Item C06
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15. 2003
Bulk Item: Yes --X- No
Division: Public Safetv
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Renewal Agreement with Dean-Lopez Funeral Home
to lease premises for use as Medical Examiner facilities for an additional one year period, effective
October 1, 2003, at $850.00 per month, total of$10,200 per year
ITEM BACKGROUND: The Medical Examiner uses the Dean-Lopez Funeral Home, Key West,
to perform autopsies and post mortem examinations for some cases that originate in the Lower
Keys area; Dean-Lopez's crematory facility located on Big Coppitt Key, is used for additional
storage. 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-Lopez Funeral Home, to lease premises for use as Medical Examiner
facilities for a one year period, effective October 1, 2002, at $850.00 per month, total of$10,200
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
Bud~et - Ad Valorem
AMOUNT PER MONTH
TOTAL COST: $10.200.00 per year
COST TO COUNTY: same as above
DOCUMENTATION: Included: X
Risk Management YES
APPROVED BY: County Attorney YES OMBfPu
DIVISION DIRECTOR APPROVAL:
Not Required: _
DISPOSITION:
Agenda Item #: C?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dean-Lopez Funeral Home Effective Date: October 1. 2003
Expiration Date: September 30. 2004
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/Stop 14
(Department)
for BOCC meeting on Julv 15 2003
Agenda Deadline: June 30. 2003
CONTRACT COSTS
Total Dollar Value of Contract: $10,200.00 Current Year Portion: $n/a
Budgeted? YesC8J 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
Changed
Da In Needed
Division Director ~;/<8 YesO No '
Risk Management 5'130/03 YesO No~
O.M.B./Purchasing tJ t?t>ltp Y esO No~
County Attorney rC!~( 0'3 YesO N~
Date Out
~~3
)"/3(,;}03
5138/ () ~
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Comments:
OMB Form Revised 9/11/95 MCP #2
RENEWAL AGREEMENT FOR LEASE OF
MEDICAL EXAMINER FACILITIES
TillS AGREEMENT is made and entered into this day of
, 2003, between the COUNTY OF MONROE and DEAN-LOPEZ
FUNERAL HOME 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: D~L.KOLHAGE,CLERK
By:
Deputy Clerk
WITNESS:
~/~
DEAN-LOPEZ FlJNERALZ
BY:~~>
Title: L;!} / blZ1
!
LEASE AGREEMENT
THIS LEASE is made and entered into this 16th day of October ,200~ by
DEAN-LOPEZ FUNERAL HOME, 418 Simonton Street, Key West, Florida 33040,
hereafter LESSOR, and Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter COUNTY.
WHEREAS, LESSOR is the sole o\vner 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 CONSIDERA..TION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. LESSOR leases to the COUNtY refrigeration and operating
facilities at 418 Simonton Street, Key West, Florida and facilities for long-term storage of
dead human remains under refrigeration 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 NQvl10.5, Big Coppin 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 one year, commencing October 1, 2002
and ending September 30, 2003. The County may exercise an option to renew this lease
for one additio!1al 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 montWy 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 Y
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 N{edical Examiner.
b) Any alterations, additions or improvements to the premises which the
COUNTY may require must be approved by LESSOR and shall be at COill'l'TY's
expense. Alterations, additions and improvements must be constructed in a workmanlike
manner, meet all applicable building and zoning codes, must 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 installed
by the COUNTY, which are its property and may be removed by the COUNTY at the
end of this lease.
Section 6. During the term of this lease, the COUNiY 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.
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Section 7.
All utility and waste disposal services shall be supplied by
LESSOR.
Section'S. . 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, 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 11. 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 ~m 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 12.
The LESSOR acknowledges that its records relating to this lease
are public rec~ds subject to disclosure under Chapter 119, Florida Statutes. Those
records must b~ 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 0 f the State 0 f
Florida. Venue for any litigation arising under this lease agreement must be in a court of
_ competent jurisdiction in Monroe County. Florida.
(Seal)
A TIEST: DAi.'-JNY KOLHAGE, CLERK
BG~
Deputy Clerk
BOARD OF COUNTY CO~1.1v[1SSIONERS
OF MOL'-lROE c!cn~.iT\ Y, FLORIDA
By: 'f{
i
Mayor/Chairman
By:
4
-5J,VORN STATEi\ltENT UNQER ORDINA1~CE NO 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
w:ur.mts that he/it has not employed, reuined
or othexwlse b.J.d act on his/its behalf my former County officer or employee in vlo13tion of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in vlo13tion of
Section 3 of Ordironce No. 10-1990. For bre:lch or vlolation of this provlsion the County
may. in its discretion, terminate this contr::lct v.i.thout liability ;md rruy also, in its discretion,
deduct from the contr.lct or purc!u.se pric:;, or othen..i.se recover, the full amount of ;my fee,
commission., percent:lge, gift., or consideration paid to the former County officer or emptoY;2
/J V'"~~ '
(signature) \
7// 30/()~ \
l
Da.te:
STATEOF :flb~~
COUN1Y OF J14m1 fO<---
PERSONALLY APPE.ARED BEFORE ME, the undersigned authority,
,t/;; /&'.0 ~ (};sh j / () who, after fir.;t being sworn by me, af!ixed hislher
sigIl:lture (n.an;e of individual signing) in the space provided above on this 30 day of
#1k:.~r 30.1 ,20";>'-
9-tJt6'fflj//JI~~
NOT ARY PUBLIC
My commission expires:
L':. ~ JW\It M ~
;.e6*1IJf ~ CC84112S
,~../ ElqftI.ue18. 2003
OMB - MCP FOIUvl #4