Item C04
BOARD OF COUNTY COMMISSIONERS
K~~
AGENDA ITEM SUMMARY
Louis LaTorre
Meeting Date: April 18. 2001
Division: Community Services
Bulk Item: Yes -X- No
Department: Social Services/Welfare
AGENDA ITEM WORDING: Approval of Agreement for Disposal of Remains between Monroe
County and Kraeer Holdings, mc" dba Key West Mortuary, a Florida Corporation.
ITEM BACKGROUND: Several funeral homes throughout Monroe County provide services for the
County. This is an Agreement with Kraeer Holdings, Inc., dba Key West Mortuary setting forth
responsibilities, services, costs, etc. There is an increase in costs. The old rate was $450.00, which has
been the cost for 20 years. The new rate is $900.00 per burial.
PREVIOUS REVELANT BOCC ACTION: No previous BOCC action with Key West Mortuary.
No previous formal contractual arrangements.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval of Agreement
c-
TOTAL COST:
$900.00 per burial
BUDGETED: Yes X- No
COST TO COUNTY: $900.00 per burial
REVENUE PRODUCING: Yes
No~ AMOUNTPERMONTH_ Year
DOCUMENTATION:
Included X
chasing ~ Risk Management
APPROVED BY: County Atty -L
DIVISION DIRECTOR APPROVAL:
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # L-.ctI
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Kraeer Holdings dba Key
West Mortuary
Contract #
Effective Date:
Expiration Date:
Contract PurposelDescription:
This is an A eement settin forth res onsibilities, services, costs, etc. There is an
increase in costs. The old rate was $450.00 which has been the cost for 20 ears. The
new rate is $900.00 er burial.
Contract Manager: Louis LaTorre
(Name)
Social Services /Sto # 1
(Department/Stop #)
for BOCC meetin on 4/18/01
A enda Deadline: A ril 4, 2001
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YeslZl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-61502 -530-495-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $900.00 per For:
buriaI/jox
(Not included in dollar value above)
i:-
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date I? Needed ~ f!
Division Director '3/ SC / c(YesD No'LJ _ 3 3D ()
RiskManageD~t 3\30\0\ YesDNoG(' tA .~L~~ RcG-ct-~
O~/Purc~ 3/!0/D/YesDNo~ dI~~ C ~
County Attorney YesD NolZI Suzanne A. Hutton 3/22/01
Comments:
OMB Form Revised 2/27/01 Mep #2
AGREEMENT FOR DISPOSAL OF REMAINS
THIS CONTRACT is entered into this day of , 2001, by
and between Monroe County, a political subdivision of the State of Florida, whose address is
Public Service Building, 5100 College Road, Key West, Florida 33040 (County), and Kraeer
Holdings, Inc., dba Key West Mortuary, a Florida Corporation whose address is 200 N. Federal
Hwy., Pompano Beach, FL 33062 (Contractor).
WHEREAS, County pays for the disposal of remains of indigent decedents; and
WHEREAS, Contractor owns in Key West funeral homes under the names of Key West
Mortuary and Dean-Lopez Funeral Home; and
WHEREAS, a friend or next-of-kin of a decedent who is later determined to meet the
County's indigency requirements may arrange for the decedent's body to go to the Key West
Mortuary; and
WHEREAS, the Key West Mortuary ("Mortuary") has no refrigeration facilities on its
premises; and
WHEREAS, the Key West Mortuary is managed by Loewen Group International, Inc.,
("LGI") which also manages Dean-Lopez Funeral Home ("Dean-Lopez"); and
WHEREAS, the common ownership and management of the Mortuary and Dean-Lopez
allow the refrigeration facilities of the latter to be used by the former; and
WHEREAS, the County desires to contract with Contractor for disposal of remains of
indigent decedents who were initially transported to Contractor; now, therefore
;;,-
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IN CONSIDERATION of the following mutual promises and benefits, the parties agree
as follows:
1. TERM. The term of this agreement is from the date first written above for an
indeterminate time until this agreement is terminated by written notice of either party, said notice
being provided to the other party thirty days before the effective date of termination.
2. SCOPE OF SERVICES. Contractor shall provide refrigerated storage and
disposal services as described below for dead bodies transferred to their possession from the place
of death. Services covered under this agreement are only for decedents for whom friends or next
of kin have arranged services with the Mortuary and it is later determined that the decedent
qualifies for indigency disposal, but shall not be accorded to the Mortuary on a rotation basis with
any other funeral home.
Contractor shall provide to County an original accurate Death Certificate prior to
payment under paragraph 5. Disposal may be by cremation or delivery of casket to the Key West
Cemetery, or other cemetery designated by the County, for interment. Cremation services include
the statutorily required approval by Medical Examiner for cremation, and disposal of remains,
including placement in a temporary container, unless otherwise directed by the County. County
shall direct Contractor as to the means of disposal, whether cremation or burial. County
represents that for each body it directs Contractor to process and dispose under this Agreement,
County has anatomical board authority under Section 245.07, F.S. to dispose.
3. LICENSES. The Contractor shall maintain all licenses and insurance required
for operation of a funeral home and shall obtain burial transit permits and any other legally
required permits for disposal of, or transfer of, a dead body.
4. REFRIGERA TED STORAGE. Refrigerated storage shall be provided at Dean-
Lopez Funeral Home at 418 Simonton Street, Key West, Florida. Due to the fact that refrigerated
storage must be provided at a location other than the Mortuary, this contract shall terminate if and
when the Mortuary and Dean-Lopez are no longer under common ownership and management.
5. COSTS. (a) County shall pay Contractor for each "unclaimed" or indigent body
processed either through cremation or for interment, in the amount of $900.00. This cost shall
encompass burials of unidentified bodies, zeigler-type or badger caskets for decomposed bodies,
flat top casket (gray cloth covered, white interior, fixed handles), particle board flat top casket
(metal bar hardware, gray cloth covered), plain pine casket (no handles, white interior), raised top
pine casket (handles and white interior), or equivalent caskets, and embalming and all other
services necessary for the disposal of remains by cremation or interment, including but not
limited to removal and transfer of remains to funeral home, to crematory and to cemetery. The
County will give Contractor directions for transfer of cremated remains to family members or
others as appropriate and shall require the most economical services possible in each set of
circumstances regarding the body and the next of kin. County will not pay any additional costs
for refrigerated storage and Contractor shall be solely responsible for insuring that any costs
related thereto are paid.
(b) In addition to the $900 specified in sub-paragraph (a), County shall pay $1.25
per mile for one-way transportation of remains for one-way mileage in excess oUifty (50) miles
for~cremation or burial purposes. Contractor shall use Jhe closest crematory facilit1es available.
6. INDlGENCY. The services shall be limited to unclaimed bodies or those for
which the County has made a determination of indigency. Bodies which are claimed by no one
but for which there are assets to cover the cost of burial/internment are not covered by this
agreement. If the County has determined that there was no indigency but the funeral home
processes through the court a request for disposal of assets without administration and, as a result,
is paid the full amount of known assets, which is less than $900, the County shall reimburse the
funeral home the difference between $900 and the amount received through the court proceeding.
7. NO SERVICES. No funeral service shall be authorized by County for any body
processed under this agreement.
8. INDEMNIFY AND HOLD HARMLESS. The Contractor covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and
all claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its subcontractor(s) occasioned by the negligence, errors, or other wrongful
act or omission of the Contractor or its subcontractor(s), their employees, or agents; except that
Contractor shall not be liable for those errors and omissions of County in giving direction to
Contractor for disposal of any specific body or remains. Contractor relies upon the County to
exercise due diligence to locate family members and to Issue proper disposal directions to
Contractor.
9. 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. If the Contractor is on the convicted vendor list, then this
Contract is void ab initio with the County under no obligation to pay the contractor any
compensation or damages under any legal theory whatsoever.
10. ETHICS CLAUSE. The Provider warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. 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.
11. INDEPENDENT CONTRACTOR. In carrying out the work the Contractor is an
independent contractor and in no way may be considered or deemed an employee or officer of the
County.
12. APPLICABLE LAW. This Contract is governed by the laws 6f the State of
Florida. Venue for any litigation arising under this -contract must be in a court of competent
jurisdiction in Monroe County, Florida.
13. NON-DISCRIMINATION. The Consultant agrees that it will not unlawfully
discriminate against any of its employees or applicants for employment because of their race,
color, religion, sex, national origin or disability. The Consultant must insert a provision similar to
this paragraph in any subcontracts awarded under this Contract except those for the purchase of
commercial supplies and raw materials.
14. ASSIGNMENT. The Contractor may not assign this Contract, or subcontract the
Work, without the prior written approval of the County.
15.
as follows:
NOTICE. Any notice required to be given hereunder shall be provided in writing
To County:
Social Services Dept.
Welfare Program
5100 College Rd.
Key West, FL 33040
To Contractor:
Kraeer Holdings, Inc.
200 N. Federal Hwy.
Pompano Beach, FL 33062
AND
County Attorney
P.O. Box 1026
Key West, FL 33041
AND
Aaron Castillo
Key West Mortuary
328 Truman St.
Key West, FL 33040
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
l~l:!r!:'r~~~
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"P.r..'::"'"
(SE _,
JOHN-MICHAEL JONES
MY COMMISSION # CC 949769
EXPIRES: July 25, 2004
Bonded Thru Nolary Public: Underwrite..
Attest:
By}1i~
Title llIo1AJ<.Y pl/dile
I
ssconKraeerHoldings,Inc.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
CONTRACTOR
Kraeer Holdings, Inc. f::'-
dba Key West Mortuary, /7 / ~
By ~ ~~/ f/U-A
Title (lfl.ES//)[NI , Kraeer Holdings, Inc.
and ~
By ~tJ7?a::~;;~ . /
Aaron Castillo
Title /l1ANAC(!;R , Key West Mortuary