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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18,2009 Division: Public Works Bulk: Item: Yes --1L- No Department: Facilities Maintenance Staff Contact PersonlPhone #:JoOO W. King/292-4531 AGENDA ITEM WORDING: Approval to enter into a one-year's residential lease agreement for Location B with the Sheriff's Deputy to commence April 1, 2009 and terminate March 31, 2010. ITEM BACKGROUND: At the January 16,2008 BOCC meeting, a residential lease with this deputy was terminated at Location A, and approved for Location B because Monroe County needed Location A for another purpose. The deputy agreed to move to another location to accommodate the County. This lease at Location B with the deputy will terminate on March 31, 2009. The Monroe County Sheriff's office has recommended that this deputy remain in Location B for another year. PREVIOUS RELEVANT BOCC ACTION: At the January 16,2008 BOCC meeting, a residential lease with this deputy was terminated at Location A, and approved for Location B because Monroe County needed Location A for another purpose. CONTRACT/AGREEMENT CHANGES: New Agreement ST AFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes -1L No AMOUNT PER MONTH_ Year $8.052.00 APPROVED BY: County Attye!l- ~urChasing _ Risk Management ~ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 MEMORANDUM DATE: January 29, 2009 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - February 18, 2009 BOCC Meeting Lease Agreement - Monroe County Sheriff's Deputy At the January 16, 2008 BOCC meeting, a residential lease with this deputy was terminated at Location A, and approved for Location B because Monroe County needed Location A for another purpose. The deputy agreed to move to another location to accommodate the County. This lease at Location B with the deputy will terminate on March 31, 2009. The Monroe County Sheriff's office has recommended that this deputy remain in Location B for another year. I hereby request approval of this one-year's residential lease agreement with the Sheriff's Deputy to commence April 1, 2009 and terminate March 31, 2010. JWKIjbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MC Sheriff's Deputy Contract # - Effective Date: April 1, 2009 Expiration Date: March 31, 2010 Contract Purpose/Description: Residential lease with Law Enforcement Officer Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) 7-11"61 LA 2/3>/oQ for BOCC meeting on 11/19/68 Agenda Deadline: 11/04/08 CONTRACT COSTS/REVENUE Budgeted? Yes X No D Grant: $ N/A County Match: $ N/ A income Account Codes: Current Year Portion: $ 4,026.00 income Total Dollar Value of Contract: $ 8,052.00 - -- - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In -.! I Division Director:;l f} ,(/! Risk Mana~~ment d:3it1 (>s... ~,,~ O.M.B.IPurcha'fmg "2 -3,-lfi Changes Needed / jJ Reviewer YesDNoQ' ~b' (1 YesD No/2f -!Jl ~ ..L.--r:-~~ ./ ./ YesD No!1J ~ 1 <::/ <:T() Date Out County Attorney 1./~ YesD No~ C}t/iit.~~;fuJJ--.fY1t(J1LJu~ Comments: OMB Form Revised 2/27/01 MCP #2 RESIDENTIAL LEASE WITH LAW ENFORCEMENT OFFICER Mariner's Park House This Agreement is made and entered into by the parties, MONROE COUNTY, a political subdivision of the State of Flori~ whose address is 1100 Simonton Street, Key West, Florida 33040, ("County"), and a Law Enforcement Officer(s) of the Momoe County Sheriff's Office, ("Officer"). WITNESSETH: WHEREAS, the County owns a residential premises ("premises") situated at Mariner's Park, commonly known as Momoe 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. known as County, Florida. County leases to the Officer the premises which is commonly Momoe 2. TERM. The term of this agreement is one year commencing on April 1, 2009 and running through March 31, 2010. 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 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 for the of Six Hundred Seventy-One Dollars ($671.00) 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. 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". 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 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 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 7 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: Address For the County: Dent Pierce Division Director Public Works 1100 Simonton Street Key West, FL Telephone: 305-292-4560 Telephone 14. 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) EXlITBIT 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 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. 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 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. 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 George Neugent WITNESS for DEPUTY: ~~~ .1.- Signature ~ \~~u \~ ~,~G- Print Name Print Name ~~ Ignature o 13 W/TL72=72S Print Name MONROE COUNTY ATTORNEY APPROVED AS TO FORM: C!z~~ I g ~~O~Jf-.PYiltJ1rn.tJ CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date ~/.:LjDq EXHIBIT A Sheriff SliBSTATIONS Freeman Substation 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305) 745-3] 84 FAX (305) 745-3761 Marathon Substation 3103 Overseas Hwy. Marathon, Fl 33050 (305) 289-2430 FAJ< (305) 289-2497 IslamOlllda Substation 87000 Overseas Hwy. lslamolllda. FL 33036 (305) 853-7021 F AJ< (305) 853-9372 Roth Building 50 High Point Road Tavernier, FL 33070 (305) 853-321 I FAJ< (305) 853-3205 DETENTION CENTERS Key West Det. Center 5501 College Road Key West, FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Del. Facility 3981 Ocean Tem.ce Marathon, FL33050 (305) 289-2420 FAJ\(305)289-2424 Plantation Det. Facility 53 High Point Road Plantation Key, FL 33070 (305) 853-3266 FAJ< (305) 853-3270 SPECIAL OPERATIONS P.O. Box 500975 Malllthon, FL 33050 (305) 289-2410 FAJ<(305) 289-2498 AVIATION DIVISION 10100 Overseas Hwy. Marathon, FL33050 (305) 289-2777 FAJ< (305) 289-2776 COMMUNlCA TIONS 2796 Overseas Hwy. Marathon, FL 33050 (305) 289-2351 FAJ< (305) 289-2493 :Monroe Countg Sheriff~ s Office !R.pbert P. Pe'!Jamj Sheriff 5525 Co{fege 9{patf :JCey <West, ;rforida 33040 (305) 292-7000 :JJ!tX: (305) 292-7070 1-800-273-COPS W/:IJW./(egsso. net January 14, 2009 Monroe County Public Facilities Maintenance 1583 South Roosevelt Boulevard Key West, FL 33040 To Whom It May Concern: I have selected and recommended that Deputy continue to live at the Monroe County house located at . I appreciate your assistance and please feel free to contact me if you have any further questions at 305-745-3184. Sincerely, ?;~~Z-~% Lieutenant Eugene ompson Commander, Sector One ~ ,~ ~ ~t, t '; i ',~. -,:" '.:~Y:." .'_ '.. " ~--":~.'_~ . ACORD.. ~T11IM1WDM') 06 03/09 IS CERTIFICATE IS ISSUED AS A MA. OF I RMAnoN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOlDI!R. THIS CERTlFlCATl: DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE MODUCl!I't South.rnmost Insurance Agency 1010 Kennedy Drive, suite 300 Key West FL 33040-4133 Jan Marie W..t:herhead a COVPNN A Ci tiZ4mS Property Ineuranee cot.PAH'f B COMPANY C THIS 18 TO ceRT1FY THAT THe POLICIES OF IN8URAHCI! lISTED Bl!l.OW HAVIi B&liN ~ TO THe INSURED N.WED ABOVE FOR THe POUCV PeRIOD INDICATED, ND1WITHSTANOING N<< REQUIR!M1!!NT. TeRM OR CONOmON OF AH'f CONTRACTOR OTHER DOCtAEMT WITH RBSPeCT TO WHICH THIS CERTlFICATE MAY BE ISStJeO OR MAY PERTAIN. 11iI! IN8l.lRNroE AFFORDED BY THe POl.IClE!$ OESCRl8l!D HEREIN 18 SU8JECT TO All ntE TeRMS, EXCUJaION$ AND CONDITIONS OF SUCH POlIC!!&. UM/T$ SH01/IIH NAY HAVI! IlI!I!N RI!OUCI!Il BY PAD CLAIMS. ff.t 1VP& Ol' INSI.IIWtCa A X PROPIlRT\' CAUSES OF LOSS !ASIC BROAD SPECIAl.. I!ARTHQUAKE FLOOD A X L.iabili ty POUCV WMBllR POLICY DATE (IIMIDDIYV) 04/10/08 COVIMD PROPER'lV I.lIIIT8 FRJH3747128010000 DUIlDlNG ~NAL PROPI!RTV BUSlNl!SS INCOMI! EXTRA IOO'ENSE IlLNI<ET BUILDING 8l.ANI<ET PERS PROP lIl.ANI<ET BLDG & PP liabili ty , $ 25000 . . . I . . 300000 $ . . . $ $ $ . I . . . IIIUlHD MARINI! TYPE OF POLICY CAUSI!S OF LOSS KAMED PelUI.S OTHeR CRIME TYPE OF POLICY . .~~--'fv \... .'.1, _ ~. :,___" . . ICIIU!R & IIACHRfaRY OTHER LOCATION OF PRIlUSIIfID!SCRTlOH OF 8l'EfAL CONIllTIOHSIOTIfB\ COIIERABes Certificate Holder is Additional Insured Monroe County, BOCC 3593 S. Roosevelt Blvd Key west FL 33040 ~ ~~~,,;;-~ f -~~::~~~__~d~' .~... .:'. :tJ..~_~ ~t _~_~!... ~ ~ -1:.:." .~~r.", _ w..~~ .!~~\.:!.__ _31L~~,"~:~~~'-~~;:]:<-I:,-~liQ'J_~ '.~~' EXHIBrT' "C" ...~ ~~ oovmu<<Il ~~~, T. ~ OCNNIISICNBI. DBPMDaDn'r. 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