HomeMy WebLinkAbout10/16/2013 Agreement , f" AMY NEAVILIN, CPA
KTCLERK OF CIRCUIT COURT & COMPTROLLER
MONROE
ONROE COUNT!,FLa11DA
DATE: October 28, 2013
TO: Sheryl Graham, Director
Social Services Department
ATTN:: Lourdes Francis
FROM: Vitia Fernandez, D.0
At the October 16, 2013, Boar of County Commissioner's meeting the Board granted approval
and authorized execution of the following items:
Item C6 Agreement for Disposal of Remains between Allen-Beyer Funeral Home and
Monroe Caunty Board of County Commissioners (Social Services) for a contract period of
10/16/2013 through 10/15/2014.
Item C7 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 10/15/2014.
Item C8 Agreement for Disposal of Remains between Dean-Lopez Funeral Home and
Monroe County Board of County Commissioners (Social Services) for a contract period of
10/16/2013 through 10/15/2014.
Enclosed are three(3)duplicate originals of each of the above-mentioned, executed on behalf of
Monroe County,for your handling. Should you have any questions,please do not hesitate to contact our
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
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:
1. TERM. The term of this agreement is one (1) year beginning October 16, 2013
and terminating on October 15, 2014. The County, at its discretion, may renew this
agreement.
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.
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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 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.
4. 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.
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 (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
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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.
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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 oflhe 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.
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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 And
Monroe County Attorney's Office Aaron Castillo
1111 12'h 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 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.
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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.
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b3Provide 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.
e) 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
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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
of36-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
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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.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEROF, County and Contractor have executed this Agreement as of the date
first written above.
(SEALk A
BOARD OF COUNTY COMMISSIONERS
`4_, Attes r Y HEAVILIN, ClerkOF MONROE COUNTY, FLORIDA
�'�'- / By: � et?.. f�.f.4..gd'
Deputyy�Cller ayor/C irman
Date: W 1 8 ) 2313 Date: I D 125 I w 1 3
G r CONTRACTOR
w Florida Keys Funeral Services, LLC
- d/b/a Castillo & Thurston's Key West Mortuary
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c 0 - ;- Robert Dean
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And
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Aaron Castillo
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Date: R / 1 : /i.
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PEDRO J RCADO
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Date
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