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Resolution 073-1982 RESOLUTION NO. 73 -1982 RESOLUTION AUTHORIZING THE CHAI&~N OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A CONTRACT BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF LAW ENFORCEMENT, MEDICAL EXAHINERS' COHMISSION AND MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Contract by and between the State of Florida, Department of Law Enforcement, Medical Examiners' Commission and Monroe County, Florida, a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 23rd day of February, A.D. 1982. BOARD OF COUNTY CO~lliISSIONERS OF MONROE COUNTY, FLORIDA By (Seal) Attest: RALPH \'1. \VHITEa CURK ~d'\~~. ~~,iJ.~. 'D.481O FORM ML $tJFFlCIINC'I. BV A"_"~Off:fI,. ~j CON T R ACT Between STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT MEDICAL EXAMINERS' COMMISSION AND MONROE COUNTY for MEDICAL EXAMINER FUNDS This Contract is entered between the State of Florida, Department of Law Enforcement, Medical Examiners' Commission, hereinafter referred to as "COMMISSION", and Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", through its Board of County Commissioners, and the DISTRICT MEDICAL EXAMINER. Any reference in this Contract to "Districts" shall mean Medical Examiner District 16 as established by the Medical Examiners' Commission under Florida Statute Chapter 406. WIT N E SSE T H: WHEREAS, Florida Statute, Chapter 406 and Rule 11G-4, Florida Administrative Code, authorize the Commission to disburse to the County state funds for Medical Examiner Services and to oversee the distribution of state funds for said purpose. NOW, THEREFORE, in consideration of the mutual understanding and the provisions, terms, and conditions hereafter set forth, the Commission and the County mutually agree as follows: 1. COUNTY Agrees: A. To comply and act in accordance with all provisions of Florida Statute Chapter 406 and implementing rules of the Medical Examiners' Commission, where applicable. B. The funds provided to the COUNTY under this Agreement shall be used only for Medical Examiner related expenses, said uses to include, but not be limited to, the following: (1) Salaries and/or fees for service (2) Transportation (3) Facilities and equipment (4) Laboratory services (5) Administrative costs (6) Other related expenses C. The COUNTY and the DISTRICT MEDICAL EXAMI~~R shall provide the COM- MISSION with: (1) A County Annual Expenditure Report on forms to be provided by the COMMISSION identifying total funds expended or encum- bered for Medical Examiner Services during the 1981 calendar year. (2) A copy of the budget adopted for Medical Examiner Services for the current county fiscal year. (3) Response to a survey prepared by the COMMISSION regarding facilities, personnel, and funding through which medical services are provided. The second installment of funds disbursed by the COMMISSION shall be paid upon receipt by the CO~mISSION of the documents listed. D. The COUNTY and the DISTRICT MEDICAL E~IINER will comply with re- quests from the COMMISSION for information regarding expenditures for support of Medical Examiner activities in their county, pursuant to Chapter 406, Fla. Stat. -2- E. The COUNTY and the MEDICAL EXfu~INER further agree: (1) To comply with Title VI and VII, Civil Rights Act of 1064 (42 USC 2000d), Executive Order No. 11246, entitled "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR Part 60), and Federal Regulations concerning nondiscrimination because of mental and physical handicaps. (2) To meet the standards of accountability of Rule 4G-4.06, Florida Administrative Code, which include the following: (a) Each County shall use an accounting system which meets generally accepted accounting principles. (b) Each County and each District Medical Examiner shall maintain such records and accounts as are necessary to properly account for state funds disbursed by the Com- mission. (c) All records relevant to this rule shall be retained for a period of not less than three years, unless otherwise provided by law. (d) Records and accounts necessary to justify the use of state funds for Medical Examiner services shall be open to inspection for audit purposes to the Commission, the Department, and the Auditor General. (e) Funds received from the Commission shall only be used for the provision of medical examiner services. F. In the event of COUNTY's noncompliance with any provision of this Contract the Contract may be terminated or suspended in whole or in part by the COMMISSION upon thirty (30) days written notice to the COUNTY. -3- 2. The COMMISSION Agrees: A. To pay the COUNTY a total sum of $9,864 to be paid in semi- annual payments of $4,932. B. Payment shall be made on a semi-annual basis. Payment for the first two quarters shall be made upon execution of this Contract. The second payment shall be made when the documents outlined in Item l(c) above are provided to the COtlliISSION and after the COM- MISSION has received its 4th quarter allotment of General Revenue Funds, approximately April 1, 1982. 3. This Contract is effective for the State fiscal year July 1, 1981 through June 30, 1982. 4. This Contract is subject to the availability of funds, and the de- termination as to such availability rests solely with the COMMISSION. If funds become unavailable, the COMMISSION may terminate this Contract on twenty-four (24) hour notice. 5. Any alterations, variations, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Contract. The parties agree to renegotiate this Contract if State revision of any applicable laws or regulations made changes in this Contract necessary. 6. The County and the District Medical Examiner shall be independent con- tractors, and not the agent or servant of the Department and shall not be entitled, as a result of this contract, to any benefits granted employees of the State of Florida. The County and the District Medical Examiner shall have complete supervision and control over their own agents, servants and employees. 7. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the County or the District Medical -4- Examiner, their agents, servants, and employees; nor shall the County or District Medical Examiner exclude its own negligence to the Depart- ment or any third party. 8. This Contract contains all the terms and conditions agreed upon by the parties. Any items incorporated by references are physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: Monroe COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the ~~ay of February 19~, the DISTRICT MEDICAL EXP~INER, and STATE OF FLORIDA, FLORIDA DEPARTMENT OF LAW E~~ORCEMENT, MEDICAL EXAMINERS' CO~lliISSION, signing by and through its Staff Director, duly authorized to execute same, and by the COtlliISSIONER OF THE FLORIDA DEPARTMENT OF LAW ENFORCEtffiNT. Date State of Florida, Medical Examiners' Commission Staff Director Date s~~o~;orida, Department of Law. .Enforcement Ck:c-~ ~ ~ Chairma~ard of County ~SSioners l\J R ()U County, ..f~orida. ATTEST: . . fJ^-~ .~ 'Ralph W. Whi te, r1h~' ~ Clerk Distrfct Medical Examiner It /! District I February 23, 1982 Date !(f; /1,171 / 'h:.?.. Da te / LEGAL2/B -5-