Item C05
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 15. 2003
Bulk Item: Yes -L No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Renewal Agreement with Dean & Sons Funeral
Home Cemetery and Cremation Services, Inc. to sub-lease premises for use as Medical Examiner
facilities for an additional one year period, effective October 1, 2003, at $800.00 per month, total
of $9,600.00 per year
ITEM BACKGROUND: Dean & Sons Funeral Home leases their facility in Big Pine Key from
Pinewood Memorial Cemetery, Inc. They have agreed to continue to sublease the facility to the
County for the Medical Examiner to use to perform autopsies and post mortem examinations.
The Medical Examiner uses the Dean & Sons Funeral Home to perform autopsies and post
mortem examinations for some cases that originate in the Middle Keys area. The original
agreement, which expires September 30,2003, provides for the County to exercise the option to
renew the lease for one additional year under the same terms and conditions by providing at least
sixty days notice of the exercise of option.
PREVIOUS RELEVANT BOCC ACTION: On October 16, 2002, the Board approved a Lease
Agreement with Dean & Sons Funeral Home Cemetery and Cremation Services, Inc., to lease
premises for use as Medical Examiner facilities for a one year period, effective October 1, 2002,
at $800.00 per month, total of $9,600.00 per year.
CONTRACT/AGREEMENT CHANGES: Only the term of the agreement has changed.
STAFF RECOMMENDATION: Approval
REVENUE PRODUCING: Yes
NoX
BUDGETED: Yes X No
SOURCE OF FUNDS Medical Examiner's
Budget - Ad Valorem
AMOUNT PER MONTH
TOTAL COST: $9.600.00 per year
COST TO COUNTY: same as above
APPROVED BY: County Attorney YES OMBlPurchasing YES Risk Management YES
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included: X
To Follow: Not Required: _
DISPOSITION:
Agenda Item #: ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dean & Sons Funeral Effective Date: October 1. 2003
Home Cemetery and Cremation Services.
Inc.
Expiration Date: September 30.2004
Contract PurposelDescription: Exercise option to renew agreement to sub-lease premises for
Medical Examiner. Contract requires 60 day notice.
Contract Manager: James R Paros
(Name)
6002
(Ext.)
Public Safety/Stop 14
(Department)
for BOCC meeting on July 15. 2003
Agenda Deadline: June 30. 2003
CONTRACT COSTS
Total Dollar Value of Contract: $9,600.00 Current Year Portion: $n/a
Budgeted? YesC8] 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. ianitorial salaries. etc.)
CONTRACT REVIEW
Date Out
Division Director
~/~~
~/3d/~3
5)30)03
(
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Comments:
OMB Form Revised 9/11/95 MCP #2
RENEW AL AGREEMENT FOR SUB-LEASE OF
MEDICAL EXAMINER FACILITIES
THIS AGREEMENT is made and entered into this day of
,2003, between the COUNTY OF MONROE and DEAN &
SONS FUNERAL HOME CEMETERY AND CREMATION SERVICES, INC., in
order to renew the agreement between the parties dated October 16, 2002.
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 1,2003. The prices stated in the October 16,2002 agreement are the
prices for the renewal term.
2. In all other respects, the agreement between the parties dated October 16, 2002
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
DEAN & SONS FUNERAL HOME
CEMETERY AND CREMA nON
SERVICES, INC.
By:
Lessee/Sublessor
APPROVED BY:
By:
Frederick M. Work
Pinewood Memorial Cemetery, Inc.
LEASE AGREEJ.\tIENT
TIllS LEASE is made and entered into this 16th day of October , 20Q2,
by DEAN & SONS FUNERAL HO~tE: CElVtETERY 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/SlTBLESSOR 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 e!(ercise 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
$9,600.00, payable monthly as follows:
a) Dean & Sons Funeral Horne 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 monthly 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 s. The SUBLESSEE shall be responsible for providing all equipment
needed to carry out the functions of the ~kdical Examiner.
Section 6 All utility and nannal refuse services shall be supplied by
LESSEE/SUBLESSOR, with the exception ofbiohazardous waste, which is under the
jurisdiction of the Office of the Medical ExJITIiner.
Section 7. The SUBLESSEE may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the SUBLESSEE has under this lease I,vithout
the pennission of the LESSEE/ST.TBLESSOR.
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 attnbutable 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 of the 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 beep 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 l:lws 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)
ByG~
/
Deputy Clerk
BOARD OF COUNTY CO~I?v(ISSIOl'rERS
OF MONROE com'I" FLORIDA
By: 'n
\
Mayor/Chairman
ATTEST: DA.I."!}iY KOLH.~GE, CLER..'Z
By:
/Ll
F rederik M. Work
Pinewood Memorial Cemetery, Inc.
DEPu."\l" & SONS FUNERAL HOME
CEi\IETER Y AND CREMATION
SERVICES, INe.
By: ~I~~r~
APPROVED BY:
3
SWORN STATEMENT UNUERORDINANCE NO. 10-1990
MONROE COONlY. FLORIDA
ETHICS CLAUSE
DAA N ~ Sf) ('.J S f LA N erJ10I ~ ",..:ur.:mts that he/it has not employed, reuined
or otherwise bad act on his/its behalf any fanner 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, tenninate this contract \vithout liability and may also, in its discretion,
deduct from the contract or purchase price, or othernise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
C(r~'(sT~) \lo~
Date: ~ \ l a\ () d..
\
STATEOF FIo~tc4.
COUNTY OF III tJ /t/ /C () e.,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hislher
&
day of
My commission expires:
1"".0' June iii ~
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OMB - MCP FORM #4