Item C21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15.2003
Division:
Public Works
-:3)R-
Bulk Item: Yes -X- No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew the Security Agreement with Deputy David
Johnson to continue residing at the Mariner's Resort Park in Big Pine Key, Florida, for the same
amount of rent and utilities totaling $425.00 per month.
ITEM BACKGROUND: On August 31, 2003, the Security Agreement with Deputy David Johnson
will expire. He is currently paying a total of $425.00 ($229.06 for rent and $195.94 for water,
septic/sewer, electricity and solid waste) per month.
PREVIOUS RELEVANT BOCC ACTION: At the July 17,2002 meeting, the Board approved to
enter into a Security Agreement with a Law Enforcement Officer appointed by the Monroe County
Sheriff.
CONTRACT/AGREEMENT CHANGES: To renew Security Agreement for one (1) additional Year,
commencing on September 1, 2003, and terminating on August 31, 2004.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS: Revenue-producing
REVENUE PRODUCING: Yes 1L- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMBIPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
i)~ P~~&e
Dent Pierce, Public orks
DOCUMENTATION:
Included
x
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM ~/
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dep. David Johnson Contract #
Effective Date: September 1, 2003
Expiration Date: August 31, 2004
Contract Purpose/Description:
Renewal of Security Agreement with Deputy David Johnson to continue residing at
Mariners Resort Park, Big Pine Kev, Florida.
Contract Manager: Miguel Carbonell 4385 Facilities Maint. #4
5."- (Name) (Ext. ) (Department/Stop #)
for BOCC meeting on July 15,2003 Agenda Deadline: June 30, 2003
CONTRACT COSTS
Total Dollar Value of Contract: $ Revenue
producing
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitoria~ salaries, etc:)
CONTRACT REVIEW
Risk Management
Changes
Needed ,n . _-A- ~eviewer /J /)
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YesDNo[kV M~
O.M.B./Purcbasing ~rtLfr?; YesDNoB"~ tJ6~
County Attorney fo!.;t3/03 YesONo~ ~~
Date Out
Division Director
Date In
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Comments:
OMB Form Revised 2/27/01 MCP #2
ley: ~ --
Securitv Aereement with a Law Enforcement Officer
This Security Agreement is made this 15th. of July, 2003,by and between Monroe County,
a political subdivision of the State of Florida, hereafter County, and Deputy David Johnson, an
officer of the Monroe County Sheriff's Department, hereafter Officer.
WITNESSETH:
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 enter into a Security Agreement with the Officer to provide the deterrence described;
Now, therefore, the parties agree as follows:
1. The County agrees to enter into a Security Agreement for the provision of security
services in Mariners Resort Park, hereafter premises, in exchange for the use of the home located
thereon by the Officer and his/her immediate family or roommate. The term of this Security
Agreement commences on September 1, 2003,and ends on August 31, 2004.
2. The County agrees to provide Officer with water, sewer/septic, electricity, and
solid waste collection service. The Officer 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 Officer agrees to pay an additonal 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,
500 Whitehead Street, Key West, Florida 33040. This additional amount is deemed to be the
difference between the fair market rental of the residence and the value of the security services
being provided. The Officer shall arrange for and provide residential telephone service at his own
expense. If the Officer desires cable television service, he shall arrange for and provide that
service at his own expense.
3. The Officer further agrees that, during the term of this Security Agreement, the
Officer 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 Officer may not lease the premises nor assign any obligation, benefit or duty
created under this Security Agreement, without the written consent of the County.
5. The Officer shall, at least once each night, conduct an inspection walk at Mariners
Resort Park and check for any signs of theft or vandalism and question, and if necessary remove,
any authorized or suspicious persons found on site. The Officer 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 Security 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 Officer;
b) 30 days written notice by the County to the Officer when:
i) The Officer has left employ of the Monroe County Sheriff's office;
ii) The Officer is no longer certified as required by Section 3;
ill) The Officer 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 Officer 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 Officer leases the premises or assigns any interest under this
Security Agreement without the consent required by Section 4;
c) 15 days notice by the County to the Officer in an emergency situation.
The waiver by the County of any act, event, occurrence or omission which would entitle
the County to terminate this Security 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 Officer.
The Officer may terminate this Security Agreement 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 Officer leaves the employ of the Monroe County
Sheriff's office.
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 Security Agreement, except for such claims as may occur due
to the Tenant's performing duties pursuant to Section 5 of this Security 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 these
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 first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy/Clerk
Mayor/Chairman
Witness
Deputy David Johnson
Witness
!'"I'~-
I. L '
June 9, 2003
Momoe County Public Works Division
Facilities Maintenance Department
3583 S. Roosevelt Boulevard
Key West, Fl 33040
Ref Lease Agreement, Mariners Resort
Dear Mr. King:
I understandtbat my Lease Agreement expires on August 31, 03, for the residence at the
Mariners Resort Park, Big Pine Key, Florida.
I am sending this letter to renew the said Lease for a one-year period.
Please let me know if I need to personally come in and sign another agreement with new
dates. You can reach me on my cell at 305-797-0882.
Thank you,
n
6G./..i.~/~~
RECEIVED
JUN 1 2 2003
BY: