IGA-20TH JUDICIAL CIRCUIT-FLORIDA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
State Attorney's Office, Twentieth Judicial Circuit, Florida
FOR
MEDICAL EXAMINER WITNESS SERVICES
This Intergovernmental Agreement ("Agreement") is entered into by and between
Maricopa County, a body politic and corporate of the State of Arizona ("County") and the State
of Florida, a body politic and corporate by and through its Office of the State Attorney, 20 th
Judicial Circuit (SAO) and pursuant to A.R.S. 11-592.
Recitals
WHEREAS, County and SAO may contract for services and enter into agreements with one
another for joint or cooperative action pursuant to Arizona Revised Statutes §11-951, et seq.;
WHEREAS, Dr. Wendolyn Sneed ("original examining Medical Examiner") was previously
employed by Office of the District Medical Examiner District 21, in Lee County;
WHEREAS, SAO has determined that the testimony of original examining Medical Examiner is
necessary and that substitution for legal proceedings is not possible;
WHEREAS, original examining Medical Examiner is no longer employed in the State of Florida
and currently practices and resides in the County and SAO desires to utilize testimony of original
examining Medical Examiner; and
WHEREAS, County and SAO desire to enter into an agreement whereby the County will
provide the medical examiner to provide testimony in legal proceedings for the SAO;
NOW THEREFORE, County and SAO, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agree as follows:
1. PURPOSE

The purpose of this agreement is to set forth the responsibilities of the parties for
the provision of the original examining Medical Examiner by County to SAO in
legal proceedings originating in the State of Florida, 20 th Judicial Circuit.
2. DEFINITIONS
2.1 Preparation Time: All time required to review and prepare for related
depositions or courtroom testimony.
2.2 Work Day: The hours of 8 a.m. to 5 p.m. in which original Medical
Examiner is unavailable to work at the Maricopa County Office of the
Medical Examiner because she is engaged in services to the SAO in the
20th Judicial Circuit as well as any time before or after 8 a.m. to 5 p.m. in
which the original Medical Examiner is engaged in work deemed Covered
Services in 2.3 below.
2.3 Covered Services: Preparation time, time testifying or waiting to testify,
pretrial consultations, pre-hearing consultations, or pre-deposition
consultations. Covered Services also includes travel if it occurs between
the hours of 8 a.m. to 5 p.m. on a Work Day.
2.4 Travel Expenses: Includes air fare, lodging, transportation costs to airport,
transportation costs from airport to lodging, transportation costs from
lodging to court facilities and back to lodging and three daily meals at
established per diem approved by the State of Florida.
2.5 Miscellaneous Expenses: All court reporting fees whether live, via video
streaming or some other means, transcription costs, copying expenses or
document production or any other expense related to deposition or
testimony of the original examining Medical Examiner.
3. TERM
3.1 This agreement shall be effective upon execution by both parties and shall
continue for a term not to exceed five years from date of execution.
4. TERMINATION
4.1 Except as otherwise provided in this Agreement, this Agreement shall
terminate five years from execution. This Agreement, upon mutual
consent of the parties, may be extended for a period of time not to exceed

five one-year periods, or any portion thereof. Any modification or time
extension of this Agreement shall be by formal written amendment and
executed by the parties hereto.
4.2 Either party may terminate this Agreement, without cause, upon 90 days
advance written notice.
4.3 This contract is subject to cancellation for conflict of interest pursuant to
A.R.S. 38-511, the pertinent provisions of which are incorporated herein
by reference.
4.4 In the event of termination, SAO shall be liable for payment only for
services rendered prior to the effective date of the termination.
5. SCOPE
5.1 County will provide original examining Medical Examiner for deposition
or to provide testimony in court;
5.2 County will provide a conference room for all depositions conducted in
Arizona. SAO will arrange for all depositions conducted in Arizona to
take place at the Offices of the Medical Examiner at 701 W. Jefferson
Street, Phoenix, AZ.
5.2 SAO will pay for all travel expenses pursuant to the State of Florida rules
and regulations.
5.2.1 Depositions: The deposing party will pay for all preparation and covered
services as well as travel and miscellaneous expenses. To the extent
possible, depositions will take place in Arizona via teleconference or
video conference.
5.3 SAO will complete all travel arrangements and reservations through its
approved providers.
5.4 If the original examining Medical Examiner is required to review any
documentation, all such documentation shall be provided by the SAO at its
own expense.
6. PAYMENT
6.1 Method of Payment and Pricing

6.1.1 All time shall be billed at the Board of Supervisors approved fee of
$400.00 per hour not to exceed 8 hours a day. Travel expenses that are
not directly billed to the State Attorney Office will be reimbursed directly
back to the traveler at the state of Florida approved rates. The County will
provide SAO with an invoice of all time expected to be incurred as a result
of case preparation, deposition, travel and testimony. Payment shall be
made to Maricopa County within 30 days of invoice.
7. INDEMNIFICATION
7.1 To the extent permitted by law, SAO shall indemnify, defend and hold
harmless Maricopa County, its officers, departments, employees and
agents from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, or damages of any kind or nature which
result from any act or omission of Maricopa, its agents, employees or
anyone acting under its direction, control or on its behalf unless due solely
to County breach, mistake or negligence.
8. COMPLIANCE WITH LAWS
8.1 The parties shall comply with all federal, state and local laws, rules,
regulations, standards and Executive orders, without limitation to those
designated within this Agreement, The laws and regulations of the State of
Arizona shall govern the rights of the parties, the performance of this
Agreement and any disputes hereunder. Any action relating to this
Agreement shall be brought in Maricopa County, Arizona.
9. NON-DISCRIMINATION
9.1 Florida agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and
requirements to any subcontractors. Executive Order 2009-09
supersedes Executive Order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona's
website http://www.azgovernor ,gov/dms/upload/E0200909.pdf which is
hereby incorporated into this contract as if set forth in full herein. During
the performance of this contract, Florida shall not discriminate against any
employee, client or any other individual in any way because of that
person's age, race, creed, color, religion, sex, disability or national origin.
10. AMERICANS WITH DISABILITIES ACT

10.1 The patties shall comply with all applicable provisions of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and
all applicable federal regulations under the Act, including 28 CFR Parts 35
and 36.
11. SEVERABILITY
If any provision of this Agreement or any application thereof to the parties
or any person or circumstances, is held invalid, such invalidity shall not
affect other provisions or applications of this Agreement which can be
given effect, without the invalid provision or application and to this end
the provisions of this Agreement are declared to be severable.
12. NON-APPROPRIATION
12.1 Notwithstanding any other provision in this Agreement, this Agreement
may be terminated if for any reason either party does not appropriate
sufficient monies for the purpose of maintaining this Agreement. In the
event of such cancellation, the canceling party shall have no further
obligation other than for payment for services rendered prior to
cancellation.
13. WORKER'S COMPENSATION
13.1 Each party shall comply with the notice provision of A.R.S. 23-1022 (E).
For purposes of A.R.S. 23-1022, each party shall be considered the
primary employer of all personnel currently or hereafter employed by the
party, irrespective of the operations of protocol in place, and said party
shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
14. NO JOINT VENTURE
14.1 It is not intended by this Agreement to, and nothing in this Agreement
shall be construed to, create any partnership, joint venture or employment
relationship between the parties or create any employer-employee
relationship between County and any Florida employees, or between
Florida and any County employees. Neither party shall be liable for any
debts, accounts, obligations or other liabilities whatsoever of the other,

including (without limitation) the other party's obligation to withhold
Social Security and income taxes for itself or any of its employees.
15. NO THIRD PARTY BENFICIARIES
15.1 Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or
affects the legal liability of either party to the Agreement by imposing any
standard of care with respect to the maintenance of public facilities
different from standard of care imposed by law.
16. ENTIRE AGREEMENT
16.1 This document constitutes the entire Agreement between the parties
pertaining to the subject matter hereof, and all prior contemporaneous
agreements and understandings, oral, written, are hereby superseded and
merged herein. This Agreement shall not be modified, amended, altered or
extended except through a written amendment signed by the parties.
17. AMENDMENT
17.1 Any changes to this agreement shall be in writing and signed by both
parties.
18. NOTICES
18.1 Communication and details concerning this IGA shall be directed to the
following contract representatives:
Maricopa County: Office of the State Attorney:
David Boyer, Raymond E. Rhodes,
Executive Director Executive Director
Office of the Medical Examiner 20th Judicial Circuit
701 W. Jefferson Street 2000 Main Street, 6th Floor
Phoenix, AZ 85003 Fort Myers, Florida 33901
(602)506-8062 (239) 533-1000
19. SIGNATURES
19.1 The Agreement may be executed in counterparts and signatures obtained
via facsimile or electronic means shall have the same force and effect of
an original signature.

19.2 The parties executing this agreement affirmatively represent they
authorized to do so.
IN WITNESS WHEREOF, the contract is executed as set forth below:
Maricopa County: Office of the State Attorney, Twentieth:
.2AZIL3
Steve Chucri, Chairman, Step en B. Russell, State Attorney
Board of Supervisors Office of the State Attorney
20th Judicial Circuit
Date: Date:
ATTEST:
Clerk of the Board Date
APPROVED AS TO FORM:
Attorney for the County Date