03/16/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
VA TE:
April 4, 2005
TO:
Reggie Paros, Director
Public Safety Division
A TTN:
Stacy De Vane, Executive Assistant
Public Safety Division
FROM:
,......._)11
Pamela G. HanF'oj/;v
Deputy Clerk '-
At the March 16, 2005, Board of County Commissioner's meeting the Board granted
approval to rescind agreement as approved on December 15, 2004 and authorized execution of a
new Lease Agreement between Monroe County and Florida Keys Funeral Services, LC, to
sublease premises for use as interim Medical Examiner facilities, for a period of eighteen months
commencing on the date the premises are ready for occupancy.
Enclosed is a duplicate original of the above-mentioned for your handling, Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File j
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 of the
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.
Section 5.
The LESSEE/SUBLESSOR shall make and bear the cost of other
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 SUBLESSEE may require 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 of the LESSEE/SUBLESSOR, except those moveable
fixtures installed by the SUBLESSEE, which are its property 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.
2
The LESSEE/SUBLESSOR shall submit monthly invoices to Monroe County
Public Safety Division, 9400 Overseas Highway, Suite 200, Marathon, Florida 33050 for
processmg.
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 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 ofthe 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
3
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 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
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 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, LESSEE/SUBLESSOR
agrees to maintain said records for at least three years after the termination of the lease.
4
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, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:C?~
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By:
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Deputy Clerk
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(Seal)
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Frederick M. Work
Pinewood Memorial Cemetery, Inc.
FLORIDA KEYS FUNERAL SERVICES,
LLC
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that hefit has not employed, retained
or otherwise had act on his/its behalf any former County 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, 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 of7yee.
Date:
(signature)
2/1/t'J)
! I
STATE OF
MT~~OTJRT
COUNTY OF
ST. LOUIS
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
FREDERIK M. WORK
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 7 t h
day of
FEBRUARY
,20200.5
~..u... a.~
NOTARYR LIC
My commission expires:
SALLE A BRYANT
Notary Public - Notary Seal
Sf ATE OF MISSOURI
ST. LOUIS an
MY COMMISSION EXP. JUNE 21.2005
OMB - MCP FORM #4