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)
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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
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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;
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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
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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.
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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
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ending September 30, 2012. E
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B. Payments from the County to the Medical Examiner of the compensation set forth in E
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paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th
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of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be E
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made on the next County business day. It is expressly understood that each semimonthly ii
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payment shall be made for the services furnished for the preceding period of time. As a
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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.
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C. The Medical Examiner agrees and understands that under the terms of this L
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Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s))
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must be maintained in order to perform the Medical Examiner duties set forth under this x
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Agreement and by Chapter 406, Florida Statutes.
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D. The County agrees and understands that the compensation provided for under this
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Agreement to the Medical Examiner is intended to cover the anticipated normal
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activities/workload of the Medical Examiner, based upon past statistics and reasonable
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projections. The County acknowledges and agrees that the semimonthly compensation of the c
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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
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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.
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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
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submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take
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reasonable care with and maintain and repair any equipment provided by the County. The Q
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County agrees to include all equipment reasonably required by the Medical Examiner in the
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annual medical examiner budget submitted to the Board of County Commissioners for approval. x
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C. Except as otherwise provided in this Agreement, the Medical Examiner shall be
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solely responsible for the payment of all normal and ordinary services, fees, and costs
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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
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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.
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SECTION VII REPORTS E
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The Medical Examiner agrees to provide to the County quarterly reports which shall E
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include, minimally the following:
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A. Number of all investigations and narrative reports for non -autopsy medical examiner c
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cases; x
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B. Number of all autopsies performed;
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C. Court cases and medical/legal conferences, number and hours spent;
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D. Number of authorizations for all cremations and burials at sea and anatomical N
dissections;
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E. Number of hours of scene investigations;
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F. Any other activities not described above. Qi
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The quarterly report shall be submitted by the 1 Oth day of the month to the County's Emergency
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SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR
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A. It is hereby stated to be the expressed intent of the parties that under this Agreement to
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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
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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.
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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
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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.
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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;
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(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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written.
ATTEST:
Dwi ht E. Brock, Clerk
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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
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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.
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Amendment #9 to Contract 11-5776
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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)
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Amendment #9 to Contract 11-5776
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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
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Amendment #9 to Contract 11-5776
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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
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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
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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
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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
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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)
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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