Item C22
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16. 2002
Bulk Item: Yes --L No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement with Dean & Sons Funeral Home Cemetery
and Cremation Services, Inc., to sublease premises for use as Medical Examiner facilities for a one year
period, effective October 1, 2002, at a cost of $800.00 per month, total of $9,600 per year
ITEM BACKGROUND: Monroe County had an agreement with McCluney Funeral Home in
Marathon, which provided for the Medical Examiner to use the funeral home as a facility to perform
autopsies and post mortem examinations in the Middle Keys area. However, William McCluney closed the
business in June, 2002.
Dean & Sons Funeral Home Cemetery and Cremation Services, Inc. is leasing a facility in Big Pine
Key. They have agreed to sublease the facility to the County for the Medical Examiner to use to perform
autopsies and post mortem examinations.
The attached agreement provides for Dean & Sons Funeral Home Cemetery and Cremation
Services, Inc. to be compensated at a rate of $800.00 per month, total of $9,600.00 per year.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: This is a new agreement..
STAFF RECOMMENDATION: Approval
TOTAL COST: $9.600.00 per year
COST TO COUNTY: same as above
REVENUE PRODUCING: Yes
APPROVED BY:
BUDGETED: Yes X No
NoX
AMOUNT PER MONTH
DIVISION DIRECTOR APPROVAL:
County Attorney YES OMB/Purchasing YES Risk Management YES
//2
h&" z-
DOCUMENTATION: Included: X
To Follow: Not Required: _
DISPOSITION:
Agenda Item #: C::V? ~~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dean & Sons Funeral Effective Date: October L 2002
Home Cemetery and Cremation Services.
Inc.
Expiration Date: September 30.2003
Contract PurposelDescription: Lease premises for use as Medical Examiners facilities
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety - Stop 14
(Department)
for BOCC meeting on Seotember 18 2002 Agenda Deadline: Seotember 4 2002
CONTRACT COSTS FY 2003
Total Dollar Value of Contract: $9,600.00 yr. Current Year Portion: $9.600.00
Budgeted? Yes[8J No 0 Account Codes: 68000-530440 -
Grant: $ -------
County Match: $ -------
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
,9a!f In Needed
Division Director /tJ / II tooL Y esO N~
Risk Management 9, 19-0.JYesD No0' P~'R-Od-.
O.M.B./Purchasing /SIll)' \ 02.- YesGl1'ioO c1~ 0\ \ q 1
County Attorney &' { I '1/0 2- YesO No[k( rx.~ ?!-tJ!02--
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OME Form Revised 9/11/95 MCP #2
Date Out
/OJ4~7
LEASE AGREEMENT
THIS LEASE is made and entered into this _ day of , 2002,
by DEAN & SONS FUNERAL HOME CEMETERY AND CREMATION SERVICES,
INC., 31140 Overseas Highway, Big Pine Key, Florida 33043, hereafter
LESSEE/SUBLESSOR and Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter
SUBLESSEE.
WHEREAS, the property is owned by Pinewood Memorial Cemetery, Inc. and
leased to Dean & Sons Funeral Home; and
WHEREAS, the SUBLESSEE 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. LESSEE/SUBLESSOR leases to the SUBLESSEE refrigeration
and operating facilities at 31140 Overseas Highway, Big Pine Key, Florida.
Section 2. The SUBLESSEE 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 October 1, 2002
and ending September 30, 2003. The SUBLESSEE may exercise an option to renew this
lease for one additional year under the same terms and conditions by providing to
LESSEE/SUBLESSOR at least sixty days prior to the expiration of the agreement written
notice of the exercise of option.
Either party may tenninate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to tenninate same.
Section 4. The total rental due for the premises for the first year period is
$9,600.00, payable monthly as follows:
a) Dean & Sons Funeral Home Cemetery and Cremation Services, Inc., at
$800.00 per month, which includes refrigeration and use of the facilities for autopsies and
post mortem examinations.
The LESSEE/SUBLESSOR shall submit montWy invoices to Monroe County
Public Safety Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for
processmg.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
Section 5. The SUBLESSEE 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
LESSEE/SUBLESSOR, with the exception ofbiohazardous waste, which is under the
jurisdiction of the Office of the Medical Examiner.
Section 7. The SUBLESSEE may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the SUBLESSEE has under this lease without
the permission of the LESSEE/SUBLESSOR.
Section 8. The SUBLESSEE is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSEE/SUBLESSOR 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 SUBLESSEE'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
LESSEE/SUBLESSOR, pursuant to the terms and conditions of Florida Statutes
9768.28.
Section 9. The LESSEE/SUBLESSOR 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 LESSEE/SUBLESSOR 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 ofthe Civil Rights Act of 1964, and as said Regulations
may be amended.
2
That in the event of breach of the above nondiscrimination covenants, the
SUBLESSEE 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.
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 of
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
By:
~/L (~
... Frederik M. Work
Pinewood Memorial Cemetery, Inc.
DEAN & SONS FUNERAL HOME
CEMETERY AND CREMATION
SERVICES, INe.
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APPROVED BY:
By:
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3
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIDCS CLAUSE
De A N ~ Sf) tV S. f lA N erNI ~ warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
STATE OF FIotz- ( v4
COUNTY OF /ll t? III f( () e...
W~f~)DQ~
Date ~ \ to \ 0 d-
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
{,
day of
~n" June M 'WlIIamS
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OMB - MCP FORM #4