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Agenda 09/22/2020 Item #16E 1 (9th Amendment to Contract #11-5776 Medical Examiner)09/22/2020 16.E.1 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Ninth Amendment to the Agreement for Medical Examiner Services (Agreement No. 11-5776 - Medical Examiner), which will extend the term of the Agreement to September 30, 2021. OBJECTIVE: To provide for medical examiner services for Collier County. CONSIDERATIONS: On August 18, 2011, Governor Rick Scott reappointed Dr. Marta U. Coburn, M.D. to serve as the District Twenty Medical Examiner. Thereafter, the Board, at its September 27, 2011 regular meeting, approved an agreement with Dr. Coburn (d/b/a District Twenty Medical Examiner, Inc.) to provide medical examiner services for Collier County. The attached proposed amendment will extend the term of that Agreement to be effective October 1, 2020 through September 30, 2021. The County will also make payments on behalf of the Medical Examiner for County -allocated charges consisting of Information Technology costs as well as General, Property, and Liability insurances in the amount of $52,500. FISCAL IMPACT: Funds in the amount of $1,873,000 are budgeted in the General Fund (001) Medical Examiners Services for FY21. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.-SRT RECOMMENDATION: To approve and authorize the Chairman to sign the attached Ninth Amendment to Agreement # 11-5776 for Medical Examiner Services, extending the term of that Agreement to be effective October 1, 2020 through September 30, 2021, and comprising a total allocation for these services in the amount of $1,873,000. Prepared by: Christine Boni, Sr. Accountant, Bureau of Emergency Services/Emergency Management ATTACHMENT(S) 1. 11-5776 Medical Examiner Agreement (PDF) 2. 11-5776 MedicalExaminer Amend#9 VendorSigned (PDF) 3. Amendment #1 (PDF) 4. Amendment #2 (PDF) 5. Amendment #3 (PDF) 6. Amendment #4 (PDF) 7. Amendment #5 (PDF) 8. Amendment #6 (PDF) 9. Amendment #7 (PDF) 10. Amendment #8 16E 1 (PDF) Packet Pg. 1626 16. E.1 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Doe ID: 12983 Item Summary: Recommendation to approve and authorize the Chairman to sign the Ninth Amendment to the Agreement for Medical Examiner Services (Agreement No. 11-5776 - Medical Examiner), which will extend the term of the Agreement to September 30, 2021. Meeting Date: 09/22/2020 Prepared by: Title: Accountant — Emergency Management Name: Christine Boni 07/21/2020 8:27 AM Submitted by: Title: Division Director - Bureau of Emer Svc — Emergency Management Name: Daniel Summers 07/21/2020 8:27 AM Approved By: Review: Administrative Services Department Emergency Management Administrative Services Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Paula Brethauer Level 1 Department Reviewer Daniel Summers Additional Reviewer Len Price Level 2 Department Head Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Wells Additional Reviewer Sean Callahan Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 07/21/2020 1:42 PM Completed 09/08/2020 3:37 PM Completed 09/08/2020 3:46 PM Completed 09/09/2020 10:09 AM Completed 09/09/2020 11:14 AM Completed 09/09/2020 12:48 PM Completed 09/09/2020 3:01 PM Completed 09/14/2020 2:37 PM 09/22/2020 9:00 AM Packet Pg. 1627 16.E.1.a 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 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) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; m 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 Packet Pg. 1628 16.E.1.a 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, 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 Packet Pg. 1629 16.E.1.a 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, 2011, the amount of one million twenty-three thousand eight hundred dollars ($1,023,800) by semimonthly payments r c as ending September 30, 2012. E c as B. Payments from the County to the Medical Examiner of the compensation set forth in E Q r paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th W c of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be E cc w made on the next County business day. It is expressly understood that each semimonthly ii �a payment shall be made for the services furnished for the preceding period of time. As a M condition of said semimonthly payment by the County, the Medical Examiner shall be in full a compliance with Section VII of this Agreement regarding reports. E C. The Medical Examiner agrees and understands that under the terms of this L a Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s)) c must be maintained in order to perform the Medical Examiner duties set forth under this x w Agreement and by Chapter 406, Florida Statutes. as D. The County agrees and understands that the compensation provided for under this to ti ti Agreement to the Medical Examiner is intended to cover the anticipated normal r activities/workload of the Medical Examiner, based upon past statistics and reasonable E projections. The County acknowledges and agrees that the semimonthly compensation of the c a 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 extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under 3 Packet Pg. 1630 16.E.1.a 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 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 will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. 4 Packet Pg. 1631 16.E.1.a 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 c as submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take c as reasonable care with and maintain and repair any equipment provided by the County. The Q r County agrees to include all equipment reasonably required by the Medical Examiner in the c . annual medical examiner budget submitted to the Board of County Commissioners for approval. x w C. Except as otherwise provided in this Agreement, the Medical Examiner shall be �a a� solely responsible for the payment of all normal and ordinary services, fees, and costs M 00 encumbered in the course of the Medical Examiner's office's operation. N 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. 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 5 Packet Pg. 1632 16.E.1.a 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 of the official duties of the Medical Examiner. r c SECTION VII REPORTS E c . The Medical Examiner agrees to provide to the County quarterly reports which shall E Q include, minimally the following: L A. Number of all investigations and narrative reports for non -autopsy medical examiner c E cc cases; x w B. Number of all autopsies performed; a� C. Court cases and medical/legal conferences, number and hours spent; M D. Number of authorizations for all cremations and burials at sea and anatomical N dissections; a� E. Number of hours of scene investigations; L F. Any other activities not described above. Qi L The quarterly report shall be submitted by the 1 Oth day of the month to the County's Emergency E Management Director. w SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR as A. It is hereby stated to be the expressed intent of the parties that under this Agreement to ti ti 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 E 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 a 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. 6 Packet Pg. 1633 16.E.1.a 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. 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 Packet Pg. 1634 16.E.1.a 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, Suite 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 Packet Pg. 1635 16.E.1.a SECTION XIV INDEMNIFICATION 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 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 TERMD\TATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either parry 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 Packet Pg. 1636 16.E.1.a (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. _moo r c ro- E c as E Q rn L c E M x w �a a� M 00 CD tV C N E N d L a LI E M x w �a m to ti ti c as E a Packet Pg. 1637 16.E.1.a IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: Dwi ht E. Brock, Clerk i e�sst ty Cf. rk AtteN eS tn. CAa 1.'. `First Witness Signature Date C _ Hc-ar-F,'S o n Typed r Printed Name Second Witness Signature / Date gl%zott RP,xAN E MQ Typed or Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. .sZ Fred W. Coyle, Chairman MEDICAL EXAMINER Marta U. Coburn, M.D, Medical Examiner Florida District Twenty Date: 010 11 a Packet Pg. 1638 16.E.1.b NINTH 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 1 st day of October, 2020, 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 Eighth Amendment to the Agreement was approved by the Board on September 24, 2019, Agenda Item 16.E.1, and is scheduled to terminate on September 30, 2020; and WHEREAS, the parties wish to extend the term of the Agreement, amend the cost of services and 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. 1 Amendment #9 to Contract 11-5776 Packet Pg. 1639 16.E.1.b 2. Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2020 through September 30, 2021. 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, 2020, the amount of One Million Eight Hundred Twenty Thousand Five Hundred Dollars ($1,820,500) by semimonthly payments ending September 30, 2020. In addition, the County will make payments on behalf of the Medical Examiner for County -allocated charges consisting of Information Technology costs, as well as General, Property, and Liability insurances in total of Fifty -Two Thousand Five Hundred Dollars ($52,500), 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. 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. (Signature Page to Follow) 2 Amendment #9 to Contract 11-5776 Packet Pg. 1640 16.E.1.b IN WITNESS WHEREOF, the executed have this Ninth Amendment by authorized agent(s), as of the date first above written. ATTEST: Crystal K. Kinzel, Comptroller and Clerk of Courts By: ,Deputy Clerk Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA fIn Burt L. Saunders, Chairman MEDICAL EXAMINER By: Marta U. Coburn M.D. Medical Examiner Florida District Twenty 3 Amendment #9 to Contract 11-5776 Packet Pg. 1641 I 16.E.1.c I AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES, ("Amendment") is made and entered into this 251h day of September, 2012, 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 initial term of the Agreement is scheduled to terminate on September 30, 2012; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property; and Liability insurances as set forth below. 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, 2012 through September 30, 2013. 3. Section III, Paragraph A of the Agreement is hereby amended to 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, 2012, the amount of one million, twenty-three thousand, seven hundred dollars ($1,023,700) by semimonthly payments ending September 30, 2013. In addition, the County will Pagel of 2 Packet Pg. 1642 I 16.E.1.c I 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 fifty-four thousand, one hundred dollars ($54,100). Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized." 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. Brock;9erk COLLIER COUNTY, FLORIDA By: By. Deputy leriv FRED W. COYLE, CHAIRMA �711aslta A*,t t as tO tht1rm ' _ . EDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Approved as to form and le al sufficiency: Emily R. Pep Assistant County Attorney Page 2 of 2 Packet Pg. 1643 16.E.1.d AMENDMENT 2 11-5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES, ("Amendment") is made and entered into thisgL&ay of _, 2013, 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 First Amendment dated September 25, 2012 is scheduled to terminate on September 30, 2013; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property, and Liability insurances as set forth below. 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, 2013 through September 30, 2014. 3. Section III, Paragraph A of the Agreement is hereby amended to 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, 2013, the amount of one million, twenty eight thousand, five hundred dollars ($1,028,500) by Page 1 of 2 A Packet Pg. 1644 16.E.1.d semimonthly payments ending September 30, 2014. 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 forty one thousand, one hundred dollars ($41,100). Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized." 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: Dwight E. Brock; Clerk By: . e Attest:as;to �ba . an's signature only. Approved as to Form and Legality: &Sistant County Attorney BOARD OF COUNTY'COMMISSIONERS COLLIER COUNTYALORIDA , Esq., Chairwoman EDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Page 2 of 2 0 Packet Pg. 1645 16.E.1.e AMENDMENT 3 11-5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES, ("Amendment') is made and entered into this day o ,\cv.,r, 2014, 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 Second Amendment dated September 24, 2013 is scheduled to terminate on September 30, 2014; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property, and Liability insurances as set forth below. 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, 2014 through September 30, 2015. 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, 2014, the amount of one million sixty-six thousand five hundred dollars ($1,066,500) by Pagel of 2 Packet Pg. 1646 16.E.1.e semimonthly payments ending September 30, 2015. 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-nine thousand seven hundred dollars ($39,700). Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 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: Dwight E. Brock, Clerk " , Deputy Clerk A ^st-at-to Chasrman's as j 'and legality: Jeffrey A. at ", County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER WUNTY ORIDA By: Tom Henning, Chairman MEDICAL EXAMINER ! -'k 1 /,,&, lv'glz� Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Page 2 of 2 Packet Pg. 1647 16.E.1.f AMENDMENT 4 11-5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES ("Amendment") is entered into and is effective on this 1 st day of October, 2015, 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 Third Amendment to the Agreement was approved by the Board on September 23, 2014, and is scheduled to terminate on September 30, 2015; 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, 2015 through September 30, 2016. 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, 2015, the amount of one million two hundred five thousand five hundred dollars ($1,205,500) by semimonthly payments ending September 30, 2016. 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-nine thousand three hundred dollars ($39,300). 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. Amendment #4 to Contract 11-5776 Packet Pg. 1648 16.E.1.f 4. Section IV, Paragraph A of the Agreement is hereby amended to read as follows: 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. The Medical Examiner strives to maintain an aesthetic appearance inside and outside the facility that comports with the solemnity owed to its visitors. Accordingly, all ordinary, customary and recurring costs of maintaining the facility and its area landscaping will be approved of and paid for by the Medical Examiner. Examples of such ordinary, customary and recurring costs include but are not limited to: • Basic Janitorial Services (interior cleaning, including floors and carpet (limited to vacuuming/sweeping), bathrooms and toiletries); • Minor (non -major systems) repairs; and • Basic Landscaping (mulch, cutting and edging) and light tree trimming at heights of less than ten (10) feet. The County shall bear extraordinary maintenance and repair costs of the Facility including but not limited to the following examples: • HVAC System, including Chiller and outside units; • Air Filters (replacements); • Interior and Exterior Painting; • Roofing System and related components; • Building Envelope (walls, windows, etc.); • Fire and Sprinkler Systems (if applicable); • Electrical Systems, including generators; • Gates and Security Systems; • Maintenance of natural areas, including the removal of exotic vegetation, and heavy trimming of trees at heights in excess of ten feet; • Parking Lot Maintenance; • Lighting System Maintenance (interior and exterior); • Advanced Flooring Maintenance (i.e., maintenance beyond sweeping/vacuuming, such as, carpet cleaning extraction services and replacement); • Rollup Door Systems; and • CCTV Camera Systems. The Medical Examiner and the County agree that the Medical Examiner shall undertake efforts to keep the County aware of the condition of laboratory equipment that is particularly expensive to repair or replace, including but not limited to equipment such as microscopes and refrigeration units, throughout the calendar year and during the annual budget setting process. Should there be an unanticipated failure of equipment necessary for the Medical Examiner to perform her statutory function, the County will replace or repair that equipment within a reasonable time period consistent with its procurement policy and with Section 406.08(5), Florida Statutes. 2 Amendment #4 to Contract 11-5776 Packet Pg. 1649 16.E.1.f 5. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B: �.. B: 5 --- y Deputy Clerk Tim Nance, Chairman Attest as to Chairman's signature only. Approve s to form and legality: By: G Scott R. each Deputy County Attorney MEDICAL EXAMINER B 4'arta U. Coburn M.D. Medical Examiner Florida District Twenty Amendment #4 to Contract 11-5776 Packet Pg. 1650 ..... ........ ... .... _..................__ .._ ____ 16.E.1.g AMENDMENT 5 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, 2016, 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 Fourth Amendment to the Agreement was approved by the Board on September 23, 2015, and is scheduled to terminate on September 30, 2016; 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, 2016 through September 30, 2017. 3. Section 11.1, 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, 2016, the amount of one million two hundred forty-six thousand three hundred dollars ($1,246,300) by semimonthly payments ending September 30, 2017. 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 0�0Amendment #5 to Contract 11-5776 Packet Pg. 1651 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: DWIGHT E. BROCK, Clerk By: Deputy C1 Alest as airman's, signature`only. Approved as to Form and Legality: By(�z sistant County Attorney Amendment Its to Contract 11-5776 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B 11 nna Fiala, Chairman MEDICAL EXAMINER Bye` arts U. Coburn M.D. Medical Examiner Florida District Twenty 0 Packet Pg. 1652 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 Octol.!'r, 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. Amendment #6 to Contract 11-5776 Packet Pg. 1653 16.E.1.h 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: DWIGHT E.,BROCK, Clerk By.L�u,� Deputy Clerk y Apprj Form and Le alit : By: 4L- ounty Attorney bewlt Amendment #6 to Contract 11-5776 BOARD OF OUNTY COMMISSIONERS CO rNTY, FLORIDA n Fenny laytipf, utiaiimanC./ckvz(-A -� MEDICAL, EXAMINER By, Marta U. Coburn M.D. Medical Examiner Florida District Twenty 0 Packet Pg. 1654 I 16.E.1 A SEVENTH 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 1 st day of October, 2018, 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 Sixth Amendment to the Agreement was approved by the Board on September 26, 2017, Agenda Item 16.E.2, and is scheduled to terminate on September 30, 2018; 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, 2018 through September 30, 2019. 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, 2018, the amount of one million three hundred ninety-nine thousand eight hundred dollars ($1,399,800) by semimonthly payments ending September 30, 2019. In addition, the County will make payments on behalf of the Medical Examiner for County -allocated charges consisting of General, Property, and Liability insurances in total of thirty-four thousand six hundred dollars ($34,600). 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 #7 to Contract 11-5776 CFO Packet Pg. 1655 16.E.1.i 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: , ,r v Crystal' ICinzel, Acting Clerk of Courts 4e'Clerk ,;,�`avt tas to Chairman's signature only. Approved as to Form and Legality: By: ri+ County Attorney CL'fU4 17 BOARD OF Y COMM ONERS COLLIER O , FLO By: Andy Solis, Esq., Chairman MEDIC L EXAMINER By: Marta U. Coburn M.D. Medical Examiner Florida District Twenty Amendment #7 to Contract 11-5776 Packet Pg. 1656 16E16.E.1.j EIGHTH 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, 2019, 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 Seventh Amendment to the Agreement was approved by the Board on September 25, 2018, Agenda Item 16.E.1, and is scheduled to terminate on September 30, 2019; 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. 1 Amendment #8 to Contract 11-5776 nCAO Packet Pg. 1657 16.E.1.jJ. 16 LM 2. Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2019 through September 30, 2020. 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, 2019, the amount of one million six hundred ninety thousand eight hundred dollars ($1,690,800) by semimonthly payments ending September 30, 2020. In addition, the County will make payments on behalf of the Medical Examiner for County -allocated charges consisting of Information Technology costs, as well as General, Property, and Liability insurances in total of fifty-one thousand five hundred dollars ($51,500). 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. 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. (Signature Page to Follow) r c as E c as E a rn as c E M x w as M ao rn N w ao r c as E a a) E Q a W E ca a z Amendment #8 to Contract 11-5776 CAC Packet Pg. 1658 ib16.E.1.j F. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by authorized agent(s), as of the date first above written. ATTEST: Crystal K. Kinzel; Comptroller and Clerk of Cvo�ts';w;'�, By:_._. l Attests to Chairm's- uty e signature o0l . " fo# and legality: Agratzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C` By: illiam L. McDaniel, Jr., airman Maart�a CAL EXAMINER B U. Coburn M.D. Medical Examiner Florida District Twenty Amendment #8 to Contract l 1-5776 Packet Pg. 1659