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Item C21 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~RY Meeting Date: . August 16-17. 2000 Bulk Item: Y es ~ No Division: Public Safety Department: Medical Examiner AGENDA ITEM WORDING: Approval of Agreement with Beyer Funeral Home to lease premises for use as Medical Examiner facilities for a fifteen month period, effective July 1,2000, at a cost of $215.00 per month, total of $2,580.00 per year 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 Beyer Funeral Home to perform autopsies and post mortem examinations for most cases that originate in the Upper Keys area. Beyer Funeral Home prefers to be compensated at a monthly rate of$215.00 per month. The per month cost is based on the comparison of activity between the Beyer and Dean Lopez Funeral Homes, as provided by the Medical Examiners Office. 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 TOTAL COST: $2.580.00 per vear COST TO COUNTY: same as above BUDGETED: Yes No X REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Attorney ~ DIVISION DIRECTOR APPROVAL: ement. YES DISPOSITION: To Follow: _ Not Required: _ Agenda Item #: ~ I DOCUMENTATION: Included:-X MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Beyer 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) Av9/b, ~ for BOCC meeting on Jtll} 26. lQgO 6002 (Ext.) Public Safety (Department) Agenda Deadline: July 12. 2000 ~I zJ aD CONTRACT COSTS Total Dollar Value of Contract: $2,580.00 yr. Budgeted? YesD No L8J Account Codes: Grant: $ County Match: $ Current Year Portion: bk. 1(.;. ':J-t), {)<.J 68000-530440_-_-_ - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Dtte In Needed_ / Division Director ~/7 7 C0 YesD No[kj - Ri~gement 8-2>-00 YesDNoG2J _, . O.M.B./Purchasing 'ill ",I()O YesDNo~~ County Attorney 8'1 J.//~ YesD No~ .S~ Date Out ~/7/C() <63-00 si~1 DD VV /f/[l Comments: OMB Form Revised 9/11/95 MCP #2 LEASE AGREEMENT THIS LEASE is made and entered into this day of 2000, by BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037, 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 101640 Overseas Highway, Key Largo, 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 one year, 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 $2,580.00, payable monthly as follows: a) Beyer's Funeral Home Facility at $215.00 per month, which includes refrigeration and use of the facilities for autopsies and post mortem examinations. 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. 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 attomey~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 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/Chairman BEYER FUNERAL HOME By: President 3 FROM : BEYER FUNERAL HOI'E ,",Y.ll.. uy_ III L.~.:::JC'~CIo. tJ'UU1 FAX NO. : 305-451-1445 Jec~u~Lei AUg-~.UU Aug. 02 2000 05: 26PM P1 !):U;:I-'U; I-'ag. 4/4 I .. .'1.' .1 ... -'.'1 1I""~1,,''''II'II'I~'U'''I.I'tptrt.1 _,... .t I Section I ~ This lease agreement is govem~ by the Iawl of th~ State of Florida. VCDut: ~ arty Ji~ ari:in, under thilleue agreement must be in a court or . I , I COI13petcDl ju~Oft in Monroe COuDty, Ploridi.. : I , . 1 . , . , . I ! ! : ~ (Seal) ~ ; i i A1"rEST: O~~~a.HAcm. CLERK ~ ! BOARD OF CCXJ"NTY COMMlSSIO)l.'ERS OF MONROE COUNTY, nDlUDA By: By: DcputyiQark : ! : , Ma)lOl'ICbairmm . , , ! BEYER FUNERAL HOME : ~ ~ 8':~ . cr/ ; : 3