Item C30
411'
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19. 2001
Division: Public Safety
Bulk Item: Yes l
No
Department: Medical Examiner
AGENDA ITEM WORDING:
Approval of Renewal Agreement with Martin Vegue & McCluney Funeral Home to provide facilities
for the Medical Examiner for an additional one year period, effective October 1, 2001, with the montWy
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: On October 18, 2000, the Board approved a Lease Agreement with Martin-
Vegue and McCluney Funeral Home to lease premises for use as Medical Examiner facilities for a
thirteen month period, effective August 28, 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 each 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 October 18, 2000, Board granted approval and
authorized execution of a Lease Agreement between Monroe County and Martin Vegue & McCluney
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 RECOMMENDA nONS: Approval
Monthlv 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 performed
COST TO COUNTY: same as above
BUDGETED: Yes X No
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
APPROVED BY: County Attorney YES
DIVISION DIRECTOR APPROVAL:
James R. "Reggie" Paros
DOCUMENTATION: Included: -.X To Follow: _ Not Required: _
AgendaItem#: j." '-'0
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Martin Vegue &
McCluney Funeral Home
CONTRACT SUMMARY
Contract #
Effective Date: October L 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 August 15.2001
Agenda Deadline: August L 2001
CONTRACT COSTS
Total Dollar Value of Contract: $70.00 per Current Year Portion:
autopsy and post mortem exam performed
Budgeted? Yes[gl No 0 Account Codes: 68000-530340
Grant: $
County Match: $
$n/a
- -
--
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitoriaL salaries, etc.)
CONTRACT REVIEW
c~ge~ ~aeout
D te I Needed W~eviewer
Division Director 77.;!'zcqYesD No : _ _ ~ ~ Z .; ~/
Risk Managt:!lent '1 \ 1<C\0 I YesD No0 (, U ~ K~~'" '1 \ 1(,. \ (, \
tf!!JPidi.ilOg7M1 YesDNo~ 0 ~ 'l-/7-tJ/
County AltOmey7)o/CJ( YesDNoPf ~~ 'ljy,,1
Comments:
OMB Form Revised 9/11/95 MCP #2
RENEWAL AGREEMENT
TillS AGREEMENT is made and entered into this day of
,2001, between the COUNTY OF MONROE and MARTIN
VEGUE AND McCLUNEY FUNERAL HOME in order to renew the agreement
between the parties dated October 18,2000.
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 October 18, 2000 agreement are the
prices for the renewal term.
2. In all other respects, the agreement between the parties dated October 18, 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 COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MARTIN VEGUE & McCLUNEY
FUNERAL HOME
By: tJd~Pr(1,{'.J..~:J-
Title: Pr-e;s: ~
WITNESS:
~!J ~ JJ1J~
. ",
LEASE AGREEMENT
TIllS LEASE is made and entered into this 18th 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.
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.
KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
cS~-f;vL~," tI.v
Mayor/Chainnan
MARTIN VEGUE & McCLUNEY
FUNERAL HOME
By: !J~P/f}~~
President/General Partner /-
J