Agenda 09/14/2010 Item #16D20
Agenda Item No. 16020
September 14, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to waive the formal competitive bid process and approve Letter
Of Understanding 10-5434, with Naples Funeral Homes for cremation services for
indigent Collier County residents.
OBJECTIVE: To obtain Board approval of a Letter of Understanding between the
County and Naples Funeral Homes regarding the provision of cremation services to
indigent Collier County residents.
CONSIDERATIONS: According to Florida Statute 406.50, individual counties in
Florida are required to provide indigent burial services. The Board of County
Commissioners adopted Resolution 99-408 effective November 9, 1999, establishing the
policies and procedures for indigent burials and cremation and adopted a fee schedule.
On October 27, 2009, the Board of County Commissioners adopted Resolution 2009-253
authorizing County staff to implement a Cremation only policy -in reference to the
disposition of deceased indigent and unclaimed Collier County residents.
The Housing, Human and Veteran Services Department established a written agreement
with Naples Funeral Home to provide cremation services for indigent individuals based
upon that resolution.
The Purchasing Department, in conjunction with the Housing, Human and Veteran
Services Department, contacted other funeral homes for interest in this program and two
vendors indicated their interest with the above vendor being the only one to respond with
a signed letter of understanding. Given these considerations, staff does not believe that
sufficient competition exists to warrant soliciting formal bids. Hence, staff recommends
that the Board waive the reqirement for formal competition and authorize the Chairman
of the Board to sign the enclosed letter of understanding with Naples Funeral Home.
FISCAL IMPACT: There is $60,000 of General Fund dollars allocated in the Housing,
Human and Veteran Services budget for this mandated service.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action. - SRT
RECOMMENDA TION: That the Board of County Commissioners waive the
reqirement for formal competition, approve the Letter of Understanding agreement with
Naples Funeral Home and authorize the Chairman to sign on behalf of the Board.
Prepared by: Marcy Krumbine, Director, Housing, Human and Veteran Services
Agenda Item No. 16020
September 14, 2010
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D20
Recommendation to approve a Letter of Understanding between the County and Naples
Funeral Home for cremation services to indigent Collier County residents.
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Marcy Krumbine
Director - Housing & Human Services
Date
Public Services Division
Human Services
8/25/2010 11 :34:40 AM
Approved By
Marcy Krumbine
Director - Housing & Human Services
Date
Public Services Division
Human Services
8/25/20103:04 PM
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
8/26/2010 11 :43 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
8/30/20108:36 AM
Approved By
Jack P. Curran
Purchasing Agent
Date
Administrative Services
Purchasing
8/31/20107:16 AM
Approved By
Steve Carnell
Director - Purchasing/General Services
Date
Administrative Services
Division
Purchasing & General Services
9/2120101:27 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
9/2/20103:08 PM
Approved By
Jeff Klatzkow
County Attorney
Date
9/2120104:28 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9171201011:03 AM
Approved By
Sherry Pryor
Office of Management &
Budget
Agenda Item No. 16020
September 14, 2010
Page 3 of 7
Management/ Budget Analyst. Senior
Date
Office of Management & Budget
9/7/201012:15 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/7/20101:00 PM
Agenda Item No. 16020
September 14,2010
Page 4 of 7
&!r County
~ -
Adrrinistrative Servicas Division
Purchasing
Purchasing Department
3301 Tamiami Trail East
Naples, Rorida 34112
Telephone; 239-252-6098
FAX: 239-252-6596
Email: johncurran@Colliergov.net
www.colliergov.net
Septernber14,2010
Mr. Michael Hall
Naples Funeral Home
3107 Davis Blvd
Naples, FL 34104
Re: LOU 10-5434 "Burial Services Contract"
Dear Mr. Hall:
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:
I. 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, Hwnan 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.
(
1/ rug I:
Agenda Item No. 16020
September 14, 2010
Page 5 of 7
No Partnership: Nothing herem contained shall create or be construed as creating a partnership
between 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 Liabilitv: 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 1.S.0. form with no limiting
endorsements.
B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits m
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 Reouirements: 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 ail 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.
2/Page
Agenda Item No. 16020
September 14, 2010
Page 6 of 7
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 WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
CONTRACTOR:
TWO WI1NESSES :
Naples Funeral Home
FIRST WITNESS
By:
TypeIPrint Name and Title
Type/Print Name
SECOND WITNESS
Mfix the "(Corporate Seal}" OR
type/print "(Corporate Seal)"
Type/Print Name
COUNTY:
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
BY:
BY:
Fred W. Coyle, Chairman
, Deputy Clerk
Approved As To Form
and Legal Sufficiency:
(if)
Jeffrey Wright
Assistant County Attorney
(
3lPagc
"~,,..u.... "'v.... '_'
September 14, 2010
Page 7 of 7
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
b. Unclaimed*
INFANT CREMATION
$695.00
$695.00 + $5.00 per day after 10 day
$395.00
*For all unclaimed persons qualified by Collier County Housin& 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
41 P il s t'