Broward County Commission Regular Meeting
Director's Name: Keith D. Bostick (Deputy Director)
Department: Human Services Division: Community Partnerships
Information
Requested Action
title
A. MOTION TO ADOPT Resolution No. 2021-093 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement of U.S. Department of Health and Human Services funds in the estimated amount of $1,058,536 to specified service providers for Ryan White Fiscal Year 2021-2022; authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the agreements, subject to review for legal sufficiency by the Office of the County Attorney; and providing for severability and an effective date.
ACTION: (T-10:47 AM) Approved.
VOTE: 9-0.
B. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes for the following Broward County advisory board members holding an employment or contractual relationship with an entity receiving funds for the performance of services under this agenda item:
1. Bradford J. Barnes
2. Aaron Cutright
3. Vincent J. Foster
4. Rosalyn R. Frazier
5. Claudette E. Grant
6. Vince L. Johnson
7. Joshua Rodriguez
8. Patricia A. Rowe-King
9. Rick Siclari
10. Dr. Paula M. Thaqi
ACTION: (T-10:47 AM) Approved.
VOTE: 9-0.
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Why Action is Necessary
A. Broward County Board of County Commissioners (“Commission”) adoption of this Resolution is required for appropriation and disbursement of grant funds 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
A. Adoption authorizes distribution of funds to provide needed health care services to Broward County residents living with HIV.
B. Approval waives the existence of any conflict arising under Section 112.313(7)(a), Florida Statutes, as authorized under applicable law.
Is this Action Goal Related
Yes
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 “approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable” and the goal to “effectively advocate for and acquire municipal, state and federal financial support to equitably address health and human services needs of the entire community, through a truly coordinated system of care.” Approval will ensure services are available to eligible Broward County residents living with HIV.
Retroactive approval is requested to allow service providers to bill for critical EHE health and support services.
On October 15, 2019, (Item No. 7), the Commission approved the County’s grant application to the U.S. Department of Health and Human Services, Health Resources and Services Administration (“HRSA”) for Ending the HIV Epidemic: A Plan for America (“EHE,” formerly ETE) - Ryan White HIV/AIDS Program funds for services to reduce new HIV infections and expand the provision of services to (i) individuals newly diagnosed with HIV, (ii) individuals living with HIV who are not engaged in care, and (iii) individuals with detectable amounts of HIV in their blood.
On February 20, 2020, HRSA awarded EHE funds to the County for Ryan White Fiscal Year 2020-2021 and on August 25, 2020, (Item No. 2), the Commission authorized appropriation and disbursement of these funds to certain service providers.
The Human Services Department (“HSD”) has been advised that HRSA is currently operating under a Continuing Resolution from Congress which only provides a partial funding amount to Ryan White programs based on Fiscal Year 2020-2021 funding allocations. Once HRSA receives its Fiscal Year 2021-2022 appropriations, HRSA will issue to the County a Notice of Award (“NoA”) for the partial amount by March 1, 2021, and a final NoA by June 2021.
The HSD requests Commission authorization for appropriation and disbursement of EHE funds for Ryan White fiscal year 2021-2022, which commences on March 1, 2021, to the Ryan White Part A service providers (identified in Exhibit 1, Attachment A). The agreements with these service providers will be renewed for Ryan White fiscal year 2021-2022 in accordance with the terms and conditions of the agreements, subject to review for legal sufficiency by the Office of the County Attorney.
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
Darrell Cunningham, Director, Community Partnerships Division, (954) 357-6398
Juanita Gonzalez-Charlot, Human Services Administrator, Community Partnerships Division, (954) 357-5394
Fiscal Impact
Fiscal Impact/Cost Summary
The County's EHE program is 100% funded through federal dollars from HRSA. The EHE program would be discontinued if grant funding were no longer available.