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City of Colton <br />Agenda Report <br />Council Meeting of December 7, 1999 <br />Page 2 <br />designed to address the rudimentary question, "should the City of Colton be in the <br />Cemetery business?" Staff believes the proposed agreement provides the answer to <br />that question. The answer is no, the City does not belong in the Cemetery Business. <br />A qualifying response to the RFP was received from InlandMemorial, Cremational <br />and Burial Society. The response to the RFP was reviewed by staff and the City <br />Attorney and converted into suitable legal format to be reviewed by the "evaluation <br />team" as established by the RFP and by the Cemetery Commission. The evaluation <br />team and the City Cemetery Commission reviewed the Agreement and both of those <br />bodies recommended that the Agreement be forwarded to the City Council for review <br />and recommended approval. <br />DISCUSSION/ANALYSIS: <br />During the discussions surrounding the RFP four basic options were presented with <br />the most viable one being to test the market (RFP). The other three options included <br />complete divesture, continued operations with an increased investment (in order to <br />compete in the marketplace), or to simply maintain the status quo and do nothing. <br />The beauty of the RFP option as demonstrated by the proposed agreement is that we <br />have the opportunity to enhance the physical features at Hermosa, improve and <br />modernize record keeping systems at Hermosa; increase the level of service provided <br />to the community, and to turn a historical financial drain into a modest financial gain <br />for the City of Colton. <br />Highlights of the Proposed Agreement <br />❑ Essentially, the Agreement proposes a 55 -year lease of the premises (both the <br />developed and the undeveloped portions of the property). <br />❑ The Lessee pays twelve percent (12%) of the total amount of gross revenues <br />from all services performed to the City of Colton. <br />❑ The Lessee shall maintain ledgers, books of account, invoices, vouchers, <br />cancelled checks, contracts, purchase agreements and computerized <br />inventory logs of occupied and unoccupied plots, customer complaints, <br />employee training, inventory, and maintenance logs. <br />u The Lessee shall assume existing pre -need obligations (the approximately <br />$155,000 mentioned earlier in this report) in exchange for the cemetery <br />specific assets to be listed in Attachment 1 to the Agreement. <br />❑ The Lessor may terminate the Agreement in the event of a material breach not <br />cured within the parameters delineated in the Agreement. <br />❑ Lessor establishes the minimum prices to be charged for internment rights, <br />merchandise and services. The minimum prices shall initially be those prices <br />currently in effect at Hermosa. Prices charged to customers shall be <br />established by the Lessee and shall not be less than the minimum prices <br />established by the Lessor and must be competitive with those prices charged <br />by other cemeteries in the trade area (the market). <br />