Item C19 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 09/17/2013 Division: Social Services
Bulk Item: Yes X No __ Department: Social Services
Staff Contact/Phone#: Sheryl Graham/292-4510
__.. Z9 Loi3
AGENDA ITEM WORDING: Approval of an Agreement for Disposal of Remains between Castillo
&Thurston's Key West Mortuary and Monroe County Board of County Commissioners(Social
Services)for a contract period of 10/16/2013 through 10/15/2018.
ITEM BACKGROUND; Three funeral homes throughout Monroe County currently provide these
services for the County. This is an agreement between the County and Castillo&Thurston's Key West
Mortuary setting forth the responsibilities, services, and costs. There is an increase in cost. Prior to
02/21/2001,the rate was$450.00 which was the rate for 20 yews. On 02/21/2001,the rate increased to
$900.00 per cremation/burial and this rate has been static for 12 % years. The new rate is $1,200.00
per cremation/burial(adult)and$600.00 per cremation/burial(child).
PREVIOUS RELEVANT BOCC ACTION: Board approved contract on April 18, 2001
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS:Approval
TOTAL COST:$1200 00/cremation/buriai INDIRECT COST: BUDGETED: Yes-X
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $1,200/cremation/burial SOURCE OF FUNDS: (gemEkAL R :ye-mL1E
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
�1 h�iBTPurc� ✓ Management
is
APPROVED BY: County Atiy O basing Risk ement
DOCUMENTATION: Included x___ Not Rewired
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Castilla&Thurstoifs Contract#
Effective Date 10/16/2013
Expiration Date: 10/15/2018
Contract P'urpowA3esctiption:
Approval of an A eernent for Disposal'of Remains between Castillo&Thurston's Key
West M
pitM and Monroe Cppaty Board.of Cgunty Commissioners Social Services' for a;
contract period of 10/16/2013 thro 10115l2018.
Contract Manager: Sheryl Graham 292-45 0 Social Services
(Name (Ext.) (Department/Stop#t)
for BOCC=!!29on 09/17/2013 Ag Deadline: 09103/2013
CONTRACT COSTS
Total Dollar Value of Contract: $ $1200.00/ Current Year Portion:
cremation 001 —to t 502-- 5 30y 95-
Budgeted?Yes1] No❑ Account Codes: - -
Grant: $ - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs:$ 1200.00 ter For.
cremation/burial
(Not included m dollar value above) (e&maintenance,utilities,imitofial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director %:aQ-' )YesQ No -
y
Risk Management bYesn No[
O.M.B./Purchas�g c/13 YesE Noi] lci&
County Attorney Yes0 Noftl�&��/e
t
Comments:
OMB Form Revised 2/27/01 MCI'92
AGREEMENT FOR DISPOSAL OF REMAINS
CASTILLO &THURSTON'S KEY WEST MORTUARY
MONROE COUNTY
THIS CONTRACT is made and entered into this 16`h day of October, 2013, by
and between Monroe County, a political subdivision of the State of Florida, whose
address is The Historic Gato Building, 1100 Simonton Street, Suite 2-257, Key West,
Florida 33040 (hereafter, "County"), and Florida Keys Funeral Services, LLC d/b/a
Castillo & Thurston's Key West Mortuary, a Florida corporation whose address is
418 Simonton Street, Key West, Florida 33040 (hereafter "Contractor").
WHEREAS, funeral homes throughout the County provide for disposal of
remains at County's cost; and
WHEREAS, the County entered into an Agreement for Disposal of Remains
with Kraeer Holdings, Inc. d/b/a/Key West Mortuary on April 18, 2001; and
WHEREAS, ownership of the fictitious name of Key West Mortuary has
changed from Kraeer Holdings, Inc. to Florida Keys Funeral Services, LLC; and
WHEREAS, Key West Mortuary is now registered as Castillo & Thurston's
Key West Mortuary; and
WHEREAS, the parties have found the April 18, 2001 agreement mutually
beneficial; and
WHEREAS, the parties mutually agree to terminate the April 18, 2001
agreement and enter into this agreement in order to reflect the Contractor's correct
name and the updated terms of the Agreement; now, therefore
IN CONSIDERATION of the following mutual promises and benefits, the
parties agree as follows:
I. TERM. The term of this agreement is five (5) years beginning October
16, 2013 and terminating on October 15, 2018.
2. TERMINATION OF PRIOR AGREEMENT. The parties mutually
agree to terminate the parties' April 18, 2001 agreement with neither party having any
further rights or obligations under the terms of the April 18, 2001 agreement.
3. SCOPE OF SERVICES. 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 vault interment. Cremation services include; the
statutorily rewired approval by Medical Examiner for cremation, and disposal o
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, if
applicable, under Section 406.52, F.S. to dispose.
4. The Contractor shall maintain all licenses and insurance required for
operation of a funeral home and shall obtain burial transit permits and any ether
legally required permits for disposal or cremation of, or transfer of, a deceased
individual.
5. COSTS.
(a) County shall pay Contractor for each "unclaimed" or indigent body
processed either through cremation or for interment, in the amount of$1,200.00. In
the event the County has received only partial remains or the remains of an infant,
County shall pay $600.00. This cost shall encompass burials of unidentified bodies,
zeigler-type or badger caskets for decomposed bodies, flat top casket (grey 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, to cemetery, or to Monroe'County Social Services office. The
County will be responsible for transfer of cremated remains to family members or
others as appropriate and shall ensure the most economical and secure delivery
service possible in each set of circumstances.
(b) County shall pay in accordance with the Florida Local Government
Prompt Payment Act,payment will be made by submission of invoice by Contractor.
(c) Contractor shall submit, in arrears, invoices to County with supporting
documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of ftmds.
(d) The contract amount agreed to herein may be adjusted annually, on the
renewal date of each year, by a percentage equal to the percentage increase in the CPI
for urban consumers for the preceding calendar year.
5. LIMITATION OF SERVICES.
(a) 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 cremation or burial 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 $1,200, the County shall reimburse the funeral home the difference
between $1,200 and the amount received through the court proceeding. Court costs
may be reimbursed at the discretion of the Director of Social Services.
(b) No funeral service shall be authorized by County for any deceased
individual processed under this agreement.
6. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, Contractor
shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or
in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
willful misconduct of Contractor or any of its employees, agents, sub-contractors or
other invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Contractor's, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). Additionally, Contractor shall not be
liable for those errors or 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. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
7. BOOKS, RECORDS and DOCUMENTS. Contractor shall maintain all
books, records, and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records
of this Agreement. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor.
8. GOVERNING LAW, VENUE,and INTERPRETATION.
(a) This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to contracts made and to be performed entirely
in the State.
(b) In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and
Contractor agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
(c) The County and Contractor agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding.
9. SEVERABILITY. If any term, covenant, condition, or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants; conditions, and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition, and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants; conditions, and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
10. ATTOR E 'S FEES and COSTS. The County and Contractor agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees,court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
11. BINDING EFFECT. The terms, covenants, conditions, and previsions of
this Agreement shall bind and inure to the benefit of the County and Contractor and their
respective legal representatives,successors,and assigns.
12. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery, and performance of this Agreement have been duly authorized by all
necessary County and corporate'action,as required by law.
13. CLAIMS FOR FEDERAL or STATE AID. Contractor and County agree
that each shall be,and is,empowered to apply for, seek, and obtain federal and state funds
to fitrther the purpose of this Agreement; provided that all applications, requests, grant
proposals,and funding solicitations shall be approved by each party prior to submission.
14. ADJUDICATION of DISPUTES or DISAGREEMENTS. County and
Contractor agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If
the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
15. NOTICE REQUIREMENT. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other
party by certified mail,returned receipt requested,to the following.
For County: For Contractor:
Director of Social Services Dean-Lopez Funeral Home
Sheryl Graham 418 Simonton Street
1100 Simonton St. Suite 2-256 Key West, Florida 33040
Key West, Florida 33040
And And
Monroe County Attorney's Office Aaron.Castillo
I I 1112a'St. Suite 408 328 Truman Ave
Key West, Fl. 33040 Key West, Fl. 33040
16. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and. Contractor agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and ether activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
17. NONDISCRIMINATION. Contractor agrees that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Contractor agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
18. COVENANT of NO INTEREST. County and Contractor covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that the only
interest of each is to perform and receive benefits as recited in this Agreement.
19. CODE of ETHICS. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
20. NO SOLICITATION/PAYMENT. The County and Contractor warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without liability
and, at its discretion,to offset from monies owed, or otherwise recover,the fall amount of
such fee, commission,percentage, gift, or consideration.
21. PUBLIC ACCESS. Pursuant to Florida Statute §119.0 70 1. Contractor
and its subcontractors shall comply with all public records laws of the State of Florida,
including but not limited to:
a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
b) Provide the public with access to public records on the same terms and conditions
that Monroe County would provide the records and at a cost that does not exceed
the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by
law.
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination
of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to Monroe County in a format that is
compatible with the information technology systems of Monroe County.
22, NON-WAIVER of IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and the Contractor in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
23. PRIVILEGES and IMMUNITIES. All of the privileges and immunities
from liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers" compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of
the County shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the territorial limits
of the County.
24. LEGAL OBLIGATIONS and RESPONSIBILITIES: Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
I gliml 1011—Aar--re'sp ing-any--parUJI dWW,_cnt, ioni-,my-jaw, msihilily�
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
25. NON-RELIANCE by NON-PARTIES. No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
26. NO PERSONAL LIABILITY. No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent, or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent, or employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
27. EXECUTION in COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
28. SECTION HEADINGS. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
29. FEDERAL, STATE and LOCAL LAW. The Contractor shall comply
with all federal, state, county and local laws, ordinances, rules and regulations now and
hereafter in force which may be applicable to the operation of its business.
30. MUTUAL REVIEW. This agreement has been carefully reviewed by
Contractor and the County, therefore this agreement is not to be construed against either
party on the basis of authorship.
31. PUBLIC ENTITY CLIME STATEMENT. A person or affiliate who
has been placed on the convicted vender 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 initiv with the County under no obligation to
pay the contractor any compensation or damages under any legal theory whatsoever.
32. ETHICS 'CLAUSE. The Contractor 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. 010-19 0. 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 farmer County officer or employee.
33. 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.
34. ASSIGNMENT. The Contractor may not assign this Contract, or subcontract
the work,without the prior written approval of the County.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT
BLANK.
IN WITNESS WHEROF, County and Contractor have executed this Agreement as of the
date first written above.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date: Date:
CONTRACTOR
Florida Keys Funeral Services, LLC
d/b/a Castillo & Thurston's Key West Mortuary
By:_
a r
Robert Dean
Title: y¢ i
Date:
And
By:
Aaro astillo
Title:
Date: t
MO AT-rO
.
-S tip
PEDRO J, MERADO
ASSIS
Date
AGREEMENT FOR DISPOSAL OF REMAINS
THIS CONTRACT is entered into this I�K�day of I - _ , 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 Kraut'
Holdings, Inc.,dbaiKey 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 indigen cy 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 Hoare;("Dean-Loped");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
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 indigercy 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
g
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. REFRIGERATED STORAGE. Refrigerated storage shall be provided at Dean-
Lopez Funeral Horne 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$904 specified in sub-paragraph(a),County shall pay$1.25
per mile for one-way transportation of remains for one-way mileage in excess of fifty(50)miles
for cremation or burial purposes. 'Contractor shall use the closest crematory facilities available.
6. INDIGENCY. 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 $940,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.
S. 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
attar ey'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.
1>1. 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 of 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. ASSI+GNMENT. The Contractor may not assign this Contract,or subcontract the
Work,without the prior written approval of the County.
15. NOTICE. Any notice required to be given hereunder shall be provided in writing
as follows:
To County; To Contractor..
Social Services Dept. Kraeer Holdings,Inc.
Welfare Program 200 N.Federal Hwy.
5100 College Rd. Pompano Beach,FL 33062
Key West,FL 33040
AND AND
County Attorney Aaron Castillo
P.O.Box 1026 Key West Mortuary
Key West,FL 33041 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.
t!
BOARD OF COUNTY COMMISSIONERS
s: Y L. KOLHAGE,Clerk OF ONROE COUNTY,FLORIDA
y17.."'""'""" By
puty Oferk Mayor/Chairperson
' = MY mEXPJRS'JWy%S
WW d7h.t vPu> undsw
{SE CONTRACTOR
Attest: Kraeer Holdings,Inc.
� dba Key West Mortuary
By r/l By
Title 41��9X k911C Title_g ESib ,Kraeer Holdings,Inc.
and
o
By
Aaron CEM o
CD< G JA.
s -J I}' Title /ZJjQ ,Key West Mortuary
CDs=
o — •c.�n
� ss4�nKnBerngs;Mc.
U. CD �
APPROVED AS TO FOR
AND SUFFICE
BY
SU NNE l
^ETC