11/12/1998
MARINA MANAGEMENT AGREEMENT
This marina management agreement (the agreement) is entered into this /2.... M day of
f\lb 1/( M.1S~ 1998. by and between Monroe County. a political subdivision of the State of Florida
(the County) and the Marathon Economic Development Council. Inc.. a not-for-profit Florida
corporation (the MEDC). In exchange for the mutual promises and consideration set forth below, the
parties agree as follows:
1. MEDC must furnish marina management services at the Boot Key Harbor Marina, as
depicted in Exhibit A of this agreement which is incorporated and made a part of it. The marina
management services are more particularly described as follows:
a) the sale of fuel and oil (if the County elects to provide fuel pumping facilities);
b) the sale of boating and fishing related items;
c) the provision and rental of boat slips; and
d) furnishing routine maintenance and minor repairs to the marina facilities.
2. The MEDC must keep the marina open to the public from 6:00 AM to 9:00 PM. seven
days a week including holidays.
3. In addition to the management services described in Sections 1 and 2, the MEDC must
also prepare and submit to the County Engineer no later than April 1. 1999. and no less frequently
than semi-annually thereafter. a list of capital improvements to the marina t@t tfl,e 'tSDC"'tlas
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determined would serve to increase the marina I s usefulness to the public or ~ ~oui: hJa to
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protect the water quality in Boot Key Harbor. The Board of County CommissioOO :..r:natfun~he
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suggested capital improvements in its discretion. ;<~~ (,0) ~
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4. All fees and revenue collected by the MEDC must be deposited~ai~ in ~ C~ty
Depository designated by the Clerk.
5. a) 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 an invoice and a monthly financial report for the preceeding
month for payment to the County Engineer. in a format approved by the Clerk of the Circuit Court,
setting forth the management services performed during the prior month. If the County Engineer
determines that the invoice is sufficiently complete in describing the management services
performed during the prior month. he must promptly approve the invoice and forward 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 and return 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.
b) The MEDC must keep all financial records pertaining to this agreement according
to generally accepted accounting 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 the
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 financial records
pertaining to this agreement to auditors employed by County or the Clerk (or state 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 after the end of each County fiscal year (year ends September 30).
6. The MEDC acknowledges that its records pertaining to this agreement are public
records under Chapter 119. Florida Statutes. and must be made available at a reasonable place
and 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 a notice to proceed
to the MEDC or February L 1999, whichever occurs first. and extends for three years from the
commencement date.
8. Notwithstanding the effective date 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 attached to this agreement and made a part of it.
9. This agreement may be terminated by the County if the County's Board of County
Commissioners, in their discretion, choose not to appropriate sufficient revenue to fund the
agreement. In that case. the County must promptly notify the MEDC in writing of the
nonappropriation. Upon receipt of the written notice. the ME DC must immediately terminate the
provision of management services (unless a later termination date is stated in the nonappropriation
notice). If nonappropriation occurs, the County remains obligated to pay the MEDC a prorata
amount of the last monthly fee based on the proportion of the month for which management
services were rendered up to termination. Any management services provided by the MEDC after
the date of termination will be at the sole cost and expense of the MEDC.
10. All written communication between the parties required by this agreement must be
sent by certified mail, return receipt requested, to:
For the County
Dave Koppel ,County Engineer
Public Service Building
5100 College Road
Key West. FL 33040
For the MEDC
Kirby Cay Scheimann,
Executive Director
1555 Blue Fin Drive
Marathon, FL 33050
Either party may substitute the contact individuals and addresses by written notice to the other
party.
11. This written document represents the parties' entire mutual understanding and
agreement. It supersedes any prior agreements, memoranda, or other communications between
the parties. whether written or oral. This agreement may only be modified by a written amendment
signed by duly authorized representatives of both parties.
// IN ",' WHEREOF. the parties hereto have set their hands and seals the day and year first
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ATTEST:DANNY.L: KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 'B era ~~ (}~-J
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Mayor/Chairman
(SEAL)
ATTEST:
MARATHON ECONOMIC DEVELOPMENT
COUNClL.INC.
By
By
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NOV~10-98 rUE 3:18 PM
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/ it has not employed,
retained or otherwise had act on his/ its behalf 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 3 of Ordinance No. 10-1990. For
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,
commission, percentage, gift, or consideration paid to the former County officer
or employee.
/Y4~
(Si~ture) ~
Date: / /- 3d ~ 9f'
.
STATEOF ~~G..-
COUNTY OF ~'f\.. ~
Subscribed and sworn to (or affirmed) before me on \\..,I~ \l?6
(date) byV~'..&... ~. ~:c.e... ~'1). (name of affiant). He/She
is personally known to me or has produced
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(type of identification) as identification.
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Y corrumsslOn exprr :o"p-- u~ OFFICIAL NOTARY SEAL
~ . '0 DEBRA L DUBOIS
I ~ ,. COMMISSION NUMBER
~ J CC417387
(:' 0 o<$f' MY COMMISSION EXP.
CMD012-9/1l/95 Ffl DEC. 2,1998
~&-TR.~
NOTARY PUBLIC