Item C29 C29
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
October 16, 2024
Agenda Item Number: C29
2023-3165
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING: Approval of the Interlocal Agreement between Monroe County
(BOCC), the City of Key West, and the Key West Housing Authority to provide one(1)year of funding
for Poinciana Gardens beginning 10/1/2024 (retroactively) and ending 9/30/2025 in the amount of
$600,000.
ITEM BACKGROUND:
On January 20, 2021, the BOCC approved an initial ILA with the City of Key West and the Key West
Housing Authority to provide funds for one(1)year(fiscal year 2021) to support the operation of
Poinciana Gardens, an Adult Assisted Living Facility. On August 18, 2021, a second ILA for a term of
three(3)years was approved by the same parties for the continued operation of Poinciana Gardens
(fiscal years 2022, 2023, and 2024). That ILA has expired as of September 30, 2024, and the parties
desire to enter into the currently proposed ILA starting on 10/1/2024 (retroactively) and ending
9/30/2025; the County's contribution under the currently proposed ILA is $600,000.
According to Mr. Randy Sterling, Executive Director of the Housing Authority, on October 2, 2013,
when the City of Key West("City")passed Resolution 13-256, asking the Housing Authority of the
City of Key West ("KWHA") to issue an RFP in order to meet a "vital community need" and develop
an assisted and independent living facility at Poinciana Plaza. After that resolution was passed, KWHA
began the process to construct an assisted living facility.
Although KWHA agreed to be the conduit to get an assisted living facility built in Key West, it was
never the intention of KWHA to manage or operate an assisted living facility.
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In August 2016 the KWHA's developer broke ground on the site of Poinciana Gardens, and in July
2018 KWHA completed construction of the assisted living facility. Prior to completion of the project,
KWHA and the Monroe County Board of County Commissioners ("County") had discussions about the
possibility of closing Bayshore Manor and moving those residents over to Poinciana Gardens.
However, that did not happen when the project was completed.
The excitement and celebration surrounding the project was short lived. In January of 2019, after only
6 months, KWHA terminated the operating agreement with the developer's management company, due
to large losses and low occupancy.
KWHA then brought in a second management company, but that company was terminated in January
2020, for basically the same reasons. In February 2020, after two separate failed efforts to successfully
contract with an outside management company, the Housing Authority assumed control of the day-to-
day operations of Poinciana Gardens. At the same time, KWHA and the County resumed discussions
about the possibility of Bayshore Manor residents moving to Poinciana Gardens and the County taking
over operations of Poinciana Gardens. Bayshore Manor and Poinciana Gardens were both losing over a
million dollars a year in 2020, so this seemed like a good move for both agencies and the community.
Then in March 2020 we were hit with a global pandemic. At that point, KWHA was out of funds to
subsidize Poinciana Gardens, so in January of 2021, both County and the City agreed to help by each
contributing $400,000 to subsidize the facility during the year FY 2020/2021. This was the first
Interlocal Agreement"ILA"between the City, County, and KWHA. This ILA was entered into and
allowed more time for KWHA to continue discussions with the County regarding taking over
operations at Poinciana Gardens. Ultimately, the County decided not to take over the operations of
Poinciana Gardens but did move the Bayshore Manor residents over as part of the ILA.
This was certainly a win for the County, because their budgeted costs for an ALF went from over a
million a year to $600,000.
In August of 2021 the City, County, and KWHA then entered the current ILA for three years of
funding. The current ILA expires on September 30, 2024.
In October of 2023, I started the process to request funding from the State of Florida in their FY 24/25
budget. In January 2024, I attended Florida Keys Day in Tallahassee,primarily to meet with House and
Senate members and ask for their support to allocate $900,000 in their budget to the operation of
Poinciana Gardens. The funding was in the State's budget until the final cuts and was then removed.
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In April of this year, I began discussions with City and County staff to put a "placeholder" in their
respective FY 2024/2025 budgets to continue funding the operation at Poinciana Gardens. This would
be the first step in the process, then followed by all three governing bodies considering the "First
Amendment to the Poinciana Gardens Funding Interlocal Agreement" (attached) at their October
meetings.
Since Poinciana Gardens has been open for six years, we now have the data to quantify the need for
assisted living in the City of Key West. However, the data indicates that the need is somewhere between
25 and 30 units at any given time for assisted living residents, nowhere near the 58 beds that we
currently have a state license to operate. We now realize the market studies that were relied upon, and
completed in 2012, were not accurate.
KWHA will continue to explore all possibilities for Poinciana Gardens. However, the issue remains that
the KWHA borrowed $21,500,000 to develop Poinciana Gardens at the City's request, and the debt
service on that loan is approximately $110,000 a month. Once you add the cost of insurance and
utilities, the fixed costs are over $170,000 per month before any labor cost for the property are included
(like nursing staff, administration, food service staff, etc.). Since opening in 2018, Poinciana Gardens
has approximately lost between $940,000 to $1,400,000 per year(net of City, County & KWHA
funds). As of today, KWHA has spent over $4.5 million dollars to keep Poinciana Gardens open over
the last six years.
I've attached a schedule of revenues, expenses, and net loss by operating year, excluding KWHA, City,
and County contributions. As you can see we have increased revenues each year, but expenses have
increased significantly too over the period.
We have over $2,000,000 a year in fixed costs, and when you couple that with inflation and overall
increases in labor costs we wind up with a huge net loss. One example of labor cost increase is when
KWHA took over operation in 2020, the ALF staff was making $15/hour and now they are starting at
$20/hour and we still have trouble finding qualified staff.
The Housing Authority does not have the ability to generate additional revenue, since most of our
revenue is derived from low-income rents, that are set by State or Federal laws. Please remember that
we are not funded by any city or county taxes; we rely upon the rent received from the properties that
the agency owns and manages.
Ultimately it is up to the elected officials of the City and the County to decide whether to keep funding
an assisted living facility.
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If the decision is made by either the City or the County to not fund Poinciana Gardens in their fiscal
year 24/25 budget, then the Housing Authority Board of Commissioners will be faced with more tough
decisions, including the possibility of closing the assisted living facility at Poinciana Gardens.
This is not something that the Housing Authority would take lightly, but this agency must be able to
continue its mission of providing affordable workforce housing in the City of Key West and the Florida
Keys.
PREVIOUS RELEVANT BOCC ACTION:
BOCC Approved the previous Poinciana Gardens Funding ILA on 8/18/2021.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
Poinciana Gardens Funding ILA- City- Monroe County -KWHA ILA Sept 2024(FINAL APPVD BY
ALL).pdf
BACKUP poinciana gardens ILA .pdf
Randy Sterling°s Letter to Christine BACKUP.docx
PG NI net of contributions 2020 to 07-2024 as of 09-16-2024.pdf
FINANCIAL IMPACT:
Funding Source: 001-61504
$600,000.00
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POINCIANA GARDENS FUNDING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this th day of
, 2024 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 care services serve an
invaluable public purpose for the senior citizens of Monroe Country; and
WHEREAS, on January 20, 2021 the COUNTY previously approved an initial interlocal
agreement with the CITY and the KWHA to provide funds for one (1) year(fiscal year 2021) for
the operation of Poinciana Gardens; and
WHEREAS,the CITY,the KWHA,and the COUNTY entered into a three(3)year funding
agreement(the "Former ILA") for the continued operation of Poinciana Gardens for fiscal years
2022, 2023, and 2024 on August 18, 2021. And in light of that, the COUNTY closed Bayshore
Manor Assisted Living Facility in exchange for KWHA accepting the residents of Bayshore Manor
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Assisted Living Facility at below market rents with the understanding that the rent may be raised
over time; and
WHEREAS, the Former ILA terminates on September 30, 2024, and the parties desire to
continue their partnership in this project for one (1) more year; and
WHEREAS, the CITY, the KWHA, and the COUNTY possess the requisite powers and
authorities to contract in this manner pursuant to Section 163.01, et seq. "Florida Interlocal
Cooperation Act of 1969;" and
WHEREAS, upon execution by all parties, this ILA or Agreement(used interchangeably
throughout) shall be filed with the Clerk of the Circuit Court of Monroe County, Florida,pursuant
to Section 163.01(11), Fla. Stat., as may be amended from time to time; and
WHEREAS,the CITY,the KWHA, and the COUNTY find and determine the continuation
of an assisted and independent living facility at Poinciana Gardens serves a vital community need
and is in the best interest of public health, safety, and welfare.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. TERM. The term of this ILA shall be for a period of one (1) year, beginning October 1,
2024 and terminating on September 30, 2025. Notwithstanding the date(s) of execution,
this ILA shall relate back to October 1, 2024.
2. FUNDING AND PAYMENT. Contributions by the parties shall be as further described
herein. KWHA shall submit to COUNTY and CITY invoices with current financial
statements acceptable to the County Clerk(for COUNTY) and the CITY on a MONTHLY
schedule in arrears. Acceptability to the County Clerk and City is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the
County Clerk's and City's disbursal of funds. To the extent required by law, each party's
performance and obligation to pay under this ILA is contingent upon annual appropriations
by that party's respective governing body.
a. The COUNTY shall provide $600,000 payable to the KWHA for ALF operations
during fiscal year 2025. Said payments shall be made in 1/12 increments not later
than 30 days after presentation of the invoice by KWHA.
b. The CITY shall pay $300,000 payable to the KWHA for ALF operations during
fiscal year 2025. Said payments shall be made in 1/12 increments not later than 30
days after presentation of the invoice by KWHA.
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c. The KWHA shall contribute a minimum of $300,000 during fiscal year 2025 for
ALF operations. To the extent additional funding is required, the KWHA shall
contribute additional funds towards ALF operations.
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 five (5) 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 regular
office hours or as agreed.
5. RELATIONSHIP OF PARTIES. The parties to this ILA 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, 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 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 RECORDS. The parties are public agencies subject to Chapter 119, Florida
Statutes, as amended from time to time. To the extent one of the parties is acting on behalf
of another pursuant to Section 119.0701, Florida Statutes, as amended from time to time,
that parry must comply with all public records laws in accordance with Chapter 119,
Florida Statutes. In accordance with state law, each parry agrees to:
a. Keep and maintain all records that ordinarily and necessarily would be required by
the public agency in order to perform the services.
b. Upon request from a parry's custodian of public records, provide the requesting
parry with a copy of the requested records or allow the records to be inspected or
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copies within a reasonable time at a cost that does not exceed the costs provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt, or confidential and exempt,from public
records disclosure are not disclosed except as authorized by law for the duration of
the Agreement term and following completion of the Agreement if the record-
possessing parry does not transfer the records to the other parties.
d. Upon termination of this ILA,at no cost,either transfer to the other parties all public
records or keep and maintain public records required by law to carry out the
purposes of this ILA.
IF THE PARTIES HAVE QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, FOR COUNTY -- BRIAN BRADLEY AT PHONE NO. 305-
292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET,
SUITE 408,KEY WEST,FL 33040; FOR KEY WEST-KERI O'BRIEN
AT 305-809-3832, CLERK@CITYOFKEYWEST-FL.GOV, 1300
WHITE STREET,KEY WEST, FL 33040; FOR KEY WEST HOUSING
AUTHORITY - LISSETTE CAREY AT 305-296-5621,
CAREYL@KWHA.ORG, 1400 KENNEDY DRIVE, KEY WEST, FL
33040.
If a parry does not comply with this section, the non-breaching parties will enforce
the Agreement provisions in accordance herewith and may unilaterally cancel this
Agreement in accordance with state law.
9. E-VERIFY REQUIREMENTS. All parties acknowledge and confirm compliance with
the requirements of Section 448.095, Florida Statutes, as amended, in relation to utilizing
the E-verify system.
10. 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, 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.
KWHA, as a political subdivision 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 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.
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CITY, as a political subdivision 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 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.
Nothing contained in this Section shall be construed to be a waiver by any party hereto of
any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other
similar provision of law or common law. Nothing contained herein shall be construed to
be a consent by any party hereof to be sued by third parties in any matter arising out of this
or any other Agreement.
11. 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 parry, 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) The Pregnant
Workers Fairness Act(PWFA)pursuant to 42 U.S.C. 2000gg et seq.,relating to protections
surrounding pregnancy; 11) Monroe County Code Chapter 14, Article II, which prohibits
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discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 12) Code of Ordinance of
the City of Key West Section 38 Article III and Section 38-260; and 13) any other
nondiscrimination provision in any Federal or state statutes which may apply to the parties
to, or the subject matter of the Agreement.
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 LAWS / VENUE / ATTORNEYS FEES. 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 exclusively 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.
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. CONSTRUCTION. 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: CITY OF KEY WEST:
County Administrator City Manager
1100 Simonton Street 1300 White Street
Key West, FL 33040 Key West, Florida 33040
KWHA:
Executive Director
1400 Kennedy Drive
Key West, Florida 33040
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.
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18. FILING.Upon execution by all parties,this ILA must be filed with the Clerk of the Circuit
Court of Monroe County, pursuant to Section 163.01(11), Fla. Stat., as may be amended
from time to time.
IN WITNESS WHEREOF, each parry has caused this Interlocal Agreement to be executed
by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
Approved as to legal form & sufficiency:
Assistant County Attorney
(SEAL) CITY OF KEY WEST
ATTEST:
By: By:
Deputy Clerk Mayor
HOUSING AUTHORITY OF THE CITY
OF KEY WEST, FLORIDA
By:
Title:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of❑ physical presence
or ❑ online notarization, this day of , 20 , by Randy Sterling, Executive
Director of the Key West Housing Authority. He is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public
(Print/Stamp Name of Notary Public)
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0)
M
000 4 QE, Clerk of the Circuit Court&Comptroller�-Monroe County, Florida
DATE- September 1.3, 2021.
TO: Roman Gastesi
County Administrator
Lindsay Ballard,Aide
to flue County Administrator
UZ Yong ue
Executive Assistant
FROM: Pamela G. Hanco° .C.
SLJ CT: August 18'130CC Meeting
Attaclied is an electronic coley of tlue following items for your liandling:
R7 Interlocal Agreement uvitlu die City of Key West and flue Key West.Housing
Authority to provide tluree years of funding for Poinciauua Gardens.
Sinould you leave any questions please feet free to contact me at (305) 292-3550..
cc: County Attorney
Finanec
File
KEY WEST MARATHON PLANTATION KEY PKIROlTH 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 305-852-7'145
P01NCL4LNA GARP ENS.EIN-kLN-(i
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
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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
iC-6'0—,-0-00per 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 party'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
Wc�—rdsfora_ Cperiod 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 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 ef
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 §1 19.070 1, 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. COLNTY, 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
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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 tortuous 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 tortuous 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 s,s. 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 ct 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 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
orjih`ei;w;i_s_e'h`ad act on its behalf any former COUNTY officer or employee subject to the
prohibition,of Section 2 of Ordinance No. 01 Ol-1990 or any COUNTY officer or employee
in violation of Section 3 of Ordinance No. 0101-1990. 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 COLFNTY 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 party on the basis of
authorship.
15.NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
Wr-R�le -m-ail to the following-
COUNTY:
County Administrator,
1100 Simonton Street
Key West, FL 33040
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KWHA:
Executive Director
1400 Kennedy Drive
Key West, Florida 33040
CITY OF KEY WEST
City Manager
t300 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]
�a 3 III WITNESS WHEREOF,each party has caused this Agreement to be executed by its
�''�C"=lLd�rltharid representative.
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HOUSING AUTHORITY OF THE CITY
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HOUSING AUTHORITY
OF THE CITY OF KEY WEST, FLORIDA
Randy Sterling
Executive Director
1400 Kennedy Drive
Key West, FL 33040
305 296-5621 ext.254
To: Christine Hurley, Monroe County Administrator
From: Randy Sterling, Executive Director, Housing Authority of the City of Key West
Date: September 16, 2024
Re: Background and Context of Funding Request for Poinciana Gardens
The purpose of this email is to provide background and context on the Housing
Authority's request for $600,000 in your fiscal year budget for 2024/2025 for the
continued operation of the Frank P. Toppino Poinciana Gardens Senior Living Complex.
To understand where we are today, I would like to go back to October 2, 2013, when the
City of Key West("City")passed Resolution 13-256, asking the Housing Authority of the
City of Key West("KWHA") to issue an RFP in order to meet a"vital community need"
and develop an assisted and independent living facility at Poinciana Plaza.After that
resolution was passed, KWHA began the process to construct an assisted living facility.
Although KWHA agreed to be the conduit to get an assisted living facility built in Key
West, it was never the intention of KWHA to manage or operate an assisted living
facility.
In August 2016 the KWHA's developer broke ground on the site of Poinciana Gardens,
and in July 2018 KWHA completed construction of the assisted living facility. Prior to
completion of the project, KWHA and the Monroe County Board of County
Commissioners ("County") had discussions about the possibility of closing Bayshore
Manor and moving those residents over to Poinciana Gardens. However, that did not
happen when the project was completed.
The excitement and celebration surrounding the project was short lived. In January of
2019, after only 6 months, KWHA terminated the operating agreement with the
developer's management company, due to large losses and low occupancy.
KWHA then brought in a second management company, but that company was
terminated in January 2020, for basically the same reasons. In February 2020, after two
separate failed efforts to successfully contract with an outside management company, the
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Housing Authority assumed control of the day-to-day operations of Poinciana
Gardens. At the same time, KWHA and the County resumed discussions about the
possibility of Bayshore Manor residents moving to Poinciana Gardens and the County
taking over operations of Poinciana Gardens. Bayshore Manor and Poinciana Gardens
were both losing over a million dollars a year in 2020, so this seemed like a good move
for both agencies and the community.
Then in March 2020 we were hit with a global pandemic. At that point, KWHA was out
of funds to subsidize Poinciana Gardens, so in January of 2021, both County and the City
agreed to help by each contributing $400,000 to subsidize the facility during the year FY
2020/2021. This was the first Interlocal Agreement"ILA"between the City, County, and
KWHA. This ILA was entered into and allowed more time for KWHA to continue
discussions with the County regarding taking over operations at Poinciana Gardens.
Ultimately, the County decided not to take over the operations of Poinciana Gardens but
did move the Bayshore Manor residents over as part of the ILA.
This was certainly a win for the County, because their budgeted costs for an ALF went
from over a million a year to $600,000.
In August of 2021 the City, County, and KWHA then entered the current ILA for three
years of funding. The current ILA expires on September 30, 2024.
In October of 2023, I started the process to request funding from the State of Florida in
their FY 24/25 budget. In January 2024, I attended Florida Keys Day in Tallahassee,
primarily to meet with House and Senate members and ask for their support to allocate
$900,000 in their budget to the operation of Poinciana Gardens. The funding was in the
State's budget until the final cuts and was then removed.
In April of this year, I began discussions with City and County staff to put a
"placeholder" in their respective FY 2024/2025 budgets to continue funding the operation
at Poinciana Gardens. This would be the first step in the process, then followed by all
three governing bodies considering the "First Amendment to the Poinciana Gardens
Funding Interlocal Agreement" (attached) at their October meetings.
Since Poinciana Gardens has been open for six years, we now have the data to quantify
the need for assisted living in the City of Key West. However, the data indicates that the
need is somewhere between 25 and 30 units at any given time for assisted living
residents, nowhere near the 58 beds that we currently have a state license to operate. We
now realize the market studies that were relied upon, and completed in 2012, were not
accurate.
KWHA will continue to explore all possibilities for Poinciana Gardens. However, the
issue remains that the KWHA borrowed $21,500,000 to develop Poinciana Gardens at the
City's request, and the debt service on that loan is approximately $110,000 a
month. Once you add the cost of insurance and utilities, the fixed costs are over
$170,000 per month before any labor cost for the property are included(like nursing
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staff, administration, food service staff, etc.). Since opening in 2018, Poinciana Gardens
has approximately lost between $940,000 to $1,400,000 per year(net of City, County &
KWHA funds). As of today, KWHA has spent over $4.5 million dollars to keep
Poinciana Gardens open over the last six years.
I've attached a schedule of revenues, expenses, and net loss by operating year, excluding
KWHA, City, and County contributions. As you can see we have increased revenues
each year, but expenses have increased significantly too over the period.
We have over $2,000,000 a year in fixed costs, and when you couple that with inflation
and overall increases in labor costs we wind up with a huge net loss. One example of
labor cost increase is when KWHA took over operation in 2020, the ALF staff was
making $15/hour and now they are starting at$20/hour, and we still have trouble finding
qualified staff.
The Housing Authority does not have the ability to generate additional revenue, since
most of our revenue is derived from low-income rents, that are set by State or Federal
laws. Please remember that we are not funded by any city or county taxes; we rely upon
the rent received from the properties that the agency owns and manages.
Ultimately it is up to the elected officials of the City and the County to decide whether to
keep funding an assisted living facility.
If the decision is made by either the City or the County to not fund Poinciana Gardens in
their fiscal year 24/25 budget, then the Housing Authority Board of Commissioners will
be faced with more tough decisions, including the possibility of closing the assisted living
facility at Poinciana Gardens.
This is not something that the Housing Authority would take lightly, but this agency must
be able to continue its mission of providing affordable workforce housing in the City of
Key West and the Florida Keys.
We are operating Poinciana Gardens for the good of our community and out of necessity,
not because the Housing Authority wants to be in the assisted living business.
We humbly ask for your support to keep Poinciana Gardens open and operational as it is
a necessity for many of those that we care about. KWHA cannot do it
alone. Specifically, we are asking for your support to keep the funding in FY 24/25
budget and for your support to approve the first amendment to the ILA for Poinciana
Gardens.
Please free to reach out to me if you have additional questions.
RS/slg
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