2nd Renewal 02/11/1998
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAnION, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
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MEMORANDUM
TO: Dent Pierce
Director of Public Works
FROM:
Attention: Facilities Maintenance
Ruth Ann Jantzen, Deputy Clerk ~.
March 10, 1998
DATE:
------------------------------------------------------------------------------------------------------------~-----------
On February 11,1998, the Board of County Conunissioners granted approval
and authorized execution of a Renewal Agreement between Monroe County and The
Guidance Clinic of the Middle Keys, Inc., for use of their wastewater treatment plant by
the Marathon Detention Facility.
Enclosed please find a fully executed duplicate original of the above Agreement
for return to The Guidance Clinic.
If you have any questions concerning the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
THE GUIDANCE CLINIC OF TIlE MIDDLE KEYS, INC.
3000 41st STREET OCEAN
MARATHON, FLORIDA 33050
(305) 743-9491
FAX (305) 743-4659
January 22. 199R
Cartos Zarate, Director
Public Facilities Maintenance
35R3 South Roosevelt Boulevard
Key West, FL 33040
RE: AGREEMENT FOR USAGE OF SEWAGE TREATMENT PLANT
Dear Mr. Zarate:
Thank; you for alerting us to the renewal date of the agreement between Monroe County and the
Guidance Clinic relative to the use of our sewage treatment plant. We Wish to continue this
agreement with the County under the same conditions.
Please send the renewal agreement to David P. Rice, Ph.D., Chief Executive Officer, at the
above address for execution.
Thank you.
Debbie Barsell. MSW, CAP, MAC
Director of Operations
cc; David P. Rice, Ph.D., CEO
JoAnn Orr, CFO
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!ll . f"'UES
RENEWAL AGREEMENT
(Use of Wastewater Treatment Plant)
THIS Renewal Agreement is made and entered into this 11th day of
February, 1998, between the MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE
CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41st Street
Ocean, Marathon, FL 33050.
WITNESSETH:
WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant")
on its property, and
WHEREAS, the County paid for an upgrade to the Treatment Plant to service
their jail facility adjacent to the Clinic,
NOW, THEREFORE, in consideration of the terms and considerations herein,
the County and the Clinic hereby agree as follows:
1. TERM: This agreement shall remain in effect for a period of three
years, effective March 7, 1998. Upon concurrence by both parties, this
agreement may be renewed with any and all terms herein being ren~~~tiabl~~ f~
eight successive three (3) year terms, in accordance with the ini;tlal: fiv.Q (51
year agreement effective March 7, 1990, as amended on April 19~': )995 .~.: Tlj~
County may terminate the agreement at any time by providing the C~+O\~ w~t~~
notice at least 180 days in advance. ' -~)
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2. OWNERSHIP OF TREATMENT PLANT: The Cllnlc wlll mM;nta~n ::fu11q
. -i("). . ,'"
ownership of the Treatment Plant, as expanded under the prlor agre~~ .r;: >.:,
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3. LOCATION OF TREATMENT PLANT: The Treatment Plant, iIltilu'ding-the-J
expansion, is located entirely on the property owned by the Clinic in Marathon,
Florida, and whose physical address is 3000 41st Street, Ocean, Marathon, FL
33050.
4. USE OF TREATMENT PLANT: The County is authorized, in exchange for
the consideration specified in paragraph 5 of this agreement and past
consideration of installing the expansion of the Treatment Plant, to use the
Clinic I s Treatment Plant in the operation of its jail facility located in
Marathon, Florida.
5. RESPONSIBILITIES OF PARTIES:
A. Utilities - Utilities will be billed and paid 100% by the Clinic.
B. Monthly Maintenance and Operation - 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 $300.00 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 $300.00 per month. The
County will reimburse the Clinic for 50% of those charges in excess of $300.00,
reimbursement to be made within 30 days of County's receipt of invoice. If
routine maintenance costs consistently and significantly deviate from $300.00
per month, these percentages may be renegotiated.
C. Unforeseen Repairs - The County will reimburse the Clinic for 50%
of all unforeseen or emergency repairs to the Treatment Plant after the
expiration of the warranty period. Such repairs will be contracted for and
paid by the Clinic, with documentation to be provided to County to support
raquests for reimbursement of County's share. These percentages may be
renegotiated from time to time as revisions to, or new repair and maintenance
contracts are required.
D. Connections - The County and Clinic will each be responsible for
payment of all charges involving the connections of their respective facilities
to the Treatment Plant.
E. Landscaping - It shall be both parties' intent to provide a
visual barrier between the Clinic's facilities and the County's Jail Facility.
6. OTHER COSTS: Other than those expressly specified in this
agreement, there shall be no other costs payable by either party.
7. INSURANCE/LIABILITY: The Clinic will hold the County harmless for
any and all incidents that occur arising from the operation of the Treatment
Plant.
8. ENTIRE AGREEMENT: This document contains the entire agreement
between the County and the Clinic and supersedes and merges herein any and all
prior or contemporaneous correspondence, communications and agreements related
to the use of the subject Treatment Plant. This agreement cannot be amended
except by a written instrument signed by the County and the Clinic stating that
it is an amendment to this agreement.
," IB'WITNESS WHEREOF the parties
..dd..~..o~.~~.J :~ij~'~."~~..~~~r.st above written.
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Attest: bA'NNY L. KOLHAGE, CLERK
hereto have executed this Agreement the
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY'~~~
GUIDANCE CLINIC OF THE
MIDDLE KEYS, INC.
(SEAL)
Attest:
By' jJ}f< //g
, Chief ExecutiVe Officer
BY:~~
President