Item C19
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18-19. 2000
Bulk Item: Yes -X- No
Division: Public Safctv
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement with Martin Vegue & McCluney Funeral
Home to lease premises for use as Medical Examiner facilities
ITEM BACKGROUND: On August 16.2000. the Board approved a Lease Agreement with Martin-
Veguc Funeral Home to lease premises for use as Medical Examiner facilities for a fifteen month period.
effective July 1. 2000. with the montWy cost to be based on the number of autopsies and port mortem
examinations performed at the facility. at a cost of$70.00 for each service performed eaeh month.
On August 28.2000. Martin Vegue Funeral Home was sold. and the name of the funeral home was been
changed to Martin Vcgue & McCluney Funeral Home. The attached agreement reflects the name change.
The new owner has requested that the method of payment remain the same.
PREVIOUS RELEVANT BOCC ACTION: Same as above
STAFF RECOMMENDATION: Approval
Monthlv cost will be based on number of autopsies and
post mortem examinations performcd at the facility.
TOTAL COST: at a rate of $70.00 for each service performed
COST TO COUNTY: same as above
BUDGETED: Yes
No.-X
APPROVED BY: County Attorncy YES
DIVISION DIRECTOR APPROVAL:
AMOUNT PER MONTH
IPur // g YES
/ / /'''----
REVENUE PRODUCING: Yes
No X
Risk Mana.na7cmcnt YES
I~/;~c-;:
Jamcs R. "Reggie" Paros
DOCUMENTATION: Includcd: -.X To Follow: _ Not Required: _
DISPOSITION:
Agenda Item#: ~/q
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Martin- V egue & McCluney Effective Date: August 28. 2000
Funeral Home
Expiration Date: September 30.2001
Contract PurposelDescription: Lease premises for use as Medical Examiners facilities
{Martin- Vegue Funeral Home was sold effective August 28, 2000; new name is Martin- Vegue &
McCluney Funeral Home. This agreement will replace former agreement)
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
<.':-?-? 'j-
Public Safety ../ I (./ f 1,_
(Department)
for BOCC meeting on October 18. 2000
Agenda Deadline: October 4.2000
CONTRACT COSTS
Total Dollar Value of Contract: $70.00 per
number of autopsies and p.m. examinations
Budgeted? Y es~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $70.00 per number of
autopsies/post mortem examinations
68000-530440_-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~1el Needed" /
Division Director If; ~:lesD NolL(_
Risk Management "\ \:J. 'I \C><lYesO Noif ,LJ, ~\:;~"- '1 \<'1 \ 0 0
~urc~g 4/t1)bDYeSONo!3C .~ tl/~J t),~7,,"
CountyAttomey rr/:;fljOb YeSONO~~ q-29~
Date Out
I~~'D
Comments:
OMB Form Revised 9/11/95 MCP #2
LEASE AGREEMENT
THIS LEASE is made and entered into this day of October, 2000, by
MARTIN VEGUE & McCLUNEY FUNERAL HOME, 2901 Overseas Highway,
Marathon, 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 thirteen months,
commencing August 28, 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 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 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 9768.28.
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.
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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
MARTIN VEGUE & McCLUNEY
FUNERAL HOME
By:
President/General Partner
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