1-Draft Summary Scope - Cremation and Unclaimed Remains Services.pdf

Summary Scope of Services – Draft

1. Purpose

1.1. The County is interested in establishing multiple open-end contracts with funeral establishments or direct disposal establishments to provide direct cremation services and the handling, transportation, and storage of unclaimed (i.e., no known family or friend to provide for private disposition or is abandoned) and/or indigent (i.e., lacks sufficient resources for private disposition) remains, on an as-needed basis, for Broward County, through the Office of the Medical Examiner and Trauma Services (“County” or “OMETS”).

1.2. Each Vendor shall perform the removal and storage of all cases when requested through this rotation. Only cases for which the decedent is finally determined to be unclaimed and/or indigent are subject to this contract; if the decedent is not unclaimed or indigent, then the case shall be removed from this contract, no compensation shall be due Vendor from County under this contract for that case, and Vendor may enter into separate arrangements including for compensation with third parties.

1.3. Vendors are responsible for providing all personnel, supervision, equipment, transportation, temporary urns, and facilities necessary to perform the removal, transport, storage, cremation, and disposition of decedents within Broward County as may be requested by OMETS, a law enforcement agency, nursing facility, or hospice agency from time to time.

Required services include transporting decedents from the place of death, maintaining use of or access to a licensed refrigeration facility, and performing cremation services as requested by OMETS. Vendors must be available to perform requested services twenty-four (24) hours per day, seven (7) days per week, throughout the year, and must perform in accordance with the approved fee schedule in Section 7 and applicable laws and regulations.

1.4. Vendor shall remain fully responsible for any and all subcontracted services.

2. Requests for Services

2.1. OMETS, law enforcement agencies, nursing facilities, or hospice agencies in Broward County, or any other third party designated in writing by OMETS, may request services from Vendors on the Vendor List on a rotational basis as designated by OMETS. When services are required, the next Vendor in the rotation will be contacted and provided the details of the required services, including location, timing, and any other relevant information. If the contacted Vendor does not respond timely or is unable to perform the requested services, one or more other Vendors on the Vendor List may be contacted to perform the requested services.

2.2. Inclusion on the Vendor List does not guarantee work. There is no guaranteed minimum quantity of services. If the County deems in the best interest of the County, the County may obtain services from other sources outside the Vendor List, without penalty or prejudice to the County, and such shall not be a violation of the contract.

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3. Vendor Qualifications

3.1. Vendor must have and maintain a current license as a funeral establishment or direct disposal establishment and have been in business for at least three (3) years immediately preceding the Submission Deadline. Vendor shall ensure that all services requiring licensure under the laws of the State of Florida are performed by entities properly licensed by the State of Florida, whether by Vendor or a subcontractor. This includes, without limitation, licensure for funeral establishments, direct disposal establishments, removal services, and cinerator facilities.

If Vendor utilizes a subcontractor to meet these licensing requirements, Vendor remains fully responsible for verifying, maintaining, and ensuring the subcontractor’s compliance with all applicable State of Florida licensing requirements.

3.2. Vendor must possess or have access through a valid agreement to (a) a refrigeration facility licensed by the State of Florida, and (b) a cinerator facility licensed by the State of Florida.

3.3. Vendor must possess or have access through a valid agreement to at least one properly equipped and licensed transport vehicle.

3.4. There must be no complaints filed with the Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services within the past five (5) years that resulted in a penalty or disciplinary action against Vendor, its Funeral Director in Charge or its Direct Disposer in Charge (or any similar position), or any of its subcontractors.

4. Insurance Requirements

4.1. Vendors must maintain insurance in at least the amounts stated in the Minimum Insurance Requirements.

4.2. Vendor must provide a valid and approved Certificate of Insurance (COI) prior to award and provide an updated COI prior to expiration of coverage. Vendor must promptly advise the County in writing of any coverage changes or cancellations.

5. Scope of Work

For all services requested under the contract, Vendor must comply with the following:

5.1. Scope of Services . For each case: Vendor shall provide transportation and storage of decedents from the place of death within Broward County to a licensed refrigeration facility, and, if the case is designated as indigent by OMETS, Vendor shall also provide cremation services for the decedent. Vendor must be available to perform the requested services twenty-four (24) hours per day, seven (7) days per week.

Vendor shall provide all personnel, supervision, equipment, transportation, supplies, licenses, and incidentals necessary to perform the requested services under this contract, including

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All services must be performed in compliance with applicable provisions of Florida law, including, but not limited to, Chapters 382 and 497, Florida Statutes, and Chapters 69K and 64V of the Florida Administrative Code. Vendor must at all times ensure that all deceased persons are handled with dignity, respect, and care.

5.2. Facilities . Vendor shall maintain, for the duration of this contract, access to a refrigeration facility and a cinerator facility, each properly licensed by the State of Florida, whether owned by Vendor or secured through a current and valid agreement. Such facilities must be located within Broward, Miami-Dade, or Palm Beach Counties. Vendor shall provide OMETS with the current addresses of all such facilities, including as may be modified from time to time. The County reserves the right to inspect all facilities, vehicles, and related records at any time during this contract.

5.3. Vehicles and Transportation Standards . Vendor shall maintain at least one properly equipped transport vehicle or maintain a valid agreement with a licensed and insured decedent removal service. All vehicles shall be van-type and maintained in safe operating condition, suitable for the transport of deceased persons.

Each transport shall be staffed by a minimum of two (2) personnel, including the driver. Vendor shall ensure that all vehicles are properly equipped with a sufficient supply of body bags, gloves, sheets, disinfectants, deodorizers, and required personal protective clothing and equipment, in accordance with applicable state regulations, for the use in indigent cremation and unclaimed remains cases. Vehicles shall also be equipped with a minimum of two (2) one-person stretchers and auxiliary stretchers for use in transporting deceased persons.

5.4. Personnel Requirements . Vendor shall ensure that all personnel are properly trained, professionally presented, and conduct themselves in a respectful and courteous manner.

Vendor shall conduct background checks on all personnel performing services under this contract. All such personnel must be bondable and must not have been convicted of, or entered a plea of guilty or nolo contendere to, any felony, any offense involving moral turpitude, unlawful controlled substance abuse, or driving under the influence (DUI).

Vendor and its employees and subcontractors shall comply with all applicable State of Florida and local traffic laws.

5.5. Licensing Requirements . Licenses required to be held by Vendor or at least one subcontractor of Vendor include, as applicable:

a) A Direct Disposal Establishment license issued by the State of Florida Department of Financial Services Board of Funeral, Cemetery and Consumer Services, as defined in

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Chapter 497, Florida Statutes; or a Funeral Establishment license issued by the same authority, as defined in Chapter 497, Florida Statutes;

b) A Cinerator Facility license issued by the State of Florida Department of Financial Services Board of Funeral, Cemetery and Consumer Services as a "Cinerator Facility," as defined in Chapter 497, Florida Statutes; and

c) A Direct Disposer in Charge license issued by the State of Florida Department of Financial Services Board of Funeral, Cemetery and Consumer Services, as defined in Chapter 497, Florida Statutes, or a Funeral Director in Charge license issued by the State of Florida Department of Financial Services Board of Funeral, Cemetery and Consumer Services, as defined in Chapter 497, Florida Statutes.

Any work performed outside the scope of the Vendor’s licensure must be performed by a properly licensed subcontractor.

5.6. Response Times . Vendor shall facilitate timely and efficient responses to service requests.

Vendor shall respond to all requests for transport within one (1) hour after request for requests for transport from residences or nursing facilities, and within two (2) hours for requests for transport from hospital locations or other locations.

5.7. Transportation Documentation and Reporting . Vendor shall complete and provide a written transportation record for each deceased person. Vendor shall also obtain and retain a copy of the applicable police report, medical examiner report, and/or hospital face sheet to accompany the transportation record. All such documentation shall be maintained in the decedent’s file at the Vendor’s licensed facility upon completion of each transport. For each assigned case, Vendor shall submit all required transportation documentation, together with the OMETS New Unclaimed Remains Case Coversheet, to OMETS via fax or email within forty-eight

(48) hours after taking custody of the remains.

OMETS will acknowledge receipt by returning the OMETS New Unclaimed Remains Case Coversheet via email, which shall include the assigned OMETS indigent/unclaimed remains case number, full name (if known), Social Security number (if known), and other available information of the decedent to be documented on the Florida Department of Health Electronic Death Registration System (EDRS) record.

5.8. EDRS and Death Registration . For each assigned case, Vendor shall enter all required information into the Florida Department of Health Electronic Death Registration System (EDRS) within forty-eight (48) hours after taking custody of the remains, unless such entry has already been completed.

Vendor shall file all required death certificates and burial transit permits in accordance with applicable law and shall immediately notify OMETS of any actual or anticipated delay in meeting required timelines.

5.9. Identity; Relatives . Before final disposition, Vendor shall make a reasonable effort to determine the identity of the decedent and contact any relatives of the decedent.

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5.10. Unclaimed Remains . For unclaimed remains cases, Vendor shall contact the legally authorized person within forty-eight (48) hours after death to determine funeral arrangements or indigent status. If the legally authorized person cannot be identified or located, or if the legally authorized person is claiming indigent status, Vendor shall notify OMETS without delay.

The County shall not be responsible for any charges or fees associated with claimed remains cases or cases not approved in writing by OMETS for indigent cremation. In such cases, the legally authorized person, as defined by Section 497.005, Florida Statutes, shall be solely responsible for all charges and fees incurred by Vendor for removal, storage, and final disposition of the remains.

If there is no legally authorized person and the case is not designated by OMETS as indigent, Vendor shall be solely responsible for all such charges or fees.

For each unclaimed remains case assigned, Vendor must electronically file a certificate of death and burial transit permit, and must start entering the required information into the Florida Department of Health EDRS within forty-eight (48) hours after receipt of the case. If Vendor anticipates or experiences any delay that will prevent compliance with this timeframe, Vendor shall immediately notify OMETS. Vendor must comply with all applicable provisions of Chapter 382, Florida Statutes, and related rules governing death registration and burial transit permits.

If unclaimed remains in the care and custody of Vendor are claimed by the legally authorized person who elects to use Vendor for final disposition, Vendor may proceed with the arrangements as a non-indigent or claimed case and the legally authorized person shall be solely responsible for all charges or fees associated with the case; Vendor shall not invoice County for any charges or fees associated with the case. Vendor shall promptly notify OMETS so that the case may be closed by OMETS.

If unclaimed remains in the care and custody of Vendor are claimed by the legally authorized person who elects to use a different provider for final disposition services, Vendor shall release the remains upon receipt of a properly executed body release signed by the legally authorized person that identifies the receiving provider. The legally responsible person shall be solely responsible for all charges and fees associated with the case; Vendor shall not invoice County for any charges or fees associated with the case. Vendor shall promptly notify OMETS so that the case may be closed by OMETS. If a death record has been initiated in EDRS by Vendor, then Vendor shall coordinate transfer of the EDRS record to the receiving provider by contacting the EDRS help desk at 866-295-5902.

For all indigent or unclaimed remains cases, Vendor shall make a reasonable effort before final disposition to determine if the deceased person was: a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard; eligible for burial in a national cemetery or was the spouse or dependent child of a veteran eligible for burial in a national cemetery; or eligible under 38 C.F.R. § 38.620 for burial in a national cemetery as a veteran of the armed forces. If eligible, Vendor shall deliver the cremated remains to the South Florida National Cemetery in Lake Worth, Florida. A “reasonable effort” for such purposes includes contacting the

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National Cemetery Scheduling Office, the county veterans service office, and/or the regional office of the United States Department of Veterans Affairs.

5.11. Authorization for Cremation . OMETS will provide verbal authorization, followed by written authorization, on a case-by-case basis for Vendor to take custody of a decedent and prepare the remains for cremation after OMETS determines that the decedent is indigent. Vendor shall cremate unclaimed or indigent remains only after receipt of written authorization from OMETS. Prior to cremation, Vendor shall capture a thumbprint of the decedent and maintain it in its records. All referred cases shall be handled and cremated in accordance with all applicable State of Florida law and professional standards of practice.

Vendor must complete cremations no later than ten (10) days after receipt of OMETS’ authorization and completion of all documentation required to lawfully proceed with cremation under Florida law. OMETS reserves the right, at its discretion, to grant exceptions to these timeframes when circumstances warrant, including involvement of other Broward County departments, OMETS, or Broward County Hospital District facilities. Any exceptions must be provided in writing by OMETS in advance.

All preparations for cremation must be performed in a dignified manner. Vendor shall package and store cremated remains (“cremains”) in an appropriate container and in a secure area until release, in accordance with Chapter 497, Florida Statutes, and Rule 69K of the Florida Administrative Code. If shipment of cremains is requested by the legally authorized person in an approved indigent cremation case, all shipping and related costs shall be the sole responsibility of the decedent’s legally authorized person.

Vendor shall store cremains up to ninety (90) days, as required by Chapter 497, Florida Statutes.

If cremains are not claimed within ninety (90) days after cremation, Vendor shall dispose of the cremains by scattering at sea in the Atlantic Ocean off the east coast of Florida, in accordance with Chapter 497, Florida Statutes, and applicable federal requirements, including 40 CFR 229.1(a)(2), at a location not less than three (3) nautical miles from land. Before disposal, Vendor shall make reasonable efforts to determine whether the cremains are those of an eligible veteran (or eligible spouse/dependent child). Vendor shall keep a record of the longitude and latitude coordinates for each case scattered at sea in the case file and provide a copy to OMETS after each scattering.

Vendor is responsible for all costs associated with scattering the cremains at sea. Vendor is also responsible for all costs to deliver the cremains of an eligible veteran or the spouse or dependent child of an eligible veteran approved for disposition at the South Florida National VA Cemetery in Lake Worth, Florida.

Burial services, viewings, religious services, and family services shall not be provided under this contract for cases approved for indigent or unclaimed cremation.

Vendor shall be responsible for electronically filing a certificate of death and burial transit permit for each approved indigent or unclaimed remains cremation case. Vendor shall enter the

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Prior to any cremation, Vendor must obtain cremation authorization in accordance with Chapter 497, Florida Statutes.

5.12. Invoicing . Vendor will invoice only for approved indigent cremation or unclaimed cases assigned to Vendor only after all services, including cremation, have been completed.

Claimed cases and cases not designated by the County as indigent shall not be considered part of this contract, and Vendor shall not invoice County for any costs or services for such cases.

Vendor must submit invoices to OMETS no later than thirty (30) days following the date of cremation for each approved case.