Item C45
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18.2004
Division: Public Safety
Bulk Item: Yes -X
No
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Amendment to ~greement with Dean & Sons Funeral
Home Cemetery and Cremation Services, Inc., regarding Medical Examiner's facility, to provide that
the sub-lessor's name be changed to Seven Seas Funeral Hom~, Cemetery and Cremation Services, Inc.
ITEM BACKGROUND: Dean & Sons Funeral Home Cemetery and Cremation Services, Inc.
subleases a portion of their facility to the County for the Medical Examiner to use to perform autopsies
and post mortem examinations. They have changed their corporation name from Dean & Sons Funeral
Home Cemetery and Cremation Services, Inc., to Seven Seas Funeral Home, Cemetery and Cremation
Services, Inc.
PREVIOUS REVELANT BOCC ACTION: N/ A
CONTRACT/AGREEMENT CHANGES: Only the corporation name has changed
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
YEAR
DIVISION DIRECTOR APPROVAL:
urChaSiIlgzSk M~ement YES .
. ,,' ;% y;r;y
ames R. "Reggie" Paros
APPROVED BY: County Atty YES
DOCUMENTATION:
Included -X To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #CU5'
FE~-04-04 09,59 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
1/1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~Y
Contract #
Contract with: Seven Seas Funeral Home. Effective Date: Upon approval
Cemetery and Cremation Services. Inc.
Expiration Date: September 30~ 2004
Contract PurposelDescription: Amendment to al'rreement with Dean md Sons Funeral Home to
sub-lease premises for Medical Examiner changing corpo~tion's name to Seven Seas Funeral
Home. Cemetery and Cremation Services. Inc.
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety/Ston 15
(Department)
for BOCe meetin~ on FebruMV 18 2004
Agenda Deadline: February 3.2004
CONTRACT COSTS
Total Dollar Value of Contract: $9600.00 Current Year Portion: $6400.00
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. mainte~e, utiJitie9, janitorial, salaries, elc.)
CONTRACT REVIEW
p~~ )n
Division Director .2 .J#~f/
Risk Management JjJlo'f
O,M.BJPurchasin~
County Attorney ~'/
YesD No0'
YesDNO~
Date Out
~
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~y
Comments:_
OMB Ponn Revised 9/11/95 Me? #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between Monroe County (hereinafter "County") and Dean & Sons
Funeral Home Cemetery and Cremation Services, Inc. (hereinafter Funeral Home)
WHEREAS, there was a contract entered into on October 16, 2002, through
which Funeral Home subleased to County refrigeration and operating facilities for
use by the County Medical Examiner; and
WHEREAS, said Agreement was renewed on July 15, 2003; and
WHEREAS, Funeral Home has filed with the State of Florida Articles of
Amendment changing its name;
NOW THEREFORE, the above parties agree as follows:
1. That agreement dated October 16, 2002, as renewed on July 15, 2003, shall
be amended as of the date first written above to provide that the sub-lessor's
name be Seven Seas Funeral Home, Cemetery and Cremation Services, Inc.
2. All other provisions of the contract dated October 16, 2002, as renewed and
not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
Seven Seas Funeral Home, Cemetery
and Cremation Services, Inc.
President
(SEAL)
ATTEST: DANNY L. KOLHAGE
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Dean &.. Sons Funeral Home
Cemetery and Cremation Services, Inc.
31140 Overseas Highway
Big Pine Key, Florida 33043
Telephone (305) 872-2929
Fax (305) 872-2965
Licensed Funeral Director
JEFFREY W. DEAN
To Monroe County Public Safety
James R."Reggie"Paros
490 63rd Street Suite 140
Marathon Fl. 33050
Mr.Paros,
Dean & Sons Funeral Home has changed name from Dean & Sons Funeral Home
Cemetery and Cremation Services Inc. to Seven Seas Funeral Home Cemetery
and Cremation Services Inc. We have changed the name to stop the public
from confussing us with the funeral home I operated in Key West.We have
inclosed a copy of our Articles of Incorporation for your files.
Thank you and your staff and have a healthy and happy 2004.
January 10,2004
Sincerly
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IDepartmrnt of ~tatr
I certify the attached is a true and correct copy of the Articles of Amendment,
filed on October 2, 2003, to Articles of IncOi'poration for DEAN & SONS
FUNERAL HOME, CEMETERY AND CREMATION SERVICES, INC. which
changed its name to SEVEN SEAS FUNERAL HOME, CEMETERY AND
CREMATION SERVICES, INC., a Florida corporation, as shown by the records
of this office.
The document number of this corporation is P02000045561.
Given under my hand and the
Grreat Seal of the State of Florida
at l!allahassee, the Capitol, this the
Ninth day of October, 2003
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ARTICLES OF AMENDMENT
TO
ARTICLES OF INCORPORA TION
OF
DEAN & SONS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC.
(Document No. PO::Z000045561) .
Pursuant to the provIsions of section 607.1006, Florida Statutes, this Florida profit corporation adopts the
lollowlng articles of amendment to its articles of incorporation:
FIRST:
The following Amendment to the Articles of Incorporation for this Florida profiT corporation
were Jpproved by the shareholders and the number of veres cast for the amendmenT \vas
sufficient for approval:
I AMENDMENT OF CORPORATE NAME:
The name of the corporJtion is hereby changed to:
SEVEN SEAS FUNERAL HOME, CEMETERY AND CREMATION SERVICES, INC.
Signed this .J!l~ day of September, 2003.
Signature of President of Corporation:
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C 7 TRIA V. DEA , PresTdent (and sole shareholder) of DEAN & SONS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC., (HEREAFTER KNOWN AsSEVEN SEAS FUNERAL HOME,
CEMETERY AND CREMATION SERVICES, INC.)
STATE OF FLORIDA )
COUNTY OF MONROE)
Before me, a Notary Public auth~d to take acknowledgments in the State and County set forth above,
personally appe:ued, Cynthia V. Dean 4:J~rsonally~to me or who provided .p t r->I\oI.,rJ( '( tC.'-t6 WI( to rn. ~
as Idcnllilc:ltTOn to be the person described as President of DEAN & SONS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC., hereafter to be known as SEVEN SEAS FUNERAL HOME,
CEMETERY AND CREMATION SERVICES, INC., and who execllled the foregoing, and he acknowledged
before me That he subscribed to these Articles of Amendment to the .ArticleS' of IncorporatIOn for the purposes
expressed therein.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal. in the STate and
County aforesaid, this ~ day of September 2003.
~
Print Name: l..{,.., 0..4-' Wh~ ~..t~ I\......
Notary Public, State of Florida
My CommIssion Expires:
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SEAL
~lJo1I'V,,~ LINDA WHEELER
~ MY COMMISSroN # C(".....i J I
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....1' or ('.",0:< EXPIRES: April 20, 2
1-8()0-3.NOTARY Fl NotarY S~rvlctO II::...~.~ .
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MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS
OF
DEAN & SONS FUNERAL HOME, CEMETERY & CREMATION SERVICES, INC.
The Board ofDirecrors of DEAN & SONS FUNERAL HOME, C~METERY & CREMATION SERVICES,
INC., a corporation organized under rhe laws of rhe Srare of Florida, ha\'ing by unanimous vore wai ved formal
nor ice of hearing, held a special meerlng on Seprember :16, :100:1 ar the law office of Linda B. Wheeler, Esq,
counsel for rhe corporarion, at 1:1 13 White Streer, Key \Vest, Florida 33040.
The followlI1g directors were preselll ar rhe meering: Cynrhia V. Dean
Also preselll m the meeting was corpor:Jte counsel, Linda B. \Vheeler, Esq.
Upon ,norjons duly made and unanimously passed, rhe board of direcrors proposed a change of name
of rhe corporarion; ro wit: DEAN & SONS FUNERAL HOME, CEMETEIRY & CREMATION SERVICES, INC,
ro be changed LO:
SEVEN SEAS FUNERAL HOME, CEMETERY AND
CREMA TION SERVICES, INC.
Linda B. Wheeler, Esq., Attorney at Law, was instructed to prepare for signature the necessary
arlic1es oj' amendment ro be filed wirh the Florida Department of Stat~, which amendment would be signed
by the CYNTHIA V. DEAN, President, and that upon receipt of the firing of said change of name, thar the
cerri ficarion be filed in rhe corporate minute book.
Upon motions duly made and unanimously passed, the board of directors proposed rhar rhe President
and such other officers as he may designare, be authorized, empowered and directed ro take any and all dcrion
necess:lry ro secure real properry(ies) and improvements, by leasehold or purchase, such as to be able [0 carry
our [he business functions of the corporation, hereafter known as: SEVEN SEAS FUNERAL
HOME, CEMETERY AND CREMATION SERVICES. INC.
There being no further business ro come before the meeting, upon morion duly made and
unalllmousJy adopred, rhe meeting was adjourned.
Shareholder Approval:
~ (/. &-4 twM /
C_ nthia V. Dean
Shareholder of 100% of outstanding issued
srock of the corporation, consisting of 500 shares
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Cy hla V. Dean
President and Secretary
RENEWAL AGREEMENT FOR SUB-LEASE OF
MEDICAL EXAMINER FACILITIES
THIS AGREEMENT is made and entered into this 15th day of
July ,2003, between the COUNT~ OF MONROE and DEAN &
SONS FUNERAL HOME CEMETERY AND CRE;MA nON SERVICES, INC., III
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
I
option to renew the Agreement for an additiqnal 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 CO~nSSIONERS
OF MONROE COUNTY, FLORIDA
L.;t}# >n ~
" Mayor/C airman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
(r,\ oJ I" .' r-., j ,/ -' I
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By: ~'~,. .~,~>- ,--. f~J'f.;;bY\Jj,..(V
Deputy Clerk ./
DEAN & SONS FUNERAL HOME
CEMETERY AND CREMATION
SERVICES, INC.
By:
w~~
ee/Sublessor
APPROVED BY:
,~d\ I~~
Frederick M. Work
Pinewood Memorial Cemetery, Inc.
By:
LEASE AGREEMENT
THIS LEASE is made and entered into this 16th day of October, 20Q2,
by DEAN & SONS FUNERAL HO~{E CENlETER Y AND CREMATION SERVICES,
INe., 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.
I
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 <l>ne year, commencing October 1, 2002
and ending September 30, 2003. The SUBLESSElp 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 du~ for the premises for the first year period is
$9,600.00, payable montWy 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 monthly invoices tv Monroe County
Public Safety Division, 490 63rd Street, Suite 140, rvfarathon, Florida 33050 for
processmg.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOec.
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/SlJBLESSOR.
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, cOpts 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 so Ie 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 01 breach of the above nondiscrimination covenants, the
SUBLESSEE shall have the right to tenninate 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 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 CO~[MISSIONERS
OF MONROE COi1/j,Y, ,FLORlDA
By: 'f1
1
Mayor/Chairman
ByG~
/
Deputy Clerk
APPROVED BY:
By:
/zt
Frederik M. Work
Pinewood Memorial Cemetery, Inc.
DEA1."T & SONS FUNERAL HOME
CEtvrETER Y AND CREMATION
SERVICES, me.
By:
~I~r fL-
3
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIllCS CLAUSE
DeA N ~ Srl rJ S f LAN er"f ~ warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former COWlty 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 otherwise recover, the full amount of any fee,
commission., percentage, gift, or consideration paid to the former COWlty officer or employee.
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Date: ~ \ Lo \ 0 ~
\ 1
STATE OF F/O;z- (c4
COUNTY OF /1l tJ 17/ /C () c:.
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
signature (name- of individual signing) in the space provided above on this
S
who, after first being sworn by me, affi.-'Ced his/her
o
day of
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My commission expires:
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