Item D19
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19,2006
Bulk Item: Yes -L No
Division: Housing & Community Development
Department: Medical Examiner
Staff Contract: James R. "Reggie" Paros
AGENDA ITEM WORDING: Approval of Lease Agreement with Beyer Funeral Home to lease
premises for use as interim Medical Examiner facilities
ITEM BACKGROUND: The Medical Examiner uses the Beyer Funeral Home, Key Largo, to
perform autopsies and post mortem examinations for some cases that originate in the Upper Keys
area. The current agreement expires September 30,2006.
PREVIOUS RELEVANT BOCC ACTION: On August 18, 2004 the Board approved a Lease
Agreement with Beyer Funeral Home, to lease premises for use as Medical Examiner facilities
for a one year period, effective October 1, 2004, at $215.00 per month, total of$2,580.00 per
year. On September 15,2005, the Board approved a Renewal Agreement, which expires
September 30, 2006.
CONTRACT/AGREEMENT CHANGES: Only the term of the agreement has changed.
STAFF RECOMMENDATION: Approval
TOTAL COST: $215 per month $2,580 per year
BUDGETED: Yes~ No
COST TO COUNTY: same as above
*Funds requested in FY2007 budget
SOURCE OF FUNDS Medical Examiner's
Budget - Ad Valorem
REVENUE PRODUCING: Yes
NoX
AMOUNT PER MONTH
DIVISION DIRECTOR APPROVAL:
OMB/P}lrchasing YES
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Risk Management YES
APPROVED BY: County Attorney YES
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DOCUMENT A TION: Included: X
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James R. "Reggie" Paros
Not Required: ~
DISPOSITION:
Agenda Item #:
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C Oll',~act \\~ Ill' Be\'c t- 1_ L:nera l,f {om ct. ITect; \,,: I )ate 0..:10 ber ,I , 21].0.6,__ ,., _
I:xpirarioll Date: Sc _ tem )(,'1' 30, 2())~)7",'.::;;t.i~I'I';!i';l;--
Con I r,lCt Purpose/Description: Leas~ 0 r premjses for Hse as ..\IIc,:di,cal E:x;,IiTti:mT-h'rt'J~MLi"~.
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Contract #-
COlltract rvLlllager: Janles R, P_aros
(1\' a III e)
fJQ02
(Ext. )
1r('D - Stop 15
( Department)
for L~OCC lllccting on July 12-,-_2006
Agenda Deadline: .fulv 5,2006
C()NTRACT COSTS Fr' 2007
Total Dollar Valuc of Contract: $2,580,00 yr. CunentY car Portion: $2,SSO.OOYL
Budgeted',J \'esO :'-Jo Zl A(TOUIlt Codes: gS(1nO-5304-+_L. ~ ~
(Jrant: S_-___
('ounty Match: $. ____ __,_ __, _
/illDITlO:\"Al COSTS
Estimated Ongoing Costs: t~/yr For:
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Division Director
Cotlnty Allorney
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CUlllments.
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LEASE AGREEMENT
TillS LEASE is made and entered into this = day of , 2006, 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, 2006
and ending September 30,2007. The County may exercise an option to renew this lease
for one additional 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
$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 Housing and
Community Development, 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 of biohazardous 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. To the extent allowed by law, 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,
subject to the terms and conditions of Florida Statutes ~768.28.
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 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 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 eOUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
BEYER FUNERAL HOME
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