Item D22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Public Works
Bulk Item: Y es ~
No
Department: Facilities Maintenance
Staff Contact Person: John W. King
AGENDA ITEM WORDING: Approval to rescind existing lease agreement with Deputy Dawn
Leird for one-half of the duplex located at the Key Largo Community Park, and approval to enter into a
new one-year residential lease agreement with a Deputy to be recommended by the Monroe County
Sheriff.
ITEM BACKGROUND: Deputy Dawn Leird notified the County that she will not be renewing the
residential lease, which was due to terminate August 31,2006, and that she'll be vacating the premises
on July 31,2006. Facilities Maintenance has confirmed the vacancy with the Monroe County Sheriffs
Office so that another Deputy can be recommended.
PREVIOUS RELEVANT BOCC ACTION: Since September 1, 1998, the Board has approved
Deputy Leird to reside in one-half of the duplex at Key Largo Community Park.
CONTRACT/AGREEMENT CHANGES: Approval to rescind an existing lease agreement with
Deputy Leird and approval to enter into a new lease agreement with a Deputy recommended by the
Monroe County Sheriff's Office.
ST AFF RECOMMENDATIONS: Approval.
TOT AL COST: $ nfa
COST TO COUNTY: $ nfa
BUDGETED: Yes No
SOURCE OF FUNDS: Revenue
REVENUE PRODUCING: Yes~ No
AMOUNT PER MONTH $650.00 Year $7,800
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
(j)ent Pierce
DOCUMENT A TION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MEMORANDUM
DATE:
July 26, 2006
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - August 16, 2006 BOCC Meeting
Key Largo ~ Deputy Housing/Key Largo Duplex
Since September I, 1998, the Board has approved Deputy Leird to reside in one-half of the
duplex at Key Largo Community Park.
The Public Works Facilities Maintenance Department has received notification from
Deputy Dawn Leird that she will not be renewing the residential lease which was due to
terminate August 31, 2006, and she will be vacating the premises on July 31, 2006.
Facilities Maintenance has confirmed the vacancy with the Monroe County Sheriffs Office
and has requested another Deputy to be recommended.
I hereby request approval to rescind an existing lease agreement with one month remaining
with Deputy Dawn Leird for one-half of the duplex located at Key Largo Community Park,
and approval to enter into a one-year revised residential lease agreement with a Deputy
recommended by the Monroe County Sheriff to reside in the vacated side of the duplex
located at Key Largo Community Park.
JWK/jbw
Enclosures
Walters..Jo
From:
Sent:
To:
Cc:
Subject:
Dawn Leird [DLeird@keysso.net]
Friday, July 07, 20063:36 PM
Walters-Jo
Dawn Leird
County Housing
Jo,
I spoke with you on the phone and via e-mail at the beginning of June in reference to
moving out of the County Housing at the Key Largo Park.
I then had to send a memo rescinding the first memo because the house we were going to
move into had fallen through.
well, My husband and I were able to find another house. We will be out of the County
House on July 31, 2006. So, we will not be renewing our lease for next year. I haven't
gotten sent any paperwork in reference to renewing the lease as of yet either, so I wanted
to let you know that our intentions are to not renew.
I know the Sheriff's Office will be announcing that the house will be available soon, so I
don't think that it will be vacant for very long. My lease is officially up on paper on
August 31, 2006. However, if we are moving out on July 31, 2006 we will be required to pay
for Augusts' rent too?? Could you find out for me?
Also, do I need to send to you another memo about moving out, or will this email suffice?
Thanks in advance!!!
Sgt. Dawn Leird
Monroe Co. Sheriff's Office
1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Deputy Dawn Leird Contract #_
Effective Date: , 2006
Expiration Date: , 2007
Contract Purpose/Description: Rescind residential lease with Deputy Dawn Leird for
one-half of the du lex located at Ke Largo Community Park which is due to terminate
on August 31, 2006 and a roval to enter into a one-year revisedresidentiallease agreement with
a Deputy recommended by the Monroe County Sheriff to reside in the vacated side of the duplex
Contract Manager: 10 B. Walters
(N arne)
4549
(Ext.)
Facilities MaintlSto #4
(Department/Stop #)
for BOCC meeting on
08/16/06
Total Dollar Value of Contract: $ -0-
Budgeted? Yes X No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Agenda Deadline: 08/06/06
Current Year Portion: $ -0-
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD
Risk Manage!e;;"~1 ' Jko;ov esO N 0[2]
o.~.lPur~a~g _ YesD NoD
County Attorney ,klf;b~
Date Out
()Be~~
y
Comments:
OMB Fonn Revised 2/27/01 Mep #2
RESIDENTIAL LEASE FOR LAW ENFORCEMENT OFFICER
This lease agreement is made this August 17, 2005, by and between Monroe County, a political
subdivision of the State ofFIorida, hereafter County, and Deputy Dawn Leird, an officer of the
Monroe County Sheriff's Department, hereafter Tenant.
WIT N E SSE T H:
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 has decided that at present time it is in the County's best interest to
lease the premises to the Tenant to provide the deterrence described; and
WHEREAS, the Tenant desires to reside on the premises and provide such deterrent, now,
therefore, that parties agree as follows:
1. The County leases one unit within the duplex facility located on the Marr
Property, more particuJarly described as Lots 326 & 327, Port Largo 4th Addition,
RE #00453474-000326, hereafter premises, to the Tenant for the sole use as a
residence by the Tenant and hislher immediate fumily or roommate. The term of
this lease shall commence on September 1, 2005 and tenninate on August 31,
2006.
2. The County agrees to provide Tenant with water, sewer/septic, electricity, and
solid waste collection service. The T eoant 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, he shall arrange for and provide that service at his own
3.
expense.
The Tenant further agrees that, during the term of this lease, the Tenant is,''. ..
will remain: U
( p
a) certified as a regular, full time law enforcement officer by the Florida
Criminal Justice Standards and Tmining 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 of the Marr
Property and check for any signs of theft or vandalism and question, and if
necessary, remove any unauthorized or suspicious persons found on site. The
Tenant shall also note any safety hazards observed during his/her inspection and
infonnasupervisory employee of the County's Public Works Department of any
such hazards as soon as possible.
6. This agreement may be terminl;1ted before the expiration of the one year teml, 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 bas left employ of the Monroe County Sheriff's office;
ii) the Tenant is no longer certified as required by Section 3;
iii) the Tenant firils to timely pay the County the amount described in
Section 2 or fails to obtain or keep t.elephone service as required
by Section 2;
iv) the Tenant fuils to conduct the walk around inspections required
by Section 5 or fuils 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) 15 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
perfonnance of the terms of this agreement with respect to any subsequent act, event, occurrence or
omission, constituting a breach, defimlt or nonperfonnance by the Tenant.
The Tenant may t:enninate this lease upon 30 days written notice to the County ifhe/she is
transferred to a substation whose location would make it imprncticable 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 hannless 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 attorney's fees) which arise out ot: 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
perfonning duties pursuant to Section 5 of this lease agreement.
S. The parties agree that this written agreement sets forth the entire agreement
between the parties and that there are no tenns or understandings other than those
stated herein. None of the t:enns, 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 M~;nteJ1~nee Director prior to making any
alterations.
IN WITNESS WHEREOF, the parties hereto have been executed this agreement as of the date
first written above.
(SE4) .
Attest: nANNY L. KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By:
~~ >n ~
Mayor/Chainnan
~_) ~ 1\
..L,i~ t '__'V' . . ~-(~
D Dawn Leird
MOhihOE COUNTY ATTORNEY
APPROVED AS T F. R .
RESIDENTIAL LEASE
~THLAWENFORCEMENTOF~CER
For Port Largo 4 th Addition
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 O"MlS a residential premises ("premises") commonly
Imown 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 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, commonly Imown 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 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 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, 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 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 lease. 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 , the Officer
shall pay the County rent of Six Hundred and Fifty Doll ($650.00) month, said
payment due on the first day of the month. The Officer shall p ty 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. 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 Connnission;
b) a Deputy employed by the Momoe 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".
7. 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.
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
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 share of the Monroe County Sheriff's 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
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 hannless the 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 attorney'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.
11. 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 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 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.
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 and/or modifications.
13. 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
1100 Simonton Street
Key West, FL
Telephone: 305-292-4560
For the Officer:
Signature of Officer
Print Name
Address
City, State Zip
Telephone
14. A TT ACHMENTS. 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.
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 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.
16. 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.
17. 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.
18. GOVERNING LA WSNENUE. 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 Momoe 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.
19. MEDIATION. The parties agree to mediate any disputes under this agreement,
and further agree that they will not arbitrate any disputes.
20. 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.
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:
Deputy/Clerk
By:
Mayor Charles "Sonny" McCoy
WITNESS for DEPUTY:
DEPUTY:
Signature
Deputy Signature
Print Name
Print Name
WITNESS for DEPUTY:
Signature
Print Name