Item C16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: Dent Pierce/292-4560
AGENDA ITEM WORDING: Approval to enter into a one-year residential lease agreement with
Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence (Location C).
ITEM BACKGROUND: The current lease for the residing Deputy terminates September 30, 2012.
The Monroe County Sheriff's Office has again recommended this deputy to continue in Location C.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: New Residential Lease
STAFF RECOMMENDATIONS: Approval
TOTAL COST $ N/A INDIRECT COSTS BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $ N/A SOURCE OF FUNDS: Revenue
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $880.00 Year $10,560.00
APPROVED BY: County Atty. r
OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_,
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County
Contract #
Sheriff's Deputy
Effective Date: October 1, 2012
Expiration Date: September 30, 2013
Contract Purpose/Description:
Residential lease with Law Enforcement Officer for Location C
Contract Manager: Alice Steryou
4549 Facilities Maint/Stop #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 09/21/12
Agenda Deadline: 09/04/12
CONTRACT COSTS/REVENUE
$880. Month
Total Dollar Value of Contract: $ 10,560 Current Year Portion: $ -0-
T
Budgeted? Yes X No ❑ Account Codes: 661- 4 dX015& -
Grant: $ N/A - - - -_
County Match: $ N/A - - - -_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, sa
CONTRACT REVIEW
Changes
Date In
Division Director 12-
Needed
Yes❑ No[]'
Risk Management 2L3—L—Q-1
Yes[:] No[j2/
O.M.B./P l�iasing M1,1 v
Yes❑ No❑�
County Attorney \�
Yes❑ NOO
I Comments:
OMB Form Revised 2/27/01 MCP #2
etc.
Date Out
Reviewer �/yl J
I �(% �'
RESIDENTIAL LEASE
WITH LAW ENFORCEMENT OFFICER
This Agreement is made and entered into by the parties, MONROE COUNTY, a political
subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida
33040, ("County"), and , a Law Enforcement Officer(s) of the Monroe
County Sheriff's Office, ("Officer").
WITNESSETH:
WHEREAS,_ the County owns a residential premises ("premises") situated a
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, and;
WHEREAS, the Officer desires to provide the law enforcement protection required under
this agreement and further desires to reside on the premises, and;
WHEREAS, the County has decided that at the present time it is in the County's best
interest to enter into a lease with the Officer(s) to provide the deterrence described;
Now, therefore, the parties agree as follows:
1. PROPERTY. County leases to the Officer the premises located at��
2. TERM. The term of this agreement is one year commencing on October 1, 2012 and
running through September 30, 2013. The tenant shall have the option to renew the lease as
long as the terms of the lease are met. There is no automatic renewal of this agreement. In the
event that the Officer does not vacate the premises and surrender them to the County upon
termination of the Agreement, Officer will be liable for rent at a rate of $20.00 (Twenty Dollars)
per square foot per month prorated for the time he/she continues to occupy the property, as well
as County's expenses and reasonable attorney fees in obtaining possession of the property.
3. USE. The premises shall be used solely for the purpose of residential premises. If the
premises are used for any other purpose, the County shall have the option of immediately
terminating this agreement. The Officer shall not permit any use of the premises in any manner
that would obstruct or interfere with any County function or duties.
The Officer will further use and occupy said premises in a careful and proper manner,
and not commit any waste thereon. The Officer shall not cause, or allowed to be caused, any
nuisance or objectionable activity of any nature on the premises. The Officer will not use or
occupy said premises for any unlawful purpose and will, at the Officer's sole cost and expense,
conform to and obey any present or future ordinances and/or rules, regulations, requirements and
orders of governmental authorities or agencies respecting the use and occupation of said
County -owned Property Residential Lease 1 2012 - 2013
(Law Enforcement)
premises. The Officer acknowledges that if he or she ceases to be employed as a law
enforcement Officer during the term of the lease, for any reason whatsoever, the lease is
terminated.
Officer covenants and agrees that he or she will, during the term of the Lease, keep the
premises in a good state of repair and in the current condition, and that upon the expiration of the
lease he or she will return the premises to the same good state of repair as when he or she moved
into the premises.
The Officer agrees that only his or her immediate family or an approved non -law
enforcement roommate shall occupy the premises.
The Officer agrees to clean the premises at the end of the lease and to return it to the
same condition that it was in when the Officer accepted the house. The Officer agrees to pay any
fees that the County incurs to clean the premises if necessary after the officer vacates the
premises.
4. RENT AND SECURITY DEPOSIT. For the use of the premises, the Officer shall pay
the County the current rent of EIGHT HUNDRED EIGHTY AND N0/100 DOLLARS
($880.00) per month, said payment due on the first day of the month. The Officer shall pay a
security deposit in the amount equal to one months rent to the County prior to occupancy. The
monthly payment shall be remitted to the Monroe County Clerk of Courts, Finance Department,
500 Whitehead Street, Key West, FL 33040.
5. UTILITIES. The Officer shall pay for the utilities including water, sewer/septic,
electricity and solid waste collection. The cost of connections for the above described utilities
shall be at the expense of the County.
The Officer shall arrange for and provide residential electric service, telephone service,
and cable television service, at his or her own expense. The cost of connections for residential
telephone service and cable television service shall be paid for by the Officer.
6. QUIET ENJOYMENT. Upon the payment by LESSEE of the rents provided, and
upon the observation and performance of all the covenants, terms and conditions on LESSEE'S
part to be observed and performed, LESSEE shall peacefully and quietly hold and enjoy the
subject premises for the term hereby demised without hindrance or interruption by LESSOR or
any other person or persons lawfully or equitably claiming by, through or under LESSOR,
subject, nevertheless, to the terms of the lease.
7. ASSIGNMENT AND SUBLETTING. This lease may not be sold, transferred, or
assigned in full or part without the written permission of LESSOR. Any purported assignment
without such prior written consent shall be null and void. LESSEE shall not have the right to
sublet this lease or any portion of this lease or property.
8. CONDITIONS. The Officer further agrees that, during the term of this agreement:
a) the Officer is and will remain certified as a regular, fulltime law enforcement
Officer by the Florida Criminal Justice Standards and Training Commission;
b) the Officer is and will remain a Deputy employed by the Monroe County Sheriff's
office and empowered to make arrests under the laws of the State of Florida;
County -Owned Property Residential Lease - 2 - 2012 - 2013
(Law Enforcement)
c) he or she will not sub -lease the premises nor assign any obligation, benefit or duty
created under this Agreement, without written consent of the County.
d) he/she shall have a letter of permission from his/her Agency Head permitting
Officer to execute Agreement which shall be attached to this Agreement as
Exhibit "A".
9. DUTIES AND REPORTING. The Officer shall, at least twice each 24 hour period,
conduct an inspection and walk through of the property, and shall check for any signs of theft,
vandalism, and shall question, and if necessary remove, any unauthorized or suspicious persons
found on site.
The Officer shall also note in writing any damage, safety hazards, civil or criminal
activity observed during his or her inspection and shall inform the Division Director of the
County's Public Works Department of any such hazards in writing within 2 days or immediately
if the inspection reveals a criminal act, or possible danger to a member of the public.
In addition to the above, a regular report on the inspections shall be forwarded to the
Officer's superior and to the Division Director of Monroe County Public Works on the last day
of each month or within 5 days thereof. The report shall contain the date and time of the
inspection, what the inspection found, whether a citation or arrest report, or Notice to Appear or
any other instrument was issued, a copy of any document issued shall be attached to the report, a
notation as to the action taken by the Officer, and when remedied, a notation of what was done.
10. TERMINATION BY COUNTY. This Agreement may be terminated before the
expiration of a 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 the employee of the Monroe County Sheriff's Office;
ii) The Officer is no longer certified as required by this agreement;
iii) The Officer fails to timely pay the County the amount described in this
Agreement or fails to obtain or to keep telephone service as required under
this Agreement;
iv) The Officer fails to conduct the walk around inspections required by this
Agreement or fails to inform Monroe County Public Works of any
observed safety hazards as required under this Agreement;
v) The Officer leases the premises or assigns any interest without the
required consent under this agreement;
c) 15 days notice by the County to the Officer in an emergency situation.
11. DEFAULTS. In the event that LESSEE fails, within thirty (30) days after notice, to
cure any default of any obligations owed by LESSEE to LESSOR under this Lease Agreement
then, in that event, LESSOR shall have the right to terminate this Lease Agreement and to enter
upon the leased premises and again have, repossess and enjoy the same as if this Lease
Agreement had not been made.
County -Owned Property Residential Lease - 3 - 2012 - 2013
(Law Enforcement)
12. TERMINATION BY OFFICER. The Officer may terminate this Agreement upon 30
days written notice to the County if he or she transferred to a substation whose location would
make it impractical to continue to reside at the residence or if the Officer leaves the employ of
the Monroe County Sheriff's Office; or upon 15 days notice by the Officer to the County in an
emergency situation.
13. INSURANCE AND HOLD HARMLESS. The Officer agrees to carry $10,000 (Ten
Thousand Dollars) in personal liability coverage on the premises and shall provide evidence
thereof by Certificate of Insurance. Officer will notify County upon receipt of any notice of
reduction or termination of such insurance, and shall immediately obtain replacement insurance.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement and except for such claims as may occur due to the Officer's performance of duties
under section 9 of this Agreement, Lessee shall defend, indemnify and hold the County and the
County's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings,
or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
any activity of Lessee or any of its employees, agents, contractors or other invitees on the
Premises during the term of this Agreement, (B) the negligence or willful misconduct of Lessee
or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of
any of the obligations that it undertakes under the terms of this lease, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its employees, agents,
contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this lease, this section will survive the expiration of the term of this lease or any earlier
termination of this lease.
14. DAMAGE TO ANIMALS OR PLANTS BY PET(S). The Officer shall have sole
responsibility for any damage, harm, nuisance, claim or other liability which arises as result of
the Officer(s) keeping pets or other animals on the premises, including the parking area upon
which the rental premises is situated. This provision especially applies to the taking of
endangered or threatened species of animals as a result of the action of the Officer's pet(s).
Officer shall maintain proper restraint safeguards to ensure against takings and shall be solely
liable for takings which occur; regardless of the degree of care the Officer has exercised to
prevent any takings. Any repairs shall be paid for by the deputy within thirty (30) days of being
given notice by the County of the cost of the damages.
15. ALTERATIONS AND/OR MODIFICATIONS. If the Officer 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 Division Director of Monroe County Public
Works prior to making any alterations and/or modifications.
16. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
County -Owned Property Residential Lease - 4 - 2012 - 2013
(Law Enforcement)
For the County:
Dent Pierce
Director
Public Works
1100 Simonton Street
Key West, FL
Telephone: 305-292-4560
For the Officer:
Sign tore of Officer
17. ATTACHMENTS. The following documents are required to be attached to this
Agreement:
a) EXHIBIT A: Letter from Officer's Agency Head permitting Officer to execute
Agreement.
b) EXHIBIT B: Certificate of Liability Insurance
c) EXHIBIT C: Copy of Officer's CJATC Certificate
This Agreement shall not be effective until signing by all parties and by attaching all fully
completed Exhibits to the Agreement.
18. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD: It is specifically
agreed that the Officer is not an agent or employee of the Board of County Commissioners; that
the Officer agrees that he/she is not entitled to worker's compensation coverage, unemployment
compensation, health or life insurance, retirement benefits, or social security benefits because of
this Agreement; and that any acts performed under this Agreement by the Officer are strictly in
his/her capacity and under his/her authority as a law enforcement Officer. This provision is not
meant to limit the Officer's authority to make arrests, investigate alleged or actual crimes, or to
enforce the state laws, and County Ordinances.
19. WHOLE CONTRACT AND WAIVER. This Agreement is the whole Agreement
between the parties, and no prior or contemporaneous oral or written communications are part of
the Agreement. If the County waives any breach of the contract, that waiver shall not waive the
covenant or conditions breached nor any later breach of any or part of the contract.
20. MODIFICATIONS. If the Officer wishes to make any modifications or alterations to
the premises, he/she must first make the request in writing to the County, and receive permission
from the Division Director of Public Works prior to making any alterations.
21. GOVERNING LAWS/VENUE. This Agreement shall be governed by the laws of the
State of Florida and the United States. Venue for any dispute arising under this agreement must
be in Monroe County, Florida. The County and Officer specifically agree that neither the
provisions of Chapter 733, Florida Statutes (Mobile Home Park Lot Tenancies) nor the
provisions of Chapter 513, Mobile Home and Recreational Vehicle Parks) are to be applied as
governing this Agreement or use as constructing provisions of this Agreement.
22. ATTORNEY'S FEES. Should any cause of action or administrative proceeding arise
out of this lease in connection with the enforcement or interpretation of this lease between
LESSOR and LESSEE, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party.
County -Owned Property Residential Lease - 5 - 2012 - 2013
(Law Enforcement)
Mediation proceeding initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required by the
Sixteenth Judicial Circuit in and for Monroe County, Florida.
23. MEDIATION. The parties agree to mediate any disputes under this agreement, and
further agree that they will not arbitrate any disputes.
24. SEVERABILITY. If any term or provision of this Agreement shall to any extent be
held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and
each remaining term and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
25. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons
the Premises or any part thereof, County may, at County's option, obtain possession of the
Premises in the manner provided by law without becoming liable to Lessee for damages or for
any payment of any kind whatever. County may, at County's discretion, as agent for Lessee,
relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part
of the then unexpired term, and may receive and collect all rent payable by virtue of such
reletting, and, at County's option, hold Lessee liable for any difference between the rent that
would have been payable under this Agreement during the balance of the unexpired term, if this
Agreement had continued in force, and the net rent for such period realized by County by means
of such reletting. If County's right of reentry is exercised following abandonment of the
Premises by Lessee, then County shall consider any personal property belonging to Lessee and
left on the Premises to also have been abandoned, in which case County may dispose of all such
personal property in any manner County shall deem proper and County is hereby relieved of all
liability for doing so.
26. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable times during the term of this Agreement and any renewal thereof to enter the
Premises for the purpose of inspecting the Premises and all buildings and improvements thereon.
And for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by County for the preservation of the Premises or the building. County and its
agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for
rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the
expiration of this Lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any
restrictions, rules or regulations affecting the Premises.
27. RADON GAS. Notice to prospective lessee: Radon is a naturally occurring radioactive
gas that, when it has accumulated in a building in sufficient quantities, may present health risks
to persons who are exposed to it over time Levels of radon that exceed federal and state
guidelines have been found in buildings in this state. Additional information regarding radon
and radon testing may be obtained from a County public health department.
28. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
County -Owned Property Residential Lease - 6 2012 - 2013
(Law Enforcement)
29. MUTUAL REVIEW. This agreement has been carefully reviewed by LESSEE and
LESSOR, therefore this agreement is not to be construed against either party on the basis of
authorship.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date
first written above.
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
an
Deputy/Clerk
WITNESSES for DEPUTY:
S 1- tiature
Print Name
Signature
Print Name
Mayor
DEPUTY:
Deputy Signature
Print Name
County -Owned Property Residential Lease - 7 - 2012 - 2013
(Law Enforcement)
bxltibit "A -
Sheriff
SUBSTATIONS
Freeman Substation
20930 Overseas Hwy.
Cudjoe Kcy, FL 33042
(305) 745-3194
FAX (305) 745-3761
Conroe County Sheriffs Office
Wg6ert T. Teryam Sheriff
5525 Cage mad
Key West, 2larida 33040
(305) 292-7000 TAX (305) 292-70701-800-273-CO(PS
ww i usso net
Marathon Substation August 29, 2012
3103 Overseas Idwy.
Marathon, FL 33050
(305) 289-2430 Alice Steryou, Contrast Monitor
FAX (305)299-2497 Monroe County Public Works Facilities Maintenance
Islamorada Substation 3583 S. Roosevelt Blvd
86800 Overseas Hwy. Key Wrest, FL 3304U
Islamorada, FL 33036
(305) 664.6480
FAX (305) W-5254 Re; County Housing-��r
Roth Building
50 High Point Road
Dear Alice,
Tavernier, FL 33070
(305)853-3211
FAX (345) 953-3205
Plemge be added that as been approved for the
D i-ENTION CENJ•M
continued tenancy of the County housing located at
Key West Det. Center
for year 20124013.
5501 College Road
Key West, FL 33040
(305)293-7300
FAX (305) 293-7353
SInemly,
Marathon Det, Facility
3991 Oeean Terrace
Marathon, FI.33050
(305) 289-2420
Aoert
FAX (305) 289-2424
Pery
Plantation Det, Facility
Sheriff of Mon a Caunfiy
53 High Paint Road
Plantation Key, FL 33070
(305)853-3266
FAX (305) 853-3270
PECIAL OPERATI
P.O. Box 500975
Marathon, FL 33050
(305) 289-2410
FAX (305) 289-2499 cc; HRD
VIATIOM DIVISION Sgt CWho n
10100 Overseas Hwy
Marathon, FL 33050
(305)289-2777
FAX (305) 289-2776
LUMMLNICATION4
2796 Overseas Hwy.
Marathon, FL 33050
(305) 289-2351 2—"iFAX (305) 2892493 �
FIRST COMMUNITY INSURANCE COMPANY
PO BOX 33060
SAINT PETERSBURG FL 33733-8060
Office: 1-800-627-0000
Fax: 1-888-866-0378
Payment Information
Payment Method Credit Card
Name of Card Holder
Credit Card Number — — - --
Expiration Date 12/13
mount $ 303.00
:Notes
Please submit this transmittal with all checks.
This transmittal is required to be submitted to the company for payments made by check. For ACH and Credit Card payments print and
retain this form for your records.
03000 00000 HO** H04* 090011413984704 00030300 RE 1121001 0
EXHIBF "C
�i
R__l PLIApC ��YA��
/�"� G I
do".�D U�Sii COMMmcm
GOVERNOR M02ADEPARiZut moP
LAW ]DMRCEMisW
STATE OF FLORIDA
4 THE COMMISSION ON
CRIMINAL JUSTICE STANDARDS
AND TRAINING
Hereby awards to
BASIC RECRUIT..CWMCATE
CERTIFICATE OPO.O. K ANCE
LAW ENFORCEMENVOFFICERS .
For having fulfilled the regl�iremeaits far traiaiu9
as 7wcribed in Chapter 943
of Florida Statutes
D0RATS.S0BW, CHAIRMAN MICHAEL D CRD&N�P� D>
ECTOR
A14DTALJON C O A MION PRO"MONAUSMMOGRAM
AND1iiAliVi1YG COA�NLSSION
vember 20, 2001 --_ ---- - 419-11-5b43 _ - 199856