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Item T7County of Monroe The Florida Keys Commissioner David P. Rice 9400 Overseas Hwy., Suite 210 Florida Keys Marathon Airport Main Terminal Marathon, FL 33050 Boccdis4@monroecounty-fl.gov 305-289-6000 ® BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 }' Mayor Pro Tern Danny. L. Kolhage, District 1 k► Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 Interoffice Memorandum Date: February 15, 2019 To: Kevin Madok, 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 brought before the Monroe County Board of Commissioners with entities with which I am involved. 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 Guidance Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the February 20, 2019 BOCC meeting, I will abstain from the vote on item(s): #T-7 Copy of agenda item listing from the Revised Agenda for each of the referenced item(s) is included for documentation. ATT. State Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Elected Officers FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, C MMISSION, AUTHOR? 0 COMMITTEE (�-�C-E DA D PA Ylor>�va—�'ovn� C.��-CL o`�om�r►i MAILINGADDRESS THE BOARD, COUNCIL, COMMI ION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT F: CITY COUNTY ❑ CITY OUNTY ❑ OTHER LOCALAGENCY o n r o0-- NAME OF POLITICAL SUBDIVISI N: DATE ON WHICH VOTE OCCURRED e ' 1 ino n fiaa--*(' oV n MY POSITION IS: pCELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law,, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) L;c FUNM dI3 - EFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at, the next meeting after the farm is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed- DISCLOSURE DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Dave I �-�� hereby disclose that on 20 (a) A measure came or will come before my agency which (check one or more)(-� inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) a measure before my agency and the nature of my conflicting interest in the measure is as follows: I currently sit on the Board of Directors of the Guidance Care Center, Inc. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. SEE ATTACHED AGENDA ITEM SUMMARY �Q b. 20 2ot � r If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. r e. �V-V "v— i !' Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(1), F.A.C. �°� BOARD OF COUNTY COMMISSIONERS County of Monroe oY; «<<� y A Mayor Sylvia Murphy, District 5 The Florida Keys - Mayor Pro TernDanny Kolhage, District I Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 County Commission Meeting February 20, 2019 Agenda Item Number: T.7 Agenda Item Summary #5227 REVISED BACKUP DAY OF MEETING BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Dan Bensley (305) 292-4468 None AGENDA ITEM WORDING: Approval of the Ninth Renewal to Agreement with the Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated annual amount $10,000. ITEM BACKGROUND: An initial Agreement was entered into on March 7, 1990, with the Guidance Clinic of the Middle Keys, Inc. for use of its wastewater treatment plant by the Marathon Detention Facility. In accordance with Article 1 of the original Agreement, the agreement may be renewed for ten (10) successive three-year terms, after the initial five-year term. The initial Agreement also established the monthly maintenance charges and expenses for unforeseen repairs. The current agreement with Guidance/Care Center, Inc., for use of the wastewater treatment plant by the Marathon Detention Facility, expires on March 6, 2019. This will be the ninth renewal option leaving one (1) additional successive three-year term available. The new term under the Ninth Renewal will expire on March 6, 2022. PREVIOUS RELEVANT BOCC ACTION: March 7, 1990 BOCC approved the original five-year Agreement with the Guidance Clinic of the Middle Keys, Inc. for use of their wastewater treatment plant by the Marathon Detention Facility. It included 10 successive three-year renewal options after the initial five-year term. April 19, 1995 BOCC approved an amended Agreement for an additional three (3) years, with renewal options and established the reimbursement charges for the service. February 11, 1998 BOCC approved the second three-year term. February 21, 2001 BOCC approved the third three-year term. August 15, 2001 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. February 18, 2004 BOCC approved the fourth three-year renewal term. March 21, 2007 BOCC approved the fifth three-year renewal term. April 18, 2007 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. March 17, 2010 BOCC granted approval of Consent to Assignment and Assumption of the Agreement to Guidance/Care Center, Inc. and approved the sixth three- year renewal term. March 20, 2013 BOCC approved the seventh three-year renewal term with considerations of being connected to the Marathon Central wastewater system. The Guidance/Care Center decommissioned the treatment plant with the water collection system to be extended to the new Municipal sewage collection system. October 1, 2016 BOCC approved the eighth three-year renewal term that expires on March 6, 2019. CONTRACT/AGREEMENT CHANGES: Renewal Agreement shall commence on March 7, 2019, and terminate on March 6, 2022. STAFF RECOMMENDATION: Approval DOCUMENTATION: 02-20-2019 Ninth Renewal to Agreement (Revised executed stamped 2 14 19) 03-07-1990 Guidance Clinic Marathon WWTP Agreement 04-19-1995 Guidance Clinic Agreement 02-11-1998 Guidance Clinic Renewal Agreement (2nd option) 02-21-2001 Guidance Clinic Renewal Agreement (3rd renewal) 08-15-2001 Guidance Clinic Amendment to Agreement 02-18-2004 Guidance Clinic Renewal Agreement (4th option) 03-21-2007 Guidance Clinic Renewal Agreement (5th option) 04-18-2007 Guidance Clinic Amendment to Agreement 03-17-2010 Sixth Renewal Agreement Guidance Clinic 03-20-2013 Renewal and Amendment to Agreement 10-19-2016 Guidance Care Clinic Eighth Renewal Agreement FINANCIAL IMPACT: Effective Date: 03/07/2019 Expiration Date: 03/06/2022 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: Patricia Eables Completed 02/12/2019 12:01 PM Dan Bensley Completed 02/12/2019 2:30 PM William DeSantis Completed 02/12/2019 2:37 PM Budget and Finance Completed 02/12/2019 2:47 PM Maria Slavik Completed 02/12/2019 2:59 PM Kathy Peters Completed 02/12/2019 4:04 PM Board of County Commissioners Pending 02/20/2019 9:00 AM NINTH RENEWAL TO AGREEMENT (Use of Wastewater Collection System by the Marathon Detention Facility) THIS NINTH RENEWAL TO AGREEMENT is made and entered into this 20th day of February, 2019, between the MONROE COUNTY, FLORIDA ("County") and GUIDANCE/CARE CENTER, INC. ("Center"), whose address is 3000 41st Street Ocean, Marathon, Florida 33050. WITNESSETH: . WHEREAS, the parties hereto, on March 7, 1990, entered into an agreement for use of the Center's wastewater treatment plant by the Marathon Detention Facility (hereinafter "Original Agreement"); and WHEREAS, the parties hereto, on April 19, 1995, exercised the first option to renew this Agreement; and WHEREAS, the parties hereto, on February 11, 1998, exercised the second option to renew this Agreement; and WHEREAS, the parties hereto, on February 21, 2001, exercised the third option to renew this Agreement; and WHEREAS, the parties hereto, on August 15, 2001, amended the Original Agreement to increase reimbursement costs to the Center, and WHEREAS, the parties hereto, on February 18, 2004, exercised the fourth option to renew this Agreement; and WHEREAS, the parties hereto, on March 21, 2007, exercised the fifth option to renew this Agreement; and WHEREAS, the parties hereto, on April 18, 2007, amended the Original Agreement to increase reimbursement costs to the Center, 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.; and WHEREAS, the parties hereto, on March 17, 2010, exercised the sixth option to renew this Agreement; and WHEREAS, the parties hereto, on March 20, 2013, exercised the seventh option to renew this Agreement and amended certain paragraphs of the Original Agreement; and Page 1 of 2 WHEREAS, the parties hereto, on October 19, 2016, exercised the eighth option to renew this Agreement; and 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 Ninth Renewal to Agreement; NOW THEREFORE, in consideration of the terms and considerations herein, the County and the Center hereby agree as follows: In accordance with Article 1, TERM, of the Original Agreement, the County exercises the ninth of ten (10) successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7, 2019, and terminate March 6, 2022. 2. Except as set forth in paragraph 1 above of this Ninth Renewal to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended and renewed, remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hand and seal, the day and year first written above. (SEAL) ATTEST: KEVIN MADOK, CLERK By: Deputy Clerk MO OE COUNTY ATTORNEY'S OFFICE SOVED AS OUR PATRICIA EABLES ASSISTANT CO �TY gTIORNEY DATE: �_ I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson GUIDANCE/CARE CE R, INC. By: ature Printed Name Title Page 2 of 2 *Signature authorized pursuant to Guidance/Care Center Resolution No. 2018-01 (copy attached). WIST( RE RESOLUTION GCC 2018-01 RESOLUTION OF THE GUIDANCE/ CARE CENTER, INC. BOARD OF DIRECTORS DESIGNATING THE CORPORATION AS A DOMESTIC NONPROFIT CORPORATION UNDER APPLICABLE LAW AND AUTHORIZING THE CONTRACTING POWERS OF THE OFFICERS OF THE CORPORATION. WHEREAS, the following organizational resolution was passed at a regular meeting of the Directors of The Guidance/ Care Center, Inc. (the "Corporation"), held on February 11, 2018, at which a quorum was present. THEREFORE, BE IT RESOLVED, the Corporation shall operate as a domestic nonprofit corporation under the laws and statutes of the State of Florida, BE IT FURTHER RESOLVED that, subject to any Contract Policy as may be adopted by the Board, in its discretion, and in addition to those authorizations expressly set forth in Article 5.5, 5.6, and 6.1 of The Bylmi s of Guidance/ Care Center, Inc, dated February 11, 2018, and unless otherwise limited or directed by the Board, the President, Chief Executive Officer, Chief Financial Officer, Chief Operational Officer, Deputy Chief Operational Officer, and Regional Senior Vice President be, and each of them hereby is, authorized. within the scope of the title or position of the individual executing the specific document to sign and execute in the name and on behalf of the Corporation all applications, contracts, binding agreements, licenses, permits, leases and other deeds and documents or instruments in writing of whatever nature that may be reasonably required in the ordinary course of business of the Corporation, and pursuant to the mission and purpose of the Corporation, and that may be necessary for, and incidental to, the lawful operation of the business of the Corporation, and to do such other acts and things as such officers deem necessary or advisable to fulfill such legal requirements as are applicable to the Corporation, its mission and purpose. Resolution GCC 2018-01 Contracting Authorization Page 1 of 2 PASSED AND ADOPTED at its regular meeting of the Board of Directors of The Guidance/ Care Center, Inc., held on this I Ith day of February, 2018, by a unanimous vote: r February 11, 2018 Jim Ranna, Corporate Secretary Date Guldan c/ Care Center, Inc. t; y Resolution CCC 201 B-01 Contracting Authorization Page 2 of 2 AGREEMENT 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, 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 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. 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) 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 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. Landscaping- It shall be both parties' intent to provide a visual barrier between the GUIDANCE cr.TNT("S fa!:-..il ity and the COUNTY'S Jail Facility, 7. OTHER COSTS: Other than those expressly specified In this agreement, there shall be. no other costs payable by either party. 8. INSURANCE/LIABILITY: The GUIDANCE CLINIC will. hold the COUNTY harmless for any and all incidents that occur' arising from the installation or operation of the Treatment Plant, 9. ENTIRE AGREEMENT. This document contains the enL.i.re agreement between the COUNTY and the GUTDANCE CLINIC and supersedes and merges herein any and all prior oz• contemporaneous correspondence, communications and arrt'eements related to the use of the subject. Treatment Plant. This agreement cannot be amended except by a written instruinent signed by the COUNTY and the GUIDANCE CLINTr St.af-ing th,)t it. is an amendment to this agreement. DATED this �y — day _i{r`A.D. 1990, in trey tJc:St, Monroe County, Florida. GUIDANCE CLINIC OF THE BOARD OF COUNTY COMMISSIONERS MIDDLE KEYS, INC. OF MONROE COUN'rf, FLORIDA Marjorie Mearns, President Mayox/Chairman Board of Directors (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: David P. Rice, PhD. Depy Cler Chi.ci Executive Officer APPROVED AS TO FORM AND LEGAL sUFF C/ENCY. BY KNO Att rnny"s re 'i (I (I ►1(y 4'N 1�on, IHi Page I TO: Guidance: Clinic of tho Middle Keys Inc. II399 Overseas Hwy. Marathon,FL 33050 C/O Ur. D Wid RiL-0 Design Manufacture Water 6 Waste Water Treatment Systems Pump Stations PRECAST PRODUCTS CO., INC. PROPOSAL CONTRACT IPROJEC-'I': Guidance Clinic Of. Ttiu Middle Keys Wastewater Treatment System & Pump Station. January 25,1990 SIR: We propose to deliiver and install the following materials and equipment as per Engineerinq si;ccifications. One 7,500 G.P.D. Monarch Precast concrete Wastewater Treatment System complete front inlet to outlet of plant. * Tiii:, system sl-iall contain: u . Sett.l ing Uank capacity 2,000 gallons. :.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: ;i.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 fencin13 or grass,seeding,sod. e.Order of coaunencment. Phone (813) 957-7971 ■ 615 Cypress Road Venice, Florida 34193 Page 2. Design . Manufacture Water & Waste Water Treatment Systems Pump Stations (CDLIL I "Fu PRECAST PRODUCTS CO., INC. PROPOSAL CONTRACT January 25, 1990 *Monarch shall furnish all New equipment which will meat or exceed specifcations. Total contract 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 $19,080.00 200/6 of total contract price upon completion if construction $8,480.00 100% 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: ') _ 4 /� �4'7' . J4&eph .Altenburg DKresident,Monarch Precast Product Inc. Date: Jan. 25, 1990 Accepted By: vid Rice Guidance Clinic Of The Middlekeys Date: Jan. 29, 1990 Phone (813) 957-7971 M 615 Cypress Road ■ Venice, Florida 34293 Na!jd t1DI Sio s ul asralal •tuatuaieis v1oMs stye 5uatl 01 U011t1as t ati mIoq P031aCLU Pnti 1 ,u. 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I984, �Vj� Mrgst Indicate whtah additional. stWtemrnt opptkg,, ry �irne i, of hay bcxa a proeet�ittg caaceraing tiu co>avietiosl before g hearing, ogiter of t e fate of Florida. D;visiors of iutstrauve Hrariny hearing ofticcr did.4Qt ptatc. the POTS01% or agate v the 8CWCb it Cnpy Of 60.titlltl Order. tt the �ttviCtCd v ada:niisr, dfPlcasa .._._. The person or affiliate w" A on the arssv(cted 1,:►s been a subsegcent proceeding before a bearing othcer of the State at Florida, Aivisit`n of Aftmbtrative Hearings, ile &W ardet entated by the b rate Of Fl ri artni ivi that it was to the public iu'teraat to resnv�re theFemo'. orattiliateff= tits COUviAed vendor tilt. iPlease f1twCh a Npy of tha final ord The person or > hate has hot been placed on the caa�ricted wndor jig, eR7;ibe SAY dedon tAkft by yr paading with the psetlm,esrt or C><eaerui S¢zyices, tats0 STATE OF Florida Data: March 27 , .i g90 COUNTY OF Monroe PERSONALLY APPEARED $EFQR13 SSt tte ttadcrsigrtcsd allthority, David P. Rice, phobe (namo of lndtvidltal ai tttag� Who. elver tit bciug Sworz, by me, aflbcad his/bar signature in rite :pace provided above oa this 27 th ... day of March 39 90 My commicstoa ezpinw, NOYARY PUBWC, STATE OF FLORIDA My COMMISSION WIRES MAR, 2. 1091. 60"990 THRU NOYAKY ■udL76 VN06'RWMITC.i. r0r:a P UR 7W (Rev. t 318a) carol Ann thN4TA�tY y ,5r1l� AGREEMENT THIS. AGREEMENT is made and entered into this day of 1995, by and between Monroe County, Florida ("County") and the Guidance Clinic of the Middle Keys, Inc. ("Clinic"), whose address is 3000 41 st 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 theirjail facility adjacent to the Clinic, NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Clinic hereby agree as follows: Imy " Y 1. TERM: This agreement shall remain in effect for a pe $ of thy (3)0 years, effective March 7, 1995. Upon concurrence by both parties,, #,hTs .agreement - may be renewed with any and all terms herein being renegotia&� ;for n& (9k-c successive three (3) year terms in accordance with the initial five (5) yeaFagreemenf� n: effective March 7, 1990. The County may terminate the agreemeat qny tNe b)frr providing the Clinic written notice at least 180 days in advance. (A o 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: bANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By A&ZtX if 4 By Depu Clerk Mayor/Chair in (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. By By Chief Executive'Officer President APPROVED AS TO F^^ 1 jconwaste AND LEGAL SUFF! Y Att meyis OL-we 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. WITNESSETH: WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the County paid for an upgrade to the Treatment Plant to service their jail facility adjacent to the Clinic, NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Clinic hereby agree as follows: 1. TERM: This agreement shall remain in effect for a period of three years, effective March 7, 1998. Upon concurrence by both parties, this agreement may be renewed with any and all terms herein being renegotiable,, fos eight successive three (3) year terms, in accordance with the initial --five (54 year agreement effective March 7, 1990, as amended on April 19 -' 1995.E Thd County may terminate the agreement at any time by providing the Clm"C' wr-Pttgr� notice at least 180 days in advance. 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will md'nct3ain 3uY1� ownership of the Treatment Plant, as expanded under the prior agreembit: -rl G C-q " 7 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, irz lu�ding--thP 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 consideration specified in consideration of installing the Clinic's Treatment Plant in the Marathon, Florida. The County is authorized, in exchange for paragraph 5 of this agreement and past expansion of the Treatment Plant, to use the operation of its jail facility located in 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 zaquests 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. B. 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. IV -WITNESS WHEREOF the parties hereto have executed above written. (Seal)F Attest: (SEAL) Attest: L. KOLHAGE, CLERK -. ! By: Chief Executive Officer this Agreement the 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 41s` 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. JFIEREOF, the parties have hereunto set their hands and seal, the day and LHAGE, CLERK eputy Clerk (Seal) Attest: By:� Chief Execu v fficer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. m a Cn CD or-"` � C7 z" By: O CQ President ;:a �?S n �` c*2 o �� v APPROVED S 70 FOR ' AND l SUFFICIE BY NNE HU N DATE G 'L AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15`s 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 21a, 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. NESS WHEREOF, the parties have hereunto set their hands and seal, the day and year re. L. KOLHAGE, CLERK By. eputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: r+ Mayor/ChairmarM;�-< -0 p (Seal) GUIDANCE CLINIC OF THE ,-~<C11r- -ID Attest: MIDDLE KEYS, INC. n a rn o By: ��`�a�•a'�sslo '• Chief Executive fficer President �tA N4c�,•. i erzg?o�N�• APPROVED AS TO FOR k; 4 �•� N �* a AND L AL SUFFICIE Y 3 p • ACC799929 BY ' 9 ' rear mN ' Q� A NE H �� i; fir° °..' o0 ,2 BF�`� DATE s7AiE.a�� RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this I e 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 continence on March 7, 2004 and shall terminate on March 6, 2007. 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"7 2001, remains in full force and effect. ASS WHEREOF, the parties have hereunto Set their hands and seal, the day and year ,. KOLHAGE, CLERK By. . Deputy Clerk (Seal) Attest: By:klx�- r?� ChicExecutive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r. _ z,x E o By: �, r- W -� Mayor/Chairmijj � o A �D GUIDANCE CLINIC OF THE o ;, t MIDDLE KEYS, INC. By: cuti Vice -President :;•;.wL WUa..ON TOREY ROVED : SUZANNE 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 e' day of. March, 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 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 21", 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. 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 tten above. ' L. KOLHAGE, CLERK Deputy Clerk (Seal) Attest: By: ',— of Executive Officer ............................................1 ANN MARTURANO = Eyp.• e/Mm _ naa.d auu (80Q)432-254 = m FWW4 NotW Awl., Im BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. Mayor/Chairman GUIDANCE CLIMC OF THE MIDDLE KEYS, INC. 3 p o O F By: � • � Execu ve Vice-P€ M't rs • r— r� MONROE COUNTY ATTORNEY '`'` - co o APPROVED AS TO F RM: v n r.i 13 Cn a CT NA ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date— .1- Z-07 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", 2001, as amended August 15, 2001, as renewed February 18, 2004 and March 21, 2007 (copies of which are incorporated hereto by reference); as follows: 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 215t, 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 4ppiopriation.by the BOCC. IN WITNESS NYBEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) ' Attest: DANNY.LI ` OtHAGE, CLERK B6, ci:� N Nputy Clerk �= CL� c.; - :L At�st: � rvo By:. '- x � ief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: In Mayor/Chairman CLINIC OF THE YS. INC. rKw z Cc � 00 a F- z Do 0 0> o tr a za oa VE SIXTH RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) TI- 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- Except as set forth in Paragraph 1 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 Deputy Clerk I=) QI L- C-) w 4 Q �._. LJ G_ - Q� G M `U N CC �= ' Li N BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA - i By M or/Cha(fperson GUIDANCE/CARE CENTER, INC. Print ]Name , •2 Title %�P.� iOvt� V ►cP. �GS�iGr. Address: poop q13-f 51 0C2 me-e& &', t.,J3zU30501 Telephone Number: 3/ 5 —T ✓ 1-20j 1 A .�:�"' . •• ATTORNEY L O 10 r -2- 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 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 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: 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. Page 1 of 4 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 3000-41 st 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 4 1 " 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." 4. 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 Page 2 of 4 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`h, 2007 reads as follow: "I. 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 she 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 $590.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistentiv 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. Page 3 of 4 IN WITNESS WHEROF, the parties have hereunto set their hand and seal, the day and year first written above. (Seal) Attest: Amy Heavilin, Clerk Dep6ty Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY BY:� Mayor/Ch rman GUIDANCE CARE/CENTER INC. pp��E�0i{NSQIJVYi1.t:AM1 .J "7 � <%` KOTARYPUBW By; l• K.._-� _�%ir :< < STATE Co ta14 Richard E. Steinberg CsrtlitrxteNO: os•tPresident and Chief Executive Officer (Corporate Seal) r'OUNTY JED AS) ?�--PEDRD ASSISTANT _y Page 4 of 4 AMY HEA VILIN CLERK OF THE CIRCUIT COURT DATE: April S, 2013 TO: Dent Pierce, Director Public Works Division ATTV. Beth Leto, Assistant Director Public 6horks Division FRO]VI: Pamela G. Hancock',DD.C. flf, II .a _i- 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. C I-, ; 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 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 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 hereto did on March 20, 2013 exercised 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 herebyagree 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. BOARD OF COUN Y CO ..ISSIONERS OF MONROE C Y 7 J By. / (le Mayor/ hairm 3UIDANCE CAREJCENTER INC. 0 Pri M�; e Title Page 2 of 2 T.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy, District 5 The Florida. Keys � � � l'U, Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: T.7 Agenda Item Summary #5227 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Dan Bensley (305) 292-4468 None AGENDA ITEM WORDING: Approval of the Ninth Renewal to Agreement with the Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated annual amount $10,000. ITEM BACKGROUND: An initial Agreement was entered into on March 7, 1990, with the Guidance Clinic of the Middle Keys, Inc. for use of its wastewater treatment plant by the Marathon Detention Facility. In accordance with Article 1 of the original Agreement, the agreement may be renewed for ten (10) successive three-year terms, after the initial five-year term. The initial Agreement also established the monthly maintenance charges and expenses for unforeseen repairs. The current agreement with Guidance/Care Center, Inc., for use of the wastewater treatment plant by the Marathon Detention Facility, expires on March 6, 2019. This will be the ninth renewal option leaving one (1) additional successive three-year term available. The new term under the Ninth Renewal will expire on March 6, 2022. PREVIOUS RELEVANT BOCC ACTION: March 7, 1990 BOCC approved the original five-year Agreement with the Guidance Clinic of the Middle Keys, Inc. for use of their wastewater treatment plant by the Marathon Detention Facility. It included 10 successive three-year renewal options after the initial five-year term. April 19, 1995 BOCC approved an amended Agreement for an additional three (3) years, with renewal options and established the reimbursement charges for the service. February 11, 1998 BOCC approved the second three-year term. February 21, 2001 BOCC approved the third three-year term. August 15, 2001 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. February 18, 2004 BOCC approved the fourth three-year renewal term. March 21, 2007 BOCC approved the fifth three-year renewal term. Packet Pg. 2226 T.7 April 18, 2007 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. March 17, 2010 BOCC granted approval of Consent to Assignment and Assumption of the Agreement to Guidance/Care Center, Inc. and approved the sixth three- year renewal term. March 20, 2013 BOCC approved the seventh three-year renewal term with considerations of being connected to the Marathon Central wastewater system. The Guidance/Care Center decommissioned the treatment plant with the water collection system to be extended to the new Municipal sewage collection system. October 1, 2016 BOCC approved the eighth three-year renewal term that expires on March 6, 2019. CONTRACT/AGREEMENT CHANGES: Renewal Agreement shall commence on March 7, 2019, and terminate on March 6, 2022. STAFF RECOMMENDATION: Approval DOCUMENTATION: 02-20-2019 Ninth Renewal to Agreement (legal stamped) 03-07-1990 Guidance Clinic Marathon WWTP Agreement 04-19-1995 Guidance Clinic Agreement 02-11-1998 Guidance Clinic Renewal Agreement (2nd option) 02-21-2001 Guidance Clinic Renewal Agreement (3rd renewal) 08-15-2001 Guidance Clinic Amendment to Agreement 02-18-2004 Guidance Clinic Renewal Agreement (4th option) 03-21-2007 Guidance Clinic Renewal Agreement (5th option) 04-18-2007 Guidance Clinic Amendment to Agreement 03-17-2010 Sixth Renewal Agreement Guidance Clinic 03-20-2013 Renewal and Amendment to Agreement 10-19-2016 Guidance Care Clinic Eighth Renewal Agreement FINANCIAL IMPACT: Effective Date: 03/07/2019 Expiration Date: 03/06/2022 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 Packet Pg. 2227 T.7 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 REVIEWED BY: Patricia Eables Completed Dan Bensley Completed William DeSantis Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending $10,000.00 02/12/2019 12:01 PM 02/12/2019 2:30 PM 02/12/2019 2:37 PM 02/12/2019 2:47 PM 02/12/2019 2:59 PM 02/12/2019 4:04 PM 02/20/2019 9:00 AM Packet Pg. 2228 T.7.a NINTH RENEWAL TO AGREEMENT (Use of Wastewater Collection System by the Marathon Detention Facility) THIS NINTH RENEWAL TO AGREEMENT is made and entered into this 20th day of February, 2019, between the MONROE COUNTY, FLORIDA ("County") and GUIDANCE/CARE CENTER, INC. ("Center"), whose address is 3000 41st Street Ocean, Marathon, Florida 33050. WITNESSETH: . WHEREAS, the parties hereto, on March 7, 1990, entered into an agreement for use of the Center's wastewater treatment plant by the Marathon Detention Facility (hereinafter "Original Agreement"); and WHEREAS, the parties hereto, on April 19, 1995, exercised the first option to renew this Agreement; and WHEREAS, the parties hereto, on February 11, 1998, exercised the second option to renew this Agreement; and WHEREAS, the parties hereto, on February 21, 2001, exercised the third option to renew this Agreement; and WHEREAS, the parties hereto, on August 15, 2001, amended the Original Agreement to increase reimbursement costs to the Center, and WHEREAS, the parties hereto, on February 18, 2004, exercised the fourth option to renew this Agreement; and WHEREAS, the parties hereto, on March 21, 2007, exercised the fifth option to renew this Agreement; and WHEREAS, the parties hereto, on April 18, 2007, amended the Original Agreement to increase reimbursement costs to the Center, 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.; and M WHEREAS, the parties hereto, on March 17, 2010, exercised the sixth option to renew cv this Agreement; and C14 cv WHEREAS, the parties hereto, on March 20, 2013, exercised the seventh option to renew this Agreement and amended certain paragraphs of the Original Agreement; and Page 1 of 2 E Packet Pg. 2229 T.7.a WHEREAS, the parties hereto, on October 19, 2016, exercised the eighth option to renew this Agreement; and 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 Ninth Renewal to Agreement; NOW THEREFORE, in consideration of the terms and considerations herein, the County and the Center hereby agree as follows: In accordance with Article 1, TERM, of the Original Agreement, the County exercises the ninth of ten (10) successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7, 2019, and terminate March 6, 2022. Except as set forth in paragraph I above of this Ninth Renewal to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended and renewed, remain in full force and effect. E U) IN WITNESS WHEREOF, the parties have hereunto set their hand and seal, the day @ and year first written above. a� (SEAL) ATTEST: KEVIN MADOK, CLERK By: Deputy Clerk MONROE COUNTY ATTORNEY'S OFFICE RgVE4 AS T F R PATRICIA EABLES ASSISTANT COUNTY ORNE1f DATE: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson GUIDANCE CARE/CENTER INC. By: Signature Page 2 of 2 Printed Name Title Packet Pg. 2230 T.7.b AGREEMENT 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, 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 Packet Pg. 2231 T.7.b 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. 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% Packet Pg. 2232 T.7.b 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 $300.001 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. Packet Pg. 2233 T.7.b Landscaping- It shall be both parties' intetIt Cp provide a visual barrier between the GUIDANCE C(,INW,'S far it itv and the COUNTY'S Jail Facility. 7. OTHER COSTS: Other than those expressly :.peClified n this agreement, there shall- be no other costs payabin hY either party. 8. INSURANCE/LIABILITY; The GUIDANCE; CLINIC t•;ill. hold the COUNTY harmless for any and all incidents t.h-It occur arising from the installation or operation of the Treatment Plant, 9• ENTIRE AGREEMENT. This docwnert contains the enl.i,.tE agreement between the COUNTY and the GUIDANCE cL1H1c and supersedes and merges herein any and all pri.or or contemporaneous correspondence, communications and agreements related to the use of the subject Treatment plant. This agreement cannot be amended except by a written inFskrument signed by the COUNTY and the GUIDANCE; CLINIr slating that it. is an amendment to this agreement. DATED this h day __Rr., __ _A.D. 1990, in Key 47cst, Monroe County, Florida. GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Marjorie Mearns, President Board of Directors David P. Rice, PhD. Chid Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, PL,OF.IDA Mayon/Chairman (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Depirty Clerk APPROVED AS r0 foRM AND LEGAL SUFF CIEkCY. 41 flY � �. Art rnnys ffire Packet Pg. 2234 r ki MIA 0�\' 'Inc,P di Page 1 TO: Guidance Clinic of the Middle Keys Inc. 11399 Overseas I-Iwy. . Marathon,FL 33050 C/O Ur. l(,vid RiC0 T.7.b Design Manufacture Water 6 Waste Water Treatment Systei Pump Stations PRECAST PRODUCTS CO., INC. PROPOSAL CONTRACT PROJECn': Guidance Clinic Of Thy_, Middle Keys Wastewater 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 Packet Pg. 2235 T.7.b Design Manufacture �^4 Water & Waste Water Treatment Systei \\ Pump Stations Or` �� 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 $4,240.00 Guidance Clinic shall sign Florida UCC-1 agreement when equipment is delivered. Proposed By: _ 4 /� i'�'- te ph .Altenburgident,Monarch Precast Product Inc. Date: Jan. 25, 1990 Accepted By: bi avid Rice Guidance Clinic Of The Middleke} Date: Jan. 29, 1990 Phone (813) 957-7971 ■ 615 Cypress Road ■ Venice, Florida 34293 Packet Pg. 2236 P T.7.b LNDER SLCTION 287.133�jga), E'4�- R- IDS'ETA ON P.UBUC ENTITY CRIMES r" 8. THIS FORM MUST BE SIGNED IN THE PRESENCE O OF A NOTARY FU$I,IC OR OTHER I'FICTrR AUTHORIZED TO A,DMINISI'ER'OATHS. 1. This sworn statement is submitted with Bid, Prop osal, or Coatraex No. for L)SP di I,1A,�e ►,I" : 1 __ - ,I- -L n, J This sworn statement is Submitted by r V r C) R-n1 Ce C �naute ul eaaty Submitting sworn stateme tj% whose business address is 1139F 0 tl"rc.o (if applicable) its Fodaal Prnpiayetr Idem(fication Number TMN) is . (If the entity has no FEIN, include the Social Security Number of the individual signingsworn statement: this swor 3. My name [please print name or individual signing] and my relationship to the entity muted above is ('y.,�A��. 4• I understand that a 'public cttti v. means a violation of any state or- ede federal law by a person with respect to 33(and directly related to the defted in $mP ()(g), Flon----d—n�S�tr� transaction of business with any.public entity or with an agency or political subdivision of as other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of an} ath--r state or of the United States and involving antitrust, fraud, theft, bribery, collusion, conspiracy, or material misrepresentation_ ring, S• I understand th#t "convicted' or "conviction" as d efmcd in means a finding of guilt or a conviction of a public entityParagraph 287.133(1)(b) g, Io:iaa gtatuce, guilt, in any federal or state trial court of record relatingcrme, with or charges brought t b adjudication of information after July I, 1989, as a result of a jury verdict, nonjury trial, or of a plea indictment r or nolo comendere, try p a. I understand that an 'affiliate" as defined in Paragraph 7,1331 a orid _ tuwtes ( )( ), � � means: 2.1- A predecessor of successor of a person convicted of a public crime; or An entire under the control of any natural person who isentity entity and 'who ita: been convicted of a public eactive in the management of the ntity crime, The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active to sgement of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income; among persons when not for fair market value under as arms length agreement, shall be a another person. A person who knowingly point� facie case withthat one person controls venture convicted of a public entity crime in Florida daring the preceding 3b months spars be who has red n affiliate. an r understand that a 'person" as defined in Paragraph 287.133 1 e oricln S curd;. means natural person or entity organized under the laws of any state or of hie United States with a legal —�'�......� any power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity, The term "person" includes those officers, directors, executives, partners, sharehclders, employees, members, and agents who are active in management of an emit}. Based on information and belief, the statement which I have marked below entit)' submitting this sworn statement. (Please indicate whics true in relation to ihtr h 5tgtcsnettt iapplies] Packet Pg. 2237 '�rtther ttl , entity Subraitting thji sworn staLerrlcnt, np= ae t)tfiCet3 partnat5. shareholders, emplc�vees, mari:bnrs, ar agents wbq are acts a it, rnanagem t of he eatlty, nor arty aittoi U of The erttlly h8we bc4st Charged with ar,d v'oavirceti of a public et+wly crime subssttent to July 19f39. The entity avbmitting this sworn atatetttent, or aezc or ntntc cit the v��sz, directors, etcect,HiM, partntrs, akrdrehdlders. entpltsyee~x, members. or agents who art active in management of the e;tLity� or an aft3iiarc of the entry has been char at wi � subsequent to Ally 1, 1984. S th and convicted Of a public entity crime AM ip" t*$# lydic�ate whWh additional, ststtment applies,) 'Y W4 has bCCA a Pro i`n �g c onec i e Late Of p'lorida, Divi•3iotl of �+ t#�fSLrdtive the 004ACUOu baforo t luring' ogiCer of th a heariaebmg 4ttir.er did not pia. the crsdn or N�' 'i3te fct1a1 order etttered(by the laeta rt►py of the final order.)P tuliate rt e CtltivitGd vendor liar, i�ieasa ..._,_ The persoA ()r alfilate was sub uettt A oo tha oottvieted vendor fist. 'i1era has been a ! pxtk`ecctiAg before a hcarittg athoer of the ' Statx Of Plorida, Division of was 1tr>lis . pub }•Ieariags. to a artier ent"Od by Lhe bey$ pf4Cr determited that it Was to the pubiic interest to rr.soove the pesos or admiato from the coaviaed vendor fist. (please ctttt,clt i copr of tht final ardor.] the person or a,m9ate has hnt been PISMd On the Bribe an,y 8CUOU takeA by ot• psadlag with the Dep rtmtnta of G ne Service plus er,,iGPtus fl4 i]aLO. March 27, .i 990 STATE OF lorlda COUNTY OF Monroe PERSONALLY APPEARED SEFOR$ ME, the nndersipud allthoriny" David p. p�Ce, ph.D. (name of indirid>xat sigettngj whop BhCr �lSt bctrsg r" by rite. afta 6d his/bar sipatttre in tau space provided above art this 27 th --.,..,.,_.�. day of March 1-9 90 My commiuloo expires; NOTA�Rj ACTiti �"`• " ""-`�-':~ Carol Ann Smith NOTARY PUBLIC, STATE OF FLORIDA '• � �= � ,^� MY C0h;M;$SI0N EXPIRES MAR, 2. 1991. = ". &Q"V90 YHRU NOVAAY Wwdlm, VmmCkWhi7ckk6. .•,��- . 1"01::I ?UR 7()5,B (Rev. 11/84) Packet Pg. 2238 T.7.c 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 Packet Pg. 2239 T.7.c 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 LO By By Depu Clerk Mayor/Chair n (SEAL) GUIDANCE CLINIC OF THE E Attest: MIDDLE KEYS, INC. BY </'`� By 1044-�e� Chief Exec 04 Officer President APPROVED AS TO F^' jconwaste AND LEGAL SUFF! Y AiP rneya Of,'loe Packet Pg. 2240 T.7.d 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. WITNESSETH: WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the County paid for an upgrade to the Treatment Plant to service their jail facility adjacent to the Clinic, NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Clinic hereby agree as follows: 1. TERM: This agreement shall remain in effect for a period of three years, effective March 7, 1998. Upon concurrence by both parties, this agreement may be renewed with any and all terms herein being 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+� .- i� C Tt = 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 Packet Pg. 2241 T.7.d 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 Packet Pg. 2242 T.7.e 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 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 (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 LHAGE, CLERK eputy Clerk (Seal) Attest: By: Y2 � dhie'tExeculve,6fficer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. rn r =. --0 CD By. �I x . o President to o r► M � ` o APPROVED S T4HUN AND C SUF BY NNE DATE Z' Packet Pg. 2243 T.7.f AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15`b 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. (Seal) Attest: `\`Na�.anne Kr�� ONF ,� *i�Q 1•� NNi* gip`;• #CC799929 a l�n N Q� �; Faln�InsmN;:�� '" N' VZ/CEH IN1NoV\\� 14ESS WHEREOF, the parties have hereunto set their hands and seal, the day and year ,e. BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA eputy Clerk M--#**O' Chief Executive By: �, r Mayor/Chairmarfn -< p Q`�r �► o GUIDANCE CLINIC OF THE 'c��" -0 MIDDLE KEYS, INC. n a By: President //►w-•��-�c.� APPROVED AS TO FOR l� AND L AL SUFFICE Y BY A NE 7' ©� DATE 1W QC E Packet Pg. 2244 T.7.g RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 18'' 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: kx!o,� ✓2� Chiet Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r., c c)' r, By: c-> . Mayor/ChairmAj �5 : �.o —+n c 7-1 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�__� ---- Packet Pg. 2245 T.7.h 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 21 ", 2001, and February 18, 2005 (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 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 WEEREOF, the parties have hereunto set their hands and seal, the day and year gen above. NZ L. KOLHAGE, CLERK Deputy Clerk (Seal) Attest: By: '-_Chijef Executive Officer 6.8 ...............................� AKIN MARTURAN0 = �p Conn* D00437191 'tz �; �wws• ersr2000 = _ ®ate ttvw (a00y1324261= _l Flor Notary AM-, Mlo BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Un Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ra 3 p o Z2 o � By: � rn Execu ve Vice-Pieht r3 • — r� ID c-s'__ f= =10 MONROE COUNTY ATTORNEY^'s co C) c-n zj APPROVED AS TO ff RM: v c. r .j 01 NA ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date— :3=Z=az Packet Pg. 2246 AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) VV 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: 1. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" as amended April 19, 2001 and August 15, 2001, currently reads as follows: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $500.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $500.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $500.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $500.00 per month, these percentages may be re -negotiated." Shall be amended to read: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $580.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $580.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $580.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $580.00 per month, these percentages may be re -negotiated." 2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $580.00 per month including 50% z of those charges in excess of $580.00 will be retroactive from the date of renewal, March 7, 2007, approved on March 21, 2007. c 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, s 1995, renewed on February 11, 1998 and February 21st, 2001, amended August 15, 2001, renewed c 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 as apprdpriation.by the BOCC. L IN WITNESS ViBEREOF, the parties have hereunto set their hands and seal, the day and year first written c above. n T (Seal) BOARD OF COUNTY COMMISSIONERS Attest: DAMP L 'OiHAGE, CLERK OF MONROE COUNTY, FLORIDA Rq, w B6 By: Cl Nputy Clerk Mayor/Chairman V- cn . ~ a c (S€l) �=� GUIDAN E CLINIC OF THE `�' 3 Att: dD-',�`�� MIDDLE YS INC. o w z a ..� o w > u By:- �--- - By; Oc z a - 12- ``' ief Executive Officer resident a_ 0 ¢ 4 Packet Pg. 2247 T.7.j SIXTH RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) TIE 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 find 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. sa Packet Pg. 2248 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 B Depufy Clerk itnesses for CO A- .-1-TS7 OR. SijAture (:91 1-1p DateA Ignature 02 -1-1d Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By M((yor/ChaWperson GUIDANCE/CARE CENTER, INC. I Print ame :JW;C- f;p TitlerAgQT— 4.1 "T'Y Q On — Address: -15001) oc Telephone Number: 305-7rl3y-20j/ CM -.T Q= CM ca:- ck:: (:D CV T Lu MCC zc 7 -2- /a I Packet Pg. 2249 1 RENEWA L (Use of Wastewater Co0ection Symem bY the Marathon Detention Facility T'MS Rene%YM Agreement Is made wid entered into this 20th tlay ofhlarch 2013, belwctn flue MONROE CM)NTY, FLORIDA ("Courfty")and G(JR)ANCE/CARE CE',NTER.,, INC, ("Center"), whose address is 3000 4 1 st Street Ocean, Marathon, FL 33050 WI A'NESSF, I F] 1: , WHERF"AS, the parfies herelo did on March 7, 1990 enter, into an agreement for use of wastmatertreatment plant by the llvlarathon Detention Fa(:i1fty (hereinafier "OrgimaA greemeni"); and WHERE'AS, 1he parties hereto did on April 19, 1995 exereised the first option to renew this agreernent; and Wiff"REAS, t1w parlies hereto (lid oil February 11, 1998 exer6sed 1he second opfion ito renew this agreenient; and WHE'REAS, the parties hereto did (,m February 21, 2001 exerckwd the third opflon to retIONN this agrterneiOand W1 1EIZEAS, the parties herew dd on August 15,, 2001 arnended ffie orighial agreeinent to increme re r in bLKS'CMIC III costs to the Contractor, and WAS, p the arfies hereto did con February 18, 2004 eeir x6sed the fom*th Option to renew dHERE ds agreernent and WHEREAS, the, paTlies hereto &d on March 2t, 2007 exercised the fifth option to remw this agreement;and WHERI-'AS, the purfies hereto did on April 18, 2007 wnended 1he origlirW agreement to increase I reimbursement cos�,s tt�) the Contractor, and WHE,REAS, oil March 17, 2010, The Guidance Clinic of the Mid(ile Keys, Ine, assigned all dal` its right, tifle and interest in and to the Original Agreement to the Guidance/Care Center, Inc. W14)'jRF-'AS, (he parties hereto did on March l7, 2010 exercised the sixth option to ro.-mew this agreement; and WHIII�'RFAS, the parties have Found the (,)figinal Agreement to he frtutuaUy benclicial wid� WIIERE�AS, the Gukkmce/Care Center, Inc. is, needing to decommission the T'reatment Mant with the water collection systern to be exteridof to the new Municipal sewage collection System and� W11FRE'AS, the parfies fuhl that It would be mutu,,fflY 1'uClkoficiaf to enter hito this seventh renewal agreernent and" NOW, THEREFORF', In consideration offfie terrus and a cusidcrafiorus herein, the County and lfae- Center here^by agree as follmvs: 1. In accordance with Article 1, 11�.'RM, of the Origjimfl Agreement, the Counry exercises P the seventh of ten succ,,essive 3-year rertewai c,)ptkms provided for ln the Ofi&al Agreernent. This term will cornmence on Muirch 7, 2W3 and termrmte March 6, 2016, Page I of 4 I Packet Pg. 2250 1 2, Paragraph 2 of the original Agreement -Ownenahip of"Freatment Plant", ctirrently reads as fcfflows� "The GUIDANCE, CLINIC has contrasted with Monarch Precast Company for lnslaflafion ofa 7500 gaflon-rwr--&ti y'Fr eaunent Kant, furtheir described as ExHbit A of t1fis agreelnumt, I Ihe (31'lIDANCE" CUNIC will maintaln full ownership of theTreatmenI Phant, including [11C, OLPWISiM (Jevafled in paragraph 5 ofthk agreement," Shall be amended to read, "(Jpon decommissiorling ofthe Treatment Plant, the Center shaH maintain ownership of the wastmater coflection and delivery systent f'or the C enter's facilifies of which is on C,enter's property and includes the Influent Manhole, primary Lift Stafion and Force, Maan to the klunicijxil Collection systern. The Cmtnty wil take ownership of the Marathon JaWs coHection and dchvery systern of whk.,h ls on Cl,ounry property and includes thic, Secondm�), Lift Station and Force Main ffinn the Secondary Lift station to the Influent Manhole." llarag,raph 3 c&the orighlal Agreement "Locaflon of"I'reatment Plant", currently reads as Mlows: "'Thue; Treatment Plaint, hichldolp, the expamdon detailed in paragrarph 5 ofthis agreement, will be located cnflrely on the property, owned by the GlUff)ANCH, CIANIC 41 Marathon, F,Iorida, and whose physical address is 3000-4 la,( St, Occan, Marathon, Florkht 33050 " Shall be amended to read;� "T'he ("enter"s wasLevvater ccfleokmi and delivery system w0l be located entirely on the pzope,rty owried by the GUidance/Care Center, Inc, whose phYsical ad&ess is 3000 4 1" St. Oc�,,,an, Marathon, Forida 33050, The Marathon ;hail's wasiewater coHccfiona,md delivery system is located on property mvml by MOWIY°CW ("OUT0,Y with t1he Marathon JaWs physcal addre�sss hewn g 396 h Ocean Terrace, Marathon, Horida:33050," Paragraph 4 ofthe original Agreenrent "Use ol'Treatment Plant", (an-renfly reads as foHoNvs "'IlUpon histaHation, inspection, mid opeiation of the GRADANC f7 I CLINIC's 7500 gaHon- per-day Treatment Plant, ffic COL-INTY is authorized, at no cost to the COUNTY beycmd that conlained ln paragraph 6 of this agreement, to use (lie Treatmem Plant in the operation of its pail fa6fity to be hocatcd in IMarathimi, 11orkia," ShaH 1!)e arnended to read: "With the excepthon of County"s r(:finbursemera to the Center ofaportion of experided E'Ingineering Feei f6i the dcsgn of the ( 'enter's nem NRaste water collection and delivery system of'$5,2`50,00 or 5,(l% of [`ngiricering Fee elxlpenditure; upon the himallation, inspeclion and ol!heraflon of the Center's waste water colleclion and delivery system, tile Countyr is authorized, at aeon cost to the County beyond that contained in paragraph 5 ofthis agreernevit, to use the Clirk's waste Nvater coll(A.Ak:x) and defivery sYstem ofwhich is, lirrifted to the Influent Manhole, 11firnmy I.Aft Station md Force Main connected to the MurOcir.W collection systern, hi'voicAng and docurnentation acceptable to the a, Aerk of Court Page 2 of 4 I Packet Pg. 2251 1 shall be provided by the Center for County rehilbursernent" 1. Paragraph to ofthe original 1990 Agreement -IkosponsR,nHities of'Parties" and was parfially aTnended A, pril l 8"', 2007 reads w, fi-fflow� L Parkigraph 5(B) of the original Agreerywiv "Mcmthly Maintenance and Operation" as amended February I I, 1998, August 15, 2001 and March 18, 2007" — "Shall be amended to read�" "it is understood that routine maintenwice and operation shall be performed on Vie Treannent Plant, the total cost of"lei ch is esthnated at no more than $580,,00 per month. 'I'his monthly inaintenence will bccontracted, aanndi paid by'die Clinic 'The County will reimburw ffie Chnic for, 100% of these charges, to to $580,00 per nuarith, The Coucy will reirnburst the Clinic for 50% of those charges in excess of $580,00, reimbursement to be made within 30 days of bounty's rec,,eipt of invoice, If routine maintenance costs consisWntlyr and sipificandy deviate from $580, 00 per month, Ote-se percentages may be, re -negotiated," SN,ifl bt,, amended to rea& `5. Responsibfl !ties of'Partics� A11tiIJAiRs, - The Florida Keys AquedLKA Authority wW invoice the Center and the Couwy each for their own water and wkalevvater, use, It is the respcnsibflity of [lie I C'enter and the ('nanny to pay fin, their re-spective utifities, 13, For any ongoing maintenance agreements or charges the Center may ineur For inaintaining the Primary Lift Station, kwated on Clenter's Propelly, the County shall reiniburse the (.'ejjtcr for 501X) of these charges, For any ongoing miaintenance agjrCeYjj('qjts or charges the County may incur fear rnaintahiing the Secondary Lift Station lm,,aed on (.,ounty prc,aPerty, the (".ounty shall pay 100d% of these charges, lnwkes and docunientWon acceptable tea the Clerk of (;"ourt shall be provided by the Center for County C. Unforese'en )��Clqirsl The ("..ounly wffl rehnburse the Ceriler for 50% of afl unf6reseen oir emergcney repairs l:o the Influent Manhole or Primary Lift, Station 1ocatcd on Center's properly, The County wHi pay 10011,,fa of all untbreseen or ernergency repaurs to the Sccondairy Liff. Staflon located on County property. Invoices and doe arnentat ion acceptable to the Clerk of Court sl-hall be provk1ed by the Center for County rehubUrsement. 1). Connect ions I, he Counly will be responsible I'& payinent ofall charges for, the connection of the County's force fnain hao the enter's influent Marthole located on the C.enter's property, (AhCN)NiSC, the CciurOy and the Center will each be, responsible for payment of aH charges involving [fie conneeficm of their respective facifities to the MUAcil,ml collection sysietn. ExcelA as set fbrth above of this Seventh Amended Renewal Agreement, 41 all other respects, the tenns and conditions set foyth in the, Original Agreement, as renewed and ainended, remain in Full force and effect. Page 3 iof 4 I Packet Pg. 2252 1 IN WITNESS WHEIROF, the parties have hercunto set the�r hand and seal, the day wid year firsriticii above, (Seaq) At�test� Amy Heavflkn, Oerk 4; . .......... Dep0ty CIV* BOARD OF COLNTY COI WSMNEM OF MONROE COUNTY A By........... Mayrjr/Ch rmwi GUMNNE CARE/CENTER NC. By Richard E, St6nberg PresWent and Mef ExeCUtIve Officer 0 (C.orporate Seaq) I Packet Pg. 2253 1 AMY 11-EA VIL IN' (TERK OFTHE ITUM71111"COURT 114 70 4pril 5, 2013 71): Dent Pierce, Director WWWAs MhOon A TM Beth Letq Wswnt Mecaw Public Works DiOsion F'ROM: Paincla G llanc�.,;", I At the Marchi 20, 2013, Board ot'Caunty Conirnissioner's meefirq..,,., the Board granted ,approval and au.tfiorized execution of the followint..?,: Item C5 Revised Agreemem whh SberiffRichan.:1 A, Ramsey to provide office space to the Wpm: COuly SIMwiff"S Departinent m the Munay E, Nekon COvenmient and CWtmal Am- in Key Largo, I'L, I (ern (..,6 Renewal Agreement vddi ChddanedCare C,enter, Inc, Rw waslemater treatment 2 processing, from To Ndarathm Detenbin WAR, r C, (I U EncWsmi is as duplicale Monal of eadi of the abovemeMiontA Or )wur hamiling. Shmdd you have any quembns, please do not hesitale to contaict this office. cca "cranty AflOrlICY l'inwice File I Packet Pg. 2254 T.7.1 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 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 hereto did on March 20, 2013 exercised the seventh option to renew this agreement; and Page 1 of 2 Packet Pg. 2255 T.7.1 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. BOARD OF C°OUN" 'Y CO MIS;SIONERS OF MONROE C, . / dvlaYoi~i ,,hairrra ~'II'IDANCE CAR1 CENTER INC. "" ..... SignatUre BY i Pri d Name ..._..._,..�a....::.........__� .....wwww Title Packet Pg. 2256