Item C15
BOARD OF COUNTY COMMISSIONERS
AGENDAlTEMSU~~. _
Louis LaTorre, Director/Social Services
Meeting Date: Feb. 18-19.2004 Division: Community Services
Bulk Item: Yes --X-
No
Department: Social Services
AGENDA ITEM WORDING: Approval of Amendment to Agreement between Monroe County and
Dean & Sons Funeral Home Cemetery and Cremation Services, Inc., changing its name to Seven Seas
Funeral Home Cemetery and Cremation Services, Inc. referring to the Agreement for Disposal
of Remains.
ITEM BACKGROUND: Dean & Sons Funeral Home Cemetery and Cremation Services, Inc., has
filed with the State of Florida Articles of Amendment changing its name to Seven Seas Funeral Home,
Cemetery and Cremation Services, Inc.
PREVIOUS RELEVANT BOCC ACTION: On August 21,2002, the Board of County
Commissioners approved and executed an Agreement for Disposal of Remains between Monroe
County and Dean & Sons Funeral Home setting forth responsibilities, services, costs, etc.
CONTRACT/AGREEMENT CHANGES: Change of name from Dean & Sons Funeral Home
Cemetery and Cremation Services, Inc., to Seven Seas Funeral Home, Cemetery and Cremation
Services, Inc. All other provisions of the contract dated August 21,2002, not inconsistent herewith,
shall remain in full force and effect.
STAFF RECOMMENDATIONS: Approval of Amendment to Agreement
TOTAL COST: N/ A
BUDGETED: Yes X
No
COST TO COUNTY NI A
SOURCE OF FUNDS:County Funds
REVENUE PRODUCING: Yes
No X
Amt. Per Month
YEAR NIA
N/A
APPROVED BY: County AttM
OMB/Purchasing ../ Risk Management
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J an<es E. Malloch
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
ToFollow_ NotRequired_
AGENDA ITEM # t/5:
DISPOSITION:
~evised 1103
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
~-
Louis LaTorre
Effective Date: ..L/18j04
Expiration Date: _
Contract PurposelDescription: Chanl!e of name from Dean & Sons Funeral Horne Cemetery and Cremation Services.
Ine.. to Seven Seas Funeral Horne Cemetery and Cremation Services. Inc.. referrine to the Aa:reement
for Disposal of Remains.
Contract Manager: Louis LaTorre
(Na
Contract with:
Dean & Sons Funeral Home
4573
(Ext.)
Social Services/Sto 1
(Department)
for BOCC meeting on 2/18-19/2004
Agenda Deadline: ....1...-103_/04
CONTRACT COSTS
Total Dollar Value of Contract: $N/A
Budgeted? Yes X- No _
Grant: $ N/ A
County Match: N/A
Current Year Portion: $ N/ A
Account Codes: 001-61502-530-495
ADDITIONAL COSTS
Estimated Ongoing Costs: $
(Not included in dollar value above)
For:
N/A
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
( ~es ~~.
Reviewer
Date Out
Division Director
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Risk Management
O.M.B./Purchasing
County Attorney
Comments:
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between Monroe County (hereinafter "County") and Dean & Sons
Funeral Home Cemetery and Cremation Services, lric. (hereinafter "Funeral
Home" or "Contractor").
WHEREAS, there was a contract entered into on August 21,2002, through
which Funeral Home agreed to provide County with refrigerated storage of dead
bodies and disposal services and for County to pay for cremation or preparation of
interment unclaimed and indigent bodies; and
WHEREAS, Funeral Home has filed with the State of Florida Articles of
Amendment changing its name;
NOW THEREFORE, the above parties agree as follows:
1. That agreement dated August 21, 2002, shall be amended as of the date
first written above to provide that the Contractor's name be Seven Seas
Funeral Home, Cemetery and Cremation SerVices, Inc.
2. All other provisions of the contract dated August 21, 2002, not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
Seven Sea~ Funeral Home, Cemetery
and <Cremation Services, Inc.
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(SEAL)
ATTEST: DANNY L. KOLHAGE
COMMISSIONERS
CLERK
BOARD OF! COUNTY
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
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ARTICLES OF AMENDMENT
TO
ARTICLES OF INCORPORA TION
OF
DEAN & SONS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC.
(Document No, P02000045561)
..,
Pursuant [0 the provisions of section 607.1006, Florida Statutes, this Florida profit corporation adopts the
following articles of amendment to its articles of incorporation:
FIRST:
The following Amendment to the Articles of Incorporation for this Florida profit corporation
were approved by the shareholders and the number of votes cast for the amendment was
sufficient for approval:
I. AMENDMENT OF CORPORATE NAME:
The name of the corporation is hereby changed to:
SEVEN SEAS FUNERAL HOME, CEMETERY AND CREMATION SERVICES, INC.
Signed this ,;z. t, day of September, 2003.
Signature of President of Corporation:
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C T IA V. DEA ,President (and sole shareholder) of DEAN & st)NS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC., (HEREAFTER KNOWN AS SEVEN SEAS FUNERAL HOME,
CEMETERY AND CREMATION SERVICES, INC.)
STATE OF FLORIDA )
COUNTY OF MONROE)
Before me, a Notary Public author" ed to take acknowledgments in the State and County set forth above,
personally appeared, Cynthia V. Dean ersonally know to me or who provided .f' t r')/)A.,u( '( LCi-U WI( oft> t'X.(...
as identification to be the person described as Presi ent of DEAN & SONS FUNERAL HOME, CEMETERY
AND CREMATION SERVICES, INC., hereafter [0 be known as SEVEN SEAS FUNERAL HOME,
CEMETERY AND CREMA TION SERVICES, INC., and who executed the foregoing, and he acknowledged
before me that he subscribed to these Articles of Amendment to the .o<\rtic1eS'of Incorporation for the purposes
expressed therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the State and
County aforesaid, this ~ day of September 2003.
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Print Name: '-<#oJOA-Wh~~{OL
Notary Public, State of Florida
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My Commission Expires:
SEAL
~"" 'q~ UNDA WHEELER
~V MY COMMISSlON /I CC' ":,l~lll
~1" DE f\O' EXP1RfS: April 20, 2: ., .
t '~NOTARY FlNoWyS_&&-,''l..''. ....
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MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS
OF
DEAN & SONS FUNERAL HOME, CEMETERY & CREMA TJON SERVICES, INC.
The Board of Directors of DEAN & SONS FUNERAL HOME, CEMETERY & CREMATION SERVICES,
INC., a corporation organized under the laws of the State of Florida, having by unanimous vote waived formal
notice of hearing, held a special meeting on September 26, 2002 at the law office of Linda B. Wheeler, Esq.,
counsel for the corporation, at 1213 White Street, Key West, Florida 33040,
The following directors were present at the meeting: Cynthia V. Dean.
Also present at the meeting was corporate counsel, Linda B. Wheeler, Esq.
Upon illotions duly made and unanimously passed, the board of directors proposed a change of name
of the corporation; to wit: DEAN & SONS FUNERAL HOME, CEMETERY & CREMATION SERVICES, INC.,
to be changed to:
SEVEN SEAS FUNERAL HOMrn. CEMETERY AND
CREMA TION SERVICES. INC.
Linda B. Wheeler, Esq., Attorney at Law, was instructed to prepare for signature the necessary
articles of amendment to be filed with the Florida Department of Stat~, which amendment would be signed
by the CYNTHIA V. DEAN, President, and that upon receipt of the filing of said change of name, that the
certification be filed in the corporate minute book.
Upon motions duly made and unanimously passed, the board of directors proposed that the President
and such other officers as he may designate, be authorized, empowered and directed to take any and all action
necessary to secure real property(ies) and improvements, by leasehold ot purchase, such as to be able to carry
out the business functions of the corporation, hereafter known as: SEVEN SEAS FUNERAL
HOME. CEMETERY AND CREMATION SERVICES. INC.
There being no further business to come before the meeting, upon motion duly made and
unanimously adopted, the meeting was adjourned.
Shareholder Approval:
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C nthia V. Dean
Shareholder of 100% of outstanding issued
stock of the corporation, consisting of 500 shares
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Cy hia V. Dean
President and Secretary
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AGREEMENT FOR DISPOSAL OF REMAINS
I
TIllS CONTRACT is entered into this V ,P day of ..a.r ) t.... U"'S T , 2002, by
and between Monroe County, a political subdivision of the State" of Florida, whose address is
1100 Simonton St., Key West, Florida 33040 (County), and Dean & Sons Funeral Home, a
Florida business whose address is 31140 Overseas Highway, Big Pine Key, FL 33043
(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 has been no previous agreement for services at the facility on Big Pine
Key; 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 at Contractor's place 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 Medical Examiner for cremation, and disposal of
remains, including placement in a temporary container, unles~ otherwise directed by the County.
County shall direct Contractor as to the means of disposal, w~ether cremation or burial. County
represents that for each body it directs Contractor to process 'and dispose under this Agreement,
County has anatomical board authority under Section 245.07, F.S. to dispose.
3. 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. - COSTS. (a) County shall pay Contractor for each "unclaimed" or indigent body
processed either through cremation or for interment, in the ao/lount 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 hanqles), particle board flat top casket
(metal bar hardware, gray cloth covered), plain pine casket (noihandles, 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.
.., ..... "
(b) In addition to the $900 specified in sub-paragraph (a), County shall pay
$1.25 per mile for one-way transportation of remains for one-way mileage in excess of fifty (50)
miles for cremation or burial purposes. Contractor shall use the closest crematory facilities
available.
5. The services shall be limited to unclaimed bodies or those for which the County
has made a determination of indigency. Bodies which are claimed by no one but for which there
are assets to cover the cost of burial/internment are not covered by this agreement. If the County
has determined that there was no indigency but the funeral home processes through the court a
request for disposal of aSsets without administration and, as a result, is paid the full amount of
known assets, which is less than $900, the County shall reimburse the funeral home the difference
between $900 and the amount received through the court proceeding.
6. No funeral service shall be authorized by County for any body processed under
this agreement.
7. INDEMNIFY AND HOLD HARMLESS. The Contractor covenants and agrees
to indemnify and hold harmless Monroe County Board of Cqunty Commissioners from any and
all claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its subcontractor(s) occasioned by the negligence, errors, or other wrongful
act or omission of the Contractor or its subcontractor(s), their employees, or agents; except that
Contractor shall not be liable for those errors and omissions of County in giving direction to
Contractor for disposal of any specific body or remains. Contractor relies upon the County to
exercise due diligence to locate family members and to issue proper disposal directions to
Contractor.
8. PUBLIC ENTITY CRlME 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.
9. 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. 0 I 0-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 0 I 0-1990. For breach, or violation of this provision the
County may, in its discretion, terminate this contract withollt liability and may also, in its
discretion, deduct from the contract or purchase price, or othetwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee.
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10. 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.
Il. 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.
12. 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.
13. ASSIGNMENT. The Contractor may not assign this Contract, or subcontract the
Work, without the prior written approval of the County.
IN WITNESS WHEREOF, the parties hereto have s~t their hands and seals the day and
year first above written. .
- ~ :=---'.
- ,
(SEAL). :.i
Attest:-DA}tNy L. KOLHAGE, Clerk
~~
BOARD OF ~OUNTY COMMISSIONERS
OF MONROE. COUN'FY, FLORIDA
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By
MaYQr/Chairperson
(SEAL)
Attest:
By
By
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Title
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