County Commission

Tuesday, December 12, 2023 10:00 AM Broward County Broward County Governmental Center Room 422 (Commission Chambers) County Commission Action Agenda - Published County Commission Action Agenda - Published December 12, 2023 Page 1 of 1 County Commission Action Agenda - Published December 12, 2023 MEETING OF DECEMBER 12, 2023 Meeting convened at 10:06 a.m. and adjourned at 1:03 p.m. Commissioner Mark D. Bogen Commissioner Lamar P. Fisher Vice-Mayor Beam Furr Commissioner Steve Geller Commissioner Robert McKinzie Mayor Nan H. Rich Commissioner Hazelle P. Rogers Commissioner Michael Udine Present: Commissioner Tim RyanAbsent: Commissioner Fisher participated telephonically for the Consent Agenda and a portion of the Regular Agenda. CALL TO ORDER Call to order was led by Mayor Nan Rich, District 1. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Vice-Mayor Beam Furr, District 6. MOMENT OF SILENCE In memory of Mike Saint Jean, Lauderhill. In memory of Myrna Eileen Branker, former Nursing Administrator. In memory of Sandra Day O’Connor, retired Supreme Court Justice. In memory of Norman Lear, Screenwriter and Producer. In honor of all the brave men and women, who have served and continue to serve in our Armed Forces both here and abroad, thanking them for their service. PROCLAMATION(S) National Impaired Driving Month Proclamation presented to MADD and BSO by Commissioner Udine. World Aids Month Proclamation presented to HIV Health Services Planning Council and Broward Page 1 of 55 County Commission Action Agenda - Published December 12, 2023 Community Partnerships Division by Commissioner McKinzie. PRESENTATION: OPPORTUNITIES INDUSTRIALIZATION CENTER OF SOUTH FLORIDA (OIC) ACTION: (T-10:21 AM) Opportunities Industrialization Center of South Florida (OIC) presentation. (Refer to minutes for full discussion.) TUESDAY MORNING MEMO The Tuesday Agenda Memorandum was read by Reading Clerk Jessica Phanor. CONSENT AGENDA A motion was made by Commissioner Geller, seconded by Commissioner Bogen and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 77. At the request of the Mayor, Regular Items 98, 100, 101, 102, 103, 104, 105, 108 and 110 were transferred to the Consent Agenda. Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote. Public Hearing Items consist of Items 78 through 97. Regular Agenda Items consist of Items 98 through 113. The following Items were pulled from the Consent Agenda by the Board and considered separately: 12, 68 and 76. The following Item was pulled from the Consent Agenda by a member of the public and considered separately: 54. BOARD APPOINTMENTS 1. MOTION TO APPROVE Board Appointments 1A. A. MOTION TO APPOINT Gerald Greenspoon to the Medical Marijuana Advisory Board in the at-large all category of “Broward Resident.” ACTION: (T-10:35 AM) Approved with Regular Meeting Additional Material, dated Page 2 of 55 County Commission Action Agenda - Published December 12, 2023 December 12, 2023, submitted at the request of Commissioner Geller. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes for Gerald Greenspoon who holds an employment or contractual relationship with an entity that receives funds from Broward County. (Commissioner Geller) ACTION: (T-10:35 AM) Approved with Regular Meeting Additional Material, dated December 12, 2023, submitted at the request of Commissioner Geller. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 1B. MOTION TO REAPPOINT Scott Ehrlich to the Housing Finance Authority in the category of “Finance.” (Commissioner Geller) ACTION: (T-10:35 AM) Approved with Regular Meeting Additional Material, dated December 12, 2023, submitted at the request of Commissioner Geller. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. AVIATION DEPARTMENT 2. MOTION TO APPROVE First Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 449613-1-94-01, increasing the total design cost for the Overlay Runway 10R-28L and Rehab Runway Lighting project at Broward County’s North Perry Airport to $546,380 and increasing the grant funding total maximum contribution up to $27,319; authorizing the Mayor and Clerk to execute the First Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the First Amendment. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. PUBLIC WORKS DEPARTMENT CONSTRUCTION MANAGEMENT DIVISION 3. A. MOTION TO APPROVE Amendment No. 2 to Agreement between Broward County Page 3 of 55 County Commission Action Agenda - Published December 12, 2023 and Synalovski Romanik Saye, LLC, pursuant to Agreement No. PNC2124594P1 for Consultant Services for Work of a Specified Nature for professional architecture and engineering services, to provide for a change to the delegated authority provisions for approval of individual Work Authorizations and their amendments; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE Amendment No. 2 to Agreement between Broward County and ACAI Associates, Inc., pursuant to Agreement No. PNC2124594P1 for Consultant Services for Work of a Specified Nature for professional architecture and engineering services, to provide for a change to the delegated authority provisions for approval of individual Work Authorizations and their amendments; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 4. A. MOTION TO APPROVE Amendment No. 1 to Agreement between Broward County (“County”) and VDCO Tech, Inc., pursuant to Agreement No. PNC2123379P1 for Consultant Services for BIM, VDC, Laser Scanning and Associated Services, to provide for a change to the delegated authority provisions for an individual Work Authorization and its amendments; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE Amendment No. 1 to Agreement between Broward County (“County”) and EXP U.S. Services, Inc., pursuant to Agreement No. PNC2123379P1 for Consultant Services for BIM, VDC, Laser Scanning and Associated Services, to provide for a change to the delegated authority provisions for an individual Work Authorization and its amendments; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. Page 4 of 55 County Commission Action Agenda - Published December 12, 2023 5. MOTION TO APPROVE Amendment No. 5 to the Amended and Restated Agreement between Broward County and Matthews Holdings Southwest, Inc. for Design Services for Broward County Convention Center Expansion and Headquarters Hotel project (RFP/RLI No. N1337414R3), to adjust the authority of the Contract Administrator to execute Work Authorizations and amendments thereto in an amount not to exceed $ 500,000 for each Work Authorization, to facilitate County’s ability to authorize the performance of Optional Services in an efficient and timely manner; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 6. MOTION TO ADOPT Resolution authorizing the Mayor and Clerk to certify and file in the Office of the Clerk of the Circuit Court of Broward County a Maintenance Map for a portion of Cypress Creek Road (NW 62nd Street) east of the intersection with Powerline Road (NW 9th Avenue) in the City of Fort Lauderdale, at no cost to Broward County. (Commission District 8) ACTION: (T-10:35 AM) Approved Resolution No. 2023-480. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION 7. MOTION TO APPROVE Consent to Easement Agreement (“Agreement”) granting Broward County use of a right-of-way easement to facilitate the County’s construction of mooring fields within the federal right-of-way of the Intercoastal Waterway located on Sheridan Street in the City of Hollywood; and authorize the Mayor and Clerk to execute same. (Commission District 6) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 8. MOTION TO ACCEPT Corrective Quitclaim Deed conveying property located in the City of Fort Lauderdale (“City”) from City to Broward County (“County”) at no cost to the County; correcting scrivener’s errors in the property’s legal description; authorizing the Mayor and Clerk to accept same and authorize recordation of same. (Commission District 4) Page 5 of 55 County Commission Action Agenda - Published December 12, 2023 ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 9. MOTION TO APPROVE Subordination Agreement in favor of the Florida Department of Transportation (“FDOT”) subordinating Broward County’s easements in property located at 2660 S. Course Drive, Pompano Beach, Florida 33069; and to authorize County Administrator to execute same. (Commission District 8) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. WATER AND WASTEWATER ENGINEERING DIVISION 10. MOTION TO APPROVE increase in the change order allowance for Contract No. PNC2123493C1 between Broward County and Man Con Incorporated (MCI), for NE 22nd Avenue Force Main Replacement Phase 2, from 5% to 18.26% of the original contract amount of $1,106,510; and authorize the Contract Administrator or designee to execute such change orders. (Commission District 4) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. HUMAN SERVICES DEPARTMENT COMMUNITY PARTNERSHIPS DIVISION 11. A. MOTION TO APPROVE sole source determination for Henderson Behavioral Health, Inc. to provide crisis screening and stabilization services to adults experiencing poverty who reside in Broward County and need voluntary or involuntary intervention for mental illness under Chapter 394, Part I, Florida Statutes. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE Agreement between Broward County and Henderson Behavioral Health, Inc. in the amount of $531,000, from October 1, 2023, through Page 6 of 55 County Commission Action Agenda - Published December 12, 2023 September 30, 2024, with four one-year renewal periods, to provide crisis screening and stabilization services to adults experiencing poverty who reside in Broward County and need voluntary or involuntary intervention for mental illness under Chapter 394, Part I, Florida Statutes; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Agreement that do not impose any additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney, and to take all necessary administrative and budgetary actions to implement the Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. C. MOTION TO APPROVE waiver 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: Steven Ronik. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 12. A. MOTION TO AUTHORIZE County Administrator to execute a two year Grant Agreement between the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (“SAMHSA”) and Broward County, subject to review for legal sufficiency by the Office of the County Attorney, in the annual amount of $1,350,851, including annual grant funding of $1,000,000, an annual in-kind match of $16,851 from Broward County, and an annual external match of $334,000, for a two year total value of $2,701,702, effective September 30, 2023 through September 29, 2025, with two additional one-year renewal periods, to enhance the delivery of services to youth experiencing Serious Emotional Disturbances (“SED”) through the One Community Partnership 4 (“OCP4”) program; authorize the County Administrator to execute amendments to the Agreement that do not impose any additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney, and take all necessary administrative and budgetary actions to implement the grant. (Mayor Rich pulled this item from the Consent Agenda.) ACTION: (T-10:37 AM) Approved. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Fisher voted in the affirmative telephonically. Mayor Rich abstained from voting. Commissioner Ryan was not present. B. MOTION TO ADOPT budget Resolution within the SAMHSA OCP Grant Fund in the Page 7 of 55 County Commission Action Agenda - Published December 12, 2023 amount of $1,016,851 to enhance the delivery of services to youth experiencing SED through the OCP4 program from September 30, 2023, through September 29, 2024. (Mayor Rich pulled this item from the Consent Agenda.) ACTION: (T-10:37 AM) Approved Resolution No. 2023-481. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Fisher voted in the affirmative telephonically. Mayor Rich abstained from voting. Commissioner Ryan was not present. C. MOTION TO AUTHORIZE County Administrator to execute an Agreement between Broward County and Broward Behavioral Health Coalition, Inc., subject to review for legal sufficiency by the Office of the County Attorney, in the amount of $930,818 from September 30, 2023, through September 29, 2024, with three additional one-year renewal periods, to enhance the delivery of services to youth experiencing SED through the OCP4 program; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement. (Mayor Rich pulled this item from the Consent Agenda.) ACTION: (T-10:37 AM) Approved. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Fisher voted in the affirmative telephonically. Mayor Rich abstained from voting. Commissioner Ryan was not present. D. MOTION TO APPROVE waiver 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: Silvia Quintana. (Mayor Rich pulled this item from the Consent Agenda.) ACTION: (T-10:37 AM) Approved. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Fisher voted in the affirmative telephonically. Mayor Rich abstained from voting. Commissioner Ryan was not present. 13. MOTION TO ADOPT budget Resolution within the Ryan White Part A Grant Fund to carryover grant award funding for specified Part A HIV Direct Services and Minority AIDS Initiative Direct Services in the aggregate amount of $608,675 from Federal Fiscal Year (“FFY”) 2022 to FFY 2023 to continue initiatives that provide core medical and care support services to individuals living with HIV in Broward County. ACTION: (T-10:35 AM) Approved Resolution No. 2023-482. Page 8 of 55 County Commission Action Agenda - Published December 12, 2023 VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 14. A. MOTION TO APPROVE Agreement between Broward County and North Broward Hospital District d/b/a Broward Health in the amount of $8,495,420, effective October 1, 2023, through September 30, 2024, with four one-year renewal periods, to provide primary care medical services to qualified low-income persons; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Agreement that do not impose any additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE Agreement between Broward County and South Broward Hospital District d/b/a Memorial Healthcare System in the amount of $4,987,957, effective October 1, 2023, through September 30, 2024, with four one-year renewal periods, to provide primary care medical services to qualified low-income persons; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Agreement that do not impose any additional financial obligations on the County, subject to review for legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. C. 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. Melida J. Akiti 2. Evan L. Boyar 3. Johanne Casseus 4. David J. Clark 5. Alexander M. Fernandez 6. Bisiola O. Fortune-Evans 7. William E. Green 8. Chauniqua D. Kiffin Page 9 of 55 County Commission Action Agenda - Published December 12, 2023 9. Alondra Machado 10. Candace M. Pineda 11. Peter P. Powers 12. Zulma Vanessa Quiles ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 15. A. MOTION TO APPROVE Amendments to Agreements between Broward County and specified service providers, effective December 1, 2023, to update the Agreements due to recommendations by the funder; authorize the County Administrator to execute the amendments, subject to review for legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreements as amended. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 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. Melida J. Akiti 2. Bradford J. Barnes 3. Evan L. Boyar 4. Johanne Casseus 5. Jose Castillo 6. David J. Clark 7. Aaron Cutright 8. David M. Feldman 9. Alexander M. Fernandez 10. Bisiola O. Fortune-Evans 11. Rosalyn Frazier 12. Gregory Gayle 13. William E. Green 14. Walter H. Honaman 15. Ronenia A. Jenkins 16. Rafael F. Jimenez 17. Chauniqua D. Kiffin 18. Alondra Machado 19. Bradley Paul Mester 20. Timothy R. Moragne Page 10 of 55 County Commission Action Agenda - Published December 12, 2023 21. Deborah A. Mulligan 22. Candace M. Pineda 23. Peter P. Powers 24. Zulma Vanessa Quiles 25. Joshua Rodriguez 26. Mark S. Schweizer 27. Paula M. Thaqi 28. Annamma Udaya Thomas ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 16. A. MOTION TO AUTHORIZE County Administrator to execute Agreement between Broward County and South Broward Hospital District d/b/a Memorial Healthcare System, in substantially the form attached as Exhibit 1, for medical care, treatment, hospitalization, and transportation of persons ill, wounded, or otherwise injured during or at the time of arrest for any violation of state law or County Ordinance, effective October 1, 2023, through September 30, 2024, with four one-year renewal terms; and to approve nonmaterial changes to the form that do not modify the cost structure and are otherwise determined to be in the County’s best interests, subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 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. Melida J. Akiti 2. Chauniqua D. Kiffin 3. Alondra Machado 4. Candace M. Pineda 5. Peter P. Powers 6. Zulma Vanessa Quiles ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. Page 11 of 55 County Commission Action Agenda - Published December 12, 2023 FAMILY SUCCESS ADMINISTRATION DIVISION 17. MOTION TO AUTHORIZE County Administrator to execute an agreement between Florida Power & Light Company (“FPL”) and Broward County, subject to review for legal sufficiency by the Office of the County Attorney, for the provision of emergency energy assistance to eligible Broward County residents in an estimated amount of $ 1,500,000 from FPL’s Care to Share contribution fund, effective January 1, 2024, through December 31, 2028; authorize the County Administrator to execute amendments to the agreement, subject to review for legal sufficiency by the Office of the County Attorney, that do not impose any additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. HOUSING OPTIONS SOLUTIONS AND SUPPORTS DIVISION 18. MOTION TO APPROVE Fourth Amendment to Agreement No. 22-CP-HIP-0375-01 between Broward County and Henderson Behavioral Health, Inc., decreasing the Agreement’s maximum funding amount by $835,375, from $1,429,597 to $594,222, effective October 1, 2023, to remove the Specialty Shelter Program, which provides services to individuals experiencing homelessness and severe mental illness; 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 as amended. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 19. A. MOTION TO APPROVE funding increases for agreements between Broward County and service providers of Rapid Rehousing and Permanent Supportive Housing identified in Exhibit 1, effective October 1, 2023, through September 30, 2024, to be executed in accordance with the terms of the agreements; authorize the Human Services Department Director to execute the contract adjustments; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the agreements as amended. ACTION: (T-10:35 AM) Approved. Page 12 of 55 County Commission Action Agenda - Published December 12, 2023 VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO APPROVE waiver 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: Rafael F. Jimenez. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 20. A. MOTION TO APPROVE Second Amendment to Agreement 22-CP-HIP-8666-02 between Broward County and Broward Partnership for the Homeless, Inc., d/b/a Broward Partnership, decreasing the Agreement’s maximum funding amount by $220,000, from $540,000 to $320,000, effective October 1, 2023, to remove the program providing rapid rehousing services for individuals and families experiencing homelessness; 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 as amended. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 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. Thomas Campbell 2. Frances Esposito 3. Cathy Stutin ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. PORT EVERGLADES DEPARTMENT 21. MOTION TO FILE Final Franchise Evaluation Report for the period July 1, 2021, through June 30, 2023. ACTION: (T-10:35 AM) Approved. Page 13 of 55 County Commission Action Agenda - Published December 12, 2023 VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 22. MOTION TO APPROVE Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for Financial Project No. 444854-1-94-01, with FDOT agreeing to grant up to $10,865,849 to Broward County for Port Everglades’ Berth Improvements Project (“Project”), but no more than 75% of the total eligible cost of the Project, and County agreeing to pay the remaining 25% and cover any cost overruns, and Addendum thereto modifying the indemnification language of the PTGA; authorize the Mayor and Clerk to execute the PTGA and Addendum; authorize the County Administrator or designee to take the necessary administrative and budgetary actions resulting from approval of the PTGA; and authorize the County Administrator to approve any amendments to the PTGA that do not increase the County’s financial obligation, subject to review by the Office of the County Attorney for legal sufficiency. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 23. MOTION TO APPROVE Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for Financial Project No. 452146-1-94-01, with FDOT agreeing to grant up to $3,280,000 to Broward County for Port Everglades’ Upland Facility Improvements Initiative Project (“Project”), but no more than 50% of the total eligible cost of the Project, and County agreeing to match FDOT’s grant and cover any cost overruns, and Addendum thereto modifying the indemnification language of the PTGA; authorize the Mayor and Clerk to execute the PTGA and Addendum; authorize the County Administrator or designee to take the necessary administrative and budgetary actions resulting from approval of the PTGA; and authorize the County Administrator to approve any amendments to the PTGA that do not increase the County’s financial obligation, subject to review by the Office of the County Attorney for legal sufficiency. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 24. MOTION TO APPROVE Amendment No. 02 to the Public Transportation Grant Agreement (“PTGA”) between the Florida Department of Transportation (“FDOT”) and Broward County for the Environmental/Design/Construction phase of the Port Everglades’ Slip 1 Berths 9 & 10 Expansion Project (Financial Project No. 430123-1-94-03), increasing the estimated total cost of the Project by $31,866,667 and increasing FDOT’s Page 14 of 55 County Commission Action Agenda - Published December 12, 2023 maximum participation by $23,900,000 up to $49,900,000, but not more than 75% of the total eligible project cost, with the County agreeing to pay the remaining 25% and cover any cost overruns, effective upon execution by FDOT; authorize the County Administrator to take the necessary administrative and budgetary actions to implement the grant; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. TRANSPORTATION DEPARTMENT 25. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, adopting the Broward County Transit Development Plan 2024-2033 Major Update. (Per the Tuesday Agenda Memorandum, the Board's consideration is based on the item as amended by the replacement Page 9 distributed as Additional Material.) ACTION: (T-10:35 AM) Approved Resolution No. 2023-483 as amended with Regular Meeting Additional Material, dated December 12, 2023, submitted at the request of Transportation Department. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 26. MOTION TO APPROVE threshold increase of $8,400,000 for the initial two-year term and $8,800,000 for each of the remaining eight one-year renewal periods for open-end contract with Port Consolidated, Inc. for the Unleaded Gas and Diesel Fuel Contract TRN2124222G1, which will result in an increase of the overall contract threshold of $78,800,000 for a new estimated total of $268,800,000 for the ten-year term. (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the amended motion statement distributed as Additional Material by the Transportation Department.) ACTION: (T-10:35 AM) Approved as amended with Regular Meeting Additional Material, dated December 12, 2023, submitted at the request of Transportation Department. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. Page 15 of 55 County Commission Action Agenda - Published December 12, 2023 27. MOTION TO APPROVE threshold increases of $56,575 for the current term (thru April 5, 2024) and $51,800 for each of the two remaining one-year renewals for a potential five-year estimated increase from $500,000 to $660,175 over the five-year open-end contract with WEX Bank, Inc. for the Fleet Fuel Card Services Contract No. TRN2122332G1. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 28. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, approving the Fiscal Year 2024 Public Transportation Agency Safety Plan (PTASP). ACTION: (T-10:35 AM) Approved Resolution No. 2023-484. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. GREATER FORT LAUDERDALE CONVENTION AND VISITORS BUREAU 29. MOTION TO APPROVE Second Amendment to the Agreement between Broward County and Aqua Marketing & Communications, Inc. (Aqua), for Advertising Services, to increase the media buy not-to-exceed amount by $6,000,000 for the Greater Fort Lauderdale Convention & Visitors Bureau and authorizing the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, executed Signature Pages have been received.) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 30. MOTION TO APPROVE “Broward & Beyond Business Conference” (“BBBC”), tentatively scheduled for Friday, May 3, 2024, as a County-sponsored event; authorize the Office of Economic and Small Business Development (OESBD) to solicit co-sponsorships greater than $30,000 for the BBBC; and authorize the County Administrator to execute co-sponsorship and other related sponsorship or marketing agreements for the BBBC at no cost to County, subject to review for legal sufficiency by the Office of the County Attorney, and to take all other administrative and budgetary actions associated therewith. Page 16 of 55 County Commission Action Agenda - Published December 12, 2023 ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 31. MOTION TO APPROVE form grant agreement between Broward County and Kauffman FastTrac Entrepreneur Development Program ("Kauffman Program") grant award recipients in substantially the form attached as Exhibit 1; and authorize the Director of the Office of Economic and Small Business Development (OESBD) to execute such grant agreements that do not exceed the annual board-approved appropriation for the Kauffman Program for the applicable Fiscal Year, subject to review for legal sufficiency by the Office of the County Attorney. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. REGIONAL EMERGENCY SERVICES AND COMMUNICATIONS OFFICE OF REGIONAL COMMUNICATIONS AND TECHNOLOGY 32. MOTION TO APPROVE Second Amendment to the Lease Agreement between the City of Coconut Creek (City) and Broward County (County), for lease of property at 4900 West Copans Road, Coconut Creek, Florida 33063, for the operation of a E-911 Call Center (Second Amendment), in substantially the form attached as Exhibit 1, and authorize the County Administrator to further negotiate and execute the Second Amendment with any required modifications, provided the County Administrator determines such modifications benefit the County, and subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take any necessary administrative and budgetary actions to implement the Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. REQUEST TO SET FOR PUBLIC HEARING 33. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of Norton Lilly International Inc . d/b/a MACS Marine Transport, for the granting of a nonexclusive, unrestricted Port Everglades marine terminal security services franchise for a one-year term. Page 17 of 55 County Commission Action Agenda - Published December 12, 2023 ACTION: (T-10:35 AM) Approved Resolution No. 2023-485. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 34. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MANDATORY COURT COSTS; AMENDING SECTION 10-5 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:35 AM) Approved Resolution No. 2023-486. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 35. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of the Governmental Center East, to consider enactment of an Ordinance amending the Broward Municipal Services District Zoning Map, the title of which is as follows : (Commission District 5) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE REZONING OF PROPERTY; CHANGING THE ZONING DISTRICT BOUNDARIES BY REZONING PORTIONS OF COLLIER GROVES PLAT, AS RECORDED IN PLAT BOOK 22, PAGE 42, OF THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT A, FROM B-2: GENERAL COMMERCIAL BUSINESS DISTRICT TO B-3: INTENSE COMMERCIAL BUSINESS DISTRICT; PROVIDING FOR AMENDMENT OF THE APPLICABLE ZONING DISTRICT MAPS; REPEALING CONFLICTING ZONING ORDINANCES AND ZONING RESOLUTIONS TO THE EXTENT OF ANY CONFLICT HEREWITH; PROVIDING THAT THE REZONING SHALL NOT BE CONSTRUED TO CREATE A RIGHT TO DEVELOPMENT THAT FAILS TO MEET THE REQUIREMENTS OF OTHER LAND DEVELOPMENT REGULATIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: (T-10:35 AM) Approved Resolution No. 2023-487. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Page 18 of 55 County Commission Action Agenda - Published December 12, 2023 Commissioner Ryan was not present. 36. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING SECTIONS 3-1 THROUGH 3-3 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); REPEALING SECTIONS 3-4, 3-21, AND 3-22 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:35 AM) Approved Resolution No. 2023-488. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 37. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO TREE REMOVAL LICENSES AND THE TREE PRESERVATION TRUST FUND ("TREE TRUST"); AMENDING SECTION 27-408 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") PROVIDING FOR TREE REMOVAL LICENSE WAIVERS FOR AFFORDABLE HOUSING PROJECTS; AMENDING SECTION 27-413 OF THE CODE AUTHORIZING THE EXPENDITURE OF MONIES IN THE TREE TRUST FOR SPECIFIED PURPOSES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:35 AM) Approved Resolution No. 2023-489. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 38. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider adoption of a proposed Resolution Amending the Page 19 of 55 County Commission Action Agenda - Published December 12, 2023 Broward County Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE TREE PRESERVATION TRUST FUND; AMENDING SECTIONS 27.186 AND 27.187 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") PERTAINING TO DISBURSEMENTS FROM THE TREE PRESERVATION TRUST FUND; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. ACTION: (T-10:35 AM) Approved Resolution No. 2023-490. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. RESILIENT ENVIRONMENT DEPARTMENT 39. MOTION TO APPROVE Standard Grant Agreement No. 23BO1 between Broward County and the Florida Department of Environmental Protection (FDEP) for cost-sharing of the design, construction, and monitoring of the beach and dune construction projects located in Segment III of the Broward County Shore Protection, providing for $3,750,625 in 2023/2024 legislative appropriations; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the Grant Agreement, subject to review for legal sufficiency by the Office of the County Attorney, that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Grant Agreement. (Commission District 6) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 40. MOTION TO APPROVE First Amendment to Grant Agreement No. 22FRP20 between the Florida Department of Environmental Protection (FDEP) and Broward County; authorize the Mayor and Clerk to execute same; authorize the County Administrator, after review for legal sufficiency by the Office of the County Attorney, to execute future amendments to the Agreement that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement as amended. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. Page 20 of 55 County Commission Action Agenda - Published December 12, 2023 41. MOTION TO APPROVE Interlocal Agreements in connection with the Integrated Water Resource Plan Grants awarded to the City of Coconut Creek ($175,000), the City of Oakland Park ($175,000), the City of Pompano Beach ($175,000), and the City of Sunrise ($120,000), respectively, in substantially the form of Exhibits 1, 2, 3, and 4; to authorize the County Administrator to execute the Interlocal Agreements with any required modifications, provided such modifications do not impose any additional, material financial risk on the County, and subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Interlocal Agreements . (Commission Districts 2, 4, 8 and 9) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. CONSUMER PROTECTION DIVISION 42. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 20, Article VII, Divisions 3 and 4 of the Broward County Code of Ordinances (“Code”) pertaining to licensing standards, penalties, and updated terms and definitions associated with Motor Vehicle Body Repair and Paint, Motor Vehicle Repair, and Technicians. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 43. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 22 ½ of the Broward County Code of Ordinances (“Motor Carriers”) pertaining to required acceptable payment methods for taxi fares, minimum vehicle standards and updated terms and definitions. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. ENVIRONMENTAL PERMITTING DIVISION 44. MOTION TO APPROVE the Release of Joint Deed of Conservation Easement and Agreement over an on-site wetland mitigation area comprising 1.86 acres of real property located south of Griffin Road, west of SW 184th Avenue, in the Town of Southwest Page 21 of 55 County Commission Action Agenda - Published December 12, 2023 Ranches, Florida, and to authorize the County Administrator to execute same . (Commission District 1) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 45. MOTION TO APPROVE disbursement of up to $35,000 from the Tree Preservation Trust Fund for the 2024 Water Matters Day Tree Giveaway. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. NATURAL RESOURCES DIVISION 46. A. MOTION TO APPROVE Grant Agreement No. TV025 between the Florida Department of Environmental Protection (FDEP) and the Broward County Board of County Commissioners, to provide funding for the Title V Air Quality Permitting program in the amount of $165,703, inclusive of a partially retroactive reimbursement period for services from July 1, 2023, to June 30, 2025; and authorize the County Administrator to execute the Grant Agreement and take all necessary administrative and budgetary actions to implement the grant and allocate and implement subsequent partial awards. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO ADOPT budget Resolution within the Pollution Prevention Fund for the first year of the grant in the amount of $81,224 for the purpose of recognizing Title V funds received from FDEP. ACTION: (T-10:35 AM) Approved Resolution No. 2023-491. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 47. A. MOTION TO APPROVE Grant Agreement No. 4600004823 between Broward County and the South Florida Water Management District (SFWMD) providing cost-share funding for the Broward Regional Water Conservation and Incentives Program and reimbursing Broward County for rebates issued through the Conservation Pays toilet rebate program, inclusive of a retroactive reimbursement period from October 1, 2022, to October 31, Page 22 of 55 County Commission Action Agenda - Published December 12, 2023 2024, and a grant value of $50,000 and matching cost share in the amount of $50,000 for a total project amount of $100,000; authorize the Mayor and Clerk to execute the same; authorize the County Administrator to execute amendments to the Grant Agreement, subject to review for legal sufficiency by the Office of the County Attorney, that do not impose additional financial obligations on the County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Grant Agreement. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO ADOPT budget Resolution in the amount of $100,000 within the Natural Resources Division’s State Grants Fund to appropriate the $50,000 SFWMD grant, matching the $50,000 Broward Water Partnership cost share amount, for the purpose of reimbursing Broward County for rebates issued through the Conservation Pays toilet rebate program. ACTION: (T-10:35 AM) Approved Resolution No. 2023-492. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 48. A. MOTION TO APPROVE Grant Agreement 5A-02D50923-0 between U.S. Environmental Protection Agency (EPA) through the Inflation Reduction Act (IRA) - Clean Air Act (CAA) and the Broward County Board of County Commissioners, to provide funding for the Particulate Matter Monitoring Program to purchase equipment to monitor ambient air quality in the amount of $38,994, inclusive of a partially retroactive reimbursement period from June 1, 2023 to May 31, 2026; and to authorize the County Administrator to execute the Grant Agreement and any amendments that do not increase the financial obligation of the County, subject to review for legal sufficiency by the Office of the County Attorney, and to take all necessary administrative and budgetary actions to allocate and implement the grant and any subsequent partial awards. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO ADOPT budget Resolution within the Natural Resources Division’s Ambient Air Monitoring Fund in the amount of $38,994 for the purpose of recognizing Inflation Reduction Act - Clean Air Act grant funds received from EPA. ACTION: (T-10:35 AM) Approved Resolution No. 2023-493. Page 23 of 55 County Commission Action Agenda - Published December 12, 2023 VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. HOUSING FINANCE DIVISION 49. MOTION TO ADOPT Resolution, the title of which is as follows: A Resolution of the Board of County Commissioners of Broward County, Florida, authorizing the issuance by the Housing Finance Authority of Broward County, Florida (the “HFA”) in the aggregate amount not to exceed $19,000,000 of its Multifamily Housing Revenue Bonds, Series 2023 (The Palms of Deerfield Townhomes) (the “Senior Bonds”) and its subordinate Multifamily Housing Revenue Note, Series 2023 (The Palms of Deerfield Townhomes) (the “Subordinate Note” and, together with the Senior Bonds, the “Bonds”) for the purpose of financing the acquisition, rehabilitation, and equipping of The Palms of Deerfield Townhomes located in Broward County, Florida (the “Project”); establishing parameters for the award of the sale thereof and establishing criteria for determining the terms thereof, including interest rates, interest payment dates, maturity schedule, and other terms of such Bonds; approving the forms of and authorizing the execution and delivery of the following documents in connection with (i) the Senior Bonds: (a) a Trust Indenture by and between the HFA and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”); (b) a Loan Agreement by and between the HFA and The Palms of Deerfield Townhomes, LLC (the “Borrower”); (c) a Land Use Restriction Agreement by and among the HFA, the Trustee, and the Borrower (the “Land Use Restriction Agreement”); (d) a Bond Purchase Agreement by and among the HFA, the Borrower, and Raymond James & Associates, Inc. (“Raymond James”) and RBC Capital Markets, LLC (“RBC”), as Bond Purchaser (collectively, the “Purchaser”); (e) a Trustee Fee Agreement by and between the HFA and the Trustee (the “Trustee Fee Agreement”); and (f) a Collateral Funds Agreement by and among the HFA, the Borrower, the Trustee, and Citibank, N.A., as Construction Lender, and (ii) the Subordinate Note: (a) a Subordinate Loan Agreement by and between the HFA and the Borrower; (b) the Land Use Restriction Agreement; (c) an Assignment of Subordinate Mortgage and Subordinate Loan documents by the HFA to The Palms of Deerfield Beach, LP (the “Leasehold Owner”); (d) a Placement Agent Agreement by and between the HFA and Raymond James and RBC, as Placement Agents and consented to by the Borrower; and (e) the Fiscal Agent Fee Agreement; approving and authorizing the execution and delivery by the HFA of certain additional agreements, instruments, certifications and affidavits necessary or desirable in connection with the issuance of the Bonds; authorizing the negotiated sale of the Senior Bonds to the Purchaser pursuant to the Bond Purchase Agreement; authorizing the appointment of a Bidding Agent pursuant to the Bond Purchase Agreement; authorizing the preparation and distribution of a Preliminary Official Statement for the Senior Bonds and authorizing the preparation, distribution, and execution of a final Official Statement in connection with the offering and sale of the Senior Bonds; authorizing the negotiated sale of the Subordinate Note to the Leasehold Owner pursuant to the Subordinate Loan Agreement; authorizing the appointment of a Trustee, Paying Agent, and Registrar of the Bonds; authorizing the HFA to consent to the Borrower placing Page 24 of 55 County Commission Action Agenda - Published December 12, 2023 subordinate financing on the project and approving the execution of such agreements as may be necessary in connection with such consent; approving and ratifying the HFA ’s publication of a notice of public hearing and the subsequent holding of such public hearing each under Section 147(f) of the Internal Revenue Code of 1986, as amended, in connection with the issuance of the Bonds by the HFA; authorizing the proper officers of the HFA to do all things necessary or advisable in connection with the issuance of the Bonds; and providing an effective date for this Resolution. (Commission District 2) ACTION: (T-10:35 AM) Approved Resolution No. 2023-494. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 50. MOTION TO APPROVE Second Amendment to Mortgage and Promissory Note between The Palms of Deerfield Beach, L.P., and Broward County; and authorizing the Mayor and Clerk to execute same. (Commission District 2) (Per the Tuesday Agenda Memorandum, executed Signature Pages have been received.) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 51. MOTION TO APPROVE Broward County State Housing Initiatives Partnership (“SHIP”) Program Affordable Housing Incentive Strategies Report (“Report”) as developed by the Affordable Housing Advisory Committee (“AHAC”) and authorize the filing of the Report with the Florida Housing Finance Corporation (“FHFC”). ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 52. MOTION TO APPROVE Agreement between Broward County and Broward County Housing Authority providing State Housing Initiatives Partnership (“SHIP”) Program Funding for Foreclosure Prevention Assistance in substantially the form attached as Exhibit 1 (the “SHIP Agreement”); and to authorize the County Administrator to execute the SHIP Agreement with any required modifications, provided such modifications do not impose any additional material financial risk on the County, and subject to review and approval as to legal sufficiency by the Office of the County Attorney. ACTION: (T-10:35 AM) Approved. Page 25 of 55 County Commission Action Agenda - Published December 12, 2023 VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. URBAN PLANNING DIVISION 53. MOTION TO APPROVE Agreement for the Issuance of Building Permits after Completed Plat Application for Essential Governmental Facilities for Prospect Lake Clean Water Center (027-MP-23); and authorize the Mayor and Clerk to execute same. (Commission District 8) ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 54. MOTION TO AUTHORIZE County Administrator or designee to approve and/or execute agreements, contract amendments, work authorizations, and other documents during the Broward County Board of County Commissioner’s 2023 Winter Recess (between December 13, 2023 and January 22, 2024), including all items listed on Exhibit 1 hereto, and any other items for which the County Administrator determines approval or execution is in the best interest of the County and delaying action until January 22, 2024 would adversely impact the County’s interests or day-to-day operations, subject to approval of such documents as to legal sufficiency by the Office of the County Attorney; directing the County Administrator to provide a report to the Board identifying any action not listed on Exhibit 1 that imposes a financial obligation on the County in excess of $ 500,000; and to authorize the County Administrator to take all necessary administrative and budgetary actions to effectuate the authorized actions. (A member of the public pulled this item from the Consent Agenda.) (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the revised Exhibit 1 distributed as Additional Material.) ACTION: (T-10:38 AM) Approved as amended with Regular Meeting Additional Material, dated December 12, 2023, submitted at the request of Finance and Administrative Services Department. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. ACCOUNTING DIVISION Page 26 of 55 County Commission Action Agenda - Published December 12, 2023 55. MOTION TO FILE Broward County, Florida Single Audit Report on Federal Awards and State Financial Assistance for the Fiscal Year Ended September 30, 2022. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. PURCHASING DIVISION For Finance and Administrative Services Department 56. A. MOTION TO APPROVE Sole Source designation for Skillsoft (US) Corporation for Percipio, an enterprise electronic computer-based learning solution for the Human Resources Division. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. B. MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute a replacement Computer Based Learning Software Agreement, in the estimated amount of $2,375,000 for a term of up to five years, including any renewal options, authorizing the Director of Purchasing to exercise any renewal options provided, subject to review of each agreement for legal sufficiency by the Office of the County Attorney. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. 57. MOTION TO AWARD open-end contract to low responsive, responsible bidder, Cochhbha Enterprises, Inc., for Temporary Information Technology (IT) Personnel Services, Bid No. GEN2126691B1, for the Water and Wastewater Services Division, in the initial one-year estimated amount of $167,200, and authorize the Director of Purchasing to renew the contract for four one-year periods, for a five-year potential estimated amount of $836,000. ACTION: (T-10:35 AM) Approved. VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present. For Public Works Department Page 27 of 55 County Commission Action Agenda - Published December 12, 2023 58. A. MOTION TO APPROVE sole source, sole brand designation to provide SynchroGreen Adaptive Traffic Control Systems software from Naztec/TrafficWare, for the Highway Construction and Engineering Division, for a five-year period in the estimated amount