Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2000
Division: Public Works
Bulk Item: Yes: XXX No:
Department: Facilities Maintenance
Agenda Item Wording:
Approval to renew the lease agreement with Deputy Jan Smiarowski of the Monroe
County Sheriff Department to reside in the modular home located at Bernstein Park, for
~n amount of rent and utilities totaling $400.00 per month, and authorization for Mayor to
execute lease agreement for same.
Item Background:
On March 14,2000, the lease agreement with Deputy Smiarowski will expire. He is
currently paying a total of $400.00 per month. ($204.06 for rent and $195.94 for water,
sewer/septic, electricity and solid waste.)
Previous Relevant BOCC Action:
On March 10, 1999, the Board authorized the Mayor to execute lease agreement with
Deputy Smiarowski to reside in the modular home located at Bernstein Park, for an
amount of $400.00 per month, which included rent & utilities.
Staff Recommendation:
Approval as stated above.
Total Cost: $0.00
Cost To County: $0.00
Budgeted: Yes: N/A No: N/A
Cost Center:
Revenue Producing: Yes: XX No _ Amount per Month: $400.00 Year: $4800.00
App'roved By: County Atty: XX
OMB/Purchasing:XX Risk Mgmt: XX
Item Prepared By:
/. /tIO
os Zarate, 0 reclor of F~lies M~inlenan,ce. )
~~ 0/4> 00
Dent Pierce, Director of Public Works (
Division Director Approval:
Documentation: Included~
Disposition:
To Follow:
Not Required:
Agenda Item #: l,a5
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Lea~ Contract #
Contract with:Deputy Jan Smiarowski Effective Date:March 15,2000
Lease Expiration Date: March 14,2001
bontraot Purpose/Description:Renew Lease Agreement with Deputy Jan Smiarowski ofthe
Monroe County Sheriff Department, to lease the modular home located at Bernstein Park.
Contract Manager:Lisa Monsalvatge
(Name)
4385
(Ext. )
Uninc. Parks & Beaches
(Department)
for BOCC meeting on February 16,2000
Agenda Deadline: February 2, 2000
-=Revenue. -:Prod OOI""Q CONTRACT COSTS
T uLal Dullar ~v' a1UI;; u[ Cort'tract: $4,800.00 Current Year Portion: $
Budgeted?YesD NoD Account Codes: ____
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes
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Date Out
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Division Director
Risk Management
~~1PurchaSing
Comments:
OMB Form Revised 9/11/95 MCP #2
RESIDENTIAL LEASE FOR LAW ENFORCEMENT OFFICER
This lease agreement is made this 16th day of February 2000 by and between Monroe County,
a political subdivision of the State of Florida, hereafter County, and Deputy Jan Smiarowski, an
officer of the Monroe County Sheriffs Department, hereafter Tenant.
WIT N E SSE T H:
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;
WHEREAS, the County has decided that at present time it is in the County's best interest to
lease the premises to the Tenant to provide the deterrence described; and
WHEREAS, the Tenant desires to reside on the premises and provide such deterrent, now,
therefore, that parties agree as follows:
1. The County leases the modular home located on Bernstein Park, hereafter
premises, to the Tenant for the sole use as a residence by the Tenant and hislher immediate
family or roommate. The term of this lease shall be one year commencing on March 15, 2000
and terminating on March 14,2001.
2. The County agrees to provide Tenant with water, sewer/septic, electricity, and
, solid waste collection service. The Tenant shall reimburse the County for said service at a rate of
$195.94 per month payable in advance on the first business day of each month to the Monroe
County Clerk of the Courts, Finance Department, 500 Whitehead Street, Key West, Florida
33040. The Tenant agrees to pay rent in the amount of $204.06 per month payable in advance on
the first business day of each month to the Monroe County Clerk of the Courts, Finance
Department, 500 Whitehead Street, Key West, Florida 33040. The Tenant shall arrange for and
provide residential telephone service at his own expense. If the Tenant desires cable television
service, he shall arrange for and provide that service at his own expense.
3. The Tenant further agrees that, during the term of this lease, the Tenant is, and
will remain:
a) certified as a regular, full time 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.
4. The Tenant may not sublease the premises nor assign any obligation, benefit or
duty created under this agreement, without the written consent of the County.
5. The Tenant shall, at least once each night, conduct an inspection walk at
Bernstein Park and check for any signs of theft or vandalism and question, and if necessary
remove, any unauthorized or suspicious persons found on site. The Tenant shall also note any
safety hazard(s) observed during hislher inspection and inform a supervisory employee of the
County's Public Works Department of any such hazards as soon as possible.
6. This agreement may be terminated before the expiration of the 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 Tenant;
b) 30 days written notice by the County to the Tenant when:
i) the Tenant has left employ of the Monroe County Sheriffs
office;
ii) the Tenant is no longer certified as required by Section 3;
iii) the Tenant fails to timely pay the County the amount described
in Section 2 or fails to obtain or keep telephone service as required by Section 2;
iv) the Tenant fails to conduct the walk around inspections required
, by Section 5 or fails to infornl the County Public Works Department of any observed safety
hazard(s) as required by Section 5;
v) the Tenant subleases the premises or assigns any interest under
this lease without the consent required by Section 4;
c) 15 days notice by the County to the Tenant in an emergency situation.
The waiver by the County of any act, event, occurrence or omission which would entitle
the County to terminate this agreement shall not affect the right of the County to demand strict
performance of the terms of this agreement with respect to any subsequent act, event, occurrence
or omission, constituting a breach, default or nonperformance by the Tenant.
The Tenant may terminate this lease upon 30 days written notice to the County if he/she
is transferred to a substation whose location would make it impracticable to continue to reside at
the premises or if the Tenant leaves the employ of the Monroe County Sheriffs office.
7. The Tenant covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissi~rs 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, in connection with or by reason of the
Tenant utilizing property governed by this lease/rental agreement; except for such claims as may
occur due to the Tenant's performing duties pursuant to Section 5 of this lease agreement.
8. The parties agree that this written agreement sets forth the entire agreement
between the parties and that there are no terms or understandings other than those stated herein.
None of the terms, provisions, and conditions contained in this agreement may be added to,
modified, superseded or otherwise altered, except by a written amendment executed by the
parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first
written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
Jan Smiarowski