Broward County Commission Regular Meeting


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AI-28199 22.       
Meeting Date: 01/29/2019  
Director's Name: Kimm Campbell
Department: Human Services Division: Community Partnerships

Information
Requested Action
A. MOTION TO AUTHORIZE County Administrator to execute the First Amendment to Agreement No. 19-CP-HIP-8470-01 between Broward County and Broward Partnership for the Homeless, Inc. ("BPHI"), subject to approval of same by the Office of the County Attorney, for the not-to-exceed, prorated amount of $1,981,998, increasing the Agreement amount from $3,246,268 to $5,228,266, from February 1, 2019 to September 30, 2019, to provide emergency shelter and day respite services at the North Homeless Assistance Center ("NHAC") to individuals and families experiencing homelessness in Broward County; adding two additional one-year renewal periods to Program 1 and 3 of the Agreement; authorizing the County Administrator to take any necessary administrative or budgetary action to implement the Amendment.  

(Commissioner Ryan and a member of the public pulled this item.)

ACTION:  (T-3:22 PM)  Approved.  (Scrivener's Error - See County Administrator's Report:  Motion currently reads:...Program 1 and 3 of the Agreement; authorizing the  County Administrator to take any necessary administrative or budgetary action to implement the Amendment.  Should read:...Program 1 and 3 of the Agreement; Authorizing  the County Administrator to execute a lease Agreement between Broward County and BPHI for the NHAC, subject to approval of the same by the Office of the County Attorney; authorizing the County Administrator to take any necessary....) (Refer to minutes for full discussion.)

VOTE: 9-0.    


B. 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 homeless services under this agenda item:
  1. Thomas M. Campbell
  2. Frances M. Esposito 
  3. Danny C. Osley
(Commissioner Ryan and a member of the public pulled this item.)

ACTION:  (T-3:22 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.    
Why Action is Necessary

A. Broward County Administrative Code Section 23.2(a)(11) requires that any change to a contract, other than a decrease in funding, be approved by the Board unless authority to the County Administrator has been provided for through a Resolution previously approved by the Board.

B. A waiver of conflict arising under Section 112.313(7)(a), Florida Statutes, requires two-thirds approval by the Board in accordance with Section 112.313(12), Florida Statutes.

What Action Accomplishes

Motion A allows for the continuation of operation and management of the NHAC, including the provision of beds and day respite services. Furthermore, this action provides for two additional option periods.

Motion B waives the existence of any conflict arising under Section 112.313(7)(a), as authorized under applicable law.

Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE HUMAN SERVICES DEPARTMENT AND THE COMMUNITY PARTNERSHIPS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This recommendation supports the Commission Value of "Approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable," and the Goal to "Collaborate 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." The continued operation of the NHAC provides assistance to Broward County residents experiencing homelessness and services to support them in securing permanent housing and becoming self-sufficient.

On September 13, 2018 (Item No. 5), the Board approved the Agreement between Broward County and Miami Rescue Mission d/b/a Broward Outreach Center ("BOC") for the operation of the NHAC. The BOC Agreement resulted from a response to the Fiscal Year 2019 Human Services Department General Services Request for Proposals. Discussion between County staff and BOC resulted in an Agreement with an initial term of six months, October 1, 2018 to March 31, 2019. The Human Services Department chooses not to exercise the renewal option with BOC.  Additionally, the County's lease with the BOC to use the NHAC facility expired on September 30, 2018, and the BOC continues to occupy the space on a month to month basis. Upon approval of this item, BOC will be provided a 60-day notice to vacate.

To ensure the continuation of necessary homeless services at the NHAC, the Department recommends amending Agreement No. 19-CP-HIP-8470-01 between Broward County and the Broward Partnership for the Homeless, Inc. ("BPHI") that currently operates the Central Homeless Assistance Center ("CHAC"). In line with the U.S. Housing and Urban Development guidelines, the County recently revised its approach to providing emergency shelter services by transitioning the NHAC to a Low-Demand service model for individuals experiencing homelessness. The First Amendment will add Program No. 3, day respite services and 29 Low-Demand Emergency Shelter beds, to the BPHI's operation of the NHAC. To ensure continuity of services and efficient use of space at the NHAC, County staff recommends the use of one agency to occupy the NHAC facility to provide shelter services, including day respite. The 29 Low-Demand Emergency Shelter beds for overnight stays at the NHAC facility are currently provided for in an agreement between the County and Episcopal Mental Health Ministries, Inc. operating as St. Laurence Chapel. The First Amendment will also add two additional option periods to two programs to align with services as advertised in the Fiscal Year 2019 Request for Proposal.

The First Amendment will be effective February 1, 2019 to allow a two-month transition period between BOC and BPHI which will begin with operations of the NHAC on April 1, 2019. The First Amendment will be reviewed and approved by the Office of the County Attorney prior to execution.

Approval of this item would give rise to certain employment conflicts under Section 112.313(7)(a), Florida Statutes, which provides that “no 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(12), Florida Statutes, Board approval is required to waive any conflict arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires a two-thirds vote of the County Commission after full disclosure of the conflicting relationship (Motion B). Forms 4A attached hereto as Exhibit 1 constitute full disclosure of any existing conflict.
Source of Additional Information
Darrell Cunningham, Director, Community Partnerships Division, (954) 357-6398
Silvia Beebe, Assistant Director, Community Partnerships Division, (954) 357-6396
Rebecca McGuire, Administrator, Homeless Initiative Partnership Section, (954) 357-5686

Fiscal Impact
Fiscal Impact/Cost Summary:
The prorated first-year amount of $1,981,998 for Program No. 3 is available in the Fiscal Year 2019 Community Partnerships Division Budget as approved in the Supplemental Budget by the Board on December 4, 2018 (Item No. 33). The annualized amount for Program 3 (NHAC operations) will be $4,155,698 for option periods one through four. All funding for option periods will be addressed in future Fiscal Year budgets.
Attachments
Exhibit 1 - Conflict of Interest Forms 4A


    

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