Item D18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19, 2006
Division: Housing & Community Development
Bulk Item: Yes 1L
No
Department: Medical Examiner
Staff Contact: James R. "Reggie" Paros
AGENDA ITEM WORDING:
Approval of Renewal Agreement with Florida Keys Funeral Services, LLC, to provide interim facilities
for the Medical Examiner for an additional one year period
ITEM BACKGROUND: On March 16,2005, the Board approved a Lease Agreement with Florida
Keys Funeral Services to lease premises for use as Medical Examiner facilities for a period of eighteen
months, commencing on the date the premises are ready for occupancy, at a rate of $2,400.00 per
month. The agreement provides for an option to renew the lease under the same terms and conditions
by providing the Lessor at least sixty days notice prior to the expiration of the agreement written notice
of the exercise of option for one additional year.
PREVIOUS RELEVANT BOCC ACTION: On March 16,2005, the Board authorized execution of
a new Lease Agreement with Florida Keys Funeral Services to sublease premises for use as interim
Medical Examiner facilities, for a period of 18 months commencing on the date the premises are ready
for occupancy.
CONTRACT/AGREEMENT CHANGES: This Renewal Agreement extends the agreement for one
additional year under the same terms and conditions as the original agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $2,400 per month total $28,800 per year
BUDGETED: Yes * No
*Funds requested in FY 2007 budget
SOURCE OF FUNDS: Medical Examiner's
Budget - Ad Valorem
COST TO COUNTY: same as above
REVENUE PRODUCING: Yes
Noll
AMOUNT PER MONTH
APPROVED BY: County Attorney YES 9,/Purchasmg YES Risk Management YES
DIVISION DIRECTOR APPROVAL: / L_ /',;: /'~ {dv><:::
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James R. "Reggie" Paros
DOCUMENTATION: Included:-X
Not Required: _
DISPOSITION:
Agenda Item #:
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MONROE COUNTY BOARD OF COUNTY COMMISSlC NER S--_':=:_L':',:~,--.,.--:::'" ,
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CONTRACT SUMMARY ;
Contract # -~ c-' , 1
MONROE COur-HY
Contract with: Florida Keys Funeral Effective Date: October 1,200 RISK I\-1M!i\GEMEI~
Services, LLC
Expiration Date: Extend 011 a month to month
basis
Contract Purpose/Description: Lease of premises for interim Medical Examiner facilities
Contract Manager: James R. Paras 6002 HCD/Stop 15
(Name) (Ext.) (Department)
for BOCC meeting on July 19, 2006 Agenda Deadline: July 5,2006
CONTRA.CT COSTS FY 2007
Total Dollar Value of Contract: $28,800 Currcnt Year Portion: $28,800
Budgeted? YesD No [g] Account Codes: 68000-530440 _
Grant: $_ _-_-_-_-_
County Match: $_ _-_ _-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: S_/yr For:
eN ot included in dollar value above) (e g. maintenanc e, utilities, janitorial, salaries, etc .)
CO~TRACT REViEW
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Comments:
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OMB FOffil Revised 9/11/95 MCP #2
RENEWAL AGREEMENT FOR LEASE OF
MEDICAL EXAMINER FACILITIES
TIDS AGREEMENT is made and entered into this day of
, 2006, between the COUNTY OF MONROE and FLORIDA
KEYS FUNERAL SERVICES, LLC, in order to renew the agreement between the
parties dated March 16, 2005.
1. In accordance with Section 8 of the agreement, the County hereby exercises its
option to renew the Lease Agreement for an additional one year term, beginning
October 1, 2006. The prices stated in the March 16, 2005 agreement are the
prices for the renewal term.
2. In all other respects, the lease agreement between the parties dated March 16,
2005 remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
By:_
Deputy Clerk
FLORIDA KEYS FUNERAL SERVICES,
LLC
By:
AP7/tBYY/
Frederick M. Work
Pinewood Memorial Cemetery, Inc.
Title:
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SW$AN M. GRIMS'lEY .
ASSISTANT COUNTY ATTORNEY
LEASE AGREEMENT
THIS LEASE is made and entered into this ~ day of March, 2005, by
and between Florida Keys Funeral Services, LLC, 418 Simonton Street, Key West,
Florida 33040, 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 Florida Keys Funeral Services, LLC; and
WHEREAS, the SUBLESSEE 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 LESSEE/SUBLESSOR leases to the SUBLESSEE operating
facilities at 31140 Overseas Highway, Big Pine Key, Florida, hereafter referred to as the
premIses.
Section 2. The SUBLESSEE shall use the premises solely for functions ofthe
Medical Examiner's Office.
Section 3. LESSEE/SUBLESSOR 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, $9,802.00.
Section 4. Upon receipt of a proper invoice, SUBLESSEE 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
LESSEE/SUBLESSOR for the improvements to the premises listed in Section 3 above,
upon their completion and prior to occupancy by the Medical Examiner.
The LESSEE/SUBLESSOR shall make and bear the cost of other
Section 5.
routine repairs, including paint, to prepare the premises for such occupancy.
Section 6. The SUBLESSEE, 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::) UHLl::,::)::)l::,l:C. may reqmre must be approved by
LESSEE/SUBLESSOR and shall be at SUBLESSEE'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 ofthe LESSEE/SUBLESSOR, except those moveable
fixtures installed by the SUBLESSEE, which are its propeliy and may be removed by the
SUBLESSEE 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 SUBLESSEE 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 LESSEE/SUBLESSOR 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.
The LESSEE/SUBLESSOR shall submit monthly invoices to MOllioe County
Public Safety Division, 9400 Overseas Highway, Suite 200, Marathon, Florida 33050 for
processmg.
Momoe County's performance and obligation to pay under this contract is
contingent upon an aImual appropriation by the BOCC.
Section 10. During the term of this lease, unless otherwise provided for herein,
the SUBLESSEE shall, at Its own cost and expense, repair or replace any damages caused
by SUBLESSEE's employees, officers and agents, and maintain the premises in good and
safe condition. The SUBLESSEE shall also use all reasonable precaution to prevent
waste, damage or injury to the premises. LESSEE/SUBLESSOR 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 LESSEE/SUBLESSOR.
Section 12. Electric service shall be the responsibility of the SUBLESSEE.
Biohazardous waste collection and disposal services shall be under the jurisdiction of the
Office of the Medical Examiner.
Section 13. The LESSEE/SUBLESSOR and SUBLESSEE mutually agree to
the following, at no additional cost to either of the parties:
a. LESSEE/SUBLESSOR 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. SUBLESSEE may occasionally use, as necessary, the LESSEE/SUBLESSOR'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 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/SUBLESSOR.
Section 15. The SUBLESSEE 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 LESSEE/SUBLESSOR. Moveable fixtures and personal property that belongs to
the SUBLESSEE may be removed on or prior to the end ofthe term or upon termination
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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 LESSEE/SUBLESSOR without the need for any payment to
the SUBLESSEE.
Section 16. 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 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 sole negligence of the LESSEE/SUBLESSOR, pursuant
to the terms and conditions of Florida Statutes 9768.28.
Section 17. 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 ofthe 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
SUBLESSEE 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 LESSEE/SUBLESSOR acknowledges that its records relating
to this lease are public records subj ect 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, LESSEE/SUBLESSOR
agrees to maintain said records for at least three years after the termination of the lease.
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Section 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 of
competent jurisdiction in Monroe County, Florida.
ATTEST: DANNY KOLHAGE, eLERK
By:G---~~.ij
Deputy Clerk
BOARD OF eOUNTY eOMMISSIONERS
OF MONROE eOUNTY, FLORIDA
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By:
(Seal)
Mayor/Chairman
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APPROVED BY:
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Frederick 'M. Work
Pinewood Memorial Cemetery, Inc.
FLORIDA KEYS FUNERAL SERVICES,
LLC
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