Item C33 C.33'
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: C.33
Agenda Item Summary #7756
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of Interlocal Agreement for Poinciana Gardens funding.
ITEM BACKGROUND: Monroe County Board of County Commission (COUNTY) and the City
of Key West(CITY) shall each pay to the Key West Housing Authority (KWHA) $400,000 for
operations during fiscal year 2021. In addition, the KWHA, the CITY and the COUNTY have
entered into discussions over the ownership and operation of Poinciana Gardens being transferred to
the COUNTY as the COUNTY has operated an ALF for many years and has the knowledge,
experience, and personnel needed to operate an ALF.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Social Services -Poinciana Gardens Funding - City-Monroe County-KWHA ILA 12-21-20 FINAL
FINANCIAL IMPACT:
Effective Date: 10/01/2020
Expiration Date: 09/30/2021
Total Dollar Value of Contract: $400,000
Total Cost to County: $400,000
Current Year Portion:
Budgeted: Yes
Source of Funds: 304-22028-530340-CM2102-530340
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CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
02/17/21 NEW COST CENTER ADDED $400,000.00
304-22028-CM2102
REVIEWED BY:
Sheryl Graham Completed 01/07/2021 11:16 AM
Pedro Mercado Completed 01/07/2021 11:35 AM
Purchasing Completed 01/07/2021 11:39 AM
Budget and Finance Completed 01/07/2021 11:55 AM
Maria Slavik Completed 01/07/2021 11:56 AM
Liz Yongue Completed 01/07/2021 12:10 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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C.33.a
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
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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").
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WHEREAS, at the CITY's request, KWHA constructed an Adult Assisted Living Facility
(ALF) known as Poinciana Gardens; and
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WHEREAS,Poinciana Gardens was constructed on property owned by the KWHA known W
as Poinciana Plaza; and 2
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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 0
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
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WHEREAS, Monroe County finds that providing these elder cares services serve an a
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;
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C.33.a
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
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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 0
sole obligation and duty pursuant to this agreement is to provide the funding as set forth in 0)
the terms of this agreement.
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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 parry, 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 u
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. CL
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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 v)
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 E
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.
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C.33.a
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 Z
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 0
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute 0)
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.
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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 U)
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 c
intentional tortious acts.
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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
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C.33.a
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 9
applicable local ordinance on the grounds of race, color, or national origin.
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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 s
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 2
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which 0
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) �a
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 0
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 i�
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, v?
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 U)
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, E
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
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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.
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13. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of T-
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 c
prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee 0)
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:
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COUNTY: CL
County Administrator
1100 Simonton Street
Key West, FL 33040 U)
KWHA: c
Executive Director
1400 Kennedy Drive E
Key West, Florida 33040 c,
CITY OF KEY WEST
City Manager
1300 White Street
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C.33.a
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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative. M
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor
(SEAL) CITY OF KEY WEST 0
ATTEST:
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By: By: c
Deputy Clerk Mayor
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HOUSING AUTHORITY OF THE CITY
OF KEY WEST, FLORIDA
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By:
Title:
STATE OF:
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COUNTY OF: '
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification. U)
NOTARY PUBLIC
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