12/15/2004 Agreement AGREEMENT FOR DISPOSAL OF REMAINS
THIS CONTRACT is entered into this 1.5 day of Derenvibad'
2004, by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 (County), and
Florida Keys Funeral Services, LLC, a Florida limited liability corporation, whose
address is 418 Simonton Street, Key West, Florida 33040 (Contractor).
WHEREAS, funeral homes throughout the County provide storage
refrigerated facilities, and occasionally provide for disposal of remains at County's
cost; and
WHEREAS, there have previously been contractual arrangements with
predecessors of Contractor for said 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 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 (30) days before
the effective date of termination.
2._ SCOPE OF SERVICES. Contractor shall provide at Contractor's'place(s)
of business refrigerated storage of dead bodies 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 interment. Cremation services include: the statutorily required
approval by the 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 Contactor to process and
dispose under this Agreement, County has anatomical board authority under
Section 245.07, F.S., to dispose.
3. The Contactor 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. 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, Ziegler-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
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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.
(b) In addition to the $900.00 specified in sub-paragraph (a) above,
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.
5. SERVICES LIMITED. 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/interment 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 $900.00, the County shall reimburse
the funeral home the difference between $900.00 and the amount received through
the court proceeding.
6. NO FUNERAL SERVICE. No funeral service shall be authorized by the
County for any body processed under this Agreement.
7. RECORDS. 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 this Agreement and for four (4) years following the
termination of this Agreement. If an auditor employed by the County or Clerk of
Court determines that monies paid to the 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 Section 55.03, F.S.,
running from the date the monies were paid to the Contractor.
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 the
County in giving direction to the 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.
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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 in excess of the threshold amount provided
in Section 287.107, F.S., for Category Two for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list. If the Contractor is on
the convicted vendor list, then this Agreement 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 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. 101-1990 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 Agreement 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. Governing Law, Venue, Interpretation, Costs, and
Fees: 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.
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.
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.
13. NONDISCRIMINATION. County and Contractor agree 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. County or Contractor agree 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,
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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 ss. 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 patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 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 ss. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 13, Article VI, prohibiting discrimination on
the bases of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or Florida statutes which may apply to
the parties to, or the subject matter of, this Agreement.
14. ASSIGNMENT. The Contractor may not assign this Agreement, or
subcontract the work, without the prior written approval of the County.
15. 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.
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. 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
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that only interest of each is to perform and receive benefits as recited in this
Agreement.
18. PUBLIC ACCESS. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Contractor.
19. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of
Section 286.28, F.S., 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.
20. 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.
21. 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.
22. 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 toenforce 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.
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23. ATTESTATIONS. Contractor agrees to execute such documents as the
County may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
24. 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.
25. NOTICE. Any notice required to be given hereunder shall be provided
in writing as follows:
To County: To Contractor:
Louis LaTorre Robert Dean
Social Services Dept. Florida Keys Funeral Services
1100 Simonton Street 418 Simonton Street
Key West, FL 33040 Key West, FL 33040
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day $'y r first above written.
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GEALr \ r BOARD OF COUNTY COMMISSIONERS
tt¢stn I 1 OF MONROE COUNTY, FLORIDA
PANNY'-C. ';KOLHAGE, Clerk
e.
By %a` )) L lhalrr�� � By •�
Deputy Clerk Mayor/Chairperson
(SEAL) CONTRACTOR
Attest: Florida Keys Funeral Services,
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By By 9 tl`5Y/!/ir-X�QI
Title.:-_ _ Title rrZeS/sk^�r -
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MONROE COUNTY ATTORNEY
APPROVED AS
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Date
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77
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