Backup Documents 09/14/2010 Item #16D2016020
Purchasing Departk@ht!
+Cpe- County 3301 Tamiami Trail East
Naples, Florid bM ;Li I Z
Aairrirustrative Services DrAsion Telephone: 23257 -669�
Purchasing FAX: 239 - 252 -6596
Email: johncurran @colliergov.net
www.colliergov.net
ITEM NO.: �V l r "'' U—) / ,/t J �J
DATE RECEIVED: �[/
FILE NO.: /
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date: September 21, 2010
To: E tt Teach
Assistant ty Attorney
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From: C Jack Curran, Purchasing Agent
Re: 10 -5434 Burial Services Contract T
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BACKGROUND OF REQUEST:
This item has not been previously submitted. %
ACTION REQUESTED: \
Agreement review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when the documents
exit your office. Thank you.
to
G/ AcquisitionslTechFormsand Letters /RLS_MemotoRequestLegalServices
Revised: 3111/09
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MEMORANDUM
DATE: September 24, 2010
TO: Jack Curran, Purchasing Agent
Purchasing Department
FROM: Martha Vergara, Deputy Clerk
Minutes and Records Dept.
RE: Contract #10 -5434
"Burial Services Contract"
Contractor: Naples Funeral Home
Attached is an original contract, referenced above (Agenda Item #16D20)
approved by the Board of County Commissioners on Tuesday, September
14, 2010.
The Minutes & Records Department has kept an original copy where
it will remain as part of the Board's permanent records.
If you should have any questions, you may contact me at 252 -7240.
Thank you,
Attachment (1)
September 14, 2010
Mr. Michael Hall
Naples Funeral Home
3107 Davis Blvd
Naples, Fl. 34104
Re: LOU 10 -5434 `Burial Services Contract"
Dear Mr. Hall:
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Purchasing Department
3301 Tamiami Trail East
Naples, Florida 34112
Telephone: 239 - 252 -6098
FAX: 239-252-6596
Email: johncurran @colliergov.net
www.colliergov.net
As per mutual agreement between Collier County, hereinafter called the "County" and Naples Funeral
Home, hereinafter called the "Contractor," this Letter of Understanding shall be made a component of
the attached Purchase Order for the services described as follows:
Statement of Work:
The Contractor shall provide funeral home services for the indigent as well as other services as may be
requested in writing by the County as per the following procedures:
L Unless otherwise subsequently agreed upon in writing, the Contractor shall only provide
Cremation Services.
2. After disposition of the indigent deceased has been accomplished, the Contractor shall
present an itemized statement requesting payment to the Housing, Human and Veterans
Services Department's program case manager. The program case manager will prepare
a purchase order for payment to the Contractor according to the fee schedule attached as
Exhibit "A." Any changes to the Fee Schedule may only be made if mutually agreed
upon by the County and the Contractor in a separate written instrument. Upon review
and approval of the itemized statement by the Housing, Human and Veterans Services
Department Director or her designee, the statement will be sent to the Clerk of Courts
Finance Department. Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt
Payment Act."
Term: The contract shall be for a two (2) year period, commencing on date of award by the Board of
County Commissioners, and terminating two years from that date. The County reserves the right to
automatically renew said contract with consent of the Contractor for an additional two (2) year contract
period under the same terms and conditions.
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16D20
No Partnership: Nothing herein contained shall create or be construed as creating a partnership
betw&n the County and the Contractor or to constitute the Contractor as an agent of the County.
Permits, Licenses, Taxes: In compliance with Section 218.80, Fla. Stats, all permits necessary for the
prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by
the County shall be processed internally by the County. All non - County permits necessary for the
prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be
solely responsible for payment of any and all taxes levied on the Contractor. In addition, the
Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or
the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all
laws governing the responsibility of an employer with respect to persons employed by the Contractor.
Termination: Should the contractor be found to have failed to perform his services in a manner
satisfactory to the County as per the specifications and requirements of this Agreement, the County
may terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of
non - performance.
No Discrimination: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
Insurance: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability. (Occurrence Form) patterned after the current I.S.O. form with no limiting
endorsements.
B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
C. Professional Liability: Coverage shall have minimum limits of $500,000.
D. Automobile Liability: Coverage shall have minimum limits of $300,000.
Special Requirements: Collier County shall be listed as the Certificate Holder and included as an
Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30
days prior to any expiration date. There shall be a 30 day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Contractor shall provide County with certificates of insurance meeting the
required insurance provisions.
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INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor
or anyone employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
TW WI Ss S
FIRST" /WITNESS/
Type /Print Name
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SECOND WITNESS
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ATTEST: '.
Dwight E. Brock, Clerk
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Scott Teach
Asst County Attorney
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Type /Print Name and Title
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COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
:'OLLIER COUNTY FLORIDA
BY:
- E
Fred W. Coyle, Chairman
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EXHIBIT A
Collier County
Housing, Human and Veteran Services Department
Standard Operating Procedures
Procedure A - Attachment — Indigent Burial /Cremation
Upon approval by the Board of County Commissioners, the fee schedule for indigent burials /cremation
is as follows:
ADULT CREMATION
a. Non- Unclaimed $695.00
b. Unclaimed* $695.00 + $5.00 per day after 10 day
INFANT CREMATION $395.00
*For all unclaimed persons qualified by Collier County Housing, Human and Veterans Services
Department a $5.00 per day storage fee will apply after the 10 day unclaimed period.
Michael Hall
Naples Funeral Home
3107 Davis Blvd.
Naples, FL 34104
239 - 775 -4255
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