Backup Documents 09/26/2017 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU�E
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the�Cii o
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
og02-7 )/ 7/ 7
2. BCC Office Board of County
Commissioners \f/sl/ 9\Z-\k-1
3. Minutes and Records Clerk of Court's Office
9q-a--In '27p
4. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Barbara Lance for Sandra Herre a Contact Information 239-252-899
Contact/ Department
Agenda Date Item was 9JZLI-7 f �_,- . Agenda Item Number 16.E a.
Approved by the BCC
Type of Document Amendment 6 Number of Original ,Y2
Attached Documents Attached
PO number or account N/A 11-5776 Medical Marta U. Coburn
number if document is Examiner
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK tel•' �P
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 0 /2017 and all changes made during
the meeting have been incorporated in the attar a ocument. The County et
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the 41,
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
16E2
SIXTH AMENDMENT
11-5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES
("Amendment") is entered into and is effective on this 1st day of October, 2017, by and between
Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County,
Florida, doing business as District 20 Medical Examiner, Inc., a Florida for Profit Corporation
(hereinafter called "Medical Examiner") and the Board of County Commissioners of Collier
County, Florida(hereinafter called"County"), collectively referred to as the "parties."
RECITALS:
WHEREAS, the parties entered into an Agreement for Medical Examiner Services
("Agreement") dated September 27, 2011, a copy of which is attached hereto; and
WHEREAS, the Fifth Amendment to the Agreement was approved by the Board on
September 27, 2016, Agenda Item 16.E.6, and is scheduled to terminate on September 30, 2017;
and
WHEREAS, the parties wish to extend the term of the Agreement and to clarify their
respective responsibilities for certain costs relating to customary versus extraordinary maintenance
and services regarding the upkeep of the Medical Examiner's Facility.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Section I of the Agreement is hereby amended by extending the term of the
Agreement from October 1, 2017 through September 30, 2018.
3. Section III, Paragraph A of the Agreement is replaced in its entirety to now read as
follows:
"The County hereby agrees to compensate the Medical Examiner for services to be
performed for the term of this Agreement, beginning on October 1, 2017, the amount of
one million three hundred seven thousand five hundred dollars ($1,307,500) by
semimonthly payments ending September 30, 2018. In addition, the County will make
payments on behalf of the Medical Examiner for County-allocated charges consisting of
Information Technology costs and General, Property, and Liability insurances in total of
thirty-seven thousand eight hundred dollars ($37,800). Any modifications to this
Contract shall be in compliance with the County Procurement Ordinance and Procedures
in effect at the time such modifications are authorized.
1
Amendment#6 to Contract 11-5776
16E2
4. Except as modified by this Amendment, the Agreement shall remain in full force
and effect. If there is a conflict between the terms of this Amendment and the Agreement, the
terms of this Amendment shall prevail.
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BR@cK, Clerk COLLIE' : 0 QTY, FLORIDA
QLtU,
//
By:� Q.0 • By;
Dept Penny Tayl•f hairman "t\ 4
Attest as o l fn's
signature only.
Approve. • Form and Legality:
By: _ i�-
• - . t County Attorney
MEDICAL EXAMINER
i
Bv:
Marta U. Coburn
M.D. Medical Examiner
Florida District Twenty
e-1.
63)
2 -y<
Amendment#6 to Contract 11-5776
• • - 16E2
AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made
and entered into this 27th day of September , 2011,by and between Marta U. Coburn,M.D.,
Florida District.Twenty Medical Examiner for.Collier County, Florida,doing business as District
20 Medical Examiner, a Florida for profit.Corporation, (hereinafter called"Medical Examiner"),
and the Board of County Commissioners of Collier County, Florida, (hereinafter. called
"County"). Medical Examiner and County are hereinafter collectively referred to as the
"parties."
WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical
Examiner for Collier County, Florida, on August 18, 2011, by Rick Scott,.Governor of the State
of Florida; and
WHEREAS, Section 406..06(2), Florida Statutes, provides that the District Medical
Examiner may appoint Associate Medical Examiner(s)to provide medical examiner services at
all times andall places within the district and that said Associate Medical Examiner(s) shall
serve at the pleasure of the District Medical Examiner; and
WHEREAS, Section 406.06(3), FloridaStatutes, states that District Medical Examiner(s)
and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary
and fees as are established by the Board of County Commissioners in their respective district;
and
WHEREAS, Section 406.08(1),Florida Statutes,provides that fees, salaries and expenses
for the Medical Examiner's office may be paid from the general funds or any other funds under
16E2
the control of the Board-of County Commissioners and that the Medical Examiner shall submit
an annual budget to the Board of County Commissioners; and
WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory
facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be
provided on a permanent or contractual basis by the counties within the district; and
WHEREAS, Collier County desires to contact with Marta U. Coburn, M.D., Florida
District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc:, a
Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes,
as an independent contractor.
NOW, THEREFORE, in consideration of the mutual covenants, terms., conditions and
provisions contained herein,the parties do hereby agree as follows:
SECTION I TERM OF AGREEMENT
The termof this Agreement shall be from October 1, 2011 through September 30, 2012.
SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES
The Medical Examiner hereby agrees to furnish services, labor and all equipment not
otherwise provided for, necessary for the complete performance of the services contemplated
hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County,
Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the
Florida Medical Examiner's Commission.
2
• i
loEa 6
SECTION III COMPENSATION AND PAYMENTS •
A. The County hereby agrees to compensate the Medical Examiner for services to be
performed for the term of this Agreement, beginning on October 1, 201.1, the amount..of one
million twenty-three thousand eight hundred dollars ($1,023,800) by semimonthly payments
ending September 30,2012..
B. Payments from the County to the Medical Examiner of the compensation set forth in
paragraph.A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th
of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall .be
made on the next County business day. It is expressly understood that each semimonthly
payment shall be made for the services furnished for the: preceding period of time. As a
condition of said semimonthly payment by the County, the Medical Examiner shall bein full
compliance with Section VII of this Agreement regarding reports.
C. The Medical Examiner agrees and understands that under the. terms of this
Agreement, a full professional staff (associate medical examiners) and autopsy technician(s))
must be maintained in order to perform the Medical Examiner duties set forth under this
Agreement and by Chapter 406,Florida Statutes,
D. The County agrees and understands that the compensation provided for under this
Agreement: to the Medical. Examiner is intended to cover the anticipated normal
activities/workload of the Medical Examiner, based upon past statistics .and reasonable
projections. The County acknowledges and agrees that the semimonthly compensation of the
Medical Examiner set forth in this Section has been established without consideration of
disasters or occurrences of an unusual nature or magnitude such as wouldnecessitate
extraornary expenditure on the part of the Medical Examiner in fulfilling the obligations:under
3
j I
1 j
6 E2 ;
this Agreement and Chapter 406, Florida. Statutes. In the event of such disaster(s) or
occurrence(s),the Medical Examiner shall consult with and shall seek,but not necessarily obtain,
the approval of the Collier County Emergency Management Director or his/her designee, for any
additional. expenditures. The Medical Examiner shall in all,events retainthe right to and shall
then petition the Board of County Commissioners to reimburse the Medical Examiner for all
extraordinary expenses and compensation which are justified and incurred by the. Medical
Examiner due to said disaster(s)or occurrence(s). The Medical Examiner shall provide invoices
and receipts in an itemized manner to support the petition to the Board of County Commissioners
for extraordinary compensation and expenditures. Examples of extraordinary disasters: or
occurrences include,but are not limited to: aircraft,bus and boat accidents where a simultaneous
large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or
occurrences caused by nature or mann-mcie where a large loss of life is experienced. Upon
petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with
the recommendation of the Collier County Emergency Management Director, the Board of :.
County Commissioners shall determine, using a reasonable and objective standard, if
extraordinary compensation and/or expenditures shall be paid to the Medical Examiner..
SECTION IV FACILITIES AND EQUIPMENT
A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide
and insure, at no cost to the Medical Examiner, a facility and all medical/laboratory'related
equipment reasonably required,by the Medical Examiner to perform. 'the duties as District
Medical Examiner. All costs associated with maintaining the facility and its area landscaping
will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's
facility.
4
•
• 16E2
B. All capital equipment needed and budgeted by the County for use by the Medical
Examiner shall be purchased by, and be inventoried through, the County as County property.
The procurement of said equipment shall be approved by the Collier County Emergency
Management Director in accordance with the Collier County Purchasing Policy, upon
submission of a requisition by the Medical.Exan-+iner. The Medical Examiner agrees to take
reasonable care with and maintain and repair .any equipment provided by the County. The
County agrees to include all equipment reasonably requiredby the Medical .Examiner in the
annual medical examiner budget submitted to the Board of County Commissioners far approval.
C. Except as otherwise provided in this Agreement, the Medical Examiner shall be
solely responsible for the payment of all normal and ordinary services, fees, and costs
encumbered in the course of the Medical Examiner's office's operation.
SECTION V PROFESSIONAL LIABILITY INSURANCE
Pursuant to Section 406A6, Florida Statutes, the County shall pay the Medical
Examiner's professional liability insurance. This payment shall be in addition to the
semimonthly compensation paid to the Medical Examiner by the County under Section III of this
Agreement As a conditionprecedent to the County paying for the Medical Examiner's
professional liability insurance, the Medical Examiner shall present to the County an original
invoice evidencing the purchase by the Medical Examiner of saidinsurance coverage.
SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICALE (AMNER
FOR HIJMANITARIAN AND/OR CHARITABLE PURPOSES.
The Medical Examiner shall be allowed to use the County's facility and laboratory
equipment for humanitarian and/or charitable purposes provided that these purposes in no way
interfere with the Medical 'Examiner's primary duty to serve as medical examiner for Collier
}
5
16E2
County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any
acts of the Medical Examiner not within the scope of the official duties performed for Collier
County. The performance by the Medical Examiner of hornan'itarian and/or charitable services
under this paragraph shall not be considered part of the official duties of the Medical Examiner.
SECTION VII REPORTS
The Medical Examiner agrees to provide to the County quarterly reports which shall
include,minimally the following:
A. Number of all investigations and narrative reports for non-autopsy medical examiner
cases;
B. Number of all autopsies performed;
C. Court cases and medical/legal conferences,number and hours spent;
D. Number of authorizations for all cremations and burials at sea and anatomical
dissections;
E. Number of hours of scene:investigations;
F. Any other activities not described above.
The quarterly report shall be submitted by the 10th day of the month to the County's Emergency
Management Director.
SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR.
A. It is hereby stated to be the expressed intent of the parties that under this Agreement
the.Medical Examiner shall act exclusively as an independent contractor rendering professional
services for the County in accordance with Chapter 406, Florida Statutes, and the Medical j.
Examiner shall not be considered as an employee or agent of the County. The Medical Examiner
shall be solely responsible for the payment of all applicable:taxes for compensation paid to the
Medical Examiner by the County pursuant to this Agreement. The Medical Examiner.shall not
•
be eligible for,nor participate in,any fringe benefits from the County. 1
6
• 16E2
B. The Medical Examiner shall be responsible for employing and providing by separate.
Agreement, independent of the County,, all personnel or other services necessary for the
performance of the duties and responsibilities under this Agreement and in accordance with
Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and
control over said employees who shall not be entitled, as a result of this Agreement, to any
benefits granted employees of the County.
C. Pursiuxnt to Section 406.16, Florida Statutes, the County shall not be liable for any
acts of the Medical Examiner that are not within the scope of the official duties as Medical
Examiner..
SECTION IX NO PARTNERSHIP
Nothing contained in this .Agreement shall create or be construed as creating a
partnership between the County and the Medical Examiner.
SECTION X NO DISCRIMINATION
The Medical Examiner agrees that there shall be no discrimination as to race, sex, color,
creed or national origin at any County facilities provided under this Agreement and with regard
to the provision of the services of the Medical Examiner contemplated by this Agreement.
SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN
COLLIER COUNTY CRIMINAL PROCEEDINGS
In accordance with the provisions of Chapter 29, Florida Statutes, as amended.by Senate
Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in
criminal proceedings shall be paid by the State of Florida. Upon performance of service, the
Medical Examiner shall submit its fee for service to the appropriate State agency or court-
appointed connsel.
7
l
1 6 E
SECTION X11 NOTICES
All notices from the County to the Medical Examiner shall be deemed duly served if
mailed by certified mail to the Medical Examiner at the following address.:
Office of the.Medical Examiner
3838 Domestic Avenue
' Naples,FL 34104
All notices from the Medical Examiner to the County shall be. deemed duly served if
mailed by certified mail to the County at the following address:.
Collier County Emergency Management Director
8075.Lely Cultural Pkwy,Suite 445
Naples,Florida 34113
The County and the Medical Examiner may change the above mailing addresses at any j
time by giving the other party written notification within fifteen (15) days of said mailing j
a•dress change.
All notices under this Agreement.must be in writing.
SECTION XIII NO IMPROPER USE
The Medical Examiner will not use,nor suffer or permitany person to use in any manner
whatsoever, County facilities for any improper, immoral or offensive purposes, or for any
purpose in violation of any federal, state, county, or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation no w in effect or hereafter enacted or
adopted. In the event of such violation by the Medical Examiner or any staff of the Medical
Examiner,the County shall have the right to suspend this Agreement with the Medical Examiner.
Should the Medical Examiner fail to correct any such violation, within twenty-four (24) hours
after receiving notice of such violation, such suspension shall continue until the violation is
cured.
s
V J
• 16E2
{
SECTION XIV LNDEMNIFICATION
The Medical Examiner shall hold harmless and defend Collier County and its agencies
and employees from all suits and actions, including attorney fees and all costs of litigations and
judgments of any name and description arising out of, or incidental to, the performance of this
Agreement or services performed.hereunder. The Medical Examiner's obligation pursuant to this
provisionshall not be limited in any way by the agreed-upon compensationunder this
Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. This
section does not pertain to any incident arising from the solenegligence of Collier County.
SECTION XV. TERMINATION AND CONTINUITY OF SERVICES
A. This Agreement may be terminated by either party upon ninety (90) days written
notice to the other party by certified mail, return receipt requested. The parties shall deal with
each other in good faith during the ninety-day period after any notice of any intentto terminate
has been given. Either party may terminate this Agreement immediately for reasonable cause,
upon written notice to the other. Reasonable cause shall include but not be limited to:
(1) Material violations)of this Agreement;
(2) Suspension or revocation of the Medical Examiner's license to practice medicine
or other disciplinary actionstaken against the Medical Examiner by the Florida Medical
Examiners Commission or similar regulatory authority;
(3) Revocationof the Medical Examiner's appointment as Medical Examiner for
Florida Medical Examiner District Twenty;
(4) Any violation of the Medical Exam.iner's duties as required under Chapter 406,
Florida Statutes;
(5) Repeated and/or prolonged absence(s) from office substantially affecting the
performance of the duties of the Medical Examiner under this Agreement;
(6) The death of the Medical Examiner;.
9
1
• • 16E2
(7) Physical and/or mental incapacitation of the Medical Examiner substantially
affecting the performance of the duties of the Medical Examiner under.this A.greement.
B. In the event of a termination of this Agreement by the County, the County shall only
be required to pay such compensation to the Medical Examiner as she may be entitled to for
services performed until the time of termination.
SECTION XVI AMENDMENTS
This. Agreement may be modified by amendment at any time provided that such
amendment is in writing and signed by both parties.
SECTION XVII ATTORNEY FRES
In the event of any litigation arising under this Agreement, the prevailing party shall be
entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both
trial and all appellate levels.
10
• • 1 E 2
IN WITNESS WHEREOF, the parses have caused this Agreement to be executed on the day
first above vvritten.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwi:et E. Brock, Clerk COLLIER COUNTY,FLORIDA
• -.-
4 — (A). C)' `3Ak
• --r
By:
epitilty rk Fred W. Coyle, Chairman
:t.cc ,C1.14 trues, $
, •4 •,
. -
First Withess MEDICAL EXAMINER
/ op
rikk....L.14/14,2"..' /•
Signatureq/Date — I — I/ Marta U. Coburn,M.D. Medical Examiner
Florida District Twenty
frc,r e_ c F46-1-ccs Date:
Typed'or Printed Name
Second'Witness
Signature/Date ci I it 2.01,1
BRiAro E 4.4.10.443 LP". Ape,oved s to form and
Typed or Printed Name leg.i s je iencE„.
71/:
Jeff/. • ' atzkow
Court A orney
11