Item D35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19, 2006
Division:
Public Works
Bulk Item: Yes
No
Depatiment: Facilities Maintenance
Staff Contact Person: John W. King
AGENDA ITEM WORDING: Approval of Residential Lease with Law Enforcement Officer for the
Stiglitz House located at Watson Field, Big Pine Key.
ITEM BACKGROUND: The previous lease terminated on December 31, 2005 and the house has
remained vacant in anticipation of lease revisions being completed. Now that the revised lease is in
place, the Sheriff s Office has recommended Deputy A. Rabinowitz.
PREVIOUS RELEVANT BOCC ACTION: On December IS, 2004, the Board approved to
terminate a lease agreement with Deputy Craig D. Sparrow who resigned from the Monroe County
Sheriffs Office, and approved execution of a lease with Deputy Edgar Pineiro; the lease with Deputy
Pineiro terminated December 3l, 2005.
CONTRACT/AGREEMENT CHANGES:
New I ,ease Agreement.
ST AFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $ -0-
COST TO COUNTY: $ -0-
BUDGETED: Yes
SOURCE OF FUNDS:
No
Revenue
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH $402.00 Year
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENT A TION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 19.2006
Division:
Public Works
Bulk Item: Yes ---X.... No
Department: Facilities Maintenance
Staff Contact Person: John W. King
AGENDA ITEM WORDING: Approval of Residential Lease with Law Enforcement Officer for the
Stiglitz House located at Watson Field, Big Pine Key.
ITEM BACKGROUND: The previous lease terminated on December 31,2005 and the house has
remained vacant in anticipation of lease revisions being completed. Now that the revised lease is in
place, the Sheriff's Office has recommended Deputy A. Rabinowitz.
PREVIOUS RELEVANT BOCC ACTION: On December 15, 2004, the Board approved to
terminate a lease agreement with Deputy Craig D. Sparrow who resigned from the Momoe County
Sheriff's Office, and approved execution of a lease with Deputy Edgar Pineiro; the lease with Deputy
Pineiro terminated December 31, 2005.
CONTRACT/AGREEMENT CHANGES:
New Lease Agreement.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $ -0-
COST TO COUNTY: $ -0-
BUDGETED: Yes
SOURCE OF FUNDS:
No
Revenue
REVENUE PRODUCING: Yes ---X- No
AMOUNTPERMONTH $402.00 Year
APPROVED BY: County Atty. _ OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
~Q..--~
Dent Pierce, Division Director
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # P 3 S;
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Deputy A. Rabinowitz. Contract #_
Effective Date: ,2006
Expiration Date: ,2007
Contract Purpose/Description: Residential lease with Law Enforcement Officer for
Stiglitz House located at Watson Field
Contract Manager: John W. King 4531 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 07/19/06 Agenda Deadline: 07/05/06
CONTRACT COST~IREVENUE ]
Total Dollar Value of Contract: $ -0- Current Year Portion: $ -0-
Budgeted? Yes X No D Account Codes: -
Grant: $ N/A _-_-_-_-_
CountyMatch:$ N/A ___-_-_
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $--.!yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD.
Date Out
Risk Management 7-17-[)(o YesDNoQ--'
O.M.B./Purchasing 7./.oJ;# YesD No~ -
County A~:omey ~/~ YesDNoW ~?a.-'6/"'- LW~
Comments: _ ?~) ~ii;;j,: d~ + -'?'r~'- elc:& -' ~
iY~ rb LUuf; ~ tJ~.-J 1f1D awrn t;{)
OMB Form Revised 2/27/01 MCP #2
RESIDENTIAL LEASE
WITH LAW ENFORCEMENT OFFICER
For Stiglitz House
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 on the
second floor of Operations Building, commonly known as Stiglitz House located on Lot
I C Big Pine Acres, an unrecorded subdivision on Big Pine Key, Monroe County, Florida,
and;
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:
I. PROPERTY. County leases to the Officer the premises, which is situated on the
second floor of Operations Building, commonly known as Stiglitz House located on Lot
I C Big Pine Acres, an unrecorded subdivision on Big Pine Key, 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 mte of$20.oo (Twenty Dollars) per square
foot per month promted for the time helshe continues to occupy the property, as well as
County's expenses and reasonable attorney fees in obtaining possession of the property.
3. llJSE. The premises and 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 obstruet or interfere with any County function our
duties.
The Officer 'hill 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 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 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
expimtion 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.
'[he 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 sam,: condition that it was in when the Officer accepted the lease. The Officer agrees
to pay any fees that the County incurs to clean the premises if necessary after the officer
vacates ilhe premises.
4. RENT AND SECURITY DEPOSIT. For the use of the premises, the Officer
shall pal' the County rent of Four Hundred and Two Dollars ($402.00) per month, said
payment due on the first day of the month. The Officer shall pay a security deposit in the
amount '''<Iual 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,
electriciliy and solid waste collection. The cost of connections for the above described
utilities shall be at the expense of the County.
The Officer shall armnge 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. 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;
he or she will not sub-lease the premises nor assign any obligation, benefit
()f duty created under this Agreement, without written consent of the
County,
d) helshe shall have a letter of permission from hislher Agency Head
pennitting Officer to execute Agreement which shaH be attached to this Agreement as
Exhibit "A",
7. DUTIES AND REPORTING. The Officer shall, at least twice each 24 hour
period, c:onduct 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 suspic:ious 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 writimz 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.
8. 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 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
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 Monroe County Public Works
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.
9. TERMINATION BY OFFICER. The Officer may terminate this Agreement
llpon 310 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 share of the Monroe County Sheriffs Office; or upon 15 days
notice by the Officer to the County in an emergency situation.
10. INSURANCE AND HOLD HARMLESS. The Officer agrees to carry $10,000
(Ten Thousand Dollars) in personal liability coverage on the premises and shall provide
eviden(e thereof by Certificate of Insurance. Officer will notify County upon receipt of
any nolice of reduction or termination of such insurance, and shall immediately obtain
replacement insurance.
The Officer agrees to indemnify and hold harmless the Monroe C<.lunty 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
expellS(:s (including attorney's tees) which arise out of, or in connection with or by
reason of the Officer utilizing property governed by this Agreement, except for such
claims :iIS may occur due to the Officer's performance of duties under section 8 of this
Agreement.
11. .DAMAGE TO ANIMALS OR PLANTS BY PEnS). 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 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 Offi.cer'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.
12. ALTERATIONS 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
Monroe County Public Works prior to making any alterations andlor modifications.
13. j'l/OTICE. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
For tbe County:
Dent Pierce
Divisioll Director
Public Works
1100 Simonton Street
Key West, FL
Telepbone: 303-292-4560
For tbe Offieer:
Signature of Officer
Print Name
Address
City, State Zip
Telephone
14. ATIACHMENTS. The following documents are required to be attached to this
Agreem,mt:
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 shan not be effective until signing by an parties and by attaehing an
fully completed Exhibits to the Agreement.
15. 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 hi,i/her authority as a law enforcement Officer. This provision is not meant to limit
the Offic:er's authority to make arrests, investigate alleged or actual crimes, or to enforce
the state laws, aud County Ordinances.
16. WHOLE CONTRACf AND WAIVER. This Agreement is the whole
Agreement between the parties, and no prior or contemporaneous oral of written
cornmunicatious 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.
17. MODMCATIONS. If the Officer wishes to make auy 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.
18. GOVERNING LA WSIVENUE. 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
Tenancie,s) 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 Agre.ement.
19. ~DIATION. The parties agree to mediate any disputes under this agreement,
and further agree that they will not arbitrate any disputes.
20. ~EVERABILITY. If any term or provision of this Agreement shall to any
extent b<e 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 llirst written above.
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
Deputy/Clerk
By:
Mayor Charles "Sonny" McCoy
WITNESS for DEPUTY:
DEPUTY:
Signature
Deputy Signature
Plint Name
Print Name
WITNESS for DEPUTY:
Signature
Print Name
MONROE COUNTY ATTORNEY
APPROVE,D AS TO JSOAM:/
~k- -;.){"tt-4~f
NATILEENE W. CASSEL
ASSIST~T G~NTY ATTORNEY
o.t.~ 9~
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EXHIBIT A
Skerij[
:Monroe County 5furijf's Office
'R..idumi'1). 'l(oth, srur~f!
5525 College '!(pad'
~l(e!J (/t)esf, yflrrida 33040
(30S) 292~7000 !fJt'(: (30,) 292--7070 J.-8lXJ-2'7.3--(XYP5
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Pubiic
Roosevelt
Florida 33040
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To \Vhom II. J\Jay (~oncern:
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Pl.ease LtCCept this letter fbr the July 19th Board of County Comn:'.issjon.er~'I1e.eting.
H<:1'_h Ulliidin,',
'(', Hig,h Fuinl R_L:Juitt:hdtuve selected and I"ccornmended that Dt,,~puty Admn Rabinowitz IDt)ve into the
l;:-:.;':'!~l;;: ~,.~.!:~JiJ:'u Monroe County house located at \Vaison Field on Big Pine Key.
FAX (305) 853-3205
I appreciate your assistance and please feel free to contact me if you have any further
DETENTION CENTE~tions at 745-3 184.
Key West Dee Center
5501 College Road
Key West, FL 33040 Sin~;,rely,
(305) 293-7300
FAX (305) 293,7353
(;'d ,0/F~:
Captain Chad Scibilia
Commander, Sector One
Marathon Del Facility
3981 Ocean Terrace
Marathon. FL 33050
(305) 289-2420
FAX (305) 289-2424
Platation Det. Facility
53 High Point Road
Plantation Key. FL 33070
(305) 853,3266
FAJ< (305) 853-3270
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RECEIVED
JUN 2 6 2006
BY: