2. 08/21/2002 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENf CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
September 6, 2002
TO:
Louis Latorre, Director
Social Services Division
Pamela G. Hanc~
Deputy Clerk
FROM:
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 wlo document
County Attorney
Finance
File.,;'
AGREEMENT FOR DISPOSAL OF REMAINS
THIS CONTRACT is entered into this '7.-/~ay of /ftJf.:zU5T ,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 CONSIDERA nON 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, 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 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 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 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 WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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"::-.Aftes.t:' DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COl)NTY, FLORIDA
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Mayor/Chairp~rson
APPROVED AS TO FORM .
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CONTRACTOR
DEAN & SONS FUNERAL HOME
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