CONSENT AGENDA
 

MOTION TO APPROVE Board Appointments

MOTION TO APPOINT Kimberly Schnitzius to the Consumer Protection Board. (Commissioner Rich)

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Rich.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Fills a vacancy on the Consumer Protection Board.

Appoints Kimberly Schnitzius to the Consumer Protection Board.

Fills Commissioner Rich's vacancy on the Consumer Protection Board by submitting Kimberly Schnitzius for appointment in the category of "Registered Voter."

MOTION TO APPOINT Kathy Hurt to the Substance Abuse Advisory Board. (Commissioner Fisher)

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Fisher.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Fills Commissioner Fisher's vacancy on the Substance Abuse Advisory Board.

Appoints Kathy Hurt to the Substance Abuse Advisory Board.

Fills Commissioner Fisher's vacancy on the Substance Abuse Advisory Board by submitting Kathy Hurt for appointment.

MOTION TO APPOINT Robert Taylor to the Affordable Housing Advisory Committee. (Commissioner Fisher)

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Fisher.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Fills Commissioner Fisher's vacancy on the Affordable Housing Advisory Committee.

Appoints Robert Taylor to the Affordable Housing Advisory Committee.

Fills Commissioner Fisher's vacancy on the Affordable Housing Advisory Committee by submitting Robert Taylor for appointment, in the category of "Citizen who is Actively Engaged as an Advocate for Low-Income Persons in Connection with Affordable Housing".

MOTION TO REAPPOINT Christina Clifford, Johnny Sells, and Charles J. Wohlitka to various boards.

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Fisher.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Commissioner Fisher must reappoint members to various advisory boards.

Reappoints members with expired terms.

As the newly elected District 4 Commissioner, Commissioner Fisher must reappoint members to various advisory boards, Commissioner Fisher fulfills this requirement by submitting the following individual (s) for reappointment to their respective board:

A. MOTION TO APPOINT Eddie Edwards Jr. to the Living Wage Advisory Board.

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Sharief.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes for Eddie Edwards Jr. who holds an employment or contractual relationship with an entity who receives funds from Broward County. (Commissioner Sharief)

ACTION:  (T-10:45 AM)  Approved with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Sharief.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

A. Fills Commissioner Sharief s vacancy on the Living Wage Advisory 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.

Fills Commissioner Sharief s vacancy on the Living Wage Advisory Board by submitting Eddie Edwards Jr. for appointment in the category of "Business Community/Non-Service Contractor".

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, Disclosure of Business Transaction, Relationship or Interest, are attached hereto as Exhibit 2 and constitute full disclosure of any existing conflicts.

A. MOTION TO APPROVE First Amendment to Contract No. 34346-18 between Broward County and the Broward Behavioral Health Coalition, Inc. (BBHC), increasing the total amount of funding by $376,932 from $4,652,977 to $5,029,909 retroactively from November 1, 2018 through June 30, 2019, to provide additional community-based behavioral health services; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments that do not increase the total annual funding amount above $5,600,000; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement this Amendment.

(Item Numbers 2 and 6 were taken up and voted on concurrently.)

(Commissioner Rich pulled this item.)

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Rich abstained from voting.

B. MOTION TO ADOPT budget Resolution No. 2019-121 within the BBHC Substance Abuse and Mental Health Grant Fund to appropriate revenue in the amount of $355,991, for the purpose of providing behavioral health services to eligible adult residents of Broward County.

(Item Numbers 2 and 6 were taken up and voted on concurrently.)

(Commissioner Rich pulled this item.)

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Rich abstained from voting.

C. MOTION TO APPROVE four new full-time grant positions within the BBHC Substance Abuse and Mental Health Grant Fund for Broward Addiction Recovery Division (BARC) to provide community-based behavioral health services.

(Item Numbers 2 and 6 were taken up and voted on concurrently.)

(Commissioner Rich pulled this item.)

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Rich abstained from voting.

A. Agreements with external agencies are subject to approval by the Board of County Commissioners.

B. In accordance with Section 129.06(2)(d), Florida Statutes, Board approval is required to provide for revenue.

C. Board approval is required for the creation of grant-funded positions.

A-B. Ensures funding for the provision of community-based substance abuse services through BARC.

C. Provides for staffing to meet the need for increased services at BARC to address the opioid crisis.

None.

THE HUMAN SERVICES DEPARTMENT AND BROWARD ADDICTION RECOVERY DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This item supports the Board's Value, "Approaching human services collaboratively and compassionately with special emphasis on the most vulnerable" and Goal to "Deliver evidence-based services to the public, and connect customers and their family members, to sustainable support, with special emphasis on financial supports." Funding from this agreement allows eligible County residents to receive behavioral health and support services.

Broward County received the First Amendment from BBHC on December 10, 2018, with an effective date of November 1, 2018. Retroactive approval  is being  sought due to delays in finalizing some of the documents.

According to Section 394.9082(4)(a), Florida Statutes, Department of Children and Families (DCF) is authorized to contract for the purchase and management of behavioral health services with community-based managing entities. Contracting with a managing entity allows DCF to place the responsibility for publicly-financed behavioral health treatment and prevention services within a single private, nonprofit entity at the local level. BBHC is the managing entity under contract with DCF to manage the day-to-day operational delivery of behavioral health services in Broward County.

Since 1973, BARC has served adults with substance use disorders and has provided a full array of comprehensive substance abuse detoxification and treatment services in a community-based setting. DCF has designated BARC as the provider for state and federally-funded behavioral health services including medically-supervised residential detoxification, intensive residential treatment, intensive outpatient treatment, and outpatient individual and group counseling services to all eligible individuals.
 
BARC met the following required outcomes in the previous Fiscal Year. The target for the outcomes remained unchanged  for the current Fiscal Year and are: 10% change in clients who are employed from admission to discharge; 15% change in the number of adults arrested 30 days prior to admission versus 30 days prior to discharge; 51% of adults who successfully complete substance abuse treatment services; 94% of adults with substance abuse who live in a stable housing environment at the time of discharge; at least 50% of clients discharged from detoxification services will be connected to services in the BBHC Network at a lower level of care within seven days; recidivism rate shall be less than 50% within 90 days of discharge of detoxification; no more than 15% detoxification readmissions within 30 days; and percent of persons receiving state-contracted service event records which have matching initial (applicable purposes) admission records in the Substance Abuse and Mental Health Information Systems (SAMHIS) will be at least 100%.

The increased funding amount of $376,932, includes: $314,110 for delivery of services; $62,822 in "uncompensated units"; requires $41,881 in matching funds, and; funding for BARC services to address the opioid crisis. BBHC will be required to pay $4,191,591 subject to the delivery of services, and the remaining $838,318 represents "Uncompensated Units Reimbursement Funds", which BBHC, at its sole discretion and subject to the availability of funds, may pay Broward County in whole or in part, or not at all. The increase requires an additional $41,881 for a total of $497,631 in local matching funds.

BARC recently increased capacity at its detoxification facility. In light of this, an increase in the grant-funded personnel cap by four full-time employees within the BBHC Substance Abuse and Mental Health Grant Fund is necessary. BARC will be adding three Substance Abuse Case Workers and one Behavioral Health Clinician, subject to grant funding.
 
The Amendment is in BBHC's format, thus BBHC will sign last following approval by the Board of County Commissioners. This Amendment has been reviewed and approved by The Office of the County Attorney.

Jack Feinberg, Director, Broward Addiction Recovery Division, (954) 357-4830

A. MOTION TO APPROVE First Amendment to Agreement No. 15C-015 between Broward Sheriff's Office and Broward County, increasing the total funding amount by $100,000, from $105,000 to $205,000 for grant period July 1, 2018 through June 30, 2019, for substance abuse detoxification and treatment services for eligible participants of the 17th Judicial Circuit Court's Adult Post-Adjudicatory Drug Court Expansion Program; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Agreement that do not increase the total annual funding amount above $205,000, subject to review for legal sufficiency by the Office  of the County Attorney; and authorize the County Administrator to take all administrative and budgetary actions to implement the Agreement.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
 

B. MOTION TO ADOPT budget Resolution No. 2019-122 within the Human Services Contracts Fund in the amount of $100,000 for the continued provision of substance abuse detoxification and treatment services to eligible participants in the Adult Post-Adjudicatory Drug Court Expansion Program.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

A. Agreements with external agencies require approval by the Board of County Commissioners.

B. Section 129.06(2)(d), Florida Statutes requires Board approval to provide for revenue.

This action allows the Broward Addiction Recovery Division to receive funding from the Broward Sheriff's Office to provide substance abuse detoxification and treatment services to eligible participants in the 17th Judicial Circuit Court's Adult Post-Adjudicatory Drug Court Expansion Program.

None.

THE HUMAN SERVICES DEPARTMENT AND THE BROWARD ADDICTION RECOVERY DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This item supports the Board's Value, "Approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable," and the Goal to "Deliver evidence-based services to the public, and connect customers and their family members, to sustainable support, with special emphasis on financial support." This Amendment provides additional funding for substance abuse services for Broward County residents.

In Fiscal Year 2015, funding became available to the Broward Sheriff’s Office (BSO) through the State of Florida’s Adult Post-Adjudicatory Drug Court Expansion Program to cover the cost of residential treatment for up to 20 clients at the Broward County’s Broward Addiction Recovery Center (BARC). The Board approved the original agreement on June 23, 2015 (Item No. 18). The County Administrator approved an amendment to the agreement on June 29, 2017 that included detoxification and outpatient treatment services to BSO clients.

On June 12, 2018 (Item No. 59), the Board approved a new agreement with BSO for substance abuse detoxification and treatment services that included detoxification, outpatient and residential services, for the period of July 1, 2018 to June 30, 2019. This First Amendment to the agreement is for the continued provision of detoxification and substance abuse treatment services to Broward County residents participating in the 17th Judicial Circuit’s Adult Post-Adjudicatory Drug Court Expansion Program ("Program"). BSO provides case management for the Program through funding provided by the State's Office of the State Court Administrator. BARC provides residential substance abuse detoxification and treatment services to Program participants on a sliding fee scale based on their ability to pay. BARC has served 22 participants from July 2017 through March 2018. BARC will continue to provide BSO clients the full range of substance abuse detoxification and treatment services under this First Amendment.

The Amendment was prepared in BSO's format and BSO will sign last following Board approval. The Amendment has been approved as to form by the Office of the County Attorney.

Jack Feinberg, Director, Broward Addiction Recovery Division, (954) 357-4830

A. MOTION TO APPROVE Agreement between Broward County and the North Broward Hospital District d/b/a Broward Health for primary care services in the amount of $8,495,420, retroactively from October 1, 2018 to September 30, 2019 with four one-year options to renew; authorize the Mayor and Clerk to execute same; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

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 primary care services under this agenda item:

A. Agreements with external agencies must be approved by the Board; and in accordance with Florida Statutes Section 154.011, the County is responsible for funding primary care services.

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.

Approval of Motion A provides funding for delivery of primary care services to benefit Broward County residents, improve the collective health of the public, and prevent and control the spread of disease.

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

None.

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

These actions support the Board’s Value: “Approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable,” and the Goal to “Effectively advocate for and acquire municipal, state and federal financial support to equitably address health and human services needs of the entire community, through a truly coordinated system of care.” These funds support the provision of quality primary care medical services that would not otherwise be funded by any other public or private funding source, to qualified Broward County residents.

Retroactive approval is requested because Broward County and Broward Health entered into extended negotiations regarding the terms of the Agreement which were not finalized until February 6, 2019.

In October of 1993, Broward County transferred the delivery of primary care services for Broward County residents to its tax-assisted hospital districts. Broward Health delivers primary care services throughout the northern region of Broward County. Since Fiscal Year 1994, primary care service levels have increased from approximately 12,500 medical encounters at a cost of approximately $421,728 to approximately 115,384 encounters at a cost of $8,495,420 in Fiscal Year 2018.

For Fiscal Year 2019, Broward County budgeted $8,495,420 for delivery of primary care services throughout the northern region of the County. In addition to its financial contribution, Broward County provides Broward Health the use of two County-owned facilities, valued at approximately $140,044 (Exhibit 2, Attachment I).

During Fiscal Year 2017-2018, Broward Health met six out of nine outcomes (Exhibit 3). Broward County revised the outcomes for Fiscal Year 2018 - 2019 (Exhibit 4) to ensure continued alignment with nationally-recognized primary care service outcomes. Additionally, Broward County created the Primary Care Monthly Client Service Report (Exhibit 2, Attachment III). Staff will use the report as a tool to assess client data and the utilization of primary care services.

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, Disclosure of Business Transaction, Relationship or Interest, are attached hereto as Exhibit 5 and constitute full disclosure of any existing conflicts.

Darrell Cunningham, Director, Community Partnerships Division, (954) 357-6398
William E. Green, Human Services Administrator, Health Care Services Section, (954) 357-5398

A. MOTION TO ADOPT Resolution No. 2019-123 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement of United States Department of Housing and Urban Development ("HUD") grant funds in the amount of $7,963,227 and a Broward County match of $885,135 for a total amount of $8,848,362 for Fiscal Years 2019 and 2020, to provide housing and services to families and individuals experiencing homelessness; approving funding to specified service providers; authorizing the County Administrator to execute agreements with the service providers and the appropriate grant agreements with HUD; approving revisions to the HUD Addendum to the approved Unit of Service Form Agreement; authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the agreements; and providing for severability and an effective date.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO ADOPT budget Resolution No. 2019-124 in the HUD Continuum of Care Fund in the amount of $8,848,362 for supportive services, housing and rental assistance for families and individuals in Broward County who are experiencing homelessness in addition to operational expenses and administrative expenses.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

C. MOTION TO APPROVE waivers of conflict under Section 112.31(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.

 

A. Broward County Administrative Code 23.7 requires Board approval for the appropriation and disbursement of funds to external agencies and resolutions authorizing the County Administrator to execute the appropriate agreements and amendments.
 

B. In accordance with Section 129.06(2)(d), Florida Statutes, Board approval is required to provide for revenue.

 

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

Approval of Motions A and B provide for continued funding of 754 beds and supportive services for families and individuals experiencing homelessness, as well as providing funding for focused and coordinated strategic planning to reduce and prevent homelessness in Broward County.

Approval of Motion C 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.
 

These actions support the Commission Value of "Approaching human services collaboratively and compassionately, with special emphasis on persons and families experiencing homelessness" 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." Funding will provide housing and related supportive services for Broward County families and individuals experiencing homelessness.

On September 25, 2018 Broward County applied for twenty-four HUD projects; twenty-three were awarded (Exhibit 3). The new Salvation Army Rapid Rehousing project was not funded. Nineteen of the funded projects, for a total of $7,963,227, are either directly administered by the County or are distributed by the County to subrecipients (Exhibit 1, Attachment A). The remaining four projects, with awards totaling $2,238,589, do not pass through Broward County and are as follows: Broward I with Volunteers of America, Inc. ($412,384); Shelter Plus Care (S+C) Permanent Housing 100 Units with the Broward County Housing Authority ($1,123,831); Rights of Passage with Covenant House Florida, Inc. ($179,418); and Red Shield Lodge/Plymouth Colony with The Salvation Army ($522,956). HUD projects currently awarded to the Broward Continuum of Care ("CoC") total $10,201,816 (Exhibit 3). The start dates identified on Exhibit 1, Attachment A, vary due to the HUD Notice of Funding Availability award dates from previous years. As a result, the HUD awards span two separate County Fiscal Years, 2019-2020 and 2020-2021.
 
Broward County is responsible for providing HUD-required match for the following projects: Broward Partnership Housing IV, CoC Planning Project, Homeless Management Information System ("HMIS"), HART & Home and Newhart (Exhibit 1, Attachment A).

Broward County sponsored projects met 85% of the performance outcomes. The projects that did not meet the outcomes are identified in Exhibit 4. The County will continue to measure client benefits and the effectiveness of its programs.

Staff will utilize the applicable Board-approved form agreement for these projects and the revised HUD Addendum (Exhibit 1, Attachment B). The agreements and addenda will be reviewed and approved by the Office of the County Attorney prior to execution by the County Administrator.

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(7)(a), Florida Statutes, Board approval is required to waive any conflict arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires two-thirds vote of the County Commission after full disclosure of conflicting relationship (Motion C). Forms 4A attached hereto as Exhibit 6 constitute full disclosure of any existing conflict.

Darrell Cunningham, Director, Community Partnerships Division, (954) 357-6398
Rebecca McGuire, Administrator, Homeless Initiative Partnership Section, (954) 357-5686

A. MOTION TO APPROVE First Amendment to Contract No. 34345-18 between Broward County and the Broward Behavioral Health Coalition, Inc. (“BBHC”), decreasing funding by $45,707, from $445,348 to $399,641 retroactively from November 1, 2018 through June 30, 2019 for community-based older adult mental health services; authorize the Mayor and Clerk to execute the Agreement; authorize the County Administrator to execute amendments to the Agreement that do not change the scope of services, subject to review for legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.

(Item Numbers 2 and 6 were taken up and voted on concurrently.)

(Commissioner Rich pulled this item.)

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.   Commissioner Rich abstained from voting.

B. MOTION TO ADOPT budget Resolution No. 2019-125 within the BBHC Mental Health Grant Fund reducing appropriated revenue in the amount of $45,707 for State Fiscal Year 2019 to adjust grant funding for community-based older adult mental health services to eligible residents of Broward County.

(Item Numbers 2 and 6 were taken up and voted on concurrently.)

(Commissioner Rich pulled this item.)

ACTION:  (T-10:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.   Commissioner Rich abstained from voting.

Approval of agreements with external agencies requires Board Approval.

Agreements with external agencies are subject to approval by the Board of County Commissioners.

None.

THE HUMAN SERVICES DEPARTMENT AND THE ELDERLY AND VETERANS SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This program supports the Commission's Value "Approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable" and Goal to "Deliver evidence-based services to the public, and connect customers and their family members to sustainable support, with special emphasis on financial support."  

Retroactive approval is requested due to delays in processing the amendment.

Community-based mental health services are funded by the Florida Department of Children and Families (“DCF”) who contract with BBHC. Contract No. 34345-18 (“Contract”) between BBHC and Broward County facilitates the provision of community-based mental health services to eligible residents served by EVSD. Under the Contract, EVSD provides multiple services, including screening, comprehensive assessment, case management, coordination of resources, and peer recovery support to elders with mental health disorders. The State Fiscal Year 2019 Contract outcomes are being met.
 
This First Amendment decreases the Contract amount based on the prior year's utilization of grant funds. EVSD determined that it would not be able to fully utilize the grant funds due to staffing vacancies and notified BBHC of same in February 2019. EVSD's timely notification allows BBHC to reallocate the lapsed funds to other community providers and allows EVSD to retain the adjusted funding amount for the Contract beginning July 1, 2019.

This First Amendment was prepared by BBHC in its format and has been reviewed and approved as to form by the Office of the County Attorney. BBHC will sign last following Board approval.

Andrea Busada, EVSD Director, (954) 357-8818
Francisco Munoz, EVSD Contracts/Grants Administrator, (954) 357-6622

A. MOTION TO APPROVE Agreement No. CB00006-15-2019 between the Areawide Council on Aging of Broward County, Inc. ("Council") and Broward County, retroactively from October 1, 2018 through September 30, 2019, providing an allocation of $757,288 for community-based services to frail elders; authorize the Mayor and Clerk to execute the Agreement; authorize the County Administrator to take all administrative and budgetary actions to implement the Agreement. 

(Commissioner Rich pulled this item.)

ACTION:  (T-10:46 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.   Commissioner Rich abstained from voting.

B. MOTION TO ADOPT budget Resolution No. 2019-126 within the Local Match Program Fund to appropriate revenue in the amount of $757,288 for community-based services.

(Commissioner Rich pulled this item.)

ACTION:  (T-10:46 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.   Commissioner Rich abstained from voting.

Motions A and B approve funding for community-based older adult services to eligible residents of Broward County served by the Elderly and Veterans Services Division (“EVSD”).

None.

Andrea Busada, EVSD Director, (954) 357-8818
Francisco Munoz, EVSD Contract/Grant Administrator, (954) 357-6622

A. MOTION TO APPROVE 2019 Amendment to the Interlocal Agreement between Broward County and its municipalities, providing for revised division and distribution of the proceeds of the three cent additional local option gas tax on motor fuel; and authorize County Administrator to execute same after execution by the municipalities and approval of the County Attorney’s Office.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO APPROVE 2019 Amendment to the Interlocal Agreement between Broward County and its municipalities, providing for revised division and distribution of the proceeds of the one cent “Transit” gas tax on motor fuel; and authorize County Administrator to execute same after execution by the municipalities and approval of the County Attorney's Office.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Interlocal Agreements require Board approval.

Motions A and B approve amendments to two interlocal agreements to provide for the annual revision of the distribution percentages between the Cities based on updated population figures.

None.

REVISIONS TO THE DISTRIBUTION PERCENTAGES FOR FOUR CENTS OF LOCAL OPTION GAS TAXES:

Broward County shares four cents of local option gas taxes with the municipalities through two Interlocal agreements. The two Interlocal agreements provide for the distribution of the following gas taxes:

The two agreements provide for the distribution of the Cities’ share of gas taxes based on population. Motions A and B request approval of amendments to the agreements to incorporate updated population data prepared and published by the Bureau of Economic and Business Research of the University of Florida in accordance with the terms of the agreements. The population figures and distribution percentages are updated annually.

The agreements have been reviewed and approved as to form by the County Attorney's Office.

Norman Foster, Director, Office of Management and Budget, (954) 357-6346

MOTION TO AUTHORIZE County Administrator to approve and execute Greater Fort Lauderdale Convention and Visitors Bureau (GFLCVB) sponsorship agreement, for an amount up to an additional $900,000 from April 9, 2019, through August 31, 2019; subject to approval of the agreement form by the Office of the County Attorney; and authorize the County Administrator to take all administrative and budgetary actions related to the sponsorship agreements.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Allows the County Administrator to approve and execute GFLCVB contracts in excess of $500,000 for the period between April 9, 2019 and August 31, 2019.

February 6, 2018 Regular Meeting (Item No. 24); January 29, 2019 Regular Meeting (Item No. 26); February 26, 2019 Regular Meeting (Item No. 30)

This item further supports the GFLCVB's mission, "regarding the promotion of tourism, the marketing of Broward County as a desirable tourist and convention destination: and representing the County as a "regional, national, and international destination," (see Part 3, Section 13.31, subsections d and f of the Administrative Code).

This authorization allows the County Administrator to approve GFLCVB contracts up to $900,000 between April 9, 2019 through August 31, 2019, that will generate significant economic activity in Broward County.

Stacy Ritter, President, Greater Fort Lauderdale Convention and Visitor's Bureau, (954) 765-4466

A. MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Leslie Milian, a mother and natural guardian of Adrienne Milian, a minor vs. Broward County, 17th Judicial Circuit Court Case No. CACE 18-004952 (02).

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO REJECT proposal for settlement in the case of Olive Williams vs. Broward County, 17th Judicial Circuit Court Case No. CACE 18-011690 (25).

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

A. Board approval is necessary to resolve this pending lawsuit.

B. Board approval is necessary to reject the proposal for settlement.

A. Settles pending litigation.

B. Rejects a formal settlement proposal.

A. On June 17, 2017, while playing at Plantation Heritage Park, the Plaintiff's 6-year-old daughter fell on a sharp piece of metal that was protruding from a horseshoe stake, and sustained an open gaping wound from her wrist to the top of her forearm. The Plaintiff's daughter underwent emergency surgical repair and reconstruction on her forearm, and the medical expenses to date are approximately $12,000. Due to the nature of the wound, the surgeon has recommended close monitoring of the wound during the Plaintiff's daughter's lifetime to ensure proper skin adhesion and mobility. The Plaintiff has agreed to release Broward County from all claims arising from this incident in exchange for $74,000, which includes attorney's fees and costs, subject to Board approval.

The Risk Management Division and the Parks and Recreation Division concur with and recommend approval of this settlement.

B. On March 14, 2019, Plaintiff Olive Williams, who alleges injuries as a result of falling out of her bus seat, served Broward County with a formal proposal for settlement in the amount of $175,000. Under the applicable statute, proposals for settlement must be accepted or rejected within thirty (30) days. If a defendant rejects a settlement proposal and the plaintiff ends up recovering an amount at least 125% of the amount of the proposed settlement, the plaintiff is entitled to recover attorney's fees and costs in addition to the verdict award, subject to a statutory cap of $200,000, inclusive of fees and costs. Discovery in this case is ongoing, and our analysis of this case may change as new facts are learned. However, based on currently known information, the County Attorney recommends that the Board reject the Plaintiff's proposal for settlement.

On April 16, 2019, the Board will consider an amendment to Section 1-51.3 of the Broward County Code of Ordinances ("Code") that would, if approved, authorize the County Administrator to reject certain settlement proposals after consultation with the County Attorney. If that amendment to the Code is approved, recommendations to reject settlements such as in Motion B would no longer be required to be presented for the Board's consideration.

Hans A. Laurenceau, Assistant County Attorney, (954) 357-7600

MOTION TO AUTHORIZE Office of the County Attorney to commence litigation and/or take all necessary and appropriate actions against Marks Brothers, Inc., RS&H, Inc., HDR Engineering, Inc., and Ferreira Construction Co. Inc., to recover damages resulting from defective and noncompliant construction and/or design services furnished in connection with the construction project described as Taxiway "C" West and South Apron Reconstruction.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Board approval is required for the Office of the County Attorney to file this proposed lawsuit.

Approves the commencement of litigation against the contractor, the contractor's possible successor-in-interest, the primary consultant and design professional, and the quality assurance consultant on the above-referenced construction project.

THE AVIATION DEPARTMENT AND OFFICE OF THE COUNTY ATTORNEY RECOMMEND APPROVAL OF THE ABOVE MOTION.

On June 5, 2012 (Item No. 25), the County approved the award of Contract Z1005802C1 (the "Contract") to Marks Brothers, Inc. ("Marks Brothers"), whereby Marks Brothers would serve as the County's prime contractor for the construction project at Fort Lauderdale-Hollywood International Airport described as Taxiway "C" West and South Apron Reconstruction (the "Project"). RS&H, Inc., provided the County with design, construction administration, and resident project representation services in connection with the Project and the Contract. HDR Engineering, Inc., served as the County's quality assurance consultant.

The Project achieved final completion in or about October 2013. In or about May 2015, rutting began to manifest on the west end of the Project, indicating a potential construction and/or design failure relating to the services provided by Marks Brothers and/or RS&H. The County has since retained a consulting firm to evaluate the extent of the rutting and analyze the cause thereof.

Upon information and belief, in or about 2016, Marks Brothers and Ferreira Construction Co. Inc. ("Ferreira"), which transacts business in Florida under the name Ferreira Construction Southern Division Co. Inc., entered into an asset purchase agreement (the "Asset Purchase Agreement"). Pursuant to the Asset Purchase Agreement, Marks Brothers transferred to Ferreira the assets used in its construction business and turned over to Ferreira certain existing construction projects. Ferreira may have assumed Marks Brothers' liability for any damages relating to the Project, or a portion thereof, by virtue of the Asset Purchase Agreement. Accordingly, Ferreira is being included in this agenda item and will be included as a party in any subsequent litigation unless the County determines that no such liability exists.

This item would also authorize the County Attorney to initiate litigation against any other party who may be liable to the County for damages relating to the Project.

Approval of this item would allow the County to seek to recover the costs of correcting the defective and noncompliant construction and/or design work furnished on the Project, and all other damages related to the Project, whether known or unknown at this time.

Michael J. Kerr, Deputy County Attorney, (954) 357-7600

MOTION TO DIRECT County Administrator to publish notice of a public hearing to be held on Tuesday, May 7, 2019 at 10:00 a.m. in Room 422 of the Governmental Center to consider issuance of new licenses to provide Class 5 - Nonemergency Medical Transportation Services (NEMTS) to B & L Mobility, LLC, C & J Net Group LLC, Helping Hand Non-Emergency Medical Transportation, Inc., Medical Care Transportation, Inc., and Sunshine Kids Pediatric Care, LLC (approval recommended) and Executive Ride Transport Inc. (denial recommended).

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Pursuant to Chapter 3 1/2-8(f) of the Broward County Code of Ordinances, a Public Hearing must be held to consider the issuance or denial of Class 5 - Nonemergency Medical Transportation Services licenses.

Provides the Board with an opportunity to receive public comments concerning applicants seeking to provide Class 5 - Nonemergency Medical Transportation Services within Broward County.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION (ECPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

Approval of this motion will permit ECPD to proceed forward with setting a Public Hearing (Exhibit 1) to consider issuance of Class 5 - Nonemergency Medical Transportation Service (NEMTS) licenses to six companies.

The Environmental and Consumer Protection Division has received and reviewed the applications for a new license (Exhibit 2) from B & L Mobility, LLC, C & J Net Group LLC, Helping Hand Non-Emergency Medical Transportation, Inc., Medical Care Transportation, Inc., and Sunshine Kids Pediatric Care, LLC to provide Nonemergency Medical Transportation Services within Broward County, Florida. Pursuant to Chapter 3 1/2 of the Broward County Code of Ordinances, the EMS Review Committee of the Broward Regional EMS Council reviewed the above applications on March 7, 2019 and recommends approval.

A new Class 5 NEMTS license application (Exhibit 2) from Executive Ride Transport Inc. was also reviewed by the EMS Review Committee on March 7, 2019 and the Committee unanimously recommended denial. In accordance with Section 3 1/2-8(e), Broward County Code of Ordinances, staff also recommends denial. The denial recommendation is based on the results of ECPD's application investigation and was significantly influenced by the applicant's past compliance history (documentation upon which the denial was based will be provided to the Board prior to the public hearing).

Jeffery Halsey, Director, Environmental and Consumer Protection Division, (954) 519-1468

A. MOTION TO ADOPT Resolution No. 2019-127 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 7, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PARKS AND RECREATION; AMENDING CHAPTER 23, ARTICLE II OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); CREATING DIVISION 4, RELATING TO PAY PARKING AT BROWARD COUNTY PARKS; PROVIDING FOR PAY PARKING ZONES AND FEES; PROVIDING FOR PARKING PAY STATIONS, INCLUDING, BUT NOT LIMITED TO, PAY-BY-PHONE APPLICATIONS AND/OR LICENSE PLATE RECOGNITION TECHNOLOGY; ESTABLISHING PARKING  REGULATIONS AND PROVIDING FOR ENFORCEMENT OF PARKING VIOLATIONS; ESTABLISHING  PROCEDURES FOR ISSUANCE OF PARKING CITATIONS; ESTABLISHING CIVIL PENALTIES FOR PAY PARKING VIOLATIONS AT COUNTY PARKS; AND PROVIDING FOR APPEALS, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

 
B. MOTION TO ADOPT Resolution No. 2019-128 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 7, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PARKING FEES IN BROWARD COUNTY PARKS; AMENDING SECTION 37.33 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-10:45 AM)  Approved as amended with Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

A. An Ordinance may only be adopted at a public hearing. The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of February 6, 2018.
 
B. The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.

A. Sets a public hearing for the Board's consideration of proposed amendments to the Code of Ordinances to create new provisions to allow the County to charge for parking at County parks, establishes the method of enforcement of paid parking by citation and civil penalties, and establishes a hearing procedure for contesting citations.

B. Sets a public hearing for the Board's consideration of proposed amendments to the Broward County Administrative Code relating to pay parking at County parks, which amendments are required to ensure consistency with the proposed Ordinance.

There is currently no provision in the County Code that addresses payment for parking in County parks and issues related to enforcement of parking violations.  The proposed Ordinance would create new Code provisions to allow the County to charge for parking at County parks, establish the method of enforcement of paid parking, and establish a hearing procedure for contesting citations.
 
The proposed Administrative Code Resolution establishes (i) a parking fee schedule applicable in those areas with parking pay stations, and (ii) that the parking fees collected in parking pay stations located in Hollywood North Beach Park be segregated and deposited in a fund to be used solely for the purposes of administering and enforcing the pay parking zones in Hollywood North Beach Park and funding operational and capital improvements in Hollywood North Beach Park.

Jeffrey S. Siniawsky, Senior Assistant County Attorney, (954) 357-7600

MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Hollywood to provide representation at hearings before the Broward County Minimum Housing/Unsafe Structures Board from the date of approval by the County Commission to January 1, 2022, and authorize the Mayor and Clerk to execute same. (Commission District 6)

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

The Interlocal Agreement must be approved by the Broward County Board of County Commissioners pursuant to Chapter 19, Part XIII of the Administrative Code.

This is an agreement that allows Broward County to provide representation at hearings before the Broward County Minimum Housing/Unsafe Structures Board.

No previous action taken.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE BUILDING CODE SERVICES DIVISION (BCSD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

It is the policy of the Board of County Commissioners to offer building code services to local municipalities that seek to either supplement their building departments or transfer permitting responsibilities to the County in a full service arrangement. For those municipalities who do not convene their own Unsafe Structures Board, they can contract with BCSD to have their cases researched and presented to the County’s Minimum Housing/Unsafe Structures Board at set rates to cover the costs of service. The following municipalities have an agreement with BCSD to provide representation before the Unsafe Structures Board: Cooper City, Dania Beach, Deerfield Beach, Lauderdale Lakes, Lighthouse Point, Miramar, North Lauderdale, Parkland, Pembroke Park, Tamarac, West Park, Weston, and Wilton Manors. The attached Interlocal Agreement with the City of Hollywood is for representation at hearings before the Broward County Minimum Housing/Unsafe Structures Board (Exhibit 2). BCSD will invoice the City on a monthly basis for actual services provided. The Agreement requires reimbursement from the City within 30 days of the date of the invoice. The Office of the County Attorney has approved this Agreement as to form.

Hipolito Cruz, Jr., Director, Building Code Services Division, (954) 765-4400, ext. 9848

MOTION TO ADOPT Resolution No. 2019-129 of the Board of County Commissioners of Broward County, Florida, approving and authorizing execution of the agreement between the Housing Finance Authority of Broward County, Florida (“Housing Finance Authority”), and Dufresne CPA Services, PA (“Agreement”); authorizing the proper Officers of the Housing Finance Authority to execute all other documents and do all things necessary or advisable in connection with entering into the Agreement; and providing for severability and an effective date.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Broward County Ordinance No. 79-41, requires that the Housing Finance Authority of Broward County obtain the approval of the Board of County Commissioners of Broward County, prior to entering into any agreements.

This action will allow the Housing Finance Authority to enter into an Agreement with Dufresne CPA Services, PA to provide accounting services related to the monthly and annual financial statements for its Single Family and Multi-Family Mortgage Revenue Bonds and the Housing Finance Authority’s operations accounting.

No Previous Action.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

 

On June 30, 2018, the Housing Finance Authority (the “HFA") board approved the Request for Letters of Interest (RLI) No. 20190630-AS3, to provide accounting services and annual financial statements for its Single-Family and Multi-Family Mortgage Revenue Bonds and operations accounting. The RLI was published in the Sun-Sentinel on June 27, 2018. One firm submitted a proposal in response to the RLI. The Office of Economic and Small Business Development has no Business Enterprise goal for the HFA accounting services solicitation.

On September 19, 2018, the Housing Finance Authority board approved the final ranking for RLI No 20190630-AS3 and selected Dufresne CPA Services, PA for a three-year term with the option to extend the agreement for two one-year extensions (the “Agreement”) at the Housing Finance Authority’s discretion. This Agreement will cover accounting services for the Housing Finance Authority from July 1, 2019 through June 30, 2022, and includes two optional one-year extensions years 2023 and 2024. The compensation for services includes the following: $36,900 annually for bond issue compilation services for 11 bond issues (payable quarterly), $68,950 annually for monthly bookkeeping services (payable monthly), including financial and investment committee reports, and annual general fund operations services (payable monthly for months of September through March). Total annual fees shall be in the amount of $105,850, excluding fees for additional services or additional bond issues, if any. Additional services, if any, are to be billed hourly as may be mutually agreed to between the two parties. Additional bond issue compilations are payable pursuant to the rates set forth in the Agreement.

At its December 19, 2018 board meeting, the Housing Finance Authority approved Resolution 2018-027 (Exhibit 2) authorizing execution of an Agreement with Dufresne CPA Services, PA to provide accounting services related to the monthly and annual financial statements for its Single Family and Multi-Family Mortgage Revenue Bonds and the Housing Finance Authority’s operations accounting. The Resolution was approved as to form by the Office of the County Attorney.

Adoption of this Resolution authorizes the HFA to enter into an Agreement with Dufresne CPA Services, PA to provide to provide accounting services related to the monthly and annual financial statements for its Single Family and Multi-Family Mortgage Revenue Bonds and the Housing Finance Authority’s operations accounting.

Ralph Stone, Director, Housing Finance and Community Redevelopment Division, (954) 357-5320

MOTION TO ADOPT Resolution No. 2019-130 of the Board of County Commissioners of Broward County, Florida, approving a plan of financing involving the issuance by the Housing Finance Authority of Broward County, Florida (the “HFA”) of its Single Family Mortgage Revenue Bonds (the “Bonds”) in an aggregate principal amount not to exceed $250,000,000 in one or more series; approving use of state awarded allocation for Mortgage Credit Certificate programs or Multifamily carry forward; approval of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; ratifying the HFA’s holding of a public hearing in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended; authorizing the proper officers, agents and employees of the HFA to do all things necessary or advisable in connection with this Resolution; and providing an effective date for this Resolution.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Pursuant to Ordinance No. 70-41 enacted by the Board of County Commissioners of Broward County, Florida (the “Board”) and effective on July 3, 1979, the Board created the Housing Finance Authority of Broward County, Florida (the “HFA”) in accordance with Part IV, Chapter 159, Florida Statutes.

Allows the HFA to issue its Single Family Mortgage Revenue Bonds in one or more series in an aggregate principal amount not to exceed $250,000,000 as part of a Plan of Finance and ratifying the public hearing, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended.

No Previous Action.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

 

This item supports the Board’s vision of offering sustainable, compatible, innovative housing options for all income-levels, including integrated supportive housing and rapid-rehousing: Goal 1: Facilitate a regional approach to growth and redevelopment through coordination and collaboration at the federal, state, county, and local levels; Goal 2: Strengthen stakeholder partnerships to increase the availability of affordable housing of all types (e.g. rental, purchase, supportive, etc.), county wide, in every community; and Goal 3: Develop, through effective community collaboration, neighborhoods and communities incorporating intermodal connectivity, while integrating energy efficiency, community resilience, and other livability standards and initiatives.

The Bonds will be used to provide funds to (i) refund certain outstanding obligations of the HFA, (ii) purchase federally insured or guaranteed mortgage loans originated by participating local lending institutions to finance or refinance the purchase of new or existing owner-occupied single-family residences (a) situated within Broward County, Florida, and (b) owned by persons or families of low, moderate or middle income, (iii) purchase securities from a master servicer evidencing interests in or backed by a pool of such mortgage loans, including, without limitation, securities issued by the federal government or agencies thereof, and/or (iv) be used in conjunction with a mortgage credit certificate (MCC) program (collectively, the “Plan of Financing”).
 

At its regular meeting on October 17, 2018, the HFA adopted Resolutions 2018-021 (Exhibit 2) and 2018-022 (Exhibit 3) authorizing the HFA to (i) issue the Bonds in an aggregate principal amount not to exceed $250,000,000, and (ii) hold a public hearing under the Tax Equity and Fiscal Responsibility Act, as required by Section 147(f) of the Code (“TEFRA Hearing”), respectively. Resolutions 2018-021 and 2018-022 were prepared by Bond Counsel and approved as to form by the Office of the County Attorney.  
 
The TEFRA Hearing was held on February 27, 2019, as required by the Code, after proper notice was published on February 11, 2019 in the Sun Sentinel Newspaper, for the purpose of giving all interested persons the opportunity to express their views in connection with approval of the issuance of the SFMRB.
 
Adoption of this Resolution: a) approves the issuance of the SFMRB in an aggregate principal amount not to exceed $250,000,000, and b) ratifies the publication of notice of and minutes of the public hearing held on February 27, 2019, as required by the Code (Exhibit 3). It should be noted that any specific bonds issue utilizing these funds will be subject to the prior approval by the HFA and Board of County Commissioners.

Ralph Stone, Director, Housing Finance and Community Redevelopment Division, (954) 357-5320

MOTION TO CONSIDER approval of the Declaration of Restrictive Covenants in connection with Broward County Land Use Plan Amendment PC 15-6. (Commission District 3)

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Land Use Plan Amendment PC 15-6, Condition 1 contains a voluntary commitment by the owners of property to record a Declaration of Restrictive Covenants.

Implements voluntary commitments and ensures compliance with Land Use Plan Amendment PC 15-6 and the Broward County Land Use Plan.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.

Broward County Land Use Plan Amendment (LUPA) PC 15-6 affects 64.4-acres located on the southwest corner of Loxahatchee Road and Bishop Pit Road (Exhibit 1). There are two property owners: TLH SABRA2, LLC owns the 44.6-acre “Tuttle Property;”  and Sabra Land Trust owns the 19.8-acre “Katz Property.” On April 28, 2015, the Board adopted PC 15-6 to change the land use designation from Palm Beach County Rural Residential - 10 (one dwelling unit per ten acres) to Low (3) Residential. The developer made voluntary commitments to restrict the development to 186 single family dwelling units for persons aged 55+ years, and to contribute $1 per gross square foot of the dwelling units to Broward County for affordable housing. This Declaration of Restrictive Covenants (Exhibits 2 and 3), submitted by TLH SABRA2, LLC, is for the voluntary commitments which apply only to the Tuttle Property (129 dwelling units). The Katz Property (57 dwelling units) is not included in this Declaration of Restrictive Covenants and the LUPA will not be certified for the Katz Property at this time.

Planning Council staff have provided comments in the attached memorandum which indicate no objection to this request (Exhibit 4).

This agreement has been approved as to form by The Office of the County Attorney.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

MOTION TO APPROVE lists of checks issued and electronic payments made from October 1, 2018 through December 30, 2018.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Compliance with Florida Statute §136.06(1).

None.

Kristin Carpenter, Assistant Director, Accounting Division, (954) 357-7140

MOTION TO APPROVE travel for more than five County employees from the same department to attend the same non-local event on the attached summary, in accordance with Administrative Code - Chapter 3, Part II, Section 3.10 (b) - County Employee Travel.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Board approval is required for more than five County employees from the same department to attend the same event.

Provides approval needed for compliance with the Administrative Code.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, THE ACCOUNTING DIVISION, AND THE LIBRARIES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

In accordance with Administrative Code - Chapter 3, Part II, Section 3.10 (b) - County Employee Travel, attached is a request for 13 County employees from the Libraries Division to attend the annual Florida Library Association Annual Conference (FLA Conference) in Orlando, Florida.

The annual FLA Conference is scheduled for May 15-17, 2019. The group of travelers includes five conference planning committee members and conference program presenters.

Kelvin Watson, Director, Libraries Division, (954) 357-7377

MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute a software systems and maintenance agreement with Amadeus Airport IT Americas, Inc., subject to approval from the County Attorney's Office as to legal sufficiency, to provide professional services, software, and to continue to provide support and maintenance services for the PROPworks Core and PROPworks Space Management System for up to five years in the maximum total not-to-exceed amount of $325,000, which includes $150,000 for optional services.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Allows for a new contract for the continuation of services relating to the Aviation Department's billing and lease management system.

None.

THE PURCHASING DIVISION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the Board's Vision, "Consistently delivering responsive, efficient, quality services to the public and internal customers"; its Goal is to build into every process and service effective checks and balances that do not cause inefficiency, but rather ensure consistency, continuity, and quality.

The PROPworks Core and PROPworks Space Management System (PROPworks) are major components of the Aviation's billing and property management system and consists of several modules that are specific to airport needs. These modules address tenant contract management, billing, invoicing, accounts receivable, retail concession management, aeronautical statistics, graphical information space management, and tenant alteration tracking.

On January 4, 2000 (Item No. 18), the Board approved a billing and property management system agreement which included software, licenses and maintenance between Broward County and Decision Support Technologies, Inc. resulting from Request for Letters of Interest No. 092398-RB. Decision Support Technologies, Inc. was acquired by Air-Transport IT Services, Inc.

On June 16, 2008, the Director of Purchasing executed a potential five year agreement between Broward County and Air-Transport IT Services, Inc. for PROPworks.
 

On October 25, 2013, the Director of Purchasing executed a software license, maintenance and support agreement  between Broward County and Air-Transport IT Services, Inc. for PROPworks for a three-year initial term with two additional one-year optional renewal terms. One additional renewal year was inadvertently added in the original creation of the contract in the Info Advantage system in 2013. Upon review of the apparent final contract renewal year, the Purchasing Agent identified the error in February 2019 and realized the contract actually expired on November 22, 2018 with a vendor final time of performance expiring on January 22, 2019. An interim contract has been issued to Amadeus Airport IT Americas, Inc. for continuation of services from January 23, 2019 through April 22, 2019.

On April 27, 2015, Amadeus Airport IT Americas, Inc. acquired Air-Transport IT Services, Inc.

Brenda Billingsley, Director, Purchasing Division, (954) 357-6070

A. MOTION TO REAFFIRM sole source and/or sole brand standardizations per Exhibit 1, for various County Agencies, and authorize the Director of Purchasing to annually renew these standardizations for supplies and services for a period not-to-exceed five years.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO REAFFIRM AND MODIFY sole brand, sole source standardization of Brock Solutions U.S. Inc., for SmartSort Upper Level Software and Lower Level Controls, for the County’s Baggage Handling System, to include upgrading the current independent baggage control systems at each terminal, implement an enterprise level, centralized server environment including virtual machines, remote technical support, necessary security and redundancy, software assurance, and maintenance and services necessary to meet current Transportation Security Administration (TSA) standards.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

C. MOTION TO AUTHORIZE Director of Purchasing to execute First Amendment to the System and Services Agreement between Broward County and Brock Solutions U.S. Inc., subject to approval from the County Attorney's Office as to legal sufficiency, to provide for the upgrade of the software system throughout the four terminals to ensure that the same versioned software is running at all terminals and to continue to provide support, maintenance and upgrade services increasing the total maximum not-to-exceed amount from $370,000 by an additional $4,750,000 to a revised total not-to-exceed amount of $5,120,000.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Motions A and B: In accordance with the Broward County Procurement Code, Section 21.54.c, the Board is required to approve all standardizations over the award authority of the Director of Purchasing; and Section 21.43, Board approval is required for all contracts for supplies and services of more than five years.

Motion C: In accordance with the Broward County Procurement Code, Section 21.54.c., Director of Purchasing may purchase directly, without competition, from a standardized, sole source, and such purchase does not have to be awarded by the Board, but may be made by the Director of Purchasing regardless of contract amount; and Section 21.14.c.6, shall execute all contracts and agreements delegated by the Board for the Director of Purchasing's execution.

Motion A: Provides for the Board's reaffirmation of previously approved standardizations for various supplies and services for County agencies.

Motions B and C: Reaffirm and modify previously approved standardization of the County’s baggage handling system and authorizes the Director of Purchasing to execute First Amendment.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT/PURCHASING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Motion A:
To ensure that the intent of the Procurement Code, Section 21.43, is properly documented and fully disclosed, all standardized sole source and/or sole brand supplies and services purchased from the same supplier or manufacturer for a period in excess of five years are being noted to the Board.

The purpose of this action is to reaffirm standardizations in excess of five years previously approved by the Board. In accordance with the Procurement Code, Section 21.54.d, the Director of Purchasing has promulgated procedures for the annual review of all standardized items. Accordingly, staff from the Purchasing Division and various County agencies conducted extensive product review and market research, and determined the necessity to continue the standardizations of supplies and services as noted (Exhibit 1). Based on these findings, the supplier(s) providing these supplies and services remain the only reasonable source(s) and/or brand(s) that continue to meet the County's needs.

Exhibit 2 is a comprehensive list of all standardized procurements, including those less than five years approved by the Director of Purchasing and those greater than five years that this item recommends for reaffirmation by the Board.

Exhibit 3 is a list of items that were previously standardized by the Board or the Director of Purchasing but have since been destandardized.

Motions B and C:
On August 22, 2017 (Item No. 40), the Board approved sole source/sole brand standardization of Brock Solutions U.S. Inc., (Brock) for SmartSort Upper Level Software and Lower Level Controls for the County’s Baggage Handling Systems located at the Broward County Fort Lauderdale-Hollywood International Airport and approved the original Agreement between Broward County and Brock for the System and Services Agreement (Agreement) for Control Panels for the County’s Baggage Handling Systems. The maximum not-to-exceed amount was for $370,000 for two years. The First Amendment to the System and Services Agreement between Broward County and Brock (First Amendment) adds $4,750,000 to the original not-to-exceed amount of the Agreement and extends the current agreement by three additional one-year terms.

The previous threshold of this agreement was severely understated and did not allow for required upgrades to current County and TSA standards. This First Amendment encompasses capital project upgrades and includes all foreseeable and required upgrades, optimization studies, required site visits and remote health checks to insure optimal performance of the County’s Baggage Handling Systems at the Broward County Fort Lauderdale-Hollywood International Airport.

Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

MOTION TO APPROVE Agreement between Broward County and Brown and Caldwell for Request for Proposals (RFP) No. PNC2115559P1, Professional Engineering Services for Studies and Reports, for Water and Wastewater Services, for an initial three-year term to provide continuing term studies and reports on a work authorization basis, which the fee for work authorizations shall not exceed a total of $500,000 for any one year of the contract, and authorize the Director of Purchasing to extend the contract for two one-year renewals periods for a total not-to-exceed amount of $2,500,000, and authorize the Mayor and Clerk to execute same. The Agreement will begin on the date of execution by the Board of County Commissioners.

ACTION:  (T-10:45 AM)  Approved.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

In accordance with the Broward County Procurement Code, Section 21.31.a.4, Award Authority, Board approval is required for awarded exceeding $500,000.

Provides for professional engineering services for study and report activities related to all areas of Water and Wastewater Services.

None.

THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) participation goal of 25% for this agreement.  Brown and Caldwell has committed to 26% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 3).

This agreement provides for engineering services necessary for professional engineering studies and reports related to the following areas: planning, surveying, testing, process, compliance, permitting, water/wastewater, treatment plants, drainage systems, distribution/collection systems, lift stations, master pump stations, raw water, reclaimed water, by-product disposal, finance/administrative rates and fees, bond feasibility, annual engineering reports required by bond covenants, and information technology assistance.

On April 24, 2018 (Item No. 52), the Board approved the Request for Proposals (RFP) No. PNC2115559P1. Seven firms submitted proposals in response to the RFP.

On July 16, 2018, an Initial Evaluation Meeting was held. The Evaluation Committee determined that six firms were both responsive and responsible to the RFP requirements. Florida Technical Consultants, LLC was determined non-compliant to the goal compliance responsibility requirement.  

On August 17, 2018, a Final Evaluation Meeting was held and presentations from five firms were heard by the Evaluation Committee. The firm, Lakdas/Yohalem Engineering, Inc., withdrew from participating in the Final Evaluation Meeting. After presentations, evaluation and scoring, the Evaluation Committee named Brown and Caldwell as the first-ranked firm.

The Evaluation Committee's final recommendation of ranking was posted on the Purchasing Division website from August 31, 2018 to September 7, 2018, which provided an opportunity for any aggrieved proposer to file a formal protest. There were no protests filed within this timeframe.

Three Sunshine meetings were held to negotiate this agreement: October 29, October 31, and November 8, 2018. The meetings were attended by representatives from Brown and Caldwell, the Office of the County Attorney, the Purchasing Division and the Public Works Department.

After negotiations, there were three firms that either had a multiplier negotiated over 3% or an operating margin of over 10%. Brown and Caldwell (Prime) with a multiplier of 3.07; C Solutions, Inc. with an operating margin of 15%; and McCafferty Brinson Consulting, LLC with an operating margin of 15%. Staff's experience with national firms that provide consultant services related to water and wastewater treatment includes higher overhead and fringe than local firms due to the specialty and expertise of these firms. This information was provided to the County Auditor's Office (Exhibit 4).

Additional supporting documentation provided to the Evaluation Committee regarding this procurement can be found on Broward County’s Purchasing Division website at http://www.broward.org/Purchasing/Pages/Repository.aspx.

The Evaluation Committee consisted of:
Constance Mangan, Purchasing Manager, Purchasing Division, Finance and Administrative Services Department (Chair and Non-Voting Member)
Leonard Vialpando, Deputy Director, Environmental Protection and Growth Management Department
Clive Haynes, Enterprise Assistant Director, Operations Division, Water and Wastewater Services, Public Works Department
Rolando Nigaglioni, Construction Project Manager Supervisor, Water and Wastewater Services, Public Works Department

Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

MOTION TO AWARD fixed contract to single bidder, Cardinal Contractors, Inc., for Master Pump Station Controls Upgrade, Bid No. PNC2116668C1, for Water and Wastewater Services, in the amount of $3,918,250, which includes allowances in the amount of $102,250, to be substantially completed within 540 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty, and authorize the Mayor and Clerk to execute same. (Commission Districts 3, 4, 8 and 9)

(Withdrawn for further staff review.)

In accordance with the Broward County Procurement Code, Section 21.31.a.4, Award Authority, Board approval is required for awards exceeding $500,000 that includes a single bidder, rejection of apparent low bidder, or protested award.

Provides all labor, materials, equipment, services and incidentals for upgrades to eight master pump stations and the North Regional Wastewater Treatment Plant Base Station.

None.

THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 25% for this contract. Cardinal Contractors, Inc. committed to 29% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 2).

The contract provides for eight master pump stations upgrades and the North Regional Wastewater Treatment Plant Base Station. The specific improvements include upgrades and replacement of the master pump stations' programmable logic controller (PCL) and the remote telemetry unit (RTU) for improved reliability of the communication links.

This procurement carries a 100% performance and payment guaranty. The Purchasing Division confirmed with the surety company that Cardinal Contractors, Inc. has the capacity to obtain the required guaranty.

The allowances incorporated into this contract in the amount of $102,250 include: $45,000 for permit fees; $2,500 for Broward County permit fees; $50,000 for Florida Power and Light fees; $750 for identification badges; and $4,000 for fire watch fees. Expenditures under this allowance item must be approved by the contract administrator and will be reimbursed at the contractor's actual costs without mark-up.

In accordance with the Broward County Workforce Investment Program, Broward County Administrative Code, Section 19.211, these services are subject to the Workforce Investment Program. Cardinal Contractors, Inc. has agreed to be bound to the contractual obligations of the Workforce Investment Program.

Water and Wastewater Services reviewed the bid submitted by Cardinal Contractors, Inc. and concurs with the recommendation for award (Exhibit 3). Four final vendor performance evaluations have been completed for Cardinal Contractors, Inc.; the firm has a rating of 4.38 out of a possible 5.0. Copies of the vendor performance evaluations are available upon request.

The initial bid submitted by Cardinal Contractors, Inc. for the awarded line items was $3,941,250. The vendor offered a voluntary price reduction for Line 01-03, from $3,423,000 to $3,400,000, resulting in a savings of $23,000 and a revised total amount of $3,918,250. The Broward County Procurement Code, Section 21.30.f2(c), allows for a voluntary price reduction, if the reduction does not result in the modification or deletion of any condition of the bid.

The purchasing agent has researched the prices submitted by the recommended bidder, Cardinal Contractors, Inc., and has determined that the prices submitted are fair, reasonable and aligned with market analysis for the industry (Exhibit 4).

Prior to the original bid submission deadline of September 26, 2018, the purchasing agent and Water and Wastewater Services staff conducted vendor outreach in an effort to increase the number of bid responses. The solicitation advertisement period was extended to October 15, 2018; however, the extension yielded no additional bidders.

There was no protest or appeal filed regarding this procurement.

This bid posted on August 23, 2018 and opened on October 15, 2018; one bid was received with one declination (Exhibit 1).

The bid validity for this project expired on February 12, 2019. Cardinal Contractors, Inc. agreed to extend its bid validity through April 30, 2019 for this project.

Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

MOTION TO AWARD open-end multiple award contracts to low responsive, responsible bidders, High Tech Engineering, Inc. for Group 1, for Subsurface Facility and Utility Locating Services, Bid No. PNC2116408B1, for the Broward County Traffic Engineering Division, in the annual estimated amount of $458,320; and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $1,374,960. The initial contract period shall begin on the date of award and will terminate one year from that date.

ACTION:  (T-10:45 AM)  Approved.  (Scrivener’s Error – See County Administrator’s Report: Currently reads:  MOTION TO AWARD open-end multiple award contracts to low responsive, responsible bidders…and should read: MOTION TO AWARD open-end contract to low responsive, responsible bidder…)

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

In accordance with the Broward County Procurement Code, Section 21.31.a.4, Board approval is required for awards exceeding $500,000 that includes a single bidder, rejection of apparent low bidder, or protested award.

Provides for subsurface facility and utility locating services to locate and mark underground utilities and facilities prior to construction on an underground site.

None.

THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/TRAFFIC ENGINEERING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Office of Economic and Small Business Development did not establish a County Business Enterprise participation goal for this contract (Exhibit 2).

The purpose of this contract is to provide labor, materials, equipment, service, and incidentals to locate and mark underground utilities and facilities prior to construction. The work involves specialized equipment and software to perform various underground utility locating services, including ground penetrating radar and vacuum digging to prevent damage to the County's underground utilities and facilities.

On August 17, 2018, Groups 1, 3, and 4 were awarded as a "clean" low bid to USIC Locating Services, Inc. (USIC), as no bidder was determined to be nonresponsive or nonresponsible by the Director of Purchasing, no protests were filed, and more than one bidder submitted a response to this solicitation. The Board was notified of award recommendation on August 13, 2018 through the Low Bid Report process. There were no requests for Board action or protest; therefore, the Director of Purchasing awarded the contract by Groups (three different vendors). However, during the onboarding process with USIC for Groups 1, 3 and 4, the Traffic Engineering Division became aware that although USIC’s locating system is compatible with the County’s DigTrack software to receive locating requests, USIC's system cannot send the results back through the County’s DigTrack software system. The latter action is very critical to the County and, as a result, on January 3, 2019, the Director of Purchasing rescinded the award to USIC as they cannot perform the requirements of the contract. The other group awards (Group 2 to High Tech Engineering, Inc. and Group 5 to Venegroup Services Inc.) remained.

The Traffic Engineering Division has reviewed the bid submitted by High Tech Engineering, Inc. and concurs with the recommendation for award for Group 1 to High Tech Engineering, Inc. (Exhibit 3). Two evaluations were completed for High Tech Engineering, Inc.; the firm has an overall rating of 4.59 out of a possible 5. Copies of High Tech Engineering, Inc.'s vendor performance evaluations are available upon request.

The Purchasing Division has researched the prices submitted by the recommended bidders, High Tech Engineering, Inc., and has determined that the prices submitted are fair and reasonable in comparison to the previous Broward County contract (Exhibit 4).

The amounts referenced in this agenda item have been rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount. The bid tabulation reflects the actual amount of the award.

Incumbent: High Tech Engineering, Inc., Contract No. G1325001B1, Subsurface Facility and Utility Locating Services; Contract Term: August 21, 2015 through August 20, 2018. Expenditures to date: $1,940,944.

Groups rescinded from USIC (Group 3 and 4) is under the delegated award authority and will be awarded by the Director of Purchasing.

There was no protest or appeal filed regarding the original Recommendation for Award for this procurement.

The revised Recommendation for Award was posted on the Purchasing Division website from March 8, 2019 through March 14, 2019 to allow for any protest; there were no protests filed.

The bid posted on April 27, 2018 and opened on May 21, 2018; six bids were received with no declinations (Exhibit 1).

Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

MOTION TO APPROVE Agreement between Broward County and The Gordian Group, Inc. for Request for Proposals (RFP) No. PNC2116439P1, Job Order Contract (JOC) Program Consultant, in the amount of $3,250,000 for the initial five-year term from date of final acceptance, including optional services in the amount of $50,000 (inclusive of any renewals), and authorize the Director of Purchasing to renew this Agreement for an additional five-year term in the amount of $3,200,000; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

In accordance with the Broward County Procurement Code, Section 21.31.a.4, Board approval is required for awards exceeding $500,000. Additionally, in accordance with Procurement Code, Section 21.43, a contract for supplies or services may be entered into for no more than five years without the express consent of the Board.

Provides for the development, implementation, and support of a countywide Job Order Contract (JOC) Program.

None.

THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Office of Economic and Small Business Development did not establish a County Business Enterprise (CBE) participation goal (Exhibit 3).

This Agreement engages The Gordian Group, Inc. (Gordian) to develop, implement, and support a countywide Job Order Contract (JOC) Program. The JOC Program enables Broward County agencies to engage awarded JOC Program contractors, of various sizes, to perform building/facilities construction, including renovation and site-related work. As part of the JOC Program, Gordian will provide a web-based software system for developing individual project proposals. Gordian will work with the County to develop competitive bidding documents (to solicit and award JOC Program contractors), including a unit price book/catalog, technical specifications, and contractual requirements.

On March 20, 2018 (Item No. 65), the Board approved the Request for Proposals (RFP) No. PNC2116439P1, Job Order Contract (JOC) Program Consultant. At the time of the opening deadline of 5:00 p.m. on April 11, 2018, one submittal was received. Prior to the deadline, the Purchasing Division conducted outreach to previously identified firms. Two firms had been acquired by Gordian and another firm only provided services in a certain area (Texas). In addition to the outreach, there was a potential firm that reviewed the RFP and submitted a question; however, it did not submit a response.

On May 8, 2018, an Initial Evaluation Meeting was held. The Evaluation Committee determined that the single proposer was responsive and responsible to the RFP requirements and would proceed to final evaluation.

On May 16, 2018, a Software Demonstration Meeting was held. The project manager and technical team observed Gordian demonstrating certain tasks related to the scope of services. As a result, a Vendor Software Demonstration Fact Finding Report and Matrix was generated and provided to the Evaluation Committee.

On May 30, 2018, a Final Evaluation Meeting was held. After evaluation and a voice vote, the Evaluation Committee named Gordian as the first-ranked firm.

The Evaluation Committee's proposed recommendation of ranking was posted on the Purchasing Division website from June 1, 2018 through June 5, 2018, which provided an opportunity for any proposer or interested party to present any new or additional information regarding the responsibility of the proposers. There was no additional information submitted.

The Evaluation Committee's final recommendation of ranking was posted on the Purchasing Division website from June 6, 2018 through June 12, 2018, which provided an opportunity for any aggrieved proposer to file a formal protest. There was no protest filed within this timeframe.

Additional supporting documentation provided to the Evaluation Committee regarding this procurement can be found on Broward County’s Purchasing Division website at: http://www.broward.org/Purchasing/Pages/Repository.aspx.

Three negotiation meetings were held to negotiate this Agreement: August 6, 2018; August 29, 2018; and January 28, 2019. These meeting were attended by representatives of Gordian, the Facilities Management Division, the County Attorney's Office and the Purchasing Division.

The Evaluation Committee consisted of:
Carolyn Messersmith, Senior Purchasing Agent, Purchasing Division, Finance and Administrative Services Department (Chair and Non-Voting Member)
Trevor Fisher, Enterprise Director of Capital Projects, Aviation Department
Alan Garcia, Director, Water and Wastewater Services, Public Works Department
Ian Mitchell, Expansion Project Administrator, Facilities Management Division, Public Works Department

Brenda Billingsley, Director, Purchasing Division, (954) 357-6070

A. MOTION TO NOTE FOR THE RECORD emergency award of open-end Interim Contract No. BLD2114878BX for Chilled Water Systems Maintenance and Repairs for the Facilities Management Division to Daikin Applied Americas Inc. (Group 1) in the estimated amount of $375,286 and Johnson Controls, Inc. (Group 2) in the estimated amount of $190,099 for a six-month combined estimated total amount of $565,386; which includes allowances in the combined contract total amount of $2,500 for parts and materials not included in the routine maintenance but necessary for repairs. The interim contract began on August 14, 2018 and terminated on February 13, 2019.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO NOTE FOR THE RECORD emergency purchase orders for Chilled Water Systems Maintenance and Repairs issued to Daikin Applied Americas Inc. in the total amount of $421,968 and Johnson Controls, Inc. in the total amount of $80,202 for a combined total amount of $502,170.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

C. MOTION TO APPROVE retroactive extension of open-end Interim Contract No. BLD2114878BX to Daikin Applied Americas Inc. (Group 1) in the estimated amount of $700,000 and Johnson Controls, Inc. (Group 2) in the estimated amount of $450,000 for a six-month combined estimated amount of $1,150,000, which includes allowances in the combined total amount of $214,000 for parts and materials not included in the routine maintenance but necessary for repairs. The interim contract will be on a month-to-month basis retroactive to February 14, 2019 through August 13, 2019.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Motions A and B: In accordance with the Broward County Procurement Code, Section 21.39.b, an emergency procurement exceeding the award authority of the Director of Purchasing shall be reported to the Board.

Motion C: In accordance with the Broward County Procurement Code, Section 21.31.a.4, all contracts over $500,000, regardless of the number of years of the contracts, shall be awarded by the Board.

Motions A and B: Disclose to the Board emergency contracts awarded by the Director of Purchasing for chilled water systems maintenance and repair services for the Facilities Management Division.

Motion C: Provides for uninterrupted, continued chilled water systems maintenance and repair services at various Broward County operated facilities and locations.

None.

THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

There are no goals assigned to this contract because an emergency procurement approved by the Director of Purchasing is exempt from application of participation goals.

The purpose of the contract is to provide uninterrupted, continued chilled water systems maintenance and repair services at various Broward County operated facilities and locations.

On April 26, 2016 (Item No. 19), open-end Contract No. R1298814B1, Chilled Water System Maintenance, Repairs, Upgrades and Replacement Services for Various Locations, was awarded to Carrier Corporation in the estimated annual amount of $398,300 for a total estimated amount of $796,600 for the initial two-year term, and authorized the Director of Purchasing to renew the contract for three one-year periods in the estimated amount of $2,064,638, for a potential five-year term. The initial contract term began on May 1, 2016 and expired on April 30, 2018. The Facilities Management Division (FMD) opted not to exercise the optional renewal terms and chose to re-bid for a replacement contract. On April 30, 2018, the Director of Purchasing approved a 90-day contract extension and Contract No. R1298814B1 expired on July 30, 2018.

On May 7, 2018, Bid No. BLD2114878B1 for Chilled Water System Maintenance and Repairs advertised with a required 5% bid bond and a County Business Enterprise (CBE) goal of 15% for each of the two groups. The bid opened on May 30, 2018 with three responses and one declination. Upon review of the bid responses, it was determined that none of the bidders timely submitted the required original bid bond to the Purchasing Division prior to the bid opening. In addition, the Office of Economic and Small Business Development (OESBD) CBE goal evaluation determined that two of the three bidders, Daikin Applied Americas Inc. (Daikin) and Johnson Control, Inc. (JCI), failed to meet the CBE participation goals for the bid. OESBD also determined that neither Daikin nor JCI provided Good Faith Efforts to meet the CBE goals for the bid.

On August 10, 2018, the Director of Purchasing approved the rejection of all bidders: Carrier Corporation, Daikin and JCI.

Carrier Corporation, the incumbent for Contract No. R1298814B1, declined to enter into an interim contract unless the firm was recommended and awarded Bid No. BLD2114878B1. Daikin and JCI both agreed to enter into Interim Contract No. BLD2114878BX under the same terms and conditions of Bid No. BLD2114878B1 with certain exception to the Specifications and Requirements, "Initial Equipment Inspection", which was deleted in its entirety. Thereby, the Contractor(s) shall not be responsible for the cost of repairs as stated therein, and the work shall be done at the hourly rate offered in the Bid Item Response Form. Both Daikin and JCI offered a voluntary price reduction for Interim Contract No. BLD2114878BX.

On August 14, 2018, the Director of Purchasing approved the emergency award of Interim Contract No. BLD2114878BX to Daikin (Group 1) and JCI (Group 2) to provide "Chilled Water Systems Maintenance and Repair Services" for FMD (Exhibit 2). In an effort to avoid the risk and harm to employees, equipment and the public at large, Interim Contract No. BLD2114878BX began on August 14, 2018 and terminated six months from that date. The interim contract also afforded FMD time to enter and submit a new requisition with current and updated supporting documents necessary to process and complete a new procurement, e.g. goals memo, insurance, etc. Interim Contract No. BLD2114878BX expired on February 13, 2019.

February 12, 2019, FMD  entered a total of 14 requisitions for the issuance of emergency purchase orders to Daikin and JCI for emergency chilled water systems services (Exhibit 3). On March 13, 2019, the Director of Purchasing directed staff to issue the emergency purchase orders to Daikin in the total amount of $421,968; and two emergency purchase orders to JCI in the total amount of $80,202 for a combined total of 14 emergency purchase orders in the total amount of $502,170. The Director of Purchasing also determined that in order to provide continuity of services the Interim Contract No. BLD2114878BX should be retroactively extended on a month-to-month basis through August 13, 2019 to ensure chilled water systems maintenance and repairs are uninterrupted until a replacement contract is awarded. Both Daikin and JCI have agreed to an extension of Interim Contract No. BLD2114878BX (Exhibit 4).

In accordance with the Broward County Living Wage Ordinance, Broward County Administrative Code, Section 26-101 (i), these services are covered services. Both Daikin and JCI have agreed to be bound to the contractual obligations of the Living Wage Ordinance, as amended (Exhibit 5).

The amounts referenced in this agenda were rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount. The bid tabulation reflects the actual amount of the award (Exhibit 1). 

It is anticipated that a replacement contract will be completed prior to August 13, 2019.

Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

MOTION TO APPROVE Memorandum of Understanding (MOU) between Broward County and Sheriff of Broward County for providing access to the Public Safety Security Camera System in the Broward Municipal Services District to assist with Law Enforcement activities in the area, in substantially the form attached, subject to review by the Office of the County Attorney for legal sufficiency.

(Per the Tuesday Morning Memorandum, at the end of the Motion Statement, the following language should be included: “and to authorize the Mayor and Clerk to execute same.”)

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Board approval is required for the Memorandum of Understanding.

Approves the Memorandum of Understanding between Broward County and Sheriff of Broward County.

None.

The County initiated a procurement that will allow for a Public Safety Security Camera System to be installed in the Broadview Park and Central County portions of the Broward Municipal Services District for use for law enforcement activities only. The attached Memorandum of Understanding (Exhibit 1) between Broward County and the Sheriff of Broward outlines the roles and responsibilities for the public safety security camera system to include adherence to standards, developed by the Sheriff’s Office, regarding access to and use of the system.

The implementation of the Public Safety Security Camera System in Broadview Park and Central County neighborhoods have been discussed with each Homeowner’s Association, and County staff and BSO have received positive feedback during these meetings on the implementation of this system.

Alphonso Jefferson, Jr., Assistant County Administrator, (954) 357-7352

MOTION TO APPOINT Ruben D. Bell to the Central County Community Advisory Board.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Board must appoint the members of the Central County Community Advisory Board.

Appoints Ruben D. Bell to the Central County Community Advisory Board.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION OF COUNTY ADMINISTRATION RECOMMEND APPROVAL OF THE ABOVE MOTION.

On September 11, 2012, the Board created the Central County Community Advisory Board (CCCAB) with membership from the four neighborhoods comprising the Central County Community. Four of the members are the presidents of the recognized neighborhood associations - the Boulevard Gardens Homeowner’s Association, Friends of Franklin Park, Roosevelt Gardens Homeowner’s Association and Washington Park Civic Association.

The enacting Resolution provides for four residents to serve as members of the CCCAB. A single resident from each of the four neighborhoods may be appointed to the CCCAB. The Resolution also provides for a resident to serve on the CCCAB if the President or the Vice-President of the neighborhood association is not willing to serve or was removed by the Board. The Intergovernmental Affairs and Boards Section, in cooperation with the Environmental Protection and Growth Management Department (EPGMD), developed an application for submission by residents desiring appointment to the CCCAB. Applications are distributed to the neighborhood associations' meeting places when a vacancy occurs.

Mr. Ruben D. Bell is a Boulevard Gardens resident. His application was reviewed by the County Attorney's Office and he qualifies to serve on the CCCAB.

The County Attorney's qualification memorandum for Mr. Bell is included as Exhibit 1.

C. Marty Cassini, Manager, Intergovernmental Affairs/Boards Section, (954) 357-7575
Orlando A. Garcia, Boards Administrator/Legislative Policy Analyst, Intergovernmental Affairs/Boards Section, (954) 357-5934
Josie Sesodia, Director, Environmental Protection and Growth Management Department, Planning and Development Management Division, (954)-357-6602

MOTION TO CONSIDER APPROVAL of a plat entitled Plantation Storage (006-MP-18). (Commission District 5)

ACTION:  (T-10:45 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires plats to be approved by the Board of County Commissioners.

Approves the plat subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of a plat application to develop 110,000 square feet of self-storage on approximately 6.1 acres located on the northwest corner of State Road 84 and Southwest 125 Avenue, in the City of Plantation. See attached Development Review Report.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

MOTION TO CONSIDER APPROVAL of a plat entitled Oakland Park Multi-Family (026-MP-18). (Commission District 4)

ACTION:  (T-10:45 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
 

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires plats to be approved by the Board of County Commissioners.

Approves the plat subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of a plat application to develop 114 townhouse units on approximately 6.6 acres located at the north side of Northeast 58 Street, between Northeast 9 Avenue and North Dixie Highway, in the City of Oakland Park. This plat is not subject to Policy 02.16.2 regarding affordable housing, as the site was not the subject of a Broward County Land Use Plan Amendment. See attached Development Review Report.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

MOTION TO CONSIDER APPROVAL of New Findings of Adequacy for a plat entitled 2275 W. State Road 84 Plat (042-MP-08). (Commission District 7)

ACTION:  (T-10:45 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Findings of adequacy for plats approved pursuant to Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) expire five years from the approval date. New findings of adequacy must be approved by the Board before a building permit can be issued.

Approves findings of adequacy for another five years for the plat, subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of an application for new findings of adequacy to develop 140 mid-rise units and 5,000 square feet of commercial on Parcel B, on approximately 2.8 acres located on Northwest corner of State Road 84 and Southwest 22 Terrace, in the City of Fort Lauderdale. The plat was approved on August 11, 2009, for 144-room hotel and an ancillary restaurant (existing) on Parcel A and 175-room hotel on Parcel B, with a requirement that either a building permit be issued or the infrastructure for development be installed by August 11, 2014. Although Parcel A was developed, no building permit was issued, nor infrastructure installed on Parcel B. Parcel B remains vacant, and the findings of adequacy expired on August 11, 2014. This plat is not subject to Policy 2.16.2, regarding provision of affordable housing, as the site was not subject to a Broward County Land Use Plan Amendment. See attached Development Review Report.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

MOTION TO APPROVE appointment of Paula Smith to the Children's Services Board.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.

Board approval is necessary to fill vacancies.

Fills a vacancy on the Children's Services Board.

None.

THE INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION RECOMMENDS APPROVAL OF THIS ITEM.

The Children's Services Board (CSB) is comprised of 20 members appointed by the Broward County Commission. The Broward Sheriff's Office is one of the six organizations that nominate a member to be appointed by the County Commission.

The following nomination has been received by the Human Services Department (HSD) for appointment to the CSB pursuant to Section 1-485, Broward County Code:

Ms. Smith was nominated by the Broward Sheriff's Office to serve on the CSB on March 8, 2019. The County Attorney's has determined that Ms. Smith qualifies for appointment (see Exhibit 1).

C. Marty Cassini, Manager, Intergovernmental Affairs/Boards Section, (954) 357-7575
Silvia Beebe, Assistant Division Director, Community Partnerships Division, (954) 357-6396
Orlando A. Garcia, Boards Administrator/Legislative Policy Analyst, Intergovernmental Affairs/Boards Section, (954) 357-5934

MOTION TO APPROVE Revocable License Agreement between Broward County (County) and the City of Miramar (City) granting the County an encroachment into the City’s right-of-way, at no cost to the County, to allow for the County’s installation of a fence around a portion of property within the City's right-of-way abutting Southwest 35th Street and Southwest 62nd Way; and authorize Mayor and Clerk to execute same. (Commission District 5)

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
 

An archeological grave site is contained partially within the City's right-of-way. The County wants to install a fence around County property that includes the grave site.

This action allows the County to protect an archeological site by installing the fence into the City's right-of-way and around the outside of an archeological grave site.

None.

PARKS AND RECREATION DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.

The County purchased property at 3601 Southwest 62nd Way in Miramar, Property ID No. 514125010630, in 2015 as an addition to Snake Warrior’s Island. Archeological and Historical Conservancy completed an archeological assessment of the property the same year. The assessment determined that a historical grave was along the boundary of the property, partially within the right-of-way. The assessment and personal communications with the archeologists recommend fencing the historical grave site into the park. Park operations and administration agree that this is the best course of action. The City conceptually agreed to allow this encroachment into the right-of-way. The location was marked by the archeologists in the field and surveyed by County surveyors. City Attorney and staff drafted the Revocable License Agreement, which was reviewed by the Office of the County Attorney.

The total encroachment will be five feet into the City's right-of-way for a distance of 25 feet parallel with the right-of-way. The County will not use the encroachment area for any other purpose without written consent from the City. This license is an annual revocable license that automatically renews each year unless terminated.

Dan West, Director, Parks and Recreation Division, (954) 357-8106

MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Driver’s License and Motor Vehicle Record Data Exchange Usage by the Environmental and Consumer Protection Division - Report No. 19-07.

ACTION:  (T-10:45 AM)  Approved.  

VOTE:  9-0.  Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
 

At the request of management, we conducted an audit of the internal controls over Environmental and Consumer Protection Division’s access and usage of the Driver’s License and Motor Vehicle Record Data Exchange (DAVE) provided by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our audit objectives were to determine whether:

We conclude that the use of DAVE complies with the terms of the Memorandum of Understanding with DHSMV, and internal controls are adequate to ensure compliance. Opportunities for Improvement are included within the report.

We appreciate the cooperation and assistance provided by the Environmental and Consumer Protection and Enterprise Technology Services Divisions throughout the course of our audit.