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Item C20 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 16-17. 2000 Bulk Item: Yes -L No Division: Public Safety Department: Medical Examiner AGENDA ITEM WORDING: Approval of Agreement with Martin Vegue Funeral Home to lease premises for use as Medical Examiner facilities for a fifteen month period, effective July 1,2000, with the monthly cost to be based on the number of autopsies and post mortem examinations performed at the facility, at a cost of $70.00 for each service performed each month ITEM BACKGROUND: At this time, only Dean Lopez Funeral Home is being compensated for the use of their facilities by the Medical Examiner. However, the Medical Examiner uses the Martin Vegue Funeral Home to perform autopsies and post mortem examinations for most cases that originate in the Middle Keys area. Martin Vegue Funeral Home prefers to be compensated on a per case basis, rather than a flat monthly fee. The per service cost is based on the comparison of activity between the Martin Vegue and Dean Lopez Funeral Homes, as provided by the Medical Examiners Office. The rental amount due will be based on the number of autopsies and post mortem examinations performed at the facility by the Medical Examiner during that month, at a cost of$70.00 for each service performed on site. PREVIOUS RELEVANT BOCC ACTION: 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 Monthly cost will be based on number of autopsies and post mortem examinations performed at the facility. TOTAL COST: at a rate of $70.00 for each service Derformed COST TO COUNTY: same as above BUDGETED: Yes No X REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Attorney YES DIVISION DIRECTOR APPROVAL: DISPOSITION: James R. "Reggie" Paros To Follow: _ Not Required: _ Agenda Item #: ~ DOCUMENTATION: Included:...x MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Martin Vegue Funeral Effective Date:July 1. 2000 Home Expiration Date: September 30.2001 Contract Purpose/Description: Lease premises for use as Medical Examiners facilities Contract Manager: James R. Paras (Name) 6002 (Ext.) ~n p#--; 't- Public Safety (Department) for BOCC meeting on Julv 26 2000 Agenda Deadline: Julv 12 2000 CONTRACT COSTS Total Dollar Value of Contract: $70.00 per number of autopsies and p.m. examinations Budgeted? YesO No ~ Account Codes: Grant: $ County Match: $ Current Year Portion: $70.00 per number of autopsies/post mortem examinations 68000-530440_-_-_ - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~at Out te Needed v' er Division Director f ;;:1> YesO N~~ 0' J ~anager)~nt c..("l?lOOYesONo~ ,W~ ~{W'-. (01<-1\00 ~~JPur~ f//2(f~tJ YesO NO~~ t/ ~ ~-lJ-~ County Attorney (,Po/Q() YesO NOD"-:;:~~ t/1o)2' Comments: OMB Form Revised 9/11/95 MCP #2 LEASE AGREEMENT THIS LEASE is made and entered into this day of 2000, by MARTIN VEGUE FUNERAL HOME, Florida 33050, hereafter LESSOR, and Monroe County, a political subdivision of the 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 2901 Overseas Highway, Marathon, Florida. 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 a period of 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 amount due will be based on the number of autopsies and post mortem examinations performed at the facility, at a cost of $70.00 for each service performed on site by the Medical Examiner during that month. The LESSOR shall submit montWy 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. The COUNTY shall be responsible for providing all equipment needed to carry out the functions of the Medical Examiner. Section 6. All utility and normal refuse services shall be supplied by LESSOR, with the exception ofbiohazardous waste, which is under the jurisdiction of the Office of the Medical Examiner. Section 7. 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 8. 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. Section 9. 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. 2 Au~ 02 00 05:02p T.M. Ralph Plantation F.H 954-587-5582 p.4 . r 'II jl_11 .. Section 10. 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) ATTEST: DANNY KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chainnan 3