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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: $ - - - ------ - - - ---- - - - ---- - - - ---- 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 /) YesONo0' tv.JVJ.-\.~ YesDNo[kV M~ O.M.B./Purcbasing ~rtLfr?; YesDNoB"~ tJ6~ County Attorney fo!.;t3/03 YesONo~ ~~ Date Out Division Director Date In ~11j)/O? (p1J. %3 02 ~bd/()J 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: