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Item E14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 19.2008 Division; Public Works Bulk Item: Yes ~ No - Department: Facilities Maintenance Staff Contact Person: John W, King AGENDA ITEM WORDING: Approval to amend a one-year residential lease agreement with Monroe County Sheriff's Deputy residing in a Monroe County-owned residence. ITEM BACKGROUND: The Deputy was previously in Location A and at the request of the County moved to Location B as the County needed Location A for another purpose. The lease for Location B was approved prior to all repairs being done, so the Deputy was unable to occupy the premises until Aprill,200S. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2008, the BOCC terminated a lease for Monroe County Sheriffs Deputy at Location A and approved a residential lease for Location B. CONTRACT/AGREEMENT CHANGES: Amend Residential Lease to commence April I, 2008 and terminate March 31, 2009. STAFF RECOMMENDATIONS: Approval TOTAL COST $ .0- BUDGETED: Yes - No - COST TO COUNTY: $ same SOURCE OF FUNDS: Revenue REVENUE PRODUCING: Yes -X- No_ AMOUNT PER MONTH..t.OO- Year $.00 APPROVED BY: County Atty._ OMBlPurchasing ~ Risk Management ~ DOCUMENTATION: Included ----X-_ Not Required__ DISPOSITION: AGENDA ITEM # Revised 2/0S MEMORANDUM DATE: October 23, 2008 TO: Dent Pierce, Division Director Public Works FROM: John W. IGng, Sr. Director Lower Keys Operations RE: Agenda Item - November 19,2008 BOce Meeting Lease Amendment - Monroe County Sheriffs Deputy At the J aIlUary 16, 2008 BOeC meeting a residential lease with a Monroe County Sheriff s Deputy was tenninated at one location and approved for another location, Monroe County need the flISt location for another purpose and the Deputy agreed to move to another location to accommodate the County. The location that the Deputy was moving into needed repair as it had been vacant for a period of time. This work was not completed for the commencement date approved on the lease at the January 16 meeting, 50 the Deputy was not able to move IIntil April 1, 2008 [ hereby request amending the one-year's residential lease agreement with the Sheriff's Deputy to commence April t, 2008 and tenninate March 31, 2009. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTSU~Y Contract with: MC Sheriff's Deputy Contract # - Effective Date: April 1, 2008 -- Expiration Date: March 31, 2009 Contract Purpose/Description: Amend Residential lease with Law Enforcement Officer -- -- Contract Manager: 10 B. Walters 4549 Facilities Maint'Stop #4 (Name) (Ext.) (Department/Stop #) for BoeC meeting on 11/19/08 Agenda Deadline: 11/04/08 CONTRACT ~JREVENUE Total Dollar Value of Contract: $ 4,824.00 Current Year Portion: $ 2,412.00 Budgeted? Yes X NoD Account Codes: - - - - - --- Grant: $ N/A - - - - ------- County Match: $ N/A . - - - ------ - - ---~-- ADDITIONAL COSTS Estimated Ongoing Costs: $~/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Date Out County Attorney YesD No~ Comments; -----:-- OMB Form Revised 2/27/01 MCP #2 RESIDENTIAL LEASE AMENDMENT WITH LAW ENFORCEMENT OFFICER THIS AMENDMENT is made and entered into this _ day of , 2008 by the parties, MONROE COUNTY, a political subdivision of the State ~ is 1100 Simonton Street, Key West, Florida 33040, ("County"), and a Law Enforcement Officer(s) of the Monroe County Sheriffs Office, ("Office . WHEREAS, the parties hereto did on January l6, 2008 ellter into a Residential L:ase (hereinafter "Original Agreement"); and WHEREAS, the Original Agreement was executed at the County's request so that the deputy ~ldrnOYetothe .. . as a temporary fIre station during the construction of the new Big Pine fire statton, and; WHEREAS, the _ had been vacant for seveml months and was in need of repair to make the residence habitable; this work was not completed WItil Aprill, 2008, and; WHEREAS, both parties desire to amend the Original Agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I. Paragraph 2. ~ The term of this agreement is ODe year commencing on Aprill, 2008 and running through March 31, 2009. 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 liabl~ for r<:nt at a rnte of $20.00 (Twenty DoJlalli) 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. 2. In all other respects, the original agreement dated January 16, 2008 remains in full force and effect. 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 COUNlY, FLORIDA By: By: Deputy/Clerk Mayor WITNESSES for DEPUTY: ~ ~~ Deputy Signature .....,J 0 u.Jtri..T ai-;z..5. J Print Name Print Name 2..L~ 1 .1-. ,~ :~~re~ ~. (l.,~& Print Name , . , . . RESIDENTIAL LEASE WlTHLA_FFlCER This Agreement is made and entered into by the parties. MONROE COUNTY, a political subdivision of the State of P10~O Simonton Street, Key West, Florida 33040, ("County"'), and a Law Enforcement Ofticer(s) of the Monroe County Sheriff's Office, ("Officet'). WITNESSETH: WHEREAS, the CoWIty owns a residential premises ("premises") Si'~ com.tnOIJ1y known as ."_ 1 Monroe County, Florida and; WHEREAS, the County believes the presence of a law cmorcement officer residing: at ttH, premises des<mbed in thi~ agreement would deter vandalism Illld 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 bas decided that at the present time it is in tb County's best interest to enter into a lease with the Ofticer(s) to provide the detmence desoribed; Now, therefore. the parties agree as follows: ~wn ~~~TY. County leases to the Officer the premises which is commonly . - . , Monroe County, Florida. 2. ~ The tenn of this agreement is one year eormnenoing on February 1, 1008 and running through January 31. 2009. There is no automatic renewal of this agreement. In the event that the Officer does not vacate the premises ami surrender them to the County upon tennination of the Agreement, Officer will be liable for rent at a rate Df $20.00 (Twenty Dollars) per square' foot per month prorated for the time helshe continues to occU.JlY 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 residentilll premise. If the premises are used for any other purpose. the County shall have the option of immediately tennina1:ing this agzee.mCDt. The Officer shalll10t permit any use Df the premises in any manner that would obs1ruct or interfere with any County function our duties. I The Officer will further use and occupy said premises in a careful and proper IDBIIIleC, and not commit any waate thereon. The Officer shall Dot cause. Or allowed to be caused, any nuisance or objectionable activity of any nature OIl 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 my present 01 future ordinances and/or rules, regulations, require.rnents and orders of govemmental authorities or agencies :respecting the use and occup!lt:ion of $aid premises. The Officer acknowledges that if he or she ceases to be employed as a law enforcement Officer during the te:rm of the lease, for any reason whatsoever, the lease is tenninated.. 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 ~ 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 immedi8.te family or an approved non-law enforcement rnnmmll.te shall occupy the premises. The Officer agrees to clean the premises at the end of the lease and to mum it to the same condition tbat it was in when the Officer accepted the bouse. The Officer agrees to pay say fces that the County mc\ll'S to clean the premises if necessary after the officer vacates the premises. 4, RENT AND SECURITY DEPOSrr~ the useSJfthe ~ Officer shall pay the COunty the curn:nt rent for the or month. said p8)'DlCllt due on the first da.y of the month, The Officer shall pe.y a security deposit in the amount equal to one months rent to the C<lunty prior to occupancy. The monthly payment !ball be remitted to 1:be Monroe COl.mty Clctk of Courts, Finance Department, 500 Whitehead Street. Key West. FL 33040. S. 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 sball be 81 the expense of the County. The Officer shall mange for and provide residential electric service. telephone service, IlIld cable telovision service, at his or her own expense. The cost of CODneCtions for residential telephone setVice and cable television service shall be paid for by the Officer. 6. CONDmONS. 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 Sberiff's office and empowered to Il1Bke arrests under the laws of the State of Florida; c) he or she will IlOt sub-l085C the premises DOl' assign any obligation, benefit Dr dlJty created under this Agreement, without written consent of the County. d) belshe shall have a letter of permission from hislher Agency Head permitting Officer to execute Agreement which shall be attached to this Agreement as Eshfhit "A!'. 7. DUTIES .AND REPORTING, The Officer shall, at least twice eac.h 24 hour period, conduct an inspection and walk through of the property, and shal1 check for any signs of theft. vanillll,mn, and shall question., and if necessary remove, any unauthorized or suspicious pcr80ns found on site. The Officer shall also note in writing my damage, safety bazsrds, civil or criminal activity observed during his or her inspection and shall inform the Division Director of the County's Public Worlm Department of any such hazards in writimr within 2 days or immediately if the insp~on reveals a criminal act, or possible danger to a member of the public. In addition to the above, a regular report on the iDspectiOJlS shall be forwarded to the Officer's superior and to the Division Director of Monroe County Public Works on the last day of each m.onth 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 ClJpy of mIY docwnmt ~ sha11 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 COUN1'V. This Agreement may be terminated before the expiration of a one year tenD, with or without cause and in the sole discre1ion the County. upon a) 60 days written notice by the County to the Officer. b) 30 daY5 written notice by the ComIty 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 thi5 agreement; ill) 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 infOIm MoW'OC County Public Works of any observed safety hazards as roqu:imi under this Agreement; v) The Officer leases the premises are assigns any iaterest without the required consent under this agreement; c) 15 days notice by the County to the Officer in an emergency situation, 9. J'ERMINATION BY OFFICER. The Officer may terminate this Agreement upon 30 days written notice to the COlUIty if he or she transferred to a substation whose location would make it impractical to continue to reside at the residence or if tile 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 510,000 (fen Thousand Dollars) in pcrsonalliabllity 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 iDsurance. The Officer agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims. for bodily injury, and property damage (including property owned by Monroe County) a:cd any other losses, damages, and expenses (including attoIney's fees) which arise out ot; 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 soction 8 of this Agreement. 11. D~GE TO ANIMALS OR PLANTS BY PETIS). The Officer shall have sole reSponsibility for any daIllage, harm, nuisance, claim or other liAbility which arises as result ofthc Officer(s) keeping petli are otha anima.ls on the premises, including the parking area upon which the rental premises is situated. This provision especially applies to the taking of endaDgered or threatened species of animals as a result of the action of the Officer's pet(s). Officer shall maintain proper mrtreint safeguards to ensure 1I.gai.lut takings and sball be solely liable for takings which occur; regardless of the degree of care the Officer has exeroislld 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 10 the County, and receive written permission from the Division Director of Monroe County Public Works prior to makiDg any alte!8iiollS and/or modifications. 13. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by certified inail to the following: ~ For the County: DeIlt Pieree Division Dinctor PubIc Worb Si 0 Officer 1100 Simonton Street Print Name KeyWest,FL Telephone: 3{)5-192-4560 Address 14. ATI'ACBMENTS. The following documenu are required to be att:acl1ed 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 ClATe Certificate This Agreement .ball not be effective untilsipiDg by aU parties and by attachiog all fnIly completed ExhibitlJ to the Agreement. 15. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD: It is specifically agreed that the O:fIicer 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 insuxance, retirement benefits, or social security benefits because of this Agreement; and that any acts performed \lI!der this Agreement by the Officer are strictly in bislhor capacity and under hislher 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 comm:umcations are part of the Agreement If the Calmty waives any breach of the contIact, that waiver shall not waive the covenant or conditions breached not any later breach of any or part of the contract 17. MODIFICATIONS. If "!he 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 WSIVENUE. This Agreement shall be gClVerned by the laW! of the State of Florida. and the United States. Venue for any dispute arising under this agreement mUllt be in Monroe County, Florida. The County and Officer specifically asree 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) 8!'e tn be applied lIS goveming this Agreement or use as constructing provisions of this Agreement. 19. ~DIATION. The parties agree to mediatb any disputes'ooder 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 tenn and provision of this Agreement shall be valid and enforqeable to 1he fullest extent pennitted by law. IN. ~S WHEREOF, the parties hereto have been executed this Agreement as of .:ttieda(e~fuSt;Written above. 'I""'''--=;~ ""'I.,,,,.::.:-.~ ,/ii~~i'~ BOARD OF COUNTY COMMISSIONllRS ';~. ,'; '~;,~' '::,s -\ /' ; t. KOLHAGE, CLERK. OF MONROE COUNTY, FLORIDA .( '. ..,~~~ ~- "\~~~-' .'" P By: Mayor Charles" onny" McCoy WllNESS for DEPUTY: ~ U . t:" ..;" Signature "'\~~ ,~ . ~'b':"c.:.- PriDt Name Print NlIIJl.e ~ ignature ~ 13. WAl.r~J2S a Print Name . murr A - Sheriff Monroe COU1tI:fI Shuiffs Offia !/(ichtml 'lJ. ~t14 Sfttrlff 5525 CoffqJt ~fMl' 'Xpj 'Mrt,!/fDrM4 .J304O (JOS)2!12.7(XJ() 13U': (JD5)292-7070 1~7J.CaP.s fIIWfI),f;,gsso.Mt ~1lWS! 1..."IIllIA ~"""'loa 'ol'lIOUm""",tIto]<. July 20, 2007 ['......"-v.I'I. 'I'W: -11U1j"O:"1: llR.l ~.. ~ ,;111;';1 '~'''''7&1 Monroe County Public Facilities Maintenance ~......~ 35&3 South Roosevelt Boubard .11l1JIl.........Hwy. , Key West, Florida 33040 ~__.... F\..tXISU '. ...c.tt-I~J.t.'\U h\~l.~'!wI-:l-le1 AtteJ1'/iQS1: Jo B. Walttrs ~~I~:RuhIru.lflll J rccoounend renowins 1ba leaso for Deputy _ l/lla'llm._ t1"'l' I.. the b.fonrcle ~_I'_Jllllll I.IIK,lI~l.ml County h0U86~ 8tt l'.\X r;VUII,\}-'I:m ko"'lIIIlkJl9f. 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OOUDty, BOCC 8IIT 'Al.UltlTO __.ucIl_ BHMJ._INO __ 011 LIAIILI'I'r 3583 S. Jtoo...,.J.t Blvd -- _..INTAT-. Kay "at FL 33040 . '.- . I!XHlBrf "C" ..~ ~ll ~"""~ . LAWI'ON CiIILBS T.~~ 00\ID1U. DBPAI!DIDII'OP t.A.w"SNllCllC2NBHT STATE OF FLORIDA TBE,.C.OMMISSION ON . . . C~fli~S{lCE STANDARDS ': .;:'.~'N AND'~G '. '._' , . f.. . ,': .:.'.c. L ;;,<. ' " ~ .: y~. ' . .....~~.,t#~- '.,:~. :.,: "'~ ';' .IL ~r.~: ~. '. ~ . _~tD. : ~'-='",,'. ... ."..'" '..~ ~~. J. ,I I., ..... 'It -.:. ., . . ~.. .. . . .. .' \ ~;. .. . t-/'!;~' .:', . ~.o;l.''.'''' . . . I' ..' .:. .'~~' . :< "'.\:",.'41-.1. ':";1 \ 'Jt:"h 'I' ~' .f';;.; .' ,'; ;..; ~6', . ,..,.. t " .~.. . .~: ....~ _, . .. 1'. +.. ~}~'. "to&: .,1.."(' .:' fi, ," '., .~..;;:,-~ ," '. ". .... .~. < f" r.' 'I ,..':(.: . ."."" .r "". .: (.;.~ .:" ,,-,' ~: ,,' .............~ \.. ~,.,~ .... . ,'. . " 11:" '1. F ...~ .~., .,....'. ~l>.\...l:I'lo..~ ...~; ,'J."'".." :'.'1. ."'J1r'l'~'1 . . .\.~'r" 'I' ;;. ~ "(',..~.(...~t) .. .' . J- -. ... '. ..: -: t"t . ';... ..~ II! . ::.; ,~ '{It. " ;' r. . .' ,.... -, " .. .,"NI'~ .......~, Ii:'J.. "". '.1..... . . ~~.=E7~,:~,:- .~:.:~.:;...~. #,.-:' '\..~::~~~:~:_< <:~r: ..' . . - " , For baviDa fiII1iUId the nquiremIatI far trIiDiDa IS pnscribed in Chapter !N3 of Florida St1Itules ..A4f1<. ~ . ~ \VI1.I.IAM A. LIQUORI.. A. LBONLOWI.YIl. DIIIlC.'t'Ca CIUNlNAL JOSTICZ ~ARDS DMIIlDR ~ cmYDW. JUI'1'IC8 AND'I1WNING ccu.oBSlDN BTANDMDS AND 'ItWNINO - ' .