Agenda 09/24/2024 Item #16F 3 (Agreement No. 11-5776 - Medical Examiner- To provide for Medical Examiner Services for Collier County)9/24/2024
Item # 16.F.3.
ID#: 2024-1056
Executive Summary
Recommendation to approve and authorize the Chairman to sign the Fourteenth 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, 2025.
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
Agreement No. 11-5776 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 Agreement No. 11-5776 to be
effective October 1, 2024, through September 30, 2025, and increase the compensation for the Medical Examiner’s
services and for payments that the County makes 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 total allocated
amount of $2,248,400.
FISCAL IMPACT: Funding for this amendment, totaling $2,248,400, is included with the FY2025 Medical Examiners
Services budget request within General Fund (0001). This represents an increase of $84,600, or 3.9%, over the FY2024
amount of $2,163,800.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality, and requires majority vote for Board approval. -JAK
RECOMMENDATIONS: To approve and authorize the Chairman to sign the attached Fourteenth Amendment to
Agreement No. 11-5776 for Medical Examiner Services, extending the term of that Agreement to be effective October
1, 2024, through September 30, 2025, and comprising a total allocation for these services in the amount of $2,248,400.
PREPARED BY: Christine Boni, Accountant II, Bureau of Emergency Services/Emergency Management
ATTACHMENTS:
1. 11-5776 Fourteenth Amendment
2. Amendment #1
3. Amendment #2
4. Amendment #3
5. Amendment #4
6. Amendment #5
7. Amendment #6
8. Amendment #7
9. Amendment #8
10. Amendment #9
11. Amendment #10
12. Amendment #11
13. Amendment #12
14. Amendment #13
15. Medical Examiners Agreement 11-5776
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$MSNDMENT s
I l-s??6 ApBWMn'NT rgR, MpDIQAL EX.$rgF{nR s$,&ylcs's
THIS AMENDMENT TO AGREEMEN'| FOR MEDTCAL EXAMINNR SERVICES
("Amendment") is entered into and is effestive on this lst day of Octctrer, 2016, by and between
Marta U. Cobum, M.D., Florida District Twenty Medical Examiner for Collier County, Florida,
doing business as District 20 Medical Examiner, Inc.n a Florida for Profit Corporation
(hereinafter called "Medical Examiner") and the Board of County Commissioners sf Collier
County, Florida (hereinafter called "County'), collectively referred to as the "parties."
RECITALS:
WHEREAS, the parties entsred into an Ageement for Medical Examinet Senrices
("Agreement') dated September 27 , 201I , a copy of which is atlached 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 Agreernent and to clariff their
respective responsibilities for certain costs relating to customary versus extraordinary
mainlenance and services regarding the upkeep of the Medical Examiner's Facility.
WITNE$SLTH:
NOW, THEREFORE, in consideration of Ten trollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the cov€nants
$antained herein, the parties agxee as follows:
1. All of the above RECITALS axe true and correct and are hereby tixpressly
incorporated herein by reference as if set forth fully bslow,
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 III, Paragraph A of the Agreement is replaced in its entirety to ncw read
as follows:
"Ihe County hereby egrees to compensate the Medical Examiner for services to be
performed for the term of this Agreement, begrnmng on October 1,2016, the amount of
one million two hundred forty-six thousand three hundred dollars ($1,246,300) by
semimonthly payments endiug September 30,2An. In addition, the County will make
payments on behalf cf the Medical Examiner for County-allocated charges consisting of
Information lechnolog;r costs and General, Froperty, and Liability insurances in total of
thirfy-seven thousand eight hundred dollars ($37,800). Any modifications to this Contract
shall be in compliancs with the County Procurement Ordinance and Procedures in effect
at the time such modifications are authorized.
Am€ndment *5 to Contract lt-57V6 @
Page 3590 of 4908
4.ExceptasmodifiedbythisAnrendme'nt,thefureeme'ntshallr€tnaininfullforce
and effect" If thcre i,
"
*oni"t U.tt""* the terms of this Amendment and the Agreement' the
terms of this Amenfuient shall p'revail'
INwTlNEssWHEREoF,thePafiiesheretohavecausedthisAmendmenttobe
executed by their appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BROPK, Clc*
By:
eignature on\. "
Approved as to Form and kgalitY:
'l"lu.
BOARD OF COIJNTY COMMSSIONERS
COLLIER COUNTY, FLORIDA
MEDICAL EXAMINER
Bvtt
U. Coburn
M.D. Medical Examiner
Florida District TwentY
Am.ndmera fS to Co.|tract 11-526
Page 3591 of 4908
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16E 1
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.
Amendment#8 to Contract 11-5776
Page 3596 of 4908
16E I
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)
2
Amendment#8 to Contract 11-5776
Page 3597 of 4908
16E I.
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: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Comptroller and COLLIER COUNTY, FLORIDA
Clerk ofCAtxts „'' f,,,
62)
BM filLk-- ' 1lfft . _ By: 441110
Attest as toChairman's, .-
II`•uty T illiam L. McDaniel, Jr., airman
signature only.
Approv:1 a t for and legality:
owlBy: MLA& 4
Jeff 111
A atz ow, County Attorney
MEI CALEXAMINER
Br„,, ,,,
arta U. Coburn
M.D. Medical Examiner
Florida District Twenty
3
Amendment 48 to Contract 11-5776
Page 3598 of 4908
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 1st 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
Page 3599 of 4908
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 i
Page 3600 of 4908
IN WITNESS WHEREOF, the executed have this Ninth Amendment by authorized
agent(s), as of the date first above written.
ATTEST:BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Comptroller and COLLIER COUNTY, FLORIDA
Clerk of Courts
tCatBy:By:
Attest as to Chairman s ; epu rk Burt L. Saunders, Chairman
signature only.
Approved Form a Leg ity:
By: 911
Scott R. Teach, Deputy County Attorney
MEDICAL EXAMINER
By:ife aletideeitC2
Marta U. Coburn
M.D. Medical Examiner
Florida District Twenty
3
Amendment#9 to Contract 11-5776
t ;'
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ELEVENTH AMENDMENT TO
AGREEMENT NO. 11-5776
FOR MEDICAL EXAMINER SERVICES
THIS ELEVENTH AMENDMENT TO AGREEMENT NO. 11-5775 FOR MEDICAL
EXAMINER SERVICES (the "Amendment") is entered into and is effective on this 1st day of
October, 2021, 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 No. 11-5775 for Medical Examiner
Services (the "Agreement") dated September 27, 2011, a copy of which is attached hereto; and
WHEREAS, the Board approved the Ninth Amendment to the Agreement on September
22, 2020 (Agenda Item 16.E.1), with the Tenth Amendment being administratively approved on
October 7, 2020, to correct the payment ending date from September 30, 2020 to September 30,
2021; and
WHEREAS, the parties wish to extend the term of the Agreement and to clarify their
respective responsibilities for certain costs relating to County-allocated charges consisting of
Information Technology costs as well as General, Property, and Liability insurances pertaining to
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
Amendment#11 to Contract 11-5776 CAO
Page 3614 of 4908
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, 2021 through September 30, 2022.
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, 2021, the amount of
One Million Eight Hundred Forty-Eight Thousand Seven Hundred Dollars
1,848,700) by semimonthly payments ending September 30, 2022. 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-Three Thousand Nine Hundred Dollars ($53,900).
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 CAO
Amendment#11 to Contract 11-5776
Page 3615 of 4908
IN WITNESS WHEREOF, the parties executed this Eleventh Amendment by their
authorized agents as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,Comptroller and COLLIE 0 TY, FLORIDA
Clerk of Cqurts .. , L4/14-
By: V& 0( . By
A1/1
eputy Clerk PENNY TAYLOR, Chair
Attestto.Chone40
signature'anI
Approved as to Form and Legality:
By: P/2e--
ott R. Teach
Deputy County Attorney
MEDICAL EXAMINER
atle,G(AA,t it4XC)By
Marta U. Coburn
M.D. Medical Examiner
Florida District Twenty
t`
3 CAO
Amendment#11 to Contract 11-5776
Page 3616 of 4908
TWELFTH AMENDMENT TO
AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS TWELFTH AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER
SERVICES ("Amendment") is entered into and is effective on this 1st day of October, 2022, 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 Eleventh Amendment to the Agreement was approved by the Board on
September 28, 2021 (Agenda Item 16.H.1); and
WHEREAS, the parties wish to extend the term of the Agreement and to clarify their
respective responsibilities pertaining to compensation for the Medical Examiner's services and for
certain costs relating to County-allocated charges consisting of Information Technology costs as
well as General, Property, and Liability insurances pertaining to 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 frilly below.
1
Amendment#12 to Contract 11-5776
Page 3617 of 4908
2.Section I of the Agreement is hereby amended by extending the term of the
Agreement from October 1, 2022 through September 30, 2023.
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, 2022, in the amount of
Two Million Seven Thousand Six Hundred Dollars ($2,007,600) by semimonthly
payments ending September 30, 2023. 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 the total amount
of Sixty One Thousand Five Hundred Dollars ($61,500). 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 further 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#12 to Contract 11-5776
CPage 3618 of 4908
IN WITNESS WHEREOF, the executed have this Twelfth Amendment by authorized
agents, as of the date first above written.
ATTEST:BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Comptroller and COLLIER COUNTY, FLORIDA
Clerk of Colitis
S. F
l 0
By:
r
a# -W. By:
Attest aS O R' 'm' deputy Clerk Wi am L. McDaniel, Jr., Chairman
ci,_
St ature tm111'
5'tit i N 1,1 °'*.
Approv Form and e ality:
By:
R. Te ch
Deputy County Attorney
MEDI L EXAMINER
By:
I I12 2117/11/`-Q4
arta U. Coburn
M.D. Medical Examiner
Florida District Twenty
3 r
Amendment#12 to Contract 11-5776 A
Page 3619 of 4908
Client#: 711232 DISTR201
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 6/09
DATE(M/
2022
WDD1M/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Gabriela Kelley
Marsh&McLennan Agency PHONE 727 447-6481 FAX
NC,No,Ext): A/C,No):
Bouchard Region E-MAIL
abriela.kelle marshmma.com
101 N.Starcrest Drive
ADDRESS: 9 y@marshmma.com
AFFORDING COVERAGE NAIC#
Clearwater, FL 33765
INSURER A:Employers Preferred Insurance Company 10346
INSURED INSURER B:Lloyds of London 555555
District 20 Medical Examiner
INSURER C:
3838 Domestic Avenue
INSURER D:
Naples, FL 34104
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSMOLIC/YEFF (MM/DDIVYYY)
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE T RENTED
CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS-COMP/OPAGG $
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$
A WORKERS COMPENSATION EIG277943403 11/30/2021 11/30/2022 X IPERSTATUTE I IOTH-ERANDEMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 100,000
OFFICER/MEMBER EXCLUDED? y N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000
B Professional Liab LHM793384 12/16/2021 12/16/2022 $1,000,000/claim
3,000,000/aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Workers Comp Information**
Other States Coverage
Proprietors/Partners/Executive Officers/Members Excluded:
Marta U Coburn, MD, Owner
All states except ND, OH,WA,WY,self-insured states,those
See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
COLLIER COUNTY BOARD OF COUNTY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS.
3327 TAMIAMI TRAIL EAST
NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
S10925029/M10924997 RCGXK
Page 3620 of 4908
DESCRIPTIONS (Continued from Page 1)
states insu
Supplemental Name**
First Supplemental Name applies to all policies-District 20 Medical Examiner, Inc.
SAGITTA 25.3(2016/03) 2 of 2
S10925029/M10924997
Page 3621 of 4908
THIRTEENTH 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, 2023, 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 Twelfth Amendment to the Agreement was approved by the Board on
September 27, 2022 (Agenda Item 16.F.4); and
WHEREAS, the parties wish to extend the term of the Agreement and to clarify their
respective responsibilities pertaining to compensation for the Medical Examiner's services and for
certain costs relating to County-allocated charges consisting of Information Technology costs as
well as General, Property, and Liability insurances pertaining to 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#13 to Contract 11-5776 Ch°
Page 3622 of 4908
2.Section I of the Agreement is hereby amended by extending the term of the
Agreement from October 1,2023 through September 30, 2024.
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 1,2023, in the amount of
Two Million Ninety-One Thousand Nine Hundred Dollars ($2,091,900) by
semimonthly payments ending September 30, 2024. 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 the
total amount of Seventy-One Thousand Nine Hundred Dollars ($71,900). Any
modifications to this Contract shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized."
4. Except as further modified by this Amendment,the Agreement shall remain in full
force and effect. If there is a conflict between the terms of this Amendment and the Agreement,
the terms of this Amendment shall prevail.
Signature Page to Follow)
2
Amendment#13 to Contract 11-5776 CAO
Page 3623 of 4908
IN WITNESS WHEREOF, the executed have this Thirteenth Amendment by authorized
agent(s),as of the date first above written.
ATTEST:BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,-Co • • •r and COLLIER COUNTY, FLORIDA
Clerk of Courts
IBy: '. By:2f
Atfes$as trr; rRj '- ' Deputy Clerk Rick LoCastro,Chairman
I , gnat e o y
k
pp77
Approved o Form and Legal` :
By:
Scott R. each
Deputy County Attorney
MEDICAL EXAMINER
B
arta U. Coburn
M.D. Medical Examiner
Florida District Twenty
1 3 I cPo
Amendment#13 to Contract 11-5776
Page 3624 of 4908
AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made
and entered into this 27th day of September 201.1, 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;
and
WHEREAS, Section 406.08(1), Florida Statutes,provides that fees, salaries and expenses
for the Medical Examiner's office may be paid from the general funds or any other funds under
CAO
Page 3625 of 4908
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
CAO
Page 3626 of 4908
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 (51,023,800) by semimonthly payments
ending September 30, 201.2.
B. Payments from the County to the Medical Examiner of the compensation set forth in
paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th. or 30th
of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be
made on the next County business day. It is expressly understood that each semimonthly
payment shall be made for the services furnished for the preceding period of time. As a
condition of said semimonthly payment by the County, the Medical Examiner shall be in full
compliance with Section VII of this Agreement regarding reports.
C. The Medical Examiner agrees and understands that under the terms of this
Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s))
must be maintained in order to perform the Medical Examiner duties set forth under this
Agreement and by Chapter 406, Florida Statutes.
D. The County agrees and understands that the compensation provided for under this
Agreement to the Medical Examiner is intended to cover the anticipated normal
activities/workload of the Medical Examiner, based upon past statistics and reasonable
projections. The County acknowledges and agrees that the semimonthly compensation of the
Medical Examiner set forth in this Section has been established without consideration of
disasters or occurrences of an unusual nature or magnitude such as would necessitate
extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under
CAO
Page 3627 of 4908
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
CAO
Page 3628 of 4908
B. All capital equipment needed and budgeted by the County for use by the Medical
Examiner shall be purchased by, and be inventoried through, the County as County property.
The procurement of said equipment shall be approved by the Collier County Emergency
Management Director in accordance with the Collier County Purchasing Policy, upon
submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take
reasonable care with and maintain and repair any equipment provided by the County. The
County agrees to include all equipment reasonably required by the Medical Examiner in the
annual medical examiner budget submitted to the Board of County Commissioners for approval.
C. Except as otherwise provided in this Agreement, the Medical Examiner shall be
solely responsible for the payment of all normal and ordinary services, fees, and costs
encumbered in the course of the Medical Examiner's office's operation.
SECTION V PROFESSIONAL LIABILITY INSURANCE
Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical
Examiner's professional liability insurance, This payment shall be in addition to the
semimonthly compensation paid to the Medical Examiner by the County under Section III of this
Agreement. As a condition precedent to the County paying for the Medical Examiner's
professional liability insurance, the Medical Examiner shall present to the County an original
invoice evidencing the purchase by the Medical Examiner of said insurance coverage.
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
CAo
Page 3629 of 4908
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.
SECTION'VII REPORTS
The Medical. Examiner agrees to provide to the County quarterly reports which. shall
include, minimally the following:
A. Number of all investigations and narrative reports for non-autopsy medical examiner
cases;
B. Number of all autopsies performed;
C. Court cases and medical/legal conferences, number and hours spent;
D. Number of authorizations for all cremations and burials at sea and anatomical
dissections;
E. Number of hours of scene investigations;
F. Any other activities not described above.
The quarterly report shall be submitted by the 10th day of the month to the County's Emergency
Management Director.
SECTION VIII MEDICAL EXAMNER AS INDEPENDENT CONTRACTOR
A. It is hereby stated to be the expressed intent of the parties that under this Agreement
the Medical Examiner shall act exclusively as an independent contractor rendering professional
services for the County in accordance with. Chapter 406, Florida Statutes, and the Medical
Examiner shall not be considered as an employee or agent of the County. The Medical Examiner
shall be solely responsible for the payment of all applicable taxes for compensation paid to the
Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not
be eligible for,nor participate in, any fringe benefits from the County.
E
CAO
Page 3630 of 4908
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 406.1.6, 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,
CAO ,
Page 3631 of 4908
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 341.04
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 341.1.3
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.
a
CAo
Page 3632 of 4908
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 TERMINATION AND CONTINUITY OF SERVICES
A. This Agreement may be terminated by either party upon ninety.(90) days written
notice to the other party by certified mail, return receipt requested. The parties shall deal with'
each other in good faith during the ninety-day period after any notice of any intent to terminate
has been given. Either party may terminate. this Agreement immediately for reasonable cause,
upon written notice to the other. Reasonable cause shall include but not he 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 andlor 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
CAO
Page 3633 of 4908
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,
c
CAO
Page 3634 of 4908
I
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written,
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwitht,E. Brock, Clerk COLLIER COUNTY, FLORIDA
epUty Crk Fred W. Coyle, Chairman
t.teit, -iii :to• Cha tr-rbeg i
ii.patiii:oit#
First WittiesS MEDICAL EXAMINER
k21-4./v14. .---
SignatureqDate , - ( - ii Marta U. Coburn, M.D, Medical Examiner
Florida District Twenty
r 1•42)rj e..... (I , i-6-rik'S 0 irs, Date:
Typedr Printed Name
Second Witness
Signature/ Date gilt 20(t
E (Alomt3c--,c- Ap*oved fs to form and
Typed or Printed Name legil,s .qiet.„25.
Vktbr
Jeffre Al atzkow
Coun:,i'AAtomey
II
CA 0
Page 3635 of 4908
AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made
and entered into this 27th day of September 201.1, 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;
and
WHEREAS, Section 406.08(1), Florida Statutes,provides that fees, salaries and expenses
for the Medical Examiner's office may be paid from the general funds or any other funds under
CAO
Page 3636 of 4908
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
CAO
Page 3637 of 4908
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 (51,023,800) by semimonthly payments
ending September 30, 201.2.
B. Payments from the County to the Medical Examiner of the compensation set forth in
paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th. or 30th
of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be
made on the next County business day. It is expressly understood that each semimonthly
payment shall be made for the services furnished for the preceding period of time. As a
condition of said semimonthly payment by the County, the Medical Examiner shall be in full
compliance with Section VII of this Agreement regarding reports.
C. The Medical Examiner agrees and understands that under the terms of this
Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s))
must be maintained in order to perform the Medical Examiner duties set forth under this
Agreement and by Chapter 406, Florida Statutes.
D. The County agrees and understands that the compensation provided for under this
Agreement to the Medical Examiner is intended to cover the anticipated normal
activities/workload of the Medical Examiner, based upon past statistics and reasonable
projections. The County acknowledges and agrees that the semimonthly compensation of the
Medical Examiner set forth in this Section has been established without consideration of
disasters or occurrences of an unusual nature or magnitude such as would necessitate
extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under
CAO
Page 3638 of 4908
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
CAO
Page 3639 of 4908
B. All capital equipment needed and budgeted by the County for use by the Medical
Examiner shall be purchased by, and be inventoried through, the County as County property.
The procurement of said equipment shall be approved by the Collier County Emergency
Management Director in accordance with the Collier County Purchasing Policy, upon
submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take
reasonable care with and maintain and repair any equipment provided by the County. The
County agrees to include all equipment reasonably required by the Medical Examiner in the
annual medical examiner budget submitted to the Board of County Commissioners for approval.
C. Except as otherwise provided in this Agreement, the Medical Examiner shall be
solely responsible for the payment of all normal and ordinary services, fees, and costs
encumbered in the course of the Medical Examiner's office's operation.
SECTION V PROFESSIONAL LIABILITY INSURANCE
Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical
Examiner's professional liability insurance, This payment shall be in addition to the
semimonthly compensation paid to the Medical Examiner by the County under Section III of this
Agreement. As a condition precedent to the County paying for the Medical Examiner's
professional liability insurance, the Medical Examiner shall present to the County an original
invoice evidencing the purchase by the Medical Examiner of said insurance coverage.
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
CAo
Page 3640 of 4908
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.
SECTION'VII REPORTS
The Medical. Examiner agrees to provide to the County quarterly reports which. shall
include, minimally the following:
A. Number of all investigations and narrative reports for non-autopsy medical examiner
cases;
B. Number of all autopsies performed;
C. Court cases and medical/legal conferences, number and hours spent;
D. Number of authorizations for all cremations and burials at sea and anatomical
dissections;
E. Number of hours of scene investigations;
F. Any other activities not described above.
The quarterly report shall be submitted by the 10th day of the month to the County's Emergency
Management Director.
SECTION VIII MEDICAL EXAMNER AS INDEPENDENT CONTRACTOR
A. It is hereby stated to be the expressed intent of the parties that under this Agreement
the Medical Examiner shall act exclusively as an independent contractor rendering professional
services for the County in accordance with. Chapter 406, Florida Statutes, and the Medical
Examiner shall not be considered as an employee or agent of the County. The Medical Examiner
shall be solely responsible for the payment of all applicable taxes for compensation paid to the
Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not
be eligible for,nor participate in, any fringe benefits from the County.
E
CAO
Page 3641 of 4908
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 406.1.6, 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,
CAO ,
Page 3642 of 4908
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 341.04
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 341.1.3
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.
a
CAo
Page 3643 of 4908
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 TERMINATION AND CONTINUITY OF SERVICES
A. This Agreement may be terminated by either party upon ninety.(90) days written
notice to the other party by certified mail, return receipt requested. The parties shall deal with'
each other in good faith during the ninety-day period after any notice of any intent to terminate
has been given. Either party may terminate. this Agreement immediately for reasonable cause,
upon written notice to the other. Reasonable cause shall include but not he 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 andlor 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
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Page 3644 of 4908
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,
c
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Page 3645 of 4908
I
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written,
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwitht,E. Brock, Clerk COLLIER COUNTY, FLORIDA
epUty Crk Fred W. Coyle, Chairman
t.teit, -iii :to• Cha tr-rbeg i
ii.patiii:oit#
First WittiesS MEDICAL EXAMINER
k21-4./v14. .---
SignatureqDate , - ( - ii Marta U. Coburn, M.D, Medical Examiner
Florida District Twenty
r 1•42)rj e..... (I , i-6-rik'S 0 irs, Date:
Typedr Printed Name
Second Witness
Signature/ Date gilt 20(t
E (Alomt3c--,c- Ap*oved fs to form and
Typed or Printed Name legil,s .qiet.„25.
Vktbr
Jeffre Al atzkow
Coun:,i'AAtomey
II
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Page 3646 of 4908