Item C11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18. 2003
Division:
Public Works
Bulk Item: Yes -L
No
Department: Facilities Maintenance~ . h.-
AGENDA ITEM WORDING: Approval to renew Residential Lease for Law Enforcement Officer
with Trooper Diego A. Rios, on a month-to-month basis, and approval for the Sheriff to appoint a new
, Law Enforcement Officer upon termination of the lease.
ITEM BACKGROUND: On June 30, 2003, the current Residential Lease for Law Enforcement
Officer, Trooper Diego A. Rios, Key Largo Community Park, will expire. Trooper Rios has requested
to reside at the Key Largo Community Park on a month-to-month basis, but no later than October 30,
2003, until his new residence becomes available.
PREVIOUS RELEVANT BOCC ACTION: On June 20,2001, the Board approved a Residential
Lease with Trooper Diego A. Rios. At the June 19,2002 meeting, the Board approved to renew the
Residential Lease with Trooper Diego A. Rios to continue residing in Y2 of the duplex located at the
Key Largo Community Park for an amount of$229.06 for rent and $195.94 for water, sewer/septic,
electricity and solid waste, for a total of$425.00 per month.
CONTRACT/AGREEMENT CHANGES: To extend the Residential Lease Agreement on a month-
to-month basis until October 30,2003 for the same monthly rental amount of$425.00, and approval for
the Sheriff to appoint a new Law Enforcement Officer to reside at the Key Largo Community Park
upon termination of the lease.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
N/A
BUDGETED: Yes _No NA
COST TO COUNTY:
$0.00
SOURCE OF FUNDS: Revenue
REVENUE PRODUCING: Yes X- No
Year $5100.00
AMOUNT PER MONTH $425.00
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APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
~~
Dent Pierce
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # c::::::' /' /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Diego A. Rios Contract #
Effective Date: July 1, 2003
Expiration Date: October 30, 2003 .
Contract Purpose/Description:
Renewal of Residential Lease for Law Enforcement Officer to commence July 1,2003,
and continue on a month-to-month basis to extend no later than October 30, 2003.
Contract Manager: Miguel Carbonell 4385 Parks & Rec. Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on June 18, 2003 Agenda Deadline: June 3, 2003
CONTRACT COSTS
Total Dollar Value of Contract: $ Revenue
Budgeted? YesO No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/A
Current Year Portion: $ N/ A
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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
.!late In Needed
Division Director ~ t1 (~~ YesO NoO
Risk Management si;'/ D) YesO No[3- ...
o.M.B./Purchasing~'2-d10YesONo~ ~ fl
CountyAttomey 5/2zf()3YesONo~ ~
Date Out
Comments:
OMB Form Revised 2/27/ I
MAY 2 3 Z003
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CONTRACT AMENDMENT
May 5,2003
This Contract Amendment is made and entered into this 18th. day of June, 2003,
between the COUNTY OF MONROE and Diego A. Rios in order to amend the
agreement between the parties dated June 20, 2001, and as renewed on June 19, 2002,
copies incorporated hereto for reference, as follows:
1. Renewal of Residential Lease for Law Enforcement Officer to commence July 1,
2003, and continue on a month-to-month basis to extend no later than October 30,
2003.
2. In all other respects, the original agreement between the parties dated June 20,
2001and renewed on June 19,2002, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Diego A. Rios.
Witness
By:
Witness
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April 28, 2003
To: Monroe County Facilities and Maintenance
Attention: Miguel
From: Diego A. Rios
Subject: Renewal of Lease
Dear Sir,
I would respectfully request for my lease to be extended on a month to month basis until
October 30,2003. I bought a town house in Homestead and they are building it right
now, The closing date on the town home is in between August and October 2003.
I appreciate your cooperation in this matter.
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Diego A. Rios
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RESIDENTIAL LEASE FOR LAW ENFORCEMENT OFFICER
This lease agreement is made this 19 day of June, 2002 by and between Monroe County, a
political subdivision of the State of Florida, hereafter Countyt and Trooper Diego Rios, an officer
of the Florida Highway Patrol, hereafter Tenant,
WITNES SETH:
: WHEREAs, the County believes the presence of a law enforcement officer residing at the
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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:
I. The County leases one unit within the duplex facility located at the Key Largo
Community Park, more particularly described as Lots 326 & 327, Port Largo 4th
Addition, RE #00453474-000326, hereafter premises, to the Tenant for the sole
use as a residence by the Tenant and his/her immediate family or roommate. The
term of this lease shall commence on July 1, 2000 and tenninate in June 30,2003.
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 $229.06 per month payable in advance on the first business day
of each month to the Monroe County Clerk of the Courts, Finance Department,
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500 Whitehead Street, Key West, Florida 33040. The Tenant shall arrange for
and provide residential telephone service at his own expense. Tfthe 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:
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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 Florida Highway Patrol 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 T enant shal~ at least once each night, conduct an inspection walk of the Key
Largo Community 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 hazards observed during his/her
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 Florida Highway Patrol;
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 inform 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) ] 5 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.
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The Tenant may terminate this lease upon 30 days written notice to the County ifhe/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 Florida Highway Patrol.
7. The Tenant covenants and agrees to indemnify and hold harmless 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, 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 been executed this agreement as of the date
frrs.t.written above.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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ooper Di 0 Rios
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Witness
DATE