Agenda 11/13/2012 Item #16E 211/13/2012 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve Agreement No. 12 -5983 with Naples HMA, LLC d /b /a Physicians
Regional Healthcare System (PRHS) for use of the Medical Examiner facility to conduct autopsies.
OBJECTIVE: To allow PRHS to use the Collier County Medical Examiner Facility to conduct
non - Medical Examiner autopsies.
CONSIDERATIONS: PRHS wishes to enter into an Agreement with the County to use the
Collier County Medical Examiner Facility to perfonn non - Medical Examiner autopsies. The
Agreement specifies each parties' responsibilities, includes renewal and termination provisions,
and a user fee schedule of $350 for a complete autopsy and $200 for a cranial only autopsy. Fees
are payable to Collier County and monthly billing will be processed by the Department of
Emergency Management. A similar Agreement currently exists between the County and Naples
Community Hospital.
FISCAL IMPACT: Based on the estimated usage of the Medical Examiner facility for two partial
autopsies and one full autopsy, anticipated annual revenue in the amount of $750 collected per
the Agreement will be appropriated to the General Fund, Medical Examiner cost center (001 -
144710).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the Agreement
between Collier County and Naples HMA, LLC d /b /a Physicians Regional Healthcare System to
use the Collier County Medical Examiner Facility to perform non - Medical Examiner autopsies,
and authorizes its Chairman to sign the agreement after final review by the County Attorney.
Prepared By: Christine Boni, Sr. Administrative Assistant, Department of Emergency
Management
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11/13/2012 Item 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to approve Agreement No. 12 -5983 with Naples HMA,
LLC d /b /a Physicians Regional Healthcare System (PRHS) for use of the Medical Examiner facility
to conduct autopsies.
Meeting Date: 11/13/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
10/15/2012 9:42:27 AM
Submitted by
Title: Administrative Assistant, Senior,
Name: BoniChristine
10 /15/2012 9:42:28 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 10/15/2012 3:10:10 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 10/16/2012 8:46:41 AM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 10/16/2012 1:18:31 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 10/25/2012 2:54:11 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 10/26/2012 3:14:50 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 11/1/2012 1:15:56 PM
Name: OchsLeo
Title: County Manager
Date: 11/5/2012 10:23:44 AM
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11/13/2012 Item 16.E.2.
11/13/2012 Item 16.E.2.
AGREEMENT #12 -5983
BETWEEN COLLIER COUNTY, FLORIDA AND NAPLES HMA, LLC D /B /A
PHYSICIANS REGIONAL HEALTHCARE SYSTEM RELATING TO A LICENSE
AGREEMENT TO PERFORM AUTOPSIES
This Agreement is made by and between Collier County, Florida, a political subdivision
of Florida hereafter referred to as "County" and Naples HMA, LLC d /b /a Physicians
Regional Healthcare System, hereafter referred to as "Hospital ", on this day of
2012.
1. This Agreement relates to the use of the Collier County Medical Examiner
Facility ( "Medical Examiner ") located at 3838 Domestic Avenue Naples,
Florida, hereafter referred to as "the Facility" by Hospital for the sole purpose
of conducting non- Medical Examiner autopsies. The County hereby grants to
Hospital a license to use the Facility to conduct autopsies. "Hospital" shall
mean all physicians with privileges at the Physicians Regional Healthcare
System locations at 8300 Collier Boulevard and 6101 Pine Ridge Road in
Naples, Florida.
2. This Agreement is entered into on the above date and shall continue until
tenninated. Either party may terminate this Agreement without cause by
conveying to the other party a "Notice to Vacate" the Facility, whereupon the
Facility shall be fully vacated within no more than thirty (30) days following
receipt of such notice.
3. All notices, demands, or other writings required to be given, made or sent by
either party to the other shall be addressed to the following:
FOR Hospital
Joe Bernard, Chief Operating Officer
Physicians Regional Healthcare System
8300 Collier Boulevard
Naples, FL 34114
and
FOR County
Joanne Markiewicz
Interim Purchasing /General Services Director
Collier County Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
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11/13/2012 Item 16.E.2.
4. Hospital agrees to:
a. Perform all autopsies by qualified staff pathologists of the Hospital.
b. Cooperate with the policies and procedures of the Medical Examiner's
Office and adhere to proper standards of practice in performance of
autopsies. Hospital understands that the Medical Examiner's workload is
of primary importance, although every effort will be made to
accommodate, in a timely manner, the needs of the Hospital.
C. Comply with all local, state and federal laws and regulations at all tunes.
5. County agrees to:
a. Provide the utilization of the services of the District Twenty Medical
Examiner technical staff and all necessary supplies required for the
performance of autopsies and to maintain all working areas in a safe and
clean condition.
b. Make available the Facility and personnel during regular, weekend, or
holiday hours, whenever possible to Hospital.
6. Hospital shall pay to the County a User's Fee of Three Hundred Fifty Dollars
($350.00) for each autopsy performed by or for Hospital at the Facility and Two
Hundred Dollars ($200.00) for each autopsy that is limited to the cranial
contents only. The fees will be used to pay for all costs and expenses for
supplies and labor of the Medical Examiner operations used in perfonmance of
said autopsies and does not include any physician associated fees. The County
shall furnish a bill to Hospital each month for all autopsies perfonned during the
preceding month, which shall be due and payable not more than thirty (30) days
following receipt of such bill. .
7. Hospital is the sole judge of the suitability of the Facility and the County makes
no representations that the Facility is suitable for any need of Hospital. Hospital
takes the Facility "as is" and the County has no obligation to modify the
Facility.
8. Hospital shall indemnify, defend and hold harmless County and the District
Twenty Medical Examiner, Inc. against any actions, claims, liabilities, injuries,
suits, demands, expenses or damages arising out of the Hospital's negligent acts
or omissions in connection with the performance of this Agreement. In the
event that a claim is made against one or more parties, it is the intent of such
parties to cooperate in the defense of said claim. However, such parties shall
have the right to take any and all actions they believe necessary to protect their
interests.
9. The Hospital shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
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11/13/2012 Item 16.E.2.
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified
shall be maintained by Hospital during the duration of this Agreement.
Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. There shall be a minimum often (10) day notification to the
County in the event of cancellation or modification of any stipulated
insurance coverage. Hospital shall also notify County, in a like manner,
within twenty -four (24) hours after receipt, of any notices of expiration,
cancellation, non - renewal or material change in coverage or limits received
by Hospital from its insurer, and nothing contained herein shall relieve
Hospital of this requirement to provide notice.
Hospital shall ensure that all subContractors comply with the same insurance
requirements that it is required to meet.
10. This agreement is a non- exclusive agreement. Hospital agrees that the
County shall have the right to enter into agreements with other parties to
allow the use of the Facility for similar programs.
11. Compliance with Laws. By entering into this agreement, the parties
specifically intend to comply with all applicable laws, rules and regulations
as they may be amended from time to time. In the event that any part of this
agreement is determined to violate federal, state or local laws, rules, or
regulations, the parties agree to negotiate in good faith revisions to the
provision or provisions that are in violation. In the event the parties are
unable to agree to new or modified teens as required to bring the entire
agreement into compliance, either party may terminate this agreement on
thirty (30) days written notice to the other party.
12. Compliance with Federal Programs. County hereby represents and warrants
that it has not been debarred, suspended, excluded or otherwise determined to
be ineligible to participate in Federal healthcare programs (collectively,
"Debarred ") and agrees not to engage or assign any employee, agent or
contractor ( "Agent ") to perform services under this Agreement who has been
Debarred. County acknowledges that Hospital shall have the right to
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11/13/2012 Item 16.E.2.
terminate this agreement immediately in the event that County or an Agent is
Debarred. Accordingly, County shall provide Hospital with immediate
notice if during the term of this Agreement County (i) receives notice of
action or threat of action with respect to its Debarment; or (ii) becomes
Debarred.
13. Confidentiality. County acknowledges that, in the course of perfornling its
obligations under this Agreement, County's employees, agents, independent
contractors or other representatives (hereinafter "Representatives ") may learn
certain confidential information about Hospital's business and/or patient care
operations (the "Confidential Information "). County agrees that it and its
Representatives will keep the Confidential Information strictly confidential,
and that they will not use it for any other purpose other than to perform their
obligations hereunder, and that they will not resell, transfer or otherwise
disclose the Confidential Information to any third party without Hospital's
specific, prior written consent. Upon termination of this agreement, if so
requested by Hospital, County shall return to Hospital or destroy any
Confidential Information (and all copies thereof). Confidentiality is subject
to Chapter 119, Florida Statutes, also known as the Public Records Law.
14. Use of Name. County shall not use the name, logo, likeness, trademarks,
image or other intellectual property of Hospital for any advertising,
marketing, endorsement or any other purposes without the specific prior
.written consent of an authorized representative of Hospital as to each such
use.
15. Amendment. This Agreement may not be amended, modified or changed
orally. Any amendments, modifications and changes must be in writing and
executed by an authorized representative of each of the parties hereto.
16. Independent Contractor. In the performance of County's obligations under
this Agreement, County shall at all times act as and be deemed an independent
contractor. Nothing in this Agreement shall be construed to render County or
any of its employees, agents or offices, an employee, joint venturer, agent or
partner of Hospital. County is not authorized to assume or create any
obligations or responsibilities, express or implied, on behalf of or in the name
of Hospital, except as specifically herein. The employees, methods, facilities,
and equipment of County shall at all times be under County's exclusive
direction and control.
17. Assignment. Neither party may assign this Agreement nor any rights or
obligations under this Agreement without the prior written consent of the
other party and any such assignment not in accordance herewith shall be null
and void ab initio.
18. Entire Agreement. This Agreement, together with all exhibits attached hereto,
constitutes the entire agreement between the parties hereto pertaining to the
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11/13/2012 Item 16.E.2.
subject matter hereof, and any and all other written or oral agreements
existing between the parties hereto are expressly canceled.
19. Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Florida without regard to its conflict of laws provisions.
20. Conflict. Hospital maintains and adheres to a Conflict of Interest Policy. In
that connection, County represents that no Hospital employees, officers or
directors are employees, officers or directors of County or serve on any boards
or committees of or in any advisory capacity with County.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and
legal sufficiency
S�
Deputy County Attorney
Print Name
First Witness
TType /print witness name
Second Witness
TType /print witness nameT
Fred W. Coyle, Chairman
PHYSICIANS REGIONAL HEALTHCARE
SYSTEM
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Signature
Typed signature and title