Body removal company asks judge for restraining order

Commission rejected bid from Dayton Mortuary Services on March 20.

A local body removal company is asking a judge for a restraining order to stop the extension of a contract by the Montgomery County Commission, claiming the board did not hold the current service provider to standards they established for bidders.

Dayton Mortuary Services, 4790 Sedgewick Dr., filed the lawsuit on Tuesday in Montgomery County Common Pleas Court.

County commissioners, on March 20, rejected five bids for body removal services for the county coroner’s office, including a proposal from Dayton Mortuary. Instead, the commission extended a contract with GSSP Enterprise, Inc., 410 W. Fifth St. in Dayton, for two years with up to a 6 percent increase. The contract extension is for the fixed rate of $127.99 per body removed, for an estimated 700 to 1,000 bodies.

John Cumming of the Montgomery County Prosecutor’s Office — which by statute acts as lawyer for the county commission and the coroner’s office — said Wednesday a restraining order has been requested, but there has been no action taken by the court. Unless the court rules otherwise, the contract with GSSP will remain in place, Cumming said.

The lawsuit claims the county commission “ignored many relevant factors as established in their bid criteria” such as looking at the financial stability of GSSP,” which has outstanding federal tax liens filed against the company.

All of the new bids also included the cost of body bags, per new county specifications. Since that rule was not in effect in 2008, when GSSP originally was awarded its contract, the county still must absorb that $5 per bag cost during the two-year contract extension, Roy Sigritz, the county’s purchasing director has said.

In the lawsuit, Richard Hunt, attorney for Dayton Mortuary, questions a possible business relationship between Higgins and Ken Betz, director of the Montgomery County Coroner’s Office, while GSSP was under contract with the county. The lawsuit is asking the court to direct the county to award the contract to Dayton Mortuary “as the best and lowest bidder.”

Neither Hunt nor representatives from Dayton Mortuary returned phone calls seeking comment.

GSSP has been the sole provider of body removal service for the Montgomery County for nearly 17 years. The contract extension that GSSP is operating under expires Saturday.

“At this point, we are going to continue providing the county with exceptional and uninterrupted service, unless we hear otherwise,” Brian Higgins, CEO of GSSP, said.

Of the five proposals, RC Transport Service, 1011 Beryl Trail, Centerville, had the lowest at $118.75 per body. That bid was rejected, Sigritz has said, because it was unclear if the company actually was open for business. Dayton Mortuary’s bid, at $119.75 per body, was the second lowest bid. That proposal, however, added a surcharge of $10 per body if the national average price of gasoline exceeds $4 per gallon and $20 per body if the national average exceeds $5 per gallon. Sigritz has said the surcharges potentially could drive up the contract to $139.75 per body.

Contact this reporter at (937) 225-2362 or josmith @DaytonDailyNews.com.

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