10/16/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: November 5, 2024
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis, Administrator
Social Services
Kim Wilkes Wean, Sr. Administrator
Social Services
FROM: Liz Yongue, Deputy Clerk
SUBJECT: October 16, 2024 BOCC Meeting
The following item has been executed and added to the record:
C29 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
$600,000.00.
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
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
POINCIANA GARDENS FUNDING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this 25 th day of
October , 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 detennine 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 parry'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 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 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 party must comply with all public records laws in accordance with Chapter 119,
Florida Statutes. In accordance with state law, each party 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
party 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 party 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 ATTORNEY'S 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 party 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 RK'° UIREMENTS. 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 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) 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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•
I.8.FILING,Upon execution.by all parties,this ILAmust be filed with.the Clerk of.the Circuit. : • . : • .
Court:of Monroe•County,pursuant to•Section:1 b3,01(11), Fla: Stat:,.as may be amended; .. : : .. .•
• from time.to•time:
• . . IN:WITNESS WHEREOF, each party has•caused this•Interlocal Agreement to be:executed : :
by its duly'authorized. representative. '.. • •. • : : : .
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COUNTY-OF MONROE. .. : '.. ..
The foregoing instrument'*as:acknowledged.before me by means of glihysical presence: • •.: : ••
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or 0 online notarization,'this -
day of 20 by dy Sterling, Executwe
• : -Director:of the•Key West,Housing:Authority.. -He is personally.,.know.n to melon has.produced '.: : • '. - . .
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o f id •tifi atlon).as ide t' lion:c(type o en c � en�� on:
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...Signature ofNotary Public:
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