Item G2
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 03/15/2000
Bulk Item: Yes D No ~
Division:
Public Works
Department: EnQineerino
AGENDA ITEM WORDING: Approval to rescind lease agreement and enter into a
modified lease agreement with the Marathon Yacht Club for bay bottom adjoining the
Marathon Yacht Club site by changing the annual renewal option to an annual review.
ITEM BACKGROUND: At the June 9, 1999 BOCC meeting, the new 1 O-year lease was
approved with the following words added at the meeting "with an annual renewal option
at the County's option." When the lease was sent to the Yacht Club for execution they
requested a change in wording. A meeting was held with Commissioner Neugent, Jim
Roberts, David Koppel, and the current and future Commodore of the Yacht Club to
discuss the request. The outcome reached was to recommend to the BOCC change in
wording from "renewal option" to an "annual review."
PREVIOUS RELEVANT BOCC ACTION: On June 9,1999 the BOCC approved a new
1 O-year lease with the Marathon Yacht Club for submerged land next to their site on
33rd Street, Marathon. The prior 10-year lease began on June 27,1989. On December
8, 1999 a revision to the lease was presented to the Board at the request of the Yacht
Club. On January 19, 2000 the item was brought back to the BOCC but did not
include all requested information. Included herein is an opinion from the County
Attorney's office stating that there is a public purpose. Also, now we have comparable
rates that the State charges for leasing bay bottom.
STAFF RECOMMENDATION:
Approved as stated above.
TOTAL COST: ..1QJ!
COST TO COUNTY: ..1QJ!
REVENUE PRODUCING: Yes ~ No D
BUDGETED: Yes D No D
AMOUNT PER MONTH
YEAR $2.000
APPROVED BY: COUNTY ATTY 0 OM{'URCHASJ~ RISK MANAGEMENT 0
ITEM PREPARED BY: (y,..,-/ ~
County Enginee'l ;n~ee~partment
DIVISION DIRECTOR APPROVAL: ('Yc7T t:7---
DIVISION DIRECTOR NAME: Dent Pierce
DOCUMENTATION: INCLUDED: 0 TO FOLLOW: D NOT REQ~RE'}~--.
DISPOSITION: AGENDA ITEM #: ---I.:J:;IL
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
David S. Ko.ppel A(U
County Engmeer VII'
DATE:
February 29, 2000
RE:
Marathon Yacht Club
Bay Bottom Lease
Weare including the following information in the BOCC agenda item for the above-
referenced subject. .
I. Memo from County Attorney's office stating that the lease to the Yacht Club
serves a public purpose because they have pump out facilities that are available to the
public. (Pump out agreement with the State is enclosed)
2. Letter from Marathon Yacht Club showing a schedule of income and expenses for
the docks. Income=$56,813, Expenses=$53,901. A net income of$2,912 has been
realized for the year ending 1/31/00. (Income for dock fees is $45,636 plus $10,201
for utilities, and $916 for coin laundry)
3. The State formula for leasing bay bottom is 6% of the revenue collected or 11 Y2 cents
per square foot, whichever is greater. Since the square foot charge is normally
associated with non-revenue producing bay bottom, we will use the 6% fee herein.
Therefore, the dock fee of $45,636 times 6% yields an amount of $2,738.16 per year.
The County is asking for $2000 per year plus CPl. This was derived from the old
lease amount of $1600 and increased by the CPI over ten years.
DSK/jI
BayBottomLeaseDPE.DOC
FEB-28-00 12:21 FROM:MONRDE COUNTY ATTY OFFICE 10:3052823518
PAGE 1/1
MEMORANDUM
DATE:
February 29, 2000
TO:
Dave Koppel
Engineer
FROM:
Rob Wolfe ~ I
Chief Assistant Cclunty Attorney\...)( V
Marathon Yacht Club bay bottom lease
RE:
"""""''''''''''''~~""",,",~~~''''''''''''~~~~''''''''''''~~o'YvI''''''''''''''''''~
~ ~ ~ ~ ~ ~ .AiAIll .........- ~""""'" ~ ~ """""" ........... ~ ^"'" ,"""",I """""'" ~ -.....
The making available to the general public of the pump-out facilities at the
Yacht Club constitutes a public purpose supporting the lease. Whether the Bee
wishes to consent to the lease on the basis of that public purpose is a policy
decision for the Board.
R W / jeh
YACHT CLUB LEASE
LEASE. made this
day of
1999. between the Board of County Commissioners
of Monroe County. Rorida ("Lessor"'.
AND
the Marcfhon Yacht Cub. of Monroe County. Rorida. ("Lessee"J.
In consideration of the m'utuaf covenanis herein expressed Lessor leases to Lessee all righis
which may be owned by lessor in the bay bottoms adjoining the fand descnbed In attached
Exhibit II A" and extenc:fzng to the adjacent channeJs. subject to the foUowing conc:fdions:
1. TERM: The term of this Lease shafJ be for ten years. with an annual review on the
anniversary date. beginning on June 28. 1999. and ending on June 29. 2009.
2. RENTAL: Lessee shafl pay lessor the sum of fwo thousand ($.2.0oo.ooJ dollars per
year beginning on the date of the signing of this Lease and at yearly intervaJs thereafter. The rent
shafJ be adjusted annually on the anniversary date of this Lease to reflect the Consumer Price
Index change for goods and services in South Florida.
,
3. PAYMENT OF RENT: Rent shaJl be paid in advance. and if any installment
becomes more than 30 days overdue. or in case of any other default by lessee in the conditions
of this lease. Lessor may consider lessee a tenant at sufferance and may immediately enter upon
the premises and taKe possession thereof.
4.
SUBLEASE OR ASSIGNMENT:
Lessee shafJ not sublet or assign any portion of the
premises without th~ prior written consent of Lessor.
5. REGULATIONS: Lessee shall promptly comply with afJ applicable federaJ. state. and
county laws. statutes. ordinances~ and regulations pertaining to the use or occupancy of the
premises and shafl not pennit any pert thereof to be' used so as to constitute. a nuisance. or for
any illegal or immoral purpose.
6. DAMAGES: lessee waives and refeases Lessor from aU cJaims for damages due
to injury to the persons or property of lessee's empfoyees. cJients. customers. guests. agents. or
servants resulting from any incident which occurs on or in the premises.
7. RETURN OF PREMISES: At the end of the term herein or any extensions thereof.
Lessee shaJl return the premises and any improvements thereto to Lessor in as good condition as
when first leased. normal wear and tear excepted. and shell commit no waste during the term of
this Lease.
IN WITNESS WHEREOF. the parties hereto have signed this instrument on the
day of
. 1999.
(SEAL)
AITEST: DANNY L KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Meyor/Chairman
(SEAL)
ATTEST:
MARATHON YACHT CLUB
By.
By,
Secretary
President
jccnpyachtl
2
wA:.~-.~ ........... ...,... - - - ---
. --.
'. :
(MI\MTliON YAai"r CLUB SITE)
A arecl DC land being a portion oC tbc "Greater Marathon. Chamber oC
c~~crcc SlteO as described In the attached legal description, said
parce~.aC lAnd being mare parti~~larr~ described as Collows.
. .'
coMMENCE at the intersection or the Bast line or Government Lot 3 of
Section '10, Township 6& South, Range.32 East and the center Hne oC U.S.
Highway No. 1 (Sta te Road No.5);. therice 874 020 'w along said centerline
oC u.s. Highway No. 1 Cor 2642.55. teet; thence N1S.40.'W Cor SO.OO,"!,"!eet
Lo an 'Intersectlon with the Northerly' right-ot~ay line .ot SAid tJ:S.
HighWay No. 11 thence S740%O'W along said Northerly right-oC-way line
Cor 200.0,0' r,cct; th~nce N1So40'W tor 440.00 teet; thence N14020'E tor
64.00 Ceet to the Point aC Begi~ing of. the hereinafter described parce'
ot land; ~ence S14020'W along the last described line tor 84.00 teet;
thence N1So40'W Cor 111 Ceet mare or less to the mean high water' lIne
along the Northeasterly shore ot the existing'yacht basin; thence
meAnder northWesterlY along said mean high water line and along the
southwesterly race ot the existIng concrete dock tor 300 Cee't more or
less to the Northerly te~inus ot said concrete dock; thence NT4020'E
Cor 84 Ceet .more or less to an Intersection with a line bearing N1So40"
Crom the point or Beginning~ thence S150~0'E along said line ror 411. ..--'
reet IDOre or less to the POl'nt ot. 'S-~gf'nnlng.
"
'.
"
.
~
c::Ma'tathon <yadzt (!lub-
62' 33'lJ ~tv.d, 9ulf
df1awhDll, 9lo'lik
30'/143-6139
'Jeu; 30'/289-2076
,,,",~''';''~ r:r:J~
,-,,1\,. '\ri~
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------.. .
Feb. 18,2000
Mr. David s. Koppel
5100 College Rd.
Key West, Fl 33040
RE: Marathon Yacht Club Bay Bottom Lease
ref: Your letter dated Jan. 25, 2000
Dear Mr. Koppel:
I have taken over the commodore duties from Past Commodore McDonald effective February I, 2000 per
the scheduled change of watch.
We are uncertain how the county might define <<public purpose" and we are uncertain why you are asking.
I feel that in our meeting with you on November 17, 1999 we agreed to a lease rate which was not below
market
As relates to the Marathon Yacht Club's use of the "bay bottom", the club hasjust finished installing a
marine holding tank pump-out system. Sewage pump-out service is available to the boating public at our
facility and is being advertised by the State of Florida as being available at our docks. This is one of the
very first pump-out stations in the middle keys and is a small but important part of the solution to the
important problem of near shore pollution.
On Dec. 14, 1999, I attended a meeting opened by Monroe County Commissioner Nora Williams. In this
meeting I committed the Marathon Yacht Club to working towards the State of Florida's "Clean Marina"
designation. Looking at this task and comparing our marina to other marinas represe.llted in that meeting.
I am proud to state we have every expectation of being one of the first. if not the first marina in the keys to
receive this designation. The Marathon Yacht Club, often working with the 34 other yacht clubs of the
Florida Council of Yacht Clubs. has a proud history of leadership on issues of responsible boating.
Article II of the Marathon Yacht Club bylaws reads: <i'he purpose of the club shall be to promote yachting
and related activities among the members and to maintain a club house for their enjoyment and use".
The public purpose of an intrinsically private orpni7~tion is the collective public contributions of time,
money and club facilities by its constituents. Our constituents include 545 members. their families. our 25
employees, our several hundred visitors each year from the Florida Council and other yacht clubs. many of
whom stay in our marina. When I asked our member, Nancy Coletti about public contributions she
quickly filled a page (attached) and I am certain there are many more. I am particularly proud of our
club's support of the community youth sailing program. In 1999 our members ran an auction and donated
equipment which raised $6720.97 for this program. in addition to direct cash.donations.
You have also asked for expanded iDformation regarding how we account for the receipts and
expenditures of our docks. We now have a complete fiscal year-end. I have asked Alice Skinger, our
Treasurer, to compile this information which is attached.
MEMBER OF FLORIDA COUNCIL OF YACHT CLUBS, INC.
I plan to personally attend the BOCC meeting if this issue is on the agenda.
Yours very truly,
W J2~ . -
~.c;)~
William E. Weir, Commodore
Marathon Yacht Club
cc: Commissioner, Nora Williams
Commissioner, George Neugent
Commissioner, Wilhelmina Harvey
Honorable Mayor, Shirley Freeman
Commissioner, MaIy Kay Reich
County Administrator, Jim Roberts
County Attorney, Jim Hendrix
MARATHON YACHT CLUB, INC.
DOCKS
SCHEDULE OF INCOME AND EXPENSE FOR
THE YEAR ENDED 1/31/00
INCOME
DOCKAGE FEES
UTILITIES
COIN LAUNDRY
EXPENSE
UTILITIES
BAY LEASE
INSURANCE
DOCK EXPENSE
WAGES
PAYROLL TAXES & INSUR.
OFFICE SUPPLIES
CLEANING SUPPLIES
TELEPHONE
WASTE REMOVAL
NET INCOME
$45,636
10,201.
916 556,813
$12,706
1,454
2,202
1,489
19,599
13,193
248
578
896
1,536 53,9Ql
s. 2,91Z
DEPRECIA TlOl\l
THE ORIGINAL DOCKS ARE COMPLETELY DEPRECIATED.
TIlE DEPRECIATION FOR TIlE CURRENT YEAR WAS NOT
A V AllLABLE AS OF TInS REPORT.
PREPARED BY ALICE SKlNGER, TREASURER
o 1_< ~ "- ~ ~ A /;It'- "''<;:' FEBRUARY 18, 2000
BENEFITS/DONATIONS TO TIlE MARAmON COMMUNITY
FROM TIlE MARAmON YACHT CLUB
1. PUMP-OUT STATION FOR BOATERS
2. LUNCHES FOR CHAMBER RADIO AUCTION FOR SEVERAL YEARS
3. DONATION OF $1100.00 TO YOUTII SAILING CLUB TO BUilD PRAMS
4. AUCTION SPONSORED BY MYC OF DONATED ITEMS TO BENEFIT yourn
SAILING AT TIlE YOUTII CLUB WInCH YIELDED $6720.97
5. DONATED PROCEEDS OF BINGO TO YOUTH SAlLING-YIEID $380.00
6. DONATED USE OF OUR CHAFING DISHES, TABLECLOTHS AND TABLE
SKIRTS TO: MARAmON GARDEN CLUB
SAN PABLO CHURCH
MARINE BANK
IC'S
MARAmON YOUTH CLUB
7. DOCKS ARE USED BY SWITLIK SCHOOL ON THEIR CAREER DAY
8. EVENTS FOR: MARAmON POWER SQUADRON
FISHERMAN'S HOSPITAL AUXILIARY
FISHERMAN'S HOSPITAL ASSO.
MARATHON CHAMBER OF COMMERCE
MARAmON CONTRACTOR'S ASSO.
HAM RADIO CLUB
MID-KEYS MARINE ASSO.
MIDDLE & LOWER KEYS REALTORS
KEY WEST CITIZEN MEETINGS
ZONTA
MARAmON BPW CLUB
U.S. COAST GUARD
SHERIFF'S DEPT.
MARAmON SHRlNERS
MARAmON KEYE'ITES
9. WE DONATED A FULL SPAGHETTI & MEAmALL DINNER TO TIm WHOLE
MARAmON mGH SCHOOL FOOmALL TEAM AND COACHES
10. WE DONATED CANNED GOODS, TOYS AND A TV TO DOMESTIC ABUSE
11. WE DONATED USED CARPETING TO MARATHON GARDEN CLUB
12. YEARS AGO WE GAVE TIlE BOAT RAMP TO TIlE COUNTY FOR PUBLIC
USE. IT WAS APART OF TInS PROPERTY.
13. TIlE AMERICAN CANCER SOCIETY RAN TIlEIR IAIL & BAIL FROM MYC
TO RAISE FUNDS TO BENEFIT CANCER RESEARCH
14. WE HIRE 25 EMPLOYEES WHO ADD TO TIm ECONOMY OF MARAmON
15. BOATERS STOP HERE ON TImIR WAY TO TIm BAHAMAS AND SHOP AT
OUR LOCAL STORES TO STOCK UP FOR TImIR TRIPS
~
d'fa'UJi:hon <yacht aut;
62' 33"J ~tu.d, ~ulf
c::M.4whon, 91'.o"uk.
30'/143-6139
~QJC 30'/269-2076
February 22, 2000
Mr. David S. Koppel, P.E.
County Engineer
5100 College Road
Key West, Fl 33040
Dear Mr. Koppel,
Enclosed is a copy of our pump-out station agreement with the State to be attached to our
bay bottom lease.
Very truly yours,
;;) ~ ~~Q.::'
William E. Weir, Commodore
Marathon Yacht Club
t:: 1'-: !ill ~r:
r; r~! [-----LJ1~.lnlll
I,
FEB 2 it 2!}OO '1 \
'---' -_: -
MEMBER OF FLORIDA COUNCIL OF YACHT CLUBS. INC.
Department of
Environmental Protection
-
-
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
David B. Struhs
Secretary
June 2, 1999
Mr. William Weir
Marathon Yacht Club
825 33rd St. Gulf
Marathon, Florida 33050
Dear Mr. Weir,
Enclosed are three original Project Agreements for signature under Florida's Clean Vessel Act
Program. After you review and understand the tenns and conditions of the Project Agreement
and Attachment A, please sign and fill out all three Agreements. It is important to sign and
return all three of these agreements immediately to secure funding for your project. After
completing and signing, please return the Agreements to:
Florida Department of Environmental Protection
Bureau of Administrative Support, Mail Station 665
3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000
Attention: Florida Clean Vessel Program, Mr. Jan R. De Laney
After all three original Project Agreements have been received by this office; the Agreements
will be processed for execution. A grant award package containing instructions, one fully signed
Project Agreement with Attachment(s), reporting fonns and request for payment fonns will then
be sent to you. According to the Grant Agreement, the project is scheduled for a completion date
of September 1, 1999.
Should you have any questions or concerns, this office will be happy to work with you in
realizing a successful project. You may reach me at (850)488-5600 extension 154. Again, thank
you for your part in helping keep Florida's waters clean.
Lisa Wakasugi
Grants Specialist
Bureau of Administrative Support
"Protect., Conserve and Manage florida's Environment and Natural Resources"
Prinred on recycled PQ~r.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No. LE253
For CVA 98-171
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399 (hereinafter referred to as the "DEPARTMENr) and Marathon Yacht Club Inc. whose
address is 825 33rc1 St. Gulf. Marathon, Florida 33050 (hereinafter referred to as the "GRANTEE"), a
Florida non-profit corporation, to conduct a project approved under the Clean Vessel Act Grant
Program (CFDA 15.616).
In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do
hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel
Act of 1992, the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85)
and Section 370.0608(3)(c)2, Rorida Statutes which are hereby incorporated by reference as if
fully set forth herein.
2. The GRANTEE agrees to conduct the project known as Clean Vessel Act Improvements,
in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as
provided in Attachment A, and all exhibits and attachments referenced herein and made a part
hereof.
3. The GRANTEE agrees to complete the project on or before September 1,1999. This
Agreement shall become effective upon execution and shall remain in effect for a period of five
(5) years from the date of project completion. The GRANTEE must make project facilities
available to the boating public for a minimum of five years after the completion date of the project
established above..
4. The project completion date may be extended by written mutual agreement, in accordance with
Section 287.057(11), Florida Statutes, subject to the same terms and conditions and the
availability of funding. Extension of time in which to complete this Agreement shall be in
writing and shall be requested at least sixty (60) days prior to the completion date as described in
paragraph 3 above.
5. The GRANTEE shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement,
the DEPARTMENT shall pay the GRANTEE on a fixed price basis as specified in Attachment A
of this Agreement. The DEPARTMENT may not be invoiced for any work performed prior to the
execution of this Agreement or for any work performed after the project completion date
established in paragraph 3. All invoices for amounts due under this Agreement shall be
CVA 98- 171 LE253
Page 10(6
submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses
are authorized under the terms of this Agreement.
7. The GRANTEE shall submit a final invoice to the DEPARTMENT no later than September 16,
1999 to assure the availability of funds for final payment.
8. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
9. Pursuant to Florida Statutes, the DEPARTMENT'S project manager shall have 5 working days,
unless otherwise specified herein, to inspect and approve the services for payment; the
DEPARTMENT must submit a request for payment to the Florida Department of Banking and
Finance within 20 days; and the Department of Banking and Finance is given 10 days to issue a
warrant. Days are calculated from the latter date the invoice is received or services received,
inspected and approved. Invoice payment requirements do not start until a proper and correct
invoice is received. Invoices which have to be returned to a GRANTEE for correction(s) will
result in a delay in payment. A Vendor Ombudsman has been established within the Department
of Banking and Finance who may be contacted if a GRANTEE is experiencing problems in
obtaining payment(s) from a State of Florida Agency. The Vendor Ombudsman may be
contacted at 850/488-2924 or 1-800-848-3792.
10. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the
GRANTEE, interest at a rate as established by Section 55.03 (i), Ronda Statutes on the
unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services. Interest
payments of less that $1.00 will not be enforced unless a GRANTEE requests payment. The
interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11
(1998-99) dated December 2, 1998, has been set at 10.0% per annum or .02740% per day.
The revised interest rate for each calendar year beyond 1999 for which the term of this
Agreement is in effect can be obtained by calling the Department of Banking and Finance,
Vendor Ombudsman at the telephone number provided or the Department's Contracts Section at
850/922-5942.
11. The GRANTEE shall save and hold harmless and indemnify the State of Florida and the
DEPARTMENT against any and all liability, claims, judgments or costs of whatsoever kind and
nature for injury to, or death of any person or persons and for the loss or damage to any property
resulting from the use, service, operation or performance of work under the terms of this
Agreement, resulting from the negligent acts of the GRANTEE, his subcontractor, or any of the
employees, agents or representatives of the GRANTEE or subcontractor to the extent allowed by
law.
12. This Agreement may be terminated by either party, for failure to perform by the non-terminating
party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be
sufficient if delivered personally or by certified mail to the address contained herein. In case of
termination by the GRANTEE, only amounts accrued to the date of cancellatjon shall be due and
payable. In case of termination by the DEPARTMENT, the GRANTEE shall be responsible for
refunding program funds within sixty (60) days of termination. Failure to comply with the
provisions shall result in the DEPARTMENT declaring the GRANTEE ineligible for further
participation in the Program.
CVA 98- 171 LE253
Page 2 of 6
13. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of
Program funds for non-compliance with the terms and conditions of this Agreement. If it
becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered
pursuant to this Agreement, the GRANTEE agrees to return said funds to the DEPARTMENT
within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty (60)
days, the GRANTEE understands and agrees that any further GRANTEE requests for funding
as to this or any other program under the DEPARTMENT'S administration shall be denied until
the funds have been returned.
14. Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE
William Weir
Project Manager
Marathon Yacht Club
825 33rd St, Gulf
Marathon, FL. 33050
DEPARTMENT
Jan R. Delaney
Project Manager
Division of law Enforcement
3900 Commonwealth Blvd., M. S. 630
Tallahassee, Fl 32399-3000
15. The DEPARTMENT reserves the right to inspect the project at any reasonable time and to have
reasonable access for such inspection by appropriate state and federal representatives.
16. Pursuant to Section 216.2815, Florida Statutes, all records with respect to receipt and
expenditure of the appropriations for money funding this grant shall be public record and shall be
treated in the same manner as other public records that are under general law. This Agreement
may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public
access to all documents, papers, letters, or other material subject to the provision of Chapter
119, Florida Statutes, and made or received by the GRANTEE in conjunction with this
Agreement.
17. The DEPARTMENT'S Project Manager is Jan R. Delanev, Proaram Grants Manaaer, Phone
850/488-5600 extension 178. The GRANTEE'S Project Manager is William Weir. Phone 305/
743-6739. All matters shall be directed to the Project Managers for appropriate action or
disposition.
18. The GRANTEE warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the GRANTEE to solicit or secure the Agreement and
that it has not paid or agreed to pay any person, company, or corporation, individual, or firm,
other than a bona fide employee working solely for the GRANTEE any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award or making of
this Agreement.
19. The GRANTEE covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
20. This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the Jaws of Florida. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement. Any action hereon or in connection
herewith shall be brought in Leon County, Florida.
CVA 98- 171 LE253
Page 3 of6
21. The GRANTEE shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. The DEPARTMENT, the State, or their authorized representatives shall. have access to
such records for audit purposes during the term of this Agreement and for three years following
Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
22. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the
GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to
offset the amount identified or return the amount due.
23. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power, or remedy of
either party; nor shall such delay or failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
24. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on the services or goods purchased under the terms of this Agreement.
25. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or
interest in any third party without the mutual written agreement of the parties hereto.
26. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected
to discrimination in performance of this Agreement.
27. This Agreement is an exclusive grant and may not be assigned in whole or in part without the
written approval of the DEPARTMENT.
28. The GRANTEE shall not subcontract, assign or transfer any work under this Agreement without
the prior written consent of the OEPARTMENrS Project Manager. The GRANTEE agrees to be
responsible for the fulfillment of all work elements included in any subcontract consented to by
the DEPARTMENT and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not
be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and
that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract.
29. The employment of unauthorized aliens by any contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
The GRANTEE shall be responsible for including this provision in all subcontracts with private
organizations issued as a result of this Agreement.
30. The Grantee shall comply with all applicable federal, state and local rules and regulations in
providing services to the Department under this Agreement. The GRANTEE acknowledges that
this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
CVA 98- 171 LE253
Page 4 of6
31. To the extent required by law, the GRANTEE will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in any case any work is subcontracted,
the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under the Worker's
Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide,
adequate insurance satisfactory to the DEPARTMENT, for the protection of his employees not
otherwise protected.
32. The GRANTEE, as an independent contractor and not an agent, representative, or employee of
the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance.
The Department shall have no liability except as specifically provided in the Agreement.
33. The DEPARTMENT shall have exclusive rights to all designs, logos, mottos, slogans, data or
other concepts developed under this Agreement. This provision shall apply whether the property
just described is in the possession of the GRANTEE or a third party.
34. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or
consultant under an agreement with any public entity, and may not transact business with any ,
public entity in excess of the threshold amount under Category Two provided in Section 287.017,
Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor
list.
35. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering
into any subcontracts under this Agreement with any organization described in Section 501 (c)
(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does
not, and will not engage in lobbying activities prohibited by the Act as a special condition of the
subcontract.
36. This Agreement represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
CVA 98- 171 LE253
Page 5 ot6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and
year last written below.
MARATHON YACHT CLUB, INC.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:tJdL- 'Z;()~.
Signature of Person Authorized to Sign
By:
Director, Division of Law Enforcement or designee
(,VILt-r4-1Yl f. WE, e If IC~ COt'fIlk.()OfZ€
Print Name and Title of Authorized Person
Date:~ ,qqer
Date:
FEID No. 59-1164934
Federal Employer Identification Number
~~~
~~~~
Approved as to form and legality:
~~... ~ ,^,--
o istant General Counsel
List of Attachments/exhibits included as part of this Agreement.
Type
Attachment
Number
A
Descriptionlincludina number of paaes)
Scope of Work (3 pages)
CVA 98- 171 LE253
Page 6 of6
ATTACHMENT A
Clean Vessel Grant Program
Scope of Work
PURPOSE
The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible
to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the
Agreement period extending beyond the date of equipment installation or construction completion.
These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds.
This is a fixed price agreement with matching requirement based on the amount actually paid by the
DEPARTMENT to the GRANTEE. The Department of Environmental Protection agrees to pay the
GRANTEE, on a fixed price basis, a grant award in the amount of J18. 765.00 and the GRANTEE
agrees to undertake the project as described and submitted by the GRANTEE in the Grant Application,
CVA # 98-171, and provide a minimum 25% non-federal matching funds. The project is located at
Marathon Yacht Club. 825 33rd St. Gulf. Marathon. Florida 33050.
CONDITIONS
Reimbursement
1. The request for payment shall consist of an invoice on the GRANTEE'S letterhead, clearly
marked as invoice. Two invoices and a final invoice are allowed under this Agreement. The
GRANTEE shall maintain an itemized listing (by category) of all expenditures claimed, including
the dates of service, on GRANTEE invoices submitted to the Department. Receipts clearly
reflecting the dates of service and back-up documentation shall be kept and made available by
the GRANTEE for auditing purposes. Invoices for the deliverables described on page three (3)
of this attachment must explicitly reference the deliverables and the grant award amounts
associated with each deliverable.
2. The GRANTEE shall obtain all required permits and approvals prior to commencement of the
project. A grant award is not an indication of permitability of a project. A Permit Certification
Form, supplied by the DEPARTMENT, shall be sent to and be on file with the DEPARTMENT
before invoices will be processed for payment.
3. Match documentation shall be provided in accordance with instructions and on forms available
from the DEPARTMENT. Any credit for the match by the GRANTEE shall be based on forms
completed and documented to the satisfaction of the DEPARTMENT.
4. The DEPARTMENT shall have fifteen (15) days to review and approve all invoices and reports.
Upon review and approval of each invoice and report, the DEPARTMENT will process the
invoice for payment. Processing of invoices for payment shall be pursuant to DEPARTMENT
procedures and in compliance with Section 215.422, Florida Statutes.
5 The final invoice shall be accompanied by a completed and signed project completion form to be
provided by the DEPARTMENT, an operational plan as described in Condition 1 of the
Operations section of this Attachment, a description of the operational log required under
Condition 8 of the Operations section of this Attachment, and photographs of the completed
project.
Attachment A
CVA 98-171lE 253
Page 1 of 3
Operations
1 . The pumpout facility or dump stations will conduct its operations under an operational plan of the
GRANTEE that specifies hours of operation, maintenance principles, methods in determining
volume of material pumped including the use of flow meters as may be necessary.
information/educational materials on pumpout operation and assurances that the pumpout facility
or dump station will be used solely for the collection of boat sewage. This plan will be submitted
with the certification of project construction completion.
2. Each pumpout facility or dump station funded under this project shall be open and available to
the recreational boating public. Each pumpout facility or dump station shall be operated,
maintained, and continue to be reasonably accessible to all recreational vessels for the full
period of the pumpout facility or dump station's life.
3. The GRANTEE will provide marine sanitation and pumpout information for boat owners and
training for pumpout operators. These services may be provided through such methods as
information materials, on site instruction or audio-visual methods by the marina owner/operator,
equipment vendors, harbormaster or local government personnel.
4. The location of each pumpout facility or dump station will be continually identified through
informational markers. All informational markers located on the waters of the state shall be with
prior approval of the Department of Environmental Protection, Division of Law Enforcement,as
required by permitting procedures established by Florida Statutes and the Florida Administrative
Code.
5. Informational placards stating fees, hours of operations, instructions, and operator name and
telephone number shall be posted in a clearly visible location on the station housing. The
placard shall have posted emergency phone numbers for reporting service problems and shall
include the following statement:
Funded In part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection, Division of Law Enforcement.
6. Pumpout facilities will be designed and operated in accordance with state and local health
regulations.
7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5
per vessel. Fees greater than $5 require submittal for approval of an itemized operational. cost
justification by the Department of Environmental Protection, Division of Law Enforcement. Fee
accounting will be provided with the annual log described below. If fees are collected, such
proceeds shall be retained, accounted for, and used by the operator exclusively to defray
operation and maintenance costs of the pumpout equipment and associated materials.
8. The pumpout operator shall maintain an operational log to be submitted to the DEPARTMENT
the first day of each calendar quarter beginning with the quarter during which completion of
construction or installation of equipment occurred. The log shall document use of the
equipment by number of pumpout services events, gallons pumped, fees charged, and
maintenance, labor, or other operational costs incurred. Volume of sewage handled must be
determined as described in the approved operational plan. Costs may be estimated unless
greater than $5 fees are charged. Collection of higher fees require detailed accounting of
operational costs through a method included in and approved with the operational plan.
Attachment A
CVA 98-171 LE 253
Page 2 of3
DELlVERABLES
Tlie following is a schedule of deliverables and related amounts. The specific grant award amounts for
each of the deliverables listed in the schedule below may vary; however, the maximum grant award .
amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the
DEPARTMENT is based on the amount recommended and approved by the DEPARTMENT for this
specific project. The dollars expended or in-kind effort by the GRANTEE shall be at least 25% of the
total project amount as listed below.
Schedule of Deliverables and Amounts
Deliverables Detail Project Grant Amount
Amount
Permitting State and local permits required for $800.00 $ 600.00
installation of eauioment.
Construction Labor and materials required to $5,000.00 $3,750.00
prepare site for eauipment.
Renovation Labor and materials necessary to $0.00 $ 0.00
restore pumoout eauipment.
Equipment Purchase Pumpout or waste receptacle $10,000.00 $7,500.00
equipment and associated piping to
be installed.
Equipment installation Plumbing supplies, delivery and $4,500.00 $3,375.00
labor.
Operations and Maintenance Necessary repair of equipment $3,220.00 $2,415.00
including oarts and labor.
Information signs and Advertisements, handouts, pumpout $1,000.00 $ 750.00
brochures logo, channel marker, and
operational signage.
Education and instructional Brochures or handout information $500.00 $ 375.00
materials about the Clean Vessel Act and the
equipment available for oublic use.
Total Project Amount $25,020.00
Total Grant Award Amount $18,765.00
Total Match Amount $6,255.00
Attachment A
CVA 98-171 LE 253
Page 3 of 3
MEMORANDUM
DATE:
January 3, 2000
TO:
James Roberts
County Administrator
FROM:
David S. Koppel
County Engineer
!It
RE: Marathon Yacht Club
Comparable Revenue
At their December 8, 1999 B.O.C.C. meeting, the Board requested that we obtain comparable rates
for boat slip rentals in the Marathon area. Please note that the monthly rates provided fluctuate due
to the season. Utility charges are in addition to the rates cited.
Marilla Rates per Foot
Florida Keys Marina, Marathon $9.50
. (County Owned)
Dockside Marina $9.50 - off season
$12.50 - seasonal
Harbor Key Club $8.50 - off season
$10.50 - seasonal
Marathon Boat Yard $9.00
Burdines Waterfront $16.00
Marathon Marina $11.25 - off season
$14.25 - seasonal
Sombrero Resort and Lighthouse Marina $15.50 - $17.25
Farro Blanco (bay side) $14 - $16.50
This is what we have learned of the Marathon Yacht Club:
'. December - May Rates
· June - November Rates
$7.50/ft
$5.50/ft
· 30' minimum vessel charge
· $50 membership application fee
· $1,500 membership fee (currently over 500 members)
· $470/year annual dues
· Metered electricity
· Water included
MARATHON YACHT CLUB
COMPARABLE REVENUE
Assuming 18 vessels @ 30' each, 100% occupancy, and an average rate of $6.50 per foot per month
yields the following annual revenue:
30' x $6.50 per foot = $195 x 18 vessels = $3,510 per month
$3,510 x 12 months = $42,120 annual revenue
Please let me know if anything else is required.
DSK:sb
c: Dent Pierce
2