09/15/2021 Agreement rt-°°`couRracO
Kevin Madok, CPA
-± "Aj Clerk of the Circuit Court&Comptroller-Monroe County, Florida
o~Roe couN'�•
DATE: October 26, 2021
TO: Roman Gastesi
County Administrator
Lindsay Ballard,Aide
to the County Administrator
Liz Yongue
Executive Assistant
FROM: Pamela G. Hancock, 1.C.
SUBJECT: September 15th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
T7 Employee Interchange Agreement with the Key West Housing Authority to
provide three employees to Poinciana Gardens.
Please be advised that the agreement calls for insurance with five days of execution:
7. INSURANCE: KWHA is fully responsible for providing any and all necessary insurance
for the Detailed Employees, including but not limited to: general liability, vehicle liability,
property damage, and professional liability. The amount of general liability, vehicle liability, and
professional liability shall be in the amount of$1 million per occurrence/$3 million aggregate
per year. The COUNTY shall be named as an additional insured on all general liability and
vehicle liability policies. Within five(5) days after execution of this Agreement, KWHA agrees
to deliver certificates of insurance showing applicable coverages to the COUNTY.
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
EMPLOYEE INTERCHANGE AGREEMENT
(POINCIANA GARDENS)
THIS EMPLOYEE INTERCHANGE AGREEMENT (hereinafter "Agreement") is
made and entered into this 28m day of September 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"), 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") (hereinafter, when referred to individually as "Party" or collectively as "Parties).
WITNESSETH
WHEREAS, Chapter 112, Part II, Florida Statutes, authorizes the interchange of
employees between governments, including counties and municipalities; and
WHEREAS, Section 112.24, Florida Statutes, provides that the details of an employee
interchange shall be the subject of an agreement between a sending agency and a receiving agency;
WHEREAS, on August 18, 2021, the Parties entered into an Interlocal Agreement to
provide funding for the Facility known as Poinciana Gardens; and
WHEREAS, the Interlocal Agreement memorialized the intention by the COUNTY to
close its Assisted Living Facility known as Bayshore Manor and to move the residents to Poinciana
Gardens; and
WHEREAS, the COUNTY currently employees several Certified Nursing Assistants at
Bayshore Manor; and
WHEREAS, the COUNTY, as the sending agency, wishes to detail three County
employee Certified Nursing Assistants(Martha Mathis Mack, Camelie Remond Riche, and Carine
Borgelin) to work for KWHA (the receiving agency) at Poinciana Gardens following the transfer
of the Bayshore residents; and
WHEREAS, Paragraph 3 of the Interlocal Agreement states that the management and
use/employee of any COUNTY employees by KWHA will require, and would be governed by, a
separate bilateral agreement between the COUNTY and KWHA, and further states that such
bilateral agreement would not be subject to approval by the City; and
WHEREAS,the Parties see a benefit and a public purpose in having the Employees work
at Poinciana Gardens to assist in continuing care to the residents who are being transferred, and
wish to spell out the details of the employee-sharing arrangement in an interlocal agreement.
NOW, THEREFORE,in consideration of the mutual covenants and provisions contained
herein, the Parties agree as follows:
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1. PURPOSE. The purpose of this Agreement is to allow for the detailing of the
three (3) employees named above (any one employee referred to as a "Detailed Employee" or in
the plural, "Detailed Employees")to provide Certified Nursing Assistant services at KWHA.
The Detailed Employees shall report to and be supervised by KWHA.
2. AUTHORITY. The COUNTY is authorized pursuant to F.S. 125.01, its
home rule powers, and F.S. 112.24 to enter into this Agreement. KWHA is authorized pursuant
to F.S. 421.08 and F.S. 112.24 to enter into this Agreement.
3. TERM: Pursuant to F.S. 112.24, the term of this Agreement shall begin on
September 28, 2021 ("Effective Date"), and shall remain in effect for an initial period of two (2)
years. Pursuant to F.S. 112.24(2), the Agreement may be extended with prior written agreement
of both Parties for a maximum of three (3) additional months. Notwithstanding any provision to
the contrary in this Agreement, the continuation of this Agreement beyond the end of any
COUNTY fiscal year is subject to both the appropriation and the availability of funds in
accordance with Chapter 129, Florida Statutes. In the event such funding ceases, COUNTY will
provide written notice to KWHA at the address provided below for Notice, and this Agreement
shall automatically terminate at the end of the then current COUNTY fiscal year, or sixty (60)
days after such notice provided by COUNTY, whichever comes first.
4. TERMS AND CONDITIONS. The employee interchange provided for by
this Agreement shall be performed under the terms and conditions set forth below.
a. The Detailed Employees shall continue as full-time employees of Monroe County.
b. Wages: The hourly wages paid to the Detailed Employees are currently in the range
of$22.16/hour(two employees) to $23.55/hour(one employee). The Detailed
Employees shall continue to receive their current wages, paid by the COUNTY. In
addition, the Detailed Employees are eligible for any wage increases, including cost
of living allowances and merit increases, available to other COUNTY employees
under the COUNTY's wage programs. KWHA shall make monthly payments to the
COUNTY in the amount of$15/hour for the hourly wages paid to the Detailed
Employees.
c. Supervision: The Detailed Employees shall report to one or more supervisors at
KWHA, who shall provide day-to-day supervision of the Detailed Employees.
d. Personnel Policies: In all respects, the Detailed Employees shall be governed by
terms and conditions set forth in the Monroe County Personnel Policies and
Procedures Manual ("Manual"). It is the responsibility of KWHA to familiarize itself
with the Manual and to ensure that the Detailed Employees are supervised in
accordance with the Manual.
e. Performance Evaluations: On a periodic basis as directed by the COUNTY, KWHA
will perform performance evaluations of the Detailed Employees. Monroe County
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shall provide the necessary forms and timetables to KWHA. KWHA shall perform
the evaluations and return the necessary forms to the COUNTY.
f. Unemployment: In the event that one or more of the Detailed Employees is awarded
unemployment benefits pursuant to Chapter 443, Florida Statutes, as a result of a
separation from employment that occurs during the term of this Agreement, the
COUNTY and KWHA will jointly be responsible for the payment of unemployment
benefits, on a pro rate basis in proportion to the wages paid to the Detailed Employee
by the COUNTY and KWHA. The COUNTY is a reimbursing employer. Therefore,
KWHA will be responsible for reimbursing the COUNTY for its proportionate share
of unemployment benefits, if such benefits are paid.
g. Overtime: The decision to require or authorize an employee to work overtime shall
be solely within the discretion of KWHA. In the event that overtime is authorized by
KWHA, notwithstanding the language in paragraph (b) above, KWHA shall pay the
entire amount of overtime pay, including the full amount of the employee's salary at
time and a half, as well as any and all employment taxes (employer's share of federal
income tax, Social Security, Medicare, and Federal Unemployment Tax Act) on the
time and a half for the overtime hours.
h. Florida Retirement System (FRS): The Detailed Employees will continue to be
participants within the Florida Retirement System. The Detailed Employees are
responsible for the employee share of contributions. The COUNTY will pay 100% of
the employer share of FRS contributions.
i. Medical Insurance, Pharmaceutical Plan, Life Insurance, and Voluntary Benefits:
The Detailed Employees will continue to be eligible to participate in the Monroe
County's medical insurance, pharmaceutical plan, County-provided basic life
insurance and AD&D, and voluntary benefits (dental, vision, supplemental life) on
the same terms and conditions as other County employees. On a monthly basis,
KWHA shall reimburse the COUNTY for the departmental contribution for the cost
of medical insurance and pharmaceutical plan for the Detailed Employees for the
actual cost of premiums paid by KWHA for medical insurance and pharmaceutical
plans for its full time Poinciana Gardens employees (employee cost only).
j. Leave: The Detailed Employees shall continue to accrue annual leave and sick
leave as specified in the Manual. On a monthly basis, KWHA shall reimburse the
COUNTY for eight(8) hours of Personal Time Off("PTO") at$15/hour per Detailed
Employee.
k. Holidays: The Detailed Employees are entitled to holidays as specified in the
Manual.
1. Workers' Compensation: In the event of injury or death in the performance of the
Detailed Employee's duties, that employee shall be treated as an employee of Monroe
County and Monroe County shall be responsible for providing such benefits. KWHA
shall promptly notify the COUNTY of the injury or death of the Detailed Employee.
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m. Background Checks: The County warrants that Level 11 AHCA background checks
as necessary for performance of job duties have been conducted by the COUNTY,
and each of the Detailed Employees has passed the necessary background check.
KWHA is responsible for conducting any and all further periodic background checks
necessary for the Detailed Employees, and shall supply 100% of the cost of same.
Any additional costs to keep licensing or certification current(such as training,
annual TB testing) shall be borne 100%by KWHA. Detailed employees are
responsible for their own Department of Business and Professional Regulation
('DBPR") Certified Nursing Assistance license renewal cost. In the event the
COUNTY obtains, or is provided, supplemental criminal background information,
including police reports and arrest information, which potentially disqualifies a
person previously deemed eligible by the COUNTY to provide any of the services
being provided by the Detailed Employees under this Agreement, the COUNTY shall
take immediate action to review the matter; however, during such review time and
until a determination of eligibility is made by the COUNTY based on the
requirements of this section, the COUNTY shall immediately cease allowing the
person to provide any of the services and shall notify KWHA of such information.
n. KWHA shall provide an established work area and all other necessary equipment and
supplies for the Detailed Employees, including but not limited to any necessary
uniforms.
5. SPECIFIC TO THE EMPLOYEES: This Agreement is specific and personal to each of
the Detailed Employees listed above. In the event that one or more of the Employees
ceases employment with the COUNTY, the Agreement shall not extend to any additional
employees.
6. LIABILITY: KWHA agrees to be liable for any and all damages proximately caused by
the acts, omission, or wrongful acts of its employees or agents. KWHA agrees to defend,
indemnify, and hold harmless the County from any and all claims arising out of the
wrongful acts or inactions of KWHA. Subject to and without waiving the provisions of
Section 768.28, Florida Statutes, the COUNTY agrees to be liable for any and all
damages proximately caused by the acts, omission, or wrongful acts of its employees or
agents. COUNTY agrees to defend, indemnify, and hold harmless KWHA from any and
all claims arising out of the wrongful acts or inactions of COUNTY. Nothing herein is
intended to serve as a waiver of sovereign immunity by either of the Parties.
7. INSURANCE: KWHA is fully responsible for providing any and all necessary insurance
for the Detailed Employees, including but not limited to: general liability, vehicle
liability, property damage, and professional liability. The amount of general liability,
vehicle liability, and professional liability shall be in the amount of$1 million per
occurrence/$3 million aggregate per year. The COUNTY shall be named as an additional
insured on all general liability and vehicle liability policies. Within five (5) days after
execution of this Agreement, KWHA agrees to deliver certificates of insurance showing
applicable coverages to the COUNTY.
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8. TERMINATION:
a. This Agreement may be terminated for cause by the aggrieved party if the
party in breach has not corrected the breach within thirty (30) days after
receipt of written notice from the aggrieved party identifying the breach.
b. This Agreement may also be terminated for convenience by either party by
providing six (6) months prior written notice to the other party at the address
provided below for Notice. Termination for convenience by COUNTY shall
be by the Board, which shall be effective on the termination date stated in
written notice provided by COUNTY, which termination date shall be not less
than six (6) months after the date of such written notice.
9. NONDISCRIMINATION: The Parties agree that there will be no discrimination against
any person, and it is expressly understood that upon a 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) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 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
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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 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 §§ 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; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
10. PUBLIC RECORDS: The COUNTY and KWHA shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the COUNTY and KWHA in conjunction with this Agreement;
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and the COUNTY shall have the right to unilaterally cancel this Agreement upon
violation of this provision by KWHA.
11. 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.
12. NO THIRD-PARTY BENEFICIARIES. Neither Party intends to benefit a third party by
this Agreement. Therefore, the Parties acknowledge that there are no third-party
beneficiaries to this Agreement and that no third party shall be entitled to assert a right or
claim against either of them based upon this Agreement.
13. NOTICES. In order for a notice to a party to be effective under this Agreement, notice
must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice shall
remain as set forth herein unless and until changed by providing notice of such change in
accordance with the provisions of this section.
FOR COUNTY:
MONROE COUNTY BOCC
County Administrator
1100 Simonton Street
Key West, FL 33040
Gastesi-roman@monroecounty-fl.gov
With a copy to:
Monroe County Attorney's Office
1111 12m St., Suite 408
Key West, Fl 33040
Shillinger-bob@monroecounty-fl.gov
FOR KWHA:
Housing Authority of City of Key West Florida attn: Executive Director
1400 Kennedy Drive
Key West, FL 33040
Email address: sterlingr@kwha.org
14. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or interest
herein may be assigned, transferred, subcontracted, or encumbered by KWHA without the
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prior written consent of COUNTY. COVENANT OF NO INTEREST. Neither Party
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that the only interest of
each party is to perform and receive benefits as set forth in this Party.CODE OF ETHICS.
The Parties understand and agree that officers and employees of the COUNTY are required
to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, as well as the Monroe County Personnel Policies and
Procedures Manual regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.NO SOLICITATION/PAYMENT. The COUNTY and KWHA each warrant
that, in respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this AGREEMENT
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the KWHA agrees
that the County shall have the right to terminate this AGREEMENT without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.GOVERNING LAWS/VENUE. This
Agreement is governed by laws of the State of Florida. 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.COMPLIANCE WITH LAWS. Each Party to this
Agreement shall comply in full with all applicable federal, state and local laws,regulations
and ordinances.This Agreement constitutes the entire Agreement of the Parties and
supersedes any and all prior communications, understandings and agreements with respect
to the subject matter of this Agreement, whether oral or in writing.
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.. --4 (3\-----,4')-VI\WITNESS WHEREOF, the Parties hereto have made and executed this Agreement
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7th clEkOf September 2021:
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)07 :, BOARD OF COUNTY COMMISSIONERS' %<•'-f----A.'5A515T1 tIST/ VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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By: \<141-1.-1^.44.1....,,,,,, „.„ By:
As Deputy Clerk Mayor
Date: September 15, 2021
HOUSING AUTHORITY OF THE CITY OF
KEY WEST
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Printed Name: FfilLICTOpplit.0
Title: Qi\diriAcIA. DC-- -kr._ Expacci
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Approved as to form and legal sufficiency:
Monroe County Attorney's Office
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