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Item C07 , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 14. 2004 Division: Public Works Bulk. Item: Yes -L.. No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to renew 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, 2004, the Security Agreement with Deputy David Johnson will expire. He is currently paying a total ofS425.00 ($229.06 for rent and $195.94 for water, septic/sewer, electricity and solid waste) per month. PREVIOUS RELEVANT BOCC ACfION: At the July 17, 2002 meeting, the Board approved to enter into a Security Agreement with Deputy David Johnso~ a Law Enforcement Officer appointed by the Momoe County Sheriff. On July 15, 2003, the Board gave approval to Dep. David Johnson to renew the Security Agreement for an additional year, commencing September 1,2003, and expiring on August 31, 2004. , CONTRACT/AGREEMENTCHANGES: To renew Security Agreement fur one (1) additional year, commencing on September 1, 2004, and terminating on August 31, 200S, and to add paragraph 9. to the Security Agreement advising the Tenant to notifY the County ifhelshe wishes to make any aherations to the premises. 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 Year $5100.00 AMOUNT PER MONTHS425.00 APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: ~~ Dent Pierce, Public Works DOCUMENTATION: Included x- To Follow Not Required_ DIsposmON: AGENDA ITEM # C 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dep. David Johnson Contract #_ Effective Date: September 1,2004 Expiration Date: August 31, 2005 Contract Purpose/Description: Renewal ofSecwity Agreement with Deputy David Johnson to continue residing at Mariners Resort Park, B~ Pine Key, Florida Contract Manager: Miguel Carbonell 4385 Facilities Maint. #4 (Name) (Ext.) (Department/Stop #) for BOCC meetin2 on Julv 14, 2004 Ae:enda Deadline: June 29, 2004 Total Dollar Value of Contract: $ Current Year Portion: $ Budgeted? YesO No 0 Grant: $ County Match: $ - - - - - -- - - - - ---- - - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) ~ . maintenance, utilities, .anitoriaI, salaries, etc.) - - - --- CONTRACT REVIEW Division Director Changes Pfl!~ ~ J. Needed ~O I YesONoO 6/11/01 YesO No~ 6, / ff/PPfYesONoB' ~~ b 61l-3iOl/YesON~~ __ 4;5,W Date Out '- Risk Management O.M.B./Purchasing County Attorney Comments: OMB Form Revised 2127/01 MCP#2 Securitv A2reement with a Law Enforcement Officer This Security Agreement is made this 14th. of July, 2004,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 descnDed; 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 hislher immediate family or rootmnate. The term of this Security Agreement commences on September 1, 2004,and ends on August 31,2005. 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 Sheri1:r 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, benefrt 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 ~ 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 w.ys 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 Iumlrd(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 (incl~ding 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. 9. If the Tenant wishes to make any modifications or alterations to the premises, helshe must first make the request in writing to the County, and receive written permission from the County Facilities Maintenance Director prior to making any alterations. 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: Deputy/Clerk By: Mayor/Chairman Witness Deputy David Johnson Witness su.,,- NNE'" . -,- ~. d'J... i ,"", HUTTON ~. ASSIC,T~,!\Tf>1;}1pyJ;TORNEY I"~ te -'"_..." .... '-~I~'P.zM ,__ ,._..._ _" ~ \ 0'/\50/0 -'& , ~-; fv"\, 6:s...l- Co-~~l~ . 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