Broward County Commission Regular Meeting
Director's Name: Tara Williams
Department: Human Services Division: Community Partnerships
Information
Requested Action
title
A. MOTION TO APPROVE Agreement between the State of Florida Department of Health and Broward County in the not-to-exceed amount of $1,827,864, effective from October 1, 2024, through September 30, 2025, for operation of the Health Department in Broward County; authorize the Mayor and Clerk to execute same; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.
ACTION: (T-11:03 AM) Approved.
VOTE: 8-0. Vice-Mayor Bogen was inaudible during the vote.
B. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes, for the following Broward County advisory board member holding an employment or contractual relationship with an entity receiving funds for the performance of services under this agenda item:
1. Joshua Rodriguez
2. Paula Thaqi
ACTION: (T-11:03 AM) Approved.
VOTE: 8-0. Vice-Mayor Bogen was inaudible during the vote.
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Why Action is Necessary
A. Broward County Board of County Commissioners (“Commission”) approval is required for agreements with external agencies.
B. A waiver of conflict arising under Section 112.313(7)(a), Florida Statutes, requires two-thirds approval by the Commission.
What Action Accomplishes
Approval of Motion A allows Broward County to provide annual funding to the County Health Department (“CHD”) Trust Fund and locally promote, protect, maintain, and improve the health and safety of Broward County residents.
Approval of Motion B waives the existence of any conflicts arising under Section 112.313(7)(a), Florida Statutes, as authorized under applicable law.
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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’s value of “building partnerships and working collaboratively with others to meet shared objectives” and the goal of “delivering accessible human services that holistically address the whole person collaboratively and compassionately.” Approval allows Broward County to enter into the Agreement to enhance public health services, control and eradicate preventable diseases, and provide primary health care services in Broward County.
Section 154.01(1), Florida Statutes, encourages counties to enter a contractual arrangement with the State of Florida Department of Health (“FDOH”) to meet the state’s public health needs through a system of coordinated CHD services. The Agreement and its Attachments (Exhibit 1) reflect Broward County’s statutory obligation under Chapter 154, Florida Statutes, to meet the public health needs of Broward County by funding the CHD Trust Fund. This funding enables FDOH to promote and improve the health and safety of Broward County residents by providing environmental health, communicable disease control, and primary care services. In addition to Broward County’s financial contribution in the not-to-exceed amount of $1,827,864, Broward County provides FDOH use of seven facilities (Exhibit 1, Attachment IV).
Retroactive approval is requested due to delay in receipt of the final version of the Agreement from FDOH, including changes to the Agreement to allow County to invoice FDOH for CHD vehicle maintenance and servicing. The Agreement is in the form required by FDOH and contains provisions that are materially different from County’s standard contractual provisions, including: 1. Any surplus at the end of the term attributed to CHD shall be carried forward into the next contract period (unless requested otherwise); 2. Either party may increase or decrease funding of this contract by providing written notice and purpose for the change, and; 3. Termination is at-will with 180 days’ notice, for lack of funds with 24 hours’ notice, or for breach with 30 days’ notice. The Office of the County Attorney does not believe these provisions present any unreasonable risks and has approved as to form. The Agreement is in FDOH’s format; thus, FDOH will sign last.
Approval of this item would give rise to certain employment conflicts under Section 112.313(7)(a), Florida Statutes, which provides that "no public officer... shall have or hold any employment or contractual relationship with any business entity... which is... doing business with an agency of which he or she is an officer or employee." In accordance with 112.313(12), Florida Statutes, Commission approval is required to waive any conflict of interest arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires two-thirds vote of the Commission after disclosure of the conflicting relationship (Motion B) in accordance with Section 112.313(12), Florida Statutes. Forms 4A, Disclosure of Business Transaction, Relationship, or Interest, are attached to this report as Exhibit 2 and constitute full disclosure of any existing conflicts.
Source of Additional Information
Efrem Crenshaw, Director, Community Partnerships Division, (954) 357-6398
Jessica Roy, Administrator, Health Care Services, (954) 357-5394
Fiscal Impact
Fiscal Impact/Cost Summary
Funding in the not-to-exceed amount of $1,827,864 is allocated in the Community Partnerships Division's Fiscal Year 2025 budget.