Bid Award for the Lewis County Coroner decedent removal and indigent cremation services BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN RE: BID AWARD FOR THE LEWIS )
COUNTY CORONER DECEDENT )
REMOVAL AND INDIGENT ) _
CREMATION SERVICES ) RESOLUTION NO. 15- Z 75
WHEREAS,the Lewis County Coroner's Office does not provide transportation services for
decedents who have expired within the county; and
WHEREAS,the removal of decedents is required as a Coroner's Office function; and
WHEREAS,the cremation of decedents who have no funds available or no one to claim their
remains is required; and
WHEREAS, a sealed bid call was made and the following responsive bids were received:
Bidder Bid
Dignity dba Brown Mortuary and Sticklin Mortuary $ 225.00 per removal
Dignity dba Brown Mortuary and Sticklin Mortuary $ 500.00 per cremation
WHEREAS, it appears to be in the best public interest to accept the bids from Dignity dba Brown
and Sticklin Mortuary and authorize a contract with same upon the recommendation of the Lewis County
Coroner's Office;
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners, that the
aforesaid contract is hereby approved, and upon the presentation and execution of a contract acceptable to
the County, the Lewis County Coroner is authorized to sign on behalf of the Board of County
Commissioners.
DONE IN OPEN SESSION this 2g day of .Sep Mber ,2015
APROVED AS TO FORM: .••4•. BOARD OF COUNTY COMMISSIONERS
y • oo *. ,FWIS COUNTY WASHINGTON
Jonathan Meyer/� � �� utinp /%0 �,� 0 . '
°/ NCE •
By p P •secuting Attu y 1845 J 1�
AT EST: �ComOs 'cow � ��h V' e Chair
Karri Muir, Clerk of the Board ary S per, M- Aber
Contract-Brown,Sticklin&Fir Lawn Funeral Homes and Lewis County
Page 1 of 6
This Contract is made by and between
Lewis County, a Washington municipal corporation, by and through the Lewis County
of 383 NW Center Street, Chehalis, Washington 98532:
—and—
Brown Mortuary, a Washington business corporation, of 299 S. Market Blvd., Chehalis,WA
98332
—and—
Stick lin Mortuary, a Washington business corporation, of 1437 S. Gold Street, Centralia, WA
98531
1. Definitions. In this Contract the following terms bear the meanings ascribed to each as
follows:
a) Contract means this Contract, and includes any renewal of this Contract pursuant to the
provisions hereof.
c) Coroner means the Lewis County Coroner or any of his Deputies.
d) County means Lewis County.
.TWii'C
e)Mortuary means any of three ro .tion mortuaries.
f) PCH means Providence Centralia Hospital.
g) Transportation means the removal of human remains as described in¶'3(b) and 3(c)below.
2. Duration: The term of this contract shall begin on January 1, 2016 at 12:00 midnight. Subject
to the provisions below regarding early termination, this contract shall be of full force and effect
through December 31, 2016 at 11:39 PM.
a) Early Termination Without Cause:Any party may terminate this Contract at any time, without
cause, by giving thirty(30) days prior written notice thereof to the other party.
b) Early Termination for Cause: In the event that any party fails to perform its obligations
pursuant to this Contract, and fails to cure such defect in performance after written notice
thereof, the party aggrieved by such defective performance may terminate this Contract
forthwith, upon written notice thereof to the other party.
Contract-Brown,Sticklin&Fir Lawn Funeral Homes and Lewis County
Page 2 of 6
3. Duties of Mortuary. The Mortuary shall provide the following services to the County:
a) Respond to calls for service for the County in a timely manner from a location within Lewis
Count`-.
b)Transportation of all human remains directed by the Lewis County Coroner pursuant to RCW
6850.032 for which the County is legally obligated to assume the costs of transportation, unless
Mortuary's personnel, vehicles, or equipment are unavailable at the time. If requested by the
Coroner, the Mortuary shall transport the remains first to PCH for x-ray, before resuming such
transportation.
c)Transportation of human remains round trip from the Coroner's premises to PCH for x-rays.
d) Provide 24 hour live answering to the Mortuary telephone number.
e) Provide two (2) removal personnel to respond to each call for service.
f) Maintain two (2) crews and two (2) vehicles to maintain the capability to respond to two (2)
simultaneous calls within a reasonable amount of time.
g) Mortuary shall ensure that any representatives responding to scenes for the removal of
decedent shall:
1. Be appropriately dressed (no jeans or torn clothing).
2. Refrain from smoking on the scene.
3. Does not provide any mortuary contact materials to families unless directed to do so by
the County.
h) Mortuary shall be issued three (3) electronic card keys for the garage entrance of the
Coroner's premises.
1. Mortuary is responsible for ensuring the control and custody of these keys.
i) Mortuary staff will be provided with a password for activating/deactivating the alarm system at
the Coroner's premises.
1. Mortuary is responsible for ensuring the security of this password.
2. The electronic key card is valid only for the garage door entrance.
j) Upon the Coroner's request, pick up those human remains for which the County is obligated to
arrange disposition per RON 36.24.153 (as amended by House Bill 1069 of the 2011 Regular
Session-indigent-unclaimed remains), cremate those human remains, and deliver the ashes back
to the Coroner.
k) Mortuary shall keep full and detailed records of its services performed pursuant to this
Contract; and it shall permit such records to be inspected and copied by the Coroner or by any
elected official, officer, employee, or agent of the County during Mortuary's normal business
hours.
Contract-Brow,Sticklin&Fir Lawn Funeral Homes and Lewis County
Page 3 of 6
I) Mortuary shall submit copies of all records howsoever relating to Mortuary's performance of
this Contract to the Coroner regularly and in a timely manner. Additionally, Mortuary shall
provide the Coroner in a timely manner with all other records and documents which Coroner
may require for his decedent files.
m) Mortuary shall provide certification of the annual state inspection of the crematory facilities.
n) Requests for any of the services described in sub-171- (a), (b), or (e) of this 113 may be given to
the Mortuary by the Coroner in any instance in writing, by telephone, or by email. However in
no instance shall the Mortuary cremate human remains pursuant to this Contract unless expressly
and unambiguously instructed to do so by the Coroner in writing.
o) Mortuary shall bear the costs incurred by having a non-rotation Mortuary make a
removal`transport due to no staffing or an inability of the Coroner staff to reach the contract
Mortuary.
p) Mortuary facilities will be subject to inspection by the County during business hours with a
two (2) hour prior notice.
q) Mortuary will provide all equipment necessary to their personnel for the removal of decedents
under all types of conditions. This shall include but not be limited to:
Personal Protection Equipment (PPE)-gloves, gowns, masks, Tyvek suits, booties
Additional equipment: mega movers.
r) Mortuary performing an indigent cremation will return the cremated remains to the Coroner as
soon after the cremation as possible.
4. Payment. The Mortuary shall submit an invoice to the Coroner by the 3th of the month
following their rotation month with the date of the removal and each decedent's name (see
attached example).
a) The sum of two hundred and twenty-five dollars ($223.00) for each removal. In the event the
rotation mortuary is chosen by the next of kin for the final funeralrcremation then no charge will
be submitted for that removal.
b) The rotation mortuary who makes a removal during their rotation period that results in an
indigent cremation, whether pursuant to 1;3(e) or pursuant to ¶3(f) of this Contract, the sum of
$300.00 per cremation.
5. Duties of the County. In order to assist Mortuary to fulfill its obligations under this Contract
the County shall:
a) Provide Mortuary with prompt notification of requirements for the services of Mortuary
pursuant to this Contract.
Contract-Brown,Stick in&Fir Lawn Funeral Homes and Lewis County
Page- of 6
b) Provide the mortuary with as much information pertinent to the removal as possible including
but not limited to:
1. Location
2. Decedent weight
3. Need for special equipment/hazards
c) Endeavor to minimize Mortuary's on scene waiting time by securing the attendance on scene
of a Deputy Coroner as expeditiously as County's staffing and other exigencies may allow.
d) Provide any training needed for the handling of County deaths under this contract.
e) Not put the Mortuary removal crews into situations that could pose a threat to their safety.
6. Indemnity. Mortuary shall indemnify and hold Lewis County, its elected officials, officers,
employees, and volunteers harmless from all liability arising out of or relating to Mortuary's
performance, purported performance, or non-performance of this Contract.
7. Insurance and Defense. Mortuary shall at all times maintain a policy of commercial general
liability insurance from an insurer licensed to do business in the State of Washington in the
amount of $2 million per occurrence and $4 million aggregate. Mortuary further shall tender to
the Lewis County Risk Manager at the Lewis County Courthouse within 30 days of the signing
of this Contract, and then in the month of January of each calendar year while this Contract is in
effect, a certificate of insurance in respect of such policy naming Lewis County as an additional
insured. In the event that Lewis County or any of its elected officials, officers, employees, or
volunteers is sued for any act or failure to act arising out of or relating to Mortuary's
performance, purported performance, or non-performance of this Contract, Mortuary shall
provide a legal defense for the County or such individual.
8. Entire Contract. This Contract:
(a) contains the entire understanding of the parties with respect to the subject matter covered,
(b) supersedes all prior and contemporaneous understandings, and
(c) may only be amended in a written instrument signed by the parties.
9. Choice of Law and Venue. This Contract is made in Lewis County, Washington. It shall be
construed in accordance with the laws of the State of Washington (excluding Washington's
choice of law rules) and of the United States of America. Any action to enforce any rights or
obligation created by this Contract or to construe this Contract shall be brought in the Superior
Court of Washington for Thurston County in Olympia, or in the United States District Court for
the Western District of Washington in Tacoma.
10. Survival of Contract. This Contract shall be binding upon and inure to the benefit of the
parties hereto and all of their respective heirs, successors, and assigns.
Contract-Brown,Sticklin&Fir Lawn Funeral Homes and Lewis County
Page 5 of 6
11. Severability. If any provision of this Contract is found to be contrary to law or public policy,
or is declared null and void by a court of competent jurisdiction, the remaining provisions shall
remain in full force and effect and binding upon the parties.
12.Assignment and Delegation. Except as expressly provided in¶3(c) above, neither party may
assign any benefit nor delegate any duty provided for, anticipated by, or arising out of by this
Contract without the prior express written consent of the other party.
13. Contra Proferentem Rule Excluded. This Contract was negotiated and drafted jointly by the
parties, and it shall not be construed against either party in case of any dispute.
14. Facsimile. This Contract may be executed by facsimile signature and such execution shall be
valid and binding.
15. Headings. In this Contract paragraph headings appear for convenience of reference only, and
they shall not be used or considered in construing the terms hereof.
16. Notices. Unless otherwise expressly provided hereinabove, any notice required or permitted
to be given by one party to the other shall be in writing and sent by certified U.S. Mail, with
postage fully prepaid. It shall be sent to the other party and to the attention of the signatory for
that other party at the address for it set out on page 1 of this Contract. Either party may change
its address or designate a new person to whose attention notices are to be sent by giving written
notice thereof to the other party, and such change shall take effect three days following the
delivery of such notice.
17. Status of the Parties. This is a contract for services only, and it is not a contract of service.
a) Neither party shall be the agent of the other, whether for purpose arising out of or relating to
this Contract, or otherwise. At no time shall either party, its elected officials, officers, or
employees hold itself out to be the agent of the other party.
b)All persons hired by the Mortuary to perform services anticipated by this Contract shall at all
times be the sole and exclusive employees of Mortuary, and in no event shall they or any of them
thereby become employees of the County.
c) At no time and for no purpose shall the County be a co-employer of any employee of
Mortuary.
d) Mortuary shall at all times maintain such unemployment insurance and workers'
compensation insurance as may be required by Washington law in full force and effect for all of
its employees who may, from time to time, perform services pursuant to this Contract.
Signed on behalf of the parties hereto on the date inscribed beneath the signature of the
authorized representative of each party:
Contract-Brown,Sticklin&Fir Lawn Funeral Homes and Lewis County
Page 6 of 6
Ali OUN s
_._...
per ►arren McLeod, Coroner
on the 05 day of Oc._-oSozv , 201.S.
BROWN MORTUARY, INC.
per
on the day of , 201 .
STICKLIN MORTUARY, INC.
per
on the day of , 201_.
Reviewed as to form by
Jonathan Me e ; I'ounty Prospecting Attorney
4 Z .
./7
per I. avid Fine, Senior Civil Deputy ./
on the 1/ day of °- --/7 7 , 2010'.
Executive Summary
BOCC Meeting Date:
2015-09-28
Contact:
Dawn Harris
Department:
Coroner
Wording
Approval of a contract between Lewis County Coroner's Office and Dignity dba Brown and Sticklin
Funeral Homes for removal and cremation services.
Description
This agreement is for the removal of decedents within Lewis County and also for the cremation of
decedents that are indigent or unclaimed at the time. The Lewis County Coroner's Office does not
provide removal services for decedents and in the past has relied on a rotating mortuary system to
perform these services charging a per removal fee.
For the 2016, a call for bids went published and one responsive bid was received. The responsive bid
was made by Dignity dba Brown Funeral Home of Chehalis and Sticklin Funeral Homes of Centralia.
Copies of all submitted bids are on file with the Lewis County Coroner's Office.
Under this contract, Brown and Sticklin Funeral Homes agrees the removal of decedents will be made
on a monthly rotating between the two funeral homes with a set cost of two hundred and twenty-five
dollars ($225.00) per removal. In addition, they agree to provide cremation services to indigent
decedents in an amount of five hundred dollars ($500.00) per cremation performed.
Recommendation
Approve the Resolution and Contract with Dignity dba Brown and Sticklin Mortuaries.
Other
BOCC AGENDA ITEM SUMMARY
Resolution #: 15-275 BOCC Meeting Date: Sep 28, 2015
Suggested Wording for Agenda Item: Agenda Type: Consent
Approval of a contract between Lewis County Coroner's Office and Dignity dba Brown and Sticklin Funeral
Homes for removal and cremation services.
Brief Reason for BOCC Action:
Approval of a contract between Lewis County and Dignity dba Brown and Sticklin Mortuaries for the removal
and cremation of descendants.
Submitted By: Strozyk, Michael Phone: x3365 RECEIVED
Date Submitted: Sep 17, 2015
Contact Person Who Will Attend BOCC Meeting: Dawn Harris SEP 18 2015
Action Needed: Approve Resolution LEWIS CO. PROS. ATTY,
Publication Requirements:
Hearing Date: Sep 28, 2015
Publications:
Publication Dates:
Approvals:
User Group Status
Strozyk, Michael Central Services Pending