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Item D07BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance —�-- Staff Contact: John W. King/ext 4431 � AGENDA ITEM WORDING: Approval of a Renewal 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 on March 6, 2007. In accordance to Article 1 of the original Agreement dated March 7, 1990, the lease may be renewed for ten successive three year terms, after the initial five year term. This will be the fifth renewal option leaving five additional successive three year terms available. PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, the BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an additional three years, with renewal options. On February 11, 1998, the BOCC approved the second three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August 15, 2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On February 18, 2004, the BOCC approved the fourth three-year renewal term. CONTRACT/AGREEMENT CHANGES: Renewed Agreement shall commence on March 7, 2007 and shall terminate on March 6, 2010. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Approx $10,000.00 per year BUDGETED: Yes X No _ (Approx. $6,600/yr for routine maintenance and Approx. $3,400.00 for of excess charges COST TO COUNTY: Same SOURCE OF FUNDS: Fines & Forfeiture REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management _X_ / DOCUMENTATION: Included ✓ Not Required DISPOSITION: Revised 1/03 AGENDA ITEM # M E M O R A N D U M DATE: February 28, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — March 21, 2007 BOCC Meeting Approval to Renew Agreement — Wastewater Treatment Plant by the Marathon Detention Facility The Guidance Clinic of the Middle Keys 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 on March 6, 2007. In accordance to Article 1 of the original Agreement dated March 7, 1990, the lease may be renewed for ten successive three year terms, after the initial five year term. This will be the fifth renewal option leaving five additional successive three year terms available. The renewed agreement will commence on March 7, 2007 and terminate on March 6, 2010. I hereby recommend exercising the fifth of the ten options to renew the agreement for three -terms in accordance with Item 1 of the original agreement dated March 7, 1990. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Clinic of MK Contract # Effective Date: 03/07/07 Expiration Date: 03/06/2010 Contract Purpose/Description: For the use of the wastwater treatment plant by the Marathon Detention Facility Contract Manager: Jo B. WALTERS 4549 Facilities Main/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 3/21/07 Agenda Deadline: 3/06/07 CONTRACT COSTS Total Dollar Value of Contract: $ app 10,000 Current Year Portion: $ 5,833.33 Budgeted? Yes® No ❑ Account Codes: 101.-?�45g4--30-340- Grant: $ N/A - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, ate In Division Director 0 CONTRACT REVIEW Changes Neede' Yes❑ N Risk Mane en� Yes❑ N O.M.B./Purchasing -2Yes❑ N County Attorney v Yes❑ N Comments: OMB Form Revised 2/27/01 MCP #2 �� Date Out 311? 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 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. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, February 21, 2001, and February 18, 2004, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year fast written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK to Deputy Clerk (Seal) Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: By: Chief Executive Officer Executive Vice -President MONROE COUNTY ATTORNEY APPROVED AS TO F RM: 1-9 4NALEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date s -3- Z-427 RENEWAL A (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 19* 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 panties 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. The County will reimburse the Guidance Clinic 100% for monthly routine maintenarice and operation of the wastewater treatment plant up to $550.00 per month. The County will reimburse the Clinic for 500A of any excess charges over $550.00 per month. 4. In all other respects, the original agreement between they pasties 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 farce and effect. WITNESS WHEREOF, the parties have hereunto meat their hands and seal, the day and year L. KOLHAGE, CLERK Deputy Clark (Sew) Attest: o By: r _ Chie Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r-a -TT rn CO) Mayor/C o By P GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: Vice -President ,.'JL GVUNTY ATTOR EY APPROVED AS M: S72ANNE MOM ASSISTANT CO ORNEY Date_3 T AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15d' 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: 1. 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'/o 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. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. VESS WHEREOF, the parties have hereunto set their hands and seal, the day and year re. L. KOLHAGE, CLERK By. puty Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA V a yV' By: xzx v (sue) GUIDANCE CLINIC OF THE ��rCD Attest: MIDDLE KEYS, INC. ram►„ By: \����;!� •••• y Chief Executive Officer President r� CPO % i' ?4'•' �./� AND APPR�vAl SUfFtED AS �C E� Y ,� •; #CC799929 ; p BY '��'��.i`;Blic"�'�:\�`���� DATE ii RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 21f° 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. (Seal) Attest: In all other respects, the original agreement between the parties dazed March 7, 1990, amended on April 19, 1995, and renewed on February 11, 1998, remains in full force and effect. &1EREOF, the parties have hereunto set their hands and seal, the day and BOARD OF COUNTY COMMISSIONERS LHAGE, CLERK OF MONROE COUNTY, FLORIDA N 0mma_ LM_M ' By. Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. oC z x> ors s r= � o a By: President —� o = ;c..s tTt r �o c� O co e I1► 4-6 v C 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. WTTN1PRRF.TU- 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,,, fry eight successive three (3) year terms, in accordance with the initial -five (5q year agreement effective March 7, 1990, as amended on April 19 19§5. Th;A County may terminate the agreement at any time by providing the C3-jifitc writtejl notice at least 180 days in advance. o 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will M&W �i.n ul�j ownership of the Treatment Plant, as expanded under the prior agree}ofttr y- 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, i�utii ling --then 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 xaquests 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 w,ar.4irst above written. Attest: AN1tY L. KOLHAGE, CLERK By: Dep Cle (SEAL) Attest: By: G!ii hief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. , or/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By. President AND APPROVED AS TO FORM Al FIC 8 ROBERT N. W DATE — �? 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 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:rn 1. TERM: This agreement shall remain in effect for a pelf three (3)6 years, effective March 7, 1995. Upon concurrence by both parties„4h�Ts .ogre ent- may be renewed with any and all terms herein being renegotia@*' Jor nits (9)T- successive three (3) year terms in accordance with the initial five (5) y 68igre men effective March 7, 1990. The County may terminate the agreemen"a# qny to byn 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 10090 of these charges, up to $300 per month. The County will reimburse the Clinic for 503o 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 507o 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 By Depu Clerk Mayor/Chair n (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. BY BY 10�4441" Chief �F. cu t1iiOfficer President APPROVED AS To Fn- a iconwaste AND Y A rfMy1� OAio� AGREEMENT This Agreement is made and entered into this day of 441ea I A.D. 1990, by and between the COUNTY OF MONROE, State of Florida ("COUNTY") and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("GUIDANCE CLINIC"), whose address is 11399 Overseas Highway, Marathon, FL 33050 WITNESSETH• WHEREAS, the GUIDANCE CLINIC is currently in the process of constructing a new facility in Marathon, Monroe County, Florida, and ; WHEREAS, the GUIDANCE CLINIC has a contract to purchase, and has obtained all necessary permits and authorization for placement of, a 7500 gallon -per -day Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the COUNTY will be constructing a jail facility on the property immediately adjacent to the GUIDANCE CLINIC'S new facility, and WHEREAS, the COUNTY will be in need of a Waste Water Treatment Plant for their new jail facility, NOW, THEREFORE, in consideration of the terms and considerations herein, the COUNTY and GUIDANCE CLINIC hereby agree as follows: 1. TERM: This agreement shall remain in effect for a period of five (5) years, effective on the execution date of the agreement. Upon concurrence by both parties, this agreement may be renewed with any and all terms herein being renegotiable, for 10 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 no=ice 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 andOperation- 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 $300.00, reimbursement to be made within 30 days of COUNTY'S receipt of invoice. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Unforeseen repairs- The COUNTY will reimburse the GUIDANCE CLINIC for 50% of all unforeseen or emergency repairs to the Treatment Plant after the expiration of the warranty period. Such repairs will be contracted for and paid initially by the GUIDANCE CLINIC. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Connections- The COUNTY and GUIDANCE CLINIC will each be responsible for payment of all charges involving the connections of their respective facilities to the Treatment Plant. . a-u. c... x• �a•vo Landscaping- It shall be both parties' intent to ' provide a visual barrier between the GUIDANCE Cr,INIC'S facility and the COUNTy`S Jail Facility. 7. OTEI$R_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. PRIRE AGREEMENT, This document contains the ent.i.re agreement between the COUNTY and the GUIDANCE CLTNTC 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 GUIDANCE CLINIC' Stating that it. is an amendment to this agreement. DATED this j_ day __J/l A.D. 1990, in Frey West, Monroe County, Florida. GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Marjorie Mearns, President Board of Directors David P. Rice, PhD. C_hiet executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: A�"- Deputy Clerk 4 APPROVED AS 70 FORM AND LEGAL Sl/FF /EMCY. s By Aft ey's r. F1 MA7.", Page I TO: Guidance Clinic of the Middle Keys Inc. 11399 Overseas Hwy. Marathon,FL 33050 C/O Dr. Livid Rik-(r Design Manufacture Water 9 Waste Water Treatment Systems Pump Stations Hl PRECAST PRODUCTS CO., INC. PROPOSAL CONTRACT PROJEC': G»idance Clinic Of Tho 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 specifications. 1. One 7,500 G.P.P. Monarc-h Precast concrete Wastewater Treatment System complete front inlet to outlet of plant. * This system shall contain: a.Sett.ling tank 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.All 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 coamencment. Phone (813) 957-7971 • 615 Cypress Road • Venice, Florida 34293 Design Manufacture Water 6 Waste Water Treatment Systems Pump Stations PRECAST PRODUCTS CO., INC. Page 2. PROPOSAL CONTRACT January 25,1990 *Monarch shall furnish all New equipment which will meet 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 20% of total contract price upon completion if construction $8,480.00 10% of total contract price upon inspection by Engineer $4,240.00 Guidance Clinic shall sign Florida UCC-1 agreement when equipment is delivered. Proposed By: J eph .Altenburg esident,Monarch Precast Product Inc. Date: Jan. 25, 1990 Accepted By: /, E 2! 2-� vid Rice Guidance Clinic Of The Middlekeys Date: Jan. 29, 1990 Phone (813) 957-7971 • 615 Cypress Road 0 Venice. Florida 34293 S�i'(*N_STAT MEET' UNDER SECTION ELQRIRA cars �rrrr� ON pt78LIC ENi1T Y - CR bws THIS FORM MUST D SIGNED 77 AUTHORIZED TO awMiNI5r88,OATPRESENCE pF A NOTANOTARYPU$LiC OR OTHER OFFICER 3S. This swots statement is submitted with Bid, Ore / 1 ' Proposal, Or Contras No. . fQr __ Ore d7 t ijk Mf 1 , ! ., , _ ..,� . _ � A jo l ....... 'i$is SWOM Cement is Submitted by 6 V d A?JCv Q." ].. tlaattla of entity C. $ �A statement] whose business address is / l,3 9 d , }.,.o - Lb-) . . aPP1e) Federal smployetr Neon Number ( •�••• me ftafty has no fir, 11siude the Social Security N=bw of the individtutl signing this sworn statemenz: 3. Mp name is ) [lam P� acme of indiHd�1 ji�gl and mYp to tits entity named above is 4` I Understand that a 'per .et�ity mime" as defined is . means a violation of any state of fedoral law by ap g�tph 287:133(3)(g}, Eloridn filet +tk_ transaction of business with any.publie entity or With awn to and directly related to the state or with the United States, including, but not lunftency or political subdivision of any other to be provided to any public entity or an lidial �' AY bid Or contract for goods or or Of the United States - and involving antitrwr agency or h. subdivision Of a� nth r stela conspiracy, or mataW �eprasentation. `tea'+ bribery; collusion, 'ring+ 5• I understand th#t-convlctcd' Or'c0avicdOW as defted 'cater a finding of conviction of a pub is Paragraph Z8'1.133(1)(b). F�rlda Staff $ ,Svi� or a m or sntornaain any leder4 or state trial court of record �e'with arges biro an adjudication of paty or polo contend i' as a result of a jht ury verd , nonjur}, &indict4 ent o 6. 1 understand that an 'atiillaW as defined in Paragraph J33(l)(a), tea L A predecessor or successor of a rn�ois: y parson convicted of a public am# cTh= or An entiry under the control of any natural peraou Who is active in the entity and 'who has been convicted of a public sari Management of the Offift S, directors, executives, partners, shareholders, ty crime- The term 'aMwer includes those in �Eement et as a$iliat� The owners employecs' Mm' and agents who are acti n interest is another person, or a potsling of �' ° person of shares constituticg a controlling market value under an arms O a equipment or jute among persons when not for fair another person. A person wl geement, shall be a prima � case that one person controls convicted of a public entity 41�n `enters faro a joint vesture with a pctaon who has been Maze. p ty crime in Florida during the preceding 36 months shall be considered an 4 understand that a 'pence" as deffned in Para natural person or entity or aniZ l'Ph3(I)(e)� s = means nny power tb enter into a binding contract and whlCh bidslaws of orapP� tgate or bid Oil oontrb►Of the United $ct�s p hProvisione of goods or services 10t by a public entity, or which othcnvise transacts or a with a public entity. The term 'person' includes those officcm Pp m to transact business shareholders. employees, members, and agents who are active in ' directors, executives, partners, M=gament of an entity,. & Based on information and belief the statement which I have marked below is true in relation to iht: entity submittLag this sworn statemenk (please indicate which states ern applies j f,3 Neither tt,, eneiey $ubmitting this sworn staumeanr palrtAM ahatrehol3tta, 4:M loyees, t»eMbena, or • n0r any otGcers, dir,:Mrs. ew4ClTivc , nor anv affiliate of else ertcily t1>tre 6�tiaat tharg nwiab dcvaa "cIS =ng pMtA` f rho crime s+:bst�vent to ra;iy ,. lc�$9. Y ._— The st,tity aat►bmitiing this sworn stit64saat, or aaa Or mare. Ot tlae exeefstivea, partners. shuehokk s, tity emplabc. teem ' diroc7�ax. the entity. or asap BSiilinte. 0( the o;em Ms M CM Qr a is who arc actfve � sttana8emcat of subscquftt tb yaly 1, 190. A= 1plun taadtams � wfth aai coavimed of a public entity cxit o wltteb sdCtissoal+al. staeneC�,t aPpiies.) Themb4s ban a proceEdta caaacer o= tpe c0ttvlCtJOts Wore $bearia , o ti `rate of Florida. DivL�io� of A�ritive 8 mar of ltearW1 O(UW did, not pr e. the pea>xat or altiDtt p. 7te foal order entered by the �b at copy of ilia tfasi ordfrhe 'tad vendor lino, pl," Tbd Pe404 or aldtinta3 was P om ooavfued su"Utmt proceeding betoab t besting veadat Wlt 'mxra has b.= a A t AiWalive 8 ogleet of the 'SUW eK ftriela, Divis og of K l or+0ar eateared by the b�$ Offider daarmi ed tl:at it Wss aq thti pvbS� i>:YerM: to rtsnove the: tytr atiil>ai►te 1�r0raa the C0llvigted vendor tilt. (Please tattaach a ;off at tm Dana) oardvr, IU person or Aiiate has vAt begs . be ralany INCUOtt taken byw V.W g Ma sae the W#Wcud vmdor fin ji+leeso pasrab of a".,, S�icss.j � atttt • �'�..wYs miter March 27 i 990 STATE 'Olt n2rjda COUNW UP Monroe �. PERSONALLY APPEARED BF.,irORS Mi:', tke nadasi acd $fit +�tY, David P. Rice, Ph,D. tease of lti4fvidtuet :igatingj `-' mho• ift�t Sr3t bCta!!g n 5Y � >t�cet# his/ltar aig+3atbre in tau space provided tabovc 0D tbis 27 th �.---�- clay Ct March�a �y conustitsioe expir4s: NOTARY PUBLIC, STAT9 OF FLORIDA MY CONMtSSION EXPIRES MAR. E. 101. *014990 TMAY MoY4AY 1.60sUC VA7•AWAITCks. Far,'l PUR 7068 (Rev. 118) Y �V NMiF �VA�t� ,Z CMI Ann Srnf th 5i