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Item F23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 18, 2014 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, 2014 and terminate November 30, 2015. ITEM BACKGROUND: The current lease for the residing Deputy terminates November 30, 2014. This Deputy has been residing in the residence since December 01, 2012. 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 No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: .................. REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $1 672.00 Year $20,064.00 APPROVED BY: County Att OMB/PurcPaS-i-ng_ Risk Management DOCUMEN,rATION: Inc ided __X_ Not Required_ DISPOSITION: AGENDA ITEM Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MC Sheriffs Deputy Contract#....„ITITITITIT _______. ........_......... .�. Effective Date: December 1, 2014 _.._. ._ ........_.. Expiration Date: November 30, 2015 Contract Purpose/Description: Residential lease with Law Enforcement Officer at Location B Contract Manager; Alice Steryou 4549_w Facilities Maint/S_top #4 (Name) (Ext.) mm(Department/Stop#) for BOCC meeting on 11/18/14 Agenda Deadline: 11/04/14 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: w 1i'l I195 Grant: $ N/A - - - - County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: ............................_.... .... _ (Not included in dollar value above) (e .maintenance,utilities,j.....an r itorial, salaries,etc.) CONTRACT REVIEW Changes Date Out �er Division Director �� � "ass No Reviewer tte tr cep c ..�,� Risk Management Yes No❑ O.M.R/Purchasing A�� . . -14 Yeso NoM _ _.. �� .� .. County Attorney esEl N Comments: OMB Form Revised 2/27/01 MCP#2 O k COUNTY C IC RICHARD A. RAMSAY, SHERIFF October 20, 2014 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 o mend renewing the lease for the Monroe County house to Detective which lis 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, Captain Don Hiller District Commander SS 1 1 C 'ROAD KEY 4 r . FL 33 _ , ., 'Om.... Y... . �. R.. � 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 11 0 Simonton Street, Key West, Florida 33040, ("County"), and a Law Enforcement Officcr(s) of the Monroe County Sheriff s Office, ("Officer"). WHEREAS, the C,ou onnises "`)r miscs" situated at cornmo my known as Monroe County, Florida 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; e Officer desires to provide the law enforcement protection required er this agreement d further desires to reside on the premises, ; WHEREAS, the County has decidedt at the present time it is in the o 's best interest to enter into a lease with theOfficer(s)to provide the deterrence described; Now, therefore,the parties agree as follows® Count le es to the Officer the prerniscs which is commonly knownas N/Io°trod County, Florida. 2. ILM. The term of this agreement is one year commencing on December 1, 2014 and running throughr 30, 2015. There is no automatic renewal of this agreement. n the event that the Officer does not vacate the premises and surrender e tote 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 proratedfor the timehe/she continues to occupy the property, as well as o ty"s expenses and reasonable attorney fees in obtaining possession of the property. 3. . The premises shall be used solely for the purpose of a residential re ise. if the premises are used for any other purpose, the County shall have the option of immediately terminating this agreement. e Officer shall not permit any use of the premises in any manner that would obstruct or interfere with any Courity function or duties. The Officer will further use and occupy said premises in a careful and proper manner, and of commit 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 o occupy said re ises for y 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 -I- enforcement Officer during the term of the lease, for any reason whatsoever, die lease is terminated. Officer covenants and agrees that he will during the to 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 orshe 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 DEPORT. Forte use of the premises, the Officer shall pay the County One Thousand Six Hundred Seventy-Two Dollars and no/1 00 ($1,672.00) per month,said payment due on the first day of the month. The Officer shall pay a security deposit in teamount equal to one months rent to the County prior to occupancy. The monthly payment shall be remitted tote 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, se'wer/septic, electricity and solid waste collection. The cost of connections for the above described utilities shall be at the expense oft e County, The Officer all arrange fora 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 71 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 or 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 tothis Agreement as Exhibit "A". 7. DUTIES AND REPORTING. TheOfficer 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 wri!Un, within 2 days or immediately if the inspection reveals a crim final act, or possible danger to a member of the public. In addition tote above, a regular report on the inspections shall be forwarded to the Officer's superior and tote Division Director of Monroe County Public Works on the last day of each on 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 attache o the report, a notation as tothe 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 of the County, upon a) 60 days written notice by the County tote Officer, b) 30 days written notice by the County to the Officer when; i) 'The Officer has left teemployee 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. TERMINATIQN-ly_QFFICER, The Officer may terminate this Agreement upon 30 days written notice tote 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 teemploy of the Monroe County Sheriffs Office; or upon 15 days notice by the Officer tote County in an emergency situation. 10. INSURANCE AND HOLD HARMLESS, ne Officer agrees to carry $10,000 (Ten Thousa 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 govierried by this Agreement, except for such claims as may occur due to the Officer's performance of duties under section 7 oft is Agreement. .3 11. DAM ANI RANAU-19LA LMNAALLLQR21ANTS BY EETISL. 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 is 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. A, ATIONI, ID/Olk MODIFICATIONS. If the Officer wishes to make any modifications or alterations tote premises he/she must first make the request in writing tothe County, and receive written permission from the Division Director of Monroe County Public Works prior to making any alterations and/or modifications. 13. NQjJCE. 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 Si ui tyL of Officer 1100 Simonton Street Room 2-231 Print Name Key West, FL Telephone: 305-292-4560 Address Telephone 14. The following documents are required to be attached to this Agreement.- a) EXHIBIT A: Letter from Officer's Agency Head pennitting 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 oremployee 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 beca use of this Agreement; and that any acts performed under this Agreement byte 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, hie/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 LAWSNENUE. This Agreement shall be governed by the laws of the State of F-liorida 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. SEVE,RABILITV. If any term or provision of this Agreement shall to any extent be held invalid or unenforccablie, 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: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA BT-- ......................................---......................... By,"- Deputy/Clerk Mayor wrrNESSES for DEPUTY: DEPUTY: Signature Deputy Signature ........................ Print Name Print Name Signature W. 17,W1 EY C joh All, XA ........... Print' N Naa me.. .......-