07th Renewal 03/20/2013AMY HEA VILIN
CLERK OF THE CIRCUIT COURT
DATE: April 5, 2013
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Pamela G. Hanc�cw.. c
At the March 20, 2013, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
Item C5 Revised Agreement with Sheriff Richard A. Ramsey to provide office space to the
Monroe County Sheriff's Department at the Murray E. Nelson Government and Cultural Center
in Key Largo, FL.
Item C6 Renewal Agreement with Guidance /Care Center, Inc. for wastewater treatment
processing from the Marathon Detention Facility.
Enclosed is a duplicate original of each 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
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RENEWAL AND AMENDMENTTO AGREEMENT
(Use of Wastewater Collection System by the Marathon Detention Facility)
THIS Renewal Agreement is made and entered into this 20th day of March 2013, between
the MONROE COUNTY, FLORIDA ( "County ") and GUIDANCE /CARE CENTER, INC. ( "Center "),
whose address is 3000 41st Street Ocean, Marathon, FL 33050.
WITNESSETH:
. WHEREAS, the parties hereto did on March 7, 1990 enter into an agreement for use of
wastewater treatment plant by the Marathon Detention Facility (hereinafter "Original Agreement "); and
WHEREAS, the parties hereto did on April 19, 1995 exercised the first option to renew this
agreement; and
WHEREAS, the parties hereto did on February 11, 1998 exercised the second option to renew
this agreement; and
WHEREAS, the parties hereto did on February 21, 2001 exercised the third option to renew
this agreement; and
WHEREAS, the parties hereto did on August 15, 2001 amended the original agreement to increase
reimbursement costs to the Contractor, and
WHEREAS, the parties hereto did on February 18, 2004 exercised the fourth option to renew
this agreement; and
WHEREAS, the parties hereto did on March 21, 2007 exercised the fifth option to renew this
agreement; and
WHEREAS, the parties hereto did on April 18, 2007 amended the original agreement to increase
reimbursement costs to the Contractor, and
WHEREAS, on March 17, 2010, The Guidance Clinic of the Middle Keys, Inc. assigned all of its
right, title and interest in and to the Original Agreement to the Guidance /Care Center, Inc.
WHEREAS, the parties hereto did on March 17, 2010 exercised the sixth option to renew this
agreement; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the Guidance /Care Center, Inc. is needing to decommission the Treatment Plant with
the water collection system to be extended to the new Municipal sewage collection system and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this seventh
renewal agreement and;
NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the
Center hereby agree as follows:
1. In accordance with Article 1, TERM, of the Original Agreement, the County exercises
the seventh of ten successive 3 -year renewal options provided for in the Original
Agreement. This term will commence on March 7, 2013 and terminate March 6, 2016.
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2. Paragraph 2 of the original Agreement "Ownership of Treatment Plant ", currently
reads as follows:
"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."
Shall be amended to read:
"Upon decommissioning of the Treatment Plant, the Center shall maintain ownership of
the wastewater collection and delivery system for the Center's facilities of which is on
Center's property and includes the Influent Manhole, Primary Lift Station and Force
Main connecting to the Municipal collection system. The County will take ownership of
the Marathon Jail's collection and delivery system of which is on County property and
includes the Secondary Lift Station and Force Main from the Secondary Lift station to
the Influent Manhole."
Paragraph 3 of the original Agreement "Location of Treatment Plant ", currently reads as
follows:
"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."
Shall be amended to read:
"The Center's wastewater collection and delivery system will be located entirely on the
property owned by the Guidance /Care Center, Inc. whose physical address is 3000 41' St.
Ocean, Marathon, Florida 33050. The Marathon Jail's wastewater collection and delivery
system is located on property owned by Monroe County with the Marathon Jail's physical
address being 3961 Ocean Terrace, Marathon, Florida 33050."
Paragraph 4 of the original Agreement "Use of Treatment Plant ", currently reads as follows:
"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."
Shall be amended to read:
"With the exception of County's reimbursement to the Center of a portion of expended
Engineering Fees for the design of the Center's new waste water collection and delivery
system of $5,250.00 or 50% of Engineering Fee expenditure; upon the installation,
inspection and operation of the Center's waste water collection and delivery system, the
County is authorized, at no cost to the County beyond that contained in paragraph 5 of this
agreement, to use the Clinic's waste water collection and delivery system of which is
limited to the Influent Manhole, Primary Lift Station and Force Main connected to the
Municipal collection system. Invoicing and documentation acceptable to the Clerk of Court
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shall be provided by the Center for County reimbursement"
5. Paragraph 6 of the original 1990 Agreement "Responsibilities of Parties" and was partially
amended April 18` 2007 reads as follow:
"1. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" as
amended February 11, 1998, August 15, 2001 and March 18, 2007" ... "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.
Shall be amended to read:
"5. Responsibilities of Parties:
A. Utilities — The Florida Keys Aqueduct Authority will invoice the Center and the
County each for their own water and wastewater use. It is the responsibility of the
Center and the County to pay for their respective utilities.
B. Monthly Maintenance: For any ongoing maintenance agreements or charges the
Center may incur for maintaining the Primary Lift Station, located on Center's property,
the County shall reimburse the Center for 50% of these charges. For any ongoing
maintenance agreements or charges the County may incur for maintaining the
Secondary Lift Station located on County property, the County shall pay 100% of these
charges. Invoices and documentation acceptable to the Clerk of Court shall be provided
by the Center for County reimbursement.
C. Unforeseen Repairs: The County will reimburse the Center for 50% of all
unforeseen or emergency repairs to the Influent Manhole or Primary Lift Station located
on Center's property. The County will pay 100% of all unforeseen or emergency
repairs to the Secondary Lift Station located on County property. Invoices and
documentation acceptable to the Clerk of Court shall be provided by the Center for
County reimbursement.
D. Connections: The County will be responsible for payment of all charges for the
connection of the County's force main into the Center's Influent Manhole located on the
Center's property. Otherwise, the County and the Center will each be responsible for
payment of all charges involving the connection of their respective facilities to the
Municipal collection system.
6. Except as set forth above of this Seventh Amended Renewal Agreement, in all other
respects, the terms and conditions set forth in the Original Agreement, as renewed and
amended, remain in full force and effect.
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IN WITNESS WHEROF, the parties have hereunto set their hand and seal, the day and year
first written above.
(Seal)
Attest: Amy Heavilin, Clerk
B�
Deputy Clerk
GUIDANCE CARE /CENTER INC.
Normy PL" By:
VATEOFNEVADA Richard E. Steinberg
(9 *Ccmrt "EvkW?- -1614 President and Chief Executive Officer
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
Mayor/ irman 5
(Corporate Seal)
COUNTY
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