Item C29
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19. 2001
Division: Public Safety
Bulk Item: Yes lL
No
Department: Medical Examiner
AGENDA ITEM WORDING:
Approval of Renewal Agreement with Dean Lopez Funeral Home to provide facilities for the Medical
Examiner for an additional one year period, effective October 1, 2001, at $850.00 per month, total of
$10,200.00 per year
ITEM BACKGROUND: : On August 16, 2000, the Board approved a Lease 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. The agreement provides for an option to renew the lease
for one additional year under the same terms and conditions by providing the Lessor at least sixty days
prior to the expiration of the agreement written notice of the exercise to option.
PREVIOUS RELEVANT BOCC ACTION: On August 16, 2000, Board granted approval and
authorized execution of a Lease Agreement between Monroe County and Dean Lopez Funeral Home to
lease premises for use as Medical Examiner facilities.
CONTRACT/AGREEMENT CHANGES: This Renewal Agreement extends the agreement for one
additional year under the same terms and conditions as the original agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $850 per month total $10.200 per year
COST TO COUNTY: same as above
BUDGETED: Yes X No
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
DOCUMENTATION: Included:-X
S
APPROVED BY: County Attorney YES
DIVISION DIRECTOR APPROVAL:
o Follow: _ Not Required: _
Agenda Item #: J" ,,:a.,
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dean-Lopez Funeral Home Effective Date: October 1. 2001
Expiration Date: September 30.2002
Contract Purpose/Description: Exercise option to renew agreement to lease premises for Medical
Examiner. Contract requires 60 day notice.
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety
(Department)
for BOCC meeting; on AUmIst 15 2001
Agenda Deadline: AmIDst 1 2001
CONTRACT COSTS
Total Dollar Value of Contract: $10,200 Current Year Portion: $n/a
Budgeted? Yescg] No D Account Codes: 68000-530340 -_-_
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Change~ Date Out
~at7 In Needed iewer -:.- L . J
Division Director oP/ I e.:,~, YesO No . _ -. 0/ ::J/ Il!Y-:I
Risk Manag5"J)t '1 \ 1(.,1 0) YesO No[g" LA. ' \,}_\.\.~ f;:~~)-(;-:Iv.""" '111 ko I 0 1
o~r~~ 7-1~-{)IYeSONoD-----4-tp,h () ~ '7-/7-0/
CountyAttomey 1/0/&1 YesDNo!L:r' S~ 7/~/
Comments:
OMB Form Revised 9/11/95 MCP #2
RENEWAL AGREEMENT
TIllS AGREEMENT is made and entered into this day of
~ 200 I. between the COUNTY OF MONROE and DEAN-LOPEZ
FUNERAL HOME in order to renew the agreement between the parties dated August 16,
2000.
1. In accordance with Section 3 of the agreement. the County hereby exercises its
option to renew the Agreement for an additional one year term. beginning
October 1.2001. The prices stated in the August 16,2000 agreement are the
prices for the renewal term.
2. In all other respects, the agreement between the parties dated August 16, 2000
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISsrONERS
OF MONROE COUNTY. FLORIDA
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
DEAN-LOPEZ FUNERAL HOME
By: ~~W~
\
Title: t"'l'\ ~ fV PI. ~ e. <t-
V ; C.€.,. p( e ~ i d .e ,.A
WITNESS:
LEASE AGREEl\1ENT
TIllS LEASE is made and entered into this 16th day of August, 2000, by
DEAN-LOPEZ FUNERAL HO:ME, 418 Simonton Street, Key West, Florida 33040,
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 remgeration and operating
facilities at 418 Simonton Street, Key West, Florida and facilities for long-term storage of
dead human remains under remgeration 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, rhust 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 installedeby the COUNTY, which are its property and may be removed by the COUNTY at the
end of this lease.
'1
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 suppiied 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, indenmify and hold hannless 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 representati~es, 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 Regul~tions, 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
in Monroe County, Florida.
By'_Oc..'",O c..~\6~
-
BOARD OF COUNTY COtillvfISSIONERS
OFMO~9~c~~,nO~A
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By: ,r
."
Deputy Clerk
Mayor/Chairman
DEAN-LOPEZ ~OME
By: IM1-
I President
.1