Broward County Commission Regular Meeting

A. MOTION TO ADOPT Resolution No.2018-378 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement of Fiscal Year 2018-2019 funds to specified service providers in the amount of $32,719,525 for the provision of support services in Broward County; approving a revised standard form agreement; authorizing the County Administrator to execute the agreements and to take all necessary administrative and budgetary actions to implement the agreements; and providing for severability and an effective date.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

B. MOTION TO ADOPT budget Resolution No. 2018-379 within the Human Services Department Homeless Service Fund in the amount of $90,000 recognizing revenue received from the Broward County Health Facilities Authority ("HFA") for partial Fiscal Year 2019 funding of a non-profit service provider.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

C. MOTION TO AUTHORIZE County Administrator to execute, subject to approval by the Office of the County Attorney, an Agreement between Broward County and the School Board of Broward County, Florida ("School Board"), for the term of October 1, 2018 through September 30, 2019 to provide traffic education programs for additional public and non-public Broward County high school students utilizing all monies available in the Driver Education Safety Trust Fund; and authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

D. MOTION TO APPROVE Sole Reasonable Source designations for: 1) Henderson Behavioral Health, Inc. to provide Crisis Stabilization Unit services to individuals experiencing acute mental health crisis; 2) The Salvation Army, a Georgia Corporation, to provide 30 targeted low-demand emergency shelter beds for unsheltered chronic and non-chronic individuals age 18 or older; and 3) Women In Distress of Broward County, Inc. to provide shelter and support services to individuals and families experiencing homelessness as a result of fleeing domestic violence and seeking services from the County's only state-certified domestic violence shelter.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

E. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes for the following Broward County advisory board members holding an employment or contractual relationship with an entity receiving funds for the performance of services under this agenda item:

(Per the Thursday Morning Memorandum, the following names have been added to Motion E: Thomas Campbell, Danny C. Osley, Frances M. Esposito, Cruz-Yahira Barrientos and George S. Werthman.)

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

A. and C. In accordance with the Broward County Administrative Code Section 23.7, agreements with external agencies, resolutions authorizing appropriations and disbursements, and the County Administrator's authority to execute agreements are subject to approval by the Board of County Commissioners ("Board").

B. In accordance with the Broward County Code of Ordinances Section 15-176 et. seq., the HFA may donate surplus funds to its governing body, the Board, who may then appropriate and disburse those funds to nonprofit human health service agencies.

D. In accordance with the Broward County Administrative Code Section 23.3, Board approval is required for all sole source designations.

E. Under Section 112.313(12), Florida Statutes, waivers of conflicts require two-thirds approval by the Board.

A. Adoption of this Resolution authorizes funding for agencies to (i) assist the Human Services Department in providing a range of services that address the multifaceted needs of a growing and diverse client population in Broward County, and (ii) facilitate a collaborative approach to providing comprehensive and holistic services.

B. This action is necessary to recognize funds that support the provision of human health services to residents of Broward County.

C. This action provides for the enhancement, not replacement, of traffic education programs in public and non-public schools through the use of funds collected from traffic violations under Florida Statute 318.1215, the Dori Slosberg Driver Education Safety Act.

D. Board approval of the Sole Reasonable Source designations provides for the continuation of necessary community services.

E. Approval of this motion waives the existence of any conflicts arising under Section 112.313(7)(a), Florida Statutes, as authorized under applicable law.

None.

THE HUMAN SERVICES DEPARTMENT AND THE COMMUNITY PARTNERSHIPS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This recommendation supports the Commission Value of “[A]pproaching human services collaboratively and compassionately, with special emphasis on the most vulnerable,” and the Goal to “[C]ollaborate with public and private partners to find creative, equitable, and responsible solutions to systemic community problems, especially permanent supportive housing for persons experiencing, or at risk of, homelessness,” by continuing to provide services to Broward County residents that focus on child and adult behavioral health or special health needs, or improving residents' economic and housing stability.

Board approval is requested for the Fiscal Year 2018-2019 funding recommendations of new ("N"), new Sole Reasonable Source ("NSS"), and renewal ("R") agreements in addition to two, one-year extensions ("E") to previously-approved agreements listed under Exhibit 1, Attachment A. The Letter of Support from the Children's Services Board is attached as Exhibit 4. The Letter of Support from the Homeless Continuum of Care Board is attached as Exhibit 5.

New agreements for services for Fiscal Year 2018-2019 resulted from a fair, open and competitive Request for Proposals ("RFP") that closed on May 9, 2018. The RFP review and rating process included staff and community participation from a broad range of representatives from not-for-profit organizations and government entities. The agencies identified in Exhibit 1, Attachment A, are recommended for Fiscal Year 2018-2019 funding based on the RFP results and community need.

Board approval is requested for the agreement between the County and the School Board to fund traffic education programs for public and non-public Broward County high school students. This program has been in operation for over 16 years and is subsidized via the Drivers Education Trust Fund. In accordance with Section 318.1215, Florida Statutes, and County Administrative Code Section 10-31, traffic violation fines in the amount of $5 per violation are collected by the Broward County Clerk of Courts and deposited in the Driver Education Safety Trust Fund. The agreement has four one-year renewal options with annual funding based on the amount collected in the Driver Education Safety Trust Fund.

Recognition of funds in the amount of $90,000 from the  Broward County HFA to the Human Services Department ("HSD") in addition to allocation of $63,260 from the HSD Fiscal Year 2018-2019 budget will support the provision of needed homeless services in the County (Exhibits 2 and 3). The provider, Volunteers of America of Florida, Inc. was selected through the Fiscal Year 2018-2019 RFP process to provide these services. Continued funding for agreement option periods will be based on performance, community need, and funding availability. Board approval is requested for three agreements that have been approved as Sole Reasonable Source designations by the Director of Purchasing (Exhibit 6, 7, and 8). An amendment of an expiring agreement (extension of the term) is requested for a Health Care Services Section agreement with the Center for Hearing & Communication, Inc. to provide outpatient mental health services and outreach programs. The additional option period will allow time to align the service funding with other County-funded adult mental health services programs. An extension is also requested for a Homeless Initiative Partnership Section agreement with The Salvation Army, a Georgia Corporation (TSA) to provide substance abuse transitional housing for individuals experiencing homelessness. The additional one-year option will allow time to align the service funding with other County-funded rapid re-housing programs for individuals experiencing homelessness.

All agreements include outcomes that offer measurable benefits to the Broward County residents served. The number of site monitoring visits completed by County staff is determined by the complexity and dollar amount of the agreement. Individual performance measures will be developed for each provider. Agreement performance is monitored and evaluated four times during the term of the agreement. Performance of currently contracted providers, monitoring results, and impact on the community are the basis for funding recommendations. Recommended agencies listed on Exhibit 1, Attachment A, were previously reviewed for compliance with applicable federal, state and County policies.

For County's Fiscal Year 2016-2017, 96% of the outcome indicators (247/256) were achieved within the general fund contracted programs administered by the Community Partnerships Division. Nine outcomes were not achieved (4% of total outcome indicators) by two providers for Fiscal Year 2016-2017: Episcopal Mental Health Ministries, Inc., operating as St. Laurence Chapel ("SLC"); and the Broward County Housing Authority ("BCHA"). For Fiscal Year 2017-2018, Quarters 1 and 2, the following agencies did not meet all outcome measures: BCHA, SLC, and TSA. Exhibit 1, Attachment B, identifies the unmet outcomes, the contributing factors, and the actions taken by the agencies and County staff to address performance and future outcome achievement. Financial penalties were applied for unmet outcomes.

Staff will utilize the standard agreement form (Exhibit 1, Attachment C), which was developed and approved as to form by the Office of the County Attorney. The standard agreement form was also reviewed by Risk Management for its applicability to all new agreements. Amendments will be reviewed and approved by the Office of the County Attorney.

Section 112.313(7)(a), Florida Statutes, provides that "[n]o public officer ... shall have or hold any employment or contractual relationship with any business entity ... which ... is ... doing business with [ ] an agency of which he or she is an officer or employee." In accordance with Section 112.313(7)(a), Florida Statutes, Board approval is required to waive any conflict of interest arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires two-thirds vote of the County Commission after disclosure of the conflicting relationship (Motion E) in accordance with Section 112.313(12), Florida Statutes. Forms 4A, Disclosure of Business Transaction, Relationship or Interest, are attached hereto as Exhibit 9 and constitute full disclosure of any existing conflicts.

Please note, the outstanding conflict waivers will be forthcoming under separate cover as additional material.