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Agenda 09/23/2014 Item #16E 19/23/2014 16.E.1. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute the Third 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, 2015. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the Third Amendment to 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, 2015. The total allocation represents an increase of $36,600 from FY 14. FISCAL IMPACT: The requested cost to the County for Fiscal Year 2015 is $1,106,200. Funds are budgeted in the General Fund (001) Medical Examiner Services. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached Third Amendment to the Agreement # 11 -5776 for Medical Examiner Services for a total allocation of $1,106,200. PREPARED BY: Dan Summers, Director, Bureau of Emergency Services and Emergency Management Attachment: Contract No. 1 l -5776 - Amendment #3 Packet Page -2959- 9/23/2014 16.E.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.1. Item Summary: Recommendation to approve and authorize the Chair to execute the Third 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, 2015. Meeting Date: 9/23/2014 Prepared By Name: BoniChristine Title: Accountant, Bureau of Emergency Services 8/22/2014 2:13:07 PM Submitted by Title: Director - Bureau of Emergency Services, Bureau of Emergency Services Name: SummersDan 8/22/2014 2:13:08 PM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 8/22/2014 4:20:18 PM Name: SummersDan Title: Director - Bureau of Emergency Services, Bureau of Emergency Services Date: 8/22/2014 4:36:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/27/2014 9:34:11 AM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 9/3/2014 5:30:35 PM Packet Page -2960- 9/23/2014 16.E.1. Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 9/5/2014 4:11:51 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/10/2014 2:46:06 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/12/2014 9:05:27 AM Packet Page -2961- 9/23/2014 16.E.1. AMENDMENT 3 11 -5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES, ( "Amendment ") is made and entered into this _ day of , 2014, by and between Marta U. Coburn, M.D., Florida district Twenty medical examiner for Collier County, Florida, doing business as District 20 Medical Examiner, Inc., a Florida for Profit Corporation, (hereinafter called "Medical Examiner "), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "), collectively referred to as the "parties." PPCTTAT C• WHEREAS, the parties entered into an Agreement for Medical Examiner Services ( "Agreement ") dated September 27, 2011, a copy of which is attached hereto; and WHEREAS, the Second Amendment dated September 24, 2013 is scheduled to terminate on September 30, 2014; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property, and Liability insurances as set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2014 through September 30, 2015. 3. Section III, Paragraph A of the Agreement is hereby amended to read as follows: "The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2014, the amount of one million sixty -six thousand five hundred dollars ($1,066,500) by semimonthly Page 1 of 2 Packet Page -2962- 9/23/2014 16.E.1. payments ending September 30, 2015. In addition, the County will make payments on behalf of the Medical Examiner for County- allocated charges_consisting of Information Technology costs and General, Property, and Liability insurances in total of thirty -nine thousand seven hundred dollars ($39,700). Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized." 4. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight E. Brock, Clerk am Deputy Clerk Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman MEDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Page 2 of 2 Packet Page -2963- 1 9/23/2014 4E.1. i AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL; EXAMINER SERVICES, ( "Amendment ") is made and entered into this 25`h day of September, 2012, by and between Marta U. Coburn, M.D., Florida district Twenty medical examiner for Collier County, Florida, doing business as District 20 Medical Examiner, Inc., a Florida for Profit Corporation, (hereinafter called "Medical Examiner"), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "), collectively referred to as the "parties." RECITALS: WHEREAS, the parties entered into an Agreement for Medical Examiner Services ( "Agreement ") dated September 27, 2011, a copy of which is attached hereto; and WHEREAS, the initial term of the Agreement is scheduled to terminate on September 30, 2012; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property; and Liability insurances as set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties'agree as follows: I . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2012 through September 30, 2013. 3. Section III, Paragraph A of the Agreement is hereby amended to read as follows: "The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2012, the amoumt of one million, twenty -three thousand, seven hundred dollars ($1,023,700) by semimonthly payments ending September 30, 2013. In addition, the County will Page 1 oft Packet Page -2964- 1 9/23/2014 16.E.1. make payments on behalf of the Medical Examiner for County- allocated charges consisting of Information Technology costs and General, Property, and Liability insurances in total of fifty -four thousand, one hundred dollars '($54,100). Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized." 4. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST:. BOARD OF COUNTY COMMISSIONERS Dwight E. BrockX)erk COLLIER COUNTY, FLORIDA W By*= • B y. Deputy ��Ierkc FRED W. COYLE, CHAIRMA -7126l of Attotrf at t4 t4fly' ! EDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Approved as to form and le al sufficiency: Emily R. Pep Assistant County Attorney Page 2 of 2 Packet Page -2965- 9/23/2014 16.E.1. AMENDMENT 2 11 -5776 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AMENDMENT TO AGREEMENT FOR MEDICAL EXAMINER SERVICES, ( "Amendment ") is made and entered into this 24tday of - - -_, 2013, by and between Marta U. Coburn, M.D., Florida district Twenty medical examiner for Collier County, Florida, doing business as District 20 Medical Examiner, Inc., a Florida for Profit Corporation, (hereinafter called "Medical Examiner "), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "), collectively referred to as the "parties." RECITALS: WHEREAS, the parties entered into an Agreement for Medical Examiner Services ( "Agreement ") dated September 27, 2011, a copy of which is attached hereto; and WHEREAS, the First Amendment dated September 25, 2012 is scheduled to terminate on September 30, ?013; and WHEREAS, the parties wish to extend the term of the Agreement and provide for certain costs relating to Information Technology and General, Property, and Liability insurances as set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Section I of the Agreement is hereby amended by extending the term of the Agreement from October 1, 2013 through September 30, 2014. 3. Section III, Paragraph A of the Agreement is hereby amended to read as follows: "The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2013, the amount of one million, twenty eight thousand, five hundred dollars ($1,028,500) by Page 1 of 2 Packet Page -2966- 0 9/23/2014 16.E.1. semimonthly payments ending September 30, 2014. In addition, the County will make payments on behalf of the Medical Examiner for County - allocated charges consisting of Information Technology costs and General, Property, and Liability insurances in total of forty one thousand, one hundred dollars ($41,100). Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized." 4. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. IN WITNESS 'YNrHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight .E: Brock; Clerk By. e �Attest�asjtc ��a�` an's Signature only. Aroved as to Form and Legality: sst ant County Attorney BOARD OF COUNTY. COMMISSIONERS COL R C UNTY,�FLORIDA By l! Georia filler, Esq., Chairwoman �AEDICAL EXAMINER Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Page 2 of 2 Packet Page -2967- 9/23/2014 16.E. I. AGREEMENT FOR MEDIC-A-L EX_AMLNER SERVICES THIS AGREEMENT FOR MEDICAL ExA.MD\TER SERVICES, (agreement), made and entered into this 27th day of September , 2011, by and between Marta U. Coburn M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District 20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner "), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "). Medical Examiner and County are hereinafter collectively referred to as the "parties." ,A=REAS, 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 W=REAS, 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 -,Nrithin the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and \iTIEREAS, 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 Packet Page -2968- 9/23/2014 16.E. I. 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 ';�=REAS, Section 406.0$(6 ), 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 'W=REAS, 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. NOVd, 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 ANM 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 unit: 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. Packet Page -2969- 9/23/2014 16.E.1. 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 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 famished 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!worldoad 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 extraorainarST expenditure on the part of the Medical Examiner in fulfilling the obligations under 3 Packet Page -2970- 9/23/2014 16.E.1. " 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 TV 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 A ith 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. a Packet Page -2971- 9/23/2014 16.E.1. 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 other-Mse 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 LIT 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 EXAVJNER FOR HUMANITARIAN AND /OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laborato,7 equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere ,Arith the Medical Examiner's primary duty to serve as medical examiner for Collier s Packet Page -2972- 9/23/2014 16.E.1. 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 Counny 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 RADICAL EXAML _ER 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 paymtnt 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 Packet Page -2973- 9/23/2014 16.E.1. 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 A ith 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 urith regard to the pro -i ision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXA.MIINER EXPERT TESTIMONY IN' COLLIER COUNTY CRIMINAL PROCEEDINGS In accordance A ith 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- annointed counsel. 7 Packet Page -2974- 9/23/2014 16.E.1. SECTION XH 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 Pkny, 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 regulaton, 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. B Packet Page -2975- 9/23/2014 16.E.1. SECTION XIV INDEMINIFICATION 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 sen ices 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 TERMLNATIONT AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety (90) days written notice to the other parry 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 violations) 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 authoritNT; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District Twenty; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; 9 Packet Page -2976- 9/23/2014 16.E.1. (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. SECTIONT 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 XXVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing parry shall be entitled to recoup attorney fees and all costs of litigation from the non - prevailing party at both trial and all appellate levels. -Q Packet Page -2977- 9/23/2014 16.E.1. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA 4 �^l By, eputy C�rk Fred W. Coyle, Chairman Retestt: e t £Ro irw i g— A at4i . 0ii 10 First Vi''itness MEDICAL EXAMINER Signatur , Date – – t! Marta U. Coburn, M.D. Medical Examiner Florida District Twenty Date: e a —0/,/ Typed`�r Printed Name S°cond Witness Signature /Date Rl%zotl Typed or Printed ?dame Packet Page -2978-