Item C12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21 22 2001 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew the agreement with The Guidance Clinic of the
Middle Keys, Inc. for wastewater treatment processing from the Marathon Detention Facility.
ITEM BACKGROUND: The lease between Monroe County and The Guidance Clinic of the Middle
Keys, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility expires March 6,
2001. In accordance to Article 1 of the original Agreement dated March 7, 1990, the lease may be
renewed for ten successive three (3) year terms, after the initial five year term. This is the third renewal
option leaving seven (7) additional successive three (3) year terms available.
PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, BOCC approved an Agreement with
the Guidance Clinic of the Middle Keys, Inc. for usage of the newly obtained wastewater treatment plant
for the Marathon Detention Facility, for a period of five (5) years. On April 19, 1995, BOCC approved an
amended Agreement between Monroe County and The Guidance Clinic of the Middle Keys, Inc. for a
term of three (3) years, with the option to renew nine (9) successive three (3) year terms, and on February
11, 1998 the BOCC granted approval of the second three (3) year term leaving eight (8) additional
successive three (3) year terms for renewal.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $7 000.00 Approximate
Cost to County: $7 000 00 Approximate
BUDGETED: Yes X NO
Account #20505-530-540
REVENUE PRODUCING: YES — NO X AMOUNT PER MONTH YEAR
APPROVED BY: County Atty. OMB/Purchasing Risk Management .
Item Prepared b
Carlos Zarate, Sr. ?jrector, F�lities Maintenance
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included X To follow Not Required '
DISPOSITION:
AGENDA ITEM # Int"11 20
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: The Guidance Clinic of the Middle evs, Inc. Effective Date: 03 /07 /01
Expiration Date: 03 /06 /04
Contract Purpose/Description:
Renewal Agreement between Monroe County and The Guidance Clinic of the Middle Kevs, Inc.
For use of their wastewater treatment facility by the Marathon Detention Facility.
Contract Manager Ann Mytnik 4431 Facilities Maintenance
g (Name) (Ext.) (Department)
for BOCC meeting on 02/21,22/01 Agenda Deadline: 02/07/01
Total Dollar Value of Contract:
Budgeted? Yes X No
Grant: $ N/A
County Match: $ N/A
Estimated Ongoing Costs: $ N/A
(Not included in dollar value above)
CONTRACT COSTS
$ 7,000.00 Approx. Current Year Portion: $ 4,083.00 Approx.
Account Codes: 101 - 20505 - 530 - 340 -
ADDITIONAL COSTS
Fnr-
(eg. maintenance, utilities, janitorial, salaries,
CONTRACT REVIEW
Division Director
t/,�,L/�
Risk anageRang
O. /Purc
County Attorney
Changes
Date In Needed R v�ewer
Yes No
oZ / 5 /� (
() (t�' Gl-
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2 62214L
Date Out
o� l l / O /
Comments:
OMB Form Revised 8/30/95 MCP #2
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:
1. In accordance with Article I 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
Lo
(Seal)
Attest:
LM
Deputy Clerk
Chief Executive Officer
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
al
Mayor/Chairman
GUIDANCE CLINIC OF THE
MIDDLE KEYS, INC.
APPROVED -AS TO FOR
AND L SUFFICIE
BY
NNE HU ON
DATE G 2
President
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.
mTMVVCCVmu.
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, w•
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 concurrdnce by both parties, this
agreement may be renewed with any and all terms herein being renegotiable, for
eight successive three (3) year terms, in accordance with the initial five (5)
year agreement effective March 7, 1990, as amended on April 19, 1995. The
County may terminate the agreement at any time by 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 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 1001. (.A these charges, up to $300.00 per .month. The
County will reimburse the Clinic for 501. of those charges in excess of $300.00,
reimbursement to be made within 30 days of County's receipt of invoice. If
rout-ine mai_nt.enance co>,t, consi ,tontly and signi.fi_cantly deviate from $300.00
per month, these percentages may be renegotiated.
C. Unforeseen Repairs - The County will reimburse the Clinic for 501
of all. unforeseen or emergency repairs to the Treatment Plant after the
expiration of: the warranty period. Such repairs will. be contracted for and
Paid by the Clinic, with doc.umcntat:ion to be provided to County to support
�� snare. Th percentages may be
renbgotiated from time(..','.,') time as revisions to, or ne �``Vepair and maintenance
contracts are required.
D. Connections - The County and Clinic will each be responsible for
payment of all charges involving the connections of their respective facilities
to the Treatment Plant.
E. Landscaping - It shall be both parties' intent to provide a
visual barrier between the Clinic's facilities and the County's Jail Facility.
6. OTHER COSTS: Other than those expressly specified in this
agreement, there shall be no other costs payable by either party.
7. INSURANCE/LIABILITY: The Clinic will hold the County harmless for
any and all incidents that occur arising from the operation of the Treatment
Plant.
8. ENTIRE AGREEMENT: This document contains the entire agreement
between the County and the Clinic and supersedes and merges herein any and all
prior or contemporaneous correspondence, communications and agreements related
to the use of the subject Treatment Plant. This agreement cannot be amended
except by a written instrument signed by the County and the Clinic stating that
it is an amendment to this agreement.
�.`R3P�NESS WHEREOF the parties
ink-yeaz:irst above written.
Attest: DANNY L. KOLHAGE, CLERK
&-mot ADepu
,iCler
, .
(SEAL)
Attest:
2Z/
By: V .n
ief Executive Officer
hereto have executed this Agreement the
BOARD OF COUNTY COMMISSIONERS
OF MOONROE COUNTY, FLORIDA
Mayor/Chairman
GUIDANCE CLINIC OF THE
MIDDLE KEYS, INC.
r
�/.WM //`�W
PAMA
1
APPROVED AS TO FORM
AND (r-gA(
ROBERI N
TWO
DATE
MeN
THI$ AGREEMENT is made and entered into this -]q day of
\ , 1995, by and 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.
.�7IM66129i;A
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 (3)
years, effective March 7, 1995. Upon concurrence by both parties, this agreement
may be renewed with any and all terms herein being renegotiable, for nine (9)
successive three (3) year terms in accordance with the initial five (5) year agreement
effective March 7, 1990. The County may terminate the agreement at any time by
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 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 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
(4 W
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
'LAJ P
B CJ�
Dep y Cler� Mayor/Chair an
(SEAL) GUIDANCE CLINIC OF THE
Attest: MIDDLE KEYS, INC.
By ZA BY
Chief Executive Officer President
APPROVED A✓ TO
jconwaste ANC r 'AL SIJFFI Y
- ti;771ner6 OfuiB
APR 91990,
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
WITNESSETHc
WHEREAS, the GUIDANCE CLINIC is currently in the process of
constructing a new facility in Marathon, Monroe Coupty, 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
i period of five (5) years, effective on the execution date of the
agreement. Upon cogcurrence by both parties, this agreement may
be renewed with any and all. terms herein being renegotiable, for
u
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
1
CLINIC. The COUNTY will reimburse the GUIDANCE CLINIC for 100%
I
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. '
V t4.,
0
Lanci:;captnq- It shall be both PArl ic':;i fit-InI
provide a visual barrinr botwcon the C,UT,DANCL i 1 I t.%r
and the COUNTY' S Jail Facility.
7. amvR-•.COSTS: Other Min those. expre,;:; Ly rpf&c:if iod s n
'his a1Ireemt►nt, there: sha1.1 be no ottior costa Pay; toot by oj,titr:r,
Lfarty.
8. INSlTRANCE/LIABILITY: The GUIDAN(;k CLINIC will. itvld
t'.,u COUNTY harm3ess for any and all irrc;1dLrits t.h.tt o<;rur «rising
from t2ieinstallation or operation of the Troattnent. PI -ant.
9. ENTIRE AGREEh1ENT. This docu;ncnt conr.Ai.a;; 01C ent.{rc
agreement between the COUNTY And tilt: c;UrrJANCE CLINIC: and
supersedos and merges linvein arty rind alb P1 I or cat•
contemporaneous correspondence, coinmunloAt.iund and t:;7r44mcnts:
related to the usc of the subject 'Preatment Plant. This
.groement cannot be nmended except by a written inSI.t wne•ut
sIgned by the COUNTY and the GUTDhNCL CL'LN.r(,: stat.ltiq that, it is
an dnicrtdrnnnt to thiu a(Ireement.
DATED this `clay t:cty
Monroo County, Florida.
GUIUANCE CLINIC OF THE
MIDDLE KEYS, INC.
Marjorie Mearns, Pr:erident
Board of Directors
P--.:id r. Rice, Phr).
C?ltol_ Executivim. orf,icor
BOARD Or C:UUNTY COMMIS.,10NI•MS
OF MONROE COUNTY, VIX)R.IDP.
MeyoX /Chin rtnAn
(SEAL)
Attest: DANNY/LL. KOLHAGE, CLERK
Depluty Cl C
APPROVED AS r0 coRv
AND LEGAL UrrIVENC-4
GUIDANCE CLINIC OF THE MIDDLE KEYS, INC.
300041 ST STREET, OCEAN
MARATHON, FL 33050
(v) 305/289-6166 / (f) 305/289-6170
February 9, 2001
Ms. Ann Mitnik
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
Dear Ms. Mitnik:
This is to confirm the monthly costs for maintaining the Wastewater Treatment Plant that the Marathon
Jail shares with the Guidance Clinic of the Middle Keys, Inc. We request that the maximum for routine
maintenance be increase to $500 00 Current monthly costs are as follows:
$300.25 Maintenance
181.80 Monthly Testing
$482.05 Total
We have attached a copy of the most recent invoice from Synagro Technologies for your files.
Since costs have a tendency to increase rather than decrease, we request that there be an escalation
clause in the three-year contract. The clause should allow for an annual review of the charges to keep
the reimbursement in line with the costs. We would also request that any charges in excess of the
monthly costs be shared equally as in the previous contract.
If you have any questions, please call me at 305-289-6166. Thank you for your consideration.
Sincerely,
Marianne K. Benvenuti
Chief Fiscal Officer
Cc David P. Rice, PhD., Chief Executive Officer- �{�T
Debra Barsell, Director of Operations
r B 1 2 2001
CHILDREN
Partial) f n he Florida D artment of Children & Famili Di ri t 11 & FAMILIES A
f�e��iVDr9 .�r►'� 12
Tavernier FL 33070
(305) 852-5103
Invoice Number:
Bill To:
Guidance Clinic, Inc.
3000 41st. St.
Marathon FL 33050
Customer ID
GUI100
Customer PO
ate of Service Description
1/1/0] Sewage Treatment Plant Operation
1 / 1 /01 Monthly Testing of the W WTP
INVO4508
Invoice Date:
2/1/01
Page:
1
Payment Terms Due Date
Net 30 3/3/01
Quantity Unit Price Extended
1.00 $300.25 $300.25
1.00 $181.80 $181.80
Please Remit "I'o: o Southeast - Florida
PLEASE NOTE CUSTOMER ID & INVOICE NUMBER ON CHECK
c/o y
c/o Synagro Technologies, Inc.
7533 Collections Center Drive
Subtotal
$482.05
Chicago, IL 60693
Tax
$0.00
SYNAGP,-,O Freight
$0.00
White —Customer Copy
Yellow —Customer
Total
Copy (Return With Payment) Pink —Pile Copy
$482.05