03/07/1990 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
M E M 0 RAN DUM
To: Thomas W. Brown, County Administrator
From: Rosalie L. Connolly, Deputy Clerk
Date: April 2, 1990
Subject: Guidance Clinic of the Middle Keys, Inc.
As you know, on March 7, 1990, the Board of County Commissioners
approved and authorized execution of an Agreement with Guidance
Clinic of the Middle Keys, Inc. concerning use of a Waste Water
Treatment Plant for the Marathon Jail Facility.
Attached are two fully-executed copies of the Agreement, one of
which should be sent to the Clinic and the other retained in your
records.
cc: County Attorney R. Ludacer
Finance Director T. Medina
File
AGREEMENT
This Agreement is made and entered into this
.fIi- day of ~~ I A.D. 1990, by and between the COUNTY
OF MONROE, State of Florida ("COUNTY") and the GUIDANCE CLINIC
OF THE MIDDLE KEYS, INC. ("GUIDANCE CLINIC"), whose address is
11399 Overseas Highway, Marathon, FL 33050
WITNESSETH:
WHEREAS, the GUIDANCE CLINIC is currently in the process of
constructing a new facility in Marathon, Monroe County, Florida,
and
WHEREAS, the GUIDANCE CLINIC has a contract to purchase, and
has obtained all necessary permits and authorization for
placement of, a 7500 gallon-per-day Waste Water Treatment Plant
("Treatment Plant") on its property, and
WHEREAS, the COUNTY will be constructing a jail facility on
the property immediately adjacent to the GUIDANCE CLINIC'S new
facility, and
WHEREAS, the COUNTY will be in need of a Waste Water
Treatment Plant for their new jail facility,
NOW,
THEREFORE,
in
consideration
of
the
terms
and
considerations herein, the COUNTY and GUIDANCE CLINIC hereby
agree as follows:
1.
TERM:
This agreement shall remain in effect for a
period of five (5) years, effective on the execution date of the
agreement. Upon concurrence by both parties, this agreement may
be renewed with any and all terms herein being renegotiable, for
10 successi ve three (3 ) year terms af ter the ini tial five (5 )
year term. The COUNTY may terminate the agreement at any time
by providing the GUIDANCE CLINIC written notice at least 180
days in advance.
2. OWNERSHIP OF TREATMENT PLANT: The GUIDANCE CLINIC has
contracted with Monarch Precast Company for installation of a
7500 gallon-per-day Treatment Plant, further described as
Exhibit A of this agreement. The GUIDANCE CLINIC will maintain
full ownership of the Treatment Plant, including the expansion
detailed in paragraph 5 of this agreement.
3. LOCATION OF TREATMENT PLANT: The Treatment Plant,
including the expansion detailed in paragraph 5 of this
agreement, will be located entirely on the property owned by the
GUIDANCE CLINIC in Marathon, Florida, and whose physical address
is 3000-41st St. Ocean, Marathon, Florida 33050.
4. USE OF TREATMENT PLANT: Upon installation,
inspection, and operation of the GUIDANCE CLINIC'S 7500
gallon-per-day Treatment Plant, the COUNTY is authorized, at no
cost to the COUNTY beyond that contained in paragraph 6 of this
agreement, to use the Treatment Plant in the operation of its
jail facility to be located in Marathon, Florida.
5. EXPANSION OF TREATMENT PLANT: Upon execution of this
agreement, the COUNTY will obtain, at its expense, and through
the GUIDANCE CLINIC if necessary, all necessary permits and
authorization for expansion of the Treatment Plant from a 7500
gallon-per-day capacity to 15,000 gallon-per-day capacity for
the use of both the COUNTY and GUIDANCE CLINIC.
After said permits and authorizations are obtained, the
GUIDANCE CLINIC will contract for the expansion of the Treatment
Plant, the cost of which shall be initially paid by the GUIDANCE
CLINIC. The COUNTY will reimburse the GUIDANCE CLINIC for 100%
of those costs in excess of $42,400 (as detailed in Exhibit A of
this agreement) wi thin 30 days of receipt of the contractor's
invoice detailing the work performed.
6. RESPONSIBILITIES OF PARTIES: Upon installation of the
first 7500 gallon-per-day Treatment Plant, the parties'
responsibilities will be as follows:
Utilities- Upon installation of the Treatment Plant,
utilities will be billed to and paid 100% by the GUIDANCE
CLINIC, and will be 100% reimbursed by the COUNTY within 30 days
of the COUNTY'S receipt of the bill, until such time as the
GUIDANCE CLINIC begins utilizing the Treatment Plant. With that
exception, payment of all utili ties will be the sole
responsibility of the GUIDANCE CLINIC.
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 initially by the GUIDANCE CLINIC. The
COUNTY will reimburse the GUIDANCE CLINIC for 100% of these
charges, up to $300.00 per month. The COUNTY will reimburse the
GUIDANCE CLINIC for 50% of those charges in excess of $300.001
reimbursement to be made within 30 days of COUNTY'S receipt of
invoice. If and when the GUIDANCE CLINIC contracts with another
party( ies) to allow connection to the Treatment Plant, these
percentages may be renegotiated.
Unforeseen repairs- The COUNTY will reimburse the
GUIDANCE 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 initially
by the GUIDANCE CLINIC. If and when the GUIDANCE CLINIC
contracts with another party( ies) to allow connection to the
Treatment Plant, these percentages may be renegotiated.
Connections- The COUNTY and GUIDANCE CLINIC will each
be responsible for payment of all charges involving the
connections of their respective facilities to the Treatment
Plant.
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~andscaping- It shall be both parties'
j nt.ent
to
.
provide a visual barrier between the GUIDANCE crJINIC' S fa(~.iltt.y
and the COUNTY'S Jail Facility.
7.
OTH~I<__. .GQSTS :
Other than those expre:ssly ~~p~cified ,tn
this agreement, there shall be no other costs payable by either
party.
8.
~~~~f~IABILITY:
The GUIDANCE CLINIC ~'li] 1 hold
the COUNTY harmless for any and all incident.s t.hat occur ari~ing
from the installat.ion or operation of t.he Trcdtment Pl ant.
9.
~~'tI RE AGREEf1~R~.
'L'his document contai.w..:> the ent.j.rE~
agreement between the COUN'!'Y and the GUIDANCE CL INTC and
supersedes
and
merges
herein
any
ano
all
prior
or'
contemporaneous correspondence, communica.tiollS ano agreements
related to the use of the subject Treatment Plant.
This
agreement cannot be amended except by a vll'itten inst:r"wnent.
signed by the COUNTY and the GUIDANCE CLINJ<; sti:ttiWl that. tt is
an amendment to this agreement.
DATED this 1tl'!.- day -~~r~
Monroe County, Florida.
A.D. 1990, in Key \vcst:,
GUIDANCE CLINIC OF THE
BOARD OF COUNTY COMMISSIONERS
MIDDLE KEYS, INC.
OF MONROE COUN'lry, }.'r:.OF.ID.Il.
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Marjorie Mearns, Pre~ident
ok~
By:
Mayox./Cha1rman
Board of Directors
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:~D~AJ~
7~r0
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David P. Rice, PhD.
Chio! EXecutjv~ Officer
APPROVED AS TO FORM
AND LEGAL SUFF. CIENCY.
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Design Manufacture
Water t Waste Water Treatment Systems
Pump Stations
PRECAST PRODUCTS CO., INC.
Page
PROPOSAL CONTRACT
January 25,1990
TO: Guidance Cbnk of
the Middle Keys Inc.
1 1399 Overseas Ilwy.
Narathon,FL 33050
C/o Dc ]),.lvid Ril'('
PROJEC."l': Gllidance Cl inic Of The t-liddle Keys
Hastewater Treatment System & Pump Station.
SIR: \ve propos(~ to deli iver dnd install the following materials and equipment as
per EnCJineerinq specifications.
1. One 7,500 C.P.D. Honareh Precast concrete \vastevlater Treatment System complete
ft-om i n1et Lo outlet. of plant.
*
Thi~~ systl~m Slld11 contoJ in:
u . SL't tl i ng t,1I11-;: capaci t.y 2,000 gallons.
b.Aeration tank capacit.y 7,500 gallons.
c.Sludge holding t.ank capacity 2500 gallons.
d.Chlorine Contact tank capacity 1200 gallons.
e.Filter or polishing tank, ]8 SF each side.
f. '1'\.;0 Sutorbuilt blovler packages & control panel.
g. All 1)1 umbincJ and appurtenances for a complete hook up.
2. One Monarch Precast concrete Lift Station,to include:
cLOne six fooL diameter six foot deep wet well.
b.One Monarch flmv splitter box.
c.'l\vo Myers 1 h.p. Vortex pumps.
d.Aluminum hatch cover for lid.
e. All necessary pllli~ing and pipin~.
f. Disposal wells.
* Flow equalization will be accomplished by pumping from Lift Station to flow
splitter box. Any changes shall be cleared through Glenn Bee & Assoc.
NOTES: Guidance Clinic / Genaral Contractor shall furnish:
a.Suitable access to plant site.
b.AII necessary permits.
c.Power to Monarch control panels.
d.Any fencing or grass,seeding,sod.
e.Order of conmencment.
Phone (813) 957-7971
.
615 Cypress Road
.
Venice. Florida 34293
Design Manufacture
Water ~ Waste Water Treatment Systems
Pump Stations
PRECAST PRODUCTS CO., INC.
Page 2.
PROPOSAL CONTRACT
January 25,1990
*NClI1drch 5h<111 furnish clll Ne\v equipment which will meet or exceed specifcations.
Total contract price and complete cost of Monarch Precast Products work under
this agreement,~2,400.00
TERMS: 25% of total contract price upon signing this contract $10,600.00
45% of total contract price upon delivery of equipment to site $19,080.00
2oo~ of total contract price upon completion if construction $8,480.00
10010 of total contract price upon inspection by Engineer $4,240.00
Guidance Clinic shall sign Florida UCC-l agreement when equipment is delivered.
Proposed By:
Accepted By:
Precast
Inc.
I2hV~
nR15avid ~
Guidance Clinic Of The Middlekeys
Date:
Jan. 25, 1990
Date:
Jan. 29. 1990
Phone (813) 957-7971
.
615 Cypress Road
.
Venice. Florida 34293
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F'.2 ::
S\\'OR,.",jSTATEMENT UNDER SECTION 2b'7.133(,))(a),
aORIDA STA~ ON RUBUC ENTIn' ClUM.ES
THIS FORM MUST BE SIGNED IN THt: PRESENCE OF A NOTARY PUBLIC OR OnIER OFFICER
AUTHORIZED TO ADMINISTER'OATIIS.
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statement;
This sworn .......cnl is '''''milted with Bid, Pn>~ Or ColtU>ct No. = A)/~
for lk... 1 WA<k uJ~ ~ 1/(1rJf .
This'-'; .........;1 is _Iled by _GviJJ1'>,J~ C/;,.,i G i #.... l>1iJJI", k~ ~. .
(ruune at euUt:)' su miUing sworn statement] .
1139 r 0 ve.u~ Hrf-w'7
1h~'>,FL 330~O
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(ll applicable) its, Federal ~ployer IdentificatJon N~ber (F.EIN) is _ 5 '.....)L.J~-f3~ ~ _'
(If tb.e entity has no FEIN, Lttelude the Social Security Number of the individual signing this swam
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-= and my relationship to the
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whose business address is
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(pJease pri.ttt name of JndJriduaJ stglling]
C1111r:y - - Is ~'1 l?X&.Wt.... afC,C(J(, _
I understand that a "public ,entity crime" as detincd in Paragraph 287.133(1)(g); F}oridu StatqlUt
means a violation at any State or. tedera!law by a person With respect to and directly related to tbe
transaction ot b~iness with any ,public entity or with an agency or poUlica! subdivision of any OUler
state or with tbe United States, including, but not limited to, ~ny bid or conuact for goods or
services to be provided to any public entity or an agency or poUtical subdivision ot an} otb"t" Slate
or ot the United States. and inYOMng antitrus~ fraud, theft, bribety, COllusion, "ring;
conspiracy. or material misreprC$entatiotl..
My name is_
4.
S. I undel1tand th,t MCOnvi=ed- or -COnviction- as defined in Paragraph 287.133(1)(b). Florida Statutes~
means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of
guilt, in any federal or state trial coun of recotd relating to cbatges broUght by indictment or
infOrntation alter July 1, 1989; a$ a re.o;uJt ot a jury verdict, .t1cnj~ tIial, or entry' ot a plea of guilty
or noJo COntendere.
6. I understand that an -affiliate- as defined in Paragraph 287.133(1)(a), FlOrida S~tutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the COntrol of any natural person who is active in the management of the
entity and who as! been conVicted of a pUblic entity crime. The tellD -affiliate' includes those
office~j directors, executives; partners, shareholders, employees, members, and agents who are active
in .\ - Jgement ot an affiliate. The ownership by one person ot snares constituting a controlling
interest in another pe~on, or a pooling of equipment or income among persons when not for fair
marker value under an arm's length agreement. shall be a prima facie c:ase that one pe~on conuols
another person. A person who knOwingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months Shall be considered an
affilia 1 e. .
7. · und""..nd lIIat . 'person' .. dofined in Paragtaph 287.133(1)(0), FlOrid" S\l!lblo. .,ca.. any
natural person or entity organized under the laws of any State or of the United States With the legal
power to enter into a binding COntract and Which bids or applies to bid on COntrZlcts tor the proVision
of goods or services Jet by a public entity, or which otherwise transacts or applies to tr:msaCl business
with a public entity. The term Rperson~ includes those officers, direCtors; executives, p:mners,
sharehOlders. employees, members. and agents who are active in mantJgement of an entity. .
8. Based on infonnation an.dbelief, the statement which I ha\'e marked below is true in relation to th.e
emity sUbmi[ting this Sworn statement. (Please indicate which StiltcJ:Qen~ applies.)
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pSrlncn;, 5hareholders. employees. tnen,bct!i. or agents who arc aaive in. managemtnt of tht t!o.tio/,
not any attlHare of fh~ trUilY ha\:t bl:~n ("hir~ed \\1~ and COn.'Ji~Ic:d of a public efltuy crime
Sub)~l.fent to July,. ] 989. .
- The entity ~"'bUliUing this ~worn IlaleQ\enc. or ODe or moce ot the otCic:.n. directQI'S.
execlIciv<:l, panMU, $h.tehOldtrs. employ~es. members,. Or agtzus who art active ;a manasemezn: of
the e:uhy. or an a!1lliare ot ;he cntity ,1\&$ been \%Ir&<4 with a.Qd COcvictfd of a pubUc c=dcy crime
~ub$eq\leat to Jol)' 1. 1989. Al:iQ {,Jeel.,. Indicate "'hlds addltlonA' $tAUtment .pp,i4s.]
'. ''her~ bu been I procc.e<ltn, CODI:er:uinllM c:ou.VfCUo.Q bel ore a '"beatfDg' Offi~r of
'ffiiStale or f'Jori4ota. Divi5iou ot Admi:lislratJve Hearinp. Tlle rmal ordtr enter~d by the
b~rial O€Ccer did. not pl~(:C. the pe.JS911 OJ' at.tWa1.e OA tbe CQQvtctcd \leador list. tl'l~$4
aczaeb _ COpt or the' nn_1 ~rd~.J' .
The persou tJt' a4Uialt WU plK.e4 OIl ~b~ cocviC'Ce4 '/fcdor Un. Tlu:r. "liS beeA a
iUbUqueru Pl~ni before a licarinC oUicer ot tbe. State ot FlOridaJ OtVisit'Q of
MO\1t\.lstrati\'e Heafiup. 'lb. 4naJ or4e: entered by the h~e ()ff!c.er dctermi.t\ed tha( it .
\fIlS 10 tbe:. publf.e un<<resc to remove the porsori or aUiliatc from the COuvllAtd vendor li:it.
[J!leUt uituch . ~pr or Utt tlnA' onSorJ .
nie. penon or atiiUatt hu 2\Ol been placed OD lb. COs.vieted \ffmdor Un. (plwsc
d~c:ribe an)' actlon CAkf:A by Qr Pfudlnc WiCb the DtPlu"tIUnt or Certet'lllf Servit'es.J
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(~ianaatu;ef7
Marc~ 27 I .1J.22....___H. _
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PalO:
STAn: OF -""" Flol"'~da
COUNTY <)1' ~~e__
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PERSONAlLY APPEARED BEFORE ME, Ule UDdersipc4 3VthQriry,
DaVid P. Rice. Ph.D.
- (name of lndhicluaJ sliftT;aJ
in thl ~pace pre'llide4 above OJ) Ih.b -2.llE,.... day Qt ~~~_,., 19 90~,
- "'- wbo. .flt, fi.r$l being $WOflI by rue. atttced hislber siguat'Ure
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" . NOTARY PUBUl;
Carol Ann Sm1th
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NOYARY PU8~le. $TAT& Of' FI..O~jIM
MY COJ\i~H';lSlON IlX~IRES MAR, 2. 19~'.
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For::l PUR 7068 (Rev. 11J8~)