Agenda 09/27/2016 Item #16E 6 16.E.6
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute the Fifth Amendment to the
Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner) which will
extend the term of the Agreement to September 30,2017.
OBJECTIVE: To continue services under the Agreement for Medical Examiner Services.
CONSIDERATIONS: On August 18, 2011, Governor Rick Scott reappointed Dr. Marta U. Coburn,
M.D. to serve as the District Twenty Medical Examiner. Accordingly, the Board, at its September 27,
2011 regular meeting, approved an agreement with Dr. Coburn(d/b/a District Twenty Medical Examiner,
Inc.) to provide medical examiner services for Collier County. The proposed amendment will extend the
term of the Agreement to September 30, 2017 and will compensate the Medical Examiner for services to
be performed in the amount of $1,246,300. The County will also make payments on behalf of the
Medical Examiner for County-allocated charges consisting of Information Technology costs, General
Property, and Liability insurances in the amount of $37,800; the combined total being $1,284,100. The
total allocation represents an increase of$39,300 from FY16.
FISCAL IMPACT: Funds in the amount of$1,284,100 are budgeted in the General Fund (001) Medical
Examiners Services for FY17.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. -CMG
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the attached Fifth Amendment to Agreement# 11-5776 for Medical Examiner Services
for a total allocation of$1,284,100.
Prepared by: Christine Boni, Accountant, Bureau of Emergency Services/Emergency Management
ATTACHMENT(S)
1.Amendment#5 District Twenty Medical Examiner (PDF)
2. Fully Executed Medical Examiner Agreement (PDF)
I Packet Pg.1440
16.E.6
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.6
Item Summary: Recommendation to approve and authorize the Chairman to execute the Fifth
Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner)
which will extend the term of the Agreement to September 30, 2017.
Meeting Date: 09/27/2016
Prepared by:
Title: Accountant—Emergency Management
Name: Christine Boni
09/07/2016 8:14 AM
Submitted by:
Title: Division Director-Bureau of Emer Svc—Emergency Management
Name: Daniel Summers
09/07/2016 8:14 AM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 09/07/2016 8:30 AM
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 09/07/2016 9:16 AM
Procurement Services Adam Northrup Level 1 Purchasing Reviewer 1-4 Completed 09/07/2016 4:04 PM
Emergency Management Daniel Summers Level 1 Add Division Reviewer Completed 09/08/2016 1:45 PM
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 09/08/2016 2:36 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/08/2016 2:43 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/14/2016 11:39 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/14/2016 2:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/15/2016 8:27 AM
Office of Management and Budget Laura Wells Level 3 OMB 1st Reviewer 1-4 Completed 09/15/2016 11:00 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 10:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg. 1441 I
16.E.6.a
AMENDMENT 5
11-5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES
("Amendment") is entered into and is effective on this 1st day of October, 2016, by and between
Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida,
doing business as District 20 Medical Examiner, Inc., a Florida for Profit Corporation E
(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
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WHEREAS, the Fourth Amendment to the Agreement was approved by the Board on
September 23,2015, and is scheduled to terminate on September 30, 2016;. and
WHEREAS, the parties wish to extend the term of the Agreement and to clarify their
respective responsibilities for certain costs relating to customary versus extraordinary
maintenance and services regarding the upkeep of the Medical Examiner's Facility.
as
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and w
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Section I of the Agreement is hereby amended by extending the term of the
Agreement from October 1,2016 through September 30, 2017. o
3. Section III, Paragraph A of the Agreement is replaced in its entirety to now read
as follows: 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, 2016, the amount of
one million two hundred forty-six thousand three hundred dollars ($1,246,300) by
semimonthly payments ending September 30, 2017. In addition, the County will make
payments on behalf of the Medical Examiner for County-allocated charges consisting of
Information Technology costs and General, Property, and Liability insurances in total of
thirty-seven thousand eight hundred dollars ($37,800). Any modifications to this Contract
shall be in compliance with the County Procurement Ordinance and Procedures in effect
at the time such modifications are authorized.
Amendment#5 to Contract 11-5776
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16.E.6.a
4. Except as modified by this Amendment, the Agreement shall remain in full force
and effect. If there is a conflict between the terms of this Amendment and the Agreement, the
terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials,as of the date first above written.
A ITEST: BOARD OF COUNTY COMMISSIONERS a)
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
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By: By:
Deputy Clerk Clerk Donna Fiala,Chairman
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Approved as to Form and Legality:
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MEDICAL EXAMINER
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arta U. Coburn
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M.D. Medical Examiner
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Florida District Twenty 2
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AGREEMENT FOR MEDICAL EXAMINER SERVICES
THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made
and entered into this 27th day of September , 2011, by and between Marta U. Coburn, M.D.,
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Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District
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20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner"),
and the Board of County Commissioners of Collier County, Florida, (hereinafter called
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"County"). Medical Examiner and County are hereinafter collectively referred to as the
"parties." ca
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WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical
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Examiner for Collier County, Florida, on August 18, 2011, by Rick Scott, Governor of the State • (.o
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of Florida; and
WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical E
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Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at
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all times and all places within the di strict and that said Associate Medical Examiner(s) shall
serve at the pleasure of the District Medical Examiner; and w
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; x
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WHEREAS, Section 406.08(1), Florida Statutes,provides that fees, salaries and expenses c
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for the Medical Examiner's office may be paid from the general funds or any other funds under
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• • 16.E.6.b
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 E
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
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District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc., a m
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Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes,
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as an independent contractor. c°
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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 AGREEMENTCD
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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 ea
otherwise provided for, necessary for the complete performance of the services contemplated
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hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, 2
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Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the
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Florida Medical Examiner's Commission. T
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SECTION III COMPENSATION AND PAYMENTS
A. The County hereby agrees to compensate the Medical Examiner for services to be
performed for the term of this Agreement, beginning on October 1, 2011, the amount of one
million twenty-three thousand eight hundred dollars ($1,023,800) by semimonthly payments
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ending September 30, 2012.
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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 u_
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
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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
C. The Medical Examiner agrees and understands that under the terms of this
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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
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Agreement and by Chapter 406,Florida Statutes. 75
D. The County agrees and understands that the compensation provided for under this 2
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Agreement to the Medical Examiner is intended to cover the anticipated normal
activities/workload of the Medical Examiner, based upon past statistics and reasonable
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projections. The County acknowledges and agrees that the semimonthly compensation of the
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Medical Examiner set forth in this Section has been established without consideration of
disasters or occurrences of an unusual nature or magnitude such as would necessitate Q
extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations.under
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this Agreement and Chapter 406, Florida. Statutes. In the event of such disaster(s) or
occurrence(s), the Medical Examiner shall consult with and shall seek, but not necessarily obtain,
the approval of the Collier County Emergency Management Director or his/her designee, for any
additional expenditures. The Medical Examiner shall in all events retain the right to and shall
then petition the Board of County Commissioners to reimburse the Medical Examiner for all
extraordinary expenses and compensation which are justified and incurred by the Medical
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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 x
for extraordinary compensation and expenditures. Examples of extraordinary disasters or a
occurrences include,but are not limited to: aircraft, bus and boat accidents where a simultaneous 2
large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or rn
occurrences caused by nature or man-made where a large loss of life is experienced. Upon
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petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with a)
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the recommendation of the Collier County Emergency Management Director, the Board of d
County Commissioners shall determine, using a reasonable and objective standard, if X
extraordinary compensation andior 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 medicalllaboratory related
equipment reasonably requiredby the Medical Examiner to perform the duties as District `'"
Medical Examiner. All costs associated with maintaining the facility and its area landscaping
will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's
facility.
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B. All capital equipment needed and budgeted by the County for use by the Medical
Examiner shall be purchased by, and be inventoried through, the County as County property.
The procurement of said equipment shall be approved by the Collier County Emergency Cr
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. Theu.
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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 173
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solely responsible for the payment of all normal and ordinary services, fees, and costs
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encumbered in the course of the Medical Examiner's office's operation. a,
SECTION V PROFESSIONAL LIABILITY INSURANCE
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Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical
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Examiner's professional liability insurance. This payment shall be in addition to the a,
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
-13invoice evidencing the purchase by the Medical Examiner of said insurance coverage.
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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 E
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equipment for humanitarian and/or charitable purposes provided that these purposes in no way
interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier
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County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any
acts of the Medical Examiner not within the scope of the official duties performed for Collier
County. The performance by the Medical Examiner of humanitarian and/or charitable services
under this paragraph shall not be considered part of the official duties of the Medical Examiner. a)
SECTION VII REPORTS
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The Medical Examiner agrees to provide to the County quarterly reports which shall
include,minimally the following: ur.
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A. Number of all investigations and narrative reports for non-autopsy medical examiner
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cases; w
B. Number of all autopsies performed;
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C. Court cases and medical/legal conferences,number and hours spent; a
D. Number of authorizations for all cremations and burials at sea and anatomical
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dissections;
E. Number of hours of scene investigations;
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F. Any other activities not described above.
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The quarterly report shall be submitted by the 10th day of the month to the County's Emergency
•Management Director.
SECTION VIII MEDICAL EXAMINER AS I DEPENDENT CONTRACTOR
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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 i w
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
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Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not
be eligible for, nor participate in, any fringe benefits from the County.
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B. The Medical Examiner shall be responsible for employing and providing by separate
Agreement, independent of the County, all personnel or other services necessary for the
performance of the duties and responsibilities under this Agreement and in accordance with
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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
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Examiner.
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SECTION IX NO PARTNERSHIP
Nothing contained in this Agreement shall create or be construed as creating a 2
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 F
COLLIER COUNTY CRIMINAL PROCEEDLNGS
In accordance with the provisions of Chapter 29, Florida Statutes, as amended by Senate - w
Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in
criminal proceedings shall be paid by the State of Florida. Upon performance of service, the
Medical Examiner shall submit its fee for service to the appropriate State agency or court-
appointed counsel.
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SECTION XII NOTICES
All notices from the County to the Medical Examiner shall be deemed duly served if
mailed by certified mail to the Medical Examiner at the following address:
Office of the Medical Examiner
3838 Domestic Avenue
Naples, FL 34104
All notices from the Medical Examiner to the County shall be deemed duly served if
mailed by certified mail to the County at the following address: >-
Collier County Emergency Management Director •-
8075 Lely Cultural Pkwy, Suite 445 i x
Naples,Florida 34113Tts
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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
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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 c
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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 a
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cured.
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16.E.6.b
SECTION XIV LNDEMNIFICATION
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 7
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Agreement or services performed hereunder. The Medical Examiner's obligation pursuant to this a
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provision shall not be limited in any way by the agreed-upon compensation under this
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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.
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SECTION XV 1f.E:RMINATION AND CONTI UI'1 Y OF SERVICES
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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 2
each other in good faith during the ninety-day period after any notice of any intent to terminate
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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 w
Examiners Commission or similar regulatory authority;
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(3) Revocation of the Medical Examiner's appointment as Medical Examiner for
Florida Medical Examiner District Twenty;
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(4) Any violation of the Medical Examiner's duties as required under Chapter 406,
Florida Statutes;
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(5) Repeated and/or prolonged absence(s) from office substantially affecting the
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performance of the duties of the Medical Examiner under this Agreement;
(6) The death of the Medical Examiner;
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• 16.E.6.b
(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.
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be required to pay such compensation to the Medical Examiner as she may be entitled to for a)
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services performed until the time of termination.
SECTION XVI AMENDMENTS
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This Agreement may be modified by amendment at any time provided that such
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amendment is in writing and signed by both parties.
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SECTION XVII ATTORNEY FEES w
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 E
trial and all appellate levels. c,
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
first above written.
Al l EST: BOARD OF COUNTY COMMISSIONERS c
Dw t E. Brock, Clerk
,� COLLIER COUNTY, FLORIDA E
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6 R--C - t CZ By: LO, g
deputy Cjrk Fred W. Coyle, Chairman ti
Attetr 111 to .Ch4 Rest $
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'First;Witness MEDICAL EXAMINER E
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Sienatu:eU'Date , - ( - I/ Marta U. Coburn, M.D. Medical Examiner0
Florida District Twenty
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Typed or Printed Name leg i,enc�� ;;,,�.... iii
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Jeffrl AI Ik.latzkow .13
County Attorney
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