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Item C32r County of Monroe The Florida Keys Commissioner David Rice 9400 Overseas Highway, Ste. 210 Marathon Airport Terminal Building Marathon, FL 33050 PH.: 305-289-6000 EM: rice-david(iDmonroecounty-fl.eov Office EM: boccdis4nmonroecounty-fl.eov BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum AMENDED Date: October 19, 2016 To: Amy Heavilin, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: AMENDED NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the October 19, 2016 BOCC meeting, I will abstain from the vote on the following item(s): #C32, C37Q), C38, C39 Copy of agenda item(s) attached for documentation. County of Monroe The Florida Keys Commissioner David Rice 9400 Overseas Highway, Ste. 210 Marathon Airport Terminal Building Marathon, FL 33050 PH.: 305-289-6000 EM: rice-davidCa,monroecounty-fl.¢ov Office EM: boccdis4(a)monroecounty-fl.2ov BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District l David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum Date: October 12, 2016 To: Amy Heavilin, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the October 19, 2016 BOCC meeting, I will abstain from the vote on the following item(s): #C32, C38, C39 Copy of agenda item(s) attached for documentation. ■ County of Monroe BOARD OF COUNTY COIVIMISSIONERS Mayor Heather Carruthers, District 3 The Florida Keys r Mayor Pro Tem George Neugent, District 2 Danny L. Kolhage, District I y David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.32 Agenda Item Summary #2206 BULK ITEM: Yes . DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Doug Sposito (305) 292-4416 None AGENDA ITEM WORDING: Approval of the Eighth Renewal to Agreement with the Wo or use of the wastewater treatment plant by the Marathon Detention Facility. Estimated amount Fl0,000. ITEM BACKGROUND: The agreement with Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility expired on March 6, 2016. In accordance to Article 1 of the original Agreement dated March 7, 1990, the agreement may be renewed for ten successive three year terms, after the initial five year term. This will be the eighth renewal option leaving two additional successive three year terms available. PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, the BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an additional three years, with renewal options. On February 11, 1998, the BOCC approved the second three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August 15, 2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On February 18, 2004, the BOCC approved the fourth three-year renewal term. On March 21, 2007, the BOCC approved the fifth three-year renewal term. On April 18, 2007, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $500.00 per month to up to $580.00 per month. On March 17, 2010 the BOCC granted approval of Consent to Assignment and Assumption and Assignment Agreement and approved the sixth three-year renewal term. On March 20, 2013 the BOCC approved the seventh three-year renewal term with considerations of being connected to the Marathon Central wastewater system. CONTRACT/AGREEMENT CHANGES: Renewal Agreement shall commence on March 7, 2016 and terminate on March 6, 2019. STAFF RECOMMENDATION: Approval LF�acket Pg. S23 C.387 . I County of Monroe BOARD OF COUNTY COMMISSIONERS ' Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tenn George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.38 Agenda Item Summary #2231 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGUV A,. ITEM �IVORDING• Guidance/Care 41lllbr - Approval of agreements with I_GuidaaceiCare CentdFfor FY17 AWC1 TrAQQQAAiaas Pry community Transportation for the Disadvantaged, the Substance Abuse Mental Health local match funding and the Jail In -House Program. ITEM BACKGROUND: The Baker Act Transportation funding is $145,000 for FY17, the same amount as in prior year. The Community Transportation for Disadvantaged Program has a slight increase for FY17 required local match in the amount of $47,355. The Substance Abuse Mental Health (SAMH) local matching funds for FY17 remains the same at $690,000. A copy of the agreements requiring match are attached. The Jail In -House Program (JIP) recommended funding for FY17 is $133,284, the same amount awarded in the previous year. PREVIOUS RELEVANT BOCC ACTION: The FY17 funded amounts were included in the County budget process. Annually the County has provided the required local matching funds for SAMH and Baker Act Transportation services as well as discretionary funding for JIP. CONTRACT/AGREEMENT CHANGES: N; A STAFF RECOMMENDATION: Approval DOCUMENTATION: GCC_SAMH_FY 17_SIGNED GCC-Transportation_FY17 SIGNED _2016-09-29 CrC'C'-TTP FY17 SICrNF:T) 2016-09-29 FINANCIAL IMPACT: Pack _Pg.1114 County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 S' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.37 Agenda Item Summary #2227 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: HSO Agreements - Approval of Fiscal Year 2017 contracts with non-profit organizations funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB). ITEM BACKGROUND: The Human Services Advisory Board met on July 27, 2016 and made recommendations to the BOCC. A listing of the funding recommendations is attached. The recommendations were approved as part of the County budget process. PREVIOUS RELEVANT BOCC ACTION: Annually the BOCC accepts recommendations by the Human Services Advisory Board for funding of non -profits providing needed services to the residents of Monroe County. For FY 16 the BOCC approved $1,927,860 in human service funding. As a part of the budget process the BOCC approved $2,000,000 in funding for the FY 17 funding cycle. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: C 01- � z` /Wa r-q `X _j_ ti ) [0C — n � FY 17 Final HSAB Recommendations Aids Help _FY17_SIGNED _2016-09-30 Anchors Aweigh_FY17_SIGNED_2016-09-30 Boys & Girls Club _FY17_SIGNED_2016-09-29 Burton Memorial_FYI7_SIGNED_2016-09-27 Florida Keys AHEC_FYI7_SIGNED_2016-09-27 Florida Keys Children's Shelter_FY 17_SIGNED_2016-09-27 Florida Keys Healthy Start_FY 17_SIGNED_2016-09-29 Florida Keys Outreach Coalition_ SIGNED _2016-09-30 C Y) GCC-Heron FY 17 SIGNED 2016-09-29 Good Health Clinic _FY17_SIGNED _2016-09-26 Grace Jones _FY17_SIGNED _2016-09-28 Heart of the Keys_FY17_SIGNED _2016-09-30 S Hospice _FY 17_SIGNED_2016-09-27 Independence Cay_FY 17_IGNED_2016-10-03 KAIR FY17 SIGNED 2016-10-03 Keys to be the Change_FYI7_SIGNED_2016-10-03 Kids Come First_FYI7_SIGNED_2016-10-03 Literacy Volunteers_FYI7_SIGNED_2016-09-29 MARC _FY 17_SIGNED_2019-09-28 Rural Health Network-10-02 Samuel's House _FY17_SIGNED-2016-09-28 Star of the Sea FYI7_SIGNED_2016-09-29 Voices for Florida Keys Children_FY17_SIGNED_2016-09-28 Wesley House_FY17_SIGNED_2019-09-30 Womankind FY17 SIGNED 2016-09-30 FINANCIAL IMPACT: Effective Date: 10/01/2016 Expiration Date: 09/30/2017 Total Dollar Value of Contract: $1,970,000 Total Cost to County: $1,970,000 Current Year Portion: $1,970,000 Budgeted: Yes Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: If yes, amount: 10/19/16 001-03202 • HOSPICE OF FLORIDA KEYS 10/19/16 001-03232 - MARC $190,000.00 10/19/16 001-03235 - FL KEYS CHILDRENS SHELTE 10/19/16 001-03236 - WESLEY HOUSE 10/19/16 001-03215 - WOMANKIND $140,000.00 10/19/16 001-03241 • BOYS AND GIRLS 10/19/16 001-03214 • SAMUEL'S HOUSE $190,000.00 $189,000.00 $169,000.00 $110,000.00 $100,000.00 10/19/16 001-03246 • STAR OF THE SEA FOUNDATI $100,000.00 10/19/16 001-03206 - FL KEYS OUTREACH COALITI $90,000.00 10/19/16 001-03226 - GOOD HEALTH $90,000.00 10/19/16 001-03239 • FL KEYS AREA $65,000.00 10/19/16 001-03240 - RURAL HEALTH $62,000.00 10/19/16 001-03262 • KEYS TO BE THE CHANGE $60,000.00 10/19/16 001-03224 - GRACE JONES $55,000.00 10/19/16 001-03225 - AIDS HELP $55,000.00 10/19/16 001-03259 • THE HERON $47,000.00 10/19/16 001-03205 • LITERACY VOLS OF AMERICA $40,000.00 10/19/16 001-03242 - FL KEYS HEALTHY START $40,000.00 10/19/16 001-03253 • HEART OF THE KEYS YTH CT $40,000.00 10/19/16 001-03260 • KIDS COME FIRST -FL KEYS $33,000.00 10/19/16 001-03243 • KEYS AREA INTERDENOMINAT $30,000.00 10/19/16 001-03247 - INDEPENDENCE CAY $30,000.00 10/19/16 001-03255 • ANCHORS AWEIGH $20,000.00 10/19/16 001-03261 • VOICES FOR FL KEYS CHILD $15,000.00 10/19/16 001-03256 • BURTON MEMORIAL UMC $10,000.00 Total: $1,970,000.00 REVIEWED BY: Tina Boan Skipped 10/04/2016 4:43 PM Christine Limbert Completed 10/04/2016 5:26 PM Maria Slavik Completed 10/05/2016 7:19 AM Kathy Peters Completed 10/05/2016 1:45 PM Board of County Commissioners Pending 10/19/2016 9:00 AM FY17 HSAB Recommendations NO. APPLICANTS FY17 AMOUNT RECOMMENDED 1 Kids Come First in the FL Keys 33,000 2 Monroe Association for ReMARCable Citizens 190,000 3 Florida Keys Area Health Education Center 65,000 4 Star of the Sea Foundation 100,000 5 Literacy Volunteers of America 40,000 6 Grace Jones Community Day Care Center 55,000 7 Florida Keys Outreach Coalition 90,000 8 Samuel's House 100,000 9 Burton Memorial United Methodist Church 10,000 10 Womankind 140,000 11 Heart of the Keys Recreation Assoc. 40,000 12 Keys to Be the Change 60,000 13 Keys Area Interdenominational Resources 30,000 14 Independence Cay 30,000 15 AIDS Help 55,000 16 Boys & Girls Club 110,000 17 GCC - The Heron 47,000 18 Autism Society of the Keys 0 19 Southernmost Homeless Assistance League 0 20 Anchors Aweigh Club 20,000 21 Hospice of the Florida Keys (VNA/Hospice) 190,000 22 Voices for Florida Keys Children 15,000 23 Florida Keys Children Shelter 189,000 24 Good Health Clinic 90,000 25 Wesley House 169,000 26 Domestic Abuse Shelter 30,000 27 Rural Health Network 62,000 28 A Positive Step of Monroe County 0 29 Florida Keys Healthy Start Coalition 40,000 TOTAL: $ 2,000,000 AMOUNT AVAILABLE: $ 2,000,000 BOARD OF COUNTY COMMISS1, County of Monroe == Mayor Heather Carruthers, District 3 The Florida Keys ,1 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District t David Rice, District 4 Sylvia J. Murphy, District 5 County Conunission Meeting October 19, 2016 Agenda Item Number: C.39 Agenda Item Summary #2235 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: Direct Funded Agreements - Approval of Fiscal Year 2017 contracts with Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts and the for Board of County Commissioners direct line -item funding. ITEM BACKGROUND: The Florida Keys Council of the Arts and the Historic Florida Keys Foundation, Inc. have historically been funded directly by the BOCC. The amount of FY17 funding remains the same as funding received in the prior year. PREVIOUS RELEVANT BOCC ACTION: As a part of the County budget process, for FY17, the BOCC approved funding in the amount of $69,300 to Florida Keys Council of the Arts and $32,450 to the Historic Florida Keys Foundation, Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Florida Keys Council of the Arts _FY17_SIGNED _2016-09-30 Historic Florida Keys Fndt_FY17_SIGNED_2016-09-SIGNED FINANCIAL IMPACT: Effective Date: 10/01/2016 Expiration Date: 09/30/2017 Total Dollar Value of Contract: $69,300 (Florida Keys Council of the Arts); $32,450 (Historic Florida Keys Foundation) acket Pg. 14T7 Cheryl Robertson From: Lamarche -Tamara <lamarche-tamara@monroecounty-fl.gov> Sent: Wednesday, October 19, 2016 10:39 AM To: Amy Heavilin; Cheryl Robertson Cc: Rice -David Subject: AMENDED Notice of Voting Conflict Memo Oct 19 2016 Attachments: AMENDED NVC Rice Oct 19 2016a1.docx.pdf Please find attached an amended Notice of Voting Conflict Memo for Comm. Rice regarding items on the October 19, 2016 BOCC agenda. Item C37(J) HSAB funding contract for Guidance Care Center — Heron House was held out from the agenda and Comm. Rice abstained from the vote. The packet is complete with amended memo and additional backup documentation, and the original memo packet submitted for the record. Hard copy will be sent down in the courier. Tamara Lamarche Executive Assistant Commissioner David Rice District 4 Commissioner Monroe County Board of Commissioners 9400 Overseas Highway, Ste. 210 Marathon, FL 33050 Ph: 305 289-6000 Fx: 305 289-4610 "How wonderful it is that nobody need wait a single moment before starting to improve the world." -- Anne Frank Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� ' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.32 Agenda Item Summary #2206 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Doug Sposito (305) 292-4416 None AGENDA ITEM WORDING: Approval of the Eighth Renewal to Agreement with the Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated amount $10,000. ITEM BACKGROUND: The agreement with Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility expired on March 6, 2016. In accordance to Article 1 of the original Agreement dated March 7, 1990, the agreement may be renewed for ten successive three year terms, after the initial five year term. This will be the eighth renewal option leaving two additional successive three year terms available. PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, the BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an additional three years, with renewal options. On February 11, 1998, the BOCC approved the second three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August 15, 2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On February 18, 2004, the BOCC approved the fourth three-year renewal term. On March 21, 2007, the BOCC approved the fifth three-year renewal term. On April 18, 2007, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $500.00 per month to up to $580.00 per month. On March 17, 2010 the BOCC granted approval of Consent to Assignment and Assumption and Assignment Agreement and approved the sixth three-year renewal term. On March 20, 2013 the BOCC approved the seventh three-year renewal term with considerations of being connected to the Marathon Central wastewater system. CONTRACT/AGREEMENT CHANGES: Renewal Agreement shall commence on March 7, 2016 and terminate on March 6, 2019. STAFF RECOMMENDATION: Approval DOCUMENTATION: 03071990_Guidance Clinic_ Marathon_WWTP Agreement GCMK_ executed renewal and amendment agreement_032013 101916 Guidance Clinic_WW 8th Renewal_CAY 04-19-1995 Guidance Clinic Amendment 02-11-1998 Guidance Clinic Amendment 02-21-2001 Guidance Clinic Amendment 08-15-2001 Guidance Clinic Amendment 02-18-2004 Guidance Clinic Amendment 03-21-2007 Guidance Clinic Amendment 04-18-2007 Guidance Clinic Amendment 03-17-2010 ren 6 Guidance Clinic Amendment FINANCIAL IMPACT: Effective Date: 03/07/2016 Expiration Date: 03/06/2019 Total Dollar Value of Contract: 10,000 Total Cost to County: 10,000 Current Year Portion: 10,000 Budgeted: Yes Source of Funds: 101-20505-530340 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: Shared Wastewater Lift Station Yes 10/19/16 101-20505 -CORRECTION FACILITIES $10,000.00 REVIEWED BY: Rene Rogers Completed 10/04/2016 10:52 AM Doug Sposito Completed 10/04/2016 10:54 AM Budget and Finance Completed 10/04/2016 11:19 AM Maria Slavik Completed 10/04/2016 11:21 AM Kathy Peters Completed 10/04/2016 4:46 PM Board of County Commissioners Pending 10/19/2016 9:00 AM This Agreement is made and entered into this day of 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, i i NOW, THEREFORE, in consideration of the terms and 10 successive three (3) year terms after the initial 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. i a i 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 71;nn of those costs in excess of $42,400 (as detailed in Exhibit A of this agreement) within 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 utilities 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 $300.00, 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 -Daid initially i i , Landscaping- It shall be both parties' intent Provide a visual barrier between the GUIDANCE Cr,TNTC' S ac.i l 'i t:v and the COUNTY' S Jail Fae i l i. ty . 7. OTHER COSTS: Other than those exprerss ly : rper. i f i_ed : n this agreement, there shall_ be no other costa payable by either party. 8. INSURANCE/LIABILITY: The GUIDANCE CLINIC c•;:ill, hold the COUNTY harmless for any and all incidents that occltr arising from the installation or operation of the Treatment Plant, 9 • ENTIRE AGREEMENT . This d0cwnent c:on to i. i•ca the en I. i. re agreement between the COUNTY and the GUIDANCE CLINIC and supersedes and merges herein any and ail pxi.or oz, contemporaneous correspondence, communications and aryceeSnent_,; 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 GUIDANCE CLINIC st.atinrl that-. it. is an amencUnent to this agreement. DATED this 7 "day l{�- A. 1). 1990, in Key �•7c� :5 t , Monroe Courity, Florida. GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Marjorie Mearns, President Board of Directors / A I / - - / David P. Rice, PhD. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT,(? FLORIDA By • Ma'yox / Chai. rma n (SEAL) Attest: DANNY L. KOLHAGE, CLERK By : Deputy Clerk i i a Design Manufacture Water 6 Waste Water Treatment Systei Pump Stations �r PRECAST PRODUCTS CO., INC. Page 1 TO: Guidance Clinic of the Middle Keys Inc. 11399 Overseas I-Iwy. . Marathon,FL 33050 C/O Ur. l(wid RiC0 PROPOSAL CONTRACT PROJECn': Guidance Clinic Of Thy_, Middle Keys Wastewatf:,r Treatment System & Pump Station. January 25,1990 SIR: We propose to deliiver and install the following materials and equipment as per Enc ineerinq specifications. 1. One 7,500 G.P.D. Monarch Precast concrete Wastewater Treatment System complete from inlet, to outlet of plant. * Tiiis system shall contain: a.Settling capacity 2,000 gallons. b.Aeration tank capacity 7,500 gallons. c.Sludge holding tank capacity 2500 gallons. d.Chlorine Contact tank capacity 1200 gallons. e.Filter or polishing tank, 18 SF each side. f.Two Sutorbuilt blower packages & control panel. g.Al.l plumbing and appurtenances for a complete hook up. 2. One Monarch Precast concrete Lift Station,to include: a.One six foot diameter six foot deep wet well. b.One Monarch flow splitter box. c..Two Myers 1 h.p. Vortex pumps. d.Aluminum hatch cover for lid. e- All necessary plumbing and piping. f. Disposal wells. * Flow equalization will be accomplished by pumping from Lift Station to flow splitter box. Any changes shall be cleared through Glenn Boe & Assoc. NOTES: Guidance Clinic / Genaral Contractor shall furnish: a.Suitable access to plant site. b.All necessary permits. c.Power to Monarch control panels. d.Any fencing or grass,seeding,sod. e.Order of coarnencment. Phone (813) 957-7971 ■ 615 Cypress Road ■ Venice, Florida 34293 i i Design Manufacture Water & Waste Water Treatment Systei Pump Stations i i a �� PRECAST PRODUCTS CO., INC. Page 2. PROPOSAL CONTRACT January 25, 1990 *Monarch shall furnish all New equipment which will meet or exceed specifcations. Total contr<ct price and complete cost of Monarch Precast Products work under this agreement,-$42,400.00 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 20% of total contract price upon completion if construction $8,480.00 10% of total contract price upon inspection by Engineer $4,240.00 Guidance Clinic shall sign Florida UCC-1 agreement when equipment is delivered. Proposed By: teph .Altenburg ident,Monarch Precast Product Inc. Date: Jan. 25, 1990 Accepted By: bi avid Rice Guidance Clinic Of The Middleke} Date: Jan. 29, 1990 Phone (813) 957-7971 • 615 Cypress Road 0 Venice, Florida 34293 75d LNDER SECTION 287.133�j)fa), EWRIPA ETA 2ZM:v,, ON P-UBUC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF ' A NOTARY puBtjC OR OTHER OFFICER AUTHORIZED TO ADMINISTER'OATIIS. 1. This sworn statement is submitted with Bid, Proposal or Cozimct No. for 01 WA LA)±A2 2. This sworn statement is submitted by --� V I C) h-7,1 Ce Q; whose business address is &—"m of aunty Submitting WOrn Statement]- . I-- 1139F Otj"c,,.o UQ. (if applicable) its F*1"W P=PIQYer IdOntiffCaUon Number (>MN) is 5 Z-) (If the entity has 40 FMN, Include. the SOdW Security Number of the individual signing this sworn statement: 3• My name and my relationship to the [please punt name or Individual 191111:w entity named above is LAC o4r, 4. V I understand that a "public entity criMC` as defted in means a Violation of any state -Pmgraph �87-133(1)(g), �,lo1V:S1EL.;5t2JV te or- federal law by D— -- M transaction of businessa person with respou to and directly related to the with any.public entity or with an agency or political subdivision of my Other state or with the United States. including but not limited to, any bid or contract for goo or or to be provided to any public entity' -- state or an agency or politi6al subdivision of an} othr ds o or of the United States and involving antitrust, fraud, theft. bribery, cOnsPimr-yo or m2t*17W MisrepresentatiorL em collusion, ring, 5. 1 understand th#z N cOnvictedo or "conviction,, as defmcd in Paragraph 287.133(i)(b) means a finding Of guilt or a conviction of a public entity crime, with or guilt, in any federal or state trial court of without an adjudication of information after July 1, 1989, as record relating t9 chug% brought by indictment or or nolo contendere. a result of a Jury verdict, zionjuq trial, or entry of a plea of guilty 6. 1 understand that an 'affWmW as defined in Paragraph 287.133(l)(a) • I 1. A predecessor of successor of a , FjOridLAW-ta-1 . a-L means: person convicted Of a public entity crime; or 2. An entire under the control Of any natural person who is active in the management of the entity and 'who h&lr been convicted of a public en tity crime,, The term "affiliate" includes those Officers, directors, executives, partners, shareholders, employees, members, and agents who are active its " I - 390ment of an affiliate. The Ownership by One person of share* constituting I controlling interest in 3001her person, or a pooling of equipment or income among persons when not for fair marker value under an arTn's length agreement, shall be a prima facic =C that one person controls another Person. A person who knowingly enter$ 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 affiliate. 7. 4 understand that a person' as defined in Paragraph W.133(1)(e), 4?r!da tptutc.. s. natural person or entity Organized under the laws of any state or of he _ means any power to enter into a binding contract and which bids or applies to bid United State, with the legal Of goods or services let by a public entity, Or which otherwise transacts On contracts for the provision with a public entity. The term W or applies to transact business shareholders, employees, "person" includes those officers, directors, members, and agents who are active in executives, partners, management of an entity. 8. Based on information and belief, the statement which I have ma'kC entit)- Submitting this sworn statement. (pleas, indicate which below is true in relation to the statement applies] -— F . _ = C.32.a __ ?reitht;r ttl , entity Subraitting this sworn staLernent, Apr ac t)tfiCet3 partnat5/ shareholders, cmplOvees, members, or agents who are active it, rnanagem t o he eatlty. nor arty atallate of the ertt"y hawC bcl= thargod with Aud Convicted of a pvbtic et+taty crime subscjuent to July 19f39. The erttiry submitting this sworn Statement. or Ona or dLnrc at the viCc s, directors. etcactWWS, partners, shdrthdld4rs. em to ee$. p Y umbers„ or agents who art active in management of the a;tt9ty, or an aft3iiatc of the n entry has been Chargact with and Convicted Of a public entity crime subsequent to July 1, 1989.1,�� ip" t*$# Indicate whWh oddit oral. statement e p�lies,) TW4 has bCCA a probing concerAin i e Late Of p'lOricta, Divi3iot� of tnfstsative the couviotioo baforo t hearing' ogiCer of hearimg ottir.cr ctiA nox pia. the pthe ersatt or aalliate cc�twictcd ado: lix4 d(iease sameb S Copy of the final order.) ..._,_ Tb4 person or all'itiale was sub uestt NOWding A oo the oottviccad vendor test. 'mere h� been a ! pxOW in before a hc,aring othoar of the , State at nor'Me eye be of was 1 nis a pub Hearings. 'M* Order entored by Lhe been,$ Afcler determi that it Was to the pub)tc interest to remove the pesos or adpiato from the coavictted vendor fist.00 (tesse ettslt;hr of :h* �nAf or�dor.]CD The person or am9ate has het been be an,y 8CUOU taken b ot• sndln withpthee Dep etmtntn f vicG need Se list. jPle C � l? i p .. . ryice~s.J N J]3LOi March 27, i 9go STATE OF lorlda COUNTY OF Monroe PERSONALLY APPEARED BEFOR$ ME, the tllndersipud allthority" David p. Ce, ph,D. ('lame of indb4dturl si$►ting) whop Sher �lSt betrsg sworn by rite. of 6d his/bar signature in tau space provided above Ott this 27 th --.,..,.,_.�. day of March 1-9 90 71 My tom miuloo expires: NOTA&X PUU141�•-`�- Carol Ann Smith NOTARY PUBLIC, STATE OF FLORIDA '• �'" = � ,^� MY C0h;M;$Sl0N EXPIRES MAR, 2. 1991. = ". &Q"V90 YHRU NarA$er PwLiC VMoCXWhirc*6. .•,��- . rar::I FUR 7W (Rev. 11/84) R E N E W Al Lt�,aAM LN—D _' L(LA & R E E M F, NJ (Use of Wastewater Collection Systern by the Marathon Detention Facility THIS Renewal Agreernent is made and entered into this 201h day of March 2013, between the MONROE COUN'ry, FLORIDA ("County")arid GUIDANCE/CARE. CENTER, INC. ("Center"), whose address is 3000 41 st Street Ocean, Marathon, FL, 33050. WITNESSLTH: - WHEREAS, the parties hereto did on March 7, 1990 enter into an agreement ft)r use of wastewater treatment plant by the Marathon Detention Facility (hereinafter "Original Aiyecnient")-, and WHEREAS, the parties hereto did on April 19, 1995 exercised the first option to renew this agreement; and WE fEREAS, the parties hereto did on February I I . 1998 exercised the second option to renew this agreement; and WHEREAS, the parties hereto did on February 211, 2001 exercised the third option to renew this agreernent, and Wl IEREAS. the parties hereto did on AugUSt 15, 2001 amended the original agreement to increase reitribursernent costs to the Contractor, arid WHEREAS, the parties hereto did on FebruaTy 18, 2004 exercised the fourth option to renew this agreernent; 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 anwnded the original agreement to increase reimbursement costs to the Contractor, and WHEREAS, on Nfarch t7, 2010, The Guidance Clinic of the Middle Keys, Inc. assigned all of its right, title arid interest in and to the Original Agreement to the Guidance/(.'are Center, Inc. Original WHEREAS, the parties hereto did on March 17, 2010 exercised the sixth option to renew this agreement; and WHERL;AS, the parties have found the Original Agreement to be mutually beneficial and, WHEREAS,, the Guidance/Care Center, Inc. is needing to decommission the Treatn'rent Plant with the water collection system to be extended to the new Municipal sewage collection system arid; WHEREAS, the parties find that it would be Mutually beneficial to enter into this seventh renewal agreement and; NOW, THEIU'TORE, in consideration of tine ternis and considerations herein, the County and the Center hereby agree as follows: I In accordance with Article 1, TERA4, of` the Original Agreement, the County exercises the seventh of ten SUCCCSSive 3-year renewal options provided for in the Original Agreement. This tarsal will coniruence on March 7, 2013 and terminate March 6, 2016, Page I of 4 Paragraph 2 of the original Agreernent "Ownership of Treatment I< lant". currently reads as follows: "The GUIDANCE CLINIC has contracted with Monarch Precast Company for installation of a '7500 gallon -per -day Treanrient Plant, further described as f"'xhibit A of' this agreement. The GUIDANCE CLINIC will maintain full ownership of theTreatryient Plant, including the expansion detailed in Paragraph 5 of this agreement," Shalt be amended to read: "Upon decommissioning of the Treaftnent Plant, the Center shall maintain ownership of the wastewater collection and delivery system for the Center's facilities of which is on Center's and it property icludes the Influent Manhole, Prirnary Lift Station and Force .1 Main connecting to the Municipal collection system. The County will take ownership of the Marathon .tail'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 Agreernent "Location of Treatment Plant", currently reads as follows: "The Treatment Plant, including, the expansion detailed in paragraph 5 of this agreement, I will be located entirely on the property owned by the G(JIDANKIF (_,I LINI(1' in Marathon, Florida, and whose physical address is 300041st St. Ocean, Marathon, Florida 33050." Shall he arriended to read: "The Center's wastewater collection and delivery systern will be located entirely on the property owned by the Guidance/Care Center, Inc. whose physical address is 3000 4 1 " St. Ocean, Marathon, Florida 33050. The Marathon hail's wastewater collection and delivery systern is located on property owned by Monroe County with the Marathon Jail's physical address being 3961 Ocean Terrace, Marathon, Florida 33050." Paragraph 4 ofthe original Agrecritent "Use ofTreatyrient.Plant", currently reads as follows "Upon installation, inspection, and operation of the GtJfDANCE CLINIC's 7500 gallon - per -day Treatment Plant, the COUNTY is atahorized, at no cost to the COt ' �NTY 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,, I"lorida." Shall be amended to read: "With the exception of County's reimbursement to the Center of portion of expended F"ngincering Fees for the design of the Center's new waste water collection and delivery system of $5,250.00 or 50% of Engine Fee expenditure; upon the installation, inspection and operation of" the Center's waste water collection and delivery system, the County is authorized, rat 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 Matiliole, Primary lift Station and Force Main connected to the ,Municipal collection system, Invoicing and documentation acceptable to the Clerk of Court Page 2 of 4 shall be provided by the Center for County rennbursernCot I Paragraph 6 of the original 1990 Agreement "Responsibilities of Parties- and was partially amended April t 8"', 2007 reads as follow: "I. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" as amended February 11, 1998, August 15, '2100 1 and March 18, 2007" ... "Shall be arnended to read " "It is understood that routine maintenance and operation shall be perfonned on the Treatment Plant, the total cost of which is estimated at no more than $580.00 per mouth. This monthly maintenance will be contracted, and paid by fl-ic 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 invcaco. If routine maintenance costs consistently and significantly deviate fYom $580,00 per rnonth, these percentages may be re -negotiated," Shall be arnended to read: "5. Responsibilities of Parties: A. lAilities — 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. 14. MontLity_ NLajntqi ajjcg: 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 reiraburse the Center for 50IN of' these charges. For any ongoing maintenance agreements or charges the County may' y incur for maintaining the I Secondary Lift Station located on County property, the County shall pay 100% of these charges, Invoices and docurnentation acceptable to the Clerk of Court shall be provided by the Center for County reirnbursornent. C. Unforeseen Repairs:, The County will reimburse file (.,emer 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 urifi,)reseen or emergency repairs to the Secondary Lift Station located on County property, Invoices arld documentation acceptable to the Clerk of Court shall be provided by the Center for County renribursement, D, Connections: 'File County will be responsible for payment of all charges for the connection of the County's force rnain into file 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, E'xcept as set forth above of this SeVentIl Amended Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as renewed and ainended, rernain in full force and eff'CCL Page 3 of 4 IN WtTNESS W lF;RO , the parties have hereunto set their hand and seal., the day and year first written above. (Seal) Attest. Amy Fleavilin, Clerk Dep�r Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY .•,, Virr - '70MaWTChgfrrnan GUIDANCE CARE/CENTER INC. NET Y ! BY I�2 i Richird E, Steinberg ««4 71 President and Chief Executive Officer (t'csrpcar<aie Seal) OLRI l.'" t'"vl-, E 3i t Page 4 of AMY HEA V11- IN CLERK OF THE CIRCUIT COUR T DA Tf'.AI'vil -5, 2013 To. Dent Pierce, Direclor Public kForky Division A TKNI: Beth Leto, As.yiskml Director Public ff"Orky Division T-W01P P(ivnelu G 1-kinco(JA k0l). (". At the March 20, 2013, Board of County Commissioner's meeting, the Board granted approval and authorized execution ofthe following: Item C5 Revised Agreement with Sheriff Richard A. Rarnsey to provide office space to the Monroe County Sheriff s Department at the Murray E. Nelson Government and ("UhUral Center in Key Largo, FL. Item C6 Renewal Agreement with GuidariceA.."are Center, Inc. for wastewater treatment processing from the Marathon Detention Facility, C ( 6",", (,:) Enclosed is a duplicate original of each of the above-nientioned for your handling. Should YOU have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File EIGHTH RENEWAL TO AGREEMENT (Use of Wastewater Collection System by the Marathon Detention Facility) THIS EIGHTH RENEWAL AGREEMENT is made and entered into this 19th day of October 2016, between the MONROE COUNTY, FLORIDA ("County") and GUIDANCEICARE CENTER, INC. ("Center"), whose address is 3000 41 st 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 exercise the first option to renew this agreement; and WHEREAS, the parties hereto did on February 11, 1998 exercise the second option to renew this agreement; and WHEREAS, the parties hereto did on February 21, 2001 exercise the third option to renew this agreement; and WHEREAS, the parties hereto did on August 15, 2001 amend the original agreement to increase reimbursement costs to the Contractor, and WHEREAS, the parties hereto did on February 18, 2004 exercise the fourth option to renew this agreement; and WHEREAS, the parties hereto did on March 21, 2007 exercise 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 exercise the sixth option to renew this agreement; and WHEREAS, the parties hereto did on March 20, 2013 exercise the seventh option to renew this agreement; and Page 1 of 2 WHEREAS, the Guidance/Care Center, Inc. decommissioned the Treatment Plant with the water collection system to be extended to the new Municipal sewage collection system and; WHEREAS, the parties have found the Original Agreement as Amended to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this eighth 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 eighth of ten successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7, 2016 and terminate March 6, 2019. 2. Except as set forth in paragraph 1 above of this Eighth Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as renewed, remain in full force and effect. IN WITNESS WHEROF, the parties have hereunto set their hand and seal, the day and year first written above. (Seal) Attest: Amy Heavilin, Clerk Deputy Clerk g s 14: DI'30 J �J'FRCADO D BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY Mayor/Chairman GUIDANCE CAREXENTER INC. Signature By: Printed Name Title Page 2 of 2 AGREEMENT THIS- AGREEMENT is made and entered into this day of 1995, by and between Monroe County, Florida ("County") and the Gui ance 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: 3 -rl rn 1. TERM: This agreement shall remain in effect for a pe ? of three (3)6 years, effective March 7, 1995. Upon concurrence by both parties„, thy .agreeKnenf- may be renewed with any and all terms herein being renegotia&-for nine (9k�, successive three (3) year terms in accordance with the initial five (5) �af agreement'z.T effective March 7, 1990. The County may terminate the agreemenr'a4 any t=le byr providing the Clinic written notice at least 180 days in advance. 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will maintain full ownership of the Treatment Plant, as expanded under the prior agreement. 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, including the expansion, is located entirely on the property owned by the Clinic in Marathon, Florida, and whose physical address is 3000 41 st 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's Treatment Plant in the operation of its jail facility to be located in Marathon, Florida. 5. RESPONSIBILITIES OF PARTIES: A. Utilities - Utilities will be billed to 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 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 per month. The County will reimburse the Clinic for 50% of those charges in excess of $300, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $300 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 requests 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 facility 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By 7 Depu Clerk Mayor/Chair n (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. By </'-� By Chief Exec 04 Officer President APPROVED AS TO F^' jconwaste AND LEGAL SUFF! Y AiP rneya Of,'loe Packet ',Pg. 54�4 RENEWAL AGREEMENT (Use of Wastewater Treatment Plant) THIS Renewal Agreement is made and entered into this llth 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. T.7TMMV0CWMW. 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 renegotiable,,, foF eight successive three (3) year terms, in accordance with the initial five (Sj- year agreement effective March 7, 1990, as amended on April 19 := 1995.E ThO County may terminate the agreement at any time by providing the Cl- m""c wr-!?tt ui notice at least 180 days in advance. 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will ma-!�ntain Sul-11 ownership of the Treatment Plant, as expanded under the prior agreepi+� .- L CTt "7 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, iralutding—the'1 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'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. <WITNESS WHEREOF the parties hereto have executed this Agreement the =eax first above written. (Seal)-- t .✓° Attest:w DANNY L. KOLHAGE, CLERK By: Dep Cle (SEAL) Attest: By: � //'' � t i Chief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. , yor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: President APPROVED AS TO FORM AND L Al S FICI B - � ROBERT N. W DATE RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 21" day of February, 2001, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41st Street Ocean, Marathon, FL 33050, in order to renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and as renewed on February 11, 1998 (copies of which are incorporated hereto by reference); as follows: In accordance with Article 1 of the original Agreement dated March 7, 1990, the COUNTY exercises its third option to renew for three (3) years with seven (7) successive three (3) year terms remaining. 2. The term of this Renewal Agreement will commence on March 7, 2001, and will terminate March 6, 2004. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and renewed on February 11, 1998, remains in full force and effect. JHEREOF, the parties have hereunto set their hands and seal, the day and BOARD OF COUNTY COMMISSIONERS LHAGE, CLERK OF MONROE COUNTY, FLORIDA eputy Clerk (Seal) Attest: By: Y2 / Chie Execu v fficer Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. o c CD By: o C� io President a ..= n APPROVED S TO FOR r' r*t -r C7 AND t SUFFICIE BY NNE HU N DATE �' 2 04 04 04 CD r AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15'' day of August 2001, 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 renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and as renewed on February 11, 1998, and February 21', 2001 (copies of which are incorporated hereto by reference); as follows: Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" shall read 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. 2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $500.00 per month including 50% of those charges in excess of $500.00 will be retroactive from the date of renewal, March 7, 2001, approved on February 21, 2001. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and renewed on February 11, 1998 and February 21', 2001, remains in full force and effect. 4. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. vESS WHEREOF, the parties have hereunto set their hands and seal, the day and year ,e. L. KOLHAGE, CLERK By. N^-� eputy Clerk (Seal) Attest: `\`Na�.anne Kr�� ONF ,� *i�Q 1•� NNi* gip`;• #CC799929 a 9 �l �n N �; Faln�Insm�;:��Q'�� '" N' VZ/CEH IN1NoV\\� M--#**O' Chief Executive BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r i GUIDANCE CLINIC OF THE�� MIDDLE KEYS, INC. By: -A� President //►w-•��-r-�c.� APPROVED AS TO FOR l� AND L AL SUFFICE Y BY DATE 05, 'I RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 18'h day of February, 2004, 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 renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, and February 21", 2001, (copies of which are incorporated hereto by reference); as follows: In accordance to Article 1 of the original agreement dated March 7, 1990, the County exercises its fourth option to renew for a three year term with six successive three year terms remaining. 2. The term of this Renewal Agreement shall commence on March 7, 2004 and shall terminate on March 6, 2007. 3. The County will reimburse the Guidance Clinic 100% for monthly routine maintenance and operation of the wastewater treatment plant up to $550.00 per month. The County will reimburse the Clinic for 50% of any excess charges over $550.00 per month. 4. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, and February 21", 2001, remains in full force and effect. WITNESS WHEREOF, the parties have hereunto Set their hands and seal, the day and year L. KOLHAGE, CLERK Deputy Clerk (Seal) Attest: By: ✓2� Chiet Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r., c -, By: Q Mayor/Ch6nnFm �' c 7-1 _ t n GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. `� a By: cuti Vice -President wUNTY ATTORNEY ROVED AS M: SUZANNE A. 19 ON ASSISTANT CO TY T ORNEY Date�__� ---- RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This 'Renewal Agreement is made and entered into this&!- day of March, 2007, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41st Street Ocean, Marathon, FL 33050, in order to renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, February 20, 2001, and February 18, 2005 (copies of which are incorporated hereto by reference), as follows: 1. In accordance to Article 1 of the original agreement dated March 7, 1990, the County exercises its fifth (5) option to renew for a three (3) year term with five (5) successive three (3) year terms remaining. 2. The term of this Renewal Agreement shall commence on March 7, 2007 and shall terminate on March 6, 2010. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, February 21, 2001, and February 18, 2004, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year Men above. L. KOLHAGE, CLERK Deputy Clerk (Seal) Attest: By: ',-Zh1jef Executive Officer ,.......... ................. 0.-es".0441 ANN MAFZTURAN= p pgt comma DD0437191 I �+� tusrr000 = _ 3,F Goaded WW (eoo)432-4264i _ � FlorWa Notary ASMt., int ia• .w ..s.H.rrsrry..auu...rr.»u....N. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /X�79�1 41�� Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ra 3 o -� CD�= By: Execu ve Vice-P€ $eht __ - -V �r= =10 MONROE COUNTY ATTORNEY ,i s- co APPROVED AS TO F RM: v rj c. 1 .c-n zj 01 NA ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date- 3- Z cz AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 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", 2 00 1, as amended August 15, 2001, as renewed February 18, 2004 and March 21, 2007 (copies of which are incorporated hereto by reference); as follows: 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 215Y, 2001, amended August 15, 2001, renewed February 18, 2004 and March 21, 2007, remains in full force and effect. 4. Monroe, County's performance and obligation to pay under this contract is contingent upon an annual appiopriation.by the BOCC. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L 'IC CHAGE, CLERK B4, cr_ N WNputy Clerk CL- (Ski) Atst: -� By:Luief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman w Cl CC 00 F a z� Do Oj LLi O oLL Cc a- on ¢ 2 SIXTH RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) THI SIXTH RENEWAL AGREEMENT is made and entered into this day of 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GUIDANCE/CARE CENTER, INC. (hereinafter "Contractor"), a Florida corporation, whose address is 3000 41sT Street Ocean, Marathon, Florida 33050. 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 have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties fmd that it would be mutually beneficial to enter into this sixth renewal agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Article 1, TERM, of the Original Agreement, the County exercises the sixth of ten successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7, 2010 and terminate March 6, 2013. -1- O 0 w t- W LL- Except as set forth in Paragraph I of this Sixth 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. WHEREOF, the parties hereto have set their hands and seals the day and COLHAGE, CLERK By Depufy Clerk itnesses f2.0-1-TS7 OR: Sitore a 1-1p DateA ignature 02-1r/d Date CA Z N ti.y BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By M((yor/ChaWperson GUIDANCE/CARE CENTER, INC. Print ame ] ;C- Address:301j) 11061 QC2 Telephone Number: 305- 7rl3 TU`20j' -2- /a