Item U2 Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Tuesday, October 15, 2024 4:33 PM
To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: ADD-ON Item U2 10.16.2024 BOCC Meeting
Attachments: U2 10.16.2024 BOCC ADD-ON.pdf
Good afternoon,
Please be advised,we have added item U2 to the 10/16/2024 BOCC Meeting Agenda.
"Approval of Agreement for Disposal of Remains between Allen Funeral Directors LLC, d/b/a Allen-Beyer Funeral Home,
and Monroe County BOCC to create a new agreement that provides for a term of one(1)year commencing upon full
execution, with the option to renew for four(4)additional one(1)-year extensions."
Agenda item summary and back-up are attached for your convenience.
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U2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
October 16, 2024
Agenda Item Number: U2
2023-3187
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING:
Approval of Agreement for Disposal of Remains between Allen Funeral Directors LLC, d/b/a Allen-
Beyer Funeral Home, and Monroe County BOCC to create a new agreement that provides for a term of
one (1)year commencing upon full execution, with the option to renew for four(4) additional one (1)-
year extensions.
ITEM BACKGROUND:
Three (3) local funeral homes throughout Monroe County currently provide cremation and/or burial
services for the County. This is a new agreement between Monroe County BOCC and Allen Funeral
Directors LLC, d/b/a Allen-Beyer Funeral Home, for a contract period of one (1)year, with four(4)
optional extension terms. This amendment represents a $300 rate increase per person from $1200 to
$1500 and is the first rate increase in eleven(11)years. The history of the rate increases is as follows:
Prior to 2001, the rate was $450.00. That was the established rate for more than 20 years. On
2/21/2001, the rate increased to $900.00 and remained at that level for 12.5 years until it was raised to
$1200.00 on 10/16/2013.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved Amendment#6 on 11/08/2023
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
New 1-yr Agreement(4 optional 1-year extensions)
1
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Agreement w. Allen Beyer Funeral Home for Disposal of Remains-2024-2025(optional extensions).pdf
09172014 Agreement ABFH.pdf
Disposal of Remains Allen Beyer Amendment 7 FINAL 10 15 2024.docx
FINANCIAL IMPACT:
Need $7,800 extra added to Social Services cost center to cover this increase.
26 X $300 = $7,800
2
AGREEMENT
between
MONROE COUNTY,FL
and
ALLEN FUNERAL DIRECTORS LLC
d/b/a ALLEN-BEYER FUNERAL HOME
for
Disposal of Remains
THIS AGREEMENT is made and entered into this day of , 202 ,
by and between the Monroe County, Florida, a political subdivision of the State of Florida, with
principal offices located at 1100 Simonton Street, Key West, FL 33040 (the "County") and Allen
Funeral Directors LLC, d/b/a Allen-Beyer Funeral Home, a Florida Limited Liability Company
with principal offices located at 101640 Overseas Highway, Key Largo, FL 33037 (the
"Contractor") to provide disposal of remains and associated services.
WHEREAS, funeral homes throughout the County provide storage refrigerated facilities,
and occasionally provide for disposal of remains at County's cost; and
WHEREAS, Allen-Beyer Funeral Home is willing and able to provide for disposal of
remains services for the County; and
WHEREAS, the County desires to contract with Allen-Beyer Funeral Home for disposal
of remains services under certain terms and conditions, as hereinafter stated.
Now therefore,in exchange for good and sufficient consideration, the parties hereby agree
to the following terms and conditions:
1) The Work/Services
The Contractor must perform all work for the County required by this Agreement, and as
set forth below:
a) Contractor shall provide at Contractor's place of business refrigerated storage of
deceased individuals transferred to their possession and disposal services as
described herein.
b) 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 cremation or burial are not covered
by this Agreement. If the County has determined that there was no indigency,but
the funeral home processes through a court of competent jurisdiction a request for
disposal of assets without administration and,as a result,is paid the full amount of
known assets,which is less than$1,500.00,the County shall reimburse the funeral
home the difference between $1,500.00 and the amount received through the
relevant court proceeding. Court costs may be reimbursed at the discretion of the
County Administrator, or designee. No funeral service shall be authorized by
County for any deceased individual processed under this Agreement.
c) Contractor shall provide to County an original accurate Death Certificate prior to
payment for services. Disposal may be by cremation or delivery of casket to the
Key West Cemetery, or other cemetery designated by the County, for vault
interment. Cremation services include: the statutorily required approval by the
Monroe County Medical Examiner for cremation, and disposal of remains,
including placement in a temporary container, unless otherwise directed by the
Page 1 of 15
3
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,
if applicable,under Section 406.52, F.S. to dispose.
d) Contractor must supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. Contractor
must comply with all OSHA safety rules and regulations in the operation of
equipment and in the performance of the work.
e) Contractor must comply with any and all Federal, State, and local laws and
regulations now in effect,or hereinafter enacted during the term of this Agreement,
which are applicable to the Contractor,its employees, agents or subcontractors,if
any, with respect to the work and services described herein. Contractor shall
maintain throughout the term of this Agreement, appropriate licenses and
insurance as required for the operation of a funeral home. In addition, Contractor
shall obtain burial transit permits and any other legally required permits for
disposal or cremation of, or transfer of, a deceased individual. Proof of any such
license(s) shall be provided to the County upon request.
f) Contractor agrees to complete such forms as County deems necessary in
furtherance of its ordinances and policies, and any relevant state- and/or federal-
mandates. The forms may include,but are not limited to: Certification Regarding
Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Federally Funded Transactions, etc.
2) Costs
County shall pay Contractor for each "unclaimed" or indigent body processed either
through cremation or for interment, in the amount of$1,500.00. In the event the County
has received only partial remains or the remains of an infant(or under the age of three (3)
years old), County shall pay $900.00. This cost shall encompass burials of identified
bodies, and all other services necessary for the disposal for remains by cremation or
interment,including but not limited to removal and transfer of remains to funeral home,to
crematory,to cemetery,or to Monroe County Social Services Department. Specifically for
unidentified bodies or remains,or bodies that need to be buried for medical,forensic,legal,
or other reasons, additional costs of up to $800.00 may need to be added for a Ziegler
casket.The County will be responsible for transfer of cremated remains to family members
or others as appropriate and shall ensure the most economical and secure delivery service
possible in each set of circumstances.
a) County is exempt from payment of Florida State Sales and Use taxes. Contractor
shall not be exempted by virtue of the County's exemption from paying sales tax
to its suppliers for materials used to fulfill its obligations under this contract, nor
is Contractor authorized to use the County's Tax Exemption Number in securing
such materials. Contractor shall be responsible for any and all taxes, or payments
of withholding,related to services rendered under this Agreement.
b) Contractor shall submit, in arrears, invoices to County with supporting
documentation acceptable to the Monroe County Office of Clerk and Comptroller
(County Clerk). Acceptability to the County Clerk is based upon generally
accepted accounting principles and such laws,rules and regulations as may govern
the disbursal of funds by the County Clerk.
c) The contract amount agreed to herein may be adjusted annually, on the renewal
date of each contract year,by a percentage equal to the percentage increase in the
CPI for urban consumers for the preceding calendar year.
Page 2 of 15
4
3) Agreement Subject to Funding
The County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn,this Agreement is terminated,
and the County has no further obligation under the terms of this Agreement to the
Contractor beyond that already incurred by the termination date.
4) Contract Term
The initial contract period is for one (1) year commencing on the date written on the first
page of this Agreement.The term of this Agreement may be extended by mutual agreement
for four(4)one (I)-year extension terms. Consensus of the parties to exercise an extension
may be done administratively prior the current term's expiration date, and must be done in
writing.
5) Contract Extension Beyond the Term
In the event services are scheduled to end because of the expiration of this contract, the
Contractor must continue the service upon the request of the County Administrator. The
extension period will not extend for more than ninety(90)days beyond the expiration date
of the existing contract. The Contractor will be compensated for the service at the rate(s)
in effect when the County invokes this extension clause.
6) Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties.
It is the intent of the Parties that the Contractor is an independent contractor under this
Agreement and not the County's employee for any purposes,including but not limited to,
the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Contractor will retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement will be those of Contractor, which
policies of Contractor will not conflict with County, State, or United States policies, rules
or regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the County, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement must
not be construed as creating any joint employment relationship between the Contractor and
the County and the County will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
7) Assignment and Subcontracting
Contractor must not transfer or assign the performance required by this Agreement without
the prior written consent of the Board of County Commissioners. This Agreement, or any
portion thereof,must not be subcontracted without the prior written consent of the County
nor may the Contractor assign any monies due or to become due to him or her,without the
previous written consent.
8) Termination
In the event that the Contractor is found to be negligent in any aspect of service,the County
shall have the right to terminate this Agreement after seven (7) days' written notification
Page 3 of 15
5
to the Contractor.
a) Termination for Cause and Remedies: In the event of breach of any contract terms,
the County retains the right to terminate this Agreement. The County may also
terminate this Agreement for cause with Contractor should Contractor fail to
perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination,prior to termination, the County shall
provide Contractor with seven (7) calendar days' written notice and provide the
Contractor with an opportunity to cure the breach that has occurred. If the breach
is not cured,the Agreement will be terminated for cause. If the County terminates
this Agreement with the Contractor, County shall pay Contractor the sum due the
Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however,
the County reserves the right to assert and seek an offset for damages caused by
the breach. The maximum amount due to Contractor shall not in any event exceed
the spending cap in this Agreement. In addition, the County reserves all rights
available to recuperate monies paid under this Agreement, including the right to
sue for breach of contract and including the right to pursue a claim for violation of
the County's False Claims Ordinance,located at Section 2-721 et al.of the Monroe
County Code.
b) Termination for Convenience: The County may terminate this Agreement for
convenience, at any time,upon ninety(90) days' written notice to Contractor. If
the County terminates this Agreement with the Contractor, County shall pay
Contractor the sum due as of the appointed termination date, unless the cost of
completion of the remaining work under the Agreement exceeds the funds
remaining in the contract. The maximum amount due to Contractor shall not
exceed the spending cap in this Agreement.
9) Indemnification &Hold Harmless
a) The parties agree that one percent (1%) of the total compensation paid to
Contractor for the work or services under this Agreement constitutes specific
consideration to Contractor for the indemnification to be provided under the
Agreement. Notwithstanding any minimum insurance requirements prescribed
elsewhere in this Agreement,the Contractor shall defend,indemnify, and hold the
County, and the County's elected and appointed officers and employees,harmless
from and against any claims, actions or causes of action, any litigation,
administrative proceedings,appellate proceedings,or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business
interruption, and any costs or expenses that may be asserted against,initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection
with: (A)any activity of the Contractor or any of its employees,agents,contractors
or other invitees during the term of this Agreement; (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of the Contractor or any of its employees,agents,sub-contractors or other
invitees; or(C) the Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation,proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than the Contractor). The
monetary limitation of liability under this Agreement shall be equal to the dollar
value of the contract and not less than $1 million per occurrence pursuant to
Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the
Page 4 of 15
6
insurance requirements included in the "Insurance Requirements," provisions
herein.
b) In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor's failure to purchase or maintain
the required insurance,the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the drawings and
other specifications provided by the Contractor,the Contractor agrees and warrants
that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the
County's behalf.
c) Nothing contained herein is intended, nor may it be construed, to waive County's
rights and immunities under the common law or Section 768.28, Florida Statutes,
as amended from time to time; nor will anything included herein be construed as
consent to be sued by any third parties in any matter arising out of this Agreement.
To the extent considered necessary by the County, any sums due Contractor under
this Agreement may be retained by the County until all of the County's claims
subject to this indemnification obligation have been settled or otherwise resolved,
and any amount withheld is not subject to payment of interest by the County.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
10) Discriminatory Vendor List
Contractor hereby acknowledges its continuous duty to disclose to the County if the
Contractor or any of its affiliates,as defined by Section 287.134(1)(a),Florida Statutes,are
placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida
Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity;may not submit a bid,proposal,or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a 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."
11) County Suspended Vendor List
The eligibility of persons to bid for an award of County contract(s),or enter into a contract,
may be suspended pursuant to sec. 2-347(l) of the Monroe County Code of Ordinances.In
the event an eligible person is suspended by the County after the contract is awarded, or a
suspended person is employed to perform work (e.g. subcontractor in a bid or contract)
pursuant to a County contract, same shall constitute a material breach of the contract. The
County, in its sole discretion, may terminate the contract with no further liability to the
contractor beyond payment of the portion of the contract price that may be due for work
satisfactorily completed up to the date of termination, and hereby reserves all other rights
and remedies available at law or in equity.
12) Prohibition on Conflict of Interest, Gratuities,Kickbacks, and Collusion
The statements contained in this paragraph are true and correct, and made with the full
knowledge that Monroe County relies upon the truth of the statements contained herein in
awarding the contract for this Project.
Page 5of15
7
a) Conflict of Interest.Contractor covenants that it presently has no interest and will not
acquire any interest that would conflict in any manner or degree with the performance
of services required. Each party hereto covenants that there is no conflict of interest or
any other prohibited relationship between the County and itself.
b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give
any Monroe County employee a gratuity, favor, or anything of monetary value in
connection with any decision, approval, disapproval,recommendation,preparation of
any part of the Project or award of this contract.
c) Kickbacks. Contractor certifies that it has not given payment, gratuity, or offer of
employment to be made by or on behalf of a Sub-contractor under a contract to
Contractor or higher tier sub-contractor or any person associated therewith, as an
inducement of the award of a subcontract or order.
d) Non-Collusion Statement. By signing this Agreement, Contractor certifies under
penalty of perjury that the price proposed by Contractor was arrived at independently
without collusion, consultation, or communication for the purpose of restricting
competition;and no attempt has been made to induce another person or entity to submit
a proposal,or not submit,for the purpose of restricting competition in the award of this
Project.
e) Contract Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and
collusion prescribed in this paragraph must be conspicuously set forth in every contract
and subcontract and solicitation initiated by Contractor in its performance of this
Agreement.
13) Ethics Clause pursuant to Monroe County Ordinance No. 010-1990
By signing this Agreement, the Contractor warrants that he/she/it has not employed,
retained or otherwise had act on his/her/its behalf any former County officer or employee
in violation of Section 2-149, Monroe County Code of Ordinances, or any County officer
or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 Agreement 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 pursuant to Subsection
2-152(b),Monroe County Code of Ordinances.
14) Prompt Disclosure of Litigation,Investigations,Arbitration, or Admin.Proceedings
Throughout the term of this Agreement, the Contractor has a continuing duty to promptly
disclose to the County, in writing, upon occurrence, all civil or criminal litigation,
investigations, arbitration, or administrative proceedings relating to or affecting
Contractor's ability to perform under this Agreement. If the existence of such causes the
County concern that the Contractor's ability or willingness to perform the Agreement is
jeopardized, the Contractor may be required to provide the County with reasonable
assurances to demonstrate its ability to perform as required hereunder, and that its
employees/agents have not or will not engage in conduct similar in nature to the conduct
alleged in such proceeding.
15) Notice
All written correspondence to the County shall be dated and signed by an authorized
representative of the Contractor. Any written notices or correspondence required or
contemplated under this Agreement shall be sent by U.S. Mail, certified, return receipt
requested,postage pre-paid,or by courier with proof of delivery.Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Page 6 of 15
8
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice
shall be sent to the following persons:
FOR COUNTY: FOR CONTRACTOR:
County Administrator
Monroe County
1100 Simonton Street, Room 2-205
Key West, FL 33040 Email:
And(with copy to)
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
16) Choice of Law and Venue
The parties hereby agree that the only laws that apply to this Agreement are those of the
State of Florida and United States of America. The parties waive the privilege of venue
and agree that all litigation between them in the state courts will take place exclusively in
the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation
between them in the federal courts will take place exclusively in the United States District
Court in and for the Southern District of Florida,or United States Bankruptcy Court for the
Southern District of Florida,whenever applicable.
17) WAIVER OF JURY TRIAL & MANDATORY PRE-SUIT MEDIATION
BY ENTERING INTO THIS CONTRACT, EACH OF CONTRACTOR AND THE
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO
A TRIAL BY JURY RELATED TO THIS CONTRACT. IF A PARTY FAILS TO
WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT
OF THIS CONTRACT OR SOLICITATION AFTER WRITTEN NOTICE BY THE
OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING
THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE
ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE
REQUEST FOR JURY TRIAL,AND SUCH AMOUNTS MUST BE AWARDED BY
THE COURT IN ADJUDICATING THE MOTION. 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. MEDIATION PROCEEDINGS
INITIATED AND CONDUCTED PURSUANT TO THIS AGREEMENT SHALL
BE IN ACCORDANCE WITH THE FLORIDA RULES OF CIVIL PROCEDURE
AND USUAL AND CUSTOMARY PROCEDURES REQUIRED BY THE CIRCUIT
COURT OF MONROE COUNTY.
18) Attorney's Fees and Costs
County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs,investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, at all levels of the court system, including in appellate
proceedings.
Page 7 of 15
9
19) Cooperation in Claims for Federal or State Aid& In General
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications,requests,grant proposals,and funding solicitations shall be approved by each
party prior to submission. 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. No covenant or agreement
contained herein shall be deemed to be a covenant or agreement of any member, officer,
agent, or employee of Monroe County in his or her individual capacity, and no member,
officer, agent,or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
20) Public Records
County is a public agency subject to Chapter 119, Florida Statutes, as amended from time
to time. To the extent Contractor is a Contractor acting on behalf of the County pursuant
to Section 119.0701, Florida Statutes, as amended from time to time, Contractor must
comply with all public records laws in accordance with Chapter 119, Florida Statutes. In
accordance with state law, Contractor agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required by
the County in order to perform the services.
b) Upon request from the County's custodian of public records, provide the County
with a copy of the requested records or allow the records to be inspected or copies
within a reasonable time at a cost that does not exceed the costs provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
C) Ensure that public records that are exempt,or confidential and exempt,from public
records disclosure are not disclosed except as authorized by law for the duration
of the Agreement term and following completion of the Agreement if the
Contractor does not transfer the records to the County.
d) Upon completion of the services within this Agreement, at no cost, either transfer
to the County all public records in possession of the Contractor or keep and
maintain public records required by the County to perform the services. If the
Contractor transfers all public records to the County upon completion of the
services,the Contractor must destroy any duplicate public records that are exempt,
or confidential and exempt, from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the services,
the Contractor must meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request
from the County's custodian of public records,in a format that is compatible with
the information technology systems of the County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT
Page 8 of 15
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PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040.
If Contractor does not comply with this section, the County will enforce the Agreement
provisions in accordance herewith and may unilaterally cancel this Agreement in
accordance with state law.
21) Audit Rights
The Contractor must maintain accurate books,records,documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement, in accordance with generally accepted accounting
principles. County reserves the right to audit the records of the Contractor for the
commodities and/or services provided under the contract at any time during the
performance and term of the contract and for a period of five (5) State of Florida fiscal
years after completion and acceptance of the Work by the County. Such records must be
retained by Contractor for a minimum of five (5) State of Florda fiscal years following the
close of the Agreement, or the period required for this particular type of project by the
General Records Schedules maintained by the Department of State, whichever is longer.
The Contractor agrees to cooperate with the County, and if relevant, the State Inspector
General pursuant to Section 20.055(5), as amended,in any investigation and facilitate the
duplication and transfer of such records upon the County's request. Contractor agrees to
submit to an audit as required by the County, Florida Fish and Wildlife Conversation
Commission,the Chief Financial Officer of the State of Florida,the Auditor General of the
State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability,or other authorized representative(s)of the State of Florida.The Contractor
must allow the County or such other auditing agency to have access to and inspect the
complete records of the Contractor in relation to this Agreement at any and all times during
normal business hours for the purposes of conducting audits or examinations or making
excerpts or transcriptions. Such requirements will survive the termination of this
Agreement.
22) No Third Party Beneficiaries
Neither Contractor nor County intends to directly or substantially benefit a third party by
this Agreement. Therefore, the Parties acknowledge that there are no third-party
beneficiaries to this Agreement and that no third party is or will be entitled to assert a right
or claim against either of them based upon this Agreement.
23) Uncontrollable Circumstances ("Force Majeure")
As used herein,"Force Majeure"means the occurrence of any event that prevents or delays
the performance by either party of its obligations hereunder which are beyond the
reasonable control of the non-performing party. Examples of"Force Majeure"include,but
are not limited to, acts of God, natural disasters, or emergency governmental action. To
invoke this paragraph, immediate written notice, consistent with the "Notice"provisions
of this Agreement,must be sent by the non-performing party describing the circumstances
constituting force maj eure and proof that the non-performance or delay of performance is
a direct and reasonable result of such event(s). Any claim for extension of time by
Contractor pursuant to this paragraph will be made not more than Seventy-two (72) hours
after the commencement of the delay. Otherwise,it shall be waived. The Contractor shall
immediately report the termination of the cause for the delay within seventy-two(72)hours
Page 9 of 15
11
after such termination. The County reserves its right to challenge the invocation by the
Contractor within five(5)calendar days of receipt of said notice,in such case uninterrupted
performance in required. However, in the event the invocation is accepted by the County,
the Contractor must take all reasonable measures to mitigate any and all resulting damages,
costs, delays, or disruptions to the Contractor's performance requirements under this
Agreement. All obligations must resume when the circumstances of such event(s) have
subsided, or other arrangements are made pursuant to a written amendment to this
Agreement.
24) Conditions for Emergency/Hurricane or Disaster
It is hereby made a part of this agreement that before,during and after a public emergency,
disaster, hurricane, flood,pandemic or other substantial loss that the Monroe County will
require a"first priority"basis for goods and services. It is vital and imperative that the
majority of citizens are protected from any emergency situation which threatens public
safety and health, as determined by the County Administrator. Contractor agrees to
perform services for the County or other governmental entities, as opposed to a private
citizen or corporation, on a first priority basis. The County expects to pay a fair and
reasonable price for all products/services in the event of a disaster,pandemic, emergency
or hurricane. Contractor must furnish a twenty-four (24) hour telephone number in the
event of such an emergency.
25) Public Entity Crimes Statement
Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time,
Contractor hereby certifies that neither it nor its affiliate(s) have been placed on the
convicted vendor list following a conviction for a public entity crime.If placed on that list,
Contractor agrees: to immediately notify the County and is prohibited from providing any
goods or services to a public entity; it may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; it may not submit
bids on leases of real property to a public entity; it may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and, it may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category TWO ($35,000), as
may be amended, for a period of thirty-six (36) months from the date of being placed on
the convicted vendor list.
26) Foreign Gifts and Contracts
The Contractor must comply with any applicable disclosure requirements in Section
286.101,Florida Statutes.Pursuant to Section 286.101(7)(b),Florida Statutes: "In addition
to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a
third or subsequent violation by an entity other than a state agency or political subdivision
must automatically disqualify the entity from eligibility for any grant or contract funded
by a state agency or any political subdivision until such ineligibility is lifted by the
Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for
good cause."
27) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, &
287.138,Florida Statutes
Contractor hereby certifies that it: a) has not been placed on the Scrutinized Companies
that Boycott Israel List,nor is engaged in a boycott of Israel;b)has not been placed on the
Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with
Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector
Page 10 of 15
12
List); and c) has not been engaged in business operations in Cuba or Syria. If County
determines that Contractor has falsely certified facts under this paragraph, or if Contractor
is found to have been placed on a list created pursuant to Section 215.473,Florida Statutes,
as amended, or is engaged in a boycott of Israel after the execution of this Agreement,
County will have all rights and remedies to terminate this Agreement consistent with
Section 287.135, Florida Statutes, as amended. The County reserves all rights to waive
certain requirements of this paragraph on a case-by-case exception basis pursuant to
Section 287.135, Florida Statutes, as amended. Beginning January 1, 2024, the County
must not enter into a contract that grants access to an individual's personal identifying
information to any Foreign Country of Concern such as: People's Republic of China, the
Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of
Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian
Arab Republic, unless the Contractor provides the County with an affidavit signed by an
authorized representative of the Contractor, under penalty of perjury, attesting that the
Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of Section 287.138,
Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not
extend or renew any contract that grants access to an individual's personal identifying
information unless the Contractor provides the County with an affidavit signed by an
authorized representative of the Contractor, under penalty of perjury, attesting that the
Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of Section 287.138,
Florida Statutes, as may be amended. Violations of this Section will result in termination
of this Agreement and may result in administrative sanctions and penalties by the Office
of the Attorney General of the State of Florida.
ALLEN FUNERAL DIRECTORS LLC d/b/a ALLEN-BEYER FUNERAL HOME
is not owned by the government of a Foreign Country of Concern, is not organized under
the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and
the government of a Foreign Country of Concern does not have a Controlling Interest in
the entity.
Under penalties of perjury, I declare that I have read the foregoing statement and that the
facts stated in it are true.
Printed Name:
Title:
Signature: Date:
28) Noncoercive Conduct for Labor or Services
As a nongovernmental entity submitting a proposal, executing, renewing, or extending a
contract with a government entity, Contractor is required to provide an affidavit under
penalty of perjury attesting that Contractor does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes. As an authorized representative of
Contractor, I certify under penalties of perjury that Contractor does not use coercion for
labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed
Section 787.06, Florida Statutes, and agrees to abide by same.
29) Nondiscrimination Covenant
The Contractor and County agree that there will be no discrimination against any person,
Page 11 of 15
13
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.
Contractor agrees 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
VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color, religion, sex or national origin; 2) Title IX of the
Education Amendment of 1972, 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 s. 794), which prohibits discrimination on the basis of
disability; 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 patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 3601 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 s. 12101 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) The Pregnant Workers Fairness Act(PWFA)pursuant to 42 U.S.C. 2000gg et
seq.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to,or the subject matter of, this Agreement.
30) E-Verify Requirements
Effective January 1, 2021, public and private employers, contractors and subcontractors
must require registration with, and use of the E-verify system in order to verify the work
authorization status of all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System to verify the
employment eligibility of-
a) All persons employed by Contractor to perform employment duties within Florida
during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the County. The
Contractor acknowledges and agrees that use of the U.S.Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the
contract with the County.
By entering into this Agreement, the Contractor becomes obligated to comply with the
provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended
from time to time. This includes,but is not limited to,utilization of the E-Verify System to
verify the work authorization status of all newly hired employees, and requiring all
subcontractors to provide an affidavit to Contractor attesting that the subcontractor does
not employ, contract with,or subcontract with, an unauthorized alien. Contractor agrees to
maintain a copy of such affidavit for the duration of this Agreement. Failure to comply
with this paragraph will result in the termination of this Agreement as provided in Section
448.095, Florida Statutes, as amended, and Contractor may not be awarded a public
contract for at least one (1) year after the date on which the Agreement was terminated.
Page 12 of 15
14
Contractor will also be liable for any additional costs to County incurred as a result of the
termination of this Agreement in accordance with this Section. Upon executing this
Agreement, Contractor will provide proof of enrollment in E-verify to the County.
31) Antitrust Violations; Denial or Revocation under Section 287.137,Florida Statutes
Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate
who has been placed on the antitrust violator vendor list (electronically published and
updated quarterly by the State of Florida)following a conviction or being held civilly liable
for an antitrust violation may not submit a bid, proposal, or reply for any new contract to
provide any goods or services to a public entity; may not submit a bid,proposal, or reply
for a new contract with a public entity for the construction or repair of a public building or
public work; may not submit a bid,proposal, or reply on new leases of real property to a
public entity;may not be awarded or perform work as a contractor,supplier, subcontractor,
or consultant under a new contract with a public entity; and may not transact new business
with a public entity. By entering this Agreement, Contractor certifies neither it nor its
affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement.
False certification under this paragraph or being subsequently added to that list will result
in termination of this Agreement, at the option of the County consistent with Section
287.137,Florida Statutes, as amended.
32) Environmental and Social Government and Corporate Activism
Pursuant to Section 287.05701, Florida Statutes, as may be amended, the County cannot
give preference to a contractor based on social,political or ideological interests as defined
in the statute. Contractor is also prohibited from giving preference to any of its
subcontractors based on the above referenced factors.Violations of this Section will result
in termination of this Agreement and may result in administrative sanctions and penalties
by the Office of the Attorney General of the State of Florida.
33) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the County,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and authorized designees of the County.
34) Interpretation
The titles and headings contained in this Agreement are for reference purposes only and
will not in any way affect the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement include the other gender, and the singular includes the
plural, and vice versa,unless the context otherwise requires. Terms such as "herein"refer
to this Agreement as a whole and not to any particular sentence, paragraph, or section
where they appear, unless the context otherwise requires. Whenever reference is made to
a section or article of this Agreement, such reference is to the section or article as a whole,
including all subsections thereof,unless the reference is made to a particular subsection or
subparagraph of such section or article. Any reference to "days" means calendar days,
unless otherwise expressly stated.
35) Joint Preparation
It is acknowledged that each party to this Agreement had the opportunity to be represented
by counsel in the preparation of this Agreement and accordingly the rule that a contract
will be interpreted strictly against the party preparing same does not apply herein due to
the joint contributions of both parties.
Page 13 of 15
15
36) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
will, as to that jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction.The non-enforcement
of any provision by either party will not constitute a waiver of that provision nor will it
affect the enforceability of that provision or of the remainder of this Agreement.
37) Signatory Authority
Upon request, the Contractor must provide the County with copies of requisite
documentation evidencing that the signatory for Contractor has the authority to enter into
this Agreement.
38) Counterparts and Multiple Originals.
This Agreement may be executed in multiple originals, and may be executed in
counterparts, each of which is hereby deemed to be an original, but all of which, taken
together, constitutes one and the same agreement.
IN WITNESS WHEREOF, County and Contractor have executed this Agreement as of
the date first written above.
CONTRACTOR: ALLEN FUNERAL DIRECTORS LLC
d/b/a ALLEN-BEYER FUNERAL HOME
By:
Signature
Print Name & Title
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to/affirmed and acknowledged before me by
means of❑physical presence or❑ online notarization, this day of , 20 ,by
Anthony W. Allen,Manager of ALLEN FUNERAL DIRECTORS LLC d/b/a ALLEN-BEYER
FUNERAL HOME, a Florida Limited Liability Company. He/She is personally known to me/or
has produced (type of identification) as identification.
Signature of Notary Public
(Print& Stamp Commissioned Name of Notary Public)
[County Signatures to follow]
Page 14 of 15
16
AGREEMENT between
MONROE COUNTY,FL &
ALLEN FUNERAL DIRECTORS LLC d/b/a ALLEN-BEYER FUNERAL HOME
for Disposal of Remains
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA:
By:
Mayor Holly Merrill Raschein
(Seal)
Attest: Kevin Madok, Clerk
As Deputy Clerk
Approved as to legal form & sufficiency:
Assistant County Attorney
Page 15 of 15
17
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MIN COUNTY,RAIM
f
DATE: August 8, 2014
TO: Sheryl Graham, Director
Social Services Department
ATTN: Lourdes Francis
FROM: Lindsey Ballard, D.C&_
At the September 17, 2014, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following Items:
` /Item C9 Agreement for Disposal of Remains between Allen-Beyer Funeral Home and Monroe
V County Board of County Commissioners, Monroe County Social Services for the contract period of
10/16/2014 through 10/15/2015.
Item CIO Agreement for Disposal of Remains between Dean-Lopez Funeral Home and Monroe
County Board of County Commissioners, Monroe County Social Services for the contract period of
10/16/2014 through 10/15/2015.
Item C11 Agreement for Disposal of Remains between Castillo & Thurston's Key West Mortuary
and Monroe County Board of County Commissioners, Monroe County Social Services for the contract
period of 10/16/2014 through 10/15/2015.
Item C14 Amendment #001 to the Alzheimer's Disease Initiative Program (ADI) Contract
#KZ1497 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County
Commissioners (Monroe County Social Services/In Home Services) for the contract period of 7/1/14 to
6/30/15.
Enclosed are three (3) duplicate originals executed on behalf of Monroe County,for your
handling. Please be sure to return two fully executed duplicate originals as soon as possible. Should
you have any questions,please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax.305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.305-852-7146
18
1
AGREEMENT FOR DISPOSAL OF REMAINS
ALLEN FUNERAL DIRECTORS, LLC
MONROE COUNTY
THIS CONTRACT is made and entered into this 171" day of September, 2014,
by and between Monroe County, a political subdivision of the State of Florida, whose
address is The Historic Gato Building, 1100 Simonton Street, Suite 2-257, Key West,
Florida 33040 (hereafter, "County"), and Allen Funeral Directors, LLC., d/b/a Allen-
Beyer Funeral Home, a Florida business whose address is Post Office Box 373000,
Key Largo, Florida 33037 (hereafter "Contractor").
WHEREAS, funeral homes throughout the County provide storage refrigerated
facilities, and occasionally provide for disposal of remains at County's cost; and
WHEREAS, Allen-Beyer Funeral Home is willing and able to provide for
disposal of remains services for the County; and
WHEREAS, the County desires to contract with Allen-Beyer Funeral Home
for disposal of remains 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 one (1) year beginning October
16, 2014 and terminating on October 15, 2015.
2. SCOPE OF SERVICES. Contractor shall provide at Contractor's place
of business refrigerated storage of deceased individuals 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 vault
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, if applicable, under Section 406.52, 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 or cremation of, or transfer of, a deceased
individual.
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/ t
4. COSTS.
(a) County shall pay Contractor for each "unclaimed" or indigent body
processed either through cremation or for interment, in the amount of$1,200.00. In
the event the County has received only partial remains or the remains of an infant,
County shall pay $600.00. 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, to cemetery, or to Monroe County Social Services office. The
County will be responsible for transfer of cremated remains to family members or
others as appropriate and shall ensure the most economical and secure delivery
service possible in each set of circumstances.
(b) County shall pay in accordance with the Florida Local Government
Prompt Payment Act; payment will be made by submission of invoice by Contractor.
(c) Contractor shall submit, in arrears, invoices to County with supporting
documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds.
(d) The contract amount agreed to herein may be adjusted annually, on the
renewal date of each year, by a percentage equal to the percentage increase in the CPI
for urban consumers for the preceding calendar year.
5. LIMITATION OF SERVICES.
(a) 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 cremation or burial 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 $1,200, the County shall reimburse the funeral home the difference
between $1,200 and the amount received through the court proceeding. Court costs
may be reimbursed at the discretion of the Director of Social Services.
(b) No funeral service shall be authorized by County for any deceased
individual processed under this agreement.
6. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, Contractor
shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
20
appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or
in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
willful misconduct of Contractor or any of its employees, agents, sub-contractors or
other invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Contractor's, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). Additionally, Contractor shall not be
liable for those errors or 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. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
7. BOOKS, RECORDS and DOCUMENTS. 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 the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that monies
paid to 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 Sec. 55.03; FS, running from the date the monies were paid to Contractor.
8. GOVERNING LAW,VENUE, and INTERPRETATION.
(a) 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.
(b) 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.
(c) 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
21
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding.
9. 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.
10. ATTORNEY'S FEES and COSTS. The County and Contractor agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
11. BINDING EFFECT. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Contractor and their
respective legal representatives, successors, and assigns.
12. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery, and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
13. CLAIMS FOR FEDERAL or STATE AID. Contractor and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds
to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
14. ADJUDICATION of DISPUTES or DISAGREEMENTS. County and
Contractor agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If
the issue or issues are still not resolved to the satisfaction of the parties, then any party
22
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
15. NOTICE REQUIREMENT. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other
party by certified mail,returned receipt requested, to the following:
For County: For Contractor:
Director of Social Services Allen-Beyer Funeral Home
Sheryl Graham Post Office Box 373000
1100 Simonton St. Suite 2-256 Key Largo, Florida 33037
Key West, Florida 33040
And
Monroe County Attorney's Office
1111 121h St. Suite 408
Key West, Fl. 33040
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. NONDISCRIMINATION. Contractor agrees 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. Contractor agrees 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, 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 s. 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,
23
F
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 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 s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
18. 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 that the only
interest of each is to perform and receive benefits as recited in this Agreement.
19. CODE of ETHICS. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
20. NO SOLICITATION/PAYMENT. The County and Contractor warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission,percentage, gift, or consideration.
21. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, Contractor and
its subcontractors shall comply with all public records laws of the State of Florida,
including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by Monroe County in the performance of this
Agreement.
(b) Provide the public with access to public records on the same terms
and conditions that Monroe County would provide the records and at a
cost that does not exceed the cost provided in Florida Statutes, Chapter
119 or as otherwise provided by law.
24
r �
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to Monroe County all public records in possession of the contractor
upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided
to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
22. NON-WAIVER of IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, 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.
23. 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.
24. 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.
25. 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
25
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.
26. NO PERSONAL LIABILITY. No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent, or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent, or employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
27. EXECUTION in COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
28. 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.
29. FEDERAL, STATE and LOCAL LAW. The Contractor shall comply
with all federal, state, county and local laws, ordinances, rules and regulations now and
hereafter in force which may be applicable to the operation of its business.
30. MUTUAL REVIEW. This agreement has been carefully reviewed by
Contractor and the County, therefore this agreement is not to be construed against either
party on the basis of authorship.
31. 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.
26
32. 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. 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.
33. 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.
34. ASSIGNMENT. The Contractor may not assign this Contract, or subcontract
the work,without the prior written approval of the County.
IN WITNESS WHEROF, County and Contractor have executed this Agreement as of the
rst written above.
P
1
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s BOARD OF COUNTY COMMISSIONERS
'
Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By: By:
eputy Clerk Mayor/ airrjlG
Date:-SLPrfWY ,-W (T*', 2214 Date: s�p�m� ���'•yc��f
CONTRACTOR
ByfJac
M OE COUN EY
�OVED A T ueline Allen and Anthony Allen
u�
PEDR
.,� CO N ' A.T RPlEY Ti1^ �-
Date 2-7 /y Date: 8�''4-(o —ao1 Ll
27
71h AMENDMENT TO AGREEMENT FOR DISPOSAL OF REMAINS
ALLEN FUNERAL DIRECTORS, LLC., d/b/a ALLEN-BEYER FUNERAL HOME
MONROE COUNTY
THIS 71h AMENDMENT to Agreement for Disposal of Remains is made and entered
into this 16'h day of October, 2024, by and between Monroe County, a political subdivision of
the State of Florida, whose address is The Historic Gato Building, 1100 Simonton Street, Suite
2-257, Key West, Florida 33040 (hereafter, "County"), and Allen Funeral Directors, LLC.,
d/b/a Allen-Beyer Funeral Home, a Florida business whose address is Post Office Box 373000,
Key Largo, Florida 33037 (hereafter "Contractor").
WHEREAS, on the 17'h of September 2014 the County and the Contractor entered into
an Agreement for disposal of remains (hereafter "Original Agreement"); and
WHEREAS, Allen-Beyer Funeral Home is willing and able to provide for disposal of
remains and perform related services; and
WHEREAS, the parties have found the original agreement to be mutually beneficial
now therefore,
IN CONSIDERATION of the following mutual promises and benefits, the parties agree
as follows:
Section 1. Paragraph 1 of the Original Agreement is amended to read as follows:
1. TERM. The term of this Amendment is two years beginning October 16,
2024, and terminating on October 15, 2026.
2. COST. The County shall pay Contractor for each unclaimed or indigent
body processed either through cremation or for interment, the amount of $1500.00. In
the event the County has received only partial remains or the remains of an infant,under
the age of 3 years old, the County shall pay $900.00. This cost shall encompass
cremations of identified bodies and all other services necessary for the disposal for
remains by cremation or interment, including but not limited to removal and transfer of
remains to funeral home, to crematory, to cemetery, or to Monroe County Social
Services offices. The Social Services office will be responsible for transfer of cremated
remains to family members or others as appropriate and shall ensure the most
economical and secure delivery service possible in each circumstance. For unidentified
bodies or remains, or bodies that need to be buried for medical, forensic, legal, or other
reasons, additional costs of up to $800.00 may need to be added for a Ziegler casket.
Section 2. All other provisions of the September 17, 2014, Original Agreement not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEROF, County and Contractor have executed this Agreement as of the date first
written above.
BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
28
Deputy Clerk Mayor/Chairman
Date: Date:
WITNESSES CONTRACTOR
By:
Signature Anthony Allen
Title: OWNER
Signature
Date:
29