Item C19
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2004
Bulk Item: Yes ~ No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement with Beyer Funeral Home to lease premises
for use as Medical Examiner facilities for a one year period, effective October I, 2004, at a cost of
$215.00 per month, total of $2,580.00 per year
ITEM BACKGROUND: The Medical Examiner uses the Beyer Funeral Home to perfonn autopsies
and post mortem examinations for most cases that originate in the Upper Keys area.
The attached agreement provides for Beyer Funeral Home to be compensated at a rate of $215.00 per
month, total of $2,580.00 per year.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on July 15,2003, the Board approved a
Renewal Agreement for Lease of Medical Examiner Facilities between Monroe County and Beyer
Funeral Home for an additional one year period, effective October 1, 2003, at $215.00 per month, total of
$2,580.00 per year.
CONTRACT/AGREEMENT CHANGES: This is a new agreement; only the term of the lease has
changed, as the current lease expires September 30, 2004.
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: $2,580.00 per year
COST TO COUNTY: same as above
APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included: X
To Follow: Not Required:
DISPOSITION:
Agenda Item #: vi q
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Beyer Funeral Home Effective Date October 1. 2004
Expiration Date:September 30. 2005
Contract Purpose/Description: Lease premises for use as Medical Examiners facilities
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety - Stop 15
(Department)
for BOCc meeting on August 18, 2004
Agenda Deadline: August 3, 2004
CONTRACT COSTS FY 2005
Total Dollar Value of Contract: $2,580.00 yr. Current Year Portion: $2,580.00 yr.
Budgeted? YesD No [g] 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
Division Director
Changes
~te Needed
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Risk Management
O.M.B./Purchasing
County Attorney
Comments:
LEASE AGREEMENT
THIS LEASE is made and entered into this __ day of , 2004, by
BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037,
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 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 101640 Overseas Highway, Key Largo, 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 one year, commencing October 1, 2004
and ending September 30,2005. The County may exercise an option to renew this lease
for one additional year under the sarne terms and conditions by providing to Lessor at
least sixty days prior to the expiration of the agreement written notice ofthe 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
$2,580.00, payable monthly as follows:
a) Beyer's Funeral Home Facility at $215.00 per month, which includes
refrigeration and use of the facilities for autopsies and post mortem examinations.
The LESSOR shall submit monthly invoices to Monroe County Public Safety
Division, 9400 Overseas Highway, Suite 200, 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 ofthe 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 of
competent jurisdiction in Monroe County, Florida.
(Seal)
A TTEST: DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
BEYER FUNERAL HOME
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
i} . (;J /3 tV fl~ fun e Ie! / ,jjo in e---
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or otherwise had act on hislits behalf any former County officer or employee in violation of
warrants that helit has not employed, retained
Section 2 of Ordinance No, 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No.1 0-1990. 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.
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Date:
STATE OF
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COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
111#I2.IJ..YI<.J '7: 1J~r.-L
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this 2-'" day of
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NOTARY PUBLIC
My commission expires:
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~...~ MY COMMISSION # 00 164766
~OFl\.()~ EXPIRES: November 13, 2006
l-!lCJO.3.NOTARY Fl Notary SeNIoe & BoncIng, lnc.
OMB - MCP FORM #4