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Item C11
C11 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting September 10, 2025 Agenda Item Number: C 11 2023-4483 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Dr. Michael Steckbauer, District Sixteen Medical Examiner AGENDA ITEM WORDING: Approval of five (5)year contract with Allen Funeral Directors, LLC dba Allen-Beyer Funeral Home for Transportation of Human Remains to the Monroe County Medical Examiner ITEM BACKGROUND: Allen Funeral Directors, LLC dba Allen-Beyer Funeral Home operates a licensed funeral home located in Key Largo, Florida. Allen-Beyer will be contracted for a five(5)year initial term to remain on call twenty four(24) hours per day to respond to calls from the Monroe County Medical Examiner's Office for transportation of human remains to the MEO when required for death investigations. Allen Funeral Directors, LLC is a sole source provider of body transportation services in the Upper Keys. The MEO budgets for approximately 200 death transports per year, countywide. The total value of all body transport contracts, including Allen Beyer Funeral Home, Dean Lopez Funeral Home, and Key West Mortuary shall be $450,000 over the five (5)year initial term. The contractor's fee is $450 for each call, inclusive of all supplies, transportation costs, and overhead. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: Sole Source Memo-Funeral Homes-Signed by Sheryl.pdf 728 2025 08 COI Allen Funeral GL exp 10.27.25 signed.pdf 2025 08 COI Allen Funeral WC exp 7.20.26 signed.pdf 2025 08 COI Allen Funeral AL exp 3.23.26 signed.pdf Transport Agreement w. Allen Beyer Funeral Home_2025.pdf FINANCIAL IMPACT: Effective Date: 9/10/25 Expiration Date: 9/10/30 Total Dollar Value of Contract: $450,000 (covering contracts with CMJP Operations and Allen Funeral Directors) Budgeted: Yes Fund Source: 001-05270-068000-00036 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in Above Dollar Amounts: None Revenue Producing: No Grant: No County Match: N/A Insurance Required: Yes Additional Details: N/A 729 0 M ti Date: 11/6/24 To: Purchasing Office From: Sheryl L. Grah° ' Sr. Director, Monroe County Social Services Subject: Sole Source Procurement for Agreement for Disposal of Remains Chapter 7, Item A of the Monroe County Purchasing Policy defines sole source procurement which is exempted from formal competition or price quote requirements. The Sr. Director of Monroe County Social Services Department does hereby certify that this procurement qualifies as sole source. There are three (3) agreements the County seeks to enter into with each of the funeral homes in Monroe County that are owned by two (2) different individuals: Allen Beyer Funeral Home (Tony Allen); Dean Lopez Funeral Home (Peter E. Batty), and Key West Mortuary (Peter E. Batty). These three (3) agreements were entered into with the only operational funeral homes in the County. Due to the statutory nature of the service, local funeral homes are needed, therefore, quotes for the service would not be sought outside the County. DATE(MMIDDIYYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 111 1 08/25/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vanessa Smith MIG13, LLC dba The Morgan Insurance Group PHONE Ext: (305)451-4788 FAX No: (305)451-1539 102481 Overseas Highway E-MAIL ADDRESS: vsmith@tbigfia.com Key Largo, FL 33037 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Century Insurance Group INSURED INSURER B: Allen-Beyer Funeral Home Tony Allen INSURER C 7 PO BOX 373000 INSURER D: Key Largo, FL 33037 INSURER E 7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000324-260826110004 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSp WVp POLICY NUMBER POLICY EFF POLICY EXP LTR MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CCP1265997 10/27/2024 10/27/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE J OCCUR PREM IS (Ea occur ence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ Include OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is listed as Additional Insured in regards to the General Liability APPROVED BY RISK MANAGEMENT BY �'Q_1__ V 8125125 DATE WAIVER NIA x YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West, FL 33040 AUTHO IZED REPRESENTATIVE 640 VXS) ©1988-2015 ACORD CORPORATION. All rights resel 731 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by VXS on 08/25/2025 at 11:02AIVI TRAVELERS J�� WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD CT 06183 EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: UB-9P751682-25-42-G RENEWAL OF (UB-9P751682-24-42-G) INSURER: THE TRAVELERS INDEMNITY COMPANY OF AMERICA A Stock Company 1. NCCI CO CODE: 13439 INSURED: PRODUCER: ALLEN FUNERAL DIRECTORS LLC USAA INSURANCE AGENCY IN P.O. BOX 373000 9800 FREDERICKSBURG RD KEY LARGO, FL 33037 SAN ANTONIO, TX 782880002 Insured is A LIMITED LIABILITY COMPANY Other work places and identification numbers are shown in the schedule(s) attached. 2. The policy period is from 07-20-25 to 07-20-26 12:01 A.M. at the insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: FL B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 1,000,000 Each Accident Bodily Injury by Disease: $ 1,000,000 policy Limit Bodily Injury by Disease: $ 1,000,000 Each Employee o� C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: AL AR AZ CA CO CT DC DE GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC NE NH NJ NM NV NY OK OR PA RI SC SD TN TX UT VA VT WI ^-- WV D. This policy includes these endorsements and schedules: o� SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE o� 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All required information is subject to verification and change by audit to be made ANNUALLY APPROVED BY RISK MANAGEMENT BY lce.4x`'.c Ar12a. DATE 8.25.2 DATE OF ISSUE: 05-23-25 SD OFFICE: ELMIRA NY SRV CTR 700 WAIVER MIA XYES PRODUCER: USAA INSURANCE AGENCY IN X1597 732 002503 PROGRESSIVE PROG/iEUMF P.O.BOX 6807 COAWERC/AL CLEVELAND,OH 44101 Named insured Policy number: 967845483 Underwritten by: Progressive Express Ins Company Allen Funeral Directors January 31,2025 ALLEN BEYER FUNERAL HOME Policy Period:Mar 23,2025•Mar 23,2026 P.O.BOX 373000 Page 1 of 3 KEY LARGO,FL 33037 agent.progressive.com Online Service Make payments,check billing activity,print policy documents,update your policy or check the status of a claim. Commercial Auto 1.800-444-4487 custmer service and Insurance Coverage Summary 24rhoursa day,7 days aclaims week.seNice, This is your Renewal Declarations Page This Renewal Declarations Page is effective only if the minimum amount due to renew your policy is received or postmarked by March 23,2025. Your coverage begins on March 23,2025 at 12:01 a.m. This policy expires on March 23,2026 at 12:01 a.m. Your insurance policy and any policy endorsements contain a full explanation of your coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto,unless the policy contract allows the stacking of limits. The policy contract is form 6912(02/19).The contract is modified by forms 2852FL(02/19), 1652FL(02/23),4852FL(02/19),4881 FL (02/19)and Z228(01/11). The named insured organization type is a corporation. Outline of coverage Description Umits Deductible Premium ............................................................................................................................................................................. Liability To Others $2,469 Bodily Injury and Property Damage Liability $300,000 combined single limit ..............................—.................................,.......................................................................................................... Uninsured Motorist-Nonstacked $100,000 combined single limit 1,034 ............................................................................................................................................................................. Basic Personal Injury Protection 187 Without Work Comp-Named Insured Only $10,000 each person $0 Medical Payments Rejected ......................................................................................................................................I...................................... Comprehensive 133 See Auto Coverage Schedule Limit of liability less deductible ............................................................................................................................ ..........................I..................... Collision 407 See Auto Coverage Schedule Limit of liability less deductible ............................................................................................................................................................................. Total 12 month policy premium $4,230 Rated drivers ....... ................................................................................................................................................... 1. ANTHONYALLEN APPROVED BY RISK MANAGEMENT BY Gam r ;ate DATE 8/25/25 wAIVE',R N.IA YES X Continued 733 Form 6489 FL(08123) Policy number: 967845483 Allen Funeral Directors Page 2 of 3 Auto coverage schedule 1. 2023 FORD TRANSIT Actual Cash Value(plus$2,000.00 Permanently Attached Equip) VIN: 1FTYE1Y8XPKA77168 Garaging Zip Code:33037 Radius: 100 miles Personal use: N Body type:Cargo Van Liability LIM PIP Liability Premium Premium Premium Premium ............................... $1435 $517 $104 .................................................. Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $50 5.0.0............. .$75.......... .......... $...S0.................$. ..339.. ................................................................................................. 0 $2,470 2. 2011 FORD ECONOLINE Stated Amount:''$10,000(including Permanently Attached Equip) VIN:1FDEE3FLXBDA97239 Garaging Zip Code:33037 Radius: 100 miles Personal use:N Body type:Cargo Van Liability um PIP Liability Premium Premium Premium .......................... ................................................... Premium .................................................................................... $1034 $517 $83 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total ......... ..... . .... . ................ .................. .................. ... Premium $500 $58 $500 $68 $1,760 *A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discounts ri M Policy ...........................................I................... ............. .. 967845483 Paid In Full and Multi-Product g Vehicle a ............................................................................................................................................................................. 2023 FORD TRANSIT Anti-Lock Brakes and Airbag o 2011 FORD ECONOLINE Anti-Lock Brakes and Airbag N ! Loss Payee information .................................................................................................................................................................... o 1. Loss Payee Auto 1 BANK OF AMERICA AUTO FIN CORP g PO BOX 2759 a JACKSONVILLE,FL 32203 2023 FORD TRANSIT(1 FTYEIY8XPKA77168) Policyholder inquiries You may call Customer Service at 1-800-444-4487 to present inquiries or obtain information about coverage,and to obtain assistance with any complaints. Agent signature continued 734 Form 6489 FL(08/23) COUNTY,MONROE FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor/Vendor: Allen Funeral Directors, LLC dba Allen-Beyer Funeral Home Project or Service: MEO Body Transportation Services Contractor/Vendor 9818 Magellan Drive, P.O. Box 373000 Address&Phone#: g Key Largo, FL 33037 General scope of Work: Transportation of deceased remains to MEO Reason for Waiver or Contractor indicates inability to proceed with contract if full auto liability Modification: insurance is required.Has provided proof of auto insurance at existing levels.As Contractor is single source provider for these services in Upper Keys,requested waiver is approved. Policies Waiver or Modification Will apply to: Reduction of Auto Liability Limits from $1 M to $300K CSL. Waiver of Additional Insured on Auto Liability Only Signature of Contractor/Vendor: Date: 08/25/25 Approved ,—, Not Approved ❑ Robert B. Shillinger, Jr Digitally signed by Robert B.Shillinger,Jr. Risk Management Signature:_ Date:2025.08.25 12:24:32-04'00' Date: 8/25/25 County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 735 AGREEMENT between MONROE COUNTY, FL and ALLEN FUNERAL DIRECTORS LLC d/b/a ALLEN-BEYER FUNERAL HOME for Transportation of Human 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 services associated with the transportation of human remains. WHEREAS, funeral home operators throughout the County possess the required credentials, equipment,and facilities to provide transportation services associated with transporting human remains; and WHEREAS,Allen-Beyer Funeral Home is willing and able to provide proper handling of human remains and timely transportation services for the County; and WHEREAS, the County desires to contract with Allen-Beyer Funeral Home for timely removal and transportation of human remains,whole or in part,from the place where the remains are located to the Medical Examiner's Office in order for the Medical Examiner to perform postmortem examination(s)to determine the cause and manner of the death. 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 (services)for the County required by this Agreement and as set forth below: a) Contractor shall provide services as described in"Exhibit A"—Scope of Services,attached hereto and incorporated herein. b) 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 andin the performance of the work. c) 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.Proof of any such license(s)shall be provided to the County upon request. d) Contractor agrees to complete such forms as County deems necessary in furtherance of its ordinances andpolicies,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. Page 1 of 18 736 2) Contract Amount Contractor will perform contract requirements on an as-needed basis with pricing and ordering pursuant to"Exhibit A,"attached hereto and incorporated herein.Payment of an undisputed invoice submitted by the Contractor will be processed within thirty(30)business days after being stamped as received,or otherwise as providedin accordance with the Florida Prompt Payment Act, Section 218.735,Fla. Stat., as amended.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 authorizedto usethe County's Tax Exemption Number in securing such materials.Contractorshall be responsible for any and all taxes,or payments of withholding,related to services rendered under this Agreement.Additionally,the Contractor is to submit to the County invoices with supporting documentation that are 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. 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 ofCounty 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 five(5)years commencing on the date written on the first page of this Agreement("Initial Term').A renewal ofthis Agreement maybe accomplishedin one(I)year intervals by the County Administrator exercising her administrative approval authority vested pursuant to the Monroe County Purchasing Policy Manual, as may be amended, so long as all renewals are made expressly subject to the same terms and conditions as provided herein.This Agreement may be extended for up to five(5)successive one(1)year periods(each a"Renewal Term").Notwithstanding the above,any renewal authorized administratively must not exceed the total value of$100,000.00 without the prior formal approval of the Monroe County Board of County Commissioners.As used herein,the"total value"is calculated by adding the value of each administratively approved renewal,plus any value-added amendments,after the Monroe County Board of County Commissioners' most recent formal approval. 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's Contract 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) Conditions for Emergency/Hurricane or Disaster It is hereby made apartof this agreement that before,during andafter apublic 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 rent/sell/lease all goods and services to 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. Awarded Contractor must furnish a twenty-four Page 2 of 18 737 (24)hour telephone number in the event of such an emergency. 7) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor's 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,theprovisions of theInternal 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. 8) 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. 9) Termination 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 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 Contractorunder 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 forconvenience, 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. Page 3 of 18 738 10) Remedies The County reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement or for losses sustained by the County resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 11) Insurance Requirements Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review.Depending on the extent of contractual obligations incurred by the Contractor,the below insurances will be required.Insurances can be altered via written waiver by County's Risk Manager,if required. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled,terminated,or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired,amended,and annually during the term of this Agreement.Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable,coverage to apply for all employees at the minimum statutory limits as required by Florida Law,and Employee's Liability coverage in the amount of$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE.Motor vehicle liability insurance,including applicable no-fault coverage,with limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided,the minimum acceptable limits are $500,000.00 per person, $1,000,000.00 per occurrence, and $100,000.00 property damage. Coverage shall include all owned vehicles,all non-owned vehicles, and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY.Commercial general liability coverage with limits of liability of not less than$1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include,as a minimum:Premises Operations,Products and Completed Operations,Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract.In addition,the period for which claims may be reported should extend for a minimum of twelve(12)months following the acceptance of work by the County. d) CERTIFICATES OF INSURANCE.Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested.Eachpolicy certificate shall be endorsed with aprovision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do businessin the State of Florida. If requestedby the County Administrator,the insurance coverage shall be primary insurance with respect to the County,its officials,employees, agents,and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. Page 4 of 18 739 MONROE COUNTYBOARD OF COUNTY COMMISSIONERS,1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CER TIFICA TE HOLDER ONALL POLICIES EXCEPT WORKER'S COMPENSA TION. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County.In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. 12)Indemnification & Hold Harmless a) The parties agree that one percent(I%)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 negligentacts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). b) Nothing contained herein is intended,nor may it be construed,to waive County's rights and immunities underthe 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 amountwithheldis 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 tern of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 13)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 County in his or her individual capacity,and no member, officer,agent or employee of 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. 14)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, Page 5 of 18 740 proposal,or reply on a contractwith 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." 15)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. 16)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. 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.Eachparty hereto covenants that there is no conflict ofinterest 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. 17)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. Page 6 of 18 741 18) Prompt Disclosure of Litigation, Investigations,Arbitration,or Administrative 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. 19) 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. 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 A , 4,, Fu 4 erlA ,- ,,.rr ;Monroe County e iv • /m22 f 1100 Siinorton Street, Room 2-205 4wO' Key West, FL 33040 Email:Wr_r_ And(with copy to) Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 20) Choice of Law and Venue The parties expressly agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America,without regard to choice of law principals.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. This Agreement shall not be subject to arbitration. 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,Florida. 21) 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 count system, including in appellate proceedings. 22) 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 Page 7 of 18 742 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 providedin Chapter 119,Florida Statutes, or as otherwise provided by law. c) Ensure thatpublic records that are exempt,or confidential and exempt,frompublic 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 Contractorkeeps 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 fromthe 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 AT:MONROE COUNTYATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, EMAIL: )t.J LI ;:'llE " IZDS(i.)M IZ E t.J IY,,,,UL , OR PHONE: 305-292- 3470...... 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. 23)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 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)after completion of the contract. Such records must be retained by Contractor for a minimum of five(5)years following the close of the Agreement,or the period required for this particulartype ofprojectby the General Records Schedules maintainedby the Department of State, whichever is longer. The Contractor agrees to cooperate with the County and agrees to submit to an audit as required by the County,or other authorizedrepresentative(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. The requirements set forth in this paragraph will survive the termination of this Page 8 of 18 743 Agreement. 24)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. 25)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 majeure 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 madenotmore 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 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 acceptedby 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. 26)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 maybe amended,for a period of thirty-six(36)months from the date ofbeingplaced on the convicted vendor list. 27)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." Page 9 of 18 744 28) Scrutinized Companies & Countries of Concern (F.S.S.287.135,215.473, & 287.138) 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 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: w #1 1'(9rt y 14,11eki 'Title: 0 - Signature; � Plate. �` �" 29) Noncoerci e'lc�o_nduet 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 certiAl 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. Page 10 of 18 745 30)Nondiscrimination The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party,effective the date of the court order. 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 and527(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. 2000gget 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. 31)E-Verify Requirements Effective January 1, 2021,public and private employers, contractors and subcontractors must require registration with,anduse of the E-verify systemin 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 employedby 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 thatuse oftheU.S.Department ofHomeland Security's E-Verify Systemdunng 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 fromtime 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. 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. Page 11 of 18 746 32)Prohibited Telecommunications Equipment Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26.By executing this Agreement Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment,system,or services for any scope of work performed for the County for the entire duration of this Agreement.If Contractor is notified of any use or provisions of such covered telecommunications equipment,system,or services by a subcontractor at any tier or by any other source,Contractor must promptly report the information in 40 CFR § 52.204-25(d)(2) to County. 33)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,orreply 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 performwork as a contractor,supplier,subcontractor,or consultantunder a new contractwith a public entity;andmay 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 resultin termination of this Agreement,at the option of the County consistentwith Section287.137, Florida Statutes, as amended. 34)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. 35)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. 36)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 12 of 18 747 37)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. 38)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. 39)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. [Signatures to follow] Page 13 of 18 748 IN WITNESS� Will-'REOF, County and Contractor have executed this Agreement to provide services associated with the transportation Or human remains as of the date first written above. CONTRACTOR: ALLEN FUNERAL DIREcrORS LLC d/b/lal A -BEY FUNE L HOME iature Print Name & Title STATE 0 F I'LO R I D A COUNTY 017_11?r2�L,) The foregoing instrument was sworn to/affirmai and acknowledged before me by means of L� physicai presc,fice or 11 online notarization,, this day 20�I ',j—, by '6t, ,q [)resident[or Authority Title] (aIALLEN FUNEV DIRECTORS I.LC d/b/a ALLEN-131�YERFIJ ERAI II0ME,al"loridaLl-C. fie/She is personally known to me/or has produced . .............. (type of identification)as identification. ; igri�atc of j?"(P&1, PEARL LYNN BURKE �%Notary Pubbc-Stara of Florida -E Commission # HH 69,6406 aeerii My Commission Expires (Print e)nlnld�jssioned fName Name Notary Public) July 10, 2029 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: _________________ Mayor Jaines K. Scholl (Seal) Attest: Kevin Madok, Cierk As Deputy Clerk Page tit(WI 8 749 "EXFIIBIT A" TRANSPORTATION OF HUMAN REMAINS SCOPE OF SERVICES 1. Availability for Service Calls The Contractor shall be available to supply the required services twenty-four (24) hours a day, every calendar day of the year. For purposes of this Agreement, the area(s) to be served will be within Monroe County,Florida(the "County"). MEO is the medical examiner forthe County and may also be referred to as the "County" within the terms of this Agreement. 2. Minimum Contractor Requirements The Contractor shall possess a current and valid state license to perform removal services, as required in accordance with Chapter 497, "Funeral, Cemetery, and Consumer Services," of the Florida Statutes, and specifically Section 497.385, Fla. Stat., as may be amended from time to time. Contractor's license shall be maintained and remain in good standing for the duration of this Agreement. Updated copies of license(s) shall be supplied to the MEO upon the renewal, amendment, or modification of this Agreement. 3. Minimum Equipment Requirements A. Vehicles Contractor shall provide and keep in good and serviceable condition a sufficient number of vehicles to allow response to one (1) death scene at any given time. One (1) vehicle shall be available and capable of handling bodies up to one thousand (1,000)pounds. Vehicle types shall be a hearse, van-type vehicle, station wagon or other agreed upon vehicle. All vehicles shall be subject to approval of the MEO during the term of this Agreement. Each vehicle shall be equipped with at least one (1)Ferno Model 24 or County approved equivalent stretcher and have the availability to utilize a bariatric stretcher with workable restraints or equivalent. Each vehicle shall also be equipped with an auxiliary portable stretcherwith workable restraints. Each vehicle shall have a locking mechanism to immobilize the stretchers when in transit. Contractor shall provide and maintain its stretchers in good condition at all times and having stretchers serviced with preventative maintenance at least annually. The MEO shall reserve the right to approve the type of stretcher used and to approve any substitutions proposed. The Contractor shall not use any stretcher unapproved by the MEO. All vehicles and all equipment shall be clean and free of any contamination at all times, and shall present a professional appearance. B. Communications Equipment Contractor shall maintain manned operable telephone service at all times, twenty-four(24) hours per day, every calendar day of the year. Contractor shall equip each vehicle and each employee on duty with a mobile telephone and provide the current/updated staff names with their telephone numbers being used to the MEO. If at any time Contractor suffers an unforeseeable or unavoidable breakdown in its telephone service, Contractor shall immediately notify the MEO so that temporary, alternative methods of communication can be arranged. 4. Minimum Personnel Requirements A. Employee Background Investigation/Criminal History It shall be the sole expense of the Contractor to provide the MEO with a record of criminal history background investigation for all of Contractor's employees working on this contract Page 15 of 18 750 (existing and new hires), pursuant to Section 497.142, Flat. Stat.,as amended from time to time. If at any time the MEO determines that the content of a background investigation is inappropriate or otherwise not suitable, or that the individual is of questionable character and integrity for the sensitive and confidential nature of the recovery and transportation of human remains, the MEO reserves the right to request the immediate removal of the individual in question from all contractual duties.If the Contractor does not immediately remove the individual in question from all contractual duties, the MEO reserves the right to terminate all contractual services. B. Vehicles and Staff Such vehicles and staff, at the time they are used to fulfill the obligations under this Agreement, shall not be used to fulfill any obligations the Contractor may have to any other person or entity pursuant to any other arrangement or contract, except when otherwise allowed pursuant to authorization of the MEO. Contractor personnel shall present a neat, clean, and professional appearance at all times. Contractor shall provide to the MEO a list of all personnel assigned to Monroe County, along with the addresses and telephone numbers of such personnel on a quarterly basis and upon request. Contractor shall be responsible for employee health and safety training as applicable under OSHA regulations and for providing its personnel with appropriate personal protective equipment(PPE)for OSHA compliance at death scenes. Copies of employee health and safety training certificates shall be kept on file in the Contractor's office for inspection, as necessary. C. Supplies & PPE The ME may, in his sole discretion, provide Contractor with a supply of approved body bags for the transportation of the MEO cases. The MEO may also supply biohazard bags, infant body bags, identification tags, seals, and forms to the Contractor at no charge. If not supplied by the MEO, Contractor is responsible for the provision of said items to fulfill its obligations under the Agreement. Contractor shall supply all disposable PPE material needed to meet the requirements of this Agreement for the safety of its personnel. D. Confidential Information The Contractor, nor any of its employees, agents, or other persons in any connection with the Contractor, shall in any manner, way,or means, convey to any other person any information which would lead to disclosing the name(s) or address of the decedent or his/her next-of-kin or relatives, or any other information concerning circumstances of death. In the event of such release of information, such employee or agent of the Contractor shall be subject to immediate dismissal and this Agreement may be terminated at the option of the MEO. E. Project Manager Contractor shall designate an individual to act as a full time Project Manager, who shall be responsible for the Contractor's competence, timely performance and fulfillment of the responsibilities under this Agreement. The name of this designated individual and telephone number(s) at which this individual may be contacted on a twenty-four (24) hour basis shall be provided to the County and the MEO. The MEO or his/her designee and the Contractor's Project Manager shall meet on a monthly basis, or as often as needed, to ensure complaints are being addressed and solutions determined. The County or MEO may require the Contractor,by written request, to submit written responses or documentation in response to complaints or problems related to the Contractor's duties and obligations herein, which may come to the attention of the MEO or Monroe County.All such written responses are due to the MEO within ten(10) calendar days of the Contractor being notified of the complaint or problem. Page 16 of 18 751 5. Advertising There shall be no advertisements affixed or displayed to either the interior or exterior of any vehicle utilized under this Agreement with the exception of the Contractor's name. No advertising material of any kind shall be dispensed by Contractor's personnel, drivers and/or attendants. 6. Location Remains shall be transpoled from the scene or location of death to the MEO located at 56639 Overseas Highway (On Grassy Key), Marathon, FL 33050. Some circumstances shall require the remains to be transported to locations other than the MEO's for additional examination(s). The alternate location(s) may be in another county within the State of Florida. 7. Frequency of Service There is no guarantee of a minimum number of transports. Transports shall be conducted on an as-needed basis. 8. Time Frames for Pick Ups and Deliveries Contractor shall be required to arrive on the death scene or location anywhere within Monroe County for pick up within four(4) hours after receiving first notification of a death, WITHOUT EXCEPTION. If there are any delays, Contractor shall notify the Medical Examiner, or his designee, as soon as possible, advising of reason for delay and expected travel time. 9. Procedures for Pick-Up and Removal of Medical Examiner Cases MEO personnel will dispatch Contractor by calling case information into the Contractor's designated phone number. Upon receipt of case information, the Contractor shall immediately dispatch personnel for the purpose of picking up and transporting remains to the MEO or other site as may be designated by authorized personnel of the MEO. In exceptional circumstances, MEO personnel may dispatch and give direction to Contractor's personnel as long as such personnel also inform the Contractor's main office as quickly as possible. All scene removals involving law enforcement at the scene shall be accompanied by a completed MEO Investigation Form from the law enforcement agency handling the death investigation. Law enforcement on scene may advise they will fax or e-mail the form instead. The only articles to accompany a MEO case are medical/hospital records, x-rays, medications, laboratory specimens, or any article on or attached to the body. The Contractor shall attach an identification tag to the right ankle, on which shall be printed the name of the deceased (if known),MEO case number, sex,and the race of the individual. If the name is not known, the word "UNIDENTIFIED" shall be printed in place of the name. Likewise, if the sex and the race of the individual are not known, the word "UNKNOWN"shall be printed in place of this information. Contractor shall place all remains in the approved body bags. The body bag shall be sealed (through the zipper closure) by an identification tag or numbered seal that bears the decedent's name (if known), the MEO case number, and the sex and race of the individual (if known). Except for clothing worn by the decedent,the Contractor shall attempt to release the personal effects and valuables of the decedent to law enforcement personnel or hospital staff at the scene (i.e., articles of jewelry, luggage, other apparel, cosmetics, currency, purses, wallets, identification cards, etc.) If law enforcement or hospital staff elects not to take possession of the valuables or personal effects at the scene, these items shall be inventoried on the transport form and the Medical Examiner, or his designee, must be notified by phone. The Page 17 of 18 752 inventoried items shall be transported to the MEO in a container sealed within the body bag. Medications shall be transported in a bag or container that has been sealed atthe time of acceptance of the remains and other articles at the scene. This bag or container, once sealed, shall not be opened,and shall be labeled "bag of medications" on the property form. In cases of homicide, the hands shall be bagged, the body shall be handled minimally, and all personal effects shall remain in place with the decedent. Contractor shall coordinate preparation and transportation protocol with theMedical Examiner, or his designee.A transport form shall be completed by the Contractor, listing time dispatched,time of arrival on scene, time departed from scene and arrival time at the morgue. The form shall further legibly list the MEO case number, name, age, race of decedent, address/location of pick-up, name of law enforcement agency, law enforcement investigator's name,police case report number of the agency, list of articles transported,and the signature of the police investigator. If the name of the decedent is not known, the word "UNIDENTIFIED"shall be printed in place of the name. All forms shall be completed and attached to any other records and placed into a paper bag that shall be placed atop the body bag when placed in refrigerated storage. The decedent's name and the MEO case number shall be printed on the exterior of the body bag in a conspicuous location, in letters no less than five (5) inches in height.At the morgue, Contractor shall transfer the decedent to a tray,using due care to preserve the integrity of the body and any associated evidence. WITHOUT EXCEPTION, all human remains shall be placed on the transport gumey and tray FACE UP, unless otherwise directed by MEO personnel. Contractor shall enter decedent information into the logbook on the counter in the morgue, at the time of delivery. In the event the remains are accidentally dropped, bumped or subjected to any other traumatic mishaps during removal and/or transport, the circumstances shall be relayed to the MEO staff as soon as possible. All spills or leakage of body fluids shall be cleaned up by the Contractor. Soiled/contaminated gloves, PPE, etc. shall be placed in appropriate containers for proper biohazardous disposal. Contractor shall follow OSHA guidelines at all times as they apply to the handling of biohazardous materials. Furthermore, Contractor shall carry within the transport vehicles an appropriate container and appropriate biohazardous bags for transportation of contaminated materials. The MEO agrees to provide appropriate biohazardous bags and further agrees to dispose of all properly sealed biohazardous bags used to carry out the contract services. During periods of time when the MEO is closed or MEO personnel are not present to accept the remains, Contractor shall maintain custody of the human remains or follow such other directives given by the Medical Examiner, or his designee. 10. Compensation/Fees The Contractor will be paid per trip for removal and transportation of each body within Monroe County, with occasional pickups and/or deliveries to or from contiguous counties. The cost per trip shall be $450. All labor, supplies, transportation, overhead, etc. shall be included in the price per trip for the removal and transport of the remains of deceased persons, whole or in part, from the place where the remains are located to the MEO. This Agreement shall be solely between the named parties; therefore, no fees or payments for services shall be issued to the Contractor by anyone other than by the MEO. Acceptance of funds in any manner (i.e. contributions, gifts, personal effects, gratuities, etc.) from family members of the deceased SHALL BE GROUNDS FOR IMMEDIATE TERMINATION OF THIS AGREEMENT. Page 18 of 18 753