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Item C26
C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting August 20, 2025 Agenda Item Number: C26 2023-4371 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Suzi Rubio n/a AGENDA ITEM WORDING: Approval of an Agreement for the County's use of the Guidance Care Clinic's wastewater collection infrastructure by the Marathon Detention Facility. The Agreement will be in effect for five (5)years and renewable for five (5) additional five (5)year terms. The County agrees to pay 50% of the regular maintenance and repair of the primary lift station and 50% of unforeseen or emergency repairs to the influent manhole and the primary lift station. This Agreement is budgeted and will be paid from Facilities Corrections. ITEM BACKGROUND: The Agreement and all renewals with the Guidance Care Clinic for use of the wastewater infrastructure were exhausted as of March 6, 2025. This Agreement will be retroactive to March 7, 2025. This agreement is the County's agreement to share repair costs for the shared wastewater lift station. The County's Marathon detention center wastewater flows into the shared lift station and subsequently into the Marathon central wastewater treatment system. Originally, the County's wastewater was treated in the package wastewater treatment plant at the Clinic. When that plant was connected to the central sewer system, it was more economical to continue send the detention center wastewater to the Clinic's lift station and through it to the central wastewater system. This continues that relationship with the Clinic. PREVIOUS RELEVANT BOCC ACTION: March 7, 1990 - BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. April 19, 1995 - BOCC approved an amended Agreement for an additional three years, with renewal options. 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. 1500 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 and Assignment Agreement 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 and to extend the expiration of the original agreement to March 6, 2016. October 19, 2016 - BOCC approved an amendment for the eighth three-year term, retroactive to March 7, 2016. February 20, 2019 - BOCC approved an amendment for the ninth three-year term. February 16, 2022 - BOCC approved the tenth and final three-year renewal term. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: approval DOCUMENTATION: Guidance Care Center Wastewater Agreement 2025.pdf 2022-02-16 Guidance Clinic 12th Amendment 10th(Final) Renewal.pdf 2019-02-20 Guidance Clinic 1 lth Amendment 9th Renewal.pdf 2016-10-19 Guidance Clinic loth Amendment 8th Renewal.pdf 2013-03-20 Guidance Clinic 9th Amendment 7th Renewal.pdf 2010-03-17 Guidance Clinic 8th Amendment 6th Renewal.pdf 2007-04-18 Guidance Clinic 7th Amendment.pdf 2007-03-21 Guidance Clinic 6th Amendment 5th Renewal.pdf 2004-02-18 Guidance Clinic 5th Amendment 4th Renewal.pdf 2001-08-15 Guidance Clinic 4th Amendment.pdf 2001-02-21 Guidance Clinic 3rd Amendment 3rd Renewal.pdf 1998-02-11 Guidance Clinic 2nd Amendment 2nd Renewal.pdf 1995-04-19 Guidance Clinic 1st Amendment 1st Renewal.pdf 1990-03-07 Agreement.pdf FINANCIAL IMPACT: Total Dollar value of the agreement is dependent upon the monthly repair share and any emergency repairs. 2024 total contract spent- $750.00 2025 total spent to date - $7,254.50 - including 2 repairs. 1501 AGREEMENT (Use of Wastewater Collection Infrastructure by the Marathon Detention Facility) THIS AGREEMENT ( " Agreement " ) is made and entered into this 20th day of August 2025, between the MONROE COUNTY, FLORIDA ("County") and GUIDANCE/CARE CENTER, INC. ("Center"),whose address is 3000 41st Street Ocean; Marathon, Florida 33050 (collectively, "the parties"). WITNESSETH: WHEREAS, on March 7, 1990, the parties executed an Agreement ("Original Agreement") whereby the Center (fka, Guidance Clinic), which was in the course of constructing a new facility and associated 7,500-gallon capacity wastewater treatment plant, agreed to allow the County to utilize the facility to service the new Monroe County jail immediately adjacent to the Center; and WHEREAS, Section I of the Original Agreement provided for a term of five (5) years, and, upon the concurrence of the parties, the Original Agreement could be renewed with any and all terms being renegotiable, for ten (10) successive three(3)year terms; and WHEREAS, since the execution of the Original Agreement and the exercise of the renewal options provided in Section I thereof, the parties have shared a wastewater treatment connection; and WHEREAS, in March 2013, the wastewater connection was updated from a wastewater treatment plant to a lift station for connection to the City of Marathon municipal wastewater treatment system; and WHEREAS, on March 20, 2013, the parties executed Amendment 49 to the Original Agreement whereby a 7th Renewal Option was exercised extending the Original Agreement to March 6, 2016, and providing further for the decommissioning of the 7,500-gallon capacity wastewater treatment plant,the retention of the Primary Lift Station on the property of the Center, the retention of the Secondary Lift Station on the County-owned jail property with each party paying 50% of the cost of the maintenance and repair of the Primary Lift Station; and WHEREAS, all renewal options in the Original Agreement were exhausted effective March 6,2025;and WHEREAS, the parties find that it would be mutually beneficial to enter into this Agreement. NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Center hereby agree as follows: I. TERM: This Agreement shall remain in effect for a period of five (5) years, effective retroactively from March 7, 2025. Upon concurrence by both parties, this Agreement may be renewed with any and all terms herein being renegotiable, for five (5) additional five (5) year terms. The County may terminate the agreement at any time by providing the Center with written notice at least 180 days in advance. 1502 2. RESPONSIBILITIES OF THE PARTIES: A. Utilities — The City of Marathon Utilities Department (Wastewater) 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 their respective charges for water and wastewater utility services. B. Monthly Maintenance: For any ongoing maintenance agreements or charges the Center may incur for maintaining the Primary Lift Station, located on the 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 the County property. Invoices and documentation acceptable to the Clerk of Court shall be provided by the Center for County reimbursement. D. Connections: The County and the Center will each be responsible for payment of any charges involving and modifications to the connection of their respective facilities to the Municipal collection system. [REMAINDER OF BLANK INTENTIONALLY LEFT BLANK WITH SIGNATURE PAGE ON FOLLOWING PAGE] 1503 IN WITNESS WHEREOF, the parties have hereunto set their hand and seal, the day and year first written above. (Seal) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA BY: BY: As Deputy Clerk Mayor/Chairperson MONROE+COUNT'Y"ATTOMNEYS OFRCE APPROVED AS TO FORM C]ATE: GUIDANCE CARE/CENTER INC. I Signature By: Maureen Dunleavy Print Name Title: Senior Vice President Date: 8/4/2025 Resolution WCGCC 2023-01 Page 3 of 3 1504 GOURra co Kevin Madok, cPA �. _ oHROE..... Clerk of the Circuit Court&Comptroller Monroe County, Florida DATE: February 24, 2022 TO: Alice Steryou Contract Monitor FROM: Pamela G. HancoC. SUBJECT: February 16'BOCC Meeting Attached is a copy of die following item for your handling: C5 Tendi Renewal to Agreement with the Guidance/Care Center, Inc. for use of the shared wastewater lift station by die Maradion Detention Facility extending die term from March 7, 2022, dirougli March 6, 2025. Estimated annual amount$10,000.00. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid- 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1 505 TENTH RENEWAL TO AGREEMENT (Use of Wastewater Collection System by the Marathon Detention Facility) This TENTH RENEWAL TO AGREEMENT is made and entered into this 16th day of February, 2022,between MONROE COUNTY, FLORIDA ("County"),whose address is 1100 Simonton Street, Key West, Florida 33040, 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 WHEREAS,the parties hereto,on October 19,2016,exercised the eighth option to renew this Agreement; and Page 1 of 2 1506 WHEREAS,the parties hereto,on February 20,2019,exercised the ninth 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 Tenth and final Renewal to the Agreement; 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 tenth of ten (10) successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7,2022, and terminate March 6,2025. 2. Except as set forth in paragraph 1 above of this Tenth Renewal to Agreement,in all other respects,the terms and conditions set forth in the Original Agreement,as amended and renewed, full force and effect. rITNESS WHEREOF,the parties have hereunto set their hand and seal,the day and � �ea fit 'tten above. ° " a BOARD OF COUNTY COMMISSIONERS Ha: if FLORIDA -K�1N MADOK, CLERK OF MONROE CO Y, By: =_ As fputy Clerk Mayor/Chairman J, {- = GUIDANCE CARE/CENTER INC. i�- �: _. By: Mw Frank Rabbito MONROE COUNTY ATTORNEYS OFFICE Printed Name eAPVEDf1ST0 0 PATRICIA EAGLES COO ASSISTANT C-00 ATTORNEY DATE;_ 1/31 2022 Titl Executed Pursuanef to Authority under Resolution WCGCC 2019-10 Page 2 of 2 1507 �R CAURTQ Kevin Madok, cPA ...... Clerk of the Circuit Court&Comptroller—Monroe County, Florida RCE co DATE: March 4, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc .C. SUBJECT: February 20'BOCC Meeting Below are the following items for your liandling: C9 Agreement with Stockton Maintenance Group, Inc., in the montily amount of $12,876.47, for Lower Keys Janitorial Services. Funding is ad valorem. Enclosed is a duplicate original. T4 Agreement witi Florida Keys Fire Protection Services, Inc. in an annual amount not to exceed $70,000.00, for Full Maintenance Fire Protection Services. Funding is ad valorem. Attached is an electronic copy. T6 Agreement wide the Monroe County Slieriff's Office to provide 320 square feet of office space at tie Murray E. Nelson Government and Cultural Center in Key Largo, Florida. Enclosed is a duplicate original. T7 9'Renewal to Agreement witi the Guidance/Care Center, Inc. for use of the wastewater treatment plant by tie Maranon Detention Facility. Estimated annual amount $10,000.00. Enclosed is a duplicate original. Should you have any questions, please feel free to contact me at(305) 292-3550. Tliank you. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1 508 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 1509 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: 1. 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. _ a ® ' 2. Except as set forth in paragraph 1 above of this Ninth Renewal to Agreement call othe' ' respects, the terms and conditions set forth in the Original Agreement, as ark uded ant --renewed, remain in full force and effect. r7::I IN\WITNESS WHEREOF,the parties have hereunto set their hand and seal":die day M- rn 'd y - .•. , r s, an year`frsM'written above. M a - BOARD OF COUNTY COMMISSIONERS " >y ATTEST• ''KEVIN MADOK CLERK OF MONRO CO FLORIDA �By:6 By: eputy Clerk ay Chairperson GUIDANC CARE CE ER,INC. By: 1-14� ature x MONROE COUNTY ATTORNEY'S OFFICE 1 Il OVEp AS�J F — �OZ,b, Printed Name PATRICIA EAZB�LQES h ASSISTANT COUNTY ATTORNEY /l'!/ / �.��L�C (/fi/d�f�dx•s d7�Y''�''%lG DATE: - 7-� `� Title *Signature authorized pursuant to Guidance/Care Center Resolution No. 2018-01 (copy attached). Page 2 of 2 1510 WESTURE RESOLUTION GCC 2018-01 RESOLUTION OF THE GUIDANCE/CARE CENTER,INC.BOARD OF DIRECTORS DESIGNATING THE CORPORATION AS A DOMESTIC NONPROFIT I` CORPORATION UNDER APPLICABLE LAW AND AUTHORIZING THE i 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 tinder 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 Bylamis 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. l� II i i Resolution GCC 2018-01 Contracting Authorization Page r of 2 1511 I: r I I l PASSED AND ADOPTED at its regular meeting of the Board of Directors of The Guidance/ Care Center, Inc.,held on this 11th day of February,2018,by a unanimous vote: I I' i February 11,2018 j Jim - nna, Corporate Secretary Date G di an /Care Center, Inc. I I I l li I� �i I i, i li i I li II II i� I! l I! I`. i l I l M1 I Resolution GCC 2018-01 Contracting Authorization Page 2 of 2 1512 AMY ii � K JCLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE: December 13, 2016 TO: Drug r posito, Direcior� Project klaanage lnerri ATTN: Ann Riger, Contracts Administrator FROM.• Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller / At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item C32 Approval of the Eighth Renewal to Agreement with the Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated amount$10,000. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key, FL 33070 Phone:852-7145 Fax:305-852-7145 1513 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 1514 µ IC 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. era igp)' BOARD OF C°OUN" 'Y CO MISSIONERS e,'t vilin,Clerk OF MONROE C"" Y gyp.... By C..Ie k Mayor/ ha..rhv ..... "'U I DANCE'CAR CEN'TIwAIi INC. "" ..... ignatUre BY i � Pri d Name ..._..._,..�a....::........._ _� .....wwww Title 9` r Page 2 of 2 1515 .... .................... . AMY HEA VILIN CLERK OF THE CIRCUIT COURT DATE: April5, 2013 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Hanc�cw..c At the March 20, 2013, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item C5 Revised Agreement with Sheriff Richard A. Ramsey to provide office space to the Monroe County Sheriff's Department at the Murray E. Nelson Government and Cultural Center in Key Largo, FL. Item C6 Renewal Agreement with Guidance/Care Center, Inc. for wastewater treatment processing from the Marathon Detention Facility. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File 1516 w RENEWAL AND AMENDMENTTO AGREEMENT (Use of Wastewater Collection System by the Marathon Detention Facility) THIS Renewal Agreement is made and entered into this 20th day of March 2013,between the MONROE COUNTY, FLORIDA ("County")and GUIDANCE/CARE CENTER, INC. ("Center"), whose address is 3000 41st Street Ocean, Marathon, FL 33050. WITNESSETH: WHEREAS, the parties hereto did on March 7, 1990 enter into an agreement for use of wastewater treatment plant by the Marathon Detention Facility(hereinafter"Original Agreement");and WHEREAS, the parties hereto did on April 19, 1995 exercised the first option to renew this agreement;and WHEREAS, the parties hereto did on February 11, 1998 exercised the second option to renew this agreement;and WHEREAS, the parties hereto did on February 21, 2001 exercised the third option to renew this agreement;and WHEREAS,the parties hereto did on August 15, 2001 amended the original agreement to increase reimbursement costs to the Contractor,and WHEREAS, the parties hereto did on February 18, 2004 exercised the fourth option to renew this agreement;and WHEREAS, the parties hereto did on March 21, 2007 exercised the fifth option to renew this agreement;and WHEREAS, the parties hereto did on April 18, 2007 amended the original agreement to increase reimbursement costs to the Contractor,and WHEREAS, on March 17, 2010, The Guidance Clinic of the Middle Keys, Inc. assigned all of its right,title and interest in and to the Original Agreement to the Guidance/Care Center,Inc. WHEREAS, the parties hereto did on March 17, 2010 exercised the sixth option to renew this agreement;and WHEREAS,the parties have found the Original Agreement to be mutually beneficial and; WHEREAS,the Guidance/Care Center, Inc. is needing to decommission the Treatment Plant with the water collection system to be extended to the new Municipal sewage collection system and; WHEREAS, the parties find that it would be mutually beneficial to enter into this seventh renewal agreement and; NOW, THEREFORE, in consideration of the terms and considerations herein,the County and the Center hereby agree as follows: 1. In accordance with Article 1, TERM, of the Original Agreement, the County exercises the seventh of ten successive 3-year renewal options provided for in the Original Agreement. This term will commence on March 7,2013 and terminate March 6,2016. Page 1 of 4 1517 i 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." 3. Paragraph 3 of the original Agreement"Location of Treatment Plant",currently reads as follows: "The Treatment Plant, including the expansion detailed in paragraph 5 of this agreement, will be located entirely on the property owned by the GUIDANCE CLINIC in Marathon, Florida,and whose physical address is 3000-41st St.Ocean, Marathon,Florida 33050." Shall be amended to read: "The Center's wastewater collection and delivery system will be located entirely on the property owned by the Guidance/Care Center, Inc.whose physical address is 3000 41'St. Ocean, Marathon,Florida 33050. The Marathon Jail's wastewater collection and delivery system is located on property owned by Monroe County with the Marathon Jail's physical address being 3961 Ocean Terrace, Marathon,Florida 33050." 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 1518 i 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 18t', 2007 reads as follow: "1. Paragraph 5(B)of the original Agreement"Monthly Maintenance and Operation"as amended February 11, 1998, August 15,2001 and March 18,2007" ... "Shall be amended to read:" "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $580.00 per month. This monthly maintenance will be contracted,and paid by the Clinic. The County will reimburse the Clinic for 100%of these charges,up to$580.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of$580.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $580.00 per month,these percentages may be re-negotiated." Shall be amended to read: "5. Responsibilities of Parties: A. Utilities — The Florida Keys Aqueduct Authority will invoice the Center and the County each for their own water and wastewater use. It is the responsibility of the Center and the County to pay for their respective utilities. B. Monthly Maintenance: For any ongoing maintenance agreements or charges the Center may incur for maintaining the Primary Lift Station, located on Center's property, the County shall reimburse the Center for 50% of these charges. For any ongoing maintenance agreements or charges the County may incur for maintaining the Secondary Lift Station located on County property,the County shall pay 100%of these charges. Invoices and documentation acceptable to the Clerk of Court shall be provided by the Center for County reimbursement. C. Unforeseen Repairs: The County will reimburse the Center for 50% of all unforeseen or emergency repairs to the Influent Manhole or Primary Lift Station located on Center's property. The County will pay 100% of all unforeseen or emergency repairs to the Secondary Lift Station located on County property. Invoices and documentation acceptable to the Clerk of Court shall be provided by the Center for County reimbursement. D. Connections: The County will be responsible for payment of all charges for the connection of the County's force main into the Center's Influent Manhole located on the Center's property. Otherwise, the County and the Center will each be responsible for payment of all charges involving the connection of their respective facilities to the Municipal collection system. 6. Except as set forth above of this Seventh Amended Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as renewed and amended,remain in full force and effect. Page 3 of 4 1519 IN WITNESS WHEROF, the parties have hereunto set their hand and seal,the day and year first written above. (Seal) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin,Clerk OF MONROE COUNTY B By: Deputy Clerk Mayor/ rman 5 GUIDANCE CARE/CENTER INC. NOTARYPPUBL.IC By: :'�c. ✓ $TATEOFNEVAOA Richard E.Steinberg *Ccmrt "EVkW?--%14 President and Chief Executive Officer Cerdko Na*1079*1 (Corporate Seal) of - C=) r— C-) L' uJ _ o— c�- RN MO E COUNTY A — RO D AS T CD U— c w� w PEDRO J. '4 ATT RN Y C) S �3 Date Page 4 of 4 1520 SIXTH RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) THI SIXTH RENEWAL AGREEMENT is made and entered into this day of 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GUIDANCE/CARE CENTER, INC. (hereinafter "Contractor"), a Florida corporation,whose address is 3000 41sT Street Ocean,Marathon,Florida 33050. WHEREAS, the parties hereto did on March 7, 1990 enter into an agreement for use of wastewater treatment plant by the Marathon Detention Facility(hereinafter"Original Agreement"); and WHEREAS, the parties hereto did on April 19, 1995 exercised the first option to renew this agreement; and WHEREAS, the parties hereto did on February 11, 1998 exercised the second option to renew this agreement; and WHEREAS, the parties hereto did on February 21, 2001 exercised the third option to renew this agreement;and WHEREAS, the parties hereto did on August 15, 2001 amended the original agreement to increase reimbursement costs to the Contractor, and WHEREAS, the parties hereto did on February 18, 2004 exercised the fourth option to renew this agreement; and WHEREAS, the parties hereto did on March 21, 2007 exercised the fifth option to renew this agreement;and WHEREAS, the parties hereto did on April 18, 2007 amended the original agreement to increase reimbursement costs to the Contractor,and WHEREAS, on March 17, 2010, The Guidance Clinic of the Middle Keys, Inc. assigned all of its right,title and interest in and to the Original Agreement to the Guidance/Care Center,Inc. WHEREAS,the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties 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. -1- 1521 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. MESS WHEREOF, the parties hereto have set their hands and seals the day and �r�u _.abe�a�rritten. �12-3 BOARD OF COUNTY COMMISSIONERS T L.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mf(yor/ChaWperson itnesses for CO TRA OR: GUIDANCE/CARE CENTER,INC. Si ture B Print ame_W;2 Date Title fG Address: 3mi) 11051 DC2A,,— ignature I� Q A„. S 3,3D5 b Telephone Number: 30✓—T 3[`2t)j' Date O .T CL W �t U CM Ov © I "Z `I C -Y C--) _. N c i clTTOCiB4 -2- 1522 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: 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% 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 21't, 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 apprdpriation.by the BOCC. IN WITNESS ViBEREOF, the parties have hereunto set their hands and seal,the day and year first written above. (Seal) BOARD OF COUNTY COMMISSIONERS Attest: FANNY L%`ICO,HAGE, CLERK OF MONROE COUNTY, FLORIDA w w B , By: Cl CCo N "Nputy Clerk Mayor/Chairman I Q ai GUIDAN E CLINIC OF THE z � z At6t. �° -},G ' MIDDLE YS, INC. o Q LV z w O _ z .J t r- 0Cr Qai By:_ By; z a- z 5) ``4 ief Executive Officer resident 1523 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 I 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 n above. a} BOARD OF COUNTY COMMISSIONERS L. KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA B By: Deputy Clerk Mayor/Chairman (Seal) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. ra 0 *1 By: By: ',—CWef Executive Officer Execu ve Vice-Pft •-� r317) — r� rs' — V r_—7-7 .►�' COR"W°°0""°1 MONROE COUNTY ATTORNEY ' `— CD APPROVED AS TO F FiM: f ^� _ Halna�wWnyyw...yw(e��Asa,104 'ooNs xs�• r•t �4.1.'yt T 7 NA 1LEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Dare— 1524 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: 1. 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 ve. r BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY,FLORIDA C� • a By: By: ICI). W Deputy Clerk Mayor/Chairmi� —,n c--� _ t-i (Seal) GUIDANCE CLINIC OF THE % Attest: MIDDLE KEYS,INC. `� a By: r� By: Chie Executive Officer cuti Vice-President wUNTY ATTORNEY ROVED AS M: SUZANNE A.19 ON nS__A Date 1525 AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15tb 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%of those charges in excess of$500.00 will be retroactive from the date of renewal, March 7,2001,approved on February 21,2001. 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 and February 215t, 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. ®c WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year t above. BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY,FLORIDA By. u-,.,....� c - y Y By. r eputy Clerk Mayor/Chairmarfn F p �. Q`�r �► o z?o (Seal) GUIDANCE CLINIC OF THE ��� Attest: MIDDLE KEYS, INC. n Chief Executive Officer President �:••��sslo '�. •o er?g FFo•. • m°0�b ?o9N�• $� � APPROVED AS TO FOR AND L AL SUFFICE Y �p1;• #CC799929 a` BY ' g` A H NE�. 0,7 ®ATE C� 1526 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: 1. 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. J SS WHEREOF, the parties have hereunto set their hands and seal, the day and bove. 0 BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: eputy Clerk Mayor/Chairman (Seal) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. o c CD ` N Cy By: YZ By: O � Chie Execu v fficer President a to or- r► r*' wr o APPROVED S TO FOR AND C SUFFICIE BY NNE HU N DATE Z' 1527 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 agreetr+4fe�: i_ C n - 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, iralutding--the"I 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 1528 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 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. I <WITNESS WHEREOF the parties hereto have executed this Agreement the d �` � � x first above written. 3- r A 4 it (Seal)-- BOARD OF COUNTY COMMISSIONERS Attest DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By. Dep Cle yor/Chairman (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. By: 1 /, 40 By: Chief Executive Officer President APPROVED AS TO FORM AND L Al S FICI B - � ROBERT N. W DATE 1529 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: rri 3 -� 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 ti a 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 1530 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 — C B 7 Y By Depu Clerk Mayor/Chair n (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. By </'-� By Chief Exec 04 Officer President APPROVED AS TO F^'"'l jconwaste AND LEGAL SUFF! Y AiP rneyv of.7oe 1531 tit�c�- �.,-i�'GOUNJ), b -.. C ,N 'O f COUN�y �Xb�'✓' wannpL. o[fjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305)852-9253 TEL. (305)294-4641 M E M O R A N D U M To: Thomas W. Brown , County Administrator From: Rosalie L. Connolly, Deputy Clerk Date: April 2, 1990 Subject: Guidance Clinic of the Middle Keys , Inc. As you know, on March 7, 1990 , the Board of County Commissioners approved and authorized execution of an Agreement with Guidance Clinic of the Middle Keys , Inc. concerning use of a Waste Water Treatment Plant for the Marathon Jail Facility. Attached are two fully-executed copies of the Agreement, one of which should be sent to the Clinic and the other retained in your records . AOV Rosalie L. C6 nolly Deputy Clerk ;r cc: County Attorney R. Ludacer Finance Director T. Medina File 1532 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 1533 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% 1534 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 $300.001 reimbursement to be made within 30 days of COUNTY'S receipt of invoice. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Unforeseen repairs- The COUNTY will reimburse the GUIDANCE CLINIC for 50% of all unforeseen or emergency repairs to the Treatment Plant after the expiration of the warranty period. Such repairs will be contracted for and paid initially by the GUIDANCE CLINIC. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Connections- The COUNTY and GUIDANCE CLINIC will each be responsible for payment of all charges involving the connections of their respective facilities to the Treatment Plant. 1535 Landscaping- It shall be both parties' intent Cp provide a visual barrier between the GUIDANCE C(,INTC''S far i l i tv and the COUNTY'S Jail Facility. 7. OTHER COSTS: Other than those expressly :.peClified n this agreement, there shall_ be no other costs payabin hY either party. 8. INSURANCE/LIABILITY; The GUIDANCE; CLINIC t•;ill. hold the COUNTY harmless for any and all incidents t.h-It occur arising from the installation or operation of the Treatment Plant. 9• ENTIRE AGREEM$NT. This document contains the ent.i.re agreement between the COUNTY and the GUIDANCE cL1H1c and supersedes and merges herein any and ail prtor 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; CLINIr slating that it. is an amendment to this agreement. DATED this -Y h_ day __/, qr., __ A.D. 1990, in Key 47cst, Monroe County, Florida. GUIDANCE CLINIC OF THE BOARD OF COUNTY COMMISSIONERS MIDDLE KEYS, INC. OF MONROE COUNTY, PL,OF.IDA Marjorie Mearns, President Mayon/Chairman Board of Directors (SEAL) g Attest: DANNY L. KOLHAGE, CLERK 7771 �j By 60 Deptyty Clerk David P. Rice, PhD. Chid. Executive Officer APPROVED AS TO FORM AND LEGAL SUFF CIEkCY. By Att�ffire Y 1536 Design Manufacture Water 6 Waste Water Treatment Systems Pump Stations � '` PRECAST PRODUCTS CO., INC.&4: -M Page I PROPOSAL CONTRACT January 25,1990 TO: Guidance Clinic of the Middle Keys Inc. 11399 Overseas Hwy. Narathon,FL 33050 C/O 1)1-. DIJVid RiC0 PROJE(n': Guidance Clinic Of Thy_, Middle Keys WaStC-Wdtk-,r Treatment System, & Pump Station. SIR: We propose to deliiver and install the following materials and equipment as per Engineerin(j specifications. 1 . One 7,500 G.P.D. Monarch Precast concrete Wastewater Treatment System complete from itilet, to outlet of plant. Tiii,; system shall contain; tA-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.lVo Sutorbuilt blower packages & control panel. g-All plumbing and appurtenances for a complete hook up. 2. One Monarch Precast concrete Lift Station,to include: 'I.Ono six foot diameter six foot deep wet well. b-One Monarch flow splitter box. c.Two Myers I 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 1537 Design Manufacture �^4 Water 6 Waste Water Treatment Systems \\ Pump Stations r PRECAST PRODUCTS O. NC. IMKIA 0 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 TERMS: 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: Accepted By: teph .Altenburg avidRiceident,Monarch Precast Product Inc. Guidance Clinic Of The Middlekeys Date: Jan. 25, 1990 Date: Jan. 29, 1990 Phone (813) 957-7971 ■ 615 Cypress Road ■ Venice, Florida 34293 1538 SW0XS'STA'ILA1I h;-l' UNDER SLCTION 287.133(a)(a), �--�'�- R-1DA- �T� , ON PUBLIC ENTITY CRIME-S THIS FORM MUST BE SIGNED IN THE PRESENCE OF'A NOTARY pul3t IC OR OTHER OFFICER AUTHORIZED TO ADMINISTER'0AMS. �^ 1• This sworn statement is submitted with Bid, PrOposal or Contract No. for t i lAt Wk 2. This sworn statement is submitted by r V r C)R•nJ Ct Qi,,�r thane of enuty su mitting sworn stateme tj�' Whose business address is l: Q 0tlso �. IV 33 and (if applicable) its.Federal kvrnployer Identification Nu mber (FEII1) is 5 Z-/ (>wt the entity has no SIN, include the Social Security Number of the individual signingsworn statement: this sworn 3. My name [please print name or Individual sJgniaw and my rebtionship to the entity named above is 4• I understand that a 'public Grill " means a violation of any state ar f d 11aw b}'a person =defimed in gip •133(I)(g), Inon�.�dn�St�ct� transaction of business with p to and directly related to the any,publil entity or with an agency or political subdivision of any other state or with the United States, including, but tier 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} or of the United States and involving antitrust, fraud, theft, brib nth -state e CO'p�cy, or material Misrepresentation_ ry; Collusion, ring, S• I understand thgt"convicted•or"conviction"as d means a finding of guilt or a conviction of a public emit Para ph�7.133(1)(b) F, Io>-ida Statuceg, guilt, in any federal or state trial court of record ref at iugto g With ig Without� adjudication of information after July 11 1989,as a result of a jury verdici, g tq ch trial, or brought of a indictment r or nolo contendere, try p guilty a• I understand that an •affiliate" as defined in Paragraph j• ! a oriel Stutvtes mean; ( )( ), 1- .� prtrdeL ssor Or success0i of a g person convicted of a public entity crime, or Z An entire under the control of any natural person who is active in the management of the entity and repo ha: been convicted of a public entity crime. The term "affiliate,aincludes those Officers, directors,executives,partners,shareholders,employees,members,and agents who are active is 3gement of an affiliate. The ownership by one person of shares constituting a conuoiling interest in another person, or a pooling of equipmeut or income among persons when not for fair market Maine under as arms length agreement,shall be a another person. A person who knowing prima face casint venture e that one person controls convicted of a public entity crime in Florida during the pioeteding 3b months spars be who has been affiliate. 7• 4 understand that a 'person" as defined in Paragraph 287.133 I)( ), e �r natural person or entity organized under the laws of any state or of the United States with the legal t rein St�icures, means 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 " shareholders, person" includes those officers, directors, executives, partners, emplovees, members, and agents who are active in management of an emit}. $• Based on information attd belief, the statement which I have marked below is trite in relation to iht: emit}' submitting this sworn statement. (Please indicate which statcment applies) 1539 r a ?neither tt,, entity Subrttittirtg !hi: swp statcm pttrtnaz5, 5hareh4lotrs, errtplovees, Incrt:bers, or t1 tntx w+:nr` nOr any Ufticer3. dimctrrs. exgcutiy", not arty af>3Eiate of the t4tiry h8wC bc,;a than ed y� ho arc active to management of the Laxity, subscjuent to July 1989, g tb and C,0 tvicjcd of a public et+tity crLme The entity submitting this iwoftt atattm ent. or one cr mnrG tit the v Cast 4irece exactativts, pamms,shdrtholders,ettt la Ce$ ors. the Laity. or an aMusto of the ont#ry teas been r wi agents who are active in management of subsequent t0 Jraly 1, 1984.t plrolsct lrtdic�ate w}tleb dd sl. xteh and teOf nt public entity criR!0 Ppiks,) �ritr has bcxa a PrOCC44int aoacer lag the wuvicc ou bcforo a fearing ofeer of t e rate of Florida. Divi ion of #afstrative Hearin heari.al oflarcr did 401 PIS" the Pon" or MAW QU tbe CGUvieted vendor alitr_ d�pby the. i attasa cb i COPY of the 91nal order.) ..._._ The per304 c,r alfiiate WU oA the a>ttviemd vendor List. 'Mcse has b aubsegtteot PtOc dug before a beard e a A4t71t*Wvative Hearts 'Me >on r cer of the .State at Aorida, Division of +was tq the publk interast to removcaip per�oredri Or ati5lin ChG fan$Of er detttrmited that it (Please ttttstch $ Pr of the final order.] vendor tilt. Ttit person or > liatc has itnt been la . en,y deport tnl<en by or pc#ding with the Depeetmrttt o ted n%w SA list. (Please rvices.J Data: M3CClZ 27, )99fl COUNTy Qjw Monroe ' FERSONALLy APPEARED BEFOR.E M$', the ttndersigC ud authority,Dav1d P. Rice, Ph.D. (name UT istdiridUal sig►'tingj ,, wbo. aher�lSt bring$"TR by rite.of=d his/bar sigestttre in tau space provided above ptt this 27 th day of March - w..r_..; �.. 19 90 11 Z My commiulon expirft i►rC3M�__ tBi , ,,..e�...A Carol Ann Smith w or NOTARY PUBLIC, STATE OF FLORIDA '• � = n bAY t:OhiMtSSION EXPIRES MAR, 2. 1891. an»acti YWRU NarARY PwLiC VMoekWhirckk6. '�'_ •.^_ . Fatmn pup, 7W (Rev. 1118a} 1540 Liz Yongue From: Lamarche-Tamara <lama rche-tama ra @mon roecou nty-fl.gov> Sent: Friday, August 15, 2025 1:42 PM To: Liz Yongue; Shillinger-Bob Cc: Rice-David Subject: Notice of Voting Conflict C26 August 20 2025 Attachments: NVC RICE AUG 20 2025 C26.pdf Please accept submittal of attached notice of voting conflict for Comm. David Rice, Regular BOCC meeting of August 20,2025,agenda item#C26. Thankyou, Tamara Lamarche, Executive Assistant Commissioner David P. Rice, BOCC District 4 9400 Overseas Highway, Ste. 210 Florida Keys Marathon International Airport Marathon, FL 33050 305.289.6000 Laniarche-taniara@monroecounty-fl.gov I.......... Board of County Commissioners Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. Please consider the enviroiiment wfien dieciding w Nether lo print fl'i is ernad, ,0" 11111 County 130ARD OF+1 OU TY COMMISSIONERS of Monroe Mayor James Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Coldiron, District 2 t Craig Cates,District Holly Raschein,District 5 David Rice,District 4 DAVID P.RICE,COMMISSIONER 9400 Overseas Highway, Suite 210 Marathon Airport Terminal Building Marathon, FL 33050 O 305.289.6000 E boccdis4@monroecounty-fl.gov Interoffice Memorandum Date: August 15, 2025 To: Kevin Madok, Clerk of the Court FR: Commissioner David Rice District 4 � c 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. At the August 20,2025,BOCC meeting,I will abstain from the vote on item(s): C26:Approval of an agreement for the County's use of the Guidance Care Clinics'wastewater collection infrastructure by the Marathon Detention Facility. Copy of agenda item listing from the Revised Agenda for each of the referenced items)is included for documentation. ATT: State Form 8B Memorandum of voting Conflict for County,Municipal,and Other Local Elected Officers C26 COUNTY NTY of MO ROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 y Craig Cates,District 1 David Rice,District 4 v Holly Merrill Raschein,District 5 Board of County Commissioners Meeting August 20, 2025 Agenda Item Number: C26 2023-4371 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Suzi Rubio n/a AGENDA ITEM WORDING: Approval of an Agreement for the County's use of the Guidance Care Clinic's wastewater collection infrastructure by the Marathon Detention Facility. The Agreement will be in effect for five (5) years and renewable for five (5) additional five (5) year terms. The County agrees to pay 50% of the regular maintenance and repair of the primary lift station and 50% of unforeseen or emergency repairs to the influent manhole and the primary lift station. This Agreement is budgeted and will be paid from Facilities Corrections. ITEM BACKGROUND: The Agreement and all renewals with the Guidance Care Clinic for use of the wastewater infrastructure were exhausted as of March 6, 2025. This Agreement will be retroactive to March 7, 2025. This agreement is the County's agreement to share repair costs for the shared wastewater lift station. The County's Marathon detention center wastewater flows into the shared lift station and subsequently into the Marathon central wastewater treatment system. Originally, the County's wastewater was treated in the package wastewater treatment plant at the Clinic. When that plant was connected to the central sewer system, it was more economical to continue send the detention center wastewater to the Clinic's lift station and through it to the central wastewater system. This continues that relationship with the Clinic. PREVIOUS RELEVANT BOCC ACTION: March 7, 1990 - BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. April 19, 1995 - BOCC approved an amended Agreement for an additional three years, with renewal options. 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 and Assignment Agreement 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 and to extend the expiration of the original agreement to March 6, 2016. October 19, 2016 - BOCC approved an amendment for the eighth three-year term, retroactive to March 7, 2016. February 20, 2019 - BOCC approved an amendment for the ninth three-year term. February 16, 2022 - BOCC approved the tenth and final three-year renewal term. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: approval DOCUMENTATION: Guidance Care Center Wastewater Agreement 2025.pdf 2022-02-16 Guidance Clinic 12th Amendment 1 Oth (Final) Renewal.pdf 2019-02-20 Guidance Clinic 1 lth Amendment 9th Renewal.pdf 2016-10-19 Guidance Clinic loth Amendment 8th Renewal.pdf 2013-03-20 Guidance Clinic 9th Amendment 7th Renewal.pdf 2010-03-17 Guidance Clinic 8th Amendment 6th Renewal.pdf 2007-04-18 Guidance Clinic 7th Amendment.pdf 2007-03-21 Guidance Clinic 6th Amendment 5th Renewal.pdf 2004-02-18 Guidance Clinic 5th Amendment 4th Renewal.pdf 2001-08-15 Guidance Clinic 4th Amendment.pdf 2001-02-21 Guidance Clinic 3rd Amendment 3rd Renewal.pdf 1998-02-11 Guidance Clinic 2nd Amendment 2nd Renewal.pdf 1995-04-19 Guidance Clinic 1 st Amendment 1 st Renewal.pdf 1990-03-07 Agreement.pdf FINANCIAL IMPACT: Total Dollar value of the agreement is dependent upon the monthly repair share and any emergency repairs. 2024 total contract spent- $750.00 2025 total spent to date - $7,254.50 - including 2 repairs. ..................._.......... ............................... FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS _LAST NAME—FIRST NAME—MIDDLE NAME ........................ NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE RICE DAVID P MONROE COUNTY BOARD OF COMMISSIONERS MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 9400 OVERSEAS HIGHWAY, SUITE 210 WHICH I SERVE IS A UNIT OF: CITY COUNTY (3 CITY eCOUNTY 0 OTHER LOCALAGENCY ..... MARATHON MONROE NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: AUGUST 20, 2025 d ELECTIVE Q 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 MUSTABSTAIN 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) CE FORM 8B-EFF,11/2013 PAGE 1 Adopted by reference in Rule 34-7,010(1)(0,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 form 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 OF LOCAL OFFICER'S INTEREST I DAVID P. RICE hereby disclose that on August 20 20 25 (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 i inured to the special gain or loss of Guidance/Care Center, Inc. (Board of Directors) which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: C25: Approval of an agreement for the County's use of the Guidance Care Clinic's wastewater collection infrastructure by the Marathon Detention Facility, The agreement will be in effect for five(5)years and renewable for five(5) additional five 05)year terms. The County agrees to pay 50%of the regular maintenance and repair of the primary lift station and 50% of unforeseen or emergency repairs to the influent manhole and the primary lift station. This agreement is budgeted and will be paid from Facilities Corrections. 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. August 15, 2025 - 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 86-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.