HomeMy WebLinkAboutR-2026-125 US Marina Management - Second Amendment (Credit Card Processing)RESOLUTION NO. 2026-125
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A SECOND AMENDMENT TO THE
MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY OF DANIA
BEACH, FLORIDA, AND US MARINA GROUP, LLC TO AUTHORIZE
REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City and Oasis Marina, LLC entered into a Marina Management
Agreement dated and effective January 6, 2024, under RFP No. 23-012 (the “Original
Agreement”); and
WHEREAS, the Original Agreement was assigned to the US Marina Group LLC, pursuant
to an Assignment and Assumption Agreement effective April 23, 2026 (the “Assignment”); and
WHEREAS, the City and the Contractor entered into a First Amendment to Marina
Management Agreement dated April 23, 2026, modifying certain insurance requirements (the
“First Amendment”); and
WHEREAS, the Original Agreement, as assigned by the Assignment and amended by the
First Amendment, is referred to herein as the “Agreement”; and
WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day
operations of the Marina, including the collection of City-established charges as the City’s agent
and the use of credit cards and online payments as preferred methods of payment; and
WHEREAS, the City desires to establish a contractual framework under which an
electronic payment service fee may be collected on eligible City transactions, subject to applicable
law, payment-card requirements, and the City’s written direction; and
WHEREAS, the City adopted an ordinance creating a provision relating to “Electronic
Payment Processing Surcharges” to authorize the City to recover electronic payment processing
costs as authorized by section 215.322(5), Florida Statutes, so that the City can remain whole in
its fees; and
WHEREAS, the Parties desire to amend the Agreement to authorize electronic payment
service fees.
2 RESOLUTION #2026-125
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That City approves the appropriate officials to execute the Second
Amendment to the Marina Management Agreement Between the City Of Dania Beach, Florida
and Us Marina Group, LLC, which amendment is attached and incorporated by reference as
Exhibit A to this resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on September 14, 2026.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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SECOND AMENDMENT TO MARINA MANAGEMENT AGREEMENT BETWEEN
THE CITY OF DANIA BEACH, FLORIDA AND US MARINA GROUP, LLC
(ELECTRONIC PAYMENT SERVICE FEE)
This Second Amendment to Marina Management Agreement (“Second Amendment”) is
entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY
OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and US MARINA
GROUP, LLC, a Florida limited liability company (the “Contractor”). The City and the Contractor
may each be referred to as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the City and Oasis Marina, LLC entered into a Marina Management
Agreement dated and effective January 6, 2024, under RFP No. 23-012 (the “Original
Agreement”); and
WHEREAS, the Original Agreement was assigned to the Contractor pursuant to an
Assignment and Assumption Agreement effective April 23, 2026 (the “Assignment”); and
WHEREAS, the City and the Contractor entered into a First Amendment to Marina
Management Agreement dated April 23, 2026, modifying certain insurance requirements (the
“First Amendment”); and
WHEREAS, the Original Agreement, as assigned by the Assignment and amended by the
First Amendment, is referred to herein as the “Agreement”; and
WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day operations
of the Marina, including the collection of City-established charges as the City’s agent and the use
of credit cards and online payments as preferred methods of payment; and
WHEREAS, the City desires to establish a contractual framework under which an
electronic payment service fee may be collected on eligible City transactions, subject to applicable
law, payment-card requirements, and the City’s written direction; and
WHEREAS, the Parties desire to amend the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are acknowledged, the
Parties agree as follows:
1. Recitals and Defined Terms. The foregoing recitals are true and correct and are incorporated
into this Second Amendment. Capitalized terms not otherwise defined in this Second Amendment
have the meanings assigned to them in the Agreement.
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2. Electronic Payment Service Fee. For purposes of this Second Amendment, “Electronic
Payment Service Fee” means a separately stated fee authorized by the City Commission and
assessed in connection with a Covered Transaction solely to recover the applicable payment-
processing costs, to the extent permitted by law.
“Covered Transaction” means the payment of a charge established by the City and collected by
the Contractor on behalf of the City through the merchant account designated by the City, using
an electronic-payment method authorized by the City. A Covered Transaction does not include a
cash payment or any transaction for which the Contractor or another person is the merchant of
record.
The Agreement is amended to permit collection of an Electronic Payment Service Fee only in
accordance with the following requirements:
a. City Authorization. The Contractor shall not assess an Electronic Payment Service Fee unless
and until the City provides written authorization to implement the fee for Covered Transactions.
The City’s authorization shall apply prospectively to all Covered Transactions and shall not require
the City to separately approve individual transactions.
b. Legal Eligibility. Before authorizing implementation, the City shall determine that the
Electronic Payment Service Fee may lawfully be applied to Covered Transactions and that the
proposed implementation complies with applicable law and the requirements of the applicable
merchant acquirer, payment processor, and payment-card network.
c. Establishment of Fee. The amount or methodology of the Electronic Payment Service Fee shall
be established by the City Commission based upon the actual payment-processing cost or a
reasonable estimated blended rate designed to recover the City’s aggregate payment-processing
costs. The applicable fee schedule shall be communicated to the Contractor in writing by the City
Manager or designee. The fee shall not exceed the amount authorized by the City or the amount
legally permitted and reasonably necessary to recover the applicable payment-processing costs,
whichever is less. The City may periodically review and revise the fee schedule to reflect changes
in processing costs.
d. Application of Fee. The Contractor shall apply the City-established Electronic Payment Service
Fee uniformly to all Covered Transactions in the amount or according to the methodology
established by the City Commission. The Contractor shall not independently establish, increase,
decrease, waive, retain, or otherwise modify the fee.
e. Disclosure. Before completing a Covered Transaction, the Contractor shall clearly disclose the
amount of the Electronic Payment Service Fee and any payment method available without the fee.
The Electronic Payment Service Fee shall appear as a separate line item on the customer’s receipt.
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f. Contractor Transactions. The Contractor is solely responsible for the payment-processing
costs, fees, and legal and contractual requirements associated with transactions for which the
Contractor is the merchant of record. Such transactions are not Covered Transactions. Any fee
imposed by the Contractor in connection with such a transaction is imposed solely by the
Contractor and shall not be represented as imposed or collected on behalf of the City.
g. Accounting and Treatment of Proceeds. The Contractor shall separately account for all
Electronic Payment Service Fees from amounts received for the underlying City-established
charges included in Covered Transactions, merchandise sales, taxes, and all other receipts.
Electronic Payment Service Fees are not Marina Revenue or gross receipts for purposes of the
Agreement and shall not be included in calculating the Monthly Management Fee, any percentage
payment, revenue share, commission, or other compensation payable to either Party.
Electronic Payment Service Fee proceeds shall be applied as an offset against the corresponding
credit-card fees, bank fees, third-party fees, PCI-DSS costs, and other payment-processing
Operating Expenses for purposes of calculating Net Operating Income, so that only the net
unrecovered payment-processing cost is treated as an Operating Expense. The Contractor shall
remit, settle, or apply all Electronic Payment Service Fee proceeds only as directed by the City
and shall not retain any portion as additional compensation.
h. Records and Reporting. The Contractor shall maintain transaction-level records sufficient to
identify the underlying City-established charge, payment method, Electronic Payment Service Fee
assessed, refund or reversal, settlement of the fee, and application of fee proceeds against the
corresponding payment-processing costs. Such records shall be included in the Contractor’s
regular financial reporting and shall be available for inspection and audit under the Agreement.
i. Refunds and Chargebacks. The Contractor shall apply the City’s written refund and
chargeback procedures. An Electronic Payment Service Fee shall be refunded only when required
by applicable law, applicable payment-card requirements, or the City’s written direction.
j. Suspension or Modification. The City may suspend, discontinue, or revise the Electronic
Payment Service Fee program at any time by written notice. The Contractor shall implement the
City’s direction within the time reasonably specified by the City and shall not be entitled to
additional compensation or damages as a result.
3. No Other Compensation or Pricing Change. Except for an Electronic Payment Service Fee
expressly authorized and implemented in accordance with this Second Amendment, this Second
Amendment does not modify the Contractor’s Monthly Management Fee, accounting services fee,
marketing fee, Annual Incentive Fee, any City-established charge, the approved Annual Budget,
or any other payment, expense, or compensation provision of the Agreement.
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4. Prospective Application; No Ratification of Prior Charges. This Second Amendment applies
prospectively from the date the City provides written authorization to implement the Electronic
Payment Service Fee. Nothing in this Second Amendment constitutes an admission or
determination regarding the authorization, legality, amount, treatment, or compliance of any fee
assessed before that date, and no prior fee or practice is ratified or approved by this Second
Amendment.
5. Order of Precedence. If a conflict exists between this Second Amendment and the Agreement,
this Second Amendment controls solely with respect to the subject matter addressed herein. In all
other respects, the Agreement remains controlling.
6. Ratification. Except as expressly amended by this Second Amendment, all terms and conditions
of the Agreement are ratified and reaffirmed and remain in full force and effect.
7. Counterparts and Electronic Signatures. This Second Amendment may be executed in
counterparts, each of which is deemed an original and all of which together constitute one
instrument. Electronic and digital signatures shall have the same force and effect as original
signatures to the extent permitted by law.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM
CITY MANAGER
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CONTRACTOR:
WITNESSES:
US MARINA GROUP, LLC, a Florida limited
liability company
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2026, by _______________ (name),
_______________________ (title), of US MARINA GROUP LLC, a Florida limited liability
company, who is personally known to me or has produced
as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida