08/18/2021 Agreement ==4,R GOEJRTQ`11
%O`.'•6 Jy u'oLR�Q �� Kevin Madok, CPA
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-: y = Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: September 13, 2021
TO: Roman Gastesi
County Administrator
Lindsay Ballard,Aide
to the County Administrator
Liz Yongue
Executive Assistant
FROM: Pamela G. Hanco tt.C.
SUBJECT: August 18th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
R7 Interlocal Agreement with the City of Key West and the Key West Housing
Authority to provide three years of funding for Poinciana Gardens.
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 FUND_ING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this 18th day of August,
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 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, 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, on January 20, 2021 the COUNTY previously approved an ILA with the
CITY and the KWHA to provide funds for one year (fiscal year 2021) for the operation of
Poinciana Gardens; and
WHEREAS, the CITY, the KWHA and the COUNTY desire to enter into a funding
agreement for the continued operation of Poinciana Gardens for fiscal years 2022,2023 and 2024;
and
WHEREAS, the COUNTY wishes to close Bayshore Manor and KWHA has agreed to
accept the residents of Bayshore Manor at below market rents with the understanding that the rent
may be raised over the three year term of this Agreement
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 three years, beginning October 1, 2021 and
terminating on September 30,2024.
2. FUNDING AND PAYMENT. The COUNTY shall provide $1,800,000 payable at
$600,000 per year to the KWHA for ALF operations during fiscal year 2022, 2023 and
2024.Provided however upon written request from the Executive Director of the KWHA,
and with the recommendation of the County Administrator, the KWHA may make a
request to exceed the$600,000 per year in funding from the COUNTY in any fiscal year
if additional funds are needed during said fiscal year,provided however the total amount
shall not exceed $1,800,000 over the three year term of this agreement. Such request shall
require the approval of the Monroe County BOCC.
The CITY shall pay up to $400,000 during the City's fiscal year 2022, up to $300,000
during the City's fiscal year 2023 and up to $200,000 during the City's fiscal year 2024 to
the KWHA for ALF operations, as is necessary. Said payments shall be made in 1/12
increments not later than 30 days after presentation of the invoice by KWHA.KWHA shall
submit to COUNTY and CITY invoices with current financial statements 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.
To the extent additional funding is required the KWHA shall contribute up to$200,000 per
year towards ALF operations during fiscal year 2022,2023 and 2024.
To the extent required by law, each parry's performance and obligation to pay under this
agreement is contingent upon annual appropriations by that party's respective governing
body.
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.
The management and use/employment of COUNTY employees by KWHA shall require,
and be governed by, a separate bi-lateral agreement between the COUNTY and the
KWHA. Such agreement shall not be subject to approval by the City.
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 #13e
regular office hours or as agreed.
5. RELATIONSHIP OF PARTIES.The parties to this 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 or 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 or e€
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 Statutes 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, upon request by
Monroe County. 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 State 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 11, 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.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.
12. 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
Statutes.
13.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.
14. CONSTRUCTION. This Agreement has been carefully reviewed by each of the parties.
Therefore, this Agreement is not to be construed against any parry on the basis of
authorship.
15.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 33040
16.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.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
,„ 0,ct,j,,,,, IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its
fit r " dal Authorized representative.
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k , -� j i (S i9 BOARD OF COUNTY COMMISSIONERS
i r A=i°X S :KEVIN DOK,CLERK OF MONRO '. P `TY,FLORl-
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Deputy erk Mayor
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HOUSING AUTHORITY OF THE CITY
Approved for legal sufficiency for reliance by the BOCC only. OF KEY WEST,FLORIDA
Digitally signed by Robert B.Shillinger /� /��}/(� — +(^/��
Robert B. Shillinger DN:[n=RabertB.Shillingero=MonroeCounryBOCC,ou=Monroe By: 4* ' '� ��p
County Attorney,email=Shillinger-bob@monroecounry-O.gov,c=US
Date:2021.09.101516:24-04'00' /►
Monroe County Attorney Title: l'a 1 , cW� a- Qo&�
STATE OF: FIOf‘C�i
COUNTY OF: 1vwm(OQ_,
Subscribed and sworn to (or affirmed)before me,by means of Q physical presence.or 0 online
notarization, on r' ?AI- ,A` .f..4- \o,ZuU (date) by F('aa.u...c- p(\A
(name of affiant). e,he is personally known to me or has produced
_ (type of identification)as identification.
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