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Item C03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17, 2005 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff contact person: Miguel Carbonell AGENDA ITEM WORDING: Approval to renew Security Agreement with continue residing at the for the same amount of rent and utilities totaling $425.00 per month. ITEM BACKGROUND: On August 31, 2005, the Security Agreement with 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: Since September 1, 2002, the Board has approved to reside at CONTRACT/AGREEMENT CHANGES: To renew Security Agreement for one (1) additional year, commencing on September 1, 2005, and terminating on August 31, 2006. A d d i t i o n a l t a n g tz a g e added to Sec. 7 regarding Tenant keeping pets or other animals on premises. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: Revenue -producing REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $425.00 Year $5100.00 APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: Dent Pierce, Public Works DOCUMENTATION: Included Yes Not Required DISPOSITION: AGENDA ITEM # —, .w (REVISED) Revised 1/03 CONTRACT SUMMARY Contract with: Contract # Effective Date: September 1, 2005 Expiration Date: August 31, 2006 Contract Purpose/Description: Renewal of Security Agreement with to continue residing at Contract Manager: Miguel Carbonell 4385 Facilities Maint. #4 (Name) (Ext.) (Department/Stop #} for BOCC meeting on August 17, Agenda Deadline: August 2, 2005 2005 CONTRACT COSTS Total Dollar Value of Contract: $ Revenue Current Year Portion: $ producing Budgeted? Yes[-] No ❑ Account Codes: - - - Grant: $ - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitoria CONTRACT REVIEW Date In Changes Needed Rev' Division Director Yes❑ NoQ Risk Management `f Yes❑ No© .B./Purchasing Yes❑ No County Attorney Yes❑ No c' - Comments: etc.) Date Out � - Ems/, This Sccurjt� Agreement is inade this 17-, of August, 2005, bv and between Mony(ye, County- a political subdivision of the State of Florida, hereaftor Counti', and an officer of the Monroo, County Sheriffs Depairtment, hereafter Officer WITNESSETIL WHEREAS, the Count:; believes the presence of a law enforcerrient officer residin'g, at the prennises descr bed iit this agreeinent would deter vandalismand theft at the prenuses'- WHEREAS, the Count., has decided that at present tinte it is in the County-s best interest to erim- inio a Securiv� Agreement ,� ith the Officer to provide the deterrence described, Nov,-, therefore, the parties agree as follows: the County agrees to enter into a Security Agreement for the provision of securif-A- services in Mariners Resort Park, hereafter premises, in exchange fbi- the use of the home located thereon b%- the, Of and his,,Iier inn-nediate farni1v or roonninate. 'The teen of' this Secrirlt� Agree,ment commences on September 1. 2005, and ends on August 31 2006, The Corintv agrees to provide Officer oith water. se-weniseptic, cfoc-trjcitN', and solid Nvaste collection scrN ice, The Officer shall reimburse the Cc)untN fier said service at a rate of S'19594 per month payable in advance on the first business day of each nionth to the Monroe Counts- Clerk of the Courts, Finance Department, 500 Whitehead Street, Key West, Florida 33040 Tlic Officer -agrees to pay air additional amount of S229 06 per month payable in advance on the first business dai, of each month to the Monroc County Clerk of the Courts. Finance Department, 500 Whitehead Street. lie, West, Florida 33()40. This additronal atriount is deemed to be the difference between the fair market rental of the residence and the value of the securitN services being provided. Be Officer shall arrange f6r and pro,.adc residential telephone service at his o-o-ir expense. If the Offictir desires cable television service, he shall arrange for and provide that service at his o�.%,n expense I The Officer further agrees that, during the terry of this Secuntv Agreement. the Officer is and o:111 remain, a} cerfified as a regular, full urne laxv, enforeenlent officer by the Florida Criminal Justice Standards and Training Conimission, b) a deputy einployed by the Morin.-ii, County Sberiffs officc and empowered to make arrests -under the laws ofthe State The Officer may not lease the prel-rises nor -%siL-n aro, obligation, benefit or duty created zaide'r this Socurity Agremen et, .% ithout the v,ritten consent of the Count', Ilie Officer shall, at least once each night. conduct air inspection walk at Marluers Resort Park and check fior an sit',nis of theft or vandalism and question, and if necessary renlove, arr, authorized or suspicious persons found on site. The Officer shall also note an safety` hazard(s) obsei-,-ed during his1ior inspection and inform a super6sor, emploNce of the CountN's Public Works Department of anN such hazards as soon as possible 6 This Securit-, Agreement may be tern mated before the expiration ofthe one ,car terni, livith or v,-ithout cause and in the sole discretion of the County, upon a) 60 days „rliten notice bN the Count,, to the Officer, b) .30 dries, written notice bv the Count, to the Officer when: 0 The Officer has left erriplox, of the Monroe County Sheriffs office-, it) Tha Officer is no forayer certified as required I)v Section 3 in The Officer falls to firneh pay the Coutiv, the amount described in Section 2 or fails to obtain or keep telephone service as required b,, Section 2' he Gifficer fails to conduct the walk around inspections required b1 Section '; or falls to Ilifonn the Count,. Public Works Departntent of any observed safetv hazard(s) as required by Section 5- v) 'File Officer leases the premises or assigns anN interest tinder this SecuritN Agreement o ithout the consent required b-N Section 4 daN s notice b,, the Count-N to the Officer in wi enier2encv sttuation The wait'er bv the Coum­,' of ariv act, event- occurrence or omission which would entitle the Countv to terminate this Secunt-, Agreement shall riot affect the right of the Courro, to dernand strict perforniaiwe of the ternis of this agreernent with respect to airy subsequent act, event, OCCU1,1701ce Or onliss!oli' constitutinL, a breach, default Or nonryerformance b-" the Officer. Ille, Officer rnav terminate this Securltv Agreement upon 30 days written notice to the Couno'Y if licishe is trarisferred to a substation „hose location would make it impracticable to continue to rcsidc, at the premises or if the Officer leaves the ernploN of tile Monroe County Sherifl-s office 7 Thee Tenant covenants and agrees to indernnif-v and hold harp less Monroe Counix- Board of Count-, Commissioners front art,, acid all clalins for bodilv injury, and property -1 daniage (Includin- property o4xned b-, Monroe County') and airy' other losses, damages - and experises (including atlorne%'s fees) which arse out of in connection oith or by reason of the Teriant utilizing property govemed b\ this Securiv, Agreernent, except for such claims as may occur due to the Teriant's performing duties pursuant to Section 5 of this Securitx Agreement. The Tmant shall have full and sole responsibility for are damage. barns, musance, clairn or other liabilit" which arises as a result ofativ of the Tenant k-ceping pets or other animals on the prernises- inchidil]�-71, UIC J-)aJK dei-Ca upon vdilch the house is situated this provision especially applies to the taking of endangered or threatened species of animals as a result of the actions of the Tenant-s pets Tenant shall maintain proper restraints and safeguards to ensure against such M - kin _4s and shall be soleb, liable for takings xNhich occur- regardless of the, degr of care Tenarit Iran exercised to prevern any takings, 8. The parties agree that this written agreement sets forth the entire agreement between the parties and that there are no terins or understandings other than those stated herein, None of these terms. proNisruns, and conditions conialncJ in this agreement rnw, be added to, modified superseded or othenvise altered, except by a written amendment executed by the parties, 9 If the Tenant rashes to make anN, modifications or alterations to the premises, hell'she must f-irst make the request in writing to the County, and receive written pen-russion firorn tile Courn-x Facilities Maintenance Director prior to making any alterations. IN WITNESS WHEREOF, the parties hereto have beer, executed this agreernent as of die date first a,,vritten above (SEAL) Attest DANNY L. KOLI-LA.GE, CLERK 0 Deputy/Clerk Warless BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor./C ha i rrnmr