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Agenda 09/29/2009 Item #16F 1 Agenda Item No. 16F1 September 29, 2009 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2010 at a cost of $1,093,500. OBJECTIVE: Approval of an agreement to provide Collier County with medical examiner services pursuant to Chapter 406, Florida Statutes. CONSIDERATIONS: Dr. Marta U. Coburn, M.D. was re-appointed October 19, 2005 by Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical Examiner. An - agreement between Collier County and Dr. Marta U. Coburn, M.D. dba District Twenty Medical Examiner, Inc. is entered into annually to provide the County with medical examiner services. Section 406.06(3), Florida Statutes, states that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Pursuant to Section 406.16, Florida Statutes, the County shall pay for professional liability insurance for the Medical Examiner and Associate Medical Examiner(s). The payment of professional liability insurance is included in the agreement as an obligation of the County and shall be in addition to the semi-monthly compensation paid to the Medical Examiner. The purchase of a new digital x-ray machine shall also be in addition to the semi- monthly compensation paid. Based on past statistics and reasonable projections, Dr. Coburn has submitted an annual budget of $1,018,100 for services, $20,500 for professional liability insurance, and $54,900 for a digital x-ray machine. These amounts have been included in the County's Amended Tentative Budget for Fiscal Year 2010. FISCAL IMPACT: The requested cost to the County for Fiscal Year 2010 is $1,093,500. Funds are proposed to be budgeted in the General Fund (001), Medical Examiner Services; the FY 2010 Budget will be considered by the Board on September 24,2009. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular item requiring a majority vote. JBW GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners approves the agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical examiner services for Fiscal Year 2010 at a cost of $1,093,500 and authorizes the Chairman to execute the contract after County Attorney Approval. PREPARED BY: Christine Chase, Department of Emergency Management Page 1 of 1 Agenda Item No. 16F1 September 29, 2009 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summary: Recommendation to approve an Agreement between Collier County and Dr, Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc, to provide medical examiner services for Fiscal Year 2010 at a cost of $1,093,500. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Christine Chase Senior Administrative Assistant Date County Manager's Office Emergency Management 8/27/2009 3:45:07 PM Approved By - Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8/28/20098:37 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney Office 8/28/2009 8:49 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 8/31/20098:46 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 9/1/200910:19 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/1/2009 1 :28 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/2/20099:07 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 912/2009 4:03 PM Approved By Leo E, Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/18120095:18 PM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16F. COUN... 9/23/2009 ,.. Agenda Item No. 16F1 September 29, 2009 Page 3 of 13 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this 29th day of September, 2009, 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 caIled "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 October 19, 2005, by Jeb Bush, 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 and all 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), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shaIl 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 Agenda Item No. 16F1 September 29, 2009 Page 4 of 13 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 contract 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 term of this Agreement shall be from October 1,2009, through September 30, 2010. 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 Agenda Item No. 16F1 September 29, 2009 Page 5 of 13 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, 2009, .the amount of one million eighteen thousand one hundred dollars ($1,018,100) by semimonthly payments ending September 30, 2010. 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 be in 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 examiner(s) 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 would necessitate 3 ~ ,--- ______n..___.______....____ Agenda Item No. 16F1 September 29, 2009 Page 6 of 13 extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the eve~t 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 retain the 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 man made 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 4 Agenda Item No. 16F1 September 29, 2009 Page 7 of 13 will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. 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 Examiner. 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 required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for 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 406.16, 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 condition precedent 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 said insurance coverage. 5 ..~-,~--. Agenda Item No. 16F1 September 29, 2009 Page 8 of 13 SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN 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 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 humanitarian and/or charitable services under this paragraph shall not be considered part ofthe 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 lOth 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 Examiner shall not be considered as an employee or agent of the County. The Medical Examiner 6 Agenda Item No. 16F1 September 29, 2009 Page 9 of 13 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. 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 ofthe County. C. Pursuant 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 counsel. 7 ~..."'-- Agenda Item No. 16F1 September 29, 2009 Page 10 of 13 SECTION XII 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, Ste 445 Naples, Florida 34113 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within fifteen (15) days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any 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 now 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. 8 Agenda Item No. 16F1 September 29, 2009 Page 11 of 13 SECTION XIV INDEMNIFICATION The Medical Examiner, shall hold hannless 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 provision shall not be limited in any way by the agreed-upon compensation under 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 sole negligence 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 intent to 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 violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District Twenty; (4) Any violation of the Medical Examiner'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 ,,,,- - Agenda Item No. 16F1 September 29, 2009 Page 12 of 13 (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. 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 FEES 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 Agenda Item No. 16F1 September 29, 2009 Page 13 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman MEDlCALE~ S' e/D e ~burn, M.D. Medical Examiner ~~ ;&7';f(j Florida District Twenty Date: ~ fi/ eJ-tO'j Typed or Printed N~e Second Witness ~ ' tf!t9>/oi ~/. ~ Signature / Date (</crlMP ;l / fA..p'fL 15 (N Approved as to form and Typed or Printed Nanie legal suffi~ ~ Assist County Attorney -:r- ~ tV N IFf. (<- 8. ~ \\' f.... 11 ~...._-...