENT/PA YMENT.
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
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expenditures, including the cost of equipment shall be handled through the County purchasing
policies and procedur7s 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 Commission-ers for reimbursement of all
extraordinary expenses and compensation due to the disaster.
D) The Medical Examiner shall develop a schedule of r~asonable and customary fees
which shall be charged to third parties for specific services: i3-evenue 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 AQreement 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
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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 original Aareement 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 sear, the day
and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
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MEDICAL EXAMINER
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Michael D. Hunter, M.D., P,A.
AGREEMENT
THIS AGREEMENT entered this 19thdayof June , 2002, between
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
(hereinafter "County"), 1 100 Simonton Street, Key West, Fl. 33040, and Michael D.
Hunter, M.D., P.A., Medical Examiner, District Sixteen (Momoe County), (hereinafter
"Medical Examiner"), appointed by the Governor of the State of Florida.
\VHEREAS, 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 EX<lV1iner 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.
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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 ofthe ~edical 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 UIlusual 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
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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 tennination 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 incoIporated 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 oftrus 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 ~y 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 othenvise, in Medical Examiner
except for such interests permissible by law and fully disc1os.ed 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.
1 L 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
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
5
12. COMPLIANCE WITH LAW. Medica] Examiner shall comply with all
federal, state, and 10ea] 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.
] 3. 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 ofthe 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~W AIVER.
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, I~ss any amolU1t 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
tenninate this agreement for failure of County to fulfill its duties and obligations upon
giving COlU1ty 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 ofthirty 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 ei~her 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 pennitted 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, FI. 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, \yhich 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 subj ect 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 EiCaminer, 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
_....~ ' . - . . -. -."<T":- ,
...- t~~~'f~t~bove written.
(S~-AL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
MEDICAL EXAMINER
>>t~~~ '
, Michael D. Hunter, M.D., P.A.
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Wi tness
A;~It~AS TO FORM
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EXHIBIT A
SERVICES TO BE PROVIDED BY MEDICAL EXAMINER
This Exhibit, incorporated into the Agreement between County and Medical
Examiner, on the 19 thday 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 persotlllel 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,
teclmical, 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:
1. 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, et cetera)
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 (SillS)
I. Suspected poisoning
J. Drowning
k. Abortion
10
1. . In prison or police custody
m. 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 object or article which,,}n 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 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:
I, 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 - perfonned 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, andJor 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 minimWll
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 1 of 2
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROPRIATION DETAIL
BY OFFICIAUDIVISION, DEPARTMENT, COST CENTER
Da18: 1012312001
Ol1lce o( M;!naQn'ie111 ~n<l 6udgel
OfeI/Dl...: MEDICAL EXAMINER
Department: Medical Examiner
Cost Celller/Fund 68000 I 001 MEDICAL EXAMINER
Sub-lotal Operatlng Expenditures
Cost Center Tolal MEDICAL EXAMINER
Adopted 02 INC/(DEe) ";. Change Adopted 01 Aetual 00 Adopted 00
==
291.170 0 0.0% 291.170 29 1.170 291.170
12,000 12.000 nla 0 0 0
40,800 25,203 161.6% 15,597 10,025 10,217
3.254 130 4.2% 3,124 3,124 3.124
3.000 3.000 nfa 0 0 0
350.224 40.333 13.0% 309,891 304,319 304,511
350,224 40,333 13.0% 309,891 304,319 304,511
Operallng ExpendItures
530340 OTHER CONTRACTUAL SERVICE
530430 UTILITY SERVICES
5304-40 RENTALS AND LEASES
530451 . RISK MANAGEMENT CHARGES
530460 REPAIR AND MAINTENANCE
Page 358
EXHIBIT B
Page :2 of 2
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROPRIATION DETAIL
BY OFF1CIAUDIVISION, DEPARTMENT, COST CENTER
Date: 1012312001
ome~ 0' Pobn3lJffOO'l1 and Bud~el
Of clIO Iv: MEDICAL EXAMINER
Department; Medical Examiner
Cost CenterfFund 68001 f 101 MEDICAL EXAMINER 101 Adopted 02 INCf(DEC) "t. Change Adopted 01
Actual 00 Adopted 00
Operating ExpendItures
530340 OTHER CONTRACTUAL SERVICE
Sub-total Oper3tlng Expenditures
Cost Canter Total MEDICAL EXAMINER 101
202.026
202,026
202,026
202,026
202,026
202,026
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Page 359
I l)'}6 Editi<.ln
Agreement Between
The Board of County Commissioners of Monroe County, Florida
and
Michael Hunter, MD
General Insurance Requirements
As a pre-requisite of the work governed by this contract (including the pre-staging of personnel
and material), the Medical Examiner shall obtain, at his/her own expense, insurance as specified 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 ofthe
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 ifthe 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 ofthe actual insurance policy.
The County, at its s.ole 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 andJor approval ofthe Medical Examiner's insurance shall not be construed as
relieving the Medical Examiner from any liability or obligation assumed under trus contract or
imposed by law.
Administration Instruction
#4709.J
14
, '
1996 Edition
The Monroe Cou~ Board of County Commissioners, its employees and officials will be included
as rlAdditional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared fonn entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
Administration Instruction
#4709.3
15
1996 Edition
Agreement Between
The-Beard 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.
:
.-
GLl
Administration lnstroction
#4709.3
53
J.
1996 Ediuoo
Agreement Between
TheBoard of County Commissioners of Monroe County~ Florida
and Michael Hunter, MD
VEHICLE LIABo..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 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
#4709.3
81
) ,
t 996 !::t1ition
_ 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:
$500,000 per Occurrence/$l,OOO,OOO 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
#4709.3
67
1996 Edition
Agreement Between
Thelloard of County Commissioners of Monroe Countyt Florida
and
Michael Hunter. 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 ofthe 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
AM. 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.
.:-
wet
Administration Instr\ll;tiOD
#4709.3
87
; ,
1996 Edillut\
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 contrnct.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Manageme.~t
Date
.
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Administration Instruction
#4709.3
102
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