Item C21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15,2004
Bulk Item: Yes -L No
Division: Public Safety
Department: Medical Examiner
AGENDA ITEM WORDING: Approval of Agreement with Florida Keys Funeral Services, LLC, to
lease premises for use as Medical Examiner facilities for a term of 18 months, commencing on the date
the premises are ready for occupancy, and approval to transfer additional funds from General Revenue
Fund Reserves into the Medical Examiner's operating budget to fund the unanticipated costs, estimated
in the amount of$10,000
ITEM BACKGROUND: The County formerly had separate agreements with Dean Lopez Funeral
Home, Key West, in the amount of $850.00 per month, and Seven Seas Funeral Home, Big Pine Key, in
the amount of$800.00 per month, for use as medical examiner facilities. The new owner of Dean Lopez
Funeral Home also bought the facility in Big Pine Key, and has requested that the Medical Examiner use
the more remote Big Pine facility for the majority of his cases, due to odor control problems at the Key
West facility. The attached agreement leases the Big Pine facility to the County, at a cost of $2,400.00
per month, with a $12,599.00 lump sum payment for improvements. The improvements must be made
prior to occupancy by the Medical Examiner in order to make the facility adequate for its intended use.
Public Works Department has been on-site and concurs with the cost estimates provided.
PREVIOUS RELEVANT BOCC ACTION: On September 21, 2004, the Board extended the
agreements with Dean Lopez Funeral Home and Seven Seas Funeral Home Cemetery and Cremation
Services on a month-to-month basis, effective October 1, 2004.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATION: Approval
TOTAL COST: $55,799.00
BUDGETED: Yes X (partially) No _
COST TO COUNTY: same as above
SOURCE OF FUNDS: M.E.Budget - Ad Valorem
and General Revenue Fund Reserves
REVENUE PRODUCING: Yes
APPROVED BY: County Arty : YES
DIVISION DIRECTOR APPROVAL:
No X AMOUNT PER MONTH
- O~~/Purc~ing:, Y~S , _ Risk Mgmt. _ YES _'
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0"<,,-,,._,,::<'// ,/ ,,-_'''--'~, '" //,/?O/(:'.:"'JD'/
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James R. "Reggie" Paros
DOCUMENTATION: Included: X
To Follow:
Not Required:
DISPOSITION:
Agenda Item #:
Cd/
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~Y
Contract #
Effective Date: To commence date Premises are ready
for oC..2..l,!,Rancy
Expiration Date: Term of 18 months with oDtion
to renew on a month-to month basis
Contract Purpose/Description: Lease of premises for interim Medical Examiner facilities
Contract with: Florida Keys Funeral
Services. LLC
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety/Stop 15
(Department)
for BOCC meeting on December 15 2004 Agenda Deadline: November 30. 2004
CONTRACT COSTS
Total Dollar Value of Contract: $41,399.00 Current Year Portion:
Budgeted? Yes[8J Partially Account Codes: 68000.530440
NoD
Grant: $_
County Match: $_
$34,199.00
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:_
(Not included in dollar value above) (eR. maintenance utilities, janitorial, salaries, etc.)
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Division Director
CONfRACT REVIEW
Changes '-~7 et/~ Date Out
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YesONo~ ~ /#f
YeSONo~2(~ (jUt
Risk Management
O.M.B.fPurchasing
County Attorney
Comments:_
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LEASE AGREEMENT
THIS LEASE is made and entered into this _ day of , 2004
by and between Florida Keys Funeral Services, LLC, 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 owner of the premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as an interim Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. The LESSOR leases to the COUNTY operating facilities at 31140
Overseas Highway, Big Pine Key, Florida, hereafter referred to as the premises.
Section 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3. LESSOR shall make the following listed improvements to the
premises, which are necessary for the Medical Examiner's intended use, prior to the
commencement of operations, at a total cost of twelve-thousand five-hundred ninety-nine
dollars and no cents ($12,599.00).
a. Move an existing county-owned specimen refrigerator into a private locked room
and exhaust heat through wall, $838.00;
b. Move and plumb an existing county-owned autopsy table to sewer, $1,959.00;
c. Purchase and install approximately 32 feet of Formica counter, and top and
bottom cabinets, $9802.00.
Section 4. Upon receipt of a proper invoice, COUNTY shall, pursuant to the
Florida Prompt Payment Act, make a lump sum payment in the amount of twelve-
thousand five-hundred ninety-nine dollars and no cents ($12,599.00) to the LESSOR for
the improvements to the premises listed in Section 2 above, upon their completion and
prior to occupancy by the Medical Examiner.
Section 5. The LESSOR shall make and bear the cost of other routine repairs,
including paint, to prepare the premises for such occupancy.
Section 6. The COUNTY, at its expense, shall purchase, setup and install,
including electrical wiring, one walk-in cooler, approximately 8'0" x 8'0" x 9'0", on an
existing exterior deck structure at the premises.
Section 7. Any alterations, additions or improvements to the premises, not
previously enumerated, which the COUNTY may require must be approved by LESSOR
and shall be at COUNTY'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.
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 8. The term of this lease is for eighteen (18) months, commencing on
the date the premises are ready for occupancy for the intended purpose by the Medical
Examiner. The County may exercise an option to renew this lease for one additional year,
on a month-to-month basis, 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 9. The total rental due for the premises for the first year period is
$28,800.00, payable at $2,400.00 monthly, in arrears.
2
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 10. During the term of this lease, unless otherwise provided for herein,
the COUNTY 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.
Section 11. Normal waste refuse services and all utilities, with the exception of
electric service, shall be supplied by LESSOR.
Section 12. Electric service shall be the responsibility of the COUNTY. The
biohazardous waste collection and disposal services shall be under the jurisdiction of the
Office of the Medical Examiner.
Section 13. The LESSOR and COUNTY mutually agree to the following, at no
additional cost to either of the parties:
a. LESSOR may occasionally use, as necessary, the premises located at 31140
Overseas Highway, Big Pine Key, Florida, for embalming purposes and storage of
dead human remains under refrigeration.
b. COUNTY may occasionally use, as necessary, the LESSOR's premises located at
418 Simonton Street, Key West, Florida, for post mortem external examinations
and for additional storage of dead human remains under refrigeration.
Section 14. 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 15. 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 tenn or upon termination or abandonment.
Moveable fixtures and personal property left on the premises more than fifteen days after
3
the end of the term, or after the date of termination or abandonment, will become the
property ofthe LESSOR without the need for any payment to the COUNTY.
Section 16. 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 ofthe sole negligence of the LESSOR, pursuant to the terms
and conditions of Florida Statutes 9768.28.
Section 17. 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 ofrace, 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.
Section 18. The LESSOR acknowledges that its records relating to this lease
are public records subject to disclosure under Chapter 119, Florida Statutes. Those
records must be 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.
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L/S
3:J'dd
~ection 19. 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 ()f
competent jurisdiction in Monroe County, Florida.
A TrEST; DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONSRS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Ma YOT/Chairman
(Seal)
By:
FLORlDA KEYS FUNERAL SERVICES,
LLC
By:
Witnesses
President
Dale
JOHN A. COLLINS
c,qllq;oRNEY
I. "7-"-'--
5
StS8~S~S08'al 3~lddO ~~~'d ^~NnO~ 30~NOW'WO~d ~0'~t ~0-L0-~30
OCT-18-2004 MON 03:32 PM
DEAN Lrr-~ FH
3052968572
p, 02
October 15, 2004
Mr. Reggie Paras, Dlvlislon Manager
Public Safety
Monroe County
In reference to 'I)Ur recent conversation regarding the medical examiner
moving his operation 11:0 Mile Market 31.5, Big Pine Key, below you will please
f.lnd the cost involved:
I. Moved the :speclmen refrigerator Inlo a private locked room and
exhaust hEIst through wall $838.00.
II. Move and Iplumb autopsy table to sewer $1,959.00.
III. Approxlmntely 32 ft. of corlan counter, and top and bottom cabinets,
Installed $'10,918.00.
IV. 8' x 8' x 9.0 styrene walk-in cooler $11,995,00.
Total C08t, - $24,958.00
Additional expEJnses such as repairs to facility, paint, etc, will be bourne
by me. The lease will be $2,400.00 per month, plus electric and hazardous
waste pick up at Cou,',ty's expense.
This morning I ~had several complains from my neighbors because ofthe
cldor, which resulted in having to vacate the rear of the building for about two
hours '
Your Immedlat.!! attentions to this situation is greatly appreciated.
Sincerely Yours,
~.4;~,~
JI. ek~ :; .
Flor da Keys Funeral Hervices, LLC
1i/B2/2BB4 B8:58
2953'335
MICHAEL HUNTER MD
PAGE B1
DISTRICT SIXTEEN MEDICAL EXAMINER
P.O. Box 522380 Marathon Shores, Florida (305) 289-5410, fax (305) 289-5519
CHIEf MEDICAL EX,o\MINER
Michael D. Hilmer, M.D.
JNVESTIGA TOR
Michael Blltc:S
December 2,2004
James R. Paros
Director Monroe County Public Safety
9400 Overseas highway
Sui te 200
Marathon, FL 33050
Reggie,
As you are well aware there is a current need for the District 16 Medical Examiner's
Office to shift our activities in the middle and lower keys to the Seven Seas Funeral
Home on Big Pine Key. In order to properly make this necessary transition certain
upgrades must be made to the Big Pine facility including the need for additional
refrigerated body storage capacity as well as improvements to the general morgue
facility. These changes are documented in section 3 of the lease agreement, as well as in
the proposal by J. Robert Dean, the current owner of the Florida Keys FW1era] Services. I
strongly support the lease agreement with the operators of Seven Seas Funeral Home in
its entirety.
Sincerely,
~~ //_;1
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icha . unte('~:fD~"
District Sixteen Medical Examiner