01/20/2021 Agreement ?`::;‘. Kevin Madok, CPA
5, �; Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: January 28, 2021
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis, Administrator
FROM: Pamela G. Hanco .
SU$JECF: January 20th 13OCC Meeting
Attached is an electronic copy of the following item for your handling:
C33 Interlocal Agreement between Monroe County, die City of Key West,and the
Housing Authority of the City of Key West for Poinciana Gardens funding.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
POINCIANA GARDENS FUNDING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this 20th day of
January, 2021 by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, FL, 33040, (hereinafter
"COUNTY"), the CITY OF KEY WEST, a municipal corporation of the State of Florida, whose
address is 1300 White Street, Key West, Florida 33040 (hereinafter "CITY"), and the
HOUSING AUTHORITY OF THE CITY OF KEY WEST, a body politic created by the City of
Key West through F.S. 421.05 under the laws of the State of Florida, whose address is 1400
Kennedy Drive, Key West,Florida 33040 (hereinafter"KWHA").
WHEREAS, at the CITY's request, KWHA constructed an Adult Assisted Living
Facility (ALF) known as Poinciana Gardens; and
WHEREAS, Poinciana Gardens was constructed on property owned by the KWHA
known as Poinciana Plaza; and
WHEREAS, KWHA owns the land and improvements and currently administers the
operation of Poinciana Gardens; and
WHEREAS, the CITY, the KWHA and the COUNTY have expressed a shared interest in
providing an ALF facility for the residents of the CITY and COUNTY; and
WHEREAS, the COUNTY has operated an ALF for many years and has the knowledge,
experience and personnel needed to operate an ALF; and
WHEREAS, the KWHA, the CITY and the COUNTY have entered into discussions over
the ownership and operation of Poinciana Gardens being transferred to the COUNTY; and
WHEREAS, Poinciana Gardens provides the senior citizens of Monroe County with the
ability to age in place by assisting with elder care needs such as well-being checks, around the
clock caregiver services and supervision of medications; and
WHEREAS, Monroe County finds that providing these elder cares services serve an
invaluable public purpose for the senior citizens of Monroe Country; and
WHEREAS, in the interim, the COUNTY and the CITY have committed to providing
funds for one year(fiscal year 2021) for the continued operation of Poinciana Gardens;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. TERM. This term of this agreement shall be one year, beginning October 1, 2020 and
terminating on September 30, 2021.
2. FUNDING AND PAYMENT. The COUNTY and the CITY shall each pay to the
KWHA $400,000 for ALF operations during fiscal year 2021. Said payments shall be
made in 1/12 increments. KWHA shall submit to COUNTY and CITY invoices with
current financial statements as acceptable to the County Clerk and the City on a
MONTHLY schedule in arrears. Acceptability to the Clerk and City is based on
generally accepted accounting principles and such laws, rules and regulations as may
govern the Clerk's and City's disbursal of funds.
3. MANAGEMENT. The KWHA shall be solely responsible for the operation,
management and administration of the Poinciana Gardens ALF facility. The COUNTY's
and CITY"s sole obligation and duty pursuant to this agreement is to provide the funding
as set forth in the terms of this agreement.
4. RECORDS — ACCESS AND AUDITS. All parties shall maintain adequate and
complete records for a period of four years after termination of this Agreement. Each
party, its officers, employees, agents and auditors shall have access to the other parties'
books, records, and documents, related to this Agreement upon request. The access to and
inspection of such books, records, and documents by the parties shall occur during the
regular office hours or as agreed.
5. RELATIONSHIP OF PARTIES. The parties to the Agreement are independent of each
other and shall at no time be legally responsible for any negligence on the part of the
other parties, their employees, agents of volunteers resulting in either bodily or personal
injury or property damage to any individual, property or corporation.
6. TAXES. The parties are not subject to taxes and assessments.
7. INSURANCE. The parties to this agreement stipulate that each is a state of
governmental entity as defined by the Florida Statutes and represents to the other that it
has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self-insured, in amounts adequate to respond to any and all claims under
federal or state actions for civil rights violations, which are not limited by Florida
Statutes Section 768.28 and Chapter 440, as well as any and all claims within the
limitations of Florida Statutes Sections 768.28 and Chapter 440, as well as any and all
claims within the limitations of Florida Statues arising out of the activities governed by
this agreement.
8. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, the parties shall comply with
all public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and conditions
that Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
9. HOLD HARMLESS. COUNTY, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous actions, which
result in claims or suits against either COUNTY, KWHA or CITY, and agrees to be
liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts.
KWHA, as a political sub-division of the State of Florida, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous acts, which result in claims or
suits against either the KWHA, CITY or COUNTY and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.
CITY, as a political sub-division of the State of Florida, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous acts, which result in claims or
suits against either the CITY, COUNTY or KWHA, and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by
either party to be sued by third parties in any matter arising out of this or any other
Agreement.
10. NON-DISCRIMINATION. The parties, each for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person shall be discriminated against in the provision of
services or award of contracts under this Agreement as provided under Federal and Sate
law, and applicable local ordinance on the grounds of race, color, or national origin.
The Parties agree that there will be no discrimination against any person, and it is
expressly understood that upon determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The Parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) The title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss, 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to the nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental, or financing of housing; 9)The Americans with
Disabilities Act of 1990 (42 USC s. 12101), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; (11) Code of Ordinance of the City of Key West
Section 38 Article III and Section 38-260 and (12) any other nondiscrimination provision
in any Federal or state statutes which may apply to the parties to, or the subject matter of,
the Agreement.
11. TERMINATION. COUNTY and CITY may terminate this Agreement at any time upon
ninety days notice to the other parties. Parties understand that such termination action
prior to the effective date of termination will cause KWHA to provide forty-five days
notice to Poinciana Gardens Residents to Quit and Vacate the Facility. Following the
effective date of termination, COUNTY and CITY shall have no further funding
obligation.
12. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its
obligations under this Agreement other than as specified without the approval of the
governing boards of the other Parties. All the obligations of this Agreement will extend to
and bind the legal representatives, successors and assigns of the Parties.
13. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Agreement shall
be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs subject to the limitations of Section
768.28 Florida Statues.
14. ETHICS CLAUSE. KWHA and the CITY each warrant that is has not employed,
retained or otherwise had act on its behalf any former COUNTY officer or employee
subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY
officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the COUNTY may, in its discretion, from the agreed payments
or otherwise recover the full amount of any fee, commission, percentage, gift or
consideration paid to the former COUNTY officer or employee.
15. CONTRUCTION. This Agreement has been carefully reviewed by each of the parties.
Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
16. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
KWHA:
Executive Director
1400 Kennedy Drive
Key West, Florida 33040
CITY OF KEY WEST
City Manager
1300 White Street
Key West,Florida 33041
17, FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understanding, whether written or oral. This
Agreement cannot be modified or replaced except by another written or signed
agreement.
40(a,
:�-Q� .. ' . IN WITNESS WHEREOF, each party has caused this Agreement to he executed by its
v\ orized representative.
BOARD OF COUNTY a ulo ISSIONERS
,,. 1 vai^tT:KEVINM OK,CLERK OF MO 0 • at 'T FLO: U .
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By: MP
As Deputy C erk Mayor
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lµAt.t.- Mayor
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HOUSING AUTHORITY OF THE CITY
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ATTORNEY
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Dote 1/28/21