Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15. 2004
Division:
Public Works
Bulk Item: Yes -X- No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew Residential Lease Agreement with Deputy Maretta
McNichol of the Monroe County Sheriffs Office to continue residing in the modular home at Bernstein
Park for an amount of rent and utilities totaling $425.00 per month.
ITEM BACKGROUND: On December 31, 2004, the Residential Lease Agreement with Deputy
Maretta McNichol will expire. She is currently paying a total of$425.00 per month ($229.06 for rent
and $195.94 for water, sewer/septic, electricity and solid waste).
PREVIOUS RELEVANT BOCC ACTION: On December 31,2003, the Board granted approval to
Dep. Maretta McNichol to renew her Residential Lease Agreement for an additional year.
CONTRACT/AGREEMENT CHANGES: To renew Residential Lease with Deputy Maretta McNichol
for one (1) additional year, commencing on January 1,2005, and terminating on December 31,2005.
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 _ AMOUNT PER MONTH $425.00 Year
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
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Dent Pierce, Director Public Works
DOCUMENTATION:
Included -X-
To Follow
Not Required
DIsPosmON:
AGENDA ITEM # (!3
Revised 1/03
Monroe County Public Works Division
Facilities Maintenance Department
3583 S. Roosevelt Boulevard
Key West, FL 33040
(305) 292-4431
Fax (305) 295-3672
r-.--
BOARD OF COUNTY COMMISSIONERS
Mayor Munay E. Nelson, Dislrict 5
Mayor Pro Tem David P. Rice, District 4
Dixie M Spebar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, Dis1rict 3
O~~~~~E
(305) 2904-<1641
September 28, 2004
Deputy Maretta McNichol
6751 5th. Street
Stock Island
Key West, FL 33040
Certified Mail 7003-2260-0005-1070-5457
Dear Deputy McNichol:
This letter will serve as a reminder that effective December 31, 2004, your Residential Lease Agreement
at Bernstein Park will expire. Please submit a letter ofyow intent if you wish to renew. your residency
for an additional year for the same rental amount of$425.00 monthly or if you wish to terminate your
Residential Lease Agreement.
If you have any questions, or wish to discuss this matter further, please contact m~ at (305) 295-4385.
For your convenience, you may fax your response: 305-295-3672.
Sin<<:rel~ _ -=>
Miguel Carbonell, Coordinator, Parks & Recreation
O",{ .c:J ~ l ~
~ W. King, Sr. Director, Lower Keys Operations
cc Dent Pierce
James Bruce
Sheri1IRicbard Roth
Ann Riger
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT S
Contract with:
Dep.Maretta McNichol
Contract #_
Effective Date:
Expiration Date:
January 1, 2005
December 31,2005
Contract Purpose/Description:
Renewal of Lease Agreement with Dep. Maretta McNichol to reside at the modular
home located at Bernstein Park.
Contract Manager: Miguel Carbonell
(Name)
4385
(Ext. )
Parks & Rec. Coord
(Department/Stop #)
for BOCC meet. on
11/17/04
enda Deadline: 11/02/04
CONTRACT COSTS
Total Dollar Value of Contract:
urrent Year Portion: $ Revenue
Budgeted? YesO No 0
Grant: $
County Match: $
- - - -
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-
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $--1yr For:
(Not included in dollar value above) ( . maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesONoO
Division Director
Risk Management lCraWf
O.M.B./Purchasing _
County Attorney 1~1
Comments:
OMB Form Revised 2/27/01 MCP #1
RESIDENTIAL LEASE FOR LAW ENFORCEMENT 9f'FICER
This lease agreement is made this December IS, 2004, by and between Monroe County, a
political subdivision of the State of Fiorida, hereafter County and Deputy Maretta McNichol, an
officer of the Monroe County Sheriff's Department, hereafter Tenant.
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 bas decided that at present time it is in the County's best iataest
to lease premises to the Tenant to provide the deterrence described; and
WHEREAS, the Tenant desires to reside on the premises and provide such deteueot, now,
theref~ that parties agree as fonows:
I. The County leases the modular home located in Bernstein Park, hereafter
premises, to the Tenant for the sole use as a residence by the Tenant and hisIher immediate family
or roommate. The term of this lease comn\P.nt'es on January I, 2005 and terminates on December
31, 2005.
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, 500
Whitehead Street, Key West, Florida 33040. The Tenant shall arrange for and provide residential
telephone service at his own expense. If the Tenant desires cable television service, she shall
arrange for and provide that service at her own expense.
3. The Tenant further agrees that, during the term of this lease, the Tenant 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 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 Tenant shall, at least once each night, conduct an inspection walk at Bernstein
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 Tenant 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 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 Monroe County Sheriff's office;
ii) the Tenant is no longer certified as required by Section 3;
ill) 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 S 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) IS 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.
The Tenant may terminate this lease upon 30 days written notice to the County ifhelshe 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 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 injwy, 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 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,
he/she 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 COUNlY COMMISSIONERS
OF MONROE COUNTY, FWRIDA
By:
By:
Deputy/Clerk
Mayor/Chairman
Witness
Deputy Maretta McNichol
Witness