Item G5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2001
Division:
Growth Management
Bulk Item: Yes
Nol
Department: Marine Resources
AGENDA ITEM WORDING:
Revision of Marathon Economic Development Council (MEDC) Contract to manage the Florida Keys Marina at Marathon.
ITEM BACKGROUND:
The BOCC may approve both an Ordinance and Resolution providing the means to manage mooring fields within Monroe
County, specifically Boot Key Harbor. Specific to Boot Key Harbor, though bay bottom ownership has been turned over to
the new City of Marathon, interim management of the Harbor is necessary with the installation of 25 moorings eminent.
The MEDC Contract has been modified to allow interim management of the moorings when installed in June. This is a
reasonable and necessary action in order to create a seamless transition of ownership and responsibilities from the County to
the City. The MEDC will continue operating the Marina with the transfer of property to the City and they are the logical
managers of the mooring field as well. Review of this Contract modification would occur within 90 days in order to access
the orderly and timely transfer of responsibilities to the City of Marathon.
PREVIOUS REVELANT BOCC ACTION:
February 1999 - Approval of MEDC Contract
CONTRACT/AGREEMENT CHANGES:
None previously
STAFF RECOMMENDATIONS:
Approval of Contract Modification with the MEDC
TOTAL COST:
Up to $14.500 per month
BUDGETED: Yes --X- No
COST TO COUNTY:
Up to $14.500 per month
REVENUE PRODUCING: Yes l No
Year $2.100 per mooring
AMOUNT PER MONTH $175 per mooring
APPROVED BY:
County Atty l
DOCUMENTATION:
Included 1-
Ti
wth Management ~. ~
'l~lor
To Follow_ Not Required_
AGENDA ITEM ~, ~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
~EDL
Contract #
Effective Date: ~
Expiration Date: ~ ~JlIPJjj
Contract Manager: &.o~'~j (Qlt
1-501
(Ext. )
for BOCC meeting on
Agenda Deadline: lD t.J. 01
CONTRACT COSTS
Total Dollar Value of Contract: $ lJJ\UJ(j)Jy)
Budgeted? YeslXl No D Account Codes:
Grant: $ -
County Match: $ 14, EIJJ fYlCtJrYJ
Current Year Portion: $ J.,tJW10\J1\
ADDITIONAL COSTS
Estimated Ongoing Costs: $_fyr For: <::
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Dal;/jr ~eeded~~
Division Director ~ of Y esD No~ _
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OMS Form Revised 2/27/01 MCP #2
Marine Resources
AMENDMENT NO.1
This Amendment to the Marina Management Agreement (Agreement)
is entered into by and between Monroe County, a political subdivision or the
State of Florida (The County) and the Marathon Economic Development
Council, Inc. (The MEDC), a not-for-profit Florida Corporation. In
exchange for the mutual promises and consideration set forth below, the
parties agree to amend the Marina Management Agreement as follows:
Section 1. Add to Section 1 of the Marina Management Agreement:
e. provision of services related to management of the County Mooring Field
in Boot Key Harbor.
1. Related to these services, the MEDC shall:
. be responsible for establishing appropriate contractual agreements
with those using the moorings within the mooring field, in
accordance with all County ordinances related to management of
the mooring field;
. be responsible for the timely inspection, maintenance, and planned
replacement of all components of the moorings, except the
imbedded helix anchoring systems. Inspections shall be carried
out on at least a monthly basis and maintenance or replacement
shall occur based on such maintenance and replacement
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06104101 8:32 PM
Marine Resources
agreements established by the mooring manufacturer and installer
in order to maintain applicable warranties on all components of the
moorings;
. be responsible for day-to-day enforcement of all moonng use
agreements between the MEDC and those using the moorings
within the mooring field, in accordance with all ordinance related
to the mooring field established by the County;
. process revenues from Mooring Use Fees and Marina Access Fees
(Fee Schedule Resolution Adopted by the BOCC 21 June 2001) to
the County as previously defined; and
11. Related to these services, the County shall:
. be responsible for enacting required ordinances and resolutions
regarding the mooring field;
. be responsible for the installation of all moorings;
. be responsible for any necessary legal enforcement action required
under said ordinances;
. promulgate all policies relating to extreme weather conditions
related to the mooring field;
. manage the removal of all derelict vessels, as detennined by an
appropriate law enforcement agency;
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061041018:32 PM
Marine Resources
. assist the MEDC with work on the Harbor, including use of the
Monroe County Marine Resources Department boat, under
supervision of Department staff, use of associated on the water
safety equipment, marine radio, and GPS;
. replace moorings in the event of catastrophic loss of the moorings,
primarily related to extreme weather conditions;
. return revenues to the MEDC based on reimbursement requests
related to the Mooring Field Use Fees and Marina Access Fees
(Fee Schedule Resolution Adopted by the BOCC 21 June 2001)
and shall process these requests in as short a time as practical, two
to three weeks.
Section 2 add A new section to the Marina Management Agreement:
Said Marina Management Agreement shall be reviewed by the County
Commission no later than ninety (90) days after full enactment of this
Amendment to the Agreement. The purpose of this review will be
determine the status of the transfer of property and responsibilities
related to the Marina and County owned portions of submerged land
with Boot Key Harbor. The review of such status will assist in
determining the need for continuing the Agreement between the
County and the MEDC.
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061041018:32 PM
Marine Resources
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year last written below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YORlCHAIR PERSON
MARATHON ECONOMIC DEVELOPMENT
COUNCIL, INC.
BY:
David Rice, Ph.D., President
(SEAL)
ATIEST:
DANNY 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
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061041018:32 PM
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MARINA MANAGEMENT AGREEMENT
This marina management agreement (the agreement) is entered Into by and between
Monroe County, a political subdivision of .the State of Florida (the County) and the Morathon
Economic Development Council. Inc., 0 not,;,for-proflt Florida corporation (the MEDC). In exchange
for the mutual promises and consIderation set forth below. the parties agree as,follows:
t. MEDC must furnish ~arlna management services at the Boot Key Harbor Morino. os
depicted in exhibit A of this agreement which Is Incorporated and mode Q port of It. The marino
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management services ore more pcirtl~~larl\ldescrlbed as follows:
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the saleoftY~r~''J~ :RI!"(If the,.:9ounty elects to provide fuel pumping facilitIes);
the sale of boatlnganc::lJlshlng related Items:
the provision and rental of boat slips; and
fUml$h~r:'g?).~.~~\,rjf~~:~~\j~1~~i:a~,d mInor repairs to the marina facilitIes.
, '~" 'w' "'.t.fr~"',~,""'^ 'l',~.:,~,f":.o.I~...,<;' ...t~~ .'"tI.I.'\";'~: '
2. The.,MEDC,mustkeep'i,ttlE':,r:n9r1na,open to the, public from 6:00 AM to 9:00 PM, seven
,,' . '. ..' ':i" ...:', t~1:~:~:"r~.~~';t,Jt~';:?~~~;~~';ti~~(~;,~'j,~;" ' ..' .
, days a ,week Including holidays,' !',r',::.L,i.j) t;;,':;' :,:", .il:.., ',:' .
'--:' ': :>;" (:'~,)*'\:<:< ':~;t';y;.~; ,,:. .,:;;.' ,',' :.:'!,':< :~,~ ">'ii);,:'!,~~li,::/,f~,~,: "~!\'\;,.-- . .
". . 3~"" In' addition to the"moncg'ement serVice'; described in SectIons 1 and 2. the MEDC must
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olso prepare and submit to"the'CountyEngl~eerno later thon Aprill, 1999, and no less frequently
a)
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c)
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than semI-annually thereafter; 0 list of capitol Improvements to the marIna that the MEDC has
determined would serve to increase the marina's usefulness to the public or thot would help to
protect the water quality In Boot Key Harbor. The Boord of County Commissioners may fund the
suggested capitol improvements in its discretion.
4. All fees and revenue collected by the MEDC must be deposited doily in 0 County'
Depository designated by the Clerk.
5. 0) In consideration for performing the management services described in this
agreement. the County must pay the MEDC $14.500 monthly. in arrears. In order to receive
payment, the MEDC must submit on Invoice and a monthly financial report for the preceeding
month for payment to the County Engineer. In 0 format opproved by the Clerk of the Circuit Court,
setting forth the management servIces performed during the prIor month. If the County Engineer
determines thot the invoice is sufficiently complete In describing the management services
performed during the prior month. he must promptly approve the invoice and forword it to the Clerk
'-... for payment. If the invoice is incomplete. then the County Engineer must specifically inform the
MEDC what additional information Is needed end retum the invoice to MEDC for 'correction. When
the corrected invoIce is received by the County Engineer he must then forward it promptly to the
Clerk for payment.
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, ' , 'b) The MEOC must keep 011 financial records pertaining to thIs agreement according
~generc:illY accepted aecountlng principles. If a portion of the marina management services fee Is
, funded by a state or federal grant that has a stricter or different accounting requirement. then t~e
state or federal requirement will control but not until the MEDC has been Instructed by the County, In
writing, of the stricter or different standards. The MEDC must make available its finonclol records
pertaining to this agreement to auditors employed by County or the Clerk [or stote or federal
governments If the agreement Is partially or wholly funded by either of them) during normal business
hours (Monday - Friday 8:30 AM - 5:00 PM, excluding holidays).
c) The MEDC must submit an annual audit performed by a CPA no later than three
months otter the end of each County flscal year (year ends September 30).
6. The ME DC' acknowledges that Its records pertaIning to this agreement are public
records under Chapter 119, Florida Statutes. and must be made available at 0 reasonable place
ord time to any member of the public who requests to examine them. Failure to allow public access
to the records is a material breach that permits the immediate termination of this agreement by ,the
County.
7. This agreement commences when the County Engineer delivers 0 notice to proceed
l the MEDC or, February 1, 1999, whichever occurs first. and extends for three yeors from the
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commencement date.
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8. Notwithstandlng"the. effective dote of Section 7, the MEDC may not commence
providing the marina management services until the MEDC obtains the Insurance required in Exhibit
B. exhibit B is attoched to this agreement and mode 0 part of it.
9. . This agreement may be terminated by the County If the County's Board of County
Commissioners. in theIr dlscretton. choose not to appropriate sufficient revenue to fund the
agreement. In that case, the County must promptly notify the MEDC in writing of the'
nonoppropriation. Upon receipt of the written notIce, the MEDC must Immediately terminate the
provision of management services (unless a loter termination date Is stated In the nonoppropriatlon
notice). If nonappropriotlon occurs. the County remains obligated to pay the MEDC a prorata
amount of the lost monthly fee based on the proportion of the month for which management
c:qrvlces were rendered up to termination. Any management services provided by the MEDC after
'ffle dete of terminatIon will be at the sole cost end expense of the MEDC.
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,10; " All written cOr'!"munlcatlon between the parties required by this agreement must be
, ,
\......./sent' ~y ~ertlfi~ mall, return receipt requested. to:
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· For the County
Dave Koppel, County Engineer
Public Service Building
5100 College Road
Key West. FL 33040
E.or the MEOC
Kirby Coy Schelmann.
Executive Director
1555 Blue Fin Drive
Morathon, FL 33050
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Either party may substitute the contact Individuals and addresses by wtitten notrce to the other' '" (',
party .
11. This written document represents the 'partles' entire mutual unde~tandlng and
.agreement. It supe~ede$ any prior agreements. memoranda, or other communlcCltions between
the parties, whether written or oral. This agreement m~ only be. modified by a written amendment
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signed by duly authorized representatives of both ~arties:
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IN WITNESS WHEREOF. the parties hereto have, set their hends and seals the day and year first
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(SEAL).,' . ;.;;,,:.-,'
ATrEST:'DANNY L. KOLHAGE,'CLERK
above written..
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By
.,;' By
Deputy Clerk ..
(SEAL)
ATTEST:
By
jconlvbootkey
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'-,
.~. BOARD OF COUNTY COMMISSIONERS
:.' Of MONROE COUNTY, FLORIDA
Mayor/Chairman
MARATHON ECONOMIC DEVELOPMENT
COUNCIL, INC.
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SWORN STATEMENT UNDER ORDINANCE NO, 10-1990
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MONROE COUNTY,'FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed,
retained or otherwise had act on his/its behaU any former CountY officer or
employee in violation of Section 2 of Ordinance No. 10-1990 or any County
officer or employee in violation of Section S of Ordinance No. 10-1990. For
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breach or violation of this provision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee,
conunission, percentage, gift, or cOJ:1Sider~tion paid to the former County officer
or employee.
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Date: '//- J~ ~ 9r
STATE OF ~aA~&....
COUNTYOF '1'Ao~~
Subscribed and sworn to (or affirmed) before me on \\.l~ \~
(date) by~<U.a~&.... ~. ~~~ ~:D. (name of affiant). He/She
is p:r~nallY kno~n to me or has produced
(type of identification) as identification.
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NOTARY PUBLIC
My commission expir :0""" ~tl4Co_ ~L ~A'" 8UL '
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I . COIIII~ Nu....1Il
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0, F\.O D COtfEC illatION 1Wt.
CMD012-9/11l9S . 2.10118
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Attachment A
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MONROE cotTNTY. FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACTADMcrNmTRATION
MANUAL
GeuerallDsarante ReqllinJDlna
(Clr
The County O1f1Ied Marina
Prior to the OrpnizationlIndMdual taking possession of the County Owned Marina,
hereafter Rferred to U The Marina, the Organizationtlndividual shall obtain, at bislher
oWQ expense, insurance as specified in the attached schedule!, whi~h are made part of this
lease/rental agrcc::mcnt.
The Organiz:ationlIndividual w11l not be permitted to occupy or use the Marina until
&atis!act.ory evidence of'the required insurance bas been furnished to the County as
specified below.
The OrganizationlIndividlJal shall maintain the required insurance throughout the entire
term o{the lease/rental a~ccmcnt and any CCtenslOn$ speQfied in the attached .chedules.
Failure to comply with this provision may remlt in the immediate termination of the
agrc:cment and the retwIl of all property owned hy the County.
The OrganizationlIndividuaJ shall provide, to the County. as satisfactory cvidenc:e of the
'-' required insurance. eithu:
. Certificate ofInsurmce
or
· A Certified eopy of the a~al insurance: policy,
The County, at its sole option. has the right to request a cen1fied copy of any or ail
insurance 'policies required by thi! contr.!Ct.
All insurance policies must specify that th~ are not subject to cancellation, non.rcnewal,
material change, or reduction in co....erage unless a minimum oftbirty (30) days prior
notification is given to the County by the insurer.
The accept1ncc and/or approval o{the OrganizationlIndividUo\l's insurance shall not be
~Onstn.led u relieving the OrganizationlIndividua! fr~m any liability or obligation assumed
under this contract or imposed by law
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The Monroe Coun~ Board of County COrnmiuioners, will be included II "Additioml
Insur.d" OD a.LI policies. except fot Worlccn' Compensation and Vehi~lo Liability. . They
wlll allo be rwned IS -Loss Paycc" on all property policies insuring The Marina
strUaures. -
IUty deviation.c from tbese General Insurance Requirements must be requested in writing
all the CoWltV prepared form entitled "~uest for Waiver o(warance Requirements"
and approved by Monroe County Risk Management.
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MARlNA OPERATORS' LEGAL UABILITY
INSURANCE REQUIREMENTS
FOR
.'~'.' '
lbe Count)' Owued Marloa
Prior to the OrganizationllDdividual taking possession of The Marina, the
OrganizatiODllndiYidual shall obtain Marina o~n' Legal Uability Insurance.
Coverage shall be maintained throughout the life of tile contract and lnciudc, as a
minimwn:
,
. PrcrnilCl ~ons
. Products ui4 Co~ed Operations
. BlaDket ContnCCUiJ UabiHty
. personallDiurY T ubili
. Expmded :tJebRion ::1Propcrty Damage
. rU'e Legal U&biI1ty (with Umiu equa! to the fair market value of Marina.)
Coverage must extend to maritime activities associated with the operations of a
c;ommerc:ia111Wina,
The rninimwn limits acceptable shall be:
. .
S 1 Million Combined SiI1gle Limit (CSL)
"'--" Coverage should be provided on an Occurrence Fonn and include The Monroe County
Board of County Commissioners II and Additionallnsurcd.
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VEHICLE LIABlLlTY
lNSURANCE REQUIREMENTS
FOR
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The COUD"ay Owned Marina
Prior to the o!p"i-tioDllndividual twS }>?sscslion oCTbe Marina, the
Or~onllJidividua1 aba1l ~ Vcbic10 Liability IDsuruce. Coveras~ shall be
nw.ntained throughout the IifO of the Agreement and incJud~ u . minimum, liability
COVCTI6C for:
... Ownod~
... Non-Owned; and
... Hired Vehicles
The minimwn limits acceptablo abal1 be:
$1 Million Combined Sinal' Umit (CSL)
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ALL RISK PROPERTY
lNSURANCE REQUIREMENTS .
FOR
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The COUllty OWned Marina
Prior to the Q!'8lni"ltionlIndividuaJ t~ possession of'th~ Marina, the
OrganizationIJridividual shall obtain All Risk Property Insurance (to include the perils of
Flood and Wind) with limits no less than the .Replacement Cost Value oftbe Marina.
Coverage shall be maimained throughout the life of the Agreement and incJude, u a
minimum, liability COYefago tor:
FiR
Sprinkler l~.np
Wmdstorm
Civil Commotion
Liglimina
SmkhoJe Collapse
Smoke
Aircraft and Vehicle Damage
VlDclalism
PaWq Objects
Explosion .
Flood
Coverage must mead to Isry piJiDp, piers, wharves. docks, dikes or dams whicb are a .
permanent put oftbe Marina and evidence of the required inlurmce must clearly state
that aU exclusions reIatins to these property items have been deleted.
The Monroe COQnty Board of County Commissioners IhaU be named as Additional
Insured and Loss Payee on all policies issued to satisfy the above requirements.
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POUCY AND PROCEDURES
CONTRACT ADMlNISTRA nON
MANUAL
IDdemalncatioD ue! Hold aannlelS
The County Owaed Marini
The Organizationllndividual c:ovenants and agrees to indemnify and hold hannleu Monroe
County Board of County Commissioners from any and all claims (or bodily injury
(including death), penonaJ injury) and property d.amaae (including property owned by
Monroe Caunty) and any other losses. damages, and expenses (1l1cludmg anomey'. fees)
which arise out ot: in coMection with, or by reason of the Organizationnndividual
utilizing the property governed by this lease/rental agreement.
The extent ofliability is in no way limited to, reduced, or lessened by tho insurance
requiremems contained eJ~here within this agreement.
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Recommended revisions to the County-MEDC contract regarding
management of the mooring field.
I. The following paragraphs detail an amendment of the contract between Monroe County
am the management firm, the Marathon Economic Development COlDlCiI (MEDC), This
amendment outlines the additional scope of work for the MEDC and Monroe County,
with the addition of the mooring field.
II. This paragraph details each parties duties and responsibilities regarding the delegation of
management of the mooring field to the MEDe.
1. Monroe County
a. The county will be responsible for enacting all ordinances and codified
regulations regarding the mooring field.
The cowtty will be responsible for law enforcement actions relating to II.I.a.
Will be responsible for promulgating policies for extreme weather,
oun will be res nsib e
I provide the initial outfitting of for the service of the mooring field (i.e.
radios, ear, boat, tanks etc...)
Responsible fur e remova 0 ere Ict vesse .
Responsible for any legal proceedings relating to confiscation or eviction.
The county will within one week of being properly invoiced on a monthly
basis, by the MEDC, issue a check for the amount of the revenue generated
by the mooring field.
i Will provide catastrophic event replacement.
Will hold the MEDC harmless in liability causes related to the moorings.
2.
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a. Will be responsible for the repair, inspection, maintenance and planned
replacement of equipment for the moorings, not to exceed the revenue
generated by the moorings. Replacement of the screw anchors is excluded.
b. Responsible for the management of tile moorings, using BMP.
c. Responsible for all non-legal enforcement ofmarinalmooring roles and
procedures.
Will receive, account for, and deposit in the County's specified bank, all
funds received for the mooring field.
Will maintain proper records of the use and the revenue generated by the
mooring field. and will provide these to the county on a monthly basis.
Will maintain liability insurance for management services.
6/1/01