Item C42 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: _July 17, 2013 Division: _Social Services
Bulk Item: Yes _XX_ No _ Department: _Social Services
Staff Contact/Phone#: Sheryl aham, 292-4510
AGENDA ITEM WORDING:
Request approval to terminate Agreement for Disposal of Remains dated 2/21/2001 between Monroe
County and Martin-Vegue and McCluney Funeral Home, and to allow Sheryl Graham,Director of
Social Services to create and sign the official written termination notice.
ITEM BACKGROUND:
Martin-Vegue and McCluney Funeral Home is no longer in operation; however, the Agreement for
Disposal of Remains dated 2/21/2001 is technically open for an indeterminate time until terminated via
official written notice.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Agreement for Disposal of Remains on 2/21/2001.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 0 INDIRECT COST: 0 BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0 SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes_ No XX AMOUNT PER MONTH 0 Year 0
APPROVED BY: Count Att 4 OMB/Purchasin Risk Management Y Y g g
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM#
Revised.7/09
r
AGREEMENT FOR DISPOSAL OF REMAINS
THIS CONTRACT is entered into this 7— day of I q—_MC48_j, 2001, by
and between Monroe County, a political subdivision of the State of Florida, whose address is
Public Service Building, 5100 College Road, Key West,Florida 33040 (County), and Martin-
Vegue and McCluney Funeral Home, a Florida business whose address is 2901 Overseas
Highway,Marathon,Florida 33050(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 no formal contractual arrangements 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 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,`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 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 amount 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 handles), particle;board flat top casket
(metal bar hardware,'gay 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 crem
County will give Contractor directions for transfer of cremated rema or
Others as appropriate and shall require the most economical service3. b of
circumstances regarding the body and the next of kin. It:
080338 80-4 031IJ
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(b)In addition to the$900 specified insub-paragraph(a),County shall pay$1.25
per mile for one-way transportation of remains for tine-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 forwhich there
are assets to cover the cost of buriallinteent 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 HULK 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
attomey'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 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.
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. 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.
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.
11. 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 VWIEREOF, the parties hereto have set their hands and seals the day and
st above written.
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BOARD OF COUNTY COMMISSIONERS
!��'`'• ANNY L.KOLHAGE Clerk OF M OE COUNTY,FLORIDA
Y I�.
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(SEAL)
CONTRACTOR
Attest: Martin-Venue and McCluney Funeral Home
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APPROVED AS TO
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Fictitious Name Detail
Fictitious Name
MARTIN-VEGUE & MCCLUNEY FUNERAL HOME
Filing Information
Registration Number G00237900235
Status CANCELLED ✓
Filed Date 08/24/2000
Expiration Date 12/31/2005
Current Owners 1
County MONROE
Total Pages 2
Events Filed 1
FE'IIEIN Number NONE
Mailing Address
2901 OVERSEAS HIGHWAY
MARATHON, FL 33050
Owner information
MCCLUNEY FAMILY SERVICE, INC.
2901 OVERSEAS
MARATHON, FL 33050
FEIIEIN Number:65.1019772
Document Number; P00000058796
Document Images
312412000-- REGISTRATION F View image in PDF format
12127/2001 -- REGISTRATION View image in PDF format
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Fictitious Name
MARTIN-VEGUE CREMATORY
Filing Information
Registration Number G00252900037
Status EXPIRED
Filed Date 09108/2000
Expiration Date 12/3112005
Current Owners 1
County MONROE
Total Pages 1
Events Filed NONE
FEI/EIN'Number NONE
Mailing Address
2901 OVERSEAS HWY
MARATHON, FL 33050
Owner information
MCCLUNEY FAMILY SERVICES, INC.
2901 OVERSEAS HWY
MARATHON, FL 33050
FEIIEIN Number:65-1019772
Document Number: P00000058796
Document Images
09/08/2000-- REGISTRATION View image in PDF fonnat
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4
BOARD OF COUNTY COMMISSIONERS
` Mayor George Neu gent,District 2
County of Monroe
r Mayor Pro Tern,Heather Carruthers,District 3
The Florida Keys Danny L.Kolhage,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
Sheryl Graham Mailed Via: USPS Certified
Director, Social Services #7006 3450 0003 7171 5591
Monroe County Social Services
1100 Simonton Street 2-257
Key West, FL 33040
305-292-4510 (phone)
305-295-4359'(fax)
July"17, 2013
Martin-Vegue and McCluney Funeral Home
2901 Overseas Highway
Marathon,FL 33050
Dear Martin-Vegue and McCluney Funeral Home,
In accordance with the "Agreement for Disposal of Remains"(see attached)dated February 21,
2001, the County is exercising its right to terminate the agreement by written notice of either party.
You are hereby notified pursuant to the terms of the aforementioned agreement,paragraph 1, that
your services are terminated thirty (30) days from the receipt of this letter.
Sincerely,
Sheryl Graham
Director, Social Services
cc: Amy Heavilin, Clerk of Court
Debbie Frederick, Deputy County Administrator
Pedro Mercado, Assistant County Attorney