Item Q04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/21/05
Division:
County Administrator
Bulk Item: Yes l:L
No
Department: County Administrator
Staff Contact Person: Abra Campo
AGENDA ITEM WORDING: Approval of Lease Agreements between Monroe County BOCC
and HOCC employees for temporary RV housing.
ITEM BACKGROUNl): Monroe County employees have suffered significant damage to their
primary residences due to Hurricane Wilma and the Hoard has made available to those who
have an immediate need for housing during the repair and restoration to their primary
residence. Individual employee leases need to be executed by the Board.
PREVIOUS RELEVANT BOCC ACTION: See above.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval of individual employee leases.
TOT AL COST: To be determined
BUDGETED: Yes
No
COST TO COUNTY: To be determined SOURCE OF FUNDS: Hurricane Wilma
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County Atty l:L OMl3/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
!jfwmaJ '). Willi.
(Thomas J. Willi)
DOCUMENTATION:
Included X Not Required_~
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
. r~ CONTRACT SUMMARY
.. .Honroe LCPUVI+::1 .
Contract WIth. ~ F~/'.(\\t-'\i,cooc~ Contract #_
_.-1 I Jt......' '0.'"-{ (t~< -"
,. Effective Date:
Expiration Date:
Contract PurposelDescription:
f<~:E \
Contract Manager:
i ~ /"~
)J.. k,')r~() c f {IVY.'} fxC)
(Name) I
tJMlI !
# f ~ i
(Ext.)
(Department/Stop #)
for BOCC meeting on
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No 0 Account Codes:
Grant: $
County Match: $
Current Year rortion: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD
Date Out
Reviewer
County Attorney
f /~ /If ,'/'~'- /~.,~
Risk Management
o .M.B./Purchasing
YesD
Comments:
OMB Form Revised 2/27/01 MCP #2
LEASE AGREEMENT
FOR TEMPORARY EMPLOYEE HOUSlliG
This Agreement is made and entered into between MONROE COUNTY, a political subdivision
of the State of Florida ("COUNTY"), whose address is 1I00 Simonton Street, Key West, FL
33040, and . an employee of COUNTY, whose address is
(" SUB-LESSEE").
WITNESSETH:
WHEREAS, the 2005 Florida Hurricane Wilma Disaster destroyed many homes and has
displaced many essential employees of the County from their homes; and
WHEREAS, COUNTY has arranged to lease travel trailers ("VEffiCLE"). from Lazydays RV
Center to provide temporary housing for those employees whose homes were damaged in
Hurricane Wilma; and
WHEREAS, SUB-LESSEE is an employee of the County and was displaced from his/her home
by Hurricane Wilma; and
WHEREAS, COUNTY agrees to sublease the vehicle to SUB-LESSEE and SUB-LESSEE agrees
to sublease the vehicle from COUNTY;
NOW, THEREFORE, the parties agree as follows:
1. VEmCLE. The vehicle identification number is
2. EFFECTIVE DATE AND TERM. The Agreement is effective upon the date of the
execution by all parties, The term of this agreement shall begin on the date SUB-LESSEE signs
this agreement or upon delivery of the vehicle whichever occurs frrst. The term of this agreement
is at the will of COUNTY, and shaH terminate at the latest on May 16,2006, The SUB-LESSEE
shall be given 14 days notice if COUNTY terminates the lease prior to May 16, 2006.
3. USE AND CONDmONS. The vehicle shall be used solely for the purpose of
temporary housing, If the vehicle is used for any other purpose, COUNTY shall have the option
of immediately terminating this Agreement. SUB-LESSEE agrees and acknowledges that the
owner of the vehicle will charge COUNTY for various items if damaged, lost, or used beyond
normal wear and tear. SUB-LESSEE acknowledges that it is hislher responsibility to take care of
the vehicle and that any charges to COUNTY shall be passed on to SUB-LESSEE and SUB-
LESSEE agrees to repay COUNTY for these charges. Therefore SUB-LESSEE agrees to the
following conditions:
a. SUB-LESSEE shalJ use and occupy said vehicle in a careful and proper manner,
and not commit any waste thereon and will return the vehicle in the same
condition as it was received.
b. SUB-LESSEE shall not cause. or allow to be caused, any nuisance or
objectionable activity of any nature in the vehicle. Any activities in any way
involving hazardous materials or substances of any kind whatsoever, either as
those terms are defined under any state or federal laws or regulations or as those
terms are understood in common usage, are specifically prohibited.
c. SUB-LESSEE shall not use or occupy said premises for any unlawful purpose
and will conform to and obey any present or future ordinances and/or rules,
regulations, requirements and orders of governmental authorities or agencies
respecting the use and occupation of said vehicle.
d. SUB-LESSEE shall not:
1. Move the vehicle.
1. Sublet the vehicle in whole or in part to anyone.
n. Operate the vehicle in violation of any federal, state, provincial,
or local laws and rules, regulations or ordinances.
iiL Use the vehicle for any illegal purpose or carry explosives or
other hazardous materials or waste.
IV. Occupy the vehicle in a reckless or abusive meaner which causes
damage to the interior or exterior of the vehicle.
v. Allow placement of objects or persons, for any reason or
purpose, on the roof of the vehicle.
VI. Allow placement of signs, lettering, painting or other legend or
loudspeakers or other sound equipment on the vehicle.
vii. Modify or disassemble or change vehicle in any way including,
but not limited to, adding optional equipment.
viiLRemove any appliance or component from the vehicle.
ix. SMOKE in the vehicle. FAILURE TO COMPLY WITH TIllS
PROVISION WILL RESULT IN A $40.00 CLEANING
CHARGE to COUNTY which will he passed on to the SUB-
LESSEE for reimbursement.
e. The vehicle is equipped with holding tanks for waste water; SUB-LESSEE is
required to drain the tanks on a regular basis. SUB-LESSEE will be provided
with a sewer hose to empty those tanks. The tanks must he emptied prior to
returning the vehicle to avoid a dump charge. Failure to dump the waste water or
to abide by the operating procedures may result in damage to the vehicle, any
charge to the COUNTY for the SUB-LESSEE'S violation of the rules win be
passed on to the SUB-LESSEE for reimbursement. The dump charge may be up
to $250.00.
f. SUB-LESSEE will be responsible for refilling the two propane tanks provided
and for the safe operation, connection, and use of the tanks.
g. SUB-LESSEE will be responsible for return of all manuals and remote controls.
If COUNTY is charged because SUB-LESSEEE did not return the complete lot
pack, and its contents and manuals, the charge will he passed on to SUB-
LESSEE, the charge may be as much as $500.00. Failure to return a remote
control may constitute a charge of as much as $100.00; if COUNTY is charged
the charge will be passed on to SUB-LESSEE.
h. The vehicle is equipped with an awning. THE AWNING MUST NOT BE
LEFT OUT IN WEATHER WHICH MAY DAMAGE IT INCLUDING,
BUT NOT LIMITED TO, WIND, HAIL, OR RAIN. SUB-LESSEE
will be responsible for any damage to the awning.
2
I. SUB-LESSEE will be responsible for mechanical damage due to
negligence in the vehicle operation or failure to provide normal
maintenance.
j. SUB-LESSEE will be responsible for making the vehicle available to
be removed at the end of the lease; if the vehicle is not available, and COUNTY
is charged a late fee the charge will be passed on to SUB-LESSEE.
If the COUNTY is charged with a cleaning charge the charge will be passed on
to SUB-LESSEE, the charge may be as much as $250.00.
k. SUBLESSEE may have a pet but agrees to clean up after the pet and
return the unit in the same condition as received; if COUNTY is charged with a
cleaning charge due to the pet, the charge will be passed on to SUB-LESSEE, the
charge may be as much as $250.00.
1. If SUB-LESSEE chooses to use a generator, an extra charge will accrue at
$3.00 per hour as determined by the installed running time meter, if
COUNTY is charged for this use the charge will be passed on to the SUB-
LESSEE.
m. SUB-LESSEEE shall immediately vacate the vehicle if SUB-LESSEEE, for any
reason regardless offault, is no longer employed by COUNTY.
4. REIMBURSEMENT FOR CHARGES. Charges, of any nature whatsoever, assessed
against the COUNTY by Lazydays RV Center will be passed on to the SUB-LESSEE. The
SUBLEASEE hereby agrees that if any charges are assessed to the COUNTY due to the SUB-
LESSEE"S use of the vehicle, the charges will be passed on to SUB-LESSEE and will be paid by
SUB-LESSEE.
5. INFORMATION REOUIRED BY FEMA. SUB-LESSEE will fin out in full the
attached Exhibit "A". TIllS FORM IS REQUIRED BY FEMA, F AlLURE TO COMPLETE IT
MAKES THE SUB-LESS INELIGffiLE TO RECEIVE A TRAILER.
6. INSURANCE AND HOLD HARMLESS. SUB-LESSEE shall provide insumnce for
SUB-LESSEE'S personal property. The SUB-LESSEE agrees to indemnify and hold harmless
COUNTY, it's commissioners, officers, employees, agents, servants, and volunteers from any
and all claims for bodily injury (including death), personal injury, and property damage and any
other losses, damages, and expenses, including attorney's fees and costs which arise out of, or in
connection with the use of the vehicle or services provided by COUNTY, occasioned by the
negligence, errors, or other wrongful act or omission of County or its employees, agents, or
servants
7. ALTERATIONS. No altemtions of any kind, and no structure or improvements of any
kind shall be made or added to the vehicle. Any altemtions, structures, improvements shall be
removed immediately by SUB-LESSEE at SUB-LESSEE'S own cost and expense and any
damage caused by the alterations, structures, and/or improvements shall be paid for by SUB-
LESSEE.
8. SET UP. The vehicle will be set up on the site by Lazydays RV Center. It is the
responsibility of SUB-LESSEE to clear the area where the vehicle is located. Lazydays will
supply SUB-LESSEE with 150 feet of water hose; any supplemental hose, attachments pumps or
3
other equipment are the responsibility of SUB-LESSEE, not the county or Lazydays RV Center,
and any related costs will be either paid directly by SUB-LESSEE or reimbursed by SUB-
LESSEE. Lazydays will supply SUB-LESSEE with a 30-amp 120-volt receptacle box
recommended for hook up to an electrical outlet. SUB-LESSEE will not use any other receptacle
box other than the one recommended and will be liable to COUNTY and/or Lazydays RV Center
if any damaged results from use of any other receptacle box or electric device.
9. ASSIGNMENT. SUB-LESSEE shall not assign, sublet, or subcontract this agreement or
any part of this agreement.
10. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of
Florida. Venue for any dispute arising under this Agreement must be in Monroe County, Florida,
11. SOVEREIGN IMMUNITY. Nothing in this Agreement shaH be construed as a waiver of
any sovereign immunity by COUNTY.
12. SEVERABILITY. COUNTY and SUB-LESSEE agree that if any paragraphs or provisions
of the Agreement is for any reason unenforceable, the remainder of the Agreement will be valid.
13. NOTICE. Any notice under this Agreement shall be by Certified Mail in writing. Notice to
the COUNTY shall be made to Mr. Tom Willi, County Administrator, and 1100 Simonton Street,
Key West, FL 33040. Notice to SUB-LESSEE shall be made to the address listed above.
14. SECTION HEADINGS. Section headings have been inserted. in this Agreement as a matter
of convenience for reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
IN .WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in Three (3) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOHLAGE, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
DATE:
(SEAL)
Attest:
By:
SUB-LESSEE Signature
By:
WITNESS
SUB~LESSEE Print Name
WITNESS Print Name
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MONROE COUNTY ATTORNEY
AP ROVED A~OaM:
NA IlEENE W, CASSEL
ASSISTANT COUNTY ATTORNEY
Oats II - .,;.;; . or
DATE:
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
Temporary Housin2 ReQuired Information
Hurricane WILMA
FEMA Registration Number
Employee Name
Name of the Head of your Household
Number of members in your household
Employee Branch (Circle one) (BOCe. Sheriff, Tax CoIl, Prop Appraiser. Clerk of
Court. Supv of Elections)
Home Phone Number (phone number before Wilma)
Current Phone Number
(Where you can now be reached other than work number)
Home Address (Address of damaged home)
Do you rent or own the damaged home?
Address of Temporary housing
(Where will the temporary housing unit be placed if not at your pre.wilma address)
What is your monthly Mortgage/Rent? (Pre- Wilma)
Renters:
Name & Address of Landlord?
Phone Number of Landlord
EXHIBIT "A"
PAGE I
When does the lease end on your pre-Wilma housing?
Have repairs started on your pre. Wilma dwelling?
(Month AND year)
Do you expect that you will require the temporary housing unit for more than 6 months?
(yes or no).
How many months do you think you will need the temporary housing?
Owners:
Do you have homeo\\'ners insurance?
expenses?
Does it cover additional living
Have repairs started on your home?
more than 30 days?_
Do you expect your homes repairs to take
Do you expect that you will require the temporary housing unit for more than 6
months?
Applicant Signature:
Print Applicant's Name
Date:
EXHIBIT" A"
Page 2