Item G15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 20, 2013
Division:
Public Works
Bulk Item: Yes
x No _
Department:
Facilities Maintenance
Staff Contact: Dent Pierce /305 292 -4531
AGENDA ITEM WORDING: Approval to enter into a one - year's residential lease agreement with a
Sheriff s Deputy for Location B to commence December 01, 2013 and terminate November 30, 2014.
ITEM BACKGROUND: The current lease for the residing Deputy terminates November 30,
2013. The Monroe County Sheriff's Office has recommended this deputy to continue in Location B.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES: New Residential Lease
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes / X No _ AMOUNT PER MONTH $1672.00 Year $20,064.00
APPROVED BY: County Atty °q OM &/Purc g Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: M Sheriff s D ep u ty
Contract #
Date Out
Effective Date: December 1, 2013
D t n
�1 3
Expiration Date: November 30, 2014
Contract Purpose/Description:
Residential lease with Law Enforcement Officer at Location B
Risk Management
Yes❑ Nol
• �. (+?
Contract Manager: Alice Steryou
4549 Facilities Maint/Stop #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 11/20/13
Agenda Deadline: 11/05/13
CONTRACT COSTS/REVENUE
$1,672.00 Month
Total Dollar Value of Contract: $ 20,064.00 Current Year Portion: $ 16,720.00
Budgeted? Yes X No ❑ Account Codes: 001 01 - -
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
ities. iani
CONTRACT REVIEW
I Comments:
OMB Form Revised 2/27/01 MCP #2
Changes
Date Out
Division Director
D t n
�1 3
Needed fewer
Yes[:] No� 6 jy
s I
Risk Management
Yes❑ Nol
• �. (+?
O.M.B./Purchasing
! I -S -13
Yes[:] No®
( -�5
County Attorney
Yes[:] Nq5
1 < <J
I Comments:
OMB Form Revised 2/27/01 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 at Mariner's
Park, commonly known as
-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:
1. PROPERTY. County leases to the Officer the inremises which is n1v known as
located a
2. TERM. The term of this agreement is one year commencing on December 1, 2013 and
running through November 30, 2014. 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 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 or 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
terminated.
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 One Thousand Six Hundred Seventy -Two Dollars and no /100 ($1,672.00) 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
shall be 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.
-2-
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.
S. 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 of 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 in 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 or 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 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 7 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 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 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:
For the Officer:
Dent Pierce, Director Public Works
1100 Simonton Street
Room 2 -231
Key West, FL
Telephone: 305- 292 -4560
Signature of Officer
Print Name
Address
Kev West, Florida 33040
City, State Zi
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 CJATC 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 or 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 nor 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 Works prior to making any alterations.
18. GOVERNING LAWS/VENUE. 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.
Attest: AMY HEAVILIN, CLERK
By:
Deputy /Clerk
WITNESSES for DEPUTY:
Signature
Print Name
Signature
Print Name
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
DEPUTY:
Deputy Signature
Print Name
t
�?.
MONROE COUNTY SHERIFFS OFf IC
RICHARD A. RNMSAY, SHERIFF
_ n
October 25, 2013
Monroe County Public Facilities Maintenance
Attention: Alice Steryou, Contract Monitor
Gato Building
1100 Simonton Street — Suite 2 -284
Key West, Florida 33040
Dear Ms. Steryou,
I recommend renewing the lease for the Monroe County house to
which is located at The house is commonly
known as the home at
I appreciate your assistance and please feel free to contact me if you have any further
questions at 745 -3184.
Sincerely,
4-
Captain Don Hiller
District Commander
5525 COLLEGE ROAD KEY WEST, FE 33040
_fir f- (3 0S)292 - 7001 4 •
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CRIMINAL JUSTICE
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For having fulfilled the requirements for gaining
as prescribed in Chapter 943
of Florida Statutes