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Agenda 09/09/2025 Item #16F 1 (The Fifteenth Amendment to Agreement No. 11-5776, Medical Examiner Services, extending the term to September 30, 2026)9/9/2025 Item # 16.F.1 ID# 2025-2682 Executive Summary Recommendation to approve and authorize the Chairman to sign the Fifteenth Amendment to Agreement No. 11-5776, Medical Examiner Services, extending the term to September 30, 2026. (Fund 0001) OBJECTIVE: To continue to provide high-quality medical examiner services to 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. The Board subsequently approved Agreement 11-5776 with Dr. Coburn (d/b/a District Twenty Medical Examiner, Inc.) to provide medical examiner services for Collier County on September 27, 2011. The Agreement has been renewed annually by the Board via contract amendment. This proposed amendment will extend the term of the Agreement through September 30, 2026, and authorize expenditures for the Medical Examiner's services and payments that the County makes on behalf of the Medical Examiner for required insurance costs. This item is consistent with the Collier County strategic plan objective to support and enhance the County’s commitment to robust public safety services FISCAL IMPACT: Funding for this amendment is included in the proposed FY2026 budget under the General Fund (0001-144710) in the amount of $2,164,500. This represents a decrease of 3.7% from FY2025. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATIONS: To approve and authorize the Chairman to sign the Fifteenth Amendment to Agreement 11- 5776, Medical Examiner Services, extending the term to September 30, 2026 (Fund 0001) PREPARED BY: Charles Kammerer, Supervisor – Accounting, Corporate Financial & Management Services ATTACHMENTS: 1. 11-5776 Medical Examiner Amendment #15 2. 11-5776 Medical Examiner Agreement 3. 11-5776 Medical Examiner Amendment #1 4. 11-5776 Medical Examiner Amendment #2 5. 11-5776 Medical Examiner Amendment #3 6. 11-5776 Medical Examiner Amendment #4 7. 11-5776 Medical Examiner Amendment #5 8. 11-5776 Medical Examiner Amendment #6 9. 11-5776 Medical Examiner Amendment #7 10. 11-5776 Medical Examiner Amendment #8 11. 11-5776 Medical Examiner Amendment #9 12. 11-5776 Medical Examiner Amendment #10 13. 11-5776 Medical Examiner Amendment #11 14. 11-5776 Medical Examiner Amendment #12 15. 11-5776 Medical Examiner Amendment #13 16. 11-5776 Medical Examiner Amendment #14 17. 11-5776 Affidavit Regarding Labor and Services Page 1612 of 2661 Page 1613 of 2661 Page 1614 of 2661 Page 1615 of 2661 Page 1616 of 2661 Page 1617 of 2661 Page 1618 of 2661 Page 1619 of 2661 Page 1620 of 2661 Page 1621 of 2661 Page 1622 of 2661 Page 1623 of 2661 Page 1624 of 2661 Page 1625 of 2661 Page 1626 of 2661 Page 1627 of 2661 Page 1628 of 2661 Page 1629 of 2661 Page 1630 of 2661 Page 1631 of 2661 Page 1632 of 2661 Page 1633 of 2661 Page 1634 of 2661 Page 1635 of 2661 $MSNDMENT s I l-s??6 ApBWMn'NT rgR, MpDIQAL EX.$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 1636 of 2661 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 1637 of 2661 $.qxE4IrS.fIlEo.R, Mmq[p4Ii.EJ$]YrR{EF $EnYICns THIS AGRSEMPI{T FOR I4EDICAI ffiA},IINHR SERYISES, {Agree'meot), made and sltered. into this 2?&- day of *$glrobel, 201t, by and bctween MartaU. Coburn, ]r{.D-, Ftorida Dist'ist Tweuty Medi*al Exalnincr for Coliier Counfy, Ftorida, doing busi.ness as Dist'icr 20 Medical Exminer, a Florida for Fro6t Corpor*ior, (haeinafter called "MEdical Exmina"), and thc Board of Cousty Conrmissioners of Cpllier Coutty, Floridq itrcreina$u called "Cor$tt'). Medical pyrmincr and Cormty are hcreinafter collertively raferred to as the *parties," WIEREAS, Dr. h{srra U. Cobum was re-appoinied Florida Di$ict Twenty Medical Exau,iner for Coliier Couuty, Ftorida oa,{ugrrst 18, 2011, by Rick Scoc, Govanor of thc $ute oI tlonda;, a$o WIIER.pAS, Section 406.06(2), Florida Statutes, providcs thd thc Distist Medieal Exa:nirpr ruay appoint Assoc,iatc Medical ExenisEds) to provide nadical examiner sewices at all timcs ad ail places withitr tbe disnicr aud tbai said Associate Medical Examiner($ .chell serve at the pleasure of tbe Disticl Medical Exasrineu snd WFpREAS, Section 406.06(3), Florida Siafutes, ststes ihat District Medicst Exami*r(s) and Associatc Me.dioai Examinsr(si shail bs endtled to conpeirs*tion and zuoh raascnabls salary and fees as are establisbed by tbe Bosrd of County Commissioners in their respecrive disticq and Ifo'F$R-EAS, Section 406.08(1), Florida Sratutes, provides that fees, salsies rnd expmses for tbe Med.ical Exarriner's office may bc paid *om the general fi:nds or oay other fuxrds un&r Page 1638 of 2661 rhe comol of rho Bosrd"of comty cammissriouers and that the Mdical Examina shsll subtoit an sntrr$l budget to the Board of Couatf Canrmissioners; aad WT{ER.EAS, Seetion 406.08(5), Florida $tafises, provides that autopqy and labordory fscilities lIiiizod by tbe Disuicr !\4edical Examiner or Associatc Medical Exsrdne(* Bsy bc provided on e ptrr8sxrcnt o! aontmotusl basis by thE couoties witbb the disuist; md WHERRAS, Collisr co,.!tty desbes xo conbpt'wtfb Maria u. csbum' M-D" Florida Disirict Tweoty Medic$ Exaniner, doing br:siness as DisAict ?0 h{edical Examincr' lnc" a Florida carporation, to provide medical cxsminsl' ssrfices r:ndcr chrytrr 406, Florida stafules' as an i:rdependent contrestot, NOW, TI{ER5FORE, in cOnsideFlim of thp mutual covessnt$n tsrm&f co*ditions aad provisioas contaiued, bererg &e prnies do bereby agres as follows: sEqqqlfj TERM 0F AGRpEMEI'Ir The tcsm of this Agrcearent *all bc &om october l, 2011 through srytember 30,201?' sECnoN n PURF0$E AND scoPE oF co}\FrR4"cruAl SERYICES The Msdical Exminec bercby agregs to fi:rnish sefvices, tabor *ad all equipneat not othEnrise povided for, necessary fsr the complete perfmmarcc of tbe serviccs coatemplatd hererurdpr, to wit: t0 scrYo as Fiorida Diseict Twenty Medical Examiosr for Collier County' Florida in apoordsnc, with Cbaptec 406, Florida $t&utes, and thc stasdards promulgated by tbe Florida Medicat Examimr's Commission' Page 1639 of 2661 SBSII,pI{ ru COMPENSATION AND PAYnfg}rrs A, The Couary hrreby as:cgs to compensate tbc Medical Exarnir:er for sen:vices to be performcd for tbc term of rhis Agreenrcnt, beginlrkg on October 1, 2011, tbe mouut of one miliion rw€nty-tbree tbousand eigh hurdrtd doltats ($1,023,800) by scmimoothiy psynr€'lts ending Septanber 30, ?012' B. paymeats from the Cousty to the lv{adical Fxrmiua of tbe compenscioo set forth i:r paragraph A" above, ghall be made on tbc l5tb and 30th days of each nonlb. Htbe lstb or 30tb of the montb falls on a wcckend or a holirlay, the papnont to tbe MedicEI Exsminer shall be rnade oa tbe next County bruincss day. it is exprcssly understood that cacb soi:modbJy paymeol sh4lr be made for thc services furnished for the prcceding p€iod of time. As a cond.ition of said scrnimonthiy psymeot by tbe County, tbe Medical Examiner shnil be ilx full compliancc witb $ectioa !'iI of this Agr€nent regarding rqpcfis' C. The Medical Examiner agrces and understands tbqt undsr &c terms of this Agrecment, a firll profexional stas (ss$ociate medical ex$nine'f(s) and ar$opsy technician($) mwt be rnaibteid in order to pcrform the Medical Exami:oEr duties set forth undel this Agrccmeirt aod by Chapt*406, Florida $tautes' D. The County agees and undersrasds tbat &e compensatioa provided for under rhis Agrcemeut to tbe Medicai Examiner is intendsd to covct. tbe aaticipated normal activitiesworkload of the Medicat Exaoinar, based upoo pg$t $tslistiss and reasocable projeetions, Thc County acloowl*dges and apees &et tbe seminoathly comp*asation of the hrledicat Exaniner set for*r in rhis Section bas besn e$rablishcd witbox coa$ideratiCIo of disastsrs Or OgsulrencES of an unr:$I8l traOJrC or magni8idc srrch as wOUId nscessitatt extraodinary e>pcnditwe on tbc p*ut of tbe Medisal Exscinst b ful$$ing the obligations under Page 1640 of 2661 &is Agrment ud Chaptsr 406, Rorida $t3tr*es. Ill &e evetl of sricb disasta(s) or occutrence(s), thc Mcdicat sxdmincr shall consult with snd shall seek, br* not necessarily obtain; tbc aprproval of the Collier County Emergency Management DireCor or hi#ber dosignee, fo1 lsy additioual expe,nditr:res" The Medisal Exarniner shall i$ all er/aCIts rgtain tbc rig.i$ to snd shall then pctitioa the Board of Corrnty Commigsioners !o reimbr.rse tbe Mcdical Exami:ter for all exnaordinary expenses and compcrsation which are jugificd and iacurrEd by the Mcdical Examiaer due t0 said disaster(s) or occurrence(s). The Medicat Exaeiner sba[ provide inwicec and receipts ia an itcndzed mErner to $upport tbe petition to tbe Bosrd of County Corasrissioncrs for exkaordinary coupentetion and cxpcnditurer. Exanrples of ortraordinry disasters or occurrences lnshrde, but are aor limited to; aircrafr, bus aad boat accidcEts wbwc a simult&eous large loss of tife has ocourrcd; hurricanes ead otber nstural disstcts; and any o&s disastem or ocesrr€nces cfl:sed by ncrre or man.made, rl&ere a large ioss of life ls cxpcrieirced. Upon petition of thc Medisol Exsnilcr for cxt'aordinary compenrsation and/or c;rpenditrrres, a*d ryitb tbe rscommendation of the Collier Cormty Emergency $4anagenent Director, the Board of Cousty Cosr0issioDsrs shall dsteilrdne, using a reasonablc and objective staadsrd' if extraordinary coupensatiOn an#or expenditrxes sball be paid to tbe M'edicai Exaloiner' SPCTIOITV FACILITIES A}.iDEQUIP\'TE!'{T .{ ln ascordance with Sectioo 406,08(5), F}orida Stafirbs' the County a$ees to provide and irtsrue, at no cost ta the Medical Efianrincr, a facility *: * metlical'lnboratory related equipment reasonably requirod. by tbe Medicat Fxaminer to pc'tforra the duties ss Dis8ict Medical Exqi$Er. Ail costs associat€d witb maintaining thc faciiity and its area landscaping wiil be paid by ths Medical Exanriner, Tbe County shs'U bear thE cost of t'be Medical EkasEirer's facility. Page 1641 of 2661 B. AIJ cqpitat equipncnt needcd and budgetcd by thc County for use by the Mdical F,xaminer shall bc purchascd by, and be irveutoried tbm"gb the Csu$y as County plopefrl'' Tbe procwenrmt of said equipurent shell be approved by tbc Collicr Cor:nty Emergcacy Msnagemml Director in acmrdanse with thc ColiiEr Coluty Purohasisg Policy, upon submisgion of a reqi:isitiotr W tbc M€dicel Examiner. Thc Medical Examiner agrees ro takc reasonable care with and uaintsi$ and rcpair any cquipment providcd by the County' The Cor:nty agrges ro bclude all aquipent reasonably requircd by tbe Medical Exalriner b tbs annual medical exa$rber budgnt subrnited to the Bowd of Cornty Commissianers filr approval. C. Excepr as otberwise provided in this Agrecrnent" tbe Medical Exaninet *haIi bc solely responsibte flr tbc paymcnt of all aotma.i snd ordina-W services, fees, rnd casfs encrmbered intbe cor"fse of the Medisat Exarnin#s ofnse's opet€tioa. $pcllpN Y PROfESSIONAL LIABILITY ${SII?ANCE Pursunnt to .section 406.16, Flsrida Sfahrte$, tbe County shall pay the Medical Exarsiner's professional litbiiiry insurance. Tbis paym.ent slrall bE in sddition to tbs s*mirnontgy co1gpensation paid to the.Medical ExanrinEr by the Counry undar $octioa itr of this Agrgeueqrt ns a condidon grecedent to the County papng for tbe Mdical Examiher's professional liabiliqv Tsuranco, the Medical Exnmi'ter qhall present to the Cor:rfy aa original invoiceevidencingthepr.rrchasebytbeMedicalExgnincrofsaidil$urancecoverage. sgcTloly u usE oF FACTLITIES AliD BQTIIPMETITBY rlIE h4EDICAL EXAJl',fiNER FOR I.Th4ANITARLAN A:WOR C}{ARITABLE PURPOSES The Medical Examiner shall bc alloWed ro use thc Counqfs facility a$d laboratory equipmcnt for htrmanitarian an#or charjtable pu:pe.ses provided tlat these Prxposss in no rvay ircterferc wi$ rhe Medisal Examinet's prirnry dnty to cerve 8s medieal sxeiter far Collier Page 1642 of 2661 Counry. As pr-ovided in Section 406.16, Florida Stsfirte& the Cour*y sball nor bc liable for any acts of the Medicat Exami:rsr not withio the scope of the official draies perfcrmed for Coliiu County. The perfonnnace by the Medical Sxaminer of br:manitrian and/or charitable scrvice$ undcr this paragaph sball nor be consids'ed psrr of tbe official dl*ies of tbe Mcdical Exa$dss' sBcqx-pi'{vu REPORTS Tbe Mcdical Examiler aglces tl provide to the couaty qusrtffly reports whicb shall inciude, minimally &e following: A" Nuebet of an investigafions snd narrative rcports for non-nrtopsy medical exaniner c,sseE; B. Numbcr of all autopries performed; c. coun cascs and rnedicaj/legal couferances, number ud hours spen$ D. Number of ar:rtborizations for all crsnatioos and burials at sea aad snaomical disssctions: E. Numbsr of botus of scqre investigations; F. Any other activitie$ not dessibcd above' The quart*ly report shail bs submitted by the lOth day of tbc montb to tbe County's EmeigenCy Managcrneat Director. gEgSftLY$ MEDiCAL EXAIv[brER A$ INDE'Pm{D${T CONTRACTCIR A. it is hei"eby stated to be the axpressed latent of, tho parties that under this Agreement tbe Medisal Exsmiaer shall act cxciusively as an independsnt cortractor rendering profassiortd se,rv.ices for the coun{' in accotds}ce $ith chaptet 406, Fiorida stafutes, and tbe Medicat Exanriner shall not be considered es an employea or agent of the County' Thc Mcdical HxC$iner s,bail be solcly responsible fer &e psymcat of atl appticable UKes for conpst$etlon paid to ihc Medical Examiuer by tbe County prusuan* to this .dgreement The Mcdicsl Examin* shall not bc eligible for, nor participate ia, any ftinge benefits &om the Comtv' Page 1643 of 2661 B. "I.sF* Medicxl ExaglinEr shslt be responsible for employing and providing by separate Agrcem€n! independe* of tbe County, ail penonncl ot otba' services neccsssry for tbe performmcc of &e duties a$d r€spo$ibiiities under this Agrcement aild in accordance with Chap-ta 4S6, Florida $iaurtes. Tbe Medtcal ExsJIdnq shall'have complete supervision and conu.ol over said ernployees wtro shs,u ast be sntitlsd, as s rssult of &is Agr€emettl t0 a&y benefits granted employees of the Counry' C. p1gsuant io Seetion 405.16, Florida Strtr$€s, tbe Cormty shnll not be liable for aay asts of &e Medical Examiner that are nor witbin the scopc of the offieial drtries as Medical Examincr. SECTIqhITX NOPARTNERSHIP Nothing contained in this Agrocment sball cre.ste or be consxnred as creating a parfrership between the Caunty and the Medical Examiner' SECTION.X NOnISCRiMnqATioN Tbc Medical Examjncr agrees tbat &ere shsll be no discrininatioq as to rscc' s*x, color, sreed or ndiocal origln d my cor:nty faciiities prortdcd rmdct this Agreement and with regard to &e provision of thr scrviccs of the Medicat Examiner costsmp:atsd by this Agreeme'nt sEe]]gNJgc0Mpn.IsAfioNT0RMEDICALEXAMINERE)gERTTESTIhdoNYIN COLIJER COM'{TY CR!r4jNAT PROCEEDINGS ln acoordancc .witb the provisions of Cbnpter 29, Florida Statutes, as amcndad by Seoate Bitl 2962" effective July l, 2004, ail fees for expert tcsrimony of &a Medicsl Examingr in crimis3l pocecdings sbatl be paid by thc srate of Florida. upon porformance of servicc, *re Medical Frsalrins sball subrnit its fee for serdce to the ap'propnixe $tare egeney or court- appoinrcd counssl. Page 1644 of 2661 s_EgnoN ru N0TICES Ail notices from the County to the Medical Examinsr shall be decured duJy sert/sd if mailed by certified mail ro the Medical Exmiucr at the following address: O$ec of the Medical Exami:rer 3S38 Dcmestic Avenue Napies, FL 34104 AII notisss fiom tbE Midiqai Examiner to tbe Csunty shali b de€med duly serv-ed if rirailed by certised rnail 1s the Cou$y af the following addless: Collier County Emcrgaoy Managemmt Director 8075 Lcly Cultural PkwY, Suite 445 Naptes, Flonda 34113 Thc Ccunty and tbe Medical Exnminer may change tbe abovc rnailing eddte$€s at any ri:ne by g.,ring tbe <yther pany lvrittcn notificstion svithin fi&cen (15) dsn of said uTailing address change" All rntices under tlis Ag5ecmant must be in writils' $FCTIOIg)tr-II NO IMPROPSR USE Thq Medic.ai Fxamias will not rrsc, nor suffer or permit 8ny person to use in 8ny m'nnar wbatsoevgr, Ccunty facilitix fcr any imprcper, iJrmoral or offensiv* p1rposc5, ar for any purpos€ ia violation Of any federaL stetc, coun$, or nunicipal ordfuuu*e' rule, order or regulation, or of any gOvermreirtal rulo gr regulation norry in effect or berea&er enastsd or adopted. In rbe evsnt of zucb I'isiation by the Medical Exs,mirsr or ally staff of tbs Medical Examiae.r" the Cormty sha]l have thc rigbt to nrqpond this Agraemsnt wi& the h{Edical Exanrioer' Should the MEdical Exarliser,feii ro coxrect any sucb violatioa withi:1 twenry'four p4) hours a*er reseiviag notice of sush viotstion, zueh suspension sbsll continue rlntil tbe violatiou is cured. Page 1645 of 2661 $pql:pN)ffv INpEMNIFICAfiON The Medical F,xgnincr sball hotd barmless and def€od Collim County and its egencies and euaployees tpu atl suits aod astions, including sttomEy fecs and all costs of titigations end judgmmts of any aanc and dxctiption arising orr o{ or incidet$ol tp, tbE perfaruancc of this Agrce1gt sr s€rvicss performcd bagun&r. Tbs lvfedical Exaninet's oblipdoapurn:acto tbis provision sball not be linitcd in any way by tbe agreed-upon compensation rnder this Agroement or tbe lvfedical Examirds lirnir of, o* iack of, sufficisnt iasurance protection This section does aot pertail to sny incidcat ansbg frors thc sole ncgligrnce of Collier County. sgs.l'lpl-r xl' TEF-\4n{ATION A]'{D COhTNI"IITY OF SERVTCES A. This Agrecment &ry be tcrmisated by eitbcr pary upoo niocqv (90) days qaitten' notice to the othcr pefiy by certifisd mail, reuun receipt regucstcd- Tbe partiec shall des.l with escb other in good faith during tbe ainety-day period aftcr any notice of any intat CI terninnre has beeo givea" Eirber pcrfy say rcrrninatc this Agreeraent ir:rmediatcly for rcasqlable ceuse, gpon vnine.n notice to tbe otb$. Reasgaobie cause sbsll include bur nst be linitsd ts: (l) Msxelial violation(s) of this Agremeaq, (Z) Suspension or myoc*rion of tbe Medical E:samine/s liwnsc to nractice medisinc or orher disciplinary acticas takcn againrt &e Medical Exsmiosr by tbe Fiorida Medical Exarniners Comrrrission or si.I:dkr reguiatory authority; (3) Revocation of tbe Msdicat Examinels appoinhrcnt as Medical Exa$inEr for Florida Medical Examiner Disgict Twen$1 (a) Any rdoiration of the Medical Exwine/s duties Es requirsd under Chapter 406' Florida Sunxes; (5) Rcpexed andlor polongcd *bsenc{s) &orn ofFc€ substantially affectiag t}c perfonraace of thc duties of tbc Medical EXarninsr mdcr this Agreetnect; (6) Tbe deatb of tbe Msdical Exanrinc{' Page 1646 of 2661 (7) Physical anffor mefial innapacitation of the lvledical Exanriner sutffitially affccting the performance,of drs dulies of thc Medical Examiner sadel this Agremml B. ln the Event of a tersfuation of this Agreement by tbe County, the County shall oniy. k required ro pay sucb compelrsatioa to tbe Medical Exardaer as shE mal be eatitled tn for scrvisps pcrfarrred until the timc of tenninatioa SEf,fIOSX\ru .{]v{ENDME}'ITS Tbis Agrrement Esy be modifed by amendment d any time provided that sueh ameudmmt is in writing aad signed bybctbpa*ies. SECIIQ}I J{!E ATTORT'IEY FEES In &e event of any litigatioo adsing uude.r this Agreemeat, &e prevailing parry shatl be entitted ro recoup attoraey fees and all costs of litigafion &om tbe non-prevailing parfy at both u'ial asd all appellate lwels. Page 1647 of 2661 iN WTfNASS WHER"EOF, tbe parties have caused this Agrecment lo be execlsd oa &c day first above \ nitteir B0AX,D oF COLNTY C0MI\4I$SIOh:ER5 COLLINR COLNTY, FLORIDAv,rft ey, /dw.L?Iq Fred W. Coyle, Cbsimtan \r a'.. : t.-' ... Y .), " ;'.;t ?isr.wifiii5sr , ,Afra,,o^LC-A*v -tnt* Sisra*urc#Date n-l-tl @on Typcdtr Printed Nsbe nn*;4ffi*kn. i,,coJi Sigpst'rc i Dele ql,qtZOtt ,SQrr^r,, -E.,,. q.Jf;' F.fe .,-- Typcd or Prixcd Nanoe MarieU. Coburs, M.D' Mcdieal Examiner Ftorida Dist"ict TwentY to form and 11 Page 1648 of 2661 Page 1649 of 2661 Page 1650 of 2661 Page 1651 of 2661 Page 1652 of 2661 Page 1653 of 2661 Page 1654 of 2661 Page 1655 of 2661 Page 1656 of 2661 Page 1657 of 2661 Page 1658 of 2661 Page 1659 of 2661 Page 1660 of 2661 Page 1661 of 2661 Page 1662 of 2661 Page 1663 of 2661 Page 1664 of 2661 Page 1665 of 2661 Page 1666 of 2661 Page 1667 of 2661 Page 1668 of 2661 Page 1669 of 2661 Page 1670 of 2661 Page 1671 of 2661 Page 1672 of 2661 Page 1673 of 2661 Page 1674 of 2661 Page 1675 of 2661 Page 1676 of 2661 Page 1677 of 2661 Page 1678 of 2661 Page 1679 of 2661 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 1680 of 2661 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 1681 of 2661 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 ;' Page 1682 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFE10/7/2020Page 1683 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFE10/7/2020Page 1684 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1685 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1686 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1687 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1688 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1689 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1690 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1691 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1692 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1693 of 2661 DocuSign Envelope ID: 94E9B5BE-46D9-48B8-8D6E-F9D34FFECEFEPage 1694 of 2661 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 1695 of 2661 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 1696 of 2661 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 1697 of 2661 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,MD., 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 Page 1698 of 2661 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 Page 1699 of 2661 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 (S1,023,800) by semimonthly payments ending September 30, 2012. B. Payments from the County to the Medical Examiner of the compensation set forth in paragraph. A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall 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 unusu'l nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under Page 1700 of 2661 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 an.d 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 Page 1701 of 2661 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 offices operation. SECTION V PROFESSIONAL LIABILITY LNSURANCE 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 Page 1702 of 2661 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 Di.rectoI. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical. Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner 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. 6 Page 1703 of 2661 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. Page 1704 of 2661 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. Page 1705 of 2661 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 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 Examiners duties as required under Chapter 406, Florida Statutes; 5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; 6) The death of the Medical Examiner; 9 Page 1706 of 2661 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 A I.1 ORNEY 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. Page 1707 of 2661 IN WITNESS WHEREOF, the parties have caused this Agreement to he executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA P --cgl.v; By: tl--LIA, LA), CDszs. eputy Cl*rk Fred W. Coyle, Chairman tt,t,esi -a4 to, Ch41rseg $ ii gnatuei ai 4 First Witness MEDICAL EXAMINER rilat.-1,_ 944.-.g-‘- C- SignatureP/Date , - t - ii Marta U. Coburn, M.D. Medical Examiner Florida District Twenty C . ka_rrt'S o e-N Date: Typedr Printed Name Second Witness Signature! Date clicitzoti RR‘p,".) E ,-4,10.4.4.3 L.P. Ap (wed ts to form and Typed or Printed Name leg ,jt;i?le_ns,y ,... k, v.,-fri‘ Jeffre A Itlatzkow Count A-Lorne)" v: r ii Page 1708 of 2661 AC'® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/25/2021 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh&McLennan PHONE B°uchard Insurance FAX 101 N Starcrest Dr IA CA.No.Extl: 727-447-6481 C,No):727-449-1267 Clearwater FL 33765 ADDRess: cicerts@bouchardinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds of London 10200 INSURED DISTRICT INSURER B: Employers Preferred Insurance Company 10346 District 20 Medical Examiner Marta U. Coburn, MD INSURERC: 3838 Domestic Avenue INSURER D: Naples FL 34104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1545901091 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITSMM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident) ANY AUTO BODILY INJURY(Per person) $ AWNED 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$ g WORKERS COMPENSATION EIG277943402 3/2/2021 3/2/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE Y N/A E.L.EACH ACCIDENT 100,000 OFFICER/MEMBER EXCLUDED? 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 A Professional Liability ME0108506820 11/30/2020 11/30/2021 $1,000,000/claim 3,000,000/agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proprietors/Partners/Executive Officers/Members Excluded: Marta U Coburn,MD,Owner CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES FL 34112 n 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1709 of 2661 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 1710 of 2661 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 1711 of 2661 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 1712 of 2661 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 1713 of 2661 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 1714 of 2661 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 1715 of 2661 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 ($71,900). Any modifications to this Contract shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized." 4. Except as further modified by this Amendment,the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. Signature Page to Follow) 2 Amendment#13 to Contract 11-5776 CAO Page 1716 of 2661 IN WITNESS WHEREOF, the executed have this Thirteenth Amendment by authorized agent(s),as of the date first above written. ATTEST:BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel,-Co • • •r and COLLIER COUNTY, FLORIDA Clerk of Courts IBy: '. By:2f Atfes$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 1717 of 2661 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 1718 of 2661 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 1719 of 2661 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 1720 of 2661 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 1721 of 2661 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 1722 of 2661 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 1723 of 2661 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 1724 of 2661 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 1725 of 2661 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 1726 of 2661 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 1727 of 2661 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 1728 of 2661 FOURTEENTH 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, 2024, 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 Thirteenth Amendment to the Agreement was approved by the Board on September 26, 2023 (Agenda Item 16.F.2); 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#14 to Contract 11-5776 C,A° Page 1729 of 2661 2.Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2024, through September 30, 2025. 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, 2024, the amount of Two Million One-Hundred and Sixty-Five Thousand Six Hundred Dollars 2,165,600) by semimonthly payments ending September 30, 2025. 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 Eighty-Two Thousand Eight Hundred Dollars ($82,800). 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." 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#14 to Contract 11-5776 Page 1730 of 2661 IN WITNESS WHEREOF, the executed have this Fourteenth Amendment by authorized agent(s), as of the date first above written. ATTEST:BOARD OF COUNTY COMMISSIONERS Crystal K. KinrzI;.c otilptroller and COLLIER COUNTY, FLORIDA Clerk of Courts r By: By: e,_ k.kik ca Deputy Clerk Chrt all, Chairman Attest a to-Chaipr tans signata're ply Approved as • ' • ga ity: t• • By: It4/.k. Jeffrey ! Klatz.• , ounty Attorney MEDIICAL EXAMINER By c—C2--- Marta U. Coburn M.D. Medical Examiner Florida District Twenty 3 AO) Amendment II 14 to Contract 11-5776 Page 1731 of 2661 Page 1732 of 2661