Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15. 2007
Division:
Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact Person: John W. King
AGENDA ITEM WORDING: Approval to enter into a one-year residential lease agreement with
to continue residing in th
ITEM BACKGROUND: __ 'l,'as first recommended by the Sheriffs office to lease
th--' last year. That lease is now terminating and the Sheriff s office has again
recommended him for another lease.
PREVIOUS RELEVANT BOCC ACTION: On July 19,2006, the BOCC approved a one-year
leasevv_
CONTRACT/AGREEMENT CHANGES: New Residential Lease
STAFF RECOMMENDATIONS: Approval
TOTAL COST
$
N/A
BUDGETED: Yes
No
COST TO COUNTY: $ N/A
SOURCE OF FUNDS:
Revenue
REVENUE PRODUCING: Yes -1L No
S'
APPROVED BY: County Atty. ~
AMOUNT PER MONTH $402.00 Year $4.824.00
~UIChasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MEMORANDUM
DATE:
July 23, 2007
4., ..~, ~<~,~~ ..
TO: Dent Pierce, Division Director
Public Works
FROM: . .. John W. King, Sr. Director
.L~~~~~ 'l>pernno. .'" .' .....J
RE:
...
I hereby request to enter into a one-years residential lease agreement with
reside in th
to
JWK/jbw
,
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Deputy Contract #_
Effective Date: August 2, 2007
Expiration Date: July 31, 2007
Contract PurposelDescription: Residential lease with Law Enforcement Officer for
Contract Manager: Jo B. Walters
(Name)
4549
(Ext. )
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meetin on
08/15/08
A enda Deadline: 07/31/07
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ 4,824.00
Budgeted? Yes X No 0 Account Codes:
Grant: $ NIA
County Match: $ NI A
Current Year Portion: $ 804.00
-
--
- - - -
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- - - -
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- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ ~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
9.~! t~e ~ ~ I) YeNSOeedNeod IV L~ReViewer
Division Director ~ r f lJ,iJ V
Risk Manad1me;{, 't .(:/:0 J YesD Nd 1:D, - . . iL
. .B./Purc~\g YesONoEj' ~ ~
CountyAttomey i#tJo'l YesDNol29 r~~il/b( ~-8-0""
Comments: .~ ~ ~ ~~i~
C~ 1d:'::: (~~. Ad:
OMB Form Revised 2/27/0 I MCP #2
RESIDENTIAL LEASE
WITH LAW ENFORCEMENT OFFICER
This Agreement is made and entered into by the parties, MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040, ("County"), and a Law Enforcement Officer(s)
of the Monroe County Sheriffs Office, ("Officer").
WITNESSETH:
WHEREAS, the County owns a residential premises ("premises") situated on the
second floor of Operations Building, commonly known as ocated on _
_ unrecorded subdivision o~, Monroe County, Florida,
and;
WHEREAS, the County believes the presence of a law enforcement officer
residing at the premises described in this agreement would deter vandalism and theft at
the premises, and;
WHEREAS, the Officer desires to provide the law enforcement protection
required under this agreement and further desires to reside on the premises, and;
WHEREAS, the County has decided that at the present time it is in the County's
best interest to enter into a lease with the Officer(s) to provide the deterrence described;
Now, therefore, the parties agree as follows:
PROPERTY. COUll ases to the Officer the premises, which is situated on the
commonly known as ~ocated on"
, an unrecorded subdivision o~ Monroe County, Florida.
2. TERM. The term of this agreement is one year commencing on AUGUST 2,
2007 and running through AUGUST 1, 2008. There is no automatic renewal of this
agreement. In the event that the Officer does not vacate the premises and surrender them
to the County upon termination of the Agreement, Officer will be liable for rent at a rate
of $20.00 (Twenty Dollars) per square foot per month prorated for the time he/she
continues to occupy the property, as well as County's expenses and reasonable attorney
fees in obtaining possession of the property.
3. USE. The premises and shall be used solely for the purpose of a residential
premise. If the premises are used for any other purpose, the County shall have the option
of immediately terminating this agreement. The Officer shall not permit any use of the
premises in any manner that would obstruct or interfere with any County function our
duties.
The Officer will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. The Officer shall not cause, or allowed to be
caused, any nuisance or objectionable activity of any nature on the premises. The Officer
will not use or occupy said premises for any unlawful purpose and will, at the Officer's
sole cost and expense, 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 premises. The Officer acknowledges that if he or she
ceases to be employed as a law enforcement Officer during the term of the lease, for any
, .
reason whatsoever, the lease is teiminated. '
Officer covenants and agrees that he will during the term of the Lease keep the
premises in a good state of repair and in the current condition, and that upon the
expiration of the lease he or she will return the premises to the same good state of repair
as when he or she moved into the premises.
The Officer agrees that only his or her immediate family or an approved non-law
enforcement roommate shall occupy the premises. ,
The Officer agrees to clean the premises at the end of the lease and to return it to
the same condition that it was in when the Officer accepted the house. The Officer
agrees to pay any fees that the County incurs to clean the premises if necessary after the
officer vacates the premises.
4. RENT AND SECURITY DEPOSIT. For the use of the premises, the Officer
shall pay the County rent of Four Hundred and Two Dollars ($402.00) per month, said
payment due on the first day of the month. The Officer shall pay a security deposit in the
amount equal to one months rent to the County prior to occupancy. The monthly payment
shall be remitted to the Monroe County Clerk of Courts, Finance Department, 500
Whitehead Street, Key West, FL 33040.
5. UTILITIES. The Officer shall pay for the utilities including water, sewer/septic,
electricity and solid waste collection. The cost of connections for the above described
~.utilities shallbe at the expense of the County. ,
The Officer shall arrange for and provide residential electric service, telephone
service, and cable television service, at his or her own expense. The cost of connections
for residential telephone service and cable television service shall be paid for by the
Officer.
6. CONDITIONS. The Officer further agrees that, during the term of this
agreement, the Officer is and will remain:
a) Certified as a regular, fulltime law enforcement Officer by the Florida
Criminal Justice Standards and Training Commission;
b) a Deputy employed by the Monroe County Sheriff's office and empowered
to make arrests under the laws of the State of Florida;
c) he or she will not sub-lease the premises nor assign any obligation, benefit
or duty created under this Agreement, without written consent of the
County.
d) he/she shall have a letter of permission from his/her Agency Head
permitting Officer to execute Agreement which shall be attached to this Agreement as
Exhibit "A".
7. DUTIES AND REPORTING. The Officer shall, at least twice each 24 hour
period, conduct an inspection and walk through of the property, and shall check for any
signs of theft, vandalism, and shall question, and if necessary remove, any unauthorized
or suspicious persons found on site.
The Officer shall also note in writing any damage, safety hazards, civil or
criminal activity observed during his or her inspection and shall inform the Division
. Director of the County's Public Works Department of any such hazards in writing within
2 days or immediately if the inspection reveals a criminal act, or possible danger to a
member of the public.
In addition to the above, a regular report on the inspections shall be forwarded to
the Officer's superior and to the Division Director of Monroe County Public Works on
the last day of each month or within 5 days thereof. The report shall contain the date and
time of the inspection, what the inspection found, whether a citation or arrest report, or
Notice to Appear or any other instrument was issued, a copy of any document issued
shall be attached to the report, a notation as to the action taken by the Officer, and when
remedied a notation of what was done.
8. TERMINATION BY COUNTY. This Agreement may be terminated before the
expiration of a one year term, with or without cause and in the sole discretion the County,
upon
a) 60 days written notice by the County to the Officer,
b) 30 days written notice by the County to the Officer when;
i) The Officer has left the employee of the Monroe County Sheriff s
Office;
ii) The Officer is no longer certified as required by this agreement;
iii) The Officer fails to timely pay the County the amount described
am this Agreement or fails to obtain or to keep telephone service as
required under this Agreement;
iv) The Officer fails to conduct the walk around inspections required
by this Agreement or fails to inform Monroe County Public Works
of any observed safety hazards as required under this Agreement;
v) The Officer leases the premises are assigns any interest without the
required consent under this agreement;
c) 15 days notice by the County to the Officer in an emergency situation.
9. TERMINATION BY OFFICER. The Officer may terminate this Agreement
upon 30 days written notice to the County if he or she transferred to a substation whose
location would make it impractical to continue to reside at the residence or if the Officer
leaves the employ of the share of the Monroe County Sheriff's Office; or upon 15 days
notice by the Officer to the County in an emergency situation.
10. INSURANCE AND HOLD HARMLESS. The Officer agrees to carry $10,000
(Ten Thousand Dollars) in personal liability coverage on the premises and shall provide
evidence thereof by Certificate of Insurance. Officer will notify County upon receipt of
any notice of reduction or termination of such insurance, and shall immediately obtain
replacement insurance.
The Officer agrees to indemnify and hold harmless the Monroe County Board of
County Commissioners from any and all claims for bodily injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, or in connection with or by
reason of the Officer utilizing property governed by this Agreement, except for such
claims as may occur due to the Officer's performance of duties under section 8 of this
Agreement.
11. DAMAGE TO ANIMALS OR PLANTS BY PET(S). The Officer shall have
sole responsibility for any damage, harm., nuisance, claim or other liability which arises
as result of the Officer(s) keeping pets are other animals on the premises, including the
parking area upon which the rental premises is situated. This provision especially applies
to the taking of endangered or threatened species of animals as a result of the action of
the Officer's pet(s). Officer shall maintain proper restraint safeguards to ensure against
takings and shall be solely liable for takings which occur; regardless of the degree of care
the Officer has exercised to prevent any takings. Any repairs shall be paid for by the
deputy within thirty (30) days of being given notice by the County of the cost of the
damages.
12. ALTERATIONS AND/OR MODIFICATIONS. If Officer wishes to make
any modifications or alterations to the premises he/she must first make the request in
writing to the County, and receive written permission from the Division Director of
Monroe County Public Works prior to making any alterations and/or modifications.
13. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
For the County:
Dent Pierce
Division Director
Public Works
1100 Simonton Street
Key West, FL
Telephone: 305-292-4560
Address
jty, State Zip
----
Telephone
14. ATTACHMENTS. The following documents are required to be attached to this
Agreement:
a) EXHIBIT A: Letter from Officer's Agency Head permitting Officer to
execute Agreement.
b) EXHIBIT B: Certificate of Liability Insurance
c) EXHIBIT C: Copy of Officer's ClATC Certificate
This Agreement shall not be effective until signing by all parties and by attaching all
fully completed Exhibits to the Agreement. .
15. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD: It is
specifically agreed that the Officer is not an agent or employee of the Board of County
Commissioners; that the Officer agrees that he/she is not entitled to worker's
compensation coverage, unemployment compensation, health or life insurance,
retirement benefits, or social security benefits because of this Agreement; and that any
acts performed under this Agreement by the Officer are strictly in his/her capacity and
under his/her authority as a law enforcement Officer. This provision is not meant to limit
the Officer's authority to make arrests, investigate alleged or actual crimes, or to enforce
the state laws, and County Ordinances.
16. WHOLE CONTRACT AND WAIVER. This Agreement is the whole
Agreement between the parties, and' no prior or contemporaneous oral of written
communications are part of the Agreement. If the County waives any breach of the
contract, that waiver shall not waive the covenant or conditions breached not any later
breach of any or part of the contract.
17. MODIFICATIONS. If the Officer wishes to make any modifications or
alterations to the premises, he/she must first make the request in writing to the County,
and receive permission from the Division Director of Public W orIes prior to making any
alterations.
18. GOVERNING LA WSNENUE. This Agreement shall be governed by the
laws of the State of Florida and the United States. Venue for any dispute arising under
this agreement must be in Monroe County, Florida. The County and Officer specifically
agree that neither the provisions of Chapter 733, Florida Statutes (Mobile Home Park Lot
Tenancies) nor the provisions of Chapter 513, Mobile Home and Recreational Vehicle
Parks) are to be applied as governing this Agreement or use as constructing provisions of
this Agreement.
19. MEDIATION. The parties agree to mediate any disputes under this agreement,
and further agree that they will not arbitrate any disputes.
20. SEVERABILITY. If any term or provision of this Agreement shall to any
extent be held invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each remaining term and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of
the date first written above.
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
Deputy/Clerk
By:
Mayor Mario Di Gennaro
~aA.
Signature
::r 0 13 U) fU...:rdl-S
Print Name
WITNESS for DEPUTY:
Print Name
WITNESS for DEPUTY:
7)a~~7~
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P . tName
MONROE COUNTY ATTORNEY
APPROVED AS J.~ lj~;J
~. HALL
ASSIS ANT COUNTY ATTORNEY
Date O&-- O~- ~OOt
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Monroe County SlieriffJs Offia
2?jchara 'lJ.1?plh, Sheriff
5525 Co&ge :Rpaa
'l(~y West, ;/Yoriaa J304()
r-~OS) 292-7(}()() :W: (305) 292-7070 1-800-273-COPS
UJWW. K!-!fJ.so.lleL
July 20, 2007
Monroe County Public Facilities Maintenance
3583 South Roosevelt Boulevard
Key WeS4 Florida 33040
Attention: Jo B. Walters
1 recommend renewing the lease fo-
County house located at
. .
for the Monroe
I appreciate your assistance and please feel free to contact me if you have any
further questions at 745-3184.
Sincerely,
cy 0?~4~
Captain C~R. Scibilia
Commander, Sector One
-,
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EXHIBIT B
CERTIFICATE OF INSURANCE
REQUESTED
EXHIBIT C
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GOVERNOR
d'~
T. MOORE, COMMISSIONER
A DEPARTMENT OF
LAW ENFORCEMENT
J
STATE OF FLORIDA
THE..COMMISSION ON
CRIMlNAL:JUS:rICE STANDARDS
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BASIC RECRU~~
CERTIFICA'l'E 'Pi'
LAW ENFO
740
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For having fulfilled the requirements for training
as prescnbed in Chapter 943
of Florida Statutes
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WllLIAM A. UQUORI.
CRIMINAL JUSTICE ANDARDS
AND lRAINING COMMISSION
A LEONI.OWRY n. DJRECTOR
DMSION OF CRIMINAL RJSTICE
STANDARDS AND TRAINING
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