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2nd Amendment 04/18/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 8, 2007 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Han~ Deputy Clerk l-JD At the April 18, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc, for wastewater treatment processing from the Marathon Detention Facility. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc County Attorney Finance File./' AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this /f.e:!. day of April, 2007, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41" Street Ocean, Marathon, FL 33050, in order to amend the Agreement between the parties dated March 7,1990, as amended April 19, 1995, as renewed on February 11,1998 and February 21", 2001, as amended August 15, 2001, as renewed February 18,2004 and March 21, 2007 (copies of which are incorporated hereto by reference); as follows: 1. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" as amended April 19, 2001 and August 15,2001, currently reads as follows: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $500.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $500.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $500.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $500.00 per month, these percentages may be re-negotiated." Shall be amended to read: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $580.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $580.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $580.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $580.00 per month, these percentages may be re-negotiated." 2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $580.00 per month including 50% of those charges in excess of$580.00 will be retroactive from the date of renewal, March 7, 2007, approved on March 21,2007. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, renewed on February 11, 1998 and February 21st, 2001, amended August 15, 2001, renewed February 18,2004 and March 21, 2007, remains in full force and effect. 4. i\1onroe,S;ounty's performance and obligation to pay under this contract is contingent upon an annual apprGpriatiOnby the BOCC. IN WI'h,ffiSS V/HEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) . .. . Attest: DANNVL,KOLHAGE, CLERK B~a~~ f5 N :c:,_~puty Clerk L; :: . .'-'i- l;.... Q... (S~) At6t: "- c:' W ....J By'- '\..- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~4~ Mayor/Chairman >- w -'z wn: wO wI- <~ 0>- 5'iz w::> zO wI- ~z 1-1- <<fl Zoo <fl << <D 'iii Cl By: ~~'~~ cc ,j.<..) I :.:::,." >- >- ....0 ~n 4: r-. - <;]'\. "" ..... ief Executive Offic~ GUIDAN E CLINIC OF THE MIDDLE \1YS, INC. By: