Item C19
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16-17. 1999
Bulk Item: Yes -L No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement with Dean-Lopez Funeral Home to
lease premises for use as Medical Examiner facilities for a fifteen month period, effective July 1,
2000, at $850.00 per month, total of $10,200 per year
ITEM BACKGROUND: Dean-Lopez Funeral Home currently leases refrigeration and
operating facilities to Monroe County for use by the County Medical Examiner, at a rate of
$650.00 per month. At their meeting on August 11, 1999, the Board approved the renewal
agreement on a month to month basis pending report from staff
Separate agreements have been negotiated with the other funeral homes to compensate them for
the use of their facilities. The attached Lease Agreement with Dean-Lopez Funeral Home reflects
an increase of $200.00 per month, which is due to the upgrade of the refrigeration system.
PREVIOUS RELEVANT BOCC ACTION: On August 19, 1997, the Board entered into an
agreement with Dean-Lopez Funeral Home to provide facilities for the County Medical Examiner,
in the amount of $650.00 per month, with an option to renew for one year. On June 10, 1998, the
Board approved execution of a Renewal Agreement for an additional one year period. On August
11, 1999, Board approved agreement on a month to month basis pending report from Staff On
March 15, 2000, the Board approved a report concerning the Medical Examiners facilities and
granted approval to negotiate for additional facilities
STAFF RECOMMENDATION: Approval
TOTAL COST: $850.00 per month BUDGETED: Yes -L No
COST TO COUNTY: $850.00 per month
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
APPROVED BY: County Attorney --YES-_O
DIVISION DIRECTOR APPROVAL:
~h sing YES Risk Management 'yES
7
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/ ames R. "Reggie" Paros
/
DOCUMENTATION: Included: ~ To Follow:
DISPOSITION:
_ Not Required:
Agenda Item # J:(.L q
MONROE COUNTY BOARD OF COUNTY COMl\1ISSIONERS
CONTRACTS~ARY
Contract #
Contract with: Dean Lopez Funeral Home Effective Date:July 1. 2000
Expiration Date: September 30.2001
Contract Purpose/Description: Lease premises for use as Medical Examiners facilities
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety
(Department)
for BOCC meeting on August 16. 2000
Agenda Deadline: August 2. 2000
CONTRACT COSTS
Total Dollar Value of Contract: $10,200.00 yr.
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: lD's Z ~- /). vo
68000-530440_-_-_
- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes
D7te In Needed
8 J7/CO YesONoW
~-3-ro YesO No0
~/3/a() YesONo~ ~J:)JJP#-~
?/J/jO"d YesO No6)// , ~
Date Out
~nagement
~~./Purchasing
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8\~IDO
if~
Division Director
Comments:
OMB Form Revised 9/11/95 MCP #2
LEASE AGREEMENT
THIS LEASE is made and entered into this day of
2000, by DEAN-LOPEZ FUNERAL HOME, 418 Simonton Street, Key West, Florida
33040, hereafter LESSOR, and Monroe County, a political subdivision ofthe State of
Florida, whose address is 5100 College Road, Stock Island, Key West, Florida 33040,
hereafter COUNTY.
WHEREAS, LESSOR is the sole owner of the premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. LESSOR leases to the COUNTY refrigeration and operating
facilities at 418 Simonton Street, Key West, Florida and facilities for long-term storage of
dead human remains under refrigeration and for storage of any other items such as records
and equipment used in conjunction with the medical examiner's responsibilities at the
Florida Keys Crematory Facility located in MM 10.5, Big Coppitt Key, Florida, hereafter
referred to collectively as the premises.
Section 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3. The term of this lease is for fifteen months, commencing July 1,
2000 and ending September 30,2001. The County may exercise an option to renew this
lease for one additional year under the same terms and conditions by providing to Lessor
at least sixty days prior to the expiration of the agreement written notice of the exercise of
option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same.
Section 4. The total rental due for the premises for the first year period is
$10,200.00, payable monthly as follows:
a) Dean Lopez Funeral Home Facility at $550.00 a month, which includes:
utilities, disposal of customary infectious waste (exclusive of a major disaster where costs
would be prohibitive).
b) Florida Keys Crematory Facility at $300.00 a month which includes: utilities,
refrigeration, and storage space.
The LESSOR shall submit monthly invoices to Monroe County Public Safety
Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for processing.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
Section 5. Equipment, alterations, additions or improvements, technical land
specialized.
a) The COUNTY shall be responsible for providing all equipment needed to carry
out the functions of the Medical Examiner.
b) Any alterations, additions or improvements to the premises which the
COUNTY may require must be approved by LESSOR and shall be at COUNTY's
expense. Alterations, additions and improvements must be constructed in a workmanlike
manner, meet all applicable building and zoning codes, must not weaken or impair the
structural strength or lessen the value of the building or the premises or change the
purposes for which the building, or any part of it, may be used. Before beginning any
work, all plans and specifications must be approved by, and a building permit issued by,
the governmental entity or entities that have jurisdiction over the construction.
c) All alterations, additions and improvements at the premises at the beginning of
this lease and any that are constructed during the term, are, or will become, part of the
premises and the sole property of the LESSOR, except those moveable fixtures installed
by the COUNTY, which are its property and may be removed by the COUNTY at the
end of this lease,
"
Section 6. During the term of this lease, the COUNTY shall, at its own cost
and expense, repair or replace any damages caused by COUNTY's employees, officers
and agents, and maintain the premises in good and safe condition. The COUNTY shall
also use all reasonable precaution to prevent waste, damage or injury to the premises.
LESSOR is responsible for general maintenance and repair of the structural elements of
the premises.
Section 7. All utility and waste disposal services shall be supplied by
LESSOR.
Section 8. The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 9. The COUNTY shall, on the last day of the lease term, or earlier on
termination or abandonment, peaceably and quietly surrender and deliver the premises to
the LESSOR. Moveable fixtures and personal property that belongs to the COUNTY
may be removed on or prior to the end of the term or upon termination or abandonment.
Moveable fixtures and personal property left on the premises more than fifteen days after
the end of the term, or after the date of termination or abandonment, will become the
property of the LESSOR without the need for any payment to the COUNTY.
Section 10. The COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSOR from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorney's fees and costs - that arise out
of or are attributable to the COUNTY's operations at the premises, excluding those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence of the LESSOR, pursuant to the terms and
conditions of Florida Statutes ~768.28.
"1
Section 11. The LESSOR for itself, its personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be discriminated
against by LESSOR in the provision of services or employment or other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
Section 12. The LESSOR acknowledges that its records relating to this lease
are public records subject to disclosure under Chapter 119, Florida Statutes. Those
records must be made available to any person who requests to view them during regular
business hours (9:00 a.m. - 5:00 p.m., Monday through Friday, excluding holidays) at an
accessible location in Key West, Florida. Further, LESSOR agrees to maintain said
records for at least three years after the termination of the lease.
Section 13. This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court or
competent jurisdiction in Monroe County, Florida.
(Seal)
A TIEST: DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, KOroDA
By:
By:
Deputy Clerk
Mayor/Chairman
DEAN-LOPEZ FUNERAL HOME
By:
President
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TIle Lf.$SOR for itself. IU P(''150IuU rerlccscntatives, s-ucceS.!iOrs in
inTen~$t, and a.~SlgtlS. as a pan of'the con<rideration hereo( docs hereby Cov;:wlnt and agree
that rlO person 011 the gmnnds nf rac\;, I;,;;lul', '.)1 llUltOllai nrigia stl<1U tH.' ;JiSl;riInlnatt'Al
agaiil.'ft hv LESS()R in fhe provision of servlC-\::> m cmploymenl or oIhe-x applicabk
n~qllln~rm~nt$ impGst~,d by {if pursuant to Tith: 49, C.hic of FOOt'ftil R.egulatlom,.
[)epa.rtm(-:nt of Tn,.us-portatlon Subtitle A, Office of t be Secretary, Part 21, Elll>C1'UatK)D of
Tith: VI of ihe G\lil Rights Ad uf 19.64. and d~ ~aid RCg'.JlffiiI..HLf. n:~ay be amen,ded.
Tha~ m ~ event Qfbr~ach ofille abnve nondiscrirrination covenants, t.he County
shall have the f-i~ to lenrunate-thisagre<.'1nt..'l'rtas,if saidagrl~mcnt had nevtlf boon made
or issued, The pr~~1sion shall Tl\}t bl.~ dfecriyc until the procedures of Title 49, Code of
federal Rcgullirilon.>i. PaIt 21 a.re lo!lowed and comflkted indmhng exercise (if expirlltiun
of ar'peal nghu.,
Si<~1~~!:Il.t~, The LESSOR acknowledges that it:> r"'\~ords relating to ttris lease
are public :OI.~..mis.: ~ubjccl to dl~:k:;ure under Chapter 119. Fionda Stanrtes Th()~
ct:l.:mds fnlJ.:;.l hcnt.t('e availabll'. to any person who requc')ts to view th~m during rc:gula.l'
bu:m~e~:) hour:; (9;t')() a.m, - 500 f'nl,. Monday thnJUgh f'riday., excluding holidays) a~ an
a;;;ccs;$iblt: i~:>catipl:\ .n Key West. Horida. FUlther, LESSOR agrettll to mamtain said
n..co.-ds t~)f at leIL" thn:e yean after' the !crminatiCH) (lfthe lease
~~;;!-:!tQ.ldJ.
This k.~l.': agmement is gO'icmcd by the laws ofthe St~ue {if
Flu(jd,'1 Vt;EUC f~tr any htigaU(la aril;tt1g under [his lease agrt."l::mii:Ut ,must he in a court or
~x)ft'..pcteut ;uris4ietl<m in MoN'(~ CllUnf.'1,f(Olldl!
( S;;:al)
A1TE$T, DANN~KOU{AGE, CLERK
BO.a..RD OF COUNTY COMMISSIONERS
Of MONKOF. COUNTY. H..ORID.r*.
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By: _.__._..,...
Dt:pllCy Cie. k
M.ayoriChairm.an
DEAN.l},Ii'L:L...f1JNJ3RAl. H()~~;
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