HomeMy WebLinkAbout2003-304 A
BOARD OF � COUNTY
COUNTY ® ATTORNEY
COMMISSIONERS
June 29 , 2004 Daniel S . McIntyre
Edwin R. Massey , Ph . D . Heather Young ASSISTANT COUNTY ATTORNEY
President Katherine Mockenzie-Smith ASSISTANT COUNTY ATTORNEY
Indian River Community College Victoria Winfield ASSISTANT COUNTY ATTORNEY
3209 Virginia Avenue
Fort Pierce , Florida 34981
William G . Collins , Esq .
County Attorney
Indian River County
184025 1h Street JUL 2 2004
Vero Beach , Florida 32960 - 3365
Stephen Fry , Esq .
County Attorney
Martin County
2401 Southeast Monterey Road
Stuart , Florida 34996
John Cassells , Esq .
County Attorney
Okeechobee County
304 Northwest Second Street
Okeechobee , Florida 34972
Dr . Roger Mittleman
Medical Examiner for District 19
2500 South 35th Street
Fort Pierce , Florida 34981
RE : Medical Examiner Interlocal Agreement
Gentlemen :
Enclosed is a copy of the recorded Amended and Restated Interlocal Agreement (Medical Examiner)
for your files .
Sincer ly ,
Daniel S . McIntyre
County Attorney
DSM /caf
Enclosure
Copy to : County Administrator
Management & Budget Director
Finance Director
JOHN D . BRUHN , District No . 1 DOUG COWARD , District No . 2 PAULA A . LEWIS , District No . 3 FRANNIE HUTCHINSON ,
District No . 4 CLIFF BARNES , District No . 5
County Administrator - Douglas M . Anderson
2300 Virginia Avenue • 3rd Floor Admin . Annex • Fort Pierce , FL 34982 -5652 Phone ( 772 ) 462 - 1441
FAX ( 772 ) 462 - 1440 9 TDD ( 772 ) 462 - 1428
leo - 49
JOANNE HOLMAN , CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
File Number : 9.378673 OR BOOK 1934 PAGE .9576
Recorded : 04 / 05/04 11 : 50
1537021
THIS DOCUMENT HAS BEEN RECORDED AMENDED AND RESTATED ! t ^! Q
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL INTERLOCAL AGREEMENT '� tJ
BK : 1723 PG : 806 , Pagel of 10 ( MEDICAL EXAMINER )
04/27/2004 at 04 :44 PM ,
JEFFREY K BARTON , CLERK OF
COURT
THIS IS AN AGREEMENT by and between the MEDICAL EXAMINER FOR
DISTRICT 19 , FLORIDA ( Examiner ) , the DISTRICT BOARD OF TRUSTEES (the Board )
of INDIAN RIVER COMMUNITY COLLEGE , a public educational institution (IRCC) , and
Q INDIAN RIVER COUNTY , MARTIN COUNTY , OKEECHOBEE COUNTY , and ST . LUCIE
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COUNTY , political subdivisions of the State of Florida that collectively constitute Medical
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r` Examiner District 19 (the Counties ) , for the purpose of providing medical examiner services
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within Medical Examiner District 19 .
In consideration of the mutual advantages accruing to the parties , the Examiner , the
�C4 Board , and the Counties agree as follows :
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ui SECTION 1 . STATUS OF THE MEDICAL EXAMINER AND COUNTIES .
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= a (a ) The Examiner shall be an independent contractor , not the agent , servant or
employee of the Counties or any other entity or organization . As such , he shall maintain
complete and total control of his employees , agents and servants .
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=' imo ( b ) The Examiner , or his designee , shall prepare and submit a total uni f ied budget
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JC& by April 1 of each year to each County respectively for the operation of the Medical Examiner
Ix C3 District which shall be subject to approval of the Counties . As set out in Section 4 , budgeted
monies shall be paid directly to the Examiner for proper disbursement to entitled parties .
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t I ( c ) The Examiner shall comply with Titles VI and VII of the Civil Rights Act of
rates 1964 ; Executive Order Number 11246 entitled " Equal Employment Opportunity " ; as
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N = W supplemented by regulations of the. United States Department of Labor (41 C. F . R . Part 60 );
U. WC and applicable Federal Regulations concerning non - discrimination on the basis of mental and
physical handicaps .
( d ) The Examiner and the Counties shall comply with all applicable provisions of
Chapter 406 of the Florida State Statutes , and rules and regulations of the Medical
Examiner 's Commission .
( e ) The Examiner shall comply with applicable Standards of Accountability ,
including :
INSTR 3. 752062
OR BIC 01899 PG 2103
RECORDED 05 / 19 / 2004 10 : 52 : 19 AM
g : \atty \agreemnt \ interloc \ medical examiner - 1 - MARSHA EWING
CLERK OF MARTIN COUNTY FLORIDA
RECORDED BY C Burkey
OR BOOK 1934 PAGE 2577
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i , using an accounting system that meets generally accepted accounting
� principles ,
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ii , maintaining such records and accounts as are necessary to properly
If{ account for funds disbursed to and expended by the Medical Examiner ,
iii . retaining relevant records for a period of not less than three ( 3 ) years ,
unless otherwise provided by law .
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iv , affording the Medical Examiner Commission , the Florida Department of
Law Enforcement , the Counties and the Auditor General access to all records and accounts
necessary to justify the . use of funds disbursed by the Counties .
V, using funds received from the Counties only for the provision of Medical
Examiner services ,
vi . maintain a detailed inventory of fixed assets for tangible personal
property .
vii , affix a property tag number to each piece of equipment owned by the
medical examiner .
(f ) The Examiner shall provide the Counties with a quarterly expenditure report
in a form acceptable to the Counties .
(g ) The Examiner shall annually provide the Counties with a copy of a financial audit
required by Section 11 . 45 , Florida Statutes ( 2002 ) . The Examiner agrees to select as its
auditor the auditor selected by St . Lucie County to prepare the financial audit for the County.
SECTION 2 . RENTAL AGREEMENT CONCERNING MORGUE LOCATED AT
INDIAN RIVER COMMUNITY COLLEGE
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(a ) LEASE TERM . Pursuant to Section 406 . 08 ( 5 ) , Florida Statutes , Counties do
hereby agree to provide for Examiner and his successors , and in consideration of the
covenants herein contained , IRCC does hereby rent to Counties for the use and benefit of 0
Examiner and his successors that certain building known as " The Morgue " located at Indian 1�0
River Community College ( College ) , 3209 Virginia Avenue , Fort Pierce , Florida , more W
particularly described in Exhibit " A " , for a period of fif teen ( 15 ) years beginning on the 1ST 'I
day of October , 2003 , and ending on the 30" day of September , 2018 . In the event IRCC C
constructs a new facility which contains adequate space for the Examiner 's operations and
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OR BOOK 1434 PAGE 2578
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�7 upon mutual agreement of the parties , the Examiner shall relocate his operations to this
CL facility and IRCC may use the vacant Morgue in Building I for other purposes as it deems fit.
lr� This new space shall become known as the Morgue for the purposes of this agreement .
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(b ) OPTION . Within ten ( 10 ) years from the date of this agreement , the Board
agrees to discuss with the Counties the granting of an option to the Counties to extend the
lease term for an additional period of time . At the completion of the lease term , the Counties
shall have the right of first refusal with respect to the subsequent lease of the Morgue.
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Q (c ) RENTAL DURING INITIAL TERM Counties , for the benef it of Examiner , in
consideration of this Agreement and of the covenants and Agreement made herein rents said
premises for said term and does hereby promise to pay -i o IRCC as rental for said premises ,
the sum of one and 0 / 100 ($ 1 . 00 ) dollars per year , payable in advance on the 1St day of
October each successive year .
(d ) CONDITION AND USE OF PREMISES ' EQUIPMENT The Examiner accepts
the equipment the equipment identified in Exhibit " B " in its present condition . The Examiner
agrees to keep said premises in a good , clean condition ; make no alterations or additions to
same without the consent of IRCC which consent shall not be unreasonably withheld ; permit
no waste thereon ; and to obey all laws and ordinances affecting said premises . Examiner
further agrees to use the premises for the performance of autopsies , examinations , and
other investigations as deemed necessary by the Examiner and for no other purposes . It is
specifically agreed that Examiner shall not use the premises for any personal or private use;
the premises to be used solely for Medical Examiner services . In the event it becomes
necessary to provide additional major equipment for the Morgue and if agreed by Counties ,
same shall be provided by Counties . Any equipment purchased with monies budgeted by the
Counties shall become the property of the Office of the Medical Examiner and shall be
properly tagged .
(e ) MAINTENANCE OF PREMISES , PAYMENT OF EXPENSES . IRCC agrees to
maintain the exterior of the premises as set f orth in the budget approved in accordance with o
section 3 of this Agreement; however , as set forth in the budget approved in accordance with
section 3 of this Agreement , it shall be the responsibility of Counties to provide budgeted
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funds for the maintenance of the interior of the premises , including the air - conditioning ,
heating systems , and plumbing facilities provided that the Counties are not responsible to
keep same in proper working condition . Counties shall be further responsible for funding , as
set forth in the budget approved in accordance with section 3 of this Agreement , all utilities
on the premises , including but not limited to , electricity , water and sewer (all of which shall
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be metered separately) , internal security , janitorial service , garbage pick - up and telephones .
It is understood that Counties have installed a telephone system at the premises , which N}
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CS OR BOOK 1934 PAGE 2579
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IL telephone lines will be routed directly into the Morgue and not through the College
V, switchboard . No access to the telephone lines shall be permitted by any other extension not
M in the Morgue premises or through any other equipment . Examiner shall also make provisions
1V ' for a separate mailbox or post office box to serve the Morgue and Medical Examiner which
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C, in no way shall be connected to the College . It is also understood by the parties that the
�4 Examiner for auditing purposes is an independent special district and is responsible for all
M interior maintenance and utility costs as set forth in this section 2 ( e ) , procurement of
X supplies , including the cost thereof and all matters of Medical Examiner personnel , including
0 payroll records ; it being understood that all payroll shall be paid by Examiner .
SECTION 3 , PROCEDURE TO REVIEW AND APPROVE THE MEDICAL
EXAMINER'S BUDGET
Pursuant to Section 1 (b ) of this Agreement , the Medical Examiner shall present a total
unified budget for the following fiscal year by April 1 of each year to each County
respectively . Upon receipt of the budget , the budget shall be referred to a Medical
Examiner's Budget Committee , which shall be composed of one ( 1 ) representative from each
of the four (4 ) counties as appointed by each Board of County Commissioners , respectively.
The members of the Committee shall review the proposed budget and may schedule meetings
with the Medical Examiner to discuss the proposed budget . All meetings of the Committee
are subject to the provisions of Section 286 . 011 , Florida Statutes ( 2002 ) , as amended . The
Committee may make recommendations to the four (4 ) Boards of County Commissioners as to
whether to adopt or amend the proposed budget . The Committee shall complete its
deliberations by May 15 of each year .
Upon completing its deliberations , the Committee shall forward the proposed budget
to the budget officer or other designated officer f or each of the four (4 ) counties . The
proposed budget shall then be presented to each of the four (4 ) Boards of County
Commissioners for consideration during the Board 's normal budgetary process . The proposed
budget shall be subject to the approval of each of the four (4 ) Boards of County
Commissioners . The Counties agree that the proposed budget may not be increased without
the consent of all four (4 ) counties . In the event any of the four (4 ) Boards of County
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Commissioners determine to reduce the total unif ied budget as proposed , the Board (s )
reducing the proposed budget shall amend the proposed total budget , adopt the amended
total budget and notify the other counties of the action taken on the budget within seven (7)
days . The amended total budget , if reduced by one ( 1 ) or more of the counties , shall be
deemed to be the approved budget by all four (4 ) counties . Nothing in this Agreement shall LO
prohibit the Medical Examiner from requesting additional appropriations for good cause T
shown , from the Counties during the budget year . The Counties acknowledge that the effect
of this section will be that any of the four (4 ) Board of County Commissioners may reduce the µ?
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OR BOOK 1934 PAGE 2580
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total budget without the consent of the other counties and that the lowest approved total
budget shall be deemed to be the total budget approved by the Counties .
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U+ SECTION 4 . DIVISION OF RENTAL AND OPERATING EXPENSE
(a) The expenses of operating the Medical Examiner 's Off ice including rental and
purchase of additional equipment as set out herein shall be divided among and borne by the
Counties .
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( b ) CALCULATION . The Counties agree to calculate the division of rental and
operating expenses April 1 of every year during the term of this Agreement beginning in 2004
by using the above f ormula based on the autopsy and death figures f rom the year preceding
the year the expenses are recalculated . The recalculation shall be effective on the following
October 1 .
SECTION 5 . PAYMENT OF RENTAL AND OPERATING EXPENSES
(a ) During the term of this Agreement , Indian River , Martin , Okeechobee and St.
Lucie Counties shall pay to IRCC its estimated , respective share of the rental of the Morgue
in advance annually on the 1St day of October of each year effective beginning in 2003 .
During the term of this Agreement , the Counties shall pay to the Examiner its estimated ,
respective share of the Examiner 's monthly operating expenses based on the budget approved
by the Counties and on the formula set out in Section 3 . The operating expenses shall be paid
in advance monthly beginning on the 1St day of October , 2003 .
( b ) If during any period of this Agreement , the rental and operating expenses of
the Morgue are less than the amounts received from the Counties , the excess funds shall be
carried forward to the next year and shall be applied to that county's share of the operating
expenses for the next succeeding year .
(c ) No county shall be deemed to assume any additional share of the total operating n
expenses of the Morgue by reason of the default of one or more of the other counties . +
SECTION 6 INSURANCE AND INDEMNIFICATION
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During the term of this Agreement , IRCC shall provide fire and extended casualty Cmac+
insurance coverage for the real property owned by the Board , in full insurable value . 0
Examiner shall provide fire and extended casualty insurance coverage for equipment owned T
by Examiner in full insurable value . G?
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�. OR BOOK 1934 PAGE 2581
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LD During the term of this Agreement , the Examiner shall obtain and carry professional
L liability insurance as required by Chapter 406 of the Florida Statutes in an amount not less
0 than $ 1 ,000 ,000 .00 . Solely , to the extent allowed by Florida law , and in no event greater than
, the limits set out in Section 768 . 28 , Florida Statutes , each party to this Agreement agrees
0 to indemnify and hold the other parties harmless from damages resulting from the negligence
of each party , its agents and employees .
SECTION 7. COVENANTS BY EXAMINER .
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(a) During the term of this Agreement , the Examiner and his successors agree to
occupy and use the Morgue facilities to perform autopsies within the four (4 ) county area.
( b ) At no time shall there by any personnel in the Morgue located at the College ,
other than custodians approved by the Examiner , unless accompanied by a representative
from the Medical Examiner's office , except during an emergency. During an emergency , the
Medical Examiner will be contacted as soon as possible . During normal business hours , no one
shall proceed beyond the front reception area of the Morgue without the express consent
of Medical Examiner personnel and unless they are accompanied by Medical Examiner
personnel . After normal working hours , no one other than Medical Examiner personnel , shall
be allowed in the Morgue unless prior permission is obtained from the Medical Examiner's
off ice; and they are accompanied by Medical Examiner personnel , except in the event of an
emergency. Examiner shall provide College and continue to provide College with a current list
of all Medical Examiner personnel throughout the term of this Agreement .
SECTION 8 . MISCELLANEOUS PROVISIONS .
(a ) Any alteration , variation , modification , extension , renewal , or waiver of the
provisions of this Agreement shall be valid only when reduced to writing , duly authorized and
signed , by all parties , and attached to the original .
( b ) In the event of litigation regarding this Agreement , the prevailing party shall n
be entitled to payment from the defaulting party of all court costs and reasonable attorneys ' +
fees incurred in the action .
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(c ) The name of the Morgue facility located at the College shall be " Office of the 0
Medical Examiner , District 19 , Florida " .
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(d ) This Agreement shall be binding on the parties hereto , their successor and %I
assigns when permitted . If the premises shall be wrecked or destroyed by fire or other 61
casualty so as to render it unfit for occupancy , IRCC shall use the insurance proceeds to N)
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4� OR BOOK 1934 PAGE 2582
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repair or reconstruct said premises as speedily as possible but in no event shall any party
hereto be entitled to compensation or damage on account of the annoyance or inconvenience
of IRCC in making said repairs ; and neither Examiner nor County shall be entitled
to
0 compensation or damage on account of such destruction .
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(e ) Neither Examiner nor Counties may sublet or re - rent the subject premises or
any part thereof or assign this Agreement or permit any transfer thereof by operation of
law without the consent in writing from all parties . Any assignee or sublessee must be
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approved by all parties . Any assignee or sublessee must be approved by all parties , and such
written consent or approval by all parties shall in no way affect or relieve Examiner or
Counties of their obligation arising under this Agreement or the laws of this State .
(f ) This Agreement embodies the whole understanding of the parties . There are
no promises , terms , conditions or obligations other than those contained herein; and this
Agreement shall supersede all previous communications , representations , or Agreements ,
either verbal or written , between the parties hereto .
(g ) The Agreement may only be amended by a written document signed by all
parties and filed with the Clerks of the Circuit Court of Indian River County , Martin County ,
Okeechobee County and St . Lucie County , Florida .
( h ) This Agreement can be cancelled upon giving twelve ( 12 ) months prior written
notice before the beginning of the next fiscal year by anyone ( 1 ) of the four (4 ) Counties
provided that the non - terminating Counties shall have the option to continue renting the
morgue facilities subject to the terms and conditions of this Agreement . The termination
of this Agreement shall not require IRCC to refund any monies collected by the Board
pursuant to this Agreement . In addition , the termination of this Agreement shall not require
any of the non -terminating counties or the Medical Examiner to refund any monies or
equipment collected or purchased pursuant to this Agreement .
(I) This Agreement shall be filed with the Clerks of the Circuit Court of Indian n
River County , Martin County , Okeechobee County and St . Lucie County , Florida , prior to its
effectiveness .
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SECTION 9 . NOTICE.
All notices or other communications hereunder shall be in writing and shall be deemed
duly given if delivered in person or sent by certified or registered mail , return receipt V
requested , first class , postage prepaid and addressed as follows : Cl
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IF TO IRCC : With a copy to :
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Dean of Administration and
� Finance
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0 3209 Virginia Avenue
Fort Pierce , Florida 34982
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IF TO EXAMINER : With a copy to :
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Dr . Roger M . Mittleman
Medical Examiner
2500 South 35th Street
Fort Peirce , Florida 34981
IF TO COUNTIES : With a copy to :
St . Lucie County Administrator Indian River County Administrator
2300 Virginia Avenue 1840 - 25 1h Street
Fort Pierce , Florida 34982 Vero Beach , Florida 32960
Martin County Administrator
2401 S . E . Monterey Road
Stuart , Florida 34996
Okeechobee County Administrator
304 Northwest Second Street
Okeechobee , Florida 34972
IN WITNESS WHEREOF , the parties have executed this Agreement by their duly
authorized officials on the dates stated below . This Agreement may be executed in
counterparts and each fully executed counterpart shall be deemed an original instrument .
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DISTRICT BOARD OF TRUSTEES OF r
WITNESS : INDIAN RIVER COMMUNITY COLLEGE
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BY -��
Bruce R . Abernethy , hairman CD
(SEAL) Date : 3 / 23 / 04
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Edwin R . Massey ,(/Ph . D . W)
President N
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OR BOOK 1934 PAGE 2584
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INDIAN VER COU TY , FLORID
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Sj yi 4
1. -
M f ° • eY :
�" : Clerk Chairman , Board of County
C, � : Commissioners
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W . * ,
(SEAL) Date . November 18 , . 2003
LC ,
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A RONED :
APPRO ED AS TO FORM AND
c ntyAd nistrator -GAL SUFFI
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County Attorney.
ATTEST : MARTIN COUNTY , ,F,00RIDA
BY
CI k hai man , Board of County
Commissioners
- (SEAL)
DateDecember 15 , 2003
:
APPROVED AS TO FORM AND
CORRECTNESS :
County Attorney
t sx OKEECHOBEE COUNTY , FLORIDA
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a Clerk R T r n
- Chair an , Board of ounty
Commissioners lD
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% �r.:,, r r '4Dx � (SEAL) February 12 2004
Date : r �+
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OR BOOK 1934 PAGE 2585
APPROVED AS TO FORM AND
CORRECTNESS :
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County Attorney
AT -T * ST . LUCIE COUNTY , RID
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Chairman , oard of County
\^ AAs ..y *• •c®�
.; a. GOU Ply Commissil ners
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: APPROVE AS TO FORM AND
COR AECTESS :
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Cou ty Attorn y
MEDICAL EXAMINER DISTRICT 19 ,
WITNESS : FLORIDA
Notary Public (and Seal )
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