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09/17/2014 Agreement AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROECOUNTI FIORIDA DATE: August 8, 2014 TO: Sheryl Graham, Director Social Services Department ATTN: Lourdes Francis FROM: Lindsey Ballard, D.C3d- At the September 17, 2014, Board of County Commissioners meeting the Board granted approval and authorized execution of the following Items: Item C9 Agreement for Disposal of Remains between Allen-Beyer Funeral Home and Monroe County Board of County Commissioners, Monroe County Social Services for the contract period of 10/16/2014 through 10/15/2015. Item C10 Agreement for Disposal of Remains between Dean-Lopez Funeral Home and MonroeJ County Board of County Commissioners, Monroe County Social Services for the contract period of 10/16/2014 through 10/15/2015. Item Cl1 Agreement for Disposal of Remains between Castillo & Thurston's Key West Mortuary and Monroe County Board of County Commissioners, Monroe County Social Services for the contract period of 10/16/2014 through 10/15/2015. Item C14 Amendment #001 to the Alzheimer's Disease Initiative Program (ADI) Contract #KZ1497 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Monroe County Social Services/In Home Services) for the contract period of 7/1/14 to 6/30/15. Enclosed are three (3)duplicate originals executed on behalf of Monroe County,for your handling Please be sure to return two filly executed duplicate originals as soon as possible. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File t/ 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway, thon,FL 0 Phone: SCANNED 88820 Overseas Hghway,Plantation Key,FL Phone::852-71145 Fax:305-852-7146 10. J 14- ORIGINAL AGREEMENT FOR DISPOSAL OF REMAINS DEAN-LOPEZ FUNERAL HOME MONROE COUNTY THIS CONTRACT is made and entered into this 17th day of September, 2014, 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 Dean-Lopez Funeral Home, a Florida business 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, Dean-Lopez Funeral Home is willing and able to provide for disposal of remains services for the County; and WHEREAS, the County desires to contract with Dean-Lopez Funeral Home for disposal of remains services; now therefore, IN CONSIDERATION of the following mutual promises and benefits, the parties agree as follows: 1. TERM. The term of this agreement is one (1) year beginning October 16, 2014 and terminating on October 15, 2015. 2. SCOPE OF SERVICES. Contractor shall provide at Contractor's place of business refrigerated storage of deceased individuals transferred to their possession and disposal services as described below. Contractor shall provide to County an original accurate Death Certificate prior to payment under paragraph 4. 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 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, if applicable, under Section 406.52, F.S. to dispose. 3. 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 or cremation of or transfer of, a deceased individual. 4. 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 (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, 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 funds. (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 purposes during the term of the Agreement and for four years following the termination 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. ATTORNEY'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 provisions 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 further 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 - Monroe County Attorney's Office 1111 12th St. Suite 408 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 other 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, percentage, gift, or other consideration contingent upon or resulting from the award or 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 full amount of such fee, commission, percentage, gift, or consideration. 21. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, 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 construed as, relieving any participating entity from any obligation or responsibility 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 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. 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. 010-1990. 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. 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. IN WITNESS WHEROF, County and Contractor have executed this Agreement as of the %date first written above. h A EAL) BOARD OF COUNTY COMMISSIONERS tst: tMY HEAVILIN, Clerk OF MONROE COUNT FLORIDA By: By:/ c- - ep ,%'� Mayor/Chairman Date: S4Dl-CI'1'7bo- 17n', ?DPI- Date: Sip terns r /7rt+r /L CONTRACTOR MO' COUNTY,OE COUNTY ATTORNEY 4.1 PR VED AS F Ri a PEDRO Hire • - Ro ert Dean ASSISTAi lif ATTORNEY //77 Date_ t Title: ,c/ pe Date: gfr c{