Item C46 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 Graham,292-4510
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AGENDA ITEM WORDING:
Request approval to terminate Agreement for Disposal of Remains dated 8/21/2002, as Amended on
2/18/2004, between Monroe County and Seven Seas Funeral Home. Cemetery and.Cremation Services,
Inc., and to allow Sheryl Graham, Director of Social Services to create and sign the official written
termination notice.
ITEM BACKGROUND:
Seven Seas Funeral Home, Cemetery and Cremation Services, Inc., is no longer in operation; however,
the Agreement for Disposal of Remains dated 2/21/2001, as amended on 2/18/2004, 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 8/21/2002 and Amendment to Agreement
dated 2/18/2004.
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: County Atty OMB/Pure asing Risk Management '
DOCUMENTATION: Included XX Not Required
DISPOSITION AGENDA ITEM#
Revised 7/09
AMENDMENT TO-AGREEMENT
THIS ADDENDUM to agreement is made and entered into this isth day of
February 2004, between Monroe County{hereinafter"County°} and Dean&Sons
Funeral Home Cemetery and Cremation Services, Inc. {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 Hornet 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 Seas Funeral Home, Cemetery
and Cremation Services, Inc.
Preo t a � -n
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T.. 1ANNY L. KOLHACE BOARD OF COUNTY s'
IONERS :< r :x rYt
CLERK
OF M NROE COUNTY, FLOR4DA" ry
E rn
eputy erk Mayor/Chairman
MONROE COUNTY'ATT EY
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AGREENIENT FOR DISPOSAL OF REMMNS
THIS CONTRACT is entered into this '. ; day of 41L)
,{ 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 & Sans 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 oftermination.
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, 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 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 buriallintemment 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 Beard 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 subcontractors) 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 oraffiliate 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 Ieases 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 '87.017, 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 WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest -DA.- TNY L. KOLHAGE, Clerk OF 11+IONROE COUNTY, FLORIDA
By
eputy lerk Mayor/Chairperson
APPROVED AS TO FORM
AND L At SUFFIC! Y.,
By
NNE Al. ON
, j
(SEAL) CONTRACTOR
Attest: DEAN& SONS FUNERAL HOME
By
By
Title Title_[ U-)
-ondean&sonsf uw,raihome
—" SOARR OF COUNTY COMMISSION R
MAYOR Charles"Soney"McCoy,District 3
Mayor No tem Dixie Spehar,District I
Cc�m� MONROE GeorgeNeugettt.District2
FLL>RIOA33oto MurrayNetsom Districts
i 23+-4641 ;:. �. Bert 1 imerte7_District 4
Social Services Department
Gato Building, Room 1-204
1100 Simonton Street
Key West, FL 33040
(305) 292-4573 - Phone
(305) 292-4517 - Fax
September 12, 2002
Mr. Jeffery W. Dean
Dean & Sons Funeral Home
31140 Overseas Highway
Big Pine Key, FL 33043
RE: Agreement for Disposal of Remains between
Monroe County and Dean & Sons Funeral Home
Dear Mr. Dean:
For your records, attached please find a duplicate original of
the above-mentioned Agreement, which was approved at the August 21,
2002 Board of County Commissioners meeting.
Sincerely,
Louis LaTorre, Director
Monroe County Social Services
LL:gc
Attachment
GQUMTp e
� O
CGUtIT
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITTEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
MEMORANDUM
DATE: September 6, 2002
RECEtVF�
TO: Louis Latorre, Director
Social Services Division (�M�ftc�
0
0�)7
FROM: Pamela G. Hanco
Deputy Clerk SE
At the August 21, 2002, Board of County Commissioners meeting the Board granted
approval and authorized execution of an Agreement for Disposal of Remains between Monroe
County and Dean& Sons Funeral Home, setting forth responsibilities, services, costs, etc.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please feel free to contact our office.
Cc: County Administrator w/o document
County Attorney
Finance
File
Detail by Registered Agent Name Page I of 2
x
Detail by Registered Agent Name
Florida Profit Corporation
EVEN SEAS FUNERAL HOME, CEMETERY AND CREMATION SERVICES, INC.
Filin-q Information
Document Number P02000045561
E1/EIN Number 043675021
Date Filed 04/25/2002
fate FL
Status INACTIVE
Effective Date 04/24/2002
Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT
Event Date Filed 10/01/2004
Event Effective Date NONE
Principal Address
31140 OVERSEAS HWY
BIG PINE KEY, FL 33043
Changed: 05/19/2003
Mailing Address
1140 OVERSEAS HWY
BIG PINE KEY, FL 33043
Changed: 05/19/2003
Registered A ent Name & Address
DEAN, JEFFREY W
1140 OVERSEAS HWY
1G PINE KEY, FL 33043
Address Changed: 05/19/2003
Officer/Di Detail
Name & Address
Title P
DEAN, CYNTHIA V
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Retail by Registered Agent Name Page 2 of 2
127 DUNCAN STREET
KEY WEST, FL 33040
Annual Reports
Rgpblft Year Contact Oiled Dati Filing Services Document Searches Forms Help
2003 05/19/2003
Document Images'
10/02/2003 Name Change View image in PDF format
0 /2 0 -- ANNUAL REPORT View image in PDF format
0 / 0/ 002 - Name Charge View image in PDF format
04/25/2002 Domestic Profit View image in PDF format
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(Requestor's Name)
(address)
000023442160
(A dress
(Cityf tateM e
[] PICK-UP [] Warr 0 MAIL #,*43.75
(Business Entity Name)
Pocument Number)
Certified Copies Certificates of Status
Special instructions to Filing Officer.
Ga
Office Use Only
Linda B.Wheeler
Attorney at Law
1213 White Street
Key West,Florida 33040
Telephone(305) 294-0683
Facsimile(305) 296-2155 :w'
September 26,2003
"r
Amendment Section
Division of Corporations
409 E. Gaines Street
Tallahassee, FL 32399
via Federal.Express
RE: DEAN&SONS FUNERAL HOME,CEMETERY
AND CREMATION SERVICES,INC.
(Document No.P020 45551)
SUBJECT:Change of Name Amendment (to SEVEN SEAS FUNERAL HOME,C'ENMTERY
AND CREMATION SERVICES,INC.)
Dear sir or Madam:
Enclosed you will find Articles of Amendment to Articles of Inc-orporat,on for 15EAN&SONS FUNERAL
HOME,CEMETERY AND c EM.A'TIoN sEIZv10ES,INC:.` (Docunic t No.P02ti4U£}45551).
The Nate Change Amendment and fees(535 for amendment fi€ing+$8.75 for certified copy)are submitted
for filing.
Please return the filed amendment and all correspondence concerning this matter to me at the above address.
Thank you for year attention to this matter.
Regards,
Linda Wheelcr
enc. -
cc C.Dean
•t�
t
ARTICLES OF MQUMATMA �� c,. c'.•
LEAN&SONS FUNERAL HOME,CEMETERY
AND CREMATION SERVICES,INC.
(Document No.P02 5561) r
Pursuant to the provisions of section 607.1€06,Florida Statutes,this Florida profit corporation adopts the
fallowing 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. AMfjMXQa QE CQREQZ n Nahjg.
The name of the corporation is hereby charged to:
SEVEN SEAS FUNERAL HOME,CEMETERY AND CREMATION SERVICES,INC.
Signed this clay of September,2003
Signature of President of Corporation:
/11.1 'a k' 1-1 ZO �dd,,. ---
A V!.-1D-EAN,President(and sole shareholder)of DEAN&SOWS FUNERAL HOME,CEMETERY
AND CREMATION N S 2.V ICES,INC.,MEREAFrER KNOWN As. EV`EN SEAS FUNERAL HOME,
CEMETERY AND CREMATION SERVICES,`INC.}
STAR OFFLORIDA )
COUNTY OF MO OE
Before me,a Notary Public autho ' ' to take acknowledgments in the State and.County set forth above,
personally appeared,CyAdlia V.QC" rsonaily kno to mee or who provided ke s-51%ct(y �6�tcc #o arc�c
as identification to be the person described as Prey east of DEAN&SONS FU'NER;A.,L,Fit'IME,CEMETERY
AND CREMATION"SERVICES,INC.,hereafter to be known as SEVEN SPAS FUNERAL HOME,
CEMETERY AND CREMATION SERVICES,INC., and who executed the foregoing,and he acknowledged
before me that he subscribed to these Articles of Amendment to the Articles of Incorporation for the purposes
expressed therein.
IN WITNESS Wi°REOF,i have hereunto set my hand and affixed ray official seal,in the State and
County aforesaid,this, ,t,....day of September 2003
Print NaKe
�y Notary.Public,State of Florida
My Cts�ssion Expires: SEAL
UNDA I* R
[al"Y N�t3C"�3Ir1
S�iOQ�HGl1 Fl.: 8drlF!'k•�•'tt
BOARD OF COUNTY COMMISSIONERS
County of Monroe 5 Mayor George t tt District 2
��' Mayor Pro Tem,Heather Carruthers,District 3
The Fonda Keys � '` Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
Sheryl Graham Mailed Via: USPS Certified
Director, Social Services #7006 3450 0003 7171 5607
Monroe County Social Services
1100 Simonton Street 2-257
Key West, FL 33040
305-292-4510 (phone)
305-295-4359 (fax)
July 17, 2013
Seven Seas Funeral Home, Cemetery and Cremation Services, Inc.
31140 Overseas Highway
Big Pine Key, FL 33043
Dear Seven Seas Funeral Home, Cemetery and Cremation Services, Inc.,
In accordance with the"Agreement for Disposal of Remains" (see attached) dated August 21,
2002, and the"Amendment to Agreement"(see attached) dated February 18, 2004,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,
Auxa��
Sheryl Graham
Director, Social Services
cc: Amy Heavilin, Clerk of Court
Debbie Frederick, Deputy County Administrator
Pedro Mercado,Assistant County Attorney