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Item C31 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: DECEMBER 15, 2004 DIVISION: COMMUNITY SERVICES rf-'-ifi' /' / - ~~ Fn~ BULK ITEM: YES DEPARTMENT: SOCIAL SERVICES AGENDA ITEM WORDING: Approval of a Contract with Florida Keys Funeral Services, LLC for the disposal of remains, and termination of the existing contracts with Kraeer Holdings, Inc., dba Key West Mortuary, Dean-Lopez Funeral Home and Seven Seas Funeral Home, Cemetery and Cremation Services, Inc. referring to the agreement for disposal of remains. ITEM BACKGROUND: Florida Keys Funeral Services, LLC has taken over operations and assets of Kraeer Holdings, Inc. dba Key West Mortuary, Dean-Lopez Funeral Home and Seven Seas Funeral Home, Cemetery and Cremation Services. This Contract will now cover all of the above Funeral Homes. PREVIOUS RELEVANT BOCC ACTION: 8/21/02 - Approval of Agreement with Dean & Sons Funeral Home, Cemetery and Cremation Services, Inc. 2/18/04 - Amendmentto Agreement with Dean & Sons Funeral Home, Cemetery and Cremation Services, Inc. changing the name to Seven Seas Funeral Homes, Cemetery and Cremation Services, Inc. CONTRACT/AGREEMENT CHANGES: Payments shall be made payable to Florida Keys Funeral Services, LLC at 418 Simonton Street, Key West, FL 33040. STAFF RECOMMENDATION: Approval TOTAL COST: N/A BUDGETED: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: N/A AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney XXX OMB/Purchasing XXX Risk Management XXX DIVISION DIRECTOR APPROVAL . ./;,,1/ !!l~ J/:" ~ ~ /,', / t/ /, l' ,,/ 1//, ~-& ,: _ )...-1't/ (....- .,/T JAMES E. MALLOCH, Division DirectOr / DOCUMENTATION: Included XXX To Follow Not Required AGENDA ITEM # C31 DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~ARY Contract with: F1.Keys Funeral Servo Contract # - Effective Date: Expiration Date: Contract PurposelDescription: Approval of a Contract with Florida Keys Funeral Services, LLC for the disposal of remains, and termination of the existing contracts with Kraeer Holdings, Inc. dba Key West Mortuarv Dean-Lonez Funeral Home and Seven Seas Funeral Home Cemererv and Cremation Services, Inc., referring to the agreement for disposal of remains. Contract Manager: Louis LaTorre X 4572 Social Services / #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/15/04 Agenda Deadline: 11/30/04 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesD No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ - - - - ----- - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance. utilities, janitorial. salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director I~tf Y esD No~ Risk Management 1/ (. --(~ '.~' t YesD NoD Date Out ~eVlywer . frg'f4f{(fw-ti t'iffj ~! '___\.)~ '_'_'-.>-.1-_ ( ;" - '-:;(-( 1("1; -> County Attorney ~i./ YesD NoGd' S ~ <.. comments0{ Y.-? /:/ - if.,;,. ft:~c'/- L,:' O.M.B./Purchasing _ YesD NoD OMB Form Revised 2/27/01 Mep #2 AGREEMENT FOR DISPOSAL OF REMAINS THIS CONTRACT is entered into this day of , 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 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. 2 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, 3 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 4 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.5., 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 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. 5 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: Louis LaTorre Social Services Dept. 1100 Simonton Street Key West, FL 33040 To Contractor: Robert Dean Florida Keys Funeral Services 418 Simonton Street Key West, FL 33040 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (S EA L) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk (SEAL) Attest: CONTRACTOR Florida Keys Funeral Services, LLC By By Title Title MONROE COuNT': AfTORNEY APPROVED AS 0 6