Item D34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20, 2006
Division: Publie Works
Bulk Item: Yes x No
Department: Facilities Maintenance
Staff Contact Person: John King
AGENDA ITEM WORDING: Approval of new residential leases for Deputy Housing on
County-owned properties to make the rates uniform and for security patrol of the sites by the
deputies.
ITEM BACKGROUND: In the past, the County has allowed Sheriff Deputies to rent county-
owned residential housing at a below market rate, however, the rates were not uniform across the
county. The new leases charge a rental of $6.00 per square feet for all housing. In addition, the
new leases require the deputies to pay for electricity. Telephone and cable have always been paid
by the deputy. On one site, known as Mariner's Resort Park, the lease will allow for more than
one deputy to occupy the house due to the size and nature of the site. Additionally, the deputies
are required to patrol the premises on a regular basis in order to provide security.
PREVIOUS RELEVANT BOCC ACTION It has been several years since the Board has
officially reviewed rental rates, and the Board has discussed that the leases needed to be updated.
CONTRACT/AGREEMENT CHANGES The new leases charge the same amount of rent per
square foot for all the housing, and require the deputy to pay for their own electricity. Telephone
and cable have always been paid by the deputy and that has not been changed.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: YES
NO
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: YES -L- NO
AMOUNT PER MONTH varies Year
APPROVED BY: County Atty._
OMB/Purchasing _
Risk Management _
DIVISION DIRECTOR APPROVAL:
Dent Pierce
DOCUMENTATION: INCLUDED x
NOT REQUIRED ___
DISPOSITION:
A(;ENDA lTEM#
2006 :39
Walters- Jo
the draft of the contracts for
the new contract deals issues
at each of the sites. The contract reflects
have a or let me
- As the old scheme was unfair because the
square house. needed
for of the areas. Suzanne
this did not encourage reasonable use
and cable.
There is still one site
after the end of the term in the
a to meet this issue but it
and disbursal of unused at the end
more and for the
Also added a for
This is of the square
decreased and some increased.
the old and the new rent As
Harris is a trailer:
see some of the rents have
per square per
056
805
2006
720
300
1300
$ 528.00
$ 402,00
003,00
360.00
$ 650.00
$ 650.00
House
Mariner's Park
Harris Park
attached a
of the contract for
comments. Let me
ideas
Thank
RESIDENTIAL LEASE FOR UNIT A OF THE DUPLEX AT
PORT LARGO 4TH ADDITION
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 Department, (" Officer").
WITNESSETH:
WHEREAS, the County owns a residential premises ("premises") commonly known
as Unit A of the Duplex facility located on the Mar Property, more particularly described
as Unit B, Lots 326 and 327, Port Largo 4th Addition, RE#00453474-000326,
Monroe County, Florida, and;
WHEREAS, the COlli1ty 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(s) 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, commonly known as Unit
A of the Duplex facility located on the Mar Property, more particularly described as Unit
B, Lots 326 and 327 , Port Largo 4th Addition, RE#00453474-000326, , Monroe County,
Florida.
2. TERM. The term of this agreement is one year commencing on
and running through _ . 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 a residential premise. 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 our
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, are 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 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
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,
The Officer agrees that only his or her immediate family, or an approved non-law
enforcement roommate, or another approved law enforcement officer roommate shall
occupy the premises. Approval shall be requested in writing and granted or denied by the
Division Director of the County's Public Works Department.
In the case of another law enforcement officer, the Officer shall comply with all
the requirements of this Agreement, and shall have all the same duties and
responsibilities as the original law enforcement officer on the lease, he or she shall sign
an addendum which shall add his or her name to the lease and the term of the lease shall
end at the time of the original lease.
The Agreement shall not be sublet, assigned, or transferred.
4. RENT AND SECURITY DEPOSIT. For the use of the premises, the Officer
shall pay the County rent of SIX HUNDRED AND FIFTY DOLLARS ($650,00) 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 month 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 electricity. The cost of connections for
the above described utilities shall be at the expense of the County. The Officer shall
receive and pay a bill from Monroe County,
The Officer shall arrange for and provide residential telephone service at his or her
own expense, If the Officer desires cable television service, he or she shall arrange for
and provide that 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. CONDITIONS. The Officer further agrees that, during the term of this
agreement, the Officer is and will remain:
a) Certified as a regular, fulltime 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;
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".
8. 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 the County's Public Works
Department 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.
9. TERMINATION BY COUNTY. This Agreement maybe terminated before the
expiration of a one year term, with or without cause and in the sole discretion the County,
upon
a) 60 days written notice that 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 am
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 the County Public Works Department of any
observed safety hazards as required under this Agreement;
v) The Officer leases the premises are assigns any interest without the
required consent under this agreement;
c) 15 days notice by the County to the Officer in an emergency situation.
10. TERMINATION BY OFFICER. The Officer may terminate this Agreement
upon 30 days written notice to the County if he or she is 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 share of the Monroe County Sheriff's office; or upon 15 days
notice by the Officer to the County in an emergency situation.
11. 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,
The Officer 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 attomey's fees) which arise out of, or in connection with or by
reason of the Officer utilizing property governed by this Agreement, except for such
claims as may occur due to the Officer's performance of duties under section 8 of this
Agreement.
12. 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 a result of the Officer(s) keeping pets are 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 Officers 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.
13. ALTERNATIONS AND/OR MODIFICATIONS. If 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 the
County's Public Works Department prior to making any alterations and/or modifications.
14. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
For the County:
Dent Pierce
Division Director
Public Works Department
1100 Simonton Street
Key West, FL
305-292-4560
For the Officer:
Signature of Officer
(print name)
Address
Address
Telephone number
15. 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 ClATC Certificate
This Agreement shall not be effective until signing by all parties and by attaching all
fully completed Exhibits to the Agreement.
16. 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.
17. WHOLE CONTRACT AND WAIVER. This Agreement is the whole
Agreement between the parties, and no prior or contemporaneous oral of 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 not any later
breach of any or part of the contract.
18. 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 County Division Director for Public Works Department
prior to making any alterations.
19. 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 Board 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.
20. MEDIATION. The parties agree to mediate any disputes under this agreement,
and further agree that they will not arbitrate any disputes.
21. SEVERABILITY. lf 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,
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
By: By:
Deputy/Clerk Mayor
WITNESS for DEPUTY: DEPUTY:
Signature Deputy Signature
printed name printed name
WITNESS for DEPUTY:
Signature
printed name