Agenda

ACTION AGENDA

MEETING OF NOVEMBER 8, 2011

(Meeting convened at 10:08 a.m., recessed at 12:56 p.m., reconvened at 3:27 p.m.,
recessed at 5:57 p.m., reconvened at 8:35 p.m., and adjourned at 9:35 p.m.)

PLEDGE OF ALLEGIANCE was led by Mayor Sue Gunzburger, District 6.

CALL TO ORDER was led by Mayor Sue Gunzburger, District 6.

MOMENT OF SILENCE

In memory of Marie Durso Scuotto, mother of Sunrise Commissioner Joseph Scuotto.

In memory of Jean Simon, aunt to Commissioner's Aide Desiree Barnes.

In memory of Robert Aspinall, "Red Bob," Hollywood Division Chief/Fire Marshall.

In memory of our brave men and women serving in the United States Armed Forces.

COMMISSIONER	DISTRICT	ATTENDANCE
Sue Gunzburger	6	Present
Dale V.C. Holness	9	Present
Kristin Jacobs	2	Present
Chip LaMarca	4	Present
Ilene Lieberman	1	Present
Stacy Ritter	3	Present
John E. Rodstrom, Jr.	7	Present
Barbara Sharief	8	Present
Lois Wexler	5	Present


		CONSENT AGENDA A motion was made by Commissioner Lieberman, seconded by Commissioner Holness and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 28. At the request of the Mayor, Regular Items 30, 36 and 40 were transferred to the Consent Agenda, as well as Item 41 was transferred to the Consent Agenda with an amendment. Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote. The following item was withdrawn/deferred: 34. The following items were pulled by the Board and considered separately: 2, 6, 10 and 19. The following items were pulled by members of the public and considered separately: 18, 19 and 20. BEST OF BROWARD "THE LIBRARY WITHOUT WALLS" PRESENTED BY LIBRARIES DIVISION Director of Broward County Libraries Robert E. Cannon provided a PowerPoint Presentation relating to "The Library Without Walls."

		BOARD APPOINTMENTS

1.		MOTION TO APPROVE Board Appointments

	A.	MOTION TO APPOINT Dana Panza Macdonald to the Parks and Recreation Advisory Board. (Commissioner LaMarca) ACTION: (T-10:28 AM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by Commissioner LaMarca. VOTE: 9-0.

	B.	MOTION TO APPOINT Roberto Fernandez, III to the Broward County Historical Commission. (Commissioner Lieberman) ACTION: (T-10:28 AM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by Commissioner Lieberman. VOTE: 9-0.

		HUMAN SERVICES DEPARTMENT

		COMMUNITY PARTNERSHIPS DIVISION

2.		A. MOTION TO APPROVE Renewal No. 1, Amendment No. 4 of the original Agreement, Contract No. CPU10 between the State of Florida Department of Health (DOH), Children’s Medical Services and Broward County, to provide medical and support services to allegedly abused and neglected children in Broward County, to be effective upon execution through June 30, 2012, increasing the Fiscal Year 2011-2012 amount of the Contract by $19,904, from $1,099,107 to $1,119,011, and to authorize the County Administrator to make the necessary administrative and budgetary actions during the term of the agreement, and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Sharief.) ACTION: (T-4:50 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-677 in the amount of $19,904 for Fiscal Year 2011-2012 within the State Grant Fund 7521 for the Community Partnerships Division/Sexual Assault Treatment Center/Child Protection Team. (This item was pulled by Commissioner Sharief.) ACTION: (T-4:50 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0.



		ELDERLY AND VETERANS SERVICES DIVISION

3.		A. MOTION TO ADOPT unanticipated revenue Resolution 2011-678 within the Mental Health Grant Fund 9839 for the Elderly and Veterans Services Division in the amount of $65,000 for the recognition of revenue received as part of the Settlement Agreement between the State Florida, Department of Children and Families and Broward County for the purpose of settling County’s demand for payment of services provided in good faith by the Elderly and Veteran Services Division under contract JH299. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-679 within the Mental Health Grant Fund 8332 for the Elderly and Veterans Services Division in the amount of $68,494 for the recognition of revenue received as part of the Settlement Agreement between the State Florida, Department of Children and Families and Broward County for the purpose of settling County’s demand for payment of services provided in good faith by the Elderly and Veteran Services Division under contract JH299. ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motion B reads: Settlement Agreement between the State Florida, and should read: State of Florida.) VOTE: 9-0.



4.		A. MOTION TO ADOPT unanticipated revenue Resolution 2011-680 within the Behavioral Health Grant Fund 8333 in the amount of $90,933 for the recognition of revenue from operations, inkind revenue, and commissions and fees for payment of administrative cost-sharing and services provided to clients for the State fiscal year 2011. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-681 within the Behavioral Health Grant Fund 9955 in the amount of $205,395 for the recognition of revenue from commissions and fees for payment of administrative cost-sharing and services provided to clients for the State fiscal year 2012. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



		TRANSPORTATION DEPARTMENT

		TRANSIT DIVISION

5.		A. MOTION TO APPROVE Agreement between Broward County and the City of Sunrise, for maintenance of bus shelters installed by the County at various locations in the City; and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO APPROVE Agreement between Broward County and the City of Pembroke Pines, for maintenance of bus shelters installed by the County at various locations in the City; and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0. C. MOTION TO AUTHORIZE County Administrator, or Director of the Transit Division, to approve and execute amendments to the bus shelter maintenance agreements with the Cities of Sunrise and Pembroke Pines for bus shelter maintenance to include additional bus shelters in the event additional funding is made available. (Commission Districts 1, 3, 5 and 8) (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Scrivener’s Error – See County Administrator’s Report: Motion C should include Commission District 6.) (Refer to minutes for full discussion.) VOTE: 9-0.



6.		MOTION TO AUTHORIZE Director of Purchasing to execute a new Software License as part of a Systems, Services and License Agreement with StrataGen Systems, Inc. (StrataGen), the term of the License Agreement shall be perpetual and shall survive and continue in full force and effect perpetually. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



		OFFICE OF MANAGEMENT AND BUDGET

7.		MOTION TO INCREASE personnel cap within the General Fund by three positions for the purpose of hiring staff for Broward County's Childcare Food Service Inspection program. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		COUNTY ATTORNEY

8.		MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Brenda McNab v. Broward County, 17th Judicial Circuit Court Case No. 11-002848.18. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		COUNTY ADMINISTRATION

		LIBRARIES DIVISION

9.		MOTION TO ADOPT Resolution 2011-682 of the Board of County Commissioners of Broward County, Florida, authorizing the acceptance of a donation in the amount of $26,880 from the Broward Public Library Foundation, Albert Jacobs and Ann Jacobs Trust to continue funding one Library Specialist I grant position (part time 20 with benefits), from January 1, 2012, through December 31, 2012, for the enhancement of the literacy program at the County's Lauderhill Towne Centre Branch Library; authorizing the County Administrator to take all administrative and budgetary actions; providing for severability; and providing for an effective date. (Commission District 1) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

10.		MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances relating to the Historical Commission as contained in Chapter 1, Article VII Sections 1-116 through 1-127 to effectuate organizational changes as a result of FY11 budgetary actions. (This item was pulled by Commissioner LaMarca.) ACTION: (T-4:54 PM) Approved. The Board asked staff to bring information back to the Board relating to the responsibilities of staff at the Historical Commission prior to bringing the Ordinance back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0.

		REQUEST TO SET FOR PUBLIC HEARING

11.		MOTION TO ADOPT Resolution 2011-683 directing the County Administrator to publish Notice of Public Hearing to be held Tuesday, December 13, 2011, at 2:00 P.M., in Room 422 of the Governmental Center, to consider adoption of a proposed Resolution amending the Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 12, PART XII, SECTIONS 12.130 THROUGH 12.132 OF THE BROWARD COUNTY ADMINISTRATIVE CODE; PERTAINING TO THE BROWARD COUNTY COMMUNITY ACTION AGENCY ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE BROWARD COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

		DEVELOPMENT AND ENVIRONMENTAL REGULATION DIVISION

12.		MOTION TO APPROVE expenditure of $25,000.00 from the Broward County Tree Preservation Trust Fund for the annual Water Matters Day Tree Giveaway. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

13.		MOTION TO APPROVE agreement between Broward County and the Town of Southwest Ranches disbursing up to $15,590.51 from the Tree Preservation Trust Fund and authorizing the Mayor and Clerk to execute same. (Commission Districts 5 and 8) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION

14.		MOTION TO ADOPT Resolution 2011-684 of the Board of County Commissioners of Broward County, Florida, amending Broward County’s Five Year Consolidated Plan for Fiscal Years 2010-2014 and the accompanying Annual Action Plan for Fiscal Year 2010-2011; adding Census Tract 509 west of North Andrews Avenue to the areas of greatest need identified as eligible for Neighborhood Stabilization Program 3 (NSP3) projects including single-family acquisition, rehabilitation and resale, and low income single and multi-family acquisition, rehabilitation and rental; authorizing the County Administrator to take the necessary administrative actions to implement the changes, including executing amendments to agreements on behalf of the Board; providing for severability; and providing for an effective date. ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motion should include District 4.) VOTE: 9-0.

		NATURAL RESOURCES PLANNING AND MANAGEMENT DIVISION

15.		MOTION TO APPROVE Final Open Space Park Management Plan for Open Space Site OS-141, also known as the Sunny Lake Expansion, in the Town of Davie. (Commission District 7) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



16.		MOTION TO APPROVE Final Open Space Park Management Plan for Open Space Site OS-123, also known as the Miramar Civic Center Addition, in the City of Miramar. (Commission District 8) ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 2, “Priority Schedule” title header reads: Activity 2012, 2015, 2015 and should read: 2012, 2015, 2016.) VOTE: 9-0.



17.		A. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Coconut Creek providing for cost share support in the regional Water Conservation Incentives Program to be expanded to include the City’s water utility service area and reimbursing Broward County for specific activities associated with program administration, promotion, and implementation, effective upon execution, for a period of sixty-six (66) months at a total cost to the City not-to-exceed $134,252; and authorize the Mayor and Clerk to execute same. (Commission District 2) ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-685 within the Natural Resources Planning and Management (NRPM) Contract Fund for the Natural Resources Planning and Management Division in the amount of $26,159 for Coconut Creek’s participation in the regional Broward Water Conservation Incentives Program in FY 2012. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



		POLLUTION PREVENTION, REMEDIATION AND AIR QUALITY DIVISION

18.		A. MOTION TO ACCEPT U.S. Department of Homeland Security (U.S. DHS) Cooperative Agreement No. 2006-ST-091-000015-06 Amendment Number 1 supplemental award in the amount of $22,450, representing supplemental funding for year six of a six-year Agreement to continue the BioWatch monitoring program in Broward County, and authorize the County Administrator to take the necessary administrative and budgetary actions to execute same. The project funding period is from July 1, 2011 to June 30, 2012. (This item was pulled by a member of the public.) ACTION: (T-5:00 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-686 within the Air Pollution Control Fund 8308 for the Environmental Protection and Growth Management Department in the amount of $22,450 for the purpose of recognizing the supplemental grant funds received from U.S. DHS. (This item was pulled by a member of the public.) ACTION: (T-5:00 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0.

		FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT

19.		A. MOTION TO DIRECT staff to remove the CBE participation goal from the Agreements for Financial Advisory Services (RLI No. 20070222-0-FA-1). (This item was pulled by Commissioners Holness, Lieberman, Ritter, Wexler and a member of the public.) ACTION: (T-5:03 PM) The Board rejected this item. VOTE: 9-0. B. MOTION TO AUTHORIZE renewal of Agreements as amended between Broward County and Jefferies & Company, Inc. (f/k/a DEPFA First Albany Securities, LLC), Public Financial Management, Inc., Public Resources Advisory Group, Inc., and Raymond James & Associates, Inc., for Financial Advisory Services (RLI No. 20070222-0-FA-1). ACTION: (T-5:03 PM) Approved, as amended, with a condition on renewal of Agreements that relate to bond issues and that advisement be received as to CBE's being met or showing good faith effort. The Board asked staff to increase the number of firms that will register and qualify. (Refer to minutes for full discussion.) VOTE: 9-0.

		PURCHASING DIVISION

		For Environmental Protection and Growth Management Department

20.		MOTION TO AWARD fixed contract to low bidder, Audio Visual Innovations, Inc., for Broward County Emergency Operations Center Audio/Visual Upgrade, Bid No. Q0969302B1, for the Emergency Management Division, in the total amount of $328,398, including a pass-thru allowance for permit fees in the amount of $5,000, to be completed in 90 calendar days from the issuance of the First Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty. (Commission District 1) (This item was pulled by a member of the public.) ACTION: (T-9:13 PM) Approved. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioners Holness and Jacobs were out of the room during the vote. ACTION: (T-9:17 PM) Commissioner Holness requested being shown in the affirmative. VOTE: 8-0.

		For Public Works Department

21.		MOTION TO AWARD fixed contract to low responsive, responsible bidder, Ric-Man Construction Florida, Inc., for UAZ 207 Lighthouse Point 12-Inch Water Main and 16-Inch Force Main Installation, Bid No. Y0938603C1, for Water and Wastewater Services, in the total amount of $1,156,817, including pass-thru allowances for services and permit fees in the amount of $95,000, to be completed in 200 calendar days from the initiation date specified in the Second Notice to Proceed, contingent upon the receipt and approval of performance and payment guaranty. (Project Number 9090/9112) (Commission District 4) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		For Transportation Department

22.		MOTION TO AWARD open-end multiple-award contracts to all responsive, responsible bidders per Exhibit 1, for Bus Parts - New/Rebuilt/Original Equipment Manufacturer (OEM)/Aftermarket, Bid No. V0952701B1, for the Transit Division, in the annual estimated amount of $5,000,000, and authorize the Director of Purchasing to renew the contracts for two one-year periods, for a three-year potential estimated amount of $15,000,000, and authorize the Director of Purchasing to add vendors upon receipt and acceptance of required documentation. The initial contract period begins on the date of award and terminates one year from that date. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		RECORDS, TAXES, AND TREASURY DIVISION

23.		A. MOTION TO ADOPT Resolution 2011-687 authorizing cancellation of warrants from Central Account No. 2079940003785, Tax Refund Account No. 2000044269850, Self Insurance Account No. 2090002760518, Payroll Account No. 2079940003798, and Tax and License Account No. 2090002760916 due to having a stale date, being unclaimed, or not being negotiated. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT Resolution 2011-688 authorizing cancellation of warrants from Central Account No. 2079940003785, and Tax Refund Account No. 2000044269850 due to being lost or stolen. Checks have been reissued. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		PORT EVERGLADES

24.		MOTION TO APPROVE Agreement between Broward County and the State of Florida Department of Environmental Protection providing for the restoration of the John U. Lloyd Beach State Park South Jetty Fishing Walkway and Sand Tightening of a portion of the South Jetty; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



		AVIATION DEPARTMENT

25.		A. MOTION TO APPROVE Second Amendment to Agreement between Broward County and EAC Consulting, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO APPROVE Second Amendment to Agreement between Broward County and HDR Engineering, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. C. MOTION TO APPROVE Second Amendment to Agreement between Broward County and Reynolds, Smith and Hills, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

26.		A. MOTION TO APPROVE Automated Retail Concession Agreement between Broward County, Florida and NewZoom, Inc. d/b/a ZoomSystems Request for Letters of Interest No. 20100308-0-AV-01; to provide a non-exclusive retail vending concession of nationally branded products to the Terminal Complex and the Rental Car Center at the Fort Lauderdale- Hollywood International Airport, effective on the date of execution by the Board and to expire on the last day of the fifth Contract Year; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO APPROVE Automated Retail Concession Agreement between Broward County, Florida and Utique, Inc. Request for Letters of Interest No. 20100308-0-AV-01; to provide a non-exclusive retail vending concession of nationally branded products in the Terminal Complex and the Rental Car Center at the Fort Lauderdale-Hollywood International Airport, effective on the date of execution by the Board and to expire on the last day of the fifth Contract Year; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

27.		MOTION TO APPROVE Seventh Amendment to the Agreement between Broward County and Landrum & Brown, Inc., for Consultant Services relating to an Environmental Impact Statement for an Airport Runway Extension at the Fort Lauderdale-Hollywood International Airport, Request for Letters of Interest No. 20030325-0-AV-01, adding a maximum not to exceed amount of $199,700, and reimbursables in the amount of $2,500, for a total Agreement increase of $202,200, revising the total Agreement to $10,511,758, and extending the Agreement from December 31, 2011 to December 31, 2012; and authorize Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



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28.		DISCUSSION: of New Findings of Adequacy for plat entitled “Westwind II Plat” (124-MP-05). (Commission District 8) ACTION: (T-10:28 AM) Approved the plat subject to staff’s recommendations as outlined in the Development Review Report. VOTE: 9-0.

		END OF QUASI-JUDICIAL CONSENT HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

		REGULAR AGENDA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

		QUASI-JUDICIAL HEARING Please be advised that the following item on the Commission’s agenda is quasi-judicial in nature. If you wish to object or comment upon this item, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. All witnesses who will testify on any quasi-judicial item will be sworn. Participants who are members of the general public need not be sworn and will not be subject to cross examination if they are not sworn. The Commission shall not assign unsworn testimony the same weight or credibility as sworn testimony in its deliberations.

29.		DELEGATION: John Milledge regarding: A. MOTION TO APPROVE: Request for time extension to claim impact/concurrency fee credit due to litigation pursuant to Subsection 5-180(e) of the Land Development Code for the I-595 Commerce Center Plat (054-MP-08). (Commission District 7) ACTION: (T-9:18 PM) Approved applicant's request with credits to begin on October 1, 2009 subject to all other staff recommended conditions of approval. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present. B. MOTION TO APPROVE: Impact/Concurrency Fee Credit Agreement relating to the I-595 Commerce Center Plat (054-MP-08). (Commission District 7) ACTION: (T-9:18 PM) Approved applicant's request with credits to begin on October 1, 2009 subject to all other staff recommended conditions of approval. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present.

		END OF QUASI-JUDICIAL HEARING

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		OFFICE OF INTERGOVERNMENTAL AFFAIRS AND PROFESSIONAL STANDARDS

30.		MOTION TO APPROVE recommendation to create a fundraising mechanism for the Commission on the Status of Women (CSW), Broward County’s Advantage Marketing Program. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. (See Yellow-Sheeted Additional Material attached to this item.) VOTE: 9-0.

		FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT

31.		MOTION TO DISCUSS capital improvement project funding request from the Arena Operating Company (AOC) in the amount of $7.7 million. ACTION: (T-3:29 PM) Following Board discussion, the Board approved the capital improvement project funding request from the (AOC) in the amount of $7.7 with direction to staff to further negotiate based on Board discussion today in terms of reducing the threshold under which the County receives revenue. The Board directed staff to work with bond counsel to ensure there are no violations that will render taxable outstanding bonds relating to potential revenue received by the County. (Refer to minutes for full discussion.) VOTE: 7-1. Commissioner Ritter abstained from voting. Commissioner Wexler voted no. (See Yellow-Sheeted Additional Material attached to this item.)

32.		MOTION TO APPROVE ratification of the final ranking of the qualified firms for Request for Letters of Interest (RLI) No. R0884605R1, Port Everglades Wetland Enhancement/Southport Turning Notch Expansion - Engineering Design; the ranked firms are: 1 - DeRose Design Consultants, Inc.; 2 - Miller Legg & Associates, Inc.; 3 - Tetra Tech, Inc.; 4 - Halcrow (USA), Inc., and authorize staff to proceed with negotiations. ACTION: (T-5:29 PM) The Board tabled this item following the 5:30 p.m., Redistricting Hearing. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-8:35 PM) The Board directed that presentations be heard. (Refer to minutes for full discussion.) VOTE: 7-2. Commissioners Jacobs and Lieberman voted no.

		PURCHASING DIVISION

		For Aviation Department

33.		A. MOTION TO RATIFY recommendation of a conflict of interest determination in the affiliation between Facilities Management Solutions, LLC d/b/a Turner Facilities Management Solutions, a subsidiary of Turner Construction Company, a proposer for Request for Proposals (RFP) No. R0907517P1, Photographic Documentation of Construction for the Broward County Aviation Department, and Turner Construction Company, the first-ranked firm, for RFP No. N0923313P1, Construction Project Management (CPM) - Terminal 4 Gate Replacement. ACTION: (T-9:18 PM) The Board waived their Conflict of Interest Policy and directed staff to enter into negotiations with Turner Facilities Management Solutions. (Refer to minutes for full discussion.) VOTE: 8-1. Commissioner Lieberman voted no. B. MOTION TO AUTHORIZE Director of Purchasing to reject all proposals and solicit a new procurement, RFP R0907517P2, Photographic Documentation of Construction for the Broward County Aviation Department. ACTION: (T-9:18 PM) The Board waived their Conflict of Interest Policy and directed staff to enter into negotiations with Turner Facilities Management Solutions. (Refer to minutes for full discussion.) VOTE: 8-1. Commissioner Lieberman voted no.

		For Public Works Department

34.		MOTION TO APPROVE Request for Letters of Interest (RLI) No. R0929503R1 for Engineering Consultant Services for the Public Works Department, Highway Construction and Engineering Division. (Withdrawn for further staff review.)

35.		A. MOTION TO APPROVE Option Contract for Sale and Purchase between Broward County and Legacy Development of Broward, LLC in consideration of $105,000 commencing on the date the Agreement is executed and terminating March 31, 2012, granting Broward County the right, subject to the Seller satisfactorily performing certain conditions precedent, to purchase 1.9082 acres of land, including the historically designated “Coca Cola Building”, in the amount of $6,500,000; and authorize the Mayor and Clerk to execute the same. (Commission District 7) ACTION: (T-5:25 PM) Approved. VOTE: 9-0. ACTION: (T-5:25 PM) The Board reconsidered this item. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-9:23 PM) Approved with the Yellow Sheeted Additional Material dated November 8, 2011, submitted by County Administration and Public Works. The Board asked staff to look at including a fly-over for parking. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present. B. MOTION TO APPROVE deliberately phased Developer's Agreement between Broward County and Stiles Corporation for the design and construction of a 1,010 car parking garage, 12,000 square foot open finished office space for the Guardian Ad Litem Program, 1,500 square foot retail shell space and an optional pedestrian bridge flyover from the garage to the new courthouse building for a Guaranteed Maximum Price of $23,000,000; and authorize the Mayor and Clerk to execute the same. (Commission District 7) ACTION: (T-5:25 PM) Approved. VOTE: 9-0. ACTION: (T-5:25 PM) The Board reconsidered this item. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-9:23 PM) Approved with the Yellow Sheeted Additional Material dated November 8, 2011, submitted by County Administration and Public Works. The Board asked staff to look at including a fly-over for parking. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present.

		For Transportation Department

36.		MOTION TO APPROVE Request for Proposals (RFP) No. R0924501P1, Capital Improvement Plan for Broward County Transit. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.



		OFFICE OF MANAGEMENT AND BUDGET

37.		A. MOTION TO APPROVE interlocal agreement between the City of Lauderdale Lakes and Broward County regarding payment for law enforcement and fire rescue services provided by the Broward Sheriff's Office from October 1, 2011 through January 31, 2011. ACTION: (T-12:45 PM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by County Administration. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-689 within the Law Enforcement Contract Fund in the amount of $1,380,330 for the purpose of budgeting for the contract for law enforcement services between the Broward Sheriff's Office (BSO) and the City of Lauderdale Lakes through January 31st, 2011. ACTION: (T-12:45 PM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0. C. MOTION TO ADOPT unanticipated revenue Resolution 2011-690 within the Fire Rescue Contract Fund in the amount of $1,509,550 for the purpose of budgeting for the contract for emergency medical, fire protection and fire prevention services between the Broward Sheriff's Office (BSO) and the City of Lauderdale Lakes through January 31st, 2011. ACTION: (T-12:45 PM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0.

		COUNTY COMMISSION

38.		MOTION TO APPROVE including support for a local bill sponsored by the Broward Delegation Chair, expanding the scope of the Office of Inspector General to include the Broward County School Board and School District in the 2012 State Legislative Program, provided the bill identifies and requires a School District-funded revenue source to offset the increased cost of the Inspector General’s Office to investigate complaints against School Board members and staff. (Commissioner Lieberman) (Deferred from November 1, 2011 - Item No. 29) ACTION: (T-3:28 PM) The Board tabled this item to the conclusion of the Consent Agenda.) ACTION: (T-9:31 PM) Tabled to Tuesday, November 15, 2011. (Refer to minutes for full discussion.)

39.		MOTION TO DISCUSS proposed County policy for public’s use of designated County facilities for expressive activities, including early voting and election day activities. (Mayor Gunzburger) ACTION: (T-10:29 AM) Following Board discussion, the Board rejected the County's proposed policy. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-12:35 PM) Following further Board discussion, the Board asked that County Administration receive Board direction relating to setting a public workshop if County Administration desires to move forward surrounding today's Board discussion, as well as asked the County Attorney's Office to bring an amendment back to the Board that would allow signage on County property. (Refer to minutes for full discussion.) VOTE: 9-0. (See Yellow-Sheeted Additional Material attached to this item.)

		COUNTY ADMINISTRATION

40.		MOTION TO CONSENT to an Assignment and Assumption of Ground Lease between Las Olas by the River Condominium Association, Inc. and New River Associates-Phase III, LLC, in connection with the Lease entered into between Broward County and Riverview of Ft. Lauderdale, Ltd., dated as of June 2, 1992, as amended. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.

		PARKS AND RECREATION DIVISION

41.		MOTION TO AUTHORIZE County Administrator to have staff negotiate, with the assistance of the Office of the County Attorney and the Office of the County Auditor, a short-term Agreement with the existing concessionaire at Everglades Holiday Park (EHP) for continuation of all or some of the existing concession operations at EHP, for a period of one year commencing on June 2, 2012, with one year renewal possibilities subject to terms and conditions mutually acceptable to both parties, with a termination for convenience clause included. (Commission District 5) (Transferred to the Consent Agenda as amended.) ACTION: (T-10:28 AM) Approved, as amended with direction to staff to insert language to reflect "authorize staff to negotiate a short-term agreement for a period up to one year and begin competitive procurement." (Refer to minutes for full discussion.) VOTE: 9-0.

42.		MAYOR'S REPORT (No report given.)

43.		COUNTY ADMINISTRATOR'S REPORT A. EMERGENCY ALERT SYSTEM ACTION: (T-9:31 PM) County Administrator Bertha Henry announced that an Emergency Alert System Test will be performed in coordination with the FCC and FEMA on Wednesday, November 9, 2011 at 2:00 p.m. (Refer to minutes for full discussion.)

		NON-AGENDA

44.		U.S. POSTAL SERVICE-COMMISSIONER LIEBERMAN ACTION: (T-9:32 PM) Commissioner Lieberman referenced Non-Agenda Yellow-Sheeted Additional Material relating to the U.S. Postal Service considering whether to close two mail-processing centers. Commissioner Lieberman noted there is a public hearing being held on November 17, 2011. Commissioner Lieberman asked that the Board's Resolution in September of 2011 be provided at the public hearing. Commissioner Sharief noted she will be attending the public hearing. (Refer to minutes for full discussion.)

45.		THANKS-COMMISSIONER SHARIEF ACTION: (T-9:33 PM) Commissioner Sharief thanked the Board for attending her birthday party. (Refer to minutes for full discussion.)

46.		CONGRATULATIONS-COMMISSIONER SHARIEF *ACTION: (T-9:34 PM) Commissioner Sharief congratulated West Park Commissioner Rita Peach Mac and Commissioner Sharon Fyffe on their re-elections. (Refer to minutes for full discussion.)*


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
CONSENT AGENDA A motion was made by Commissioner Lieberman, seconded by Commissioner Holness and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 28. At the request of the Mayor, Regular Items 30, 36 and 40 were transferred to the Consent Agenda, as well as Item 41 was transferred to the Consent Agenda with an amendment. Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote. The following item was withdrawn/deferred: 34. The following items were pulled by the Board and considered separately: 2, 6, 10 and 19. The following items were pulled by members of the public and considered separately: 18, 19 and 20. BEST OF BROWARD "THE LIBRARY WITHOUT WALLS" PRESENTED BY LIBRARIES DIVISION Director of Broward County Libraries Robert E. Cannon provided a PowerPoint Presentation relating to "The Library Without Walls."
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		1.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration

Requested Action
MOTION TO APPROVE Board Appointments
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		.A.
Meeting Date:	11/08/2011
Director's Name:	Chip LaMarca
Department:	County Commission

Requested Action
MOTION TO APPOINT Dana Panza Macdonald to the Parks and Recreation Advisory Board. (Commissioner LaMarca) ACTION: (T-10:28 AM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by Commissioner LaMarca. VOTE: 9-0.
Why Action is Necessary
Due to vacancy.
What Action Accomplishes
Appoints Dana Panza Macdonald to the Parks and Recreation Advisory Board.
Is this Action Goal Related

Previous Action Taken

Summary Explanation/ Background
None

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Impact

Attachments
Additional Material - Agenda Item and County Attorney Letter


Broward County Commission Regular Meeting		.B.
Meeting Date:	11/08/2011
Director's Name:	Ilene Lieberman
Department:	County Commission

Requested Action
MOTION TO APPOINT Roberto Fernandez, III to the Broward County Historical Commission. (Commissioner Lieberman) ACTION: (T-10:28 AM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by Commissioner Lieberman. VOTE: 9-0.
Why Action is Necessary
Appoints to Board.
What Action Accomplishes
Appoints Roberto Fernandez, III to the Broward County Historical Commission.
Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
Additional Material - Agenda Item and County Attorney Letter


Broward County Commission Regular Meeting		2.
Meeting Date:	11/08/2011
Director's Name:	Susan Myers
Department:	Human Services	Division:	Community Partnerships

Requested Action
A. MOTION TO APPROVE Renewal No. 1, Amendment No. 4 of the original Agreement, Contract No. CPU10 between the State of Florida Department of Health (DOH), Children’s Medical Services and Broward County, to provide medical and support services to allegedly abused and neglected children in Broward County, to be effective upon execution through June 30, 2012, increasing the Fiscal Year 2011-2012 amount of the Contract by $19,904, from $1,099,107 to $1,119,011, and to authorize the County Administrator to make the necessary administrative and budgetary actions during the term of the agreement, and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Sharief.) ACTION: (T-4:50 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-677 in the amount of $19,904 for Fiscal Year 2011-2012 within the State Grant Fund 7521 for the Community Partnerships Division/Sexual Assault Treatment Center/Child Protection Team. (This item was pulled by Commissioner Sharief.) ACTION: (T-4:50 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
A. All Contracts and Amendments with external agencies are subject to approval by the Board of County Commissioners. B. Acceptance of revenue is subject to approval by the Board of County Commissioners.
What Action Accomplishes
The actions renew the contract and increasing funding for Fiscal Years 2009-2012.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE HUMAN SERVICES DEPARTMENT AND THE COMMUNITY PARTNERSHIPS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS. These actions support the Commission Goal of a Social Safety Net: An Accessible Collaborative Approach to Health and Human Services. Since 1989, the State of Florida Department of Health has contracted with Broward County for the Child Protection Team within the Sexual Assault Treatment Center. The contract requires that the Child Protection Team review every child abuse report received by the Department of Children and Families and provide statutorily mandated services. On June 20, 2006 (Item No. 27), the Board of County Commissioners approved Contract No. CPU10 with the State of Florida from July 1, 2006 to June 30, 2009 for the purpose of providing medical and support services to allegedly abused and neglected children in Broward County in the three-year amount of $3,257,034. On June 23, 2009 (Item No. 32), the Board of County Commissioners approved Renewal No. 1, Amendment No. 1 to Contract No. CPU10 with the State of Florida from July 1, 2009 to June 30, 2012 for the continued purpose of providing medical and support services to allegedly abused and neglected children in Broward County. The State contract provided for funds in the amount of $1,107,326 for Fiscal Years 2009-2010, and a total three-year contract amount of $3,375,057. On May 27, 2010, the County Administrator approved Renewal No. 1, Amendment No. 2 to Contract No.CPU10 with the State of Florida that revised the percentage breakdown of State and Federal Funding, for a net decrease in the three-year contract amount from $3,375,057 to $3,348,138. On September 20, 2011, the County Administrator approved Renewal No. 1, Amendment No. 3 to Contract No. CPU10 with the State of Florida that revised the percentage breakdown of State and Federal Funding, for a net decrease in the three-year contract amount from $3,348,138 to $3,299,048. This action, Renewal No. 1, Amendment No. 4 to Contract No. CPU10 with the State of Florida, increases funds for Fiscal Year 2011-2012 in the amount of $19,904, from $1,099,107 to $1,119,011, for a net increase of the three-year contract amount from $3,299,048 to $3,318,952. Amendment No. 4 also provides for the use of the e-verify system, and for the insertion of the Scrutinized Companies with Activities in Sudan or the Iran Petroleum Energy Sector lists (prohibited business activities) language into the Agreement. The Child Protection Team (under the purview of the Sexual Assault Treatment Center) is currently meeting the Outcomes and Performance Measures for Fiscal Year 2010 and the Performance Measures for Fiscal Years 2010-2012 (Exhibit 4) will remain same. The Contract Renewal No. 1, Amendment No. 4 is in the State of Florida’s format, and the State will sign last following approval by the Board of County Commissioners. The Renewal No. 1, Amendment No. 4 has been approved as to form by the Office of the County Attorney. As the County is receiving funds, no action is necessary from the Office of Economic and Small Business Development.

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Year 2011-2012 funding for this contract is provided by the State of Florida Department of Health Children's Medical Services. In the event future funding is discontinued, services will be terminated. No County match is required.

Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Budget Resolution
Exhibit 3 - Agreement
Exhibit 4 - Performance Outcomes Measures


Broward County Commission Regular Meeting		3.
Meeting Date:	11/08/2011
Director's Name:	Susan Myers
Department:	Human Services	Division:	Elderly & Veterans Services

Requested Action
A. MOTION TO ADOPT unanticipated revenue Resolution 2011-678 within the Mental Health Grant Fund 9839 for the Elderly and Veterans Services Division in the amount of $65,000 for the recognition of revenue received as part of the Settlement Agreement between the State Florida, Department of Children and Families and Broward County for the purpose of settling County’s demand for payment of services provided in good faith by the Elderly and Veteran Services Division under contract JH299. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-679 within the Mental Health Grant Fund 8332 for the Elderly and Veterans Services Division in the amount of $68,494 for the recognition of revenue received as part of the Settlement Agreement between the State Florida, Department of Children and Families and Broward County for the purpose of settling County’s demand for payment of services provided in good faith by the Elderly and Veteran Services Division under contract JH299. ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motion B reads: Settlement Agreement between the State Florida, and should read: State of Florida.) VOTE: 9-0.
Why Action is Necessary
Board approval is required for all unanticipated revenue Resolutions.
What Action Accomplishes
Increases funding for services to clients of the Elderly and Veterans Services Division Behavioral Health program.
Is this Action Goal Related

Previous Action Taken
Approval of Settlement Agreement, June 8, 2010, Item 8
Summary Explanation/ Background
THE HUMAN SERVICES DEPARTMENT, OFFICE OF MANAGEMENT AND BUDGET AND ELDERLY AND VETERANS SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS. The Elderly and Veterans Services Division (EVSD) has been providing behavioral health services to older adults residing in Broward County since 1977. Currently, under contract JH331, EVSD is the sole case management provider in Broward County for elders meeting the State of Florida priority definition as seriously and persistently mentally ill. EVSD’s behavioral health services include outreach, crisis support, case management, screening, substance abuse prevention, outpatient substance abuse treatment, follow up interventions and peer support for older adults. On March 19, 2009, DCF entered into discussions with EVSD to move all requirements and funding for brief substance abuse screening, intervention and referral services (BRITE Project) from contract JH299 to contract LD809 to allow for uniformity of administrative and direct service requirements, as well as alignment with federal grant specifications and enhanced consistency of monitoring performance by DCF. On April 9, 2009, DCF amended contract JH299, removing funding for BRITE Project services. However, due to unforeseen circumstances with the State, the amendment of contract LD809 was not executed by DCF until October 6, 2009 to include BRITE Project services previously funded through contract JH299. Meanwhile, EVSD, in good faith, provided necessary services from April 1, 2009 through October 5, 2009 and invoiced DCF accordingly. DCF and the County reached a settlement, which was approved by the Board of County Commissioners on June 8, 2010 (Item 8). Payment was issued by DCF on April 7, 2011 in the amount of $133,494 for BRITE services provided from April 1, 2009 to June 30, 2009 ($65,000 for 2008/2009 Grant Fund 9839) and from July 1, 2009 to October 5, 2009 ($68,494 for 2009/2010 Grant Fund 8332).

Fiscal Impact

Fiscal Impact/Cost Summary:

This funding comes from the State Florida, Department of Children and Families (DCF) as a result of a Settlement Agreement for services provided by the Elderly and Veterans Services Division. It does not require any cash and/or in-kind match from Broward County. This settlement agreement is reimbursing services already delivered and associated expenditures.

Attachments
Exhibit 1 - Resolution
Exhibit 2 - Resolution


Broward County Commission Regular Meeting		4.
Meeting Date:	11/08/2011
Director's Name:	Susan Myers
Department:	Human Services	Division:	Elderly & Veterans Services

Requested Action
A. MOTION TO ADOPT unanticipated revenue Resolution 2011-680 within the Behavioral Health Grant Fund 8333 in the amount of $90,933 for the recognition of revenue from operations, inkind revenue, and commissions and fees for payment of administrative cost-sharing and services provided to clients for the State fiscal year 2011. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-681 within the Behavioral Health Grant Fund 9955 in the amount of $205,395 for the recognition of revenue from commissions and fees for payment of administrative cost-sharing and services provided to clients for the State fiscal year 2012. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Board approval is required for all unanticipated revenue Resolutions.
What Action Accomplishes
Increases funding for services to clients of the Elderly and Veterans Services Division Behavioral Health program.
Is this Action Goal Related

Previous Action Taken
N/A
Summary Explanation/ Background
THE HUMAN SERVICES DEPARTMENT, OFFICE OF MANAGEMENT AND BUDGET AND ELDERLY AND VETERANS SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. The Elderly and Veterans Services Division (EVSD) has been providing behavioral health services to older adults residing in Broward County since 1977. Currently, under contract JH331, EVSD is the sole case management provider in Broward County for elders meeting the State of Florida priority definition as seriously and persistently mentally ill. EVSD’s behavioral health services include outreach, crisis support, case management, screening, substance abuse prevention, outpatient substance abuse treatment, follow up interventions and peer support for older adults. This agenda item recognizes Medicaid, co-payment and in-kind revenue earned over the course of the County’s tenure as the sole case management provider in Broward County for elders meeting the State of Florida priority definition as seriously and persistently mentally ill. This funding will be allocated for in-home and adult day care services, administrative cost sharing, and case management.

Fiscal Impact

Fiscal Impact/Cost Summary:

This funding comes from Medicaid earnings, client co-payments, and in-kind revenues within the Behavioral Health Grant.

Attachments
Exhibit 1 - Resolution
Exhibit 2 - Resolution


Broward County Commission Regular Meeting		6.
Meeting Date:	11/08/2011
Director's Name:	Chris Walton
Department:	Transportation	Division:	Transit

Requested Action
A. MOTION TO APPROVE Agreement between Broward County and the City of Sunrise, for maintenance of bus shelters installed by the County at various locations in the City; and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO APPROVE Agreement between Broward County and the City of Pembroke Pines, for maintenance of bus shelters installed by the County at various locations in the City; and authorize the Mayor and Clerk to execute same. (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0. C. MOTION TO AUTHORIZE County Administrator, or Director of the Transit Division, to approve and execute amendments to the bus shelter maintenance agreements with the Cities of Sunrise and Pembroke Pines for bus shelter maintenance to include additional bus shelters in the event additional funding is made available. (Commission Districts 1, 3, 5 and 8) (This item was pulled by Commissioner Lieberman.) ACTION: (T-4:50 PM) Approved. The Board asked staff to look at branding options and consistency related to bus shelters and to bring information back to the Board. (Scrivener’s Error – See County Administrator’s Report: Motion C should include Commission District 6.) (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
A-B. Board of County Commissioners (Board) approval is required to enter into agreements with municipalities. C. Board approval is required to authorize the County Administrator, or designee, to amend these agreements.
What Action Accomplishes
A-B. Approves Maintenance Agreements between Broward County and each of the two respective cities, Sunrise (Exhibit 1) and Pembroke Pines (Exhibit 3), for the maintenance of bus stops, including bus shelters and benches, to be constructed by the Broward County Transit Division (BCT) at various locations within the respective cities. C. Authorizes the County Administrator, or Transit Division Director, to amend the agreements with the cities of Sunrise and Pembroke Pines to add maintenance for any additional shelters that the County may construct should additional funding become available.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL OF ABOVE MOTIONS. This item supports the Boards Goals and Vision for Transportation by improving bus stops within the County. As part of the Broward County's Bus Shelter and Bus Stop Improvement Program, the Transit Division (BCT) will install bus shelters and/or associated amenities (benches, trash receptacles, energy efficient solar lighting, bike racks, etc.) at 49 separate bus stop locations within the cities of Sunrise (33 locations) and Pembroke Pines (16 locations). The shelters, benches and associated amenities will be constructed and paid for by BCT using approximately $2,107,965 in American Recovery and Reinvestment Act (ARRA) and other Federal funds at locations detailed in Exhibit "A" of the respective agreements. Exhibit 1 is the Agreement with the City of Sunrise and Exhibit 3 is the Agreement with the City of Pembroke Pines. Upon completion of the bus stops and shelters, each respective city shall assume responsibility for all maintenance and repairs of their city's bus stops, including the shelters and associated amenities as detailed in the respective agreements (Exhibits 1 and 3) . BCT is requesting Board approval of these maintenance agreements. In the event that additional funding for bus shelters becomes available, the proposed action authorizes the County Administrator, or Transit Division Director, to execute amendments to the agreements authorizing additional bus shelters.

Fiscal Impact

Attachments
Exhibit 1 - Agreement with Sunrise
Exhibit 2 - Transmittal Letter and City of Sunrise Resolution No11-148
Exhibit 3 - Agreement with Pembroke Pines
Exhibit 4 - Transmittal Letter from City of Pembroke Pines


Broward County Commission Regular Meeting		5.
Meeting Date:	11/08/2011
Director's Name:	Chris Walton
Department:	Transportation	Division:	Transit

Requested Action
MOTION TO AUTHORIZE Director of Purchasing to execute a new Software License as part of a Systems, Services and License Agreement with StrataGen Systems, Inc. (StrataGen), the term of the License Agreement shall be perpetual and shall survive and continue in full force and effect perpetually. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all awards exceeding $250,000 and 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.
What Action Accomplishes
Clarifies the approval previously given by the Board to authorize the Purchasing Director to negotiate, approve and execute a new software license agreement as part of the Systems, Services and License Agreement. An amendment to the agreement would not allow the Transit Division to utilize federal funds. The new software systems, services and license agreement will include the federal contract provisions which are necessary when utilizing federal funds to fund third party contracts.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT/TRANSIT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. On June 28th 2011, item 106A, the Board approved a sole source negotiation with StrataGen Systems, Inc., (Stratagen) as the most reasonable source that was previously standardized by the Board of County Commissioners, for a new Systems and Services contract and Software License and Maintenance agreement for the Transit Division’s Paratransit Services scheduling and dispatching software system. In addition, Motion B authorized the Director of Purchasing to negotiate, approve and execute a new Systems and Services agreement with StrataGen, and motion C authorized Director of Purchasing to negotiate, approve and execute an amendment to the Software License agreement with StrataGen, for a term of five years, including license and support costs estimated at $140,000 annually. In light of the fact that federal grant funds are going to be utilized for this project, instead of local funds, it was determined that it will be necessary to utilize a new software license agreement to properly incorporate the federal provisions necessary in third party contracts instead of amending the existing agreement. Additionally, Stratagen has informed Broward County that it must have some type of limitations of liability provision in the Agreement. The parties are proposing to include a limitation of liability provision in which Stratagen shall not be liable for any indirect or loss-of-profit damages except for claims involving patent or copyright infringement by Stratagen. Stratagen's total liability to COUNTY in connection with this Agreement shall not exceed the amount of Ten Million Dollars ($10,000,000). This action authorizes the Director of the Purchasing Division to execute a new Software License to be included as part of a Systems, Services and License Agreement with StrataGen to utilize federal language in the agreement for the use of federal grant funds for the license.

Fiscal Impact

Fiscal Impact/Cost Summary:

The funds are budgeted in the Transit Division Capital Grant Fund (3450).

Attachments
June 28,2011 Agenda Item No. 106


Broward County Commission Regular Meeting		7.
Meeting Date:	11/08/2011
Director's Name:	Kayla Olsen
Department:	Management & Budget

Requested Action
MOTION TO INCREASE personnel cap within the General Fund by three positions for the purpose of hiring staff for Broward County's Childcare Food Service Inspection program. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Increases to the personnel cap require Board approval.
What Action Accomplishes
This action approves the creation of three positions within the Permitting Licensing and Consumer Protection Division to implement the newly created Childcare Food Service Inspection Program.
Is this Action Goal Related

Previous Action Taken
On September, 27, 2012, the Board approved the inclusion of $161,550 in the FY12 adopted budget to fund this program.
Summary Explanation/ Background
THE OFFICE OF MANAGEMENT AND BUDGET RECOMMENDS APPROVAL OF THE ABOVE MOTION: For years, the Department of Health (DOH) was authorized by Florida law to provide food service inspections and issue related permits to all childcare facilities. In the 2010 State Legislative session, legislation was enacted removing the role of DOH in the regulation of Food Service and Environmental Health physical plant inspections in child care facilities effective July 1, 2010. The responsibility was reassigned to the Department of Children & Families (DCF), Childcare Program. Due to the significant statewide impact of this reassignment, DCF entered into an intergovernmental agreement with DOH to continue providing the annual food inspections in childcare facilities. DCF has advised that it is creating and implementing a transition plan to absorb the responsibility of food inspections in childcare facilities that includes training DCF childcare staff to provide the inspections. DCF's transition plan for food inspections encompasses the sixty-one (61) counties with State licensed and administered childcare. It has been the position of the State that the six (6) counties with local licensing agencies must make decisions locally as to how to they will handle the transition. DCF has indicated that additional state funding was not allocated to cover this responsibility and, therefore, no additional funding will be provided to the County. Based on this, the County included funds in its FY 12 budget to assume this function. County staff will continue to advocate for this function to be provided by the State during the upcoming legislative session and if successful will adjust accordingly in the next budget cycle. The Permitting, Licensing and Consumer Protection Division has assumed this new responsibility and requires an increase in the personnel cap of three positions to carry out these responsibilities. The three positions include two Consumer Affairs Inspector positions and one Administrative Coordinator position.

Fiscal Impact

Fiscal Impact/Cost Summary:

The FY2012 adopted budget includes $161,550 for childcare food service inspections, therefore, this item does not require additional funding.

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		8.
Meeting Date:	11/08/2011
Director's Name:	Joni Armstrong Coffey
Department:	County Attorney

Requested Action
MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Brenda McNab v. Broward County, 17th Judicial Circuit Court Case No. 11-002848.18. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
This settlement will resolve the pending litigation.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related

Previous Action Taken

Summary Explanation/ Background
On March 3, 2009, the plaintiff, Ms. Brenda McNab, was a wheelchair-bound passenger on a mass transit bus. The bus operator made a sudden stop and the plaintiff fell from her wheelchair and sustained bilateral lower extremity fractures. Risk Management Division concurs with and recommends approval of this settlement.

Fiscal Impact

Fiscal Impact/Cost Summary:

Not applicable.

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		9.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration	Division:	Libraries

Requested Action
MOTION TO ADOPT Resolution 2011-682 of the Board of County Commissioners of Broward County, Florida, authorizing the acceptance of a donation in the amount of $26,880 from the Broward Public Library Foundation, Albert Jacobs and Ann Jacobs Trust to continue funding one Library Specialist I grant position (part time 20 with benefits), from January 1, 2012, through December 31, 2012, for the enhancement of the literacy program at the County's Lauderhill Towne Centre Branch Library; authorizing the County Administrator to take all administrative and budgetary actions; providing for severability; and providing for an effective date. (Commission District 1) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Chapter 18, Part III, Section 18.63 of the Broward County Administrative Code stipulates that donations valued at $500 or more shall be accepted by resolution of the Board of County Commissioners.
What Action Accomplishes
Authorizes the acceptance of one donation valued at $500 or more.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE LIBRARIES DIVISION RECOMMENDS THE APPROVAL OF THE ABOVE MOTION. In 2001, Albert Jacobs and Ann Jacobs, customers of the Lauderhill City Hall Branch (later replaced by the Lauderhill Towne Centre Branch Library) willed $680,500 to the Broward Public Library Foundation (BPLF) to establish the Albert Jacobs and Ann Jacobs Trust (Trust) for the enhancement and expansion of the literacy programs at this library. Interest earned from this Trust, which is held within the BPLF endowment, has been used to sponsor adult, teen, and children’s programs to increase library attendance, purchase supplies, and computers for public use. The Board of County Commissioners accepted donations from the Trust through the BPLF for the Literacy Program at the Lauderhill Towne Centre Branch Library on December, 2, 2008 (Agenda Item 17), January 12, 2010 (Agenda Item 3), and on December 7, 2010 (Agend item 10). These donations funded the hire of a Library Specialist I grant position (part-time 20 with benefits) for calendar years 2009, 2010, and 2011. The Literacy Program has provided increased services for the library’s Crossroads Café and English Café classes, “Each One, Teach One” Program volunteer/student match-up for literacy improvement and homework assistance at least two afternoons per week, in which students received help with reading skills, homework, and have laptop computers available solely for assignment preparation. This successful program has been a model for Literacy programs established at eight other library locations funded with Library Services and Technology Act grant funds. The Trust will provide full funding for the Library Specialist I grant position (part-time 20 with benefits) for the period January 1, 2012, through December 31, 2012. If any additional funds are made available to the Libraries Division the funds will be dedicated to purchasing additional literacy materials, expansion of existing literacy programs provided, and allowing for new literacy initiatives at the Lauderhill Towne Centre Branch Library. The Trustees of the Albert Jacobs and Ann Jacobs Trust require reports of the program accomplishments and cost effectiveness. This will be the fourth year the Trust has provided funding for this program. In the event Trust funds are no longer available, the Library Specialist I grant position would be eliminated.

Fiscal Impact

Fiscal Impact/Cost Summary:

$26,880 will be deposited in the Literacy Program/Lauderhill Towne Centre Branch Fund (Account #6350-025-7211) to continue funding one Library Specialist I grant position (part-time 20 with benefits) from January 1, 2012, through December 31, 2012. This grant position is fully funded by the Albert Jacobs and Ann Jacobs Trust through the Broward Public Library Foundation and will be eliminated if funding is not renewed.

Attachments
Exhibit 1 - Resolution
Exhibit 2 - Donor Letter


Broward County Commission Regular Meeting		10.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration	Division:	Libraries

Requested Action
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances relating to the Historical Commission as contained in Chapter 1, Article VII Sections 1-116 through 1-127 to effectuate organizational changes as a result of FY11 budgetary actions. (This item was pulled by Commissioner LaMarca.) ACTION: (T-4:54 PM) Approved. The Board asked staff to bring information back to the Board relating to the responsibilities of staff at the Historical Commission prior to bringing the Ordinance back to the Board. (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
Section 18.5 (e) of the Administrative Code requires the Board to direct the County Attorney to draft proposed ordinances.
What Action Accomplishes
Directs the County Attorney to draft an amendment to provide for the reorganization of the Historical Commission into the Libraries Division as a result of Board approved budgetary actions in FY11.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE LIBRARIES DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION. On October 12, 2010, the Board adopted Resolution #2010-582 approving the FY11 Operating Budget. The FY11 Operating Budget included reductions in the Historical Commission budget with the understanding that the duties and functions of the Historical Commission would continue through a reorganization and consolidation with the Libraries Division. While the important work of preservation, archives, and availability of the historic resources of Broward County has continued through the Division, it is necessary to make some updates to the Code of Ordinances to formally effectuate the changes. Proposed revisions to the Code of Ordinance will address aligning the Historical Commission’s responsibilities with other similar Boards working through Divisions - using the Parks and Recreation Advisory, Cultural Council, and Library Advisory boards as models. The Code of Ordinance currently provides for two separate Trust Accounts for the Historical Commission, however only one is in use. Staff will propose that references to the unused Trust are stricken from the Code. References to the Historical Commission Administrator’s authority to take certain administrative actions will be revised to state the Libraries Division Director’s authority. Additionally, Article VII establishing the Historical Commissions lacks a declaration of legislative intent; staff propose adding a clear statement that will maintain the preservation and archival functions of the Historical Commission as administered by the Libraries Division.

Fiscal Impact

Fiscal Impact/Cost Summary:

This action does not have a fiscal impact.

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		11.
Meeting Date:	11/08/2011
Director's Name:	Susan Myers
Department:	Human Services	Division:	Family Success Administration

Requested Action
MOTION TO ADOPT Resolution 2011-683 directing the County Administrator to publish Notice of Public Hearing to be held Tuesday, December 13, 2011, at 2:00 P.M., in Room 422 of the Governmental Center, to consider adoption of a proposed Resolution amending the Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 12, PART XII, SECTIONS 12.130 THROUGH 12.132 OF THE BROWARD COUNTY ADMINISTRATIVE CODE; PERTAINING TO THE BROWARD COUNTY COMMUNITY ACTION AGENCY ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE BROWARD COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the County Administrative Code.
What Action Accomplishes
Notice allows for consideration of changes to Administrative Code affecting the composition and operation of the Community Action Agency Advisory Board.
Is this Action Goal Related

Previous Action Taken
This part of the Administrative Code was last amended by the Board at the Public Hearing on April 14, 2009, Item 7.
Summary Explanation/ Background
THE FAMILY SUCCESS ADMINISTRATION DIVISION AND THE HUMAN SERVICES DEPARTMENT RECOMMEND APPROVAL OF THIS ACTION. The Community Services Block Grant (CSBG) administered by Broward County requires that the grant be administered through a tripartite board selected by the County and composed so that at least one third (1/3) of the members of the board are democratically elected in order to assure that they represent the low-income community served by the grant program. Broward County has implemented this requirement by establishing, under Chapter 12 of the Administrative Code, a Community Action Agency (CAA) Advisory Board. A recent monitoring of the CSBG program by the Florida Department of Community Affairs (now the Department of Economic Opportunity) recommended that certain changes be made to bring the operation of the CAA Advisory Board in closer conformity to federal and state regulation pertaining to the composition of the board. The amendment to the Administrative Code would 1) change the number of board members from nine (9) to at least twelve (12), to be set by the board itself; 2) change the tripartite composition from three (3) members of each sector to one third (1/3) publicly elected officials, at least one third (1/3) democratically elected low-income members, and the remainder from the private sector; 3) provide that the private sector members be selected by the CAA Advisory Board Governance Committee; 4) make the term of all members four (4) years; and 5) change the quorum from five (5) members to one half of the seated members plus one. The CAA Advisory Board has reviewed the proposed changes, and it approved revised Bylaws consistent with the proposed changes to the Administrative Code. The Florida Department of Economic Opportunity has also approved the proposed changes. The Office of the County Attorney has reviewed and approved the proposed resolution as to form. This action will cause notice to be published of the public hearing on this matter at the 2:00 P.M. public hearing meeting on December 13, 2011.

Fiscal Impact

Fiscal Impact/Cost Summary:

The changes made to the Administrative Code will result in negligible increase in the administrative cost of the operation of the CAA Advisory Board. All such costs are covered under the budget of the CSBG grant program and paid 100% from federal funds.

Attachments
Exhibit 1 - Proposed Resolution Amending Admin. Code
Exhibit 2 - Resolution to Publish Notice of Public Hearing
Exhibit 3 - Notice of Intent


Broward County Commission Regular Meeting		12.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Development & Environ.

Requested Action
MOTION TO APPROVE expenditure of $25,000.00 from the Broward County Tree Preservation Trust Fund for the annual Water Matters Day Tree Giveaway. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Commission approval is necessary for any expenditure from the Tree Preservation Trust Fund over $15,000.00.
What Action Accomplishes
Approves the recommendation of the Tree Preservation Trust Fund Committee to fund the Water Matters Tree Giveaway.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
The Environmental Protection and Growth Management Department and the Development and Environmental Regulation Division recommend approval. The Broward County NatureScape Program has submitted a request for funding from the Tree Preservation Trust Fund in the amount of $25,000.00 for the annual Water Matters Day Tree Giveaway to be held on March 10, 2012. The funding will be used for the purchase of approximately 2,500 trees to be given away to the public at the event. The Tree Preservation Trust Fund has previously been used to fund the following Water Matters Day Tree Giveaways: 2005 ($25,575.00), 2006 ($4,126.00), 2007 ($28,374.00), 2010 ($14,445.00) and 2011 ($16,415.00). The legacy fund portion of the Trust Fund currently contains $40,591.00 set aside for projects in the review/approval process including this project, and approximately $141,602.00 in unobligated funds (see Exhibit 1). The legacy fund balance within the Tree Preservation Trust Fund is comprised of funds earmarked for County-wide use that were collected prior to various municipalities establishing their own tree preservation programs and associated trust funds. The Tree Preservation Trust Fund Committee has reviewed and approved this request.

Fiscal Impact

Fiscal Impact/Cost Summary:

This action will result in the expenditure of up to $25,000.00 from the Broward County Tree Preservation Trust Fund (6350-033-8370-8500).

Attachments
Exhibit 1 - Memorandum


Broward County Commission Regular Meeting		13.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Development & Environ.

Requested Action
MOTION TO APPROVE agreement between Broward County and the Town of Southwest Ranches disbursing up to $15,590.51 from the Tree Preservation Trust Fund and authorizing the Mayor and Clerk to execute same. (Commission Districts 5 and 8) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
An agreement is necessary to provide for the expenditure of funds from the Tree Preservation Trust Fund.
What Action Accomplishes
Approves the recommendation of the Tree Preservation Trust Fund Committee to allocate up to $15,590.51 to the Town of Southwest Ranches for a tree planting project.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
The Environmental Protection and Growth Management Department and the Development and Environmental Regulation Division recommend approval. The Town of Southwest Ranches has submitted a request for funding from the Broward County Tree Preservation Trust Fund for the installation of 160 trees at five locations throughout the Town (see page 14 of Exhibit 2 for details). Once the trees are installed, the Town will provide future maintenance of the trees. This motion authorizes the expenditure of up $15,590.51 for the project and the Town will provide a match of up to $15,590.51. The legacy fund portion of the Trust Fund currently contains $40,591.00 set aside for projects in the review/approval process including this project, and approximately $141,602.00 in unobligated funds (see Exhibit 3). The legacy fund balance within the Tree Preservation Trust Fund is comprised of funds earmarked for County-wide use that were collected prior to various municipalities establishing their own tree preservation programs and associated trust funds. The Tree Preservation Trust Fund Committee has reviewed and approved this request. Funds will be paid to the City on a reimbursement basis pursuant to the agreement. The agreement has been reviewed and approved as to form by the Office of the County Attorney.

Fiscal Impact

Fiscal Impact/Cost Summary:

This action will result in the expenditure of up to $15,590.51 from the Broward County Tree Preservation Trust Fund (6350-033-8370-8500).

Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Memorandum


Broward County Commission Regular Meeting		14.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Housing Finance & Community Redev

Requested Action
MOTION TO ADOPT Resolution 2011-684 of the Board of County Commissioners of Broward County, Florida, amending Broward County’s Five Year Consolidated Plan for Fiscal Years 2010-2014 and the accompanying Annual Action Plan for Fiscal Year 2010-2011; adding Census Tract 509 west of North Andrews Avenue to the areas of greatest need identified as eligible for Neighborhood Stabilization Program 3 (NSP3) projects including single-family acquisition, rehabilitation and resale, and low income single and multi-family acquisition, rehabilitation and rental; authorizing the County Administrator to take the necessary administrative actions to implement the changes, including executing amendments to agreements on behalf of the Board; providing for severability; and providing for an effective date. ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motion should include District 4.) VOTE: 9-0.
Why Action is Necessary
Board action is required to amend the Five Year Consolidated Plan and Annual Action Plan. Under federal regulations, the County must amend its Annual Action Plan in order to change location of an activity.
What Action Accomplishes
Approves changes to the current HUD-approved Five Year Consolidated Action Plan and Annual Action Plan made necessary by the addition of a new activity area under NSP3.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
The Environmental Protection and Growth Management Department, Housing Finance and Community Development Division, recommends approval of the motion. NSP3 Developers have requested that Census Tract 509 west of North Andrews Avenue be added to the areas of greatest need. These areas are identified as eligible for NSP3 projects including single-family acquisition, rehabilitation and resale, and low income single and multi-family acquisition, rehabilitation and rental. The addition of the area will help facilitate the acquisition of affordable housing units and allow NSP3 projects to build upon existing NSP1 projects in the area, thus increasing the impact that both programs will have on stabilizing the neighborhood. The Census Tract 509 area west of North Andrews Avenue was submitted to the HUD NSP3 Foreclosure Need website to generate a HUD-developed foreclosure need score. Areas with need scores of 17 and greater are eligible for NSP3 funding. The Census Tract 509 area west of North Andrews Avenue has a need score of 18, making it an eligible NSP3 area. HUD calculates this score by considering such factors as rate of subprime loans, foreclosure rates, vacancy rates, rate of increase in unemployment, and fall in home values. To comply with U.S. Department of Housing and Urban Development (HUD) regulations for NSP3, Title 24, Code of Federal Regulations, Part 91, any changes in location of eligible project areas require an amendment to the current Five Year Consolidated Plan for Fiscal Years 2010-2014 and the accompanying Annual Action Plan for Fiscal Year 2010-2011 to be submitted to HUD for approval. Attachment 1 to Exhibit 1 provides a map of the area along with a table showing pertinent data compiled using the HUD NSP3 Downloadable Data Files.

Fiscal Impact

Fiscal Impact/Cost Summary:

No fiscal impact to Broward County.

Attachments
Exhibit 1 - Resolution


Broward County Commission Regular Meeting		15.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Environ. Planning & Comm. Resilience

Requested Action
MOTION TO APPROVE Final Open Space Park Management Plan for Open Space Site OS-141, also known as the Sunny Lake Expansion, in the Town of Davie. (Commission District 7) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Board action is necessary to approve the Final Management Plan for Safe Parks and Land Preservation Bond Program acquired sites if the Land Preservation and Acquisition Advisory Board is no longer in existence.
What Action Accomplishes
The action approves the Final Open Space Park Management Plan for OS-141, also known as Sunny Lake Expansion, in the Town of Davie.
Is this Action Goal Related

Previous Action Taken
None taken
Summary Explanation/ Background
The Environmental Protection and Growth Management Department and Natural Resources Planning and Management Division (NRPMD) recommend approval. This item supports the Board’s vision of a pristine, healthy environment, Goal 2; encourage and promote community stewardship of the environment and an ethic of conservation. All management plans for sites acquired through the 2000 Safe Parks and Land Preservation Bond Program must now be approved by the Board of County Commissioners. Consistent with conditions of the 2000 Safe Parks and Land Preservation Bond Program, all bond-acquired sites owned and managed by municipalities are subject to the conditions of Board-approved Interlocal Agreements. Pursuant to Section 4.3 of said agreements, the City shall prepare a Final Park Management Plan and submit it to the Land Preservation and Acquisition Advisory Board (LPAAB) for approval. Section 4.12 further provides that if the LPAAB is no longer in existence, the Final Management Plan and any amendments to the Plan shall be submitted to the Board of County Commissioners for approval. The LPAAB was sunset by the Board of County Commissioners at the June 23, 2009 Public Hearing Meeting, Item #11. Prior to being sunset, the LPAAB had approved approximately sixty-five Final Management Plans for bond-acquired sites. The Sunny Lake Expansion (OS-141) is a 2.48 acre site located on the south side of SW 48th Street, approximately 50 feet west of SW 54th Terrace. The project site is located on the southwestern boundary of Sunny Lake Bird Sanctuary, a previously-acquired Safe Parks and Land Preservation Bond site OS-83. The Town of Davie will develop the project site as a passive park and coordinate its management with the Sunny Lake Bird Sanctuary. On the subject site, the Town will construct a multi-purpose trail to link with the Sanctuary. In addition, the site will contain 30% native vegetation and benches. We anticipate the demolition of the existing building and sodding of the area. These amenities will augment the Sunny Lake Bird Sanctuary. Permanent signage will be installed referencing the Broward County Safe Parks and Land Preservation Bond Program and the Broward County Board of County Commissioners. Upon completion, no more than 30% of the project site will contain impervious surfaces. Backyard Wildlife Habitat certification through the National Wildlife Federation or the Florida Yards and Neighborhoods certification through the University of Florida, IFAS extension will be obtained. The County will monitor the project site through the Land Stewardship Program, for compliance with the provisions of the Final Open Space Park Management Plan for a period of five years from the date of mutual acceptance and approval of the plan. Land Stewardship Program staff finds this management plan in compliance with the conditions of the interlocal agreement and consistent with previously approved plans and recommends approval.

Fiscal Impact

Fiscal Impact/Cost Summary:

There is no fiscal impact associated with the approval of this management plan.

Attachments
Exhibit 1 - OS141 Management Plan


Broward County Commission Regular Meeting		16.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Environ. Planning & Comm. Resilience

Requested Action
MOTION TO APPROVE Final Open Space Park Management Plan for Open Space Site OS-123, also known as the Miramar Civic Center Addition, in the City of Miramar. (Commission District 8) ACTION: (T-10:28 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 2, “Priority Schedule” title header reads: Activity 2012, 2015, 2015 and should read: 2012, 2015, 2016.) VOTE: 9-0.
Why Action is Necessary
Board action is necessary to approve the Final Management Plan for Safe Parks and Land Preservation Bond Program acquired sites if the Land Preservation and Acquisition Advisory Board is no longer in existence.
What Action Accomplishes
The action approves the Final Open Space Park Management Plan for OS-123, also known Miramar Civic Center Addition, in the City of Miramar.
Is this Action Goal Related

Previous Action Taken
None Taken
Summary Explanation/ Background
The Environmental Protection and Growth Management Department and Natural Resources Planning and Management Division (NRPMD) recommend approval. This item supports the Board’s vision of a pristine, healthy environment, Goal 2; encourage and promote community stewardship of the environment and an ethic of conservation. All management plans for sites acquired through the 2000 Safe Parks and Land Preservation Bond Program must now be approved by the Board of County Commissioners. Consistent with conditions of the 2000 Safe Parks and Land Preservation Bond Program, all bond-acquired sites owned and managed by municipalities are subject to the conditions of Board-approved Interlocal Agreements. Pursuant to Section 4.3 of said agreements, the City shall prepare a Final Park Management Plan and submit it to the Land Preservation and Acquisition Advisory Board (LPAAB) for approval. Section 4.12 further provides that if the LPAAB is no longer in existence, the Final Management Plan and any amendments to the Plan shall be submitted to the Board of County Commissioners for approval. The LPAAB was sunset by the Board of County Commissioners at the June 23, 2009 Public Hearing Meeting, Item #11. Prior to being sunset, the LPAAB had approved approximately sixty-five Final Management Plans for bond-acquired sites. The Miramar Civic Center Addition, (OS-123), is a 0.99-acre parcel located west of the existing Center on SW 35th Street, south of Miramar Parkway and east of the Florida Turnpike in the City of Miramar, Florida. The City of Miramar will develop the project site as a passive recreational park. The park will include native vegetation, nature trail, picnic shelter, playground, reduced parking area and a meeting building with public restrooms. Permanent signage will be installed referencing the Broward County Safe Parks and Land Preservation Bond Program and the Broward County Board of County Commissioners. Upon completion, no more than 30% of the project site will contain impervious surfaces. Backyard Wildlife Habitat certification through the National Wildlife Federation or the Florida Yards and Neighborhoods certification through the University of Florida, IFAS extension will be obtained. The County will monitor the project site through the Land Stewardship Program, for compliance with the provisions of the Final Open Space Park Management Plan for a period of five years from the date of mutual acceptance and approval of the plan. Land Stewardship Program staff finds this management plan in compliance with the conditions of the interlocal agreement and consistent with previously approved plans and recommends approval.

Fiscal Impact

Fiscal Impact/Cost Summary:

There is no fiscal impact associated with the approval of this management plan.

Attachments
Exhibit 1 - OS-123 Management Plan


Broward County Commission Regular Meeting		17.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Environ. Planning & Comm. Resilience

Requested Action
A. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Coconut Creek providing for cost share support in the regional Water Conservation Incentives Program to be expanded to include the City’s water utility service area and reimbursing Broward County for specific activities associated with program administration, promotion, and implementation, effective upon execution, for a period of sixty-six (66) months at a total cost to the City not-to-exceed $134,252; and authorize the Mayor and Clerk to execute same. (Commission District 2) ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-685 within the Natural Resources Planning and Management (NRPM) Contract Fund for the Natural Resources Planning and Management Division in the amount of $26,159 for Coconut Creek’s participation in the regional Broward Water Conservation Incentives Program in FY 2012. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
A. Pursuant to Section 163.01, Florida Statutes, action is required by the Broward County Board of County Commissioners to approve an interlocal agreement between Broward County and the City of Coconut Creek. B. In accordance with Broward County Code, Chapter 1, section 1-20, action by the Broward County Board of County Commissioners is necessary to execute the cost-share funding and recognize this cost share revenue in NRPMD Contract Fund (0340-033-7170-6940).
What Action Accomplishes
A. This action supports implementation of the regional water conservation and incentives program in coordination with the City of Coconut Creek B. Recognizes revenues provided in cost share support of the Water Conservation Incentives Program.
Is this Action Goal Related

Previous Action Taken
None Taken
Summary Explanation/ Background
The Environmental Protection and Growth Management Department, the Natural Resources Planning and Management Division, the Broward Water Advisory Board, and the Broward Water Resources Task Force recommend approval. This item supports the Board’s Vision to provide “A Pristine, Healthy Environment” and Goals to 1) Protect and enhance the environment, and 2) Encourage and promote community stewardship of the environment and an ethic of conservation by coordinating and promoting water conservation strategies in support of future water supply planning and resource sustainability. This agreement provides for the inclusion of the City of Coconut Creek in the county-wide water conservation and incentives program over an initial term of sixty-six (66) months. The program is being administered by the Natural Resources Planning and Management Division, in collaboration with municipal and water utility program partners, with cost share reimbursement to the County for program and administrative services provided. Interlocal agreements with 14 partners were approved by the Board on August 30, 2011 (Item No. 30). This action will provide for the expansion of the program to include the City of Coconut Creek and the delivery of program services within the City’s water utility service area, including the distribution of rebates and high efficiency plumbing devices to achieve water conservation through retrofit of residential and commercial structures. The county-wide water conservation and incentives program was launched on September 30, 2011. The program delivers comprehensive and uniform water conservation messaging through program branding, media messaging, and diverse communication tools and the delivery of rebates and retrofits for high-efficiently plumbing devices with residential and commercial sectors. The goals of the program are to achieve a prominent ethic of water conservation throughout the community, and to realize measured water savings through individual and commercial participation in the rebate and incentives program. Delivery of the program on a regional basis will serve to maximize program benefits through broad and uniform messaging and the efficient leveraging of funds in all program expenditures. This program has been supported via resolution of the Broward League of Cities (September 3, 2009) and the Board of County Commissioners (November 3, 2009, Item No. 14). The Water Resources Task Force identified this initiative as a priority recommendation in their final report which was adopted by the Board of County Commissioners on September 14, 2010 (Item No. 50), and the Broward League of Cities on April 7, 2011. On June 28, 2011, the Board approved an agreement with the EPR Group for consultant services to assist with the development and implementation of the program including program branding, conservation messaging, and promotion of the rebates and incentives available through the collaborative. On September 30, 2011, the program was launched under the collaborative of the Broward Water Partnership with “Conservation Pays” program branding.

Fiscal Impact

Fiscal Impact/Cost Summary:

This agreement provides Broward County with reimbursement of $134,252 for services to be delivered as part of the Water Conservation Incentive Program on behalf of the City of Coconut Creek over a period of sixty-six (66) months. In FY2012, unanticipated revenue in the amount of $26,159 will be recognized in the Natural Resources Planning and Management Division’s Contract Fund (0340-033-7170-6940).

Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Interlocal Agreement
Exhibit 3 - Resolution


Broward County Commission Regular Meeting		18.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Pollution Prevention

Requested Action
A. MOTION TO ACCEPT U.S. Department of Homeland Security (U.S. DHS) Cooperative Agreement No. 2006-ST-091-000015-06 Amendment Number 1 supplemental award in the amount of $22,450, representing supplemental funding for year six of a six-year Agreement to continue the BioWatch monitoring program in Broward County, and authorize the County Administrator to take the necessary administrative and budgetary actions to execute same. The project funding period is from July 1, 2011 to June 30, 2012. (This item was pulled by a member of the public.) ACTION: (T-5:00 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-686 within the Air Pollution Control Fund 8308 for the Environmental Protection and Growth Management Department in the amount of $22,450 for the purpose of recognizing the supplemental grant funds received from U.S. DHS. (This item was pulled by a member of the public.) ACTION: (T-5:00 PM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
In accordance with the Broward County Code, Chapter 1, Sec 1-20, Board action is necessary to accept the grant award and to recognize the award within the Air Pollution Control Fund 8308 of the Environmental Protection and Growth Management Department.
What Action Accomplishes
The action provides additional funding for the BioWatch monitoring program in Broward County.
Is this Action Goal Related

Previous Action Taken
Cooperative Agreement No. 2006-ST-091-000015-06 grant award in the amount of $442,348 representing funding for year six of a six-year agreement to continue the BioWatch monitoring program in Broward County was accepted by the Board on August 16, 2011.
Summary Explanation/ Background
The Environmental Protection and Growth Management Department, Pollution Prevention, Remediation and Air Quality Division (PPRAQD) recommends approval. The Air Quality Program of the PPRAQD is a federal and state approved local air quality program responsible for protecting and improving air quality in Broward County. The objective of the BioWatch monitoring program is to detect releases of biological agents into the atmosphere. Broward County was selected by the U.S. Environmental Protection Agency and the U.S. DHS to participate in this project because of the air quality program's strong infrastructure, state-wide recognized professional expertise of staff and the outstanding relationship with other federal, state, and local agencies. Broward County has been funded to participate in the National BioWatch Monitoring Program since March 2003. The supplemental award in the amount of $22,450 is to complete funding for the purchase of two hybrid vehicles for the grant program. Source of additional information: Daniela Banu, Air Quality Program Administrator Pollution Prevention, Remediation and Air Quality Division, 954-519-1220

Fiscal Impact

Fiscal Impact/Cost Summary:

For the period of July 1, 2011 to June 30, 2012, the County receives a supplemental award of $22,450 in addition to the previous action, approved award of $442,348 from the U.S. DHS within the Air Pollution Control Fund 8308. There is no cost-share or match required for this grant, and grant dollars pay for all grant activities. This action represents the supplement award for the current six-year grant agreement.

In total, for the grant agreement period July 1, 2006 - June 30, 2012, including this award of $22,450, Broward County received $2,631,771 from U.S. DHS.

Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Supplemental Grant Award
Exhibit 3 - Unanticipated Resolution


Broward County Commission Regular Meeting		19.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Administration

Requested Action
A. MOTION TO DIRECT staff to remove the CBE participation goal from the Agreements for Financial Advisory Services (RLI No. 20070222-0-FA-1). (This item was pulled by Commissioners Holness, Lieberman, Ritter, Wexler and a member of the public.) ACTION: (T-5:03 PM) The Board rejected this item. VOTE: 9-0. B. MOTION TO AUTHORIZE renewal of Agreements as amended between Broward County and Jefferies & Company, Inc. (f/k/a DEPFA First Albany Securities, LLC), Public Financial Management, Inc., Public Resources Advisory Group, Inc., and Raymond James & Associates, Inc., for Financial Advisory Services (RLI No. 20070222-0-FA-1). ACTION: (T-5:03 PM) Approved, as amended, with a condition on renewal of Agreements that relate to bond issues and that advisement be received as to CBE's being met or showing good faith effort. The Board asked staff to increase the number of firms that will register and qualify. (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
Motion A: On January 11, 2011 (Item No. 33), staff was directed to put forth an effort to recruit financial advisors into the County Business Enterprise (CBE) program and bring the results back to the Broward County Board of County Commissioners (the Board). Motion B: On January 11, 2011 (Item No. 33), the Board authorized the renewal of these Agreements for a one-year period through March 11, 2012; this motion authorizes staff to execute the final renewal as amended through March 11, 2013.
What Action Accomplishes
Motion A: Removes the CBE goal from the Agreements for Financial Advisory Services (RLI No. 20070222-0-FA-1). Motion B: Authorizes the renewal of these Agreements as amended through March 11, 2013.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE COUNTY ADMINISTRATOR, THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, AND THE OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS. The Agreements for Financial Advisory Services were approved by the Board on March 11, 2008 (Item No. 4) for a three-year period, with two one-year renewals. On January 4, 2011 (Item No. 18), the Board discussed Amendments to these Agreements which inserted language into the contract allowing the CFO/Director of Finance and Administrative Services to execute the renewals upon mutual agreement by both parties. During the discussion of this item, an issue was raised related to new regulatory requirements associated with the Dodd-Frank Wall Street Reform and Consumer Protection Act. This legislation requires all firms that provide financial advisory services to municipal governments to register with the Securities and Exchange Commission (SEC). The item was deferred to the meeting of January 11, 2011 to provide staff with time to research the number of firms in the CBE directory that met this registration requirement. When this item came back before the Board on January 11, 2011 (Item No. 33), staff was able to confirm SEC registration for one of the CBE firms in the County's database. This was the same CBE firm that was used by three of the four prime financial advisory services firms. As a result of this finding, the Board asked staff to extend the contract for one year with the condition that the Office of Economic and Small Business Development (OESBD) attempt to increase the pool of CBE firms by reaching out to qualifying companies within the County. The Board asked that the results be brought back at a future date. Pursuant to the direction given at the meeting on January 11, 2011, OESBD staff contacted Broward County firms holding SEC or Municipal Securities Rulemaking Board (MSRB) registrations in an effort to identify firms that could potentially qualify for CBE certification for this contract. Initially, staff identified a total of 109 unaffiliated independent advisory firms that may qualify for CBE status. Among those 109 firms, six firms held an MSRB registration and one firm held an SEC registration, according to the MSRB and SEC Web sites respectively. OESBD staff contacted all firms and explained that both SEC and MSRB registrations may be required for subcontracting opportunities providing financial advisory services to Broward County. Considering the types of advisory services the County utilizes, three additional firms expressed an interest in proceeding with CBE certification. At the time of OESBD's review, the first of the three firms was a CBE, but had not attained the requisite registrations; the second of the three firms is ineligible for the CBE program due to the owner’s net worth exceeding the CBE threshold of $750,000; and the third of the three firms subsequently closed. Therefore, the availability of firms that are registered with both the SEC and MSRB and CBE certified remains at the original one firm after outreach efforts, and OESBD recommends setting a CBE goal of zero based on the limited number of qualified firms. The OESBD will continue its efforts to expand the pool of firms and encourage the firms to utilze Broward based businesses for any of its support services where feasible.

Fiscal Impact

Fiscal Impact/Cost Summary:

Motion A has no fiscal impact. Motion B (renewals of Agreements as amended) provides for expenditures only when specific bond-related activities occur.

Attachments
No file(s) attached.


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
PURCHASING DIVISION
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		20.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO AWARD fixed contract to low bidder, Audio Visual Innovations, Inc., for Broward County Emergency Operations Center Audio/Visual Upgrade, Bid No. Q0969302B1, for the Emergency Management Division, in the total amount of $328,398, including a pass-thru allowance for permit fees in the amount of $5,000, to be completed in 90 calendar days from the issuance of the First Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty. (Commission District 1) (This item was pulled by a member of the public.) ACTION: (T-9:13 PM) Approved. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioners Holness and Jacobs were out of the room during the vote. ACTION: (T-9:17 PM) Commissioner Holness requested being shown in the affirmative. VOTE: 8-0.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000.
What Action Accomplishes
Provides all labor, materials, equipment and supplies necessary to upgrade the existing audiovisual system at the Emergency Operations Center located in Plantation.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE PURCHASING DIVISION AND THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT/EMERGENCY MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. The Office of Economic and Small Business Development did not establish County Business Enterprise goals for this procurement due to a prohibition against geographical preference in bidding for federally-funded projects (Exhibit 2). The purpose of this contract is to provide all labor, materials, equipment and supplies necessary to upgrade the existing audiovisual system at the Emergency Operations Center located at 201 Northwest 84 Avenue, Plantation, Florida. The audiovisual upgrade will enhance the situational awareness of the Broward Emergency Response Team at the County's Emergency Operations Center (EOC) and improve the County’s ability to rapidly respond to evolving crisis situations during a disaster. The upgrade includes the replacement of obsolete audiovisual equipment and enhancements of the system throughout the EOC. The pass-thru allowance incorporated in this contract, in the amount of $5,000, is for permit fees. This allowance item must be approved by the Contract Administrator and will be reimbursed at the contractor's incurred cost, without mark-up (Exhibit 1, Line 2). This procurement carries a 100% performance and payment bond. The Purchasing Division has confirmed with the surety company that Audio Visual Innovations, Inc., has the capacity to obtain the required bond. The Emergency Management Division has reviewed the bid submitted by the low bidder, Audio Visual Innovations, Inc., and concurs with the recommendation for award (Exhibit 3). The bid posted on September 8, 2011 and opened on October 12, 2011; two bids were received with no declinations (Exhibit 1).

Fiscal Impact

Fiscal Impact/Cost Summary:

This contract will receive 100% funding from the Urban Area Security Initiative (UASI) Grant Program made available by the U.S. Department of Homeland Security. The sources of funding for this project in the total amount of $328,398 is the UASI Grant Program Funding Nos. 7219-022-2328-6400 in the amount of $137,585.92 and 7223-033-2329-6400 in the amount of $190,812.08.

RQS No. EP081711000000000005; Folder 969302

Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Goal Memorandum dated October 20, 2011
Exhibit 3 - User Concurrence Memorandum signed October 25, 2011


Broward County Commission Regular Meeting		21.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO AWARD fixed contract to low responsive, responsible bidder, Ric-Man Construction Florida, Inc., for UAZ 207 Lighthouse Point 12-Inch Water Main and 16-Inch Force Main Installation, Bid No. Y0938603C1, for Water and Wastewater Services, in the total amount of $1,156,817, including pass-thru allowances for services and permit fees in the amount of $95,000, to be completed in 200 calendar days from the initiation date specified in the Second Notice to Proceed, contingent upon the receipt and approval of performance and payment guaranty. (Project Number 9090/9112) (Commission District 4) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000.
What Action Accomplishes
Provides for the installation of approximately 4,500 linear feet of 16-inch force main and approximately 4,200 linear feet of 6-inch through 12-inch water main in the City of Lighthouse Point.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION. The Public Works Department and the Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 25% for this contract. Ric-Man Construction Florida, Inc. committed to 25.01% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 2). The purpose of this contract is to provide all tools, equipment, materials, supplies, manufactured articles, labor, transportation and services for the installation of approximately 4,500 linear feet of 16-inch force main and approximately 4,200 linear feet of 6-inch through 12-inch water main in the City of Lighthouse Point. The water main improvements will enhance fire protection capabilities within the City. This procurement carries a 100% performance and payment bond. The Purchasing Division has confirmed with the surety company that Ric-Man Construction Florida, Inc. has the capacity to obtain the required bond. The allowance items in this contract, in the total amount of $95,000, includes $10,000 for laboratory testing services, $50,000 for right-of-way permits, $10,000 for pothole utility locations and $25,000 for non-County utility relocations. These allowance items must be approved by the Contract Administrator and will be reimbursed at the contractor's actual incurred cost, without mark-up (Exhibit 1: Lines 1.05 through 1.08). Water and Wastewater Services has reviewed the bid submitted by the low bidder, Ric-Man Construction Florida, Inc., and concurs with the recommendation for award (Exhibit 3). The Director of Purchasing has determined the bid submitted by the apparent low bidder, Westwind Contracting, Inc., to be non-responsive based upon the findings of the Public Works Department and OESBD that the bidder was non-compliant with the CBE requirements of the bid. The bid posted on July 18, 2011 and opened on August 31, 2011; 17 bids were received with no declinations (Exhibit 1).

Fiscal Impact

Fiscal Impact/Cost Summary:

The source of funding for this project is the Water and Wastewater Construction Fund No. 4620-126-9090-6500 in the amount of $560,000 and the Water and Wastewater Construction Fund No. 4620-126-9112-6500 in the amount of $596,817.

RQS WED05061100000000068; Folder 938603

Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Goal Memorandum dated September 16, 2011
Exhibit 3 - User Concurrence Memorandum signed October 4, 2011


Broward County Commission Regular Meeting		22.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO AWARD open-end multiple-award contracts to all responsive, responsible bidders per Exhibit 1, for Bus Parts - New/Rebuilt/Original Equipment Manufacturer (OEM)/Aftermarket, Bid No. V0952701B1, for the Transit Division, in the annual estimated amount of $5,000,000, and authorize the Director of Purchasing to renew the contracts for two one-year periods, for a three-year potential estimated amount of $15,000,000, and authorize the Director of Purchasing to add vendors upon receipt and acceptance of required documentation. The initial contract period begins on the date of award and terminates one year from that date. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000 per annum or $400,000 in a multi-year period.
What Action Accomplishes
Provides multiple sources for cost effective procurement of repair parts for transit buses.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT/TRANSIT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. The Office of Economic and Small Business Development (OESBD) reviewed the scope of work and determined that this project will not contain race-conscious goals for Disadvantaged Business Enterprises (DBE). The goal assignment for this project is race-neutral because federal funds are being utilized. However, one of the firms being recommended for award, Mohawk Manufacturing & Supply, Co., committed to 2% DBE participation, which has been reviewed and approved by the OESBD (Exhibit 2). The purpose of this contract is to provide multiple sources for cost effective procurement of repair parts for transit buses. It is the intent of the County to procure bus parts from the vendor offering the lowest prices at the time of order. The Transit Division has reviewed the bids submitted by the bidders, and concurs with the recommendation for award (Exhibit 3). The bid submissions are still under review for the following three vendors: Axle Tech International, Corp., Cummins Power South, LLC, and MCI Service Parts, Inc. This action requests the Director of Purchasing be granted the authority to add into the contract any bidder(s) found to have satisfied the bid requirements for submission of documentation and upon favorable determination of responsibility. The bid posted on July 18, 2011 and opened on August 10, 2011; 19 bids were received with no declinations (Exhibit 1).

Fiscal Impact

Fiscal Impact/Cost Summary:

Each requirement processed against this open-end contract, in the one-year estimated amount of $5,000,000, and the three-year potential estimated amount of $15,000,000, will be funded by the appropriate source at the time of release. The funding sources include various Federal Transit Administration Capital grants awarded to Broward County from the Federal Transit Administration, United States Department of Transportation.

RQM No. MT062011000000000019; Folder 952701

Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Goal Memorandum dated September 30, 2011
Exhibit 3 - User Concurrence Memorandum signed September 15, 2011


Broward County Commission Regular Meeting		23.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Records, Taxes, and Treasury

Requested Action
A. MOTION TO ADOPT Resolution 2011-687 authorizing cancellation of warrants from Central Account No. 2079940003785, Tax Refund Account No. 2000044269850, Self Insurance Account No. 2090002760518, Payroll Account No. 2079940003798, and Tax and License Account No. 2090002760916 due to having a stale date, being unclaimed, or not being negotiated. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT Resolution 2011-688 authorizing cancellation of warrants from Central Account No. 2079940003785, and Tax Refund Account No. 2000044269850 due to being lost or stolen. Checks have been reissued. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Board approval is required to authorize cancellation of warrants.
What Action Accomplishes
Removes old checks from outstanding lists in preparation for escheating to the State of Florida (or escheating to Broward County for Tax and License checks) as required by Florida Statutes. Motion A removes checks due to having a stale date, being unclaimed, or not being negotiated. Motion B acknowledges the removal of checks that were lost or stolen and have been reissued.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT AND THE RECORDS, TAXES, AND TREASURY DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS. Records, Taxes and Treasury's Cash Handling and Deposit Procedures require the voiding of checks that are outstanding in preparation for escheating to the State of Florida as required by Florida Statutes. These warrants (except for Tax and License) have been outstanding for over six months and now meet the time requirement for voiding according to these Procedures. Motion A removes old Central, Tax Refund, Self Insurance, and Payroll checks from outstanding lists in preparation for escheating to the State of Florida as required by Florida Statutes, Sections 717.102, 717.103, and 717.117 (Exhibit 1). Under Florida Statute 197.473, Tax and License checks that have been outstanding for over three months now meet the time requirements for voiding in preparation for escheating to the Broward County general fund. Motion A removes old Tax and License checks from the outstanding list in preparation for escheating to the Broward County general fund. Please note that all checks referenced in Motion B that were lost or stolen have been reissued (Exhibit 2). Exhibit 3 includes explanations for uncashed checks that are over $5,000, have the same payee, are payable to a taxing authority or have special circumstances.

Fiscal Impact

Fiscal Impact/Cost Summary:

There is no fiscal impact.

Attachments
Exhibit 1 - Warrants Resolution
Exhibit 2 - Warrants Resolution
Exhibit 3 - Warrants Memorandum dated October 10, 2011


Broward County Commission Regular Meeting		24.
Meeting Date:	11/08/2011
Director's Name:	Phil Allen
Department:	Port Everglades	Division:	Director's Office

Requested Action
MOTION TO APPROVE Agreement between Broward County and the State of Florida Department of Environmental Protection providing for the restoration of the John U. Lloyd Beach State Park South Jetty Fishing Walkway and Sand Tightening of a portion of the South Jetty; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Board action is required to execute agreement that commits County funds for a share of the project.
What Action Accomplishes
Provides County share of funding to joint agency effort to repair the South Jetty Fishing Walkway and tighten a portion of the south face of the jetty to reduce sand loss from the adjacent beach area at John U. Lloyd Beach State Park.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
THE PORT EVERGLADES DEPARTMENT AND ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT RECOMMEND APPROVAL OF THE MOTION. The South Jetty at John U Lloyd Beach State Park is owned by the Federal Government and maintained by the US Army Corps of Engineers (ACOE) as part of the Federal navigation channel for entry to Port Everglades. The fishing walkway on top of the jetty was added as part of a 1980’s ACOE project to deepen and widen the entrance channel and main turning basin to its current configuration. Through an agreement between the ACOE and the Port Everglades Authority dated November 26, 1974, the walkway and related facilities at the park were added to the project as a 50/50 cost share item, with the Port Everglades Authority agreeing to operate and maintain the jetty fishing facility. Subsequent to that agreement, the ACOE and State of Florida executed a contract on March 27, 1981 to develop additional recreational facilities to support recreation and fishing opportunities on the land and water areas around the South Jetty, and to maintain and operate all such facilities. Minor maintenance of the walkway has historically been performed by the staff at John U. Lloyd Beach State Park. They were able to continue to maintain the asphalt walkway until cumulative storm damage resulted in a shifting of the underlying jetty structure, and the walkway has been closed for safety reasons for several years. Because of the shifting of the rock in the jetty, the Park was unable to make further repairs to the existing walkway. County staff from the Port Everglades Department, the Environmental Protection and Growth Management Department, and the Office of Intergovernmental Affairs and Professional Standards have made multiple requests to the ACOE Jacksonville District staff to perform the required jetty and walkway repairs, but were told that there were no operations & Maintenance funds available in the ACOE budget, and that in its current state the jetty structure continues to function effectively as a navigation feature. Requests for funding were also included in the County’s Federal Legislative Program for FY 2011 and FY 2012, but no Federal appropriations resulted. The South Jetty also serves to retain sand on the beach area south of the jetty. Shortly after completion of the John U. Lloyd State Park portion of the Segment III Beach Nourishment project in 2006, sand was observed leaking north, through the South Jetty causing sinkholes in the beach and undermining the integrity of the beach. This unsafe condition resulted in closure of this portion of the beach. While sand tightening of jetties is a fairly routine activity, questions arose over what agency was responsible for funding the design, permitting and construction of the repair. As previously noted, the jetty is owned by the ACOE. However there was no funding in the Navigation Operations and Maintenance Account for this purpose. To start the design and permitting process, the County agreed to allow the ACOE to use retained funds to prepare a Detailed Design Report to look at jetty repairs and sand tightening on the problematic portion of the jetty. Their effort terminated in 2010 with a report and series of permits for the anticipated project. However the County was unsuccessful in getting Federal appropriations for construction, and when earmarks were ended, funding seemed even more remote. County staff began working with representatives from the Florida Department of Environmental Protection, Florida Parks Service in 2009 to seek other alternatives to complete both the sand tightening and fishing walkway repairs. While the Florida Parks Service identified some state funding for the walkway repair, it was insufficient to rebuild the walkway for the entire length of the jetty or to complete the sand tightening. County staff worked with Florida Parks Service staff and identified a potential grant opportunity through the Florida Inland Navigation District (FIND). The Cooperative Assistance Program is a grant program established by the Florida Legislature and FIND for the purpose of financially cooperating with state and regional governments to alleviate problems associated with the Atlantic Intracoastal Waterway and associated waterways within the District. The scope of the program covers both waterway related recreation and inlet management projects. While the County was not eligible to apply for the grant, the Florida Department of Environmental Protection – Division of Recreation and Parks submitted an application on behalf of the state and County, and was awarded a $350,000 grant from FIND in October 2011. The grant requires the state to provide matching funds. Under the terms of the Agreement between Broward County and the State of Florida, the County will transfer to the State of Florida Department of Environmental Protection One Hundred Thousand Dollars ($100,000.00) each from the Port Everglades and Environmental Protection and Growth Management Departments respective 2012 fiscal year capital improvement plan budgets. The County’s $200,000 financial contribution, combined with a $150,000 investment by the State of Florida Department of Environmental Protection, will cover the matching funds required to allow the State to undertake and complete this project. The work will involve sand tightening approximately 100 feet on the west end of the South Jetty to prevent sand loss through the jetty, and to rehabilitate approximately 1,010 feet of fishing walkway. The agreement provides that any cost in excess of $700,000 will be covered by the state, and the County will be refunded two-sevenths of any savings if the cost is less than $700,000. The state will be responsible for contracting for both the sand tightening and fishing walkway work following applicable state procurement procedures and obtaining all of the required permits. Once the jetty is repaired (estimated substantial completion date May, 2012), the state estimates that the amenity will be enjoyed by at least 150,000 additional park visitors annually for recreation and fishing with an annual economic impact of over $5.9 million.

Fiscal Impact

Fiscal Impact/Cost Summary:

Funding is available from Port Everglades Department in the amount of $100,000 (4710-470-6530-6300) and from the Environmental Protection and Growth Management Department in the amount of $100,000 (3370-033-3920-8101)

Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Aerial Map


Broward County Commission Regular Meeting		25.
Meeting Date:	11/08/2011
Director's Name:	Kent George
Department:	Aviation	Division:	Capital Improvement

Requested Action
A. MOTION TO APPROVE Second Amendment to Agreement between Broward County and EAC Consulting, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO APPROVE Second Amendment to Agreement between Broward County and HDR Engineering, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. C. MOTION TO APPROVE Second Amendment to Agreement between Broward County and Reynolds, Smith and Hills, Inc., for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, for the transfer and reallocation of funds between tasks, with no change to the original agreement amount of $9,300,000 or agreement term; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
MOTION A, B, and C. In accordance with the Broward County Procurement Code, Section 21.94.a., amendments greater than the award authority of the Director of Purchasing must be approved by the Board.
What Action Accomplishes
MOTION A, B, and C. Authorizes the reallocation of dollar amounts assigned to each task category without increasing the total awarded contract amount.
Is this Action Goal Related

Previous Action Taken
none.
Summary Explanation/ Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS. The Office of Economic and Small Business Development Division (OESBD) established a County Business Enterprise (CBE) participation goal of 35% for this project. Three firms were awarded the contract for General Engineering Consultant Services and the following is their CBE participation: 1) EAC Consulting, Inc., committed to 36.25% CBE participation. The firm has been paid $1,367,959.83 and has paid CBE firms $234,541.03, or 17.15% participation. However, the total assigned work for CBE firms expected for completion by April 2012 equates to 31.40% CBE participation. 2) HDR Engineering, Inc., committed to 37% CBE participation. The firm has been paid $1,638,003.67 and has paid CBE firms $792,028.39, or 48.35% participation. 3) Reynolds, Smith and Hills, Inc. (RSH) committed to 35.11% CBE participation. The firm has been paid $1,682,898.71 and has paid CBE firms $797,266.42, or 47.37% participation. OESBD concurs with the recommendation to approve the Second Amendment for all three firms. On May 5, 2009 (Item No. 20), the Board approved three Agreements for General Engineering Consultant Services at the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, Request for Letters of Interest (RLI) No. 20071017-0-AV-1, between Broward County and the following firms: EAC Consulting, Inc., HDR Engineering, Inc., and Reynolds, Smith and Hills, Inc. On December 7, 2010 (Item No. 52), the Board approved the First Amendment to (RLI) No. 20071017-0-AV-1, General Engineering Consultant Services Agreements between Broward County and EAC Consulting, Inc , HDR Engineering, Inc., and Reynolds, Smith and Hills, Inc., for the reallocation of dollar amounts assigned in task categories without increasing the total awarded contract amount; approval of additional job classifications and sub consultants to the teams; and to amend the salary costs downward from a profit margin of 12% to 10%. Prior to this amendment, pursuant to Article 3.1 of the Agreements, the Contract Administrator renewed the three Agreements through May 4, 2013. The option to renew for one (1) additional year remains. All three General Engineering Consultant Services Agreements are structured on an as needed basis to provide general architectural, engineering and environmental services through the issuance of Work Authorizations and Notices to Proceed. The areas of service are as follows: Items of Service 1 Undefined Task 2 Environmental Engineering Services 3 Airside Infrastructure Studies/Improvements 4 Safety, Security & Communications 5 Tenant Improvements 6 Airport Facility Refurbishments/Improvements 7 Terminal Development Improvements 8 Landside Infrastructure Studies/Improvements 9 Airport Development, Airport/Capital Projects The proposed Second Amendment to the Agreements will reallocate dollar amounts assigned in task categories without increasing the total awarded contract amount. Exhibit 4 shows a chart with each Agreement's usage to date and the resulting amounts reallocated as part of this proposed action. The Second Amendment will also revise pay applications for all three and approve the addition of subconsultants to the EAC Consulting, Inc. and Reynolds, Smith and Hills, Inc., Agreements, respectively.

Fiscal Impact

Fiscal Impact/Cost Summary:

Funding is obtained from the appropriate Divisions within the Aviation Department at the time of each Work Authorization. There is no change to the original agreement amounts of $9,300,000 for each firm.

Attachments
Exhibit 1A- EAC Agreement Summary
Exhibit 1B - HDR Agreement Summary
Exhibit 1C - RSH Agreement Summary
Exhibit 2A - EAC Second Amendment
Exhibit 2B - HDR Second Amendment
Exhibit 2C - RSH Second Amendment
Exhibit 3 - OESBD Compliance Memoranda dated September 19, 2011
Exhibit 4- Agreements usage to date


Broward County Commission Regular Meeting		26.
Meeting Date:	11/08/2011
Director's Name:	Kent George
Department:	Aviation	Division:	Business

Requested Action
A. MOTION TO APPROVE Automated Retail Concession Agreement between Broward County, Florida and NewZoom, Inc. d/b/a ZoomSystems Request for Letters of Interest No. 20100308-0-AV-01; to provide a non-exclusive retail vending concession of nationally branded products to the Terminal Complex and the Rental Car Center at the Fort Lauderdale- Hollywood International Airport, effective on the date of execution by the Board and to expire on the last day of the fifth Contract Year; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0. B. MOTION TO APPROVE Automated Retail Concession Agreement between Broward County, Florida and Utique, Inc. Request for Letters of Interest No. 20100308-0-AV-01; to provide a non-exclusive retail vending concession of nationally branded products in the Terminal Complex and the Rental Car Center at the Fort Lauderdale-Hollywood International Airport, effective on the date of execution by the Board and to expire on the last day of the fifth Contract Year; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
MOTIONS A AND B: Chapter 2, Section 2-40(a) of the Broward County Code of Ordinances requires that the Broward County Board of County Commissioners (Board) authorize any commercial activities or occupation of any portion of the Airport.
What Action Accomplishes
MOTIONS A AND B: This action provides for the sale of non-food retail products at the Fort Lauderdale-Hollywood International Airport (FLL), including consumer electronics, health and beauty products.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION. The Office of Economic and Small Business Development (OESBD) has determined that this project will not contain percentage goals for Airport Concession Disadvantaged Business Enterprise (ACDBE) firms. The assignment for this project is Race Neutral, which means that although numerical goals were not assigned, the selected Concessionaires are encouraged to utilize the services of ACDBE or DBE certified firms when it is possible. (Exhibit 3) In July 2007, NewZoom, Inc. (NewZoom), a provider of high-end automated retail machines, contacted Broward County Aviation Department (BCAD) with a proposal to provide automated retail concession of consumer electronics, skin care, cosmetics and other products at FLL. BCAD researched the market and found that NewZoom had a new concept in the airport industry that would qualify as a pilot concession at FLL. Therefore, as required by the Broward County Administrative Code, Concession Policy, (Chapter 26), BCAD advertised in an industry publication to seek input from potential vendors in a competitive procurement for this automated retail concession. NewZoom was the only respondent to the advertisement. Therefore BCAD negotiated an agreement to provide a pilot automated retail concession program at FLL. On August 26, 2008 (Item No. 2), the Board approved the Automated Retail Pilot Concession Agreement (Pilot Agreement) between Broward County, Florida and NewZoom to provide a non-exclusive automated retail concession for the sale of consumer electronics and other high end retail products. The Pilot Agreement was effective upon Board approval for a two year period; which is the duration of pilot concession programs as established in Chapter 26 of the Administrative Code. Chapter 26 of the Administrative Code did not provide for an Automated Retail Concession or its award as a concession, therefore, BCAD submitted changes for the Board's consideration. On April 27, 2010 (Item No. 4), the Board adopted Resolution 2010-278 amending Chapter 26 of the Broward County Administrative Code, "Operational Policy, Aviation" Part I, "Statement of Policy for Awarding Concessions and Consumer Service Privileges", Section 26.2 to add the Automated Retail Concession that was not previously listed in the policy; and Part II, "Policy Outline – Individual Concessions and Consumer Services Privileges", Section 26.4.b.3 to add a procedure for awarding an Automated Retail Concession. On August 24, 2010, the Director of Aviation approved the First Amendment to the pilot Agreement extending the term of the agreement on a month-to-month basis for a period not to exceed twelve (12) months. During that time, staff developed a Request for Letters of Interest (RLI) solicitation to proceed with a competitive process to select a new automated retail concession vendor(s). On January 25, 2011, (Item No. 1B) the Board approved the Automated Retail RLI which provided for the non-exclusive right to operate retail vending units in the Airport Terminals Complex and the Rental Car Center (RCC). The solicitation provided for the selection of more than one qualified vendor to operate within the Airport Terminals and/or the RCC. BCAD received three (3) proposals from the solicitation. On June 21, 2011 the Selection Negotiation Committee (SNC) consisting of Yasmi Govin, Chair and BCAD Director of Business and Properties Management, James McCluskie, BCAD Director of Planning and Pia Thompson, Port Everglades, Director of Administration, met in a combination shortlisting and presentations meeting to select a vendor for the Automated Retail Concession Program at FLL. The SNC shortlisted and ultimately selected two firms, NewZoom and Utique, Inc. ("Utique") to operate automated retail concessions at FLL. The firms were selected because of the product lines and concepts proposed in the RLI. NewZoom proposed: the Jockey concept, an apparel product line; the Best Buy concept, consumer electronics; and health and beauty items. Utique proposed consumer electronics, and a variety of health and beauty and gift items for a retail vending concession. The SNC then authorized staff to negotiate two agreements and forward same to the Board for approval. Negotiations with both vendors were completed on July 21, 2011. However, due to the agreements needing additional reviews, the original Pilot Agreement with NewZoom expired on August 25, 2011 before the execution of the new Automated Retail Concession Agreement (Concession Agreement) on October 17, 2011. NewZoom continued to pay privilege fees to BCAD under the rates established in the Pilot Agreement. Motion A The proposed NewZoom Concession Agreement will be effective upon Board approval with operations commencing on the first day of the first month following the Effective Date of this Agreement, or December 1, 2011, and shall expire on the last day of the fifth (5th) Contract Year, unless otherwise terminated earlier. NewZoom will operate non-exclusive retail vending machines located in the Terminals and shall have the privilege to sell product lines that include consumer electronics, health and beauty and apparel for men, women and children. NewZoom proposed a minimum capital expenditure of $3,746.00 per location, which must be completed by May 1, 2012. As required by the Agreement, NewZoom posted a security deposit in the amount of $15,000 and provided the required insurance certificates, which have been approved by the Risk Management Division. Motion B The proposed Utique Agreement will be effective upon Board approval with operations commencing on the first day of the first month following the Effective Date of this Agreement. or December 1, 2011, and shall expire on the last day of the fifth (5th) Contract Year, unless otherwise terminated earlier. Utique will operate non-exclusive retail vending machines located in the Terminals and shall have the privilege to sell product lines that include consumer electronics, health and beauty and other gift items. Utique proposed a minimum capital expenditure of $1,000.00 per location, which must be completed by May 1, 2012. As required by the Agreement, Utique posted a security deposit in the amount of $15,000 and provided the required insurance certificates, which have been approved by the Risk Management Division.

Fiscal Impact

Fiscal Impact/Cost Summary:

Motion A

NewZoom will pay Privilege Fees, a percentage fee, in the amount of seven percent (7%) of gross revenues on all consumer electronics and ten percent (10%) of the gross revenues on all other products.

Motion B

Utique will pay Privilege Fees, a percentage fee, in the amount of ten percent (10%) of gross revenues on all product line items.

Attachments
Exhibit 1A- Agreement Summary for NewZoom
Exhibit 1B- Agreement Summary for Utique
Exhibit 2A- NewZoom Agreement
Exhibit 2B- Utique Agreement
Exhibit 3 - OESBD Memorandum


Broward County Commission Regular Meeting		27.
Meeting Date:	11/08/2011
Director's Name:	Kent George
Department:	Aviation	Division:	Planning

Requested Action
MOTION TO APPROVE Seventh Amendment to the Agreement between Broward County and Landrum & Brown, Inc., for Consultant Services relating to an Environmental Impact Statement for an Airport Runway Extension at the Fort Lauderdale-Hollywood International Airport, Request for Letters of Interest No. 20030325-0-AV-01, adding a maximum not to exceed amount of $199,700, and reimbursables in the amount of $2,500, for a total Agreement increase of $202,200, revising the total Agreement to $10,511,758, and extending the Agreement from December 31, 2011 to December 31, 2012; and authorize Mayor and Clerk to execute same. ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
In accordance with Broward County Procurement Code, Section 21.47, any changes to an Agreement or Contract that alter the terms and conditions of the Contract must be contained in a formal Amendment. Additionally, Section 21.43 states that an Agreement or Contract for supplies or services may not be entered into for more than 5 years without the express consent of the Board.
What Action Accomplishes
Provides for the completion of the existing Environmental Impact Statement (EIS) project at the Fort Lauderdale-Hollywood International Airport (FLL), as requested by various reviewing agencies and directed by Federal Aviation Administration (FAA).
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION. This agenda action item supports the Board's Vision for "Unlimited Economic Opportunities"; its Goal (No. 3) to "increase the economic strength and impact of Port Everglades, the Broward County Convention Center and the Fort Lauderdale-Hollywood International Airport in a sustainable manner balancing economy, environment and the community", and the Board's objective to increase runway capacity through construction of one new 8,000-foot runway by September 30, 2014. The Office of Economic and Small Business Development (OESBD) established a 20% Disadvantaged Business Enterprise (DBE) goal for this contract and Landrum & Brown, Inc., committed to 20% DBE participation. To date, Landrum & Brown, Inc., has been paid $10,142,399.36 and has paid DBE firms $1,731,314.94, or 17.07% DBE participation through the Sixth Amendment. No additional opportunities for DBE participation are foreseen in carrying out the scope of work in the Seventh Amendment; Landrum & Brown, Inc., are solely responsible for preparing responses and documentation related to potential litigation. The shortfall in DBE participation of 2.93% is a result of changes in the scope of work and the voluntary withdrawal of two (2) DBE certified firms from the project team. Nova Consulting and PKing Consulting requested their withdrawal from the contract (May 2008). In addition, Sandra Walters Consulting, Inc.'s (SWC) scope of work to prepare, coordinate, and submit wetland permits, pursuant to the EIS, was deleted by the Broward County Aviation Department and the Federal Aviation Administration. Landrum and Brown, Inc., made good faith efforts to include additional DBE subcontractors to make up for the loss in participation, and successfully added The Martinez Group to perform additional tasks. The Office of Economic and Small Business Development concurs with the Aviation Department's recommendation to approve the Seventh Amendment. On November 4, 2003 (Item No. 4), the Board approved the Agreement between Broward County and Landrum & Brown, Inc., Request for Letters of Interest (RLI) No. 20030325-0-AV-01, for Consultant Services Relating to an EIS for the Airport Runway Extension at the Fort Lauderdale-Hollywood International Airport, for a maximum not to exceed amount of $141,840.00 for Phase I (a) of an anticipated multi-phase Agreement, for a period of three (3) years, with two (2) - one (1) year renewal options, commencing on November 4, 2003 and terminating on December 31, 2006. On June 22, 2004 (Item No. 62), the Board approved the First Amendment that authorized the scope of services for Phase II, which included but was not limited to, project management, public meetings, alternatives development, mitigation strategies, and preparation of the draft and final EIS documents. On April 25, 2006 (Item No. 41), the Board approved the Second Amendment that exercised the first one-year option period, extending the Agreement through December 31, 2007. On June 19, 2007 (Item No. 41), the Board approved the Third Amendment that exercised the second one-year option, and extended the Agreement through December 31, 2008. The Third Amendment also authorized additional work to complete the Final Environmental Impact Statement (FEIS), and included the incorporation of all comments to the Draft Environmental Impact Statement (DEIS), the development of Average Day and Peak Month Average Day flight schedules, delay analysis, noise monitor calibration, air quality analysis, and the submission of the Federal Aviation Administration (FAA) Record of Decision (ROD) to the Environmental Protection Agency (EPA) for the Federal Register. On June 10, 2008 (Item No. 3), the Board approved the Fourth Amendment that allowed for the reallocation of funds between existing in-scope tasks in order to complete the FEIS, and extended the Agreement for an additional year, through December 31, 2009. On December 1, 2009 (Item No. 45), the Board approved the Fifth Amendment that allowed for the reallocation of funds between existing in-scope tasks to assist the FAA with litigation support after the EIS ROD and extended the Agreement through September 30, 2010. On August 31, 2010 (Item No. 3), the Board approved the Sixth Amendment that extended the Agreement through December 31, 2011. The Seventh Amendment extends the Agreement an additional year from December 31, 2011 to December 31, 2012, and allows Landrum & Brown, Inc., to provide support services to the FAA on an as-needed basis pertaining to the Final Environmental Impact Statement (FEIS) and Written Re-evaluation for 2011 Proposed Airport Layout Plan; support services for potential litigation, coordination with FAA Legal Division on requests for information under the Freedom of Information Act (FOIA), support services for environmental regulatory agency requirements, and other tasks required to assist the FAA. The FAA’s letter dated August 18, 2011 (Exhibit No. 4) requests that the Agreement with Landrum & Brown, Inc., be extended to accomplish the objectives of this Seventh Amendment. One Sunshine meeting was held on October 5, 2011, to negotiate this Seventh Amendment. The meeting was attended by representatives from Landrum & Brown, Inc., the Offices of the County Attorney, OESBD and the Aviation Department.

Fiscal Impact

Fiscal Impact/Cost Summary:

This project is budgeted in the Aviation Department Improvement and Development Fund 4040 and is funded by Passenger Facility Charges (PFC).
Revenue
4040-400-3744-8203 Passenger Facility Charges                                        $202,200
Total                                                                                                              $202,200
Expense
4040-400-3744-6510 Environmental Impact Statement                               $202,200
Total                                                                                                              $202,200

Attachments
Exhibit 1- Agreement Summary
Exhibit 2- Amendment No. 7
Exhibit 3- OESBD Concurrence Memorandum dated October 11, 2011
Exhibit 4 - FAA Request letter dated August 18, 2011
Exhibit 5 - Agreement History


Broward County Commission Regular Meeting		28.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Development & Environ. (Quasi)

Requested Action
DISCUSSION: of New Findings of Adequacy for plat entitled “Westwind II Plat” (124-MP-05). (Commission District 8) ACTION: (T-10:28 AM) Approved the plat subject to staff’s recommendations as outlined in the Development Review Report. VOTE: 9-0.
Why Action is Necessary
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.
What Action Accomplishes
Compliance with the Broward County Land Development Code.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
The Environmental Protection and Growth Management Department, Development and Environmental Regulation Division recommends 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. See attached staff report. At this time, this site is not included in the Conservation Land, Green Space or Open Space Inventory, and is not adjacent to a site in the Inventory. For additional information, contact David Danovitz, Assistant Director, Development and Environmental Regulation Division, at 954-357-6621.

Fiscal Impact

Fiscal Impact/Cost Summary:

No Fiscal Impact

Attachments
Exhibit 1 - Development Review Report


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
REGULAR AGENDA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
QUASI-JUDICIAL HEARING Please be advised that the following item on the Commission’s agenda is quasi-judicial in nature. If you wish to object or comment upon this item, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. All witnesses who will testify on any quasi-judicial item will be sworn. Participants who are members of the general public need not be sworn and will not be subject to cross examination if they are not sworn. The Commission shall not assign unsworn testimony the same weight or credibility as sworn testimony in its deliberations.
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		29.
Meeting Date:	11/08/2011
Director's Name:	Cynthia Chambers
Department:	Environmental Protection	Division:	Development & Environ. (Quasi)

Requested Action
DELEGATION: John Milledge regarding: A. MOTION TO APPROVE: Request for time extension to claim impact/concurrency fee credit due to litigation pursuant to Subsection 5-180(e) of the Land Development Code for the I-595 Commerce Center Plat (054-MP-08). (Commission District 7) ACTION: (T-9:18 PM) Approved applicant's request with credits to begin on October 1, 2009 subject to all other staff recommended conditions of approval. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present. B. MOTION TO APPROVE: Impact/Concurrency Fee Credit Agreement relating to the I-595 Commerce Center Plat (054-MP-08). (Commission District 7) ACTION: (T-9:18 PM) Approved applicant's request with credits to begin on October 1, 2009 subject to all other staff recommended conditions of approval. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present.
Why Action is Necessary
Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires Board approval for time extensions and for credit agreements.
What Action Accomplishes
Grants a time extension to claim impact/concurrency fee credit for a former mobile home park and establishes a mechanism through an agreement to allocate impact/concurrency fee credits after property is sold for development.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/ Background
The Environmental Protection and Growth Management Department, Development and Environmental Regulation Division recommends approval as authority exists in the Land Development Code for Board approval of both the extension request and agreement, subject to the following findings and conditions: The Board finds that the applicant has demonstrated unique or extraordinary conditions which were beyond the control of the applicant due to the litigation to justify the extension request pursuant to Section 5-180 (e) of the Land Development Code. The agreement is amended prior to recordation to specify the commencement date of the five (5) year credit time frame as May 31, 2009 (instead of on October 1, 2009) to be consistent with the litigation, and specifies that the credit time frame will expire after May 31, 2014. Exhibit B of the agreement is amended to include a revised spreadsheet and map clearly delineating the mobile home lots located within the Town of Davie property. The revised spreadsheet and map shall be approved by County staff prior to recordation of the agreement. The final agreement with the changes specified in paragraphs 2 and 3 above, including execution, is approved for legal form by the County Attorney’s Office prior to recordation. The applicant pays the cost for recording the agreement. The applicant is requesting an extension of time to claim impact/concurrency fee credit for a former mobile home park due to litigation and approval of an agreement to allocate impact/concurrency fees credits anywhere within the property after parcels are sold for development. This plat was approved by the County Commission on August 25, 2009 and is located on the east side of Davie Road (Southwest 64 Avenue), between Nova Drive and Southwest 36 Street, in the Town of Davie (See Exhibit 2, Aerial Photo). The plat is currently approved for 1,550,000 square feet of industrial use, 350,000 square feet of commercial use, 90,000 square feet of office use and 944 garden apartments on 113.2 acres. The property is a former mobile home park for which all of the mobile homes have been removed. On September 14, 2010, the County Commission approved an ordinance amending the Land Development Code extending the time frame to claim concurrency and impact fee credits for owner-occupied mobile homes within mobile home parks. The ordinance extended the time frame to claim impact/concurrency fee credit for the removal of the mobile homes from 18 months to 5 years. This extended time period reverts back to the 18 month time frame after September 24, 2015. Mr. Milledge is requesting that the 5 year time frame to claim concurrency and impact fee credit for the former mobile homes commence on October 1, 2009, instead of on the dates the mobile homes were actually removed from the site. The affidavit submitted with the agreement, from the property manager indicates that the last mobile homes were removed on October 1, 2009. Specific evidence has not been submitted by the applicant documenting the exact removal dates for each mobile home. The attached justification (Exhibit 3) submitted by the applicant cites litigation as the primary reason for the extension request. The applicant states: “Due to litigation brought by residents of the park, all residents were afforded by executed settlement agreement to remain until May 31, 2009. By agreement of the owners, residents were afforded additional time to remain beyond May 31, 2009 until October 1, 2009 due to hardships in residents being able to move by the May 31 time frame. This additional timeframe that was afforded to the residents is documented by the affidavit of the mobile home park manager.” The litigation referred to by the applicant is attached in Exhibit 4 which includes The Stipulation for Dismissal with Prejudice and the Agreed Order. Subsection 5-180(e) the Broward County Land Development Code states that in the event litigation filed against the applicant by a private party prevents an applicant from complying with any of the time periods set forth in the Code, the County Commission may grant an extension of time upon a request by the applicant and a demonstration of unique or extraordinary conditions which were beyond the control of the applicant. Staff is aware of one other case when the Board granted such an extension for a former mobile home park due to litigation, although this extension was approved when the time frame to claim credit was 18 months, instead of the current 5 years. Staff recommends May 31, 2009 as the commencement date of the 5 year credit time frame instead of the October 1, 2009 date requested by the applicant. Accordingly, the credits would expire 5 years later or after May 31, 2014. Staff believes that the May 31, 2009 date is consistent with the extension language in the Land Development Code because this date is specifically cited in the litigation (Exhibit 4). In addition, a discrepancy exists between the affidavit submitted with this request and the affidavit submitted with the plat application in 2009. Both affidavits are included in Exhibit 5. The affidavit submitted with the plat application states that all the mobile home owners and trailers were removed and this affidavit was notarized on August 4, 2009. Mr. Milledge is also requesting approval of the attached Impact/Concurrency Fee Credit Agreement (Exhibit 6) for 888 of the 944 mobile homes which correspond to those units not indicated as vacant in the spreadsheet included in Exhibit 6. Staff estimates that the maximum available impact/concurrency fee credit for the 888 mobile homes is currently $5,303,424. The Broward County Land Development Code provides for the allocation of credits for land underlying an individual building permit application for County Environmental Review Approval. The applicant is instead requesting the flexibility to assign the credits from the entire plat to individual parcels within the property as they are sold for development. The proposed agreement allows the owner to execute a credit assignment document that assigns impact/concurrency fee credits to a conveyed parcel. The owner is required to submit an executed credit assignment document to County staff for review, approval, and recordation. After approval and recordation, County staff will allocate the credits as indicated on the recorded credit assignment document to the conveyed parcel. County staff will maintain the latest recorded credit assignment document indicating all previous assignments of credits and the available credit balance. Individual transportation concurrency, park, and school impact fee credits for a given mobile home may be assigned separately by the owner, provided the assignment is included in an approved and recorded credit assignment document. Approximately 29 acres of the plat are owned by the Town of Davie, of which 25 acres were conveyed by the owner to the Town through the attached deed and Agreement for Purchase (Exhibit 7). The remaining 4 acres are rights-of-way dedicated by the plat. The Town of Davie property is shown on the attached aerial photo (Exhibit 2). Staff estimates that approximately 233 mobile homes existed on the land owned by the Town. The agreement reserves any credits on the Town’s property to the Town, its successors or assigns and the owner shall assign any credits to the Town, its successors or assigns upon a written request. As a condition of approval, staff is recommending that Exhibit B of the agreement be amended to include a revised spreadsheet and map clearly delineating the former mobile home lots located on the Town of Davie property. The revised spreadsheet and map shall be approved by County staff prior to recordation of the agreement. The agreement has been reviewed by the County Attorney’s Office and staff is recommending that the final agreement with the changes recommended by staff be approved for legal form by the County Attorney’s Office prior to recordation. A timeline summarizing key dates referred to in this agenda report is attached as Exhibit 8. Staff recommends approval of the extension request and the agreement subject to the findings and conditions listed above. For additional information, contact David Danovitz, Assistant Director, Development and Environmental Regulation Division, at 954-357-6621.

Fiscal Impact

Fiscal Impact/Cost Summary:

If the extension is granted, credits for impact/concurrency fees will not expire as soon as they otherwise would terminate which could result in a potential loss of impact/concurrency fees.

Attachments
Exhibit 1 - Agreement Summary Sheet
Exhibit 2 - Aerial Photo
Exhibit 3 - Applicant’s Justification
Exhibit 4 - Stipulation and Agreed Order
Exhibit 5 - Affidavits
Exhibit 6 - Proposed Agreement
Exhibit 7 - Deed and Agreement for Purchase
Exhibit 8 - Timeline of Key Dates
Additional Material - Information


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
END OF QUASI-JUDICIAL HEARING
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
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What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		30.
Meeting Date:	11/08/2011
Director's Name:	Gretchen Harkins
Department:	Intergovernmental Affairs & Prof St	Division:	Boards Division

Requested Action
MOTION TO APPROVE recommendation to create a fundraising mechanism for the Commission on the Status of Women (CSW), Broward County’s Advantage Marketing Program. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. (See Yellow-Sheeted Additional Material attached to this item.) VOTE: 9-0.
Why Action is Necessary
The Board of County Commissioners sets policies on advisory board activities, specifically related to fundraising.
What Action Accomplishes
Sets policy on CSW advisory board’s ability to raise funds and accept money.
Is this Action Goal Related

Previous Action Taken
N/A
Summary Explanation/ Background
On August 30, 2011, the Board of County Commissioners rescinded their vote on item number 119 from the June 28, 2011, agenda which directed the County Attorney to take all necessary steps to establish a 501 (c) (3) for the CSW and, alternatively, directed staff to review the original request and bring back recommendations to the Board for consideration within sixty (60) days. Pursuant to the Board of County Commissioner’s directive, staff has researched a variety of options in cooperation with the County Attorney’s Office; see Exhibit 1

Fiscal Impact

Fiscal Impact/Cost Summary:

No fiscal impact for this item.

Attachments
Exhibit 1 - CSW- Fundraising Mechanism Options and Recommendation
Additional Material - Information


Broward County Commission Regular Meeting		31.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Administration

Requested Action
MOTION TO DISCUSS capital improvement project funding request from the Arena Operating Company (AOC) in the amount of $7.7 million. ACTION: (T-3:29 PM) Following Board discussion, the Board approved the capital improvement project funding request from the (AOC) in the amount of $7.7 with direction to staff to further negotiate based on Board discussion today in terms of reducing the threshold under which the County receives revenue. The Board directed staff to work with bond counsel to ensure there are no violations that will render taxable outstanding bonds relating to potential revenue received by the County. (Refer to minutes for full discussion.) VOTE: 7-1. Commissioner Ritter abstained from voting. Commissioner Wexler voted no. (See Yellow-Sheeted Additional Material attached to this item.)
Why Action is Necessary
Board direction is required for staff to proceed with this request.
What Action Accomplishes
Provides staff with direction regarding County funding for AOC capital improvement projects.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
The Arena Operating Company (AOC) has presented a proposal to the County to borrow $7.7 million to construct revenue generating capital projects at the Bank Atlantic Center. The projects contained in the proposal include a new lower level club at center ice ("Club Red")($5.0 million), and upgrades to lower level suites ($2.7 million). The proposed repayment source is through a revenue sharing of net profits, for which the County's share is currently estimated at approximately $3.0 million annually. A financial summary and pro-forma for these projects as provided by AOC is attached as Exhibit 1. AOC has cited several benefits of this project to the County which are summarized in the attached letter from Sunrise Sports & Entertainment dated October 27, 2011 (Exhibit 2). These benefits include a commitment to accelerate repayment and forgo the final installment of an existing debt relief loan which is already outstanding to the County, as well as establish a capital expenditure fund to be reserved for future building improvements. Other stated benefits include an extension to the useful life of the facility saving $50 million in depreciation expense, significant permanent job creation, and projected positive cash flow that is expected to fund 100% of annual debt service. In addition, AOC has also committed to decrease the profit sharing threshold for net income from $12 million to $10 million, and increase the County revenue sharing percentage from 20% to 30% during the payback period of the loan. AOC has also proposed to escrow on a monthly basis 1/12 of the annual payment on the new loan. The current debt payment schedule for the AOC, excluding this new request, is shown in Exhibit 3. Please note: As directed, staff is currently reviewing the use of TDT funds in response to the PACA request and will provide the Board additional information under separate cover which can be used in evaluating this request.

Fiscal Impact

Attachments
Exhibit 1 - Blended AOC Pro-Forma
Exhibit 2 - Letter Dated October 27, 2011 from Sunrise Sports & Entertainment
Exhibit 3 - Arena Payments through 2016 (Excluding New Request)
Additional Material - Information
Additional Material - Information
Additional Material - Information
Addititonal Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information


Broward County Commission Regular Meeting		32.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO APPROVE ratification of the final ranking of the qualified firms for Request for Letters of Interest (RLI) No. R0884605R1, Port Everglades Wetland Enhancement/Southport Turning Notch Expansion - Engineering Design; the ranked firms are: 1 - DeRose Design Consultants, Inc.; 2 - Miller Legg & Associates, Inc.; 3 - Tetra Tech, Inc.; 4 - Halcrow (USA), Inc., and authorize staff to proceed with negotiations. ACTION: (T-5:29 PM) The Board tabled this item following the 5:30 p.m., Redistricting Hearing. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-8:35 PM) The Board directed that presentations be heard. (Refer to minutes for full discussion.) VOTE: 7-2. Commissioners Jacobs and Lieberman voted no.
Why Action is Necessary
Final ranking of qualified firms requires Board action.
What Action Accomplishes
Approves the Selection Committee's recommendation of the final ranking of qualified firms.
Is this Action Goal Related

Previous Action Taken
On June 7, 2011 (Item No. 32), the Board approved sending rankings back to the Selection Committee with new information being provided to the Selection Committee.
Summary Explanation/ Background
On June 7, 2011 (Item No. 32), the ranking order was presented to the Board for approval (Exhibit 1). The Board directed the Selection Committee to reconvene to consider additional information researched by County Staff. On October 18, 2011, the Selection Committee reconvened. After a thorough review and discussion of the technical report, litigation reviews, the Cone of Silence communication information and other items included in an Information Package, the Selection Committee unanimously ratified by a voice vote the ranking of DeRose Design Consultants, Inc. as the first-ranked firm (Exhibit 2). Prior to the Selection Committee Meeting, the Selection Committee received a Technical Review Panel Report (Exhibit 3). This Technical Review Panel Report included a review of the short-listed firms' responses related to Wetland Enhancement and other performance requirements. In addition an Information Package was provided to the Selection Committee before the Selection Committee Meeting that included Presentation and Ranking Meeting Minutes, a review of the litigation history of the subconsultants for the short-listed Proposers, Technical Review Panel Summary Meeting Minutes, an Anticipated Team Participation Breakdown, Subconsultants Questionnaires, and a Questionnaire Matrix (Exhibit 4). Several Cone of Silence communications were received between the Selection Committee meetings and presented to the Selection Committee for review (Exhibit 5). The Selection Committee's proposed ratification of the ranking was posted on the Purchasing Division website from October 19, 2011 through October 21, 2011, which provided an opportunity for any Proposer or interested party to present any new or additional information regarding the responsibility of the Proposers. A Proposer submitted a Letter of Objection to the ratification of the final ranking and the Director of Purchasing responded to the Objection Letter on October 31, 2011 (Exhibit 6) . The Selection Committee's final recommendation of ranking was posted on the Purchasing Division website from November 1, 2011 through November 7, 2011, which provided an opportunity for any aggrieved Proposer to file a formal protest. There was no protest filed within this timeframe. The Selection Committee consisted of: Glenn Wiltshire, Deputy Port Director, Port Everglades Department (Chair) Dr. Jennifer Jurado, Director, Natural Resources Planning and Management Division, Environmental Protection and Growth Management Department Dan West, Director, Parks and Recreation Division Al Simon, Director, Development and Environmental Regulation Division, Environmental Protection and Growth Management Department

Fiscal Impact

Fiscal Impact/Cost Summary:

This action has no fiscal impact.

Attachments
Exhibit 1 - Presentation Ranking Ballot Tally dated April 25, 2011
Exhibit 2 - Summary Minutes dated October 18, 2011
Exhibit 3 - Technical Review Panel Report dated October 10, 2011
Exhibit 4 - Information Package
Exhibit 5 - Cone of Silence Communications dated October 14, 2011
Exhibit 6 - LSN Objection Letter, 10-21-11, Purchasing Director Response Letter, 10-21-11 and LSN Follow-up Letter, 11-1-11


Broward County Commission Regular Meeting
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
PURCHASING DIVISION
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		33.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
A. MOTION TO RATIFY recommendation of a conflict of interest determination in the affiliation between Facilities Management Solutions, LLC d/b/a Turner Facilities Management Solutions, a subsidiary of Turner Construction Company, a proposer for Request for Proposals (RFP) No. R0907517P1, Photographic Documentation of Construction for the Broward County Aviation Department, and Turner Construction Company, the first-ranked firm, for RFP No. N0923313P1, Construction Project Management (CPM) - Terminal 4 Gate Replacement. ACTION: (T-9:18 PM) The Board waived their Conflict of Interest Policy and directed staff to enter into negotiations with Turner Facilities Management Solutions. (Refer to minutes for full discussion.) VOTE: 8-1. Commissioner Lieberman voted no. B. MOTION TO AUTHORIZE Director of Purchasing to reject all proposals and solicit a new procurement, RFP R0907517P2, Photographic Documentation of Construction for the Broward County Aviation Department. ACTION: (T-9:18 PM) The Board waived their Conflict of Interest Policy and directed staff to enter into negotiations with Turner Facilities Management Solutions. (Refer to minutes for full discussion.) VOTE: 8-1. Commissioner Lieberman voted no.
Why Action is Necessary
A. In accordance with the Conflicts of Interest Policy for the Airport Expansion Program projects, approved by the Board January 25, 2011 (Item No. 42), as amended May 10, 2011 (Item No. 25), Board ratification is required for recommendation of the determination of a conflict of interest. B. Board approval is required for Request for Proposals.
What Action Accomplishes
A. Notifies the Board that a conflict of interest exists between two Airport Expansion Program procurements. B. Approves a Request for Proposals re-solicitation to engage the services of a qualified firm to provide comprehensive documentation of construction progress at the Fort Lauderdale-Hollywood International Airport.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/Background
THE PURCHASING DIVISION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS. This action requests the Board to ratify the Director of Purchasing’s determination of a conflict of interest between two firms under consideration for the following Airport Expansion Program (AEP) procurements: 1 - Requests for Proposal (RFP) No. R0907517P1, Photographic Documentation of Construction for the Broward County Aviation Department, proposal submitted by Facilities Management Solutions, LLC, d/b/a Turner Facilities Management Solutions (Turner Facilities), a subsidiary of Turner Construction Company; 2 - RFP No. N0923313P1, Construction Project Management (CPM) - Terminal 4 Gate Replacement, Turner Construction Company (Turner Construction) named as the first-ranked firm; and to allow the re-solicitation under RFP No. R0907517P2, Photographic Documentation of Construction for the Broward County Aviation Department. On May 10, 2011 (Item No. 27), the Board approved RFP No. R0907517P1, Photographic Documentation of Construction for the Broward County Aviation Department. Three firms submitted proposals in response to the RFP. The three firms are: Turner Facilities, Earthcam, Inc. and MiamiView of South Florida, LLC d/b/a Multivista, Inc. Staff from the Aviation Department and the Purchasing Division identified Turner Facilities as having a potential conflict of interest. The parent company, Turner Construction, was named as the first-ranked firm for the AEP Construction Project Management (CPM) for Terminal 4 Gate Replacement Project (RFP No. N0923313P1). Turner Facilities is a subsidiary company, wholly controlled by Turner Construction. Turner Construction, as CPM for the Terminal 4 Gate Replacement Project, would have reason to use the photographs from the photographic documentation contractor to complete its duties under its contract with the County. In accordance with the AEP Conflicts of Interest Policy, "It is a conflict for a CPM, a contractor, or consultant, or their subconsultants/subcontractors on any tier, to be an Affiliate with any other entity on the same work or services." On August 18, 2011, the Aviation Department, in accordance with the Airport Expansion Program Conflicts of Interest Policy, provided the County Attorney’s Office a Vendor Conflict of Interest Review Memorandum (Exhibit 1). The County Attorney's Office concurs with the conflict of interest findings (Exhibit 2). The Director of Purchasing reviewed the specific conflict of interest circumstances and determined a conflict of interest exists. Turner Facilities, the firm identified in this conflict of interest matter, has been notified of this issue (Exhibit 3). There were three proposers for RFP No. R0907517P1 for the procurement of Photographic Documentation of Construction. Of the three proposers, two were determined by the Office of Economic and Small Business Development not to be compliant with the requirements for County Business Enterprise goal participation (Exhibit 4). It will therefore be the recommendation of the Director of Purchasing to the Evaluation Committee that two of the three proposers are non-responsive to the RLI requirements. The third proposer, Turner Facilities, is determined by the Director of Purchasing to have a conflict of interest with another Broward County AEP, Construction Project Management for Terminal 4 Gate Replacement Project. Contingent upon the ratification by the Board of the conflict of interest determination there are no proposers remaining to evaluate for RFP No. R0907517P1.

Fiscal Impact

Fiscal Impact/Cost Summary:

This action has no fiscal impact.

Attachments
Exhibit 1 - Conflict of Interest Memorandum dated August 18, 2011
Exhibit 2 - County Attorney Concurrence Memorandum dated October 20, 2011
Exhibit 3 - Communication to Vendor dated September 7, 2011
Exhibit 4 - Goal memorandum dated July 7, 2011


Broward County Commission Regular Meeting		34.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO APPROVE Request for Letters of Interest (RLI) No. R0929503R1 for Engineering Consultant Services for the Public Works Department, Highway Construction and Engineering Division. (Withdrawn for further staff review.)
Why Action is Necessary
Board approval is required for Request for Letters of Interest.
What Action Accomplishes
Approves a Request for Letters of Interest solicitation to engage the services of a qualified firm to provide engineering services for transportation and general civil engineering projects.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. The Office of Economic and Small Business Development and the Public Works Department established a County Business Enterprise participation goal of 25% for this Request for Letters of Interest (Exhibit 2). The purpose of this solicitation is to engage the services of a qualified firm to provide engineering services for transportation and general civil engineering projects that are in the capital budget. The services will complement ongoing engineering work and address the repair or enhancement of roadway and general civil engineering facilities in the County. Professional engineering services may include, but are not limited to, providing and assisting with surveys; roadway plans; drainage design and storm water management; environmental permitting; signing and pavement markings; signalization; maintenance of traffic, lighting, landscaping and irrigation; construction engineering inspection services; geotechnical services (testing); structural and mechanical engineering; and minor architectural, electrical and plumbing design. The Request for Letters of Interest procurement method was selected because a solution to this County need cannot be specified or quantified and clear precise specifications cannot be easily written.

Fiscal Impact

Fiscal Impact/Cost Summary:

The estimated annual amount for this Request for Letters of Interest is not to exceed $500,000, with a total estimated two-year maximum in the amount of $1,000,000. Each procurement processed will be funded by the appropriate source at the time of release.

RQM No. EN040411000000000004; Folder No. 929503

Attachments
Exhibit 1 - RLI No. R0929503R1
Exhibit 2 - Goal Memorandum dated September 16, 2011


Broward County Commission Regular Meeting		35.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
A. MOTION TO APPROVE Option Contract for Sale and Purchase between Broward County and Legacy Development of Broward, LLC in consideration of $105,000 commencing on the date the Agreement is executed and terminating March 31, 2012, granting Broward County the right, subject to the Seller satisfactorily performing certain conditions precedent, to purchase 1.9082 acres of land, including the historically designated “Coca Cola Building”, in the amount of $6,500,000; and authorize the Mayor and Clerk to execute the same. (Commission District 7) ACTION: (T-5:25 PM) Approved. VOTE: 9-0. ACTION: (T-5:25 PM) The Board reconsidered this item. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-9:23 PM) Approved with the Yellow Sheeted Additional Material dated November 8, 2011, submitted by County Administration and Public Works. The Board asked staff to look at including a fly-over for parking. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present. B. MOTION TO APPROVE deliberately phased Developer's Agreement between Broward County and Stiles Corporation for the design and construction of a 1,010 car parking garage, 12,000 square foot open finished office space for the Guardian Ad Litem Program, 1,500 square foot retail shell space and an optional pedestrian bridge flyover from the garage to the new courthouse building for a Guaranteed Maximum Price of $23,000,000; and authorize the Mayor and Clerk to execute the same. (Commission District 7) ACTION: (T-5:25 PM) Approved. VOTE: 9-0. ACTION: (T-5:25 PM) The Board reconsidered this item. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-9:23 PM) Approved with the Yellow Sheeted Additional Material dated November 8, 2011, submitted by County Administration and Public Works. The Board asked staff to look at including a fly-over for parking. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Jacobs was not present.
Why Action is Necessary
A. Board approval is required to purchase real property pursuant to Section 6.3 of the Broward County Administrative Code B. In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all awards exceeding $250,000 per annum or $400,000 in a multi-year period.
What Action Accomplishes
A. Provides for the option to purchase 1.9082 acres of land for a courthouse parking garage for $6,500,000. The option will provide an opportunity to secure Development Review Committee (DRC) approval from the City of Fort Lauderdale and ensure that the garage can be constructed as planned prior to closing on the land at a cost of up to $105,000. B. Provides for the design and construction of a new 1,010 car parking garage for the proposed courthouse, 12,000 square foot open finished office space for the Guardian ad Litem Program, 1,500 square foot retail shell space and an optional pedestrian bridge flyover for $23,000,000.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION AND REAL PROPERTY SECTION RECOMMEND APPROVAL OF THE ABOVE MOTIONS. The Public Works Department and the Office of Economic and Small Business Development have established a County Business Enterprise (CBE) participation goal of 25% for this project. On May 25, 2010, Item No. 54, the Board appointed a Selection Committee and approved Request for Letters of Interest (RLI) No. R0841302R1 seeking a developer to provide (1) a parking facility or facilities to park a minimum of 1,000 cars servicing the Main Courthouse and the Guardian ad Litem Office, and (2) approximately 12,000 square feet of open finished office space to serve the Guardian ad Litem program. The RLI required the developer to provide, as part of its team, the property (land) owner; architects, engineers and contractors as necessary to provide the required facilities. Three firms submitted proposals in response to the RLI: New River Associates; Pavarini Construction; and Stiles Corporation. On December 7, 2010 (Item No. 62), the Board approved the Selection Committee's ranking of the RLI responses in the following order: (1) Stiles Corporation, (2) Pavarini Construction and (3) New River Associates. Negotiations with the Stiles Corporation commenced upon the Board’s approval of the rankings. During the early negotiations, the Stiles Corporation’s proposal was predicated on delivering the required courthouse parking garage project (including land, professional services and construction of the facilities) for a Guaranteed Maximum Price (GMP) of $29,500,000. Additionally, Stile’s proposed transaction was structured in two parts: 1) a stand-alone agreement for a land purchase between the County and Stiles’ associated land owners, Legacy Development of Broward, LLC (Legacy); and 2) a separate agreement between Broward County and the Stiles Corporation for the design and construction of the facilities required under the RLI. Motion A proposes an Option Contract for Sale and Purchase which will provide the land on which to build the courthouse parking garage, Guardian ad Litem office space and a shell retail space of approximately 1,500 square feet on the ground floor (see Exhibit 1). The proposed Courthouse parking garage site, comprising 1.9082 acres (83,121 square feet), is located at the northeast corner of South Andrews Avenue and S.E. 7th Street. The site extends north to the south side of S.E. 6th Street, across S.E. 6th Street from the new proposed Courthouse site, and also extends east to the northwest corner of S.E. 1st Avenue. The property is improved with the historically designated, 2-story Coca Cola Building and other miscellaneous site improvements. The Coca Cola Building will be painted and caulked shell space when delivered to the County. As the interiors of the Coca Cola Building require extensive code upgrades and remodeling, it is intended that the building will be leased “as-is,” built-out and occupied by a compatible tenant (or by the County if dictated by some future need). The land owner, Legacy, obtained two market value appraisals of the subject property in April, 2011. Both of Legacy’s appraisers established a land value of $7,065,000, or $85.00 per square foot, including the building and site improvements. In turn the County obtained two market value appraisals dated as of June, 2011 resulting in value estimates of $5,820,000 and $6,500,000. The County’s Due Diligence Office reviewed both appraisals and arrived at a correlated land value of $6,500,000, or $78.02 per square foot, including the building and site improvements. Negotiations ensued and a purchase price of $6,500,000 for subject property was agreed to. Under the negotiated terms and conditions of the proposed land purchase agreement, Legacy agreed: to pay the cost of title insurance and survey which are normally paid by buyers; that the County shall have no obligation to purchase the property in the event County is dis-satisfied with or unwilling to waive any matter of due diligence, or Legacy’s representations and warranties; that the consideration for the option to purchase, the “Option Deposit”, is fully refundable to the County in the event Legacy fails to fulfill all conditions precedent to title closing, including but not limited to final Site Plan approval by the City of Fort Lauderdale of the parking garage; to allow Stiles Corporation to perform site testing including Soil Borings, Open Hole Ex-filtration Test (Percolation), Ground Penetrating Radar, Wide Auger borings, Open Hole and/or Open Trench Investigation Motion B proposes a deliberately phased agreement with Stiles Corporation, for the pre-design, design and construction of a five-level 1,010 car parking garage, a 12,000 square foot ground floor office space for Guardian ad Litem, a 1,500 square foot ground floor retail shell space and an optional pedestrian bridge flyover from the garage to the new courthouse tower (see Exhibit 2), contingent upon the successful closing on the property in Item A and obtaining the required land use permits. The design and construction agreement proposes a Guaranteed Maximum Price (GMP) of $23,000,000 which would include all professional design services, construction of the facilities, and other associated project costs. Staff’s original estimate for the design and construction portion of the project was $27,000,000. An independent opinion of cost provided by the courthouse project’s Construction Project Manager, the Weitz Company, refined the estimate to $24,500,000. Staff believes that the $23,000,000 GMP is reasonable as it includes the following items that were not included in the original scope of the RLI: • 10 additional parking spaces valued at approximately $225,000 ($22,500/space); • 1,500 square feet of retail shell space valued at approximately $75,000 ($50/SF); and • An optional pedestrian bridge from the parking garage to the new courthouse tower estimated at $1,430,000. The proposed agreement establishes that the Stiles Corporation must competitively bid all subcontract work to establish actual prices for the construction elements of the GMP. All subcontractor bids are subject to the concurrence of the County’s Contract Administrator. If the total cost of design and construction turns out to be less than the $23,000,000 GMP, then the County will realize a savings in the difference between the actual cost and the GMP. The Selection Committee consisted of: Thomas Hutka, P.E., Director, Public Works Department, Chair Phil Allen, Director, Port Everglades Howard Forman, Broward County Clerk of the Courts Carol Ortman, Broward County Court Administrator Melissa Heller, Deputy CFO, Finance & Administrative Services Department Sunshine meetings were held to negotiate the pricing and other terms and conditions of the respective agreements: December 17, 2010, March 30, 2011, April 25, 2011, June 9, 2011, June 29, 2011, September 1, 2011, September 15, 2011, September 23, 2011, September 26, 2011, September 29, 2011, October 3, 2011, October 4, 2011, October 7, 2011, October 12, 2011, October 14, 2011, October 19, 2011, October 19, 2011, October 21, 2011, and November 2, 2011. Not being able to reach agreement on the price for the land, negotiations were suspended during periods of time while the respective parties obtained current market value appraisals. The negotiation meetings were attended by representatives of Stiles Corporation, Stiles Construction, Legacy Development, LLC, the offices of the County Attorney, County Auditor, County Administration, Purchasing Division, Public Works Department, Real Property Section and the Construction Management Division. Please note the signature pages for Exhibit 1 and Exhibit 2 will be provided under separate cover.

Fiscal Impact

Fiscal Impact/Cost Summary:

The cost of this project is $29,605,000 plus $105,000 for the option on the land. The proposed cost of the land is $6,500,000 with an option of $105,000 and the proposed cost for design and construction is $23,000,000. Funds for the land will come from the General Capital Outlay Fund No. 3010-124-5212-6100 and funds for design and construction will come from the General Capital Outlay Fund No. 3010-124-5212-6500.

RQS 124-CM093011000000000075, Folder No. 978024

Attachments
Exhibit 1 - Legacy Contract
Exhibit 2 - Stiles Agreement
Exhibit 3 - Stiles CBE Statement
Additional Material - Information
Additional Material - Information


Broward County Commission Regular Meeting		36.
Meeting Date:	11/08/2011
Director's Name:	Dinah L. Lewis
Department:	Finance & Administrative Services	Division:	Purchasing

Requested Action
MOTION TO APPROVE Request for Proposals (RFP) No. R0924501P1, Capital Improvement Plan for Broward County Transit. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Board approval is required for Request for Proposals.
What Action Accomplishes
Approves a Request for Proposals solicitation to engage the services of a qualified firm to provide consulting services to develop the Capital Improvement Plan for the Transportation Department.
Is this Action Goal Related

Previous Action Taken
None
Summary Explanation/Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION. This item supports the Board's Vision of an "Efficient and Accessible Regional Intermodal Transportation Network," its Goal No. 1, to "increase community awareness and support to improve and fund public transit meeting the multi-modal mobility needs of the community," its Goal No. 2, to "enhance our efficient, safe, clean, attractive, and interconnected multi-modal transportation systems", and its Goal No. 3, to "develop and enhance sustainable transportation facilities at the Port and Airport to meet the demands of travelers, businesses and the community." The Office of Economic and Small Business Development has determined that because this project is 100% funded by the Federal Transit Administration it will not contain race-conscious goals for Disadvantaged Business Enterprises (Exhibit 2). The purpose of this solicitation is to engage the services of a qualified firm to provide consulting services to develop the Capital Improvement Plan (CIP) for the Transportation Department. The project will include establishing an inventory of existing capital resources and future capital needs, a capital development prioritization, a capital project development process and a strategically-linked financial plan to address funding the agency’s most urgent capital equipment and facility needs. The CIP will provide detailed cost information for the first ten years on a project-by-project basis and make a projection of long-term (20-year) capital project needs for the agency. The Request for Proposals (RFP) method of procurement was selected for this project to best serve the County with additional evaluation criteria other than price alone. The RFP method provides for predefined evaluation criteria for ranking of firms based upon the required specialized technical expertise. Proposers are required to determine the best method to accomplish the specialized services, with cost being weighed against other factors. The Transportation Department clearly defined the elements of the CIP in its scope of services for the benefit of all proposers who will develop and submit price as a scored evaluation criteria. Of great importance in this solicitation are the abilities and qualifications of the proposers to perform the required consulting services as demonstrated through references from previous similar projects and other qualifying criteria.

Fiscal Impact

Fiscal Impact/Cost Summary:

The estimated project cost is $250,000 and is currently allocated in Fund No. 3450-035-8549-3411.

RQS MT0317110000000027; Folder 924501

Attachments
Exhibit 1 - RFP No. R0924501P1
Exhibit 2 - Goal Memorandum dated October 21, 2011


Broward County Commission Regular Meeting		37.
Meeting Date:	11/08/2011
Director's Name:	Kayla Olsen
Department:	Management & Budget

Requested Action
A. MOTION TO APPROVE interlocal agreement between the City of Lauderdale Lakes and Broward County regarding payment for law enforcement and fire rescue services provided by the Broward Sheriff's Office from October 1, 2011 through January 31, 2011. ACTION: (T-12:45 PM) Approved with the Yellow-Sheeted Additional Material, dated November 8, 2011, submitted by County Administration. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2011-689 within the Law Enforcement Contract Fund in the amount of $1,380,330 for the purpose of budgeting for the contract for law enforcement services between the Broward Sheriff's Office (BSO) and the City of Lauderdale Lakes through January 31st, 2011. ACTION: (T-12:45 PM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0. C. MOTION TO ADOPT unanticipated revenue Resolution 2011-690 within the Fire Rescue Contract Fund in the amount of $1,509,550 for the purpose of budgeting for the contract for emergency medical, fire protection and fire prevention services between the Broward Sheriff's Office (BSO) and the City of Lauderdale Lakes through January 31st, 2011. ACTION: (T-12:45 PM) Approved. (Scrivener’s Error – See County Administrator’s Report: Motions A, B & C read: through January 31, 2011, and should read: through January 31, 2012.) (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
All interlocal agreements and unanticipated revenue resolutions require approval by the Board.
What Action Accomplishes
Implements direction provided by the Board at the November 1, 2011 meeting.
Is this Action Goal Related

Previous Action Taken
Board directed staff to negotiate an interlocal agreement at the November 1st meeting.
Summary Explanation/ Background
The interlocal agreement directed by the Board is being negotiated with the City of Lauderdale Lakes. The City is expected to approve the agreement on Friday, November 4th. The key provision is that amounts owed to the Broward Sheriff's Office through January 31st for law enforcement and fire rescue services be will secured by witholding ad valorem taxes and fire assessments in the amounts owed. The Interlocal agreement will be forthcoming under separate cover. The appropriations needed by the Broward Sheriff's Office to provide services through January 31st are included in this item funded by the revenues that are secured by witholding ad valorem taxes and fire assessements.

Fiscal Impact

Fiscal Impact/Cost Summary:

The increase in appropriations is offset by an increase in revenue from the City of Lauderdale Lakes.

Attachments
Exhibit 1 - Lauderdale Lakes Interlocal Agreement
Exhibit 2 Resolution
Exhibit 3 - Resolution
Additional Material - Information


Broward County Commission Regular Meeting		39.
Meeting Date:	11/08/2011
Director's Name:	Ilene Lieberman
Department:	County Commission

Requested Action
MOTION TO APPROVE including support for a local bill sponsored by the Broward Delegation Chair, expanding the scope of the Office of Inspector General to include the Broward County School Board and School District in the 2012 State Legislative Program, provided the bill identifies and requires a School District-funded revenue source to offset the increased cost of the Inspector General’s Office to investigate complaints against School Board members and staff. (Commissioner Lieberman) (Deferred from November 1, 2011 - Item No. 29) ACTION: (T-3:28 PM) The Board tabled this item to the conclusion of the Consent Agenda.) ACTION: (T-9:31 PM) Tabled to Tuesday, November 15, 2011. (Refer to minutes for full discussion.)
Why Action is Necessary
County Commission approval is required for inclusion of items into legislative packages.
What Action Accomplishes
Clarifies Board position; provides direction related to legislative advocacy efforts.
Is this Action Goal Related

Previous Action Taken

Summary Explanation/ Background
State Representative Evan Jenne, Chair, Broward Legislative Delegation, is sponsoring a proposed local bill to expand the scope of the Broward County Office of Inspector General to include the Broward County School Board and School District. Following is a brief summary of the proposed legislation, which, in pertinent part: (1) addresses ethical standards for the School Board, which must, at a minimum, adopt ethics standards identical to the Code of Ethics governing Board of County Commissioners; (2) provides for non-interference with District employees; (3) amends §12.01 of the Broward County Charter relating to the Broward County Office of the Inspector General (OIG) to expand jurisdiction to include to elected officials, appointed officials and employees of School Board and the District and those persons or entities providing goods or services to the School Board or the District; (4) requires the School Board to provide sufficient funds (in addition to the County Commission) to ensure the OIG can carry out its duties; (5) creates a new paragraph in the Charter requiring Broward County and the School Board to fund the OIG’s comprehensive annual budget (based on the OIG’s reported needs) in proportion to both entities’ respective total budgets, and creates each entity’s funding obligation based on a formula specified in the bill; (6) allows the contractual surcharge to be imposed by School Board and authorizes use of general fund to cover OIG costs, and; (7) requires the County Commission to call a special referendum election on date to be determined. During the November 1, 2011 Board discussion of this item, staff was directed to inquire, of the local bill sponsor, as to certain proposed provisions of the local bill. Additional information will be forthcoming addressing these issues under separate cover.

Fiscal Impact

Fiscal Impact/Cost Summary:

Indeterminate.

Attachments
Exhibit 1- Local Bill
Additional Material - Information
Additional Material - Information
Additional Material - Information


Broward County Commission Regular Meeting		38.
Meeting Date:	11/08/2011
Director's Name:	Sue Gunzburger
Department:	County Commission

Requested Action
MOTION TO DISCUSS proposed County policy for public’s use of designated County facilities for expressive activities, including early voting and election day activities. (Mayor Gunzburger) ACTION: (T-10:29 AM) Following Board discussion, the Board rejected the County's proposed policy. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-12:35 PM) Following further Board discussion, the Board asked that County Administration receive Board direction relating to setting a public workshop if County Administration desires to move forward surrounding today's Board discussion, as well as asked the County Attorney's Office to bring an amendment back to the Board that would allow signage on County property. (Refer to minutes for full discussion.) VOTE: 9-0. (See Yellow-Sheeted Additional Material attached to this item.)
Why Action is Necessary
Proposed County policies require prior Commission consideration.
What Action Accomplishes
Provides direction to County Attorney and County Administrator regarding Commission consensus on proposed policy and related issues.
Is this Action Goal Related

Previous Action Taken

Summary Explanation/ Background
See exhibits.

Fiscal Impact

Fiscal Impact/Cost Summary:

None at this time, discussion only.

Attachments
Exhibit 1 - Draft Proposed Policy Chapter 25 Part IV
Exhibit 2 - Draft Proposed Policy Chapter 25 Exhibit 25.B
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information


Broward County Commission Regular Meeting		40.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration

Requested Action
MOTION TO CONSENT to an Assignment and Assumption of Ground Lease between Las Olas by the River Condominium Association, Inc. and New River Associates-Phase III, LLC, in connection with the Lease entered into between Broward County and Riverview of Ft. Lauderdale, Ltd., dated as of June 2, 1992, as amended. (Transferred to the Consent Agenda.) ACTION: (T-10:28 AM) Approved. VOTE: 9-0.
Why Action is Necessary
Pursuant to the terms of the Lease, Tenant is requesting approval from the County as landlord of the leased property.
What Action Accomplishes
The Tenant, Las Olas by the River Condominium Association, Inc. is seeking County approval of an assignment of its interest in a portion of the Lease to New River Phase III, LLC.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
The County entered into a 99 year Lease with Riverview of Ft. Lauderdale in June of 1992. The Lease has been amended several times since that date. To date, Lessee has designated three separate phases as an independent parcel, and one parking area as an independent parcel. The terms of the Lease allow for the Tenant to designate a portion of the leased property as independent parcels. In August 2008, Las Olas by the River Condominium Association, LLC (“Phase I”) assigned New River Associates – Phase III, LLC the Ground Lease of 47 Parking Spaces (“Assignment”). Since August 2008, New River Associates – Phase III, LLC has been paying the lease payments to the County for this portion of the Ground Lease although the Assignment was never consented to by the County. New River Associates has recently requested (Exhibit 2) that the County consent to this Assignment. Section 20 of the Lease provides that a lessee may not assign the Lease, or any part thereof, without the prior written consent of the County, which consent will not be unreasonably or arbitrarily withheld or delayed. The purpose of this action is to consent to the Assignment.

Fiscal Impact

Fiscal Impact/Cost Summary:

None.

Attachments
Exhibit 1 - Assignment and Assumption Agreement
Exhibit 2 - Letter from Jordana Jarjura


Broward County Commission Regular Meeting		41.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration	Division:	Parks & Recreation

Requested Action
MOTION TO AUTHORIZE County Administrator to have staff negotiate, with the assistance of the Office of the County Attorney and the Office of the County Auditor, a short-term Agreement with the existing concessionaire at Everglades Holiday Park (EHP) for continuation of all or some of the existing concession operations at EHP, for a period of one year commencing on June 2, 2012, with one year renewal possibilities subject to terms and conditions mutually acceptable to both parties, with a termination for convenience clause included. (Commission District 5) (Transferred to the Consent Agenda as amended.) ACTION: (T-10:28 AM) Approved, as amended with direction to staff to insert language to reflect "authorize staff to negotiate a short-term agreement for a period up to one year and begin competitive procurement." (Refer to minutes for full discussion.) VOTE: 9-0.
Why Action is Necessary
To ensure that concessions are operational when County takes over Everglades Holiday Park management in June 2012.
What Action Accomplishes
Assists in a fluid transition from State to County management of Everglades Holiday Park.
Is this Action Goal Related

Previous Action Taken
None.
Summary Explanation/ Background
THE PARKS AND RECREATION DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION. The Everglades Holiday Park (EHP) site was acquired by the County in 1964. The site was leased to the Florida Fish and Wildlife Conservation Commission (FWC), who in turn subleased the same to concessionaires to build, operate, and maintain the concessions and much of the infrastructure at EHP. The present concessionaire is Bridges Enterprises, Inc. (“Bridges”). The FWC-Bridges Agreement expires on June 2, 2012. The FWC has agreed not to renew the Agreement and to transfer management of EHP to the County on June 2, 2012. County Administration desires to have a fluid transition from FWC to County management at EHP. The County does not have privity of contract with Bridges and will not have legal or management control over the concession buildings, other site improvements, and equipment prior to June 2, 2012. Bridges has expressed an interest in continuing as concessionaire and a willingness to be flexible to adapt to County controls and standards in areas such as customer relations, accounting practices, consistency in operations, and similar elements expected of a County vendor and contract. County standard terms and conditions will be included in the negotiated Agreement. The Office of the County Attorney will assist in drafting the Agreement and reviewing as to legal form and issues. The County Auditor will be asked to review revenue handling and reporting controls for the short-term Agreement. County staff experience and research indicates that the best opportunity for a long-term private concession vendor competitive process to include solid financial backing, multi-audience patron expertise, and capital improvements commitment will be after Phase I (bridge improvements) improvements are made and while the Phase II (parking, grade, docks, ramps, and building(s)) improvements are moving forward. Due to the existing concessionaire’s fully operational presence at EHP, the concessionaire’s familiarity with EHP patrons, the cost savings involved in staffing, equipment, licenses, and training by not operating the concessions with County staff, the fluidity in keeping concessions open while EHP is transitioning from FWC to County management, and the ability to utilize revenues received from the concessions to assist with the improvement costs at the park, County staff believe that a short-term agreement with Bridges that would include flexible termination for convenience options would work in the best interests of the County and EHP patrons in the near future.

Fiscal Impact

Fiscal Impact/Cost Summary:

The Everglades Holiday Park operational budget is being established as a self supporting fund, 0360-025-93EV.

Attachments
Exhibit 1 - Key Agreement Provisions


Broward County Commission Regular Meeting		42.
Meeting Date:	11/08/2011
Director's Name:	Sue Gunzburger
Department:	County Commission

Requested Action
MAYOR'S REPORT (No report given.)
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		43.
Meeting Date:	11/08/2011
Director's Name:	Bertha Henry
Department:	County Administration

Requested Action
COUNTY ADMINISTRATOR'S REPORT A. EMERGENCY ALERT SYSTEM ACTION: (T-9:31 PM) County Administrator Bertha Henry announced that an Emergency Alert System Test will be performed in coordination with the FCC and FEMA on Wednesday, November 9, 2011 at 2:00 p.m. (Refer to minutes for full discussion.)
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		.
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
U.S. POSTAL SERVICE-COMMISSIONER LIEBERMAN ACTION: (T-9:32 PM) Commissioner Lieberman referenced Non-Agenda Yellow-Sheeted Additional Material relating to the U.S. Postal Service considering whether to close two mail-processing centers. Commissioner Lieberman noted there is a public hearing being held on November 17, 2011. Commissioner Lieberman asked that the Board's Resolution in September of 2011 be provided at the public hearing. Commissioner Sharief noted she will be attending the public hearing. (Refer to minutes for full discussion.)
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		.
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
THANKS-COMMISSIONER SHARIEF ACTION: (T-9:33 PM) Commissioner Sharief thanked the Board for attending her birthday party. (Refer to minutes for full discussion.)
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.


Broward County Commission Regular Meeting		.
Meeting Date:	11/08/2011
Department:	Finance & Administrative Services

Requested Action
CONGRATULATIONS-COMMISSIONER SHARIEF *ACTION: (T-9:34 PM) Commissioner Sharief congratulated West Park Commissioner Rita Peach Mac and Commissioner Sharon Fyffe on their re-elections. (Refer to minutes for full discussion.)*
What Action Accomplishes

Is this Action Goal Related

Previous Action Taken

Fiscal Impact

Attachments
No file(s) attached.