August 22, 2023
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
AUGUST 22, 2023
PAGE ITEM
55 3H14 DELETED FOR
FURTHER STAFF REVIEW (FDO)
109 6D1 REVISED
SUMMARY (HOUSING) / SUMMARY: On May 10, 2023, the
Department of Housing and Economic Development (HED) issued Request for
Proposals HED.2023.3 (RFP) making up to $1,000,000 in Federal HOME funding
available for a Local Government Area of Opportunity Funding (LGAOF) loan
contribution to multi-family housing developers seeking tax credits from the
Florida Housing Finance Corporation (FHFC) 9% Housing Credits Program. Per FHFC rules, the LGAOF contribution may
only be made to one (1) project. A
selection committee consisting of three (3) voting members met at a public
meeting held on July 6, 2023, and recommended funding of a $1,000,000 loan to
developer ND Flex, LLC, (an affiliate of McCurdy Senior Housing Corp. and The
Rich Family Holdings, LLLP) for Waterview Apartments, an affordable rental
development for the elderly to be located at the 4420 West Tiffany Drive in the
Town of Mangonia Park. The project will
consist of 138 113 one-bedroom newly constructed apartments as
follows: 21 18 units for
30% of Area Median Income (AMI), and 117 46 units for 60% AMI,
27 units for 80% AMI, and 22 market rate units. The project will include 51 HOME-assisted
units, including 11 units of which will be set aside for 30% AMI and
40 units for 60% AMI. The County funding contribution equates to $19,608
per HOME-assisted unit. The HOME-assisted units will remain affordable for no
less than 50 years. The total cost of development is $47.2 $42.3
million. The HOME award is contingent on FHFC approval of 9% Housing Credits
for Waterview Apartments, which will provide an estimated $35 26.6
million in tax credit equity toward the project. If the 9% Housing Credits are not approved by
FHFC, the HOME award to ND Flex, LLC will be automatically cancelled and the
HOME funds will be reprogrammed. The
Loan Agreement and related documents pursuant to these HOME funds will be
between the County and ND Flex, LLC (and its respective successors and/or
assigns). To facilitate project
implementation, staff requests authorization for the County Administrator, or
designee, to execute the Loan Agreement and related documents. These are Federal HOME Program grant
funds which require a 25% local match provided by State SHIP grant funds. District 7 (HJF)
August 22, 2023
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
AUGUST 22, 2023
PAGE ITEM
111 6E1 REVISED
MOTION / TITLE / SUMMARY (ERM) / Staff
recommends motion
to:
A)
adopt a
Resolution amending Resolution R89-576, which created the Pollution Recovery
Trust Fund (PRTF), to establish procedures for separation, distribution, and
responsibility of collecting fees for the PRTF; and
B) approve a Budget
Transfer of $21,588 from the PRTF 1227 to reserve account (3171)
in the amount of $17,271 for to the Department of Environmental
Resources Management (ERM) PRTF reserves, and to reserve account
(3170) in the amount of $4,317 for to the Florida Department
of Health in Palm Beach County (DOH) PRTF reserves,.
Summary:
On April 4, 1989, the Board of County Commissioners (BCC)
adopted Resolution R89-576 establishing the Palm Beach
County (PBC) PRTF, a local fund to deposit monies collected by ERM and DOH
through various enforcement actions to enhance PBC's environmental resources
and pollution control activities. The PRTF is to be kept and maintained in
trust by the BCC. The BCC receives and
considers recommendations to disburse PRTF funds for projects proposed by the
Director of ERM and the Director of DOH. Currently, both Directors must sign
off on every PRTF disbursement request, even when the disbursement is for a
project under one of the entities. This Resolution will establish procedures
for separation, distribution and responsibility of collection of fees for the
PRTF to avoid requiring both Departments to sign off on every
disbursement. Funds collected pursuant
to consent agreements entered into by the ERM Director, and administrative
penalties levied by the Groundwater and Natural Resources Protection Board
(GNRPB) (ULDC Article 2, 14 and 15) for violations associated with county codes
and ordinances, including Petroleum Storage Systems, Petroleum Contamination
Cleanup Criteria, Wellfield Protection, Mining and Excavation, Storm Water
Pollution Prevention, Sea Turtle Protection and Sand Preservation, and
Vegetation Preservation and Protection will be deposited in the ERM specific
account within the PRTF, Fund 1227, Unit Code 3171, and managed by
the Director of ERM, or designee; and ERM will recommend disbursements of these
funds to the BCC. Funds collected pursuant to consent agreements entered into
by the DOH Director, and penalties levied by the Environmental Control Hearing
Board (ECHB) (ULDC Article 2, 14 and 15) for violations due to noncompliance
with septic tank, sewage and water, and air pollution program health
regulations will be deposited in the DOH specific account with the PRTF,
Fund 1227, Unit Code 3170, and managed by the Director of DOH, or
designee; and DOH will recommend disbursements of these funds to the BCC.
Moreover, this agenda item will transfer funds from the current remaining PRTF
general reserves of $21,588 to separate PRTF reserve accounts established
specifically for ERM and DOH. Historically, ERM has contributed 80% of funds
and DOH has contributed 20% of funds into the PRTF. Therefore, of the remaining
$21,588 in reserves, ERM’s PRTF reserve account will receive $17,271 (80%) and
DOH’s PRTF reserve account will receive $4,317 (20%). There is no cost to the County. Countywide (SS)
August 22, 2023
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
AUGUST 22, 2023
PAGE ITEM
113 6F1 REVISED SUMMARY (RESILIENCE) / Summary: The Office of
114 online Resilience, Engineering and Public Works, and
Parks and Recreation Departments are collaborating on five FL Department of
Environmental Protection Resilient Florida implementation grant applications.
On July 11, 2023, the Board approved staff to work with a preapproved consultant
for an amount not to exceed $50,000 to prepare the technical reports and grant
applications. This resolution will demonstrate Board support for providing 50% mandatory match of County funding
totaling $23,200,000 $20,310,000 upon awards, which increases
grant application scoring. Districts 1, 3, 4, 5, 7 (RM)
125 6H9 DELETED FOR
FURTHER STAFF REVIEW (FDO)
126 online
126 6H10 DELETED FOR
FURTHER STAFF REVIEW (FDO)
127 online
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
* * * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
AUGUST 22, 2023
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 16 - 100)
4. SPECIAL
PRESENTATIONS (Page 101)
5. PUBLIC HEARINGS - 9:30 A.M. (Pages 102 - 106)
6. REGULAR AGENDA (Pages 107 - 129)
7. BOARD APPOINTMENTS (Page 130)
8. STAFF
COMMENTS (Page 131)
9. BCC
COMMENTS (Page 132)
10. ADJOURNMENT (Page 133)
* * * * * * * * * * *
AUGUST 22, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 16
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change orders, work task orders, minor
contracts, final payments, etc.
3B-5 List
of Errors, Insolvencies, Double Assessments, Discounts and Value Adjustment
Board Reductions on the 2022 Assessment Roll.
Page 17
3B-6 Annual Financial Reports for Fiscal Year
ended September 30, 2022.
C. ENGINEERING & PUBLIC WORKS
Page 18
3C-1 Work Order 2021050-47 to mill and resurface
Browns Farm Road with Ranger Construction.
Page 19
3C-2 Work Order EN053023-214 to the annual traffic
signal contract with Gerelco Traffic Controls, Inc. to construct a mast arm at
intersection of Lantern Drive / 47th Place and Lyons Road.
3C-3 Adopt two Resolutions for the construction of
roadway improvements to extend Congress Avenue from Northlake Boulevard to
Alternate A1A Project.
Page 20
3C-4 Adopt
a Resolution declaring the acquisition of fee simple right-of-way for the
construction of
roadway improvements on Old Dixie Highway from
Yamato Road to south of Linton Boulevard Project.
3C-5 Sovereignty Submerged Lands Easement Renewal
from the Trustees of the Internal Improvement Trust Fund for submerged lands
under the East Ocean Avenue Bridge over the Lake Worth Lagoon.
Page 21
3C-6 Engineering Services and Grant Support
Professional Contracts with Kimley-Horn and Associates, Inc.; with CORE
Engineering Group, LLC and with Calvin, Giordano & Associates, Inc.
Page 22
3C-7 Approve Work Order 2021050-57 to mill and
resurface Flavor Pic Road with Ranger Construction Industries, Inc.
3C-8 Approve Consultant Service Authorization No.
5 with Mock, Roos & Associates, Inc. for the Seminole Colony Drainage Canal
Replacement Project.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
C. ENGINEERING & PUBLIC WORKS (cont’d.)
Page 23
3C-9 Approve Work Order 2021050-56 to mill and
resurface Boca Rio Road with Ranger Construction Industries, Inc.
Page 24
3C-10 Approve contract with Rosso Site Development,
Inc. for the construction of Seminole Boulevard and approve a Budget Amendment.
3C-11 Adopt two Resolutions declaring the acquisition
of fee simple rights-of-way for the construction of sidewalk improvements for
the Canal Point KE Cunningham Elementary School Project.
Page 25
3C-12 Approve Consultant Service Authorization No 4
with BCC Engineering, LLC for Seminole Boulevard from Oswego Avenue to
Okeechobee Boulevard Project; and approve a Budget Amendment.
Page 26
3C-13 Adopt a Resolution for standard FDEP grant
agreement for the Australian Avenue Drainage Improvement Project; Approve
Agreement; Approve FDEP Build America, Buy America Act and Davis Bacon Act
Acknowledgement; Approve American Rescue Plan Act’s Coronavirus State and Local
Fiscal Recovery Funds; Adopt a Resolution to delegate County Administrator or
designee; and Approve Budget Amendment.
Page 27
3C-14 Approve Change Order No. 4 with MJC Land
Development for Lyons Road to West Atlantic Avenue Project.
E. COMMUNITY SERVICES
Page 28
3E-1 Ratify
the Mayor’s signature on FY 2022 Audit Compliance Certification to certify Palm
Beach County Community Services Department complied with audit requirements.
Page 29 -30
3E-2 Approve
amendments to Subreceipient Agreements for Ryan White Program HIV/AIDS Part A
for Health Support Services for: FoundCare, Inc., AIDS Healthcare Foundation,
Inc., Monarch Health Services, Inc., Compass, Inc., Treasure Coast Health
Council, Inc., and the Poverello Center, Inc.
Page 31
3E-3 Approve
the appointment of four new members and one reappointment of one member to the
HIV CARE Council.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES (cont’d.)
Page 32
3E-4 Approve
the contract with Feeding South Florida, Inc. to provide prepared meals and grocery
boxes to seniors.
3E-5 Approve
Agreement with Florida Atlantic University Board of Trustees for the provision
of process and outcomes evaluation research services to PBC residents with
substance use disorders.
Page 33
3E-6 Approve
Subreceipient Agreement with Rebel Recovery Florida, Inc. for the Ending the
HIV Epidemic for two years.
F. AIRPORTS
Page 34
3F-1 Access
Agreement with Popstroke Holdings LLC providing access to lease parcel located
at PBI.
3F-2 Registration
for Distribution of Literature or Picketing at PBI issued to South Florida
Public Witnessing, Inc.
Page 35
3F-3 Approve
Change Order No. 3 with Alen Construction Group, Inc. with an extension; and
approve a Budget Transfer.
3F-4 License
Agreement with Chandler & Campbelle Investment Group LLC with automatic renewals
on an annual basis for CCD parking at PBI.
Page 36
3F-5 Adopt
a Resolution establishing a standard form First Amendment to Agreement for
Rental Car Lease and Concession, and authorizing County Administrator or
designee.
Page 37
3F-6 Amendment
for Extension of the Public Transportation Grant Agreement with FDOT for the
Golfview West Canal Relocation/Culvert at PBI.
Page 38
3F-7 Federal
Aviation Administration Grant Agreement for design and construction services
for the Wind Cone Relocation and Replacement at PBI; Approve contract with H.L.
Pruitt Corp.; and Approve Budget Amendment.
3F-8 Consent
to Sublease documents by Signature Flight Support LLC at PBI with Steven
Shenouda/EMTAC.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 39
3G-1 Approve
request by PBC Tax Collector to order the 2023 tax roll be extended prior to
the Value Adjustment Board hearing; and direct VAB to certify the assessment
roll.
3G-2 Fiscal Year 2023/2024 Proposed Budget for
Children’s Services Council.
3G-3 Financial Statements for Fiscal Year ending
September 30, 2022 from Delray Beach Community Redevelopment Agency.
3G-4 Quarter Ending 6/30/2023 information for
Children’s Services Council of PBC.
Page 40
3G-5 Negotiated settlement of code enforcement
lien entered on Robert M. Battista.
Page 41
3G-6 Negotiated settlement for the full
satisfaction of code enforcement lien entered on Janusz and Urszula Nalepa.
3G-7 Approve Budget Transfer from School Impact
Fee Zone 1 to School Impact Fee Zone 1.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 42
3H-1 Approve Second Amendment with South Florida
Water Management District exercising the first option to extend the term.
Page 43
3H-2 Adopt a Resolution authorizing a Lease
Agreement with the North Palm Beach Rowing Club, Inc. to lease real property at
Palm Beach County Bert Winters Park; and Approve a Lease Agreement with the
NPBRC for a community rowing program for thirty years.
Page 44 -45
3H-3 Approve Amendment No. 2 to the Second
Restated Sports Facility Use Agreement between PBC and Jupiter Stadium, Ltd.,
St. Louis Cardinals, LLC, and Marlins Teamco LLC.
Page 45
3H-4 Standard License Agreement for Use of
County-Owned Property with Healthy Mothers/Healthy Babies Coalition of Palm
Beach County, Inc.; and with Trump International Golf Club, L.C.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 46
3H-5 Approve Work Order with Andrea Construction,
Inc. for the Main County Courthouse 4th Floor – Flooring Replacement
project.
3H-6 Approve Annual Contract with Dan Enterprises
Team LLC for general minor construction services.
Page 47
3H-7 Approve Annual Contract with Southern Star
Contractors Inc. for painting and weatherproofing services.
Page 49
3H-8 Approve Annual Contract with Allied Bean
Demolition, Inc. for demolition services.
Page 50
3H-9 Approve Annual Contract with Unitec Inc. for
low voltage services.
Page 51
3H-10 Approve six Annual Contracts with multiple
contractors for Indoor Air Quality remediation services.
Page 52
3H-11 Site Access Agreement with FDEP for 2700 6th
Avenue South, Lake Worth Beach facility; which has no fiscal impact on the
County; for as long as necessary to assess, remove, monitor and remediate the
contamination to the Property.
Page 53
3H-12 Approve an Amended and Restated Agreement with
the South Florida Fair and Palm Beach County Expositions, Inc. for the use of
the Fair’s Expo Center West building for sheltering special needs during
emergencies.
Page 54
3H-13 Approve the appointment of three to the Palm
Beach County Property Review Committee.
Page 55
3H-14 Approve a Temporary Construction Easement
Agreement in favor of Transit Village, LLC for the construction materials and
equipment during the development and construction of the Transit Village
Project.
Page 56
3H-15 Change Order No. 37 with James B. Pirtle
Construction Company, Inc. for the PBSO’s Forensic Sciences & Technology
Facility Project.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 57
3H-16 Change Order, zero-dollar value, with Kaufman
Lynn Construction, Inc. for the Canyon District Park Project.
Page 58
3H-17 Change Order with Kast Construction Company LLC
for the Supervisor of Elections Production Facility Project.
Page 59
3H-18 Approve Consultant Services Authorization with
Leo A. Daly Company for PBSO’s Headquarters Renewal/Replacement/Renovation
Project.
Page 60
3H-19 Approve a Third Amendment with NCQPCS MLPL
29-Year Sites Tower Holding LLC for the communication tower located at Fire
Station No. 15 for updates and removal of equipment.
Page 61
3H-20 Approve Ninth Amendment to Communication Tower
Joint Use Agreement with New Cingular Wireless PCS, LLC for communication tower
located at Forest Hill Blvd./Turnpike for updates and replacement of equipment.
Page 62
3H-21 Approve US Army Corps of Engineers Consent to
Easement to improve the existing boat ramp and replace the existing docks at
Bert Winters Park.
Page 63
3H-22 Ratify the Mayor’s signature on Roger Dean
Chevrolet Stadium Renovation Project; and authorize Mayor.
Page 64
3H-23 Adopt a Resolution for an extension of the
Concessionaire Lease Agreement with SW Hospitality Group LLC; and approve a
Third Amendment to retroactively extend the term.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 65
3I-1 Approve the nomination of Robin Henderson
as Chairperson of the Housing Finance Authority of Palm Beach County.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
J. PLANNING, ZONING & BUILDING
Page 65
3J-1 Approve the appointment of one member and
reappointment of one member to the Building Code Advisory Board.
Page 66
3J-2 Approve the appointment of one member and
reappointment of two members to the Construction Board of Adjustments.
K. WATER UTILITIES
Page 67
3K-1 Approve
Supplement 1 with Chen Moore and Associates, Inc. for the Torry Island Force
Main Improvements.
3K-2 Approve
an Easement Agreement granted by Cemex Construction Materials Florida, LLC to
PBC on the property located in Belle Glade.
Page 68
3K-3 Approve
Contract with Foster Marine Contractors, Inc. for the Lucerne Lakes Valves and
Valve Replacement.
Page 69
3K-4 Approve
Change Order with All Webbs Enterprises, Inc. for the Water Treatment Plants 2,
3, 8 and 9 System-Wide Wellfield Improvements Project Phase 2; and Supplement
No. 1 with JLA Geosciences, Inc. for professional services and engineering
design, etc.
Page 70
3K-5 Approve
acceptance of Agreement with South Florida Water Management District for the
Green Cay Wetlands 2 Indirect Potable Reuse Project; Authorize County
Administrator and/or designee; and Approve a Budget Amendment.
Page 71
3K-6 Approve
Supplement No. 2 with Cardinal Contractors, Inc. for the Water Treatment Plant
No. 3 Project; and Approve a Budget Transfer.
Page 72
3K-7 Four
executed Standard Potable Water and Wastewater Development Agreements with:
Haverhill Three, LLC; R-Hearthstone Lot Option Pool 03, L.P.; West Atlantic
Business Plaza IIA, LLC; and Pebb Atlantic II, LLC.
Page 73
3K-8 Approve
Contract with Wharton-Smith, Inc. for the Western Region Wastewater Treatment
Facility Operations Building Progressive Design-Building.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES (cont’d.)
Page 74
3K-9 Approve
Consultant Services Authorization with Hazen and Sawyer, P.C. for the Southern
Region SRWRF Process Improvements Detailed Design Services Project.
Page 75
3K-10 Approve
Consultant Services Authorization with C Solutions, Inc. for engineering
services during construction for Kings Point Flanders and Capri Water Main
Replacement Project.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 76
3L-1 Amendment No. 1 to FDEP Agreement for
reimbursement of the South Jupiter Feasibility Study.
3L-2 Task Assignment Change Order with FWC to
decrease funding allocation.
Page 77
3L-3 Amendment No. 1 with FWC for the Tarpon Cove
Estuarine Habitat Restoration Project.
Page 78
3L-4 Approve Contract with Lake Worth Lagoon Environmental
Defense Fund, Inc. to provide services; Adopt a Resolution for disbursement;
Approve a Budget Transfer; and Authorize County Administrator and/or designee.
Page 79
3L-5 Approve Consultant Services Authorization
with Coastal Protection Engineering LLC to provide design and permitting
services for the Ocean Ridge Shore Protection Project V.
3L-6 Approve Change Order No. 3 with Arbor Tree
& Land, Inc. to extend the contract.
M. PARKS & RECREATION
Page 80
3M-1 Approve a First Amendment to Lease Agreement
with YMCA of the Palm Beaches, Inc. for lease of real property in Lake Lytal
Park.
3M-2 Special Events Rental Agreements with
Full-A-Vybez, Inc. for the Florida Jerk Festival; and Sportera Events USA, Inc.
for the MUDGIRL Run Palm Beach.
P.
COOPERATIVE EXTENSION SERVICE
Page 81
3P-1 Accept a donation from the Friends of the
Mounts Botanical Garden, Inc. to fund the costs associated with the traveling
art exhibit sculptures, and approve a Budget Amendment.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
Q. CRIMINAL JUSTICE COMMISSION
Page 82
3Q-1 Approve appointment of one member to the
Criminal Justice Commission.
S. FIRE RESCUE
Page 82
3S-1 Authorize the Mayor to execute the
Certificate to Non-Ad Valorem Assessment Roll forms.
T. HEALTH DEPARTMENT
Page 83
3T-1 Adopt a Resolution authorizing the
Department of Health to utilize funds from the Pollution Recovery Trust Fund to
install a redundant auxiliary power source for the certified water laboratory;
and Approve a Budget Transfer.
3T-2 Adopt a Resolution adopting the FY2023/2024
budget for the Air Pollution Control Program.
U. INFORMATION SYSTEMS SERVICES
Page 84
3U-1 Approve a First Amendment to the Master
Agreement with Comcast revising some terms and conditions.
X. PUBLIC SAFETY
Page 84
3X-1 Approve First Amendment with Veterinary
Emergency Group, LLC for relief veterinary services; and increasing their
contract amount.
Page 85
3X-2 Notice of Contract Termination with Child
Protection Team of Palm Beach, Inc.; and Approve a contract with Camelot
Community Care, Inc.; to provide services for children 0-17 years of age.
Page 86
3X-3 Approve a contract with Humane Society of
Greater Jupiter/Tequesta, Inc. for spaying/neutering services.
3X-4 Approve a contract with Barky Pines Animal
Rescue & Sanctuary, Inc. for spaying/neutering services.
Page 87
3X-5 Ratify the Mayor’s signature on the Sexual
Assault Services Formula Grant Program application.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
AA. PALM TRAN
Page 88
3AA-1 Adopt a Resolution approving a Standard Grant
Agreement with FDEP; and Approve FY23 Budget Amendment.
Page 89
3AA-2 Adopt a Resolution approving the Federal
Transit Administration mandated Annual Update for the Public Transit Agency
Safety Plan for Palm Tran, Inc.
Page 90
3AA-3 Approve a one year extension to the Term of
Agreement with FDOT that provides operating assistance; and Approve the
execution and submittal of the Amendment requesting an extension.
3AA-4 Amendment for Extension of Public Transportation
Grant Agreement with FDOT to extend the term.
CC. TOURIST DEVELOPMENT COUNCIL
Page 91
3CC-1 Three fully executed Grant Agreements managed
by PBC Sports Commission, Inc. with Prospect Wire 2, LLC; Florida State Golf
Association, Inc.; and Prospect Select Baseball, Inc.
Page 92
3CC-2 Grant Agreement with PBC Sports Commission,
Inc. for the promotion of the NCAA Division I Women’s Golf Regional
Championship.
3CC-3 Grant
Agreements with PBC Sports Commission, Inc. with Spartan Race, Inc. and Foster
Events Group, LLC.
DD. OFFICE OF EQUAL BUSINESS OPPORTUNITY
Page 93
3DD-1 Approve the appointment and
reappointment of members to the Equal Business Opportunity Advisory Committee.
Page 94
3DD-2 Payment for the participation
in the 17th Annual Palm Beach Partners Business Matchmaker
Conference & Expo.
AUGUST 22, 2023
TABLE OF CONTENTS
CONSENT AGENDA
EE. SHERIFF
Page 94
3EE-1 Accept a Memorandum of
Agreement with the City of Miami for the UASI Grant, and Approve a Budget
Amendment.
Page 95
3EE-2 Accept a contract with State
of Florida Department of Children and Families for a STOP VAWA Formula Grant
Program; and Approve a Budget Amendment.
Page 96
3EE-3 FDLE Quarterly Disbursements and Approve a
Budget Amendment.
3EE-4 Accept a Letter of Donation from the Palm Beach
County Police Athletic League, Inc.; and Approve a Budget Amendment.
Page 97
3EE-5 Modification #3 to the FY21
UASI Memorandum of Agreement with the City of Miami to extend the grant period.
Page 98 - 99
3EE-6 Approve a Budget Transfer from the Law
Enforcement Trust Fund.
FF. WESTGATE/BELVEDERE HOMES CRA
Page 100
3FF-1 Approve nomination for two
members for Westgate/Belvedere Homes Community Redevelopment Agency Board
Officers.
3FF-2 Approve the appointment of two members to the Westgate/CRA
Board.
SPECIAL PRESENTATIONS
Page 101
4A Florida Water Professional Month
4B National Council on Compensation
Insurance 100th Anniversary
4C LIHEAP Awareness Month
4D Sophia Wisdom Day
4E Palm Beach Partners Business Matchmaker
Conference
4F Together for Sharon Month
AUGUST 22, 2023
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING & PUBLIC WORKS
Page 102
5A-1 Adopt an Ordinance amending the Five Year
Road Program.
B. COUNTY ATTORNEY
Page 103
5B-1 Permission to advertise and reading to
repeal Ordinance related to Notice
of Termination of Residential Tenancies and Rental Payment Increase Ordinance.
C. PALM TRAN
Page 104 - 105
5C-1 Approve the Program of Projects and Grant
Application from FTA; Approve the filing of standard form for Disclosure of
Lobbying Activities; Approve Authorization of County Administrator and/or
designee; Approve Budget Transfers and Approve an upward Budget Amendment.
REGULAR AGENDA
A. ENGINEERING & PUBLIC WORKS
Page 106
6A-1 Approve the Irrevocable Letter of Direction
with Municipal Contractors, Inc. for several projects.
B. LIBRARY
Page 107
6B-1 Approve PBC Library’s FY2024-FY2028
Strategic Plan and FY2024 Action Plan.
C. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 108
6C-1 Approve the negotiated settlement for the
full satisfaction of two code enforcement liens entered on Top Cut Lawn
Services North, LLC.
D. HOUSING AND
ECONOMIC DEVELOPMENT
Page 109
6D-1 Approve HOME Investment Partnerships Program;
Direct staff on Loan Agreement; and Authorize County Administrator and/or
designee.
Page 110
6D-2 Approve a waiver of statutory requirement on
public hearings on parcels in the Brownfield Area; and Approve advertising of
public hearings to consider designation of the Brownfield Area.
AUGUST 22, 2023
TABLE OF CONTENTS
REGULAR AGENDA
E. ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 111 - 112
6E-1 Adopt a Resolution to establish procedures
for separation, distribution, and responsibility of collecting fees for the
Pollution Recovery Trust Fund; and Approve a Budget Transfer.
F.
OFFICE OF RESILIENCE
Page 113 - 114
6F-1 Adopt a Resolution to approve the grant
application for Prosperity Farms Road Bridge Project; County Club Acres
Subdivision Drainage Improvement Project; Englewood Estates/Manor Subdivision
Drainage Improvement Project; Australian Avenue Project; and Ocean Inlet Park
Resiliency Improvements.
G.
COMMUNITY SERVICES
Page 114
6G-1 Adopt a Resolution creating the Palm Beach
County Veteran Services Advisory Board.
F.
FACILITIES DEVELOPMENT & OPERATIONS
Page 115
6H-1 Adopt a Resolution authorizing an extension
of Lease Agreement with Pero Family Farms, LLC for McMurrain parcel, and
Approve First Amendment.
Page 116
6H-2 Adopt a Resolution authorizing an extension
of Lease Agreement with Pero Family Farms, LLC for York parcel, and Approve
First Amendment.
Page 117
6H-3 Approve a Budget Transfer; a Budget
Amendment; an Agreement for Purchase and Sale with Leonidas Alfaro for three
parcels and Approve Memorandum of Agreement.
Page 118
6H-4 Adopt
a Resolution authorizing one year Lease Agreement with the City of West Palm
Beach for parking spaces on County-owned property; and Approve Lease Agreement
with the City of West Palm Beach.
Page 119
6H-5 Adopt
a Resolution authorizing the conveyance of a vacant County-owned property to
the Lake Worth Beach Community Redevelopment Agency; and Approve County Deed.
Page 120 - 121
6H-6 Approve
a Budget Transfer and a Budget Amendment related to the SOE Warehouse facility.
AUGUST 22, 2023
TABLE OF CONTENTS
REGULAR AGENDA
F. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 122
6H-7 Request
to deny approval of the Revival of the Declaration of Protective Covenants,
Restrictions, Reservations, Servitudes and Easements affecting County-owned
real property at 13515 Caloosa Blvd.
Page 123 - 125
6H-8 Approve
a Budget Transfer for PBSO Substation and Marine Unit Project; General Fund
Contingency Reserves; a Budget Amendment for PBSO Substation and Marine Unit
Project.
Page 126
6H-9 Approve
a revised County Deed in favor of Transit Village, LLC.
Page 127
6H-10 Approve
6± acre property declaring as surplus, and Authorize staff to request for
proposals to dispose of the property for development of affordable and/or
workforce housing.
I. WESTGATE/BELVEDERE HOMES
CRA
Page 128
6I-1 Adopt
a Resolution approving Westgate/Belvedere Homes Community Redevelopment
Agency’s Fiscal Year 2024 Budget.
J. AIRPORTS
Page 128 - 129
6J-1 Approve
a Development Site Lease Agreement with PopStroke West Palm Beach, LLC for the
development of an indoor/outdoor golf-related entertainment and dining
facility; and Authorize Director or designee.
BOARD
APPOINTMENTS (Page 130)
STAFF COMMENTS (Page 131)
COMMISSIONER COMMENTS (Page 132)
ADJOURNMENT (Page 133)
AUGUST 22, 2023
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting Type
March 23, 2023 Zoning
March 28, 2023 Workshop
April 04, 2023 Regular
April 18, 2023 Regular
April 25, 2023 Workshop
April 27, 2023 Zoning
May 2, 2023 Regular
May 03, 2023 Comp
Plan
May 16, 2023 Regular
May 23, 2023 Workshop
May 25, 2023 Zoning
June 6, 2023 Regular
June 13, 2023 Regular
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department; Facilities
Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during June 2023. Countywide
5. Staff
recommends motion to approve: LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS,
DISCOUNTS, AND VALUE ADJUSTMENT BOARD REDUCTIONS ON THE 2022 ASSESSMENT ROLL. Summary: Section 197.492, F.S.,
requires that on or before the 60th day after the tax certificate sale, the Tax
Collector shall make out a report to the Board of County Commissioners,
separately showing the discounts, errors, double assessments, and insolvencies
for which credit is to be given, including in every case except discounts, the names
of the parties on whose account the credit is to be allowed. Countywide
(DB)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (cont’d.)
6. Staff recommends motion
to receive and file: four (4) of Palm Beach County’s annual financial
reports for the fiscal year ended September 30, 2022:
A)
The Palm Beach
County Annual Comprehensive Financial Report (ACFR);
B)
The Palm Beach
County Popular Annual Financial Report (PAFR);
C)
The Palm Beach
County Annual Financial Report (AFR); and
D)
The Palm Beach
County Annual Financial Audit Report (AFAR).
Summary: The Annual
Comprehensive Financial Report (ACFR) is prepared in accordance with Section
218.32 and 218.39, Florida Statutes. This report is required and is filed with
the Government Finance Officers Association (GFOA) annually. The Popular Annual
Financial Report (PAFR) is a condensed version of the ACFR. This report is
optional and is filed with GFOA annually. The Units of Local Government Report
is the Annual Financial Report (AFR) which serves to generate input to the
State. The Annual Financial Audit Report (AFAR) is a special annual financial
report defined in Chapter 10.550 of the rules of the Auditor General. This
report is required to be filed annually with the Auditor General in compliance
with Section 11.45 Florida Statutes and includes the Single Audit Report. Countywide
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) Work Order 2021050-47 in the amount of
$521,000 to mill and resurface Browns Farm Road from 7.8 miles southeast of CR 880
to 10.8 miles southeast of CR 880 utilizing Palm Beach County’s (County) annual
asphalt milling and resurfacing contract R2021-0984 (Contract) with Ranger
Construction Industries, Inc. (Ranger); and
B) Work
Order 2021050-48 in the amount of $752,000 to mill and resurface CR 880 from
Gladeview Road east for 3 miles utilizing the County’s Contract with Ranger.
SUMMARY: Per County PPM CW-F-050, these work orders
exceed the $200,000 threshold for staff approvals of work orders to annual
contracts, thus requiring approval from the Board of County Commissioners
(BCC). Approval of these work orders will allow the contractual services
necessary to construct the improvements. Prior to this meeting date,
approximately $14 million of Ranger’s $50 million Contract that was approved on
August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one
of three contracts with an available cumulative total of $50 million for the
annual asphalt milling and resurfacing program. The Affirmative Procurement
Initiative selected for this Contract on September 16, 2020 by the Goal Setting
Committee is a 15% minimum mandatory Small Business Enterprise (SBE)
participation. Ranger agreed to 15% SBE participation for the Contract and an
average of 13.5% for these work orders. Their cumulative SBE participation,
including these work orders is 13%. These
projects are included in the infrastructure sales tax. District 6
(YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve: Work
Order EN053023*214 for a cost not to exceed $371,977.92 to the annual traffic
signal contract dated August 23, 2022 (R2022-0791) with Gerelco Traffic
Controls, Inc. (Gerelco) to construct a mast arm traffic signal at the
intersection of Lantern Drive / 47th Place and Lyons Road, County
Intersection ID Number 39795 (Project). SUMMARY: Approval of this Work Order will allow
Gerelco to construct the Project. Staff conducted a signal warrant analysis at
this location in August of 2021 and determined that the intersection met the
required minimum warrants for traffic signal installation. Per County PPM
CW-F-050, this work order exceeds the threshold relating to staff approvals of
work orders to annual contracts, thus requiring approval from the Board of
County Commissioners (BCC). Prior to this work order, $2,009,069.07 of
Gerelco’s $5,000,000 contract has been spent or encumbered. Gerelco has an
office located in Palm Beach County (County). On January 20, 2022, the Office
of Equal Business Opportunity granted a waiver of the Affirmative Procurement
Initiative based upon the determination that sufficient qualified
Small/Minority/Women Business Enterprises providing the goods or services
required by the contract are unavailable in the County to perform the
specialized construction of traffic signals. On August 23, 2022, the BCC
approved the annual traffic signal contract with Gerelco to provide for and
install various signal components for traffic control devices. District 6
(YBH)
3. Staff recommends
motion to adopt: two
Resolutions declaring the acquisition of fee simple right-of-way designated as
Parcel 106 and temporary construction easements designated as Parcels 306A,
306B, and 308 necessary for the construction of roadway improvements to extend
Congress Avenue from Northlake Boulevard to Alternate A1A (Project). SUMMARY: Adoption of these Resolutions
will initiate eminent domain proceedings pursuant to Chapters 73, 74,
127, and Section 337.27, Florida
Statutes, as amended, against
four parcels having a total appraised value of $170,500. The parcels are
necessary to construct a new typical three lane roadway with shoulders, curb
and gutter, sidewalks, a roundabout, and drainage for the Project. The property
owners have not accepted the offers to
purchase made by Palm Beach County and attempts to negotiate the purchases have
been unsuccessful. Eminent domain proceedings are necessary to acquire the
parcels at this time in order to expedite construction of the Project. This
Project is included in the Five Year Road Program. District 1 (DO)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
4. Staff recommends
motion to adopt: a
Resolution declaring the acquisition of fee simple right-of-way designated as
Parcel 103 and a temporary construction easement designated as Parcel 303
necessary for the construction of roadway improvements on Old Dixie Highway
from Yamato Road to south of Linton Boulevard (Project). SUMMARY: Adoption of this Resolution will
initiate eminent domain proceedings pursuant to Chapters 73, 74, 127,
and Section 337.27, Florida Statutes,
as amended, against two parcels having
a total appraised value of $299,807. The parcels are necessary for the
Project that will include the addition of curb and gutter, sidewalks,
additional drainage, bridge replacement and traffic signals. The property owner
has not accepted the offer to purchase
made by Palm Beach County and attempts to negotiate the purchase have been
unsuccessful. Eminent domain proceedings are necessary to acquire the parcels
at this time in order to expedite construction of the Project. This Project
is included in the Five Year Road Program. District 4 (DO)
5. Staff recommends
motion to approve: the Sovereignty Submerged Lands Easement
Renewal (Easement Renewal) from the Trustees of the Internal Improvement Trust
Fund (TIITF) of the State of Florida to Palm Beach County (County) for
submerged lands under the East Ocean Avenue Bridge over the Lake Worth Lagoon
(East Bridge). SUMMARY:
Approval of this Easement Renewal from TIITF will extend the use of the
0.0577 acre of sovereignty submerged lands, located beneath the east bridge for
a period of 50 years. In 1990, the County made improvements to East Ocean
Avenue, which included the widening of the east bridge over the Lake
Worth Lagoon. Construction of this
widening required an easement from TIITF. The previous easement with TIITF was
approved by the Board of County Commissioners (BCC) on July 31, 1990, was
recorded in Official Records Book 6649, page 394, and expired on October 10,
2018. TIITF recently brought this Easement Renewal to our attention. The
Easement Renewal contains a liability provision that deviates from what is
approved in PPM CW-F-049, pursuant to which, Risk Management and the County
Attorney’s Office have reviewed the provision and advised Engineering and
Public Works (EPW) of the associated risks. The new provision includes
liabilities that accrue to the subject parcel for improvements, assessments or
taxes. Due to the business needs and benefits to be derived from the Easement
Renewal, Risk Management and the County Attorney’s Office have agreed to allow
EPW to move the Easement Renewal forward for BCC approval. District 4
(YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
6. Staff recommends
motion to approve:
A) the Engineering Services and Grant Support
Professional Continuing Services Contract with Kimley-Horn and Associates, Inc. (KHA) to be in effect for 36
months from the date of approval by the Board of County Commissioners (BCC);
B) the Engineering Services and Grant Support Professional
Continuing Services Contract
with CORE Engineering Group, LLC (CEG) to be in effect for 36 months from the
date of approval by the BCC; and
C) the Engineering Services and Grant Support
Professional Continuing Services Contract with Calvin, Giordano & Associates, Inc. (CGA) to be in effect for
36 months from the date of approval by the BCC.
SUMMARY: Approval of these contracts will provide the professional services
necessary for preliminary engineering, grant research and writing throughout Palm
Beach County (County) on a consultant services authorization basis. The
contract period for these contracts is 36 months from the date of approval by
the BCC. On June 15, 2022, the Goal Setting Committee applied
Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and a
Minority Business Enterprise evaluation preference for African American owned
firms. KHA agreed to 32% SBE participation for the contract. CEG agreed to 80%
SBE participation for the contract. CGA agreed to 20% SBE participation for the
contract. On January 18, 2023,
the Consultant’s Competitive Negotiations Act Selection Committee selected KHA,
CEG and CGA and, in accordance with PPM No. CW-O-048, the BCC was notified of
the selection on January 20, 2023. KHA, CEG and CGA have offices located in the
County and CEG is a certified SBE company. Countywide (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
7. Staff recommends
motion to approve: Work
Order 2021050-57 in the amount of $271,000 to mill and resurface Flavor Pict
Road from Hagen Ranch Road to Jog Road utilizing Palm Beach County’s (County)
annual asphalt milling and resurfacing contract R2021-0984 (Contract) with
Ranger Construction Industries, Inc. (Ranger).
SUMMARY: Per County PPM
CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of
work orders to annual contracts, thus requiring approval from the Board of
County Commissioners (BCC). Approval of this work order will allow the
contractual services necessary to construct the improvements. Prior to this
meeting date, approximately $16 million of Ranger’s $50 million Contract that
was approved on August 17, 2021, by the BCC, has been spent or encumbered. This
Contract is one of three contracts with an available cumulative total of $50
million for the annual asphalt milling and resurfacing program. The Affirmative
Procurement Initiative selected for this Contract on September 16, 2020 by the
Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise
(SBE) participation. Ranger agreed to 15% SBE participation for the Contract
and 13.98% SBE for this work order. Their cumulative SBE participation,
including this work order is 13%. District 5 (YBH)
8. Staff recommends
motion to approve: a
Consultant Service Authorization (CSA) No. 5 to the Civil Engineering Annual
Services Contract (R2022-0464) dated May 17, 2022 (Contract) with Mock,
Roos & Associates, Inc. (MRA) in the amount of $143,599.14 for the Seminole Colony Drainage Canal
Replacement (Project). SUMMARY: Approval of this CSA will provide the civil engineering professional services necessary to
design the construction plans for the piping improvements to the
Seminole Colony drainage canal, which is maintained by Palm Beach County
(County). The canal is currently prone to overflowing its banks due to its
deteriorating condition. The Contract was presented to the Goal Setting
Committee (GSC) on June 16, 2021. The GSC applied Affirmative Procurement
Initiatives of a 20% minimum mandatory
Small Business Enterprise (SBE) participation and a Minority Business
Enterprise evaluation preference for African American owned firms. MRA agreed
to 27% SBE participation for the Contract. They agreed to 23.2% SBE
participation for this CSA. MRA has an office located in the County. District
7 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
9. Staff recommends
motion to approve: Work
Order 2021050-56 in the amount of $295,000 to mill and resurface Boca Rio Road
from SW 18th Street to Palmetto Park Road utilizing Palm Beach
County’s (County) annual asphalt milling and resurfacing contract R2021-0984
(Contract) with Ranger Construction Industries, Inc. (Ranger). SUMMARY: Per County PPM CW-F-050, this work order
exceeds the $200,000 threshold for staff approvals of work orders to annual
contracts, thus requiring approval from the Board of County Commissioners
(BCC). Approval of this work order will allow the contractual services
necessary to construct the improvements. Prior to this meeting date,
approximately $16 million of Ranger’s $50 million Contract that was approved on
August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one
of three contracts with an available cumulative total of $50 million for the
annual asphalt milling and resurfacing program. The Affirmative Procurement
Initiative selected for this Contract on September 16, 2020 by the Goal Setting
Committee is a 15% minimum mandatory Small Business Enterprise (SBE)
participation. Ranger agreed to 15% SBE participation for the Contract and
13.77% SBE for this work order. Their cumulative SBE participation, including
this work order is 13%. This project is
included in the infrastructure sales tax. District 5 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
10. Staff recommends
motion to:
A) approve
a contract with Rosso Site Development, Inc. (RSD) in the amount of
$1,747,759.49 with a contract time of 240 calendar days for the construction of
Seminole Boulevard from Oswego Avenue to Okeechobee Boulevard, Multi-Use Trail
and Pedestrian Lighting (Project); and
B) approve a Budget Amendment of $429,193 in the Capital Outlay Fund
to recognize the reimbursement funding from Westgate Belvedere Homes Community
Redevelopment Agency (CRA) and appropriate them to the Project.
SUMMARY: Approval of
this contract will authorize the construction services necessary to install
multi-use trails and pedestrian lighting for the Project. Because this Project is funded by a Federal
grant (R2022-0916) through the Florida Department of Transportation (FDOT)
Local Agency Program (LAP), the Equal Business Opportunity Ordinance is not
applicable. FDOT requested that Palm Beach County (County), a certified LAP
agency, enter into the LAP grant agreement on behalf of the CRA, and the CRA
and the County entered into an Interlocal Agreement (R2021-0467), whereby the
CRA agreed to be responsible for all costs above the grant amount and
maintenance of the improvements after the Project is complete. The Catalog of
Federal Domestic Assistance number for R2022-0916 is 20.205 Highway Planning
and Construction. Bids for the contract were received by the Engineering
Department on May 16, 2023. Approval of the Budget Amendment will recognize the
reimbursement funding from the CRA and LAP grant. RSD was the lowest responsive
bidder of three bidders. The contract time
for the Project is 240 calendar days. RSD has an office located in the
County. District 7 (YBH)
11. Staff recommends
motion to adopt: two Resolutions declaring the acquisition of
fee simple rights-of-way designated as Parcels 104 and 110 necessary for the
construction of sidewalk improvements for the Canal Point KE Cunningham
Elementary School (Project). SUMMARY:
Adoption of these Resolutions will initiate eminent domain proceedings
pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes, as amended, against two parcels having a total appraised
value of $5,500. The parcels are necessary for the construction of five
foot sidewalk tie-ins for the safe commute of students from their residences to
the school, and to improve the overall safety for pedestrians. The property
owners have not accepted the offers to
purchase made by Palm Beach County and attempts to negotiate the purchases have
been unsuccessful. Eminent domain proceedings are necessary to acquire the
parcels at this time in order to expedite construction of the Project. This
Project is included in the Five Year Road Program. District 6 (DO)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
12. Staff recommends
motion to approve:
A) Consultant Service Authorization (CSA) No. 4
to the Construction Engineering Inspection (CEI) Annual Services Contract (R2021-0883)
dated July 13, 2021 (Contract)
with BCC Engineering, LLC (BCCE) for in the amount of $252,516.75 for Seminole Boulevard from Oswego Avenue to
Okeechobee Boulevard (Project); and
B) a Budget Amendment of $362,517 in the Capital
Outlay Fund to recognize reimbursement funding from Westgate Belvedere Homes
Community Redevelopment Agency (Westgate CRA) and appropriate it to the
Project.
SUMMARY: Approval of this CSA and Budget Amendment will provide the professional services
necessary to provide CEI for the Project. The Contract was presented to
the Goal Setting Committee (GSC) on November 6, 2019. The GSC applied
Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and
an SBE evaluation preference. BCCE agreed to 30% SBE participation for the
Contract. They agreed to 32.66% SBE participation for this CSA. Districts
2 &7 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
13. Staff recommends
motion to:
A)
adopt
a Resolution to approve the standard grant agreement (Agreement) with the State
of Florida Department of Environmental Protection (FDEP) for the Australian
Avenue Drainage Improvements from Banyan Boulevard to 45th Street
(Project);
B) approve the Agreement with FDEP that
provides a federally funded grant (Grant) in the amount of $13,357,119 for the
Project commencing upon execution of the Agreement by FDEP with an expiration
date of September 30, 2026;
C) approve
the FDEP Build America, Buy America Act and Davis Bacon Act Acknowledgement
regarding requirements for materials used in infrastructure projects, funded by
federal funds, that are to be produced and manufactured in the United States;
and certification requirements for wages and labor agreements when the
project’s total cost is over $10 million;
D) approve
the American Rescue Plan Act’s Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) Reporting Requirements Form which provides details to FDEP of how
Palm Beach County (County) will comply with certain federal requirements of the
Grant;
E) adopt
a Resolution to delegate to the County Administrator, or designee, the
signatory authority on all future forms, certifications, contracts/agreements,
amendments, and any other documents necessary for the implementation of the
Grant, which documents do not substantially change the scope of work, terms, or
conditions of the Grant or the Agreement; and
F) approve
a Budget Amendment of $13,357,119 in the Transportation Improvement Fund to
recognize the Grant funding from FDEP and appropriate it to the Project.
SUMMARY: Approval of this Agreement, its associated
forms, delegation of authority and Budget Amendment will allow the County to
receive Grant funding of $13,357,119 for the Project with an estimated
construction cost of $31,063,068. FDEP has allotted funding in the Resilient
Florida Grant Program to address the impacts of flooding and sea level rise
through adaptation and mitigation projects. The Project will install a new
closed drainage system and outfalls to alleviate flooding, replace and/or widen
bridges, and reconstruct the roadway. The
local match is $17,705,949 which is 57% of the estimated Project cost. The
Catalog of Federal Domestic Assistance (CFDA) number for this Grant is 21.027
SLRFP0125. This Project is included in the Five Year Road Program and
partially funded by the infrastructure sales tax. District 7 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
14. Staff recommends
motion to approve: Change Order No. 4 in the amount of
$765,272 and for a time extension of 90 days to the contract dated September 1,
2020 (R2020-1251) (Contract) with MJC Land Development (MJC) for Lyons Road
from south of the Lake Worth Drainage District (LWDD) L-38 Canal to West
Atlantic Avenue (Project). SUMMARY: Per PPM CW-F-050, the total of this Change
Order exceeds the threshold of $100,000 and allowable time extensions relating
to staff approvals for change orders to contracts and requires approval from
the Board of County Commissioners (BCC).
Approval of Change Order No. 4 will provide a safe and functional
connection to the existing pavement by extending the physical limits of the
Project by 500 feet beyond its original southern limit at the L-38 Canal. This
will make the Project functionally operational in accordance with the intent of
the original contract. Plans were revised during construction to reflect the
as-built condition of permitted work done on Lyons Road by a private developer
to the south of the Project, between the LWDD L-39 and L-38 Canals. New and
revised pay items and quantities are necessary to complete the ultimate
connection to the new bridge over the L-38 Canal. The Contract was approved on
September 1, 2020, for the amount of $9,823,244.20. The Contract’s total value including this
Change Order and previous change orders is $10,626,874.41. The Affirmative
Procurement Initiative selected for this contract on March 4, 2020 by the Goal
Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation. MJC committed to 20.61%
SBE participation for this contract.
Their estimated SBE participation for Change Order No. 4 is 8.5%. Their cumulative SBE participation for this
contract, including this Change Order, is 16.5%. MJC expects to meet their SBE participation
toward the end of the Project. District 5 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to ratify: the
signature of the Mayor on FY 2022 Audit Compliance Certification form, as
required by the Florida Department of Commerce (FDOC),
formerly known as the Florida Department of Economic Opportunity (FDEO), to certify that the Palm Beach
County Community Services Department complied with all applicable single or
project specific audit requirements of Section 215.97, Florida Statutes, the applicable rules of the Department
of Financial Services and the Auditor General. Summary: The Audit
Compliance Certification form signed by the Mayor allows the Community Action
Program (CAP) to continue to receive Community Services Block Grant (CSBG),
Low-Income Home Energy Assistance Program (LIHEAP), and Low-Income Household
Water Assistance Program (LIHWAP) funding. In FY 2022, CSBG funding provided
employment skills training, job placement services, resume training, financial
management training and case management services to 312 individuals and 159
families. In FY 2022, LIHEAP funding was used to continue providing electric
utility bill assistance to 7,783 low-income households residing in Palm Beach
County. In FY 2022, LIHWAP has provided water
utility assistance funding to 1,494 low-income households residing in Palm
Beach County. The emergency signature process was utilized because there was
not sufficient time to submit the certification form through the regular Board
of County Commissioner’s agenda process. No
County funds are required. (Division of Human Services
and Community Action) Countywide (HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2.
Staff recommends
motion to approve: Amendments to Subrecipient Agreements for Ryan White
Program HIV/AIDS Part A (RWHAP) for Health Support Services with the below
listed agencies, for the period March 1, 2023 through February 29, 2024, to
continue improving health outcomes for people living with HIV/AIDS:
A) Amendment No.
1 to Subrecipient Agreement for RWHAP for Health Support Services with
FoundCare, Inc. (R2021-1009), to increase the agreement by $136,173, for a new
Grant Year (GY) 2023 amount not-to-exceed $3,023,581, for a new 3-year
agreement amount totaling $8,729,319, for core medical and support services;
B) Amendment No.
1 to Subrecipient Agreement for RWHAP for Health Support Services with AIDS
Healthcare Foundation, Inc. (R2021-0788), to decrease the agreement by $63,663,
for a new GY 2023 amount not-to-exceed $419,782, for a new 3-year agreement
amount totaling $1,386,672, for core medical and support services;
C) Amendment No.
1 to Subrecipient Agreement for RWHAP for Health Support Services with Monarch
Health Services, Inc. (R2021-0311), to increase the agreement by $20,000, for a
new GY 2023 amount not-to-exceed $81,347, for a new 3-year agreement amount
totaling $204,041, for core medical and support services;
D) Amendment No.
2 to Subrecipient Agreement for RWHAP for Health Support Services with Compass,
Inc. (R2021-0307), to decrease the agreement by $51,039, for a new GY
2023 amount not-to-exceed $1,352,345, for a new 3-year agreement amount
totaling $3,994,837, for core medical and support services;
E) Amendment
No.2 to Subrecipient Agreement for RWHAP for Health Support Services with
Treasure Coast Health Council, Inc. (R2021-0309), to decrease the agreement by
$37,941, for a new GY 2023 amount not–to-exceed $1,238,520, for a new 3-year
agreement amount totaling $3,497,673, for core medical and support services;
and
F) Amendment
No.3 to Subrecipient Agreement for RWHAP for Health Support Services with The
Poverello Center, Inc. (R2021-0312), to increase the agreement by $90,000, for
a new GY 2023 amount not-to-exceed $195,428, for a new 3-year agreement amount
totaling $351,094, for core medical and support services.
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
2. Summary: On December 7, 2021, the Board of County Commissioners (BCC) ratified
the Mayor’s signature on the Ryan White Part A HIV Emergency Relief Grant
Program application (R2021-1778).These amendments are needed to allocate funds,
as well as reallocating funds that were swept from agencies that were unable to
spend them in the designated categories. Damion Baker, CEO of Monarch Health
Services, Inc., Lilia Perez and Rosaline Jocurin, employees of FoundCare, Inc.,
Ashnika Ali, employee of Treasure Coast Health Council, Inc., Kristen
Harrington, employee of AIDS Healthcare Foundation, Inc. and Lysette Perez, employee of Compass, Inc.,
are members of the Palm Beach County HIV CARE Council (HIV CARE Council). The
HIV CARE Council provides no regulation, oversight, management, or
policy-setting recommendation regarding the agency contracts listed above.
Disclosure of these contractual relationships at a duly noticed public meeting
is being provided in accordance with the provisions of Section 2-443, of the
Palm Beach County Code of Ethics. These amendments allow the agencies to
continue improving health outcomes for people living with HIV/AIDS. Under this
grant, the program will serve approximately 3,600 clients. In GY 2022, 3,100
clients were served. No County match is required. (Ryan White Program) Countywide
(HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3. Staff recommends
motion to approve: the appointments of four (4) new members and the
reappointment of one (1) current member to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Act Council (HIV CARE Council),
effective August 22, 2023:
|
Seat 7 8 9 14 Seat 3 |
Appointment Sandra Anderson Denise Grigoriou Dominique Lane Brittany Henry Reappointment Damion Baker |
Recommended
By HIV CARE Council HIV CARE Council HIV CARE Council HIV CARE Council Recommended
By HIV CARE Council |
Term
Expires 05/16/2025 05/16/2025 05/16/2025 02/07/2025 Term
Expires 08/21/2026 |
Summary: The U.S. Department of Health and Human Services, Health Resources and
Services Administration (HRSA) requires Palm Beach County to maintain a
planning council tasked with establishing priorities and allocations for the
Ryan White HIV/AIDS Program grant funding that the County receives. The Palm
Beach County HIV CARE Council is the County’s planning council. Federal law requires that the planning
council “shall reflect in its composition the demographics of the population of
individuals with HIV/AIDS in the eligible area….” At least 33% of planning
council members must be consumers of Ryan White services who are unaffiliated
with subrecipient service providers. The law also requires that members of the
planning council represent designated categories including: health care
providers; social service providers; community-based organizations; local public
health agencies; non-elected community leaders; and grantees of Federal HIV
programs. The Palm Beach County HIV CARE Council nomination process is an open
process. Per Resolution No. R2018-0015, the total membership for the HIV CARE
Council shall be no more than 33 at-large members. The nominees have
successfully completed the nomination process and the HIV CARE Council
recommends the appointments. Mr. Baker is an employee of Monarch Health
Services, Inc. and Ms. Henry is an employee of FoundCare, Inc. Both agencies
contract with the County for services; however, the HIV CARE Council provides
no regulation, oversight, management, or policy setting recommendations
regarding the subject contracts or transactions. Disclosure of these
contractual relationships at a duly noticed public meeting is being provided in
accordance with the provisions of Section 2-443 of the Palm Beach County Code
of Ethics. The diversity count for the 16 seats that are currently filled is
African-American: 6 (38%), Caucasian: 6 (38%), Hispanic-American: 3 (18%) and
Asian-American: 1 (6%). The gender ratio (female: male) is 8:8. Ms. Grigoriou
is Hispanic-American. Ms. Anderson, Ms. Lane, Ms. Henry and Mr. Baker are
African-American. Staff conducts targeted outreach in an effort to proffer
candidates for appointments who meet HRSA’s requirements. (Ryan White Program) Countywide (HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
4. Staff recommends
motion to approve: Contract
for Provision of Services with Feeding South Florida, Inc. (FSF), for the
period July 1, 2023 through September 30, 2024, in an amount not-to-exceed
$1,236,816, to provide prepared meals and grocery boxes to seniors age 60 and
older. Summary:
FSF is a new agency that has the space and resources to provide prepared meals and grocery boxes to
seniors residing in Palm Beach County. Funding is provided by the American
Rescue Plan Act (ARPA) with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA). Grocery boxes are
a new service targeting seniors who can prepare meals. Services are provided to
eligible Palm Beach County seniors age 60 and older and their caregivers to
provide in-home and community-based services. Under this contract,
approximately 600 seniors will receive four (4) meals per week. The areas of
service include all of the districts, excluding Districts 2, 4, 5 and 7 south
of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing
services in the areas south of Hypoluxo Road. (DSVS) Countywide except for
portions of Districts 2, 4, 5, and 7 south of Hypoluxo Road. (HH)
5. Staff recommends
motion to approve: an Interlocal Agreement with Florida Atlantic
University (FAU) Board of Trustees, for the period February 1, 2023 through
September 30, 2024, in an amount not-to-exceed $131,675, of which $53,545 is
budgeted for FY 2023 with an anticipated allocation of $78,130 in FY 2024,
contingent upon a budgetary appropriation by the Board of County Commissioners
(BCC) for the term of this agreement, for the provision of process and outcomes
evaluation research services to Palm Beach County residents with substance use
disorders. SUMMARY: An Interlocal Agreement with FAU is necessary to develop research to
establish process and outcomes evaluations for the Palm Beach Behavioral
Health, Substance Use and Co-Occurring Disorders Strategic Plan Update (Plan
Update). Additionally, FAU’s research team will utilize qualitative and
quantitative evidence from the Comprehensive Opioid, Stimulants, and Substance
Use Program (COSSUP) to inform best practices related to Recovery Community
Organizations/Recovery Community Centers (RCO/RCC). On May 2, 2023, the BCC
approved an expansion from two (2) RCO/RCCs to four (4), located strategically
where the needs are the greatest across Palm Beach County. The FAU research
team will examine long-term recovery outcomes by evaluating participants outcomes
based on levels of engagement with RCO/RCCs and assess the efficacy of
educational programs, differences in geographical locations and quality of
services at each of the RCO/RCCs and how these factors impact and affect
long-term recovery. (Community Services) Countywide (HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
6.
Staff recommends
motion to approve: Subrecipient Agreement with Rebel Recovery Florida,
Inc.(RRF), for the two-year (2) period March 1, 2023 through February 28, 2025,
in an amount not-to-exceed $200,000, of which $100,000 is budgeted in Grant
Year (GY) 2023 with an anticipated annual allocation of $100,000 in GY 2024, contingent
upon a budgetary appropriation by the Board of County Commissioners (BCC)
subject to funding approval by the U.S. Department of Health and Human Services
(HHS), for the Ending the HIV Epidemic (EHE): A Plan for America federal grant
program focused on reducing new HIV infection in the United States by 90% by
2030. Summary: On December 17, 2019, the BCC
ratified the Mayor’s signature on the EHE: A Plan for America Grant application
(R2019-1875). On March 3, 2023,
the HHS issued a final Notice of Award
for EHE: A Plan for America Grant
in the amount of $1,744,154, for a full award amount of $5,738,461. The
grant focuses on reducing HIV infection by 90% in the United States by the year
2030 by providing Harm Reduction Intervention Services (HRIS). RRF is a new
agency that will provide HRIS to people living with both HIV and co-occurring
substance use disorders. These services are to be provided in conjunction with
an established community based Syringe Services Program (SSP) and will cover a
range of client-centered activities focused on identifying and linking them to
care and treatment. This agreement will serve approximately 30 clients in the
HRIS category. Nancy McConnell, CEO of Rebel Recovery Florida, Inc., is a
member of the Palm Beach County HIV Care Council
(HIV CARE Council). The HIV CARE
Council provides no regulation, oversight, management, or policy-setting
recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed
public meeting is being provided
in accordance with the provision of Section 2-443, of the Palm Beach County Code of Ethics.
These are
federal grant funds, no County match is required. (Ryan White Program) Countywide
(HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Access Agreement with Popstroke Holdings LLC
(Popstroke), commencing May 15, 2023, and expiring August 31, 2023, providing
Popstroke access to lease parcel N-11-R, located near the southwest corner of
Australian Avenue at Belvedere Road, at the Palm Beach International Airport
(PBI) to conduct due-diligence inspections, without charge. Summary: On March 1, 2023, the Department issued
Request for Proposals (RFP) No. PB 23-7 for the lease and development of
approximately 3.37 acres of vacant, non-aeronautical land at PBI for hotel or
entertainment/dining purposes. On April 26, 2023, the selection committee
unanimously recommended award of the Development Site Lease Agreement (Lease)
to PopStroke. The Access Agreement
enables Popstroke to begin due diligence inspections pending Board
consideration of the Lease. Delegation
of authority for execution of the standard-form access agreement was approved
under R2006-2716. Countywide (AH)
2. Staff recommends
motion to receive and file: Registration for Distribution of Literature or
Picketing (Registration) at the Palm Beach International Airport (PBI) issued
to South Florida Public Witnessing, Inc. (SFPW), authorizing its members to
distribute literature at PBI, effective July 2, 2023, and expiring June 30,
2024, at no cost. Summary: The Registration authorizes designated
members of SFPW to distribute literature at PBI, in locations designated by the
Department of Airports, in accordance with the Airport Rules and Regulations
(R98-220 as amended). A sample of the
literature to be distributed is attached to the Registration. The standard form Registration was approved
by the Board on October 3, 1995 (R95-1410).
Countywide (AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
3. Staff recommends
motion to approve:
A) Change Order No. 3 to the contract with Alen Construction Group, Inc. (Alen) in
the amount of $43,656.16 and an extension of 9 Calendar
Days to the 400Hz
Ground Power Unit (GPU)
Point of Use (POU) Replacement Project at Palm
Beach International Airport
(PBI); and
B) A
Budget Transfer of $43,656 in the Airport's
Improvement and Development
Fund.
Summary: The original contract
with Alen for the 400Hz GPU POU Project at PBI in the amount of $6,900,000 and 430 Calendar
Days was approved by the Board on March 8, 2022 (R2022- 0226). Change
Orders No. 1 and 2 in the amount of $157,876.97 and 301 Calendar
Days were approved in
accordance with the authority designated in PPM CW-F-050. Approval of Change
Order No. 3 in the amount of $43,656.16 and 9 Calendar Days is required to
primarily address omissions and differing site conditions not represented in
the original set of construction documents. Change Order
No. 3 includes the installation of power for the Fire Sprinkler System Pre-Action Compressor, cleaning,
patching painting and fire stopping of surfaces of raceway’s fire-rated
penetrations related to providing power. The scope also includes replacing
existing damaged fire sprinkler hangers in Concourse B level 1 breezeway,
rerouting an existing 1” waterline and relocation of several existing bollards
in order to meet clearance code requirements.
This project was presented to the Goal Setting Committee
on September 1, 2021
and a SBE Price Preference, Affirmative Procurement Initiative was applied. The
S/M/WBE participation for Change
Order No. 3 is 89.7%.
The S/M/WBE subcontracting participation to date is 34.64%. Countywide (AH)
4. Staff recommends
motion to receive and file: License Agreement (Agreement) with Chandler &
Campbelle Investment Group LLC d/b/a Chandler Campbelle & Daschle (CCD),
commencing on July 1, 2023, and initially expiring September 30, 2023, with
automatic renewals on an annual basis through September 30, 2025, for CCD to
park up to three (3) of CCD’s vehicles at the Palm Beach International Airport
(PBI). For payment of an annual license
fee in the amount of $540. Summary:
CCD provides subcontract services to multiple concessions and tenants at
PBI (Service Agreements), and has requested space for the temporary parking of
vehicles used in the conduct of CCD’s operations under the Service Agreements
at PBI. Delegation of authority for
execution of the standard form License Agreement was approved by the Board in
R2007-2070. Countywide (AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5. Staff recommends
motion to adopt: a Resolution
establishing a standard form First
Amendment to Agreement for Rental Car Lease and
Concession (First Amendment); authorizing the County Administrator or designee
to execute standard form First Amendments; providing for severability; and
providing for an effective date. Summary: The Resolution establishes
a new standard form that will be used to amend the eight (8) Agreements for
Rental Car Lease and Concession at the Palm Beach International Airport
(R2022-0829; R2022-0831 through R2022-0835; R2022-0936 through R2022-0937)
(Agreements). The First Amendment will implement additional controls to ensure
timely submission of required reports pursuant to recommendations included in
Palm Beach County Office of Inspector General (OIG) Report No. 2023-A-0005, and
will clarify the definition of “Local Revenue”. Rental car concessionaires
charge fees to their customers to recover concession fees paid to the County
(Concession Recoupment Fees) for vehicle rental transactions derived from
business generated by the airport. Local Revenue is an exclusion from gross
revenues, which exempts local Palm Beach County residents who do not deplane at
the airport from the payment of Concession Recoupment Fees. Since local residents are less likely to rent
a car after deplaning at the airport, the First Amendment clarifies that the
only evidence required for the exclusion will be the customer’s driver license
with a local Palm Beach County zip code, which will ensure consistency in
documentation. The First Amendment also adds a provision for liquidated damages
in the event required reports are not submitted timely, modifies the monthly
and annual audit reporting requirements to more closely align with the
categories of revenue, and provides for review and modification of the audit
requirements upon notice to the concessionaire.
The Resolution authorizes the County Administrator or designee, the
Director of Airports, to execute the standard form First Amendments on behalf of the Board. Countywide
(AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
6. Staff recommends
motion to receive and file: An Amendment for Extension of the Public
Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) for the Golfview West Canal Relocation/Culvert at Palm
Beach International Airport (PBI); Financial Project Number 441608-1-94-01
approved by the Board on May 5, 2020 (R2020-0415 and R2020-0416), until December 31, 2024. Delegation of authority for execution of the
Amendments for extension of the PTGAs was approved by the Board on August 25,
2020 (R2020-1017). Summary: This project will provide for the
installation of a 1,000-foot culvert in the E-3 1/2 canal on the west side of
PBI. The County owns several parcels on
the west side of the existing canal adjacent to Military Trail, which are
managed by the Department of Airports. The installation of the culvert south of
Green Street will allow for additional opportunities for aviation-related
development in this area with access to the airfield. Approval of the Amendment
for Extension of the PTGA extends the availability of grant funding to allow
for the completion of the project. Countywide
(AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Staff recommends
motion to:
A)
receive and file Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0085-072-2023 in the amount of $213,921 for design and
construction services for the Wind Cone Relocation and Replacement at Palm
Beach International Airport (PBI). Delegation
of authority for execution of this grant was approved by the BCC on August 25,
2020 (R-2020-1017). This grant is
effective as of July 12, 2023 with an expiration date of July 11, 2027;
B)
approve a contract with
H.L. Pruitt Corp. (Pruitt) in the amount of $210,975 and 116 Calendar Days for
the Wind Cone Relocation and Replacement at PBI; and
C)
approve a Budget Amendment
of $213,921 in the Airport’s Improvement and
Development Fund, which includes a transfer from reserves in the amount
of $71,367, to recognize the receipt of grant funding from the FAA.
Summary: The FAA has issued a Grant Offer (Assistance Listings Number 20.106)
reflecting its commitment of funding in the amount of $213,921 for the Wind
Cone Relocation and Replacement at PBI.
Acceptance of this grant provides the Department of Airports with
funding for the project. This grant
began on July 12, 2023 and expires on July 11, 2027. This grant requires a local match in the
amount of $71,367. This project was advertised utilizing the County’s
competitive bid process. On April 13,
2023, three (3) bids were received for the Wind Cone Relocation and Replacement
at PBI. Pruitt, a Seminole County,
Florida company has been identified as the lowest responsible/responsive bidder
in the amount of $210,975. This project provides for the removal and replacement of five (5) existing wind
cones with new current driven supplemental L-806(L) wind cones and the
installation of one (1) new Primary L-807(L) wind cone within the PBI airfield. A Disadvantaged
Business Enterprise (DBE) goal of 9% was established for this project. Pruitt has committed to a minimum of 10% DBE
participation. Countywide (AH)
8. Staff recommends motion
to receive and file: Consent to Sublease (Consent) documents,
consenting to the sublease of space by Signature Flight Support LLC (Signature)
at the Palm Beach International Airport (PBI) with Steven Shenouda/EMTAC SR20,
LLC, effective as of July 1, 2023. Summary: Signature provides fixed based
operator services for general aviation aircraft at PBI pursuant to a Lease
Agreement dated September 30, 2004 (R2004-1990, as amended). The Lease
Agreement provides for the sublease of space subject to the County’s
consent. Delegation of authority for
execution of the standard form consent to sublease was approved by the Board in
R94-1453. Countywide (AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) approve request by Palm Beach County Tax Collector,
Anne M. Gannon, for Board of County Commissioners to order the 2023 tax roll to
be extended prior to completion of the Value Adjustment Board (VAB) hearings;
and
B) direct the VAB to certify the assessment roll pursuant to Section 193.122,
Florida Statutes and as otherwise required by applicable law.
SUMMARY: Approval of this request will avoid a delay in the issuance of tax
notices beyond November 1, 2023, and will permit the collection of property
taxes prior to completion of the VAB hearings. Countywide (DB)
2. Staff recommends
motion to receive and file: The Fiscal Year 2023/2024 Proposed Budget for
Children’s Services Council of Palm Beach County (CSCPBC). SUMMARY: The CSCPBC has submitted
their Fiscal Year 2023/2024 Proposed
Budget as per section number 125.901(3)(f), Florida Statutes. The proposed budget includes lowering the
millage rate from 0.5508 to 0.5073. Countywide
(DB)
3. Staff recommends
motion to receive and file: Financial
Statements for the Fiscal Year ending September 30, 2022 from the Delray Beach
Community Redevelopment Agency (DB CRA). SUMMARY:
The DB CRA has submitted its Financial Statements for the Fiscal Year
ending September 30, 2022 as per section number 163.356(3)(d), Florida
Statutes. Countywide (DB)
4. Staff recommends
motion to receive and file: The Quarter Ending 06-30-2023 information for
Children’s Services Council of Palm Beach County (CSCPBC). SUMMARY: The CSCPBC has submitted
their Quarter Ending 06-30-2023 information
as per section number 125.901(3)(f), Florida Statutes. The statement reflects only expenditures and
receipts during the quarter. Countywide
(DB)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
5. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $20,000 for the full satisfaction of a code
enforcement lien entered against Robert M. Battista on December 5, 2007. SUMMARY:
The Code Enforcement Special Magistrate (CESM) executed an order on June 6,
2007 for the property owned by Robert M. Battista, giving him until September
4, 2007 to bring his property located at 6193 Balboa Circle, Boca Raton, FL
into full code compliance. The property was cited for the removal of an interior load-bearing wall without a
building permit. The issue began
with an anonymous complaint from condominium owners regarding their safety
concerns for the building. Mr. Battista removed the interior load-bearing wall,
which was not properly engineered and framed to support the existing
loads. Mr. Battista had until September
4, 2007 to bring the property into full code compliance or a fine of $50 per
day would begin to accrue. Several
phone calls were exchanged between Code Enforcement and Mr. Battista’s
daughter/representative to discuss the path to compliance. However, on
September 5, 2007, a site inspection revealed that the property remained in
violation. Compliance with the CESM’s
order was not achieved, and the CESM executed an order imposing a code lien
against Robert M. Battista on December 5, 2007. The Code Enforcement Division (Code
Enforcement) issued an affidavit of compliance for the property on January 13,
2023, which was over 15 years after the compliance date set forth in the order,
and the fines stopped. Compliance was achieved once a building permit was
issued to repair the violations. The total fine on May 10, 2023 was
$280,601.58, the date on which settlement discussions began. Mr. Battista’s
heirs have agreed to pay Palm Beach County $20,000 (7%) for full settlement of
his outstanding code enforcement lien. District 4 (SF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
6. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $10,000 for the full satisfaction of a code
enforcement lien entered against Janusz and Urszula Nalepa on July 1,
2009. SUMMARY: The Code
Enforcement Special Magistrate (CESM) executed an order on January 7, 2009 for
the property owned by Janusz and Urszula Nalepa, giving them until April 7,
2009 to bring their property located at 9477 Pinto Drive, Lake Worth, FL into
full code compliance. The property was cited for the installation of a fence, column, and gate without required building
permits. In addition, the permit for
the construction of a pool had expired.
Mr. Nalepa was present at the hearing on January 7, 2009. He was
given 90 days to comply with the CESM’s order, or a fine of $50 per day would
begin to accrue. A follow up inspection on April 8, 2009 confirmed that the
property remained as cited. Compliance
with the CESM’s order was not achieved, and the daily fine was imposed. The
CESM executed an order imposing a code lien against Janusz and Urszula Nalepa
on July 1, 2009 and was recorded on September 10, 2009. The
Code Enforcement Division (Code Enforcement) completed six site inspections
between 2008 and 2016. It issued an affidavit of compliance for the property on
October 13, 2016 stating that the cited violations were corrected as of August
18, 2016, and the fines stopped. The total fines on May 23, 2023 was
$119,415.80, the date on which settlement discussions began. Urszula Nalepa has
agreed to pay Palm Beach County $10,000 (8%) for full settlement of the
outstanding code enforcement lien. District 6 (SF)
7. Staff recommends
motion to approve: a Budget Transfer from School Impact Fee Zone 1
reserve account to School Impact Fee Zone 1 appropriation account for $25,000,000.
SUMMARY: Impact fees budgeted
in reserve accounts cannot be appropriated until funds have been collected.
These budget transfers recognize school impact fee revenues as of July 10, 2023
and allow for their appropriation so that the County may remit funds to the
School District in accordance with Article 13 of the Unified Land Development
Code (ULDC). Countywide (RM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Second Amendment to Lease Agreement with South
Florida Water Management District (SFWMD) exercising the first option to extend
the term from August 01, 2023 through July 31, 2024 at an annual rent rate of
$449,080.25. SUMMARY: On May 14,
2020, the County entered into a Lease Agreement (R2020-0518) with SFWMD for
19,692 square feet of office space located at 3301 Gun Club Road to temporarily
accommodate a portion of Palm Beach County Sheriff’s Office (PBSO) staff during
the Renewal/ Replacement/Renovation Project at PBSO Headquarters. The First Amendment (R2020-1451) provided for
the increase in reimbursement to SFWMD from $75,000 to $91,000 to reconfigure
the modular furniture. This Second Amendment acknowledges that the County
provided timely notification to SFWMD exercising its first option to extend the
term of the lease for one (1) year, expiring on July 31, 2024. All other terms and conditions remain the
same. The Property and Real Estate Management Division will continue to have
administrative responsibility of the lease agreement. Funding for this
agreement is from the Infrastructure Sales Tax (Property & Real Estate
Management) Countywide/District 3
(HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to:
A)
adopt a Resolution authorizing a Lease Agreement with the North Palm Beach
Rowing Club, Inc., a Florida not-for-profit corporation
(NPBRC), to lease approximately 0.88 acres of real property at the Palm Beach
County Bert Winters Park (Park) located at 13245 Ellison Wilson Road, Juno
Beach; and
B) approve a Lease Agreement with the NPBRC for a community rowing program for an initial
term of thirty (30) years at an annual rate of $10.
SUMMARY: Since 2013, NPBRC has held a
Special Use Permit with the County for a community rowing training program
(Program) which permitted use of a temporary boat house for the training.
County and NPBRC desire to continue the Program by entering into a Lease
Agreement permitting NPBRC to design, construct and operate a permanent boat
house (the Project). NPBRC has proposed
to raise, within five (5) years of the effective date of the Lease Agreement,
an estimated $3,000,000 to $5,300,000 in funds required to complete the
Project. County has the right to terminate the Lease Agreement if NPBRC fails
to meet the initial submission timeline for the Project or any funding
benchmark for a phase of the Project.
NPBRC will have the right to name the Project, its improvements and all
components thereof, and displays in recognition of NPBRC’s major donors,
subject to approval by the Parks and Recreation Department. Upon expiration or termination of this
Lease Agreement, naming rights to the building and all improvements constructed
by NPBRC shall revert to County. The initial lease term is for thirty (30)
years with two ten (year) extension options. Rent will be $10 annually. The Parks and Recreation Department (Parks)
supports this Project, and will manage and administer the Lease Agreement. (Property & Real Estate Management) District
1 (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: Amendment No. 2 to the Second Restated Sports
Facility Use Agreement (Second Restated SFUA) (R2022-0521) between Palm Beach
County (County) and Jupiter Stadium, Ltd. (JSL), St. Louis Cardinals, LLC
(Cardinals) and Marlins Teamco LLC (Marlins) which amendment updates Exhibit I
to the Restated SFUA and modifies the definition of annual debt service. SUMMARY: In 1996, the County entered into a Developer
Agreement (R96-879D, as amended) and a Sport Facility Use Agreement (R96-877D,
as amended) (SFUA) with JSL for the use and operation of Roger Dean Chevrolet
Stadium (RDCS) and the adjacent two-team baseball training facilities,
clubhouses, playing fields, on-site parking areas and related structures and
improvements. RDCS serves as the spring training facility for the Cardinals and
the Marlins (collectively the Teams). Construction of RDCS was completed in
1998, so that the facility is now over 25 years old; and the County determined
that renovations were required to ensure that RDCS: 1) meets updated MLB
standards, 2) provides accommodations comparable to the County’s most recently
built Ballpark of the Palm Beaches, and 3) provides for a visitor experience
that further solidifies spring training as a tourism generator. On December 17,
2019, the Board of County Commissioners (Board) approved a term sheet
identifying key provisions of a new Developer Agreement (New DA) and the Second
Restated SFUA to facilitate the renovation of RDCS (Renovation Project), and
authorized the County Administrator or designee to commence negotiations.
Negotiations commenced as authorized by the Board but, in March 2020, had to be
halted due to the detrimental effects that the COVID19 pandemic had on Bed Tax
collections. In November 2021, JSL and the County reengaged in negotiations. On
May 17, 2022, the Board Approved the New DA (R2022-0520) and the Second
Restated SFUA. On March 14, 2023, the Board approved: 1) a Spring Training
Facility Funding Agreement (Funding Agreement) (R2023-0367) with the State of
Florida, Department of Economic Opportunity (DEO) for the provision of
$50,000,000 of State funding under Section
288.11631, Florida Statutes, over a 25-year period towards the RDCS
Renovation Project; 2) an Addendum to the Second Restated SFUA (R2023-0368)
providing for additional payments to be made by the Marlins and Cardinals to
the DEO in the event of missed games; 3) Amendment No. 1 to the New DA
(R2023-0369) increasing the amount of the Project Proceeds to $140,000,000 and
establishing Non-Eligible Costs; 4) Amendment No. 1 to the Second Restated SFUA
(R2023-0370) providing for the option of Semi-Annual Use Fee Payments; and 5) a
bond authorizing resolution in an amount not to exceed $140,000,000. The debt
service on the bonds will be repaid through Tourist Development Bed Taxes,
State sales tax contribution of $50,000,000 ($2,000,000 per year for 25 years)
under the Funding Agreement, and the Teams’ annual use payment under the Second
Restated SFUA.
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. SUMMARY
(cont’d.) The County Bonds for the RDCS Renovation Project were sold on April 13,
2023. Amendment No. 2 to the Second Restated SFUA replaces and revises
agreement Exhibit I “County / State Contributions to Annual Debt Service” to
adjust the County’s contribution to debt service in certain years since the
debt service schedule on the County Bonds is now finalized after the bond sale.
These adjustments to Exhibit I do not change or affect the County’s total
contribution to debt service that the County agreed to under the Second
Restated SFUA, but merely conform Exhibit I to the final debt service schedule
on the County Bonds. Amendment No. 2 also revises the definition of Annual Debt
Service under the agreement to include fees associated with the payment of
principal and interest on the bonds. This item has no fiscal impact. (FDO
ADMIN) District 1/Countywide
(MWJ)
4. Staff recommends
motion to receive and file:
A) Standard License Agreement for Use of
County-Owned Property (Lantana/Lake Worth Health Center) for the period of June
12, 2023 through September 30, 2023, with Healthy Mothers/Healthy Babies
Coalition of Palm Beach County, Inc., for prenatal and postpartum group
meetings without a license fee; and
B) Standard License Agreement for Use of
County-Owned Property (Vacant Lot Adjacent to Main Library) for the period of
May 15, 2023 through May 22, 2023, with Trump International Golf Club, L.C.,
for parking with a license fee of $1,200.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts,
agreements, and grants must be submitted by the initiating Department as a
receive and file agenda item. The
attached standard agreements have been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator or designee, who in
this case was the Director of the Facilities Development and Operations
Department. The Standard License Agreements were approved in accordance with
R2010-0333, as amended and approved by the Board on October 1, 2013. The
Agreement with Healthy Mothers/Healthy Babies Coalition of Palm Beach County,
Inc., did not entail a payment of a license fee. The Agreements with Trump
International Golf Club, L.C. had a license fee of $1,200. The executed documents
are now being submitted to the Board to receive and file. (FDO Admin) Countywide
(YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: Work Order No. 23-005 to the annual flooring
contract (R2021-0633) with Andrea Construction, Inc. (Contractor) in the amount
of $236,140 for the Main County Courthouse 4th Floor - Flooring Replacement
project for a period of 180 calendar days from notice to proceed. SUMMARY: The project consists of the
base and flooring replacement in three (3) areas on the 4th floor of the Main
County Courthouse. Areas with existing tile or concrete are excluded from this scope
of work. The flooring on the 4th floor of the Main County Courthouse has
outlived its useful life and will be replaced with new carpet tiles, luxury
vinyl tiles and vinyl wall base. Work Order 23-005 authorizes the construction
services necessary to furnish all materials, labor, equipment, tools,
supervision, permits and supplies necessary for the Main County Courthouse 4th
Floor - Flooring Replacement project. This project was competitively advertised
and new contractors were invited to bid by submitting prequalification
documents prior to the submission of the bid response. The Contractor will have
180 calendar days from notice to proceed to substantially complete the project.
Liquidated damages for failure to achieve certification of substantial completion
within the contract time or approved time extension thereof are $120 per day.
This Work Order was solicited pursuant to the annual flooring contract and the
requirements of the Equal Business Opportunity (EBO) Ordinance. The annual
flooring contract was presented to the Goal Setting Committee on January 20,
2021. The Committee applied the following Affirmative Procurement Initiatives
(APIs) of sheltered market for projects less than $100,000 (when three (3) or
more small businesses are qualified under the annual contract) or a Small
Business Enterprise (SBE) contractor will be given a price preference for
projects $100,000 or greater if its bid is within 10% of the lowest non-small
business bid. Since this project is greater than $100,000, the price preference
API was applied. SBE participation for this Work Order is 15.62%. Cumulative
SBE participation on the annual flooring contract is 25.52%. The Contractor is
a certified SBE firm and a Palm Beach County business. Funding for this project
is from the Public Building Improvement Fund. (Capital Improvements
Division) District 7 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: an annual contract with the following contractor for
general minor construction services on an as-needed basis through February 10,
2025.
Contractor Status SBE or Non-SBE
Dan Enterprises Team LLC Non-Local Non-SBE
SUMMARY: On February 11, 2020, the Board of County Commissioners (Board) approved
the annual minor construction contract (R2020-0142 through R2020-0151). The
work consists of construction services associated with repairs, improvements
and renovations to County-owned properties on an as needed basis. The
Contractor now joins the list of thirty-eight (38) prequalified contractors for
a total of thirty-nine (39) prequalified contractors with a contract expiration
date of February 10, 2025. The specific requirements of the work will be
determined by individual work orders issued against this annual minor
construction contract. These contracts are five (5) year indefinite-quantity
contracts with a maximum cumulative value of $25,000,000 across all
prequalified contractors. Work will be awarded as work orders on a lump-sum,
competitively bid basis across all prequalified contractors. Contractors may
qualify at any time and be added to this annual minor construction contract
before the term ends. Projects $100,000 or greater are advertised on the vendor
self-service (VSS) website and are bid among the pool of certified Small
Business Enterprise (SBE) contractors, when three (3) or more small businesses
are qualified under the contract. Projects $200,000 or greater are advertised
on the VSS website and additionally advertised in the newspaper, further
expanding the bidding pool to include additional bidders responding to the
specific project advertisement that submit a qualification application at least
ten (10) calendar days before the bid due date. The annual minor construction
contract was presented to the Goal Setting Committee on August 21, 2019 and the
Committee established three Affirmative Procurement Initiatives (APIs): 1)
sheltered market for projects under $100,000; or 2) a small business enterprise
(SBE) contractor will be given a price preference if its bid is within 10% of
the lowest non-small business bid on a single trade project $100,000 or
greater; or 3) a mandatory 25% SBE subcontracting goal for a multi-trade
project $100,000 or greater. Actual Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation will be identified on each work order, and
will be tracked cumulatively for all work orders issued. To date, the
cumulative S/M/WBE participation for all work orders under the annual minor
construction contract is 58.24%. (Capital Improvements) Countywide
(MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to approve: an annual contract with the following contractor for
painting and weatherproofing services on an as-needed basis through April 3,
2028.
Contractor Status SBE or Non-SBE
Southern
Star Contractors Inc
Local SBE
SUMMARY: On April 4, 2023, the Board of County Commissioners (Board) approved the
annual painting and weatherproofing services contract (R2023-0416 through
R2023-0420). The work consists of painting and weatherproofing services to
County-owned properties on an as needed basis. The Contractor now joins the
list of nine (9) prequalified contractors for a total of ten (10) prequalified
contractors with a contract expiration date of April 3, 2028. The specific
requirements of the work will be determined by individual work orders issued
against this annual painting and weatherproofing services contract. These
contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $3,000,000 across all prequalified contractors. Work will
be awarded as work orders on a lump-sum, competitively bid basis across all
prequalified contractors. Contractors may qualify at any time and be added to
this annual painting and weatherproofing services contract before the term
ends. Projects $100,000 or greater are advertised on the vendor self-service
(VSS) website and are bid among the pool of certified Small Business Enterprise
(SBE) contractors, when three (3) or more small businesses are qualified under
the contract. Projects $200,000 or greater are advertised on the VSS website
and additionally advertised in the newspaper, further expanding the bidding
pool to include additional bidders responding to the specific project advertisement
that submit a qualification application at least ten (10) calendar days before
the bid due date. The annual painting and weatherproofing services contract was
presented to the Goal Setting Committee on December 7, 2022 and the Committee
established Affirmative Procurement Initiatives (APIs) of sheltered market for
projects less than $100,000 (when three (3) or more small businesses are
qualified under the annual contract) or an SBE contractor will be given a price
preference for projects $100,000 or greater if its bid is within 10% of the
lowest non-small business bid. Actual Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation will be identified on each work order, and
will be tracked cumulatively for all work orders issued. To date, there is no
S/M/WBE participation for work orders under the annual painting and
weatherproofing services contract. (Capital Improvements) Countywide
(MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to approve: an annual contract with the following contractor for
demolition services on an as-needed basis through April 3, 2028.
Contractor Status SBE or Non-SBE
Allied
Bean Demolition, Inc. Non-Local
Non-SBE
SUMMARY: On April 4, 2023, the Board of County Commissioners (Board) approved the
annual demolition contract (R2023-0414 through R2023-0415). The work consists
of demolition services to County-owned properties on an as needed basis. The
Contractor now joins the list of three (3) prequalified contractors for a total
of four (4) prequalified contractors with a contract expiration date of April
3, 2028. The specific requirements of the work will be determined by individual
work orders issued against this annual demolition contract. These contracts are
five (5) year indefinite-quantity contracts with a maximum cumulative value of
$1,000,000 across all prequalified contractors. Work will be awarded as work
orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors may qualify at any time and be added to this annual
demolition contract before the term ends. Projects $100,000 or greater are advertised
on the vendor self-service (VSS) website and are bid among the pool of
certified Small Business Enterprise (SBE) contractors, when three (3) or more
small businesses are qualified under the contract. Projects $200,000 or greater
are advertised on the VSS website and additionally advertised in the newspaper,
further expanding the bidding pool to include additional bidders responding to
the specific project advertisement that submit a qualification application at
least ten (10) calendar days before the bid due date. The annual demolition
contract was presented to the Goal Setting Committee on December 7, 2022 and
the Committee established Affirmative Procurement Initiatives (APIs) of
sheltered market for projects less than $100,000 (when three (3) or more small
businesses are qualified under the annual contract) or an SBE contractor will
be given a price preference for projects $100,000 or greater if its bid is
within 10% of the lowest non-small business bid. Actual Small/Minority/Women
Owned Business Enterprise (S/M/WBE) participation will be identified on each
work order, and will be tracked cumulatively for all work orders issued.
(Capital Improvements) Countywide (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to approve: an annual contract with the following contractor for
low voltage services on an as-needed basis through August 16, 2026.
Contractor Status SBE or
Non-SBE
Unitec
Inc.
Non-Local
Non-SBE
SUMMARY: On August 17,
2021, the Board of County Commissioners (Board) approved the annual low voltage
contract (R2021-1063 through R2021-1069). The work consists of low voltage
services to County-owned properties on an as needed basis. The Contractor now
joins the list of twelve (12) prequalified contractors for a total of thirteen
(13) prequalified contractors with a contract expiration date of August 16,
2026. The specific requirements of the work will be determined by individual
work orders issued against this annual low voltage contract. These contracts
are five (5) year indefinite-quantity contracts with a maximum cumulative value
of $4,000,000 across all prequalified contractors. Work will be awarded as work
orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors may qualify at any time and be added to this annual
low voltage contract before the term ends. Projects $100,000 or greater are
advertised on the vendor self-service (VSS) website and are bid among the pool
of certified Small Business Enterprise (SBE) contractors, when three (3) or
more small businesses are qualified under the contract. Projects $200,000 or
greater are advertised on the VSS website and additionally advertised in the
newspaper, further expanding the bidding pool to include additional bidders
responding to the specific project advertisement that submit a qualification
application at least ten (10) calendar days before the bid due date. The annual
low voltage contract was presented to the Goal Setting Committee on March 17,
2021 and the Committee established Affirmative Procurement Initiatives (APIs)
of sheltered market for projects less than $100,000 (when three (3) or more
small businesses are qualified under the annual contract) or an SBE contractor
will be given a price preference for projects $100,000 or greater if its bid is
within 10% of the lowest non-small business bid. Actual Small/Minority/Women
Owned Business Enterprise (S/M/WBE) participation will be identified on each
work order, and will be tracked cumulatively for all work orders issued. To
date, the cumulative S/M/WBE participation for all work orders under the annual
low voltage contract is 61.15%. (Capital Improvements) Countywide
(MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: annual contracts with the following contractors for
Indoor Air Quality (IAQ) remediation services on an as-needed basis through
August 21, 2028.
Contractors Status SBE or Non- SBE
A) Cross Environmental Services, Inc. Non-Local Non-SBE
B) Dean Mitchell Restoration, Inc. Local Non-SBE
C) Joe Schmidt Construction, Inc. Local SBE
D) Prism Response, LLC dba Alloy Non-local Non-SBE
E) Simpson Environmental Services, LLC Non-local Non-SBE
F) United Restoration of FL, LLC Non-local Non-SBE
SUMMARY: The purpose of this annual contract is to pre-qualify contractors to
provide IAQ remediation services on an as-needed basis. The specific
requirements of the work shall be determined by individual work orders issued
against this annual IAQ remediation contract. These contracts are five (5) year
indefinite-quantity contracts with a maximum cumulative value of $3,000,000
across all prequalified contractors. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual IAQ remediation
contract before the term ends. Projects $100,000 or greater are advertised on
the vendor self-service (VSS) website and are bid among the pool of certified
Small Business Enterprise (SBE) contractors, when three (3) or more small
businesses are qualified under the contract. Projects $200,000 or greater are
advertised on the VSS website and additionally advertised in the newspaper,
further expanding the bidding pool to include additional bidders responding to
the specific project advertisement that submit a qualification application at
least ten (10) calendar days before the bid due date. The annual IAQ
remediation contract was presented to the Goal Setting Committee on March 15,
2023 and the Committee established Affirmative Procurement Initiatives (APIs)
of sheltered market for projects less than $100,000 (when three (3) or more
small businesses are qualified under the annual contract) or a SBE contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. Actual Small/Minority/Women Owned Business Enterprise
(S/M/WBE) participation will be identified on each work order, and will be
tracked cumulatively for all work orders issued. (Capital Improvements) Countywide
(MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
11. Staff recommends
motion to receive and file: a Site Access
Agreement with Florida Department of Environmental Protection (“FDEP”) for 2700
6th Avenue South, Lake Worth Beach, FL, FDEP Facility ID: 508623183,
which has no fiscal impact on the County, for as long as is necessary to
assess, remove, monitor and remediate the contamination to the Property. SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts, agreements and grants must be submitted by the initiating
department as a receive and file agenda item.
The attached standard Site Access Agreement has been fully executed on
behalf of the Board of County Commissioners by the County Administrator or
designee, who in this case was the Director of the Facilities Development and
Operations Department. Resolution (R2015-1613) established a new standard form
Agreement for use with the Florida Department of Environmental Protection
(FDEP) and its contractors to assess, remove, monitor and remediate
contamination on County-owned property. The Site Access Agreement is an FDEP
standard form, and is required for FDEP to solicit a contractor, who will
actually complete the remediation activities. The County enters into a separate
Entry Agreement with each contractor before the contractor commences work. The
remediation work is done at no cost to the County. The duration of the Site Access Agreement
with FDEP is for so long as it is necessary to access, remove, monitor and
remediate contamination on the property. The executed documents are now being
submitted to the Board to receive and file. (FDO Admin) District 3 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
12. Staff recommends
motion to approve: an Amended and Restated Agreement with the South
Florida Fair and Palm Beach County Expositions, Inc. (“Fair”) for use of the
Fair’s Expo Center West building (“Expo Center”) for sheltering special needs
evacuees during emergencies (also known as the “Special Needs Shelter”) through
August 21, 2043. SUMMARY: On
December 15, 1998, the County entered into an agreement (1998 Agreement) with
the Fair whereby the County funded a project to retrofit and harden the Expo
Center for use as Special Needs Shelter. The 1998 Agreement included the
installation of generators and other emergency power equipment (collectively,
“Emergency Power Equipment”). The 1998 Agreement expired on December 14,
2018. In 2019, the County entered into
an agreement R2019-0504 (2019 Agreement) with the Fair allowing the County to
continue to be entitled to exclusive use and possession of the Expo Center
immediately prior to, during, and after an emergency event, and required that
County pay the Fair for such use. The 2019 Agreement also permitted the County
to continue to be able to conduct periodic inspections and tests of the Expo
Center and Emergency Power Equipment to ensure operability in case of an
emergency event. Under the 2019 Agreement, the County was responsible for: 1)
the restoration and repair of any and all damage to the Expo Center; 2) the
inspection, maintenance, repair and replacement of the Emergency Power
Equipment; 3) all injuries occurring during its use and possession of the Expo
Center; and 4) hardening and improving the Expo Center to better support the
County’s emergency use of the center, if the County so chooses. The County was
also responsible for seeking reimbursement from FEMA for any use related
restoration costs and emergency sheltering expenses, but remained financially
and physically responsible for all restoration/repair damages regardless of
FEMA’s reimbursement determination. The 2019 Agreement also addressed the July
2018 Emergency Power Equipment fuel tank’s release and the subsequent
remediation required, and acknowledged that the County would submit an
insurance claim against its policy and provide Fair with any insurance proceeds
it received as a result of the fuel release insurance claim. This Amended and
Restated Agreement incorporates all of these terms from the 2019 Agreement and,
for FEMA reimbursement purposes, adds required federal terms and conditions.
This Amended and Restated Agreement is for twenty (20) years and the County can
terminate for any reason with ten (10) business day’s notice to Fair. The
annual operating cost to maintain the Emergency Power Equipment is estimated at
$13,540 for FY23. Funding for the
replacement of the Emergency Power Equipment in FY 2023-24 is included in
Facilities Development and Operation’s (FDO) countywide renewal/replacement
capital improvements plan (CIP) request using the Public Building Improvement
Fund and Infrastructure Sales Tax Fund. The costs of the County’s
possession and exclusive use of the Expo Center during emergency events are
determined on a case-by-case basis as per the fee schedule included as Exhibit
A to this Amended and Restated Agreement. (FDO Admin) District 6/Countywide (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
13. Staff recommends
motion to approve: the appointment of:
Grady Cecil Jackson, RES, AAS for a term commencing on August 22, 2023
and ending on September 30, 2026;
Neil Merin for a term commencing on August 22, 2023
and ending on September 30, 2025; and
Irma Qureshi, Esq. for a term commencing on August 22, 2023 and ending on
September 30, 2024, to the Palm Beach County Property Review Committee (PRC).
|
Appointment Member |
Seat
No. |
Seat Requirement |
Term |
|
Grady
Cecil Jackson, RES, AAS |
1 |
Representative from the Palm Beach County Property
Appraiser's Office |
August 22, 2023- September30, 2026 |
|
Neil
Merin |
2 |
Representative licensed as a real estate broker
with an office in Palm Beach County and expertise in Palm Beach County commercial real
estate |
August
22, 2023- September
30, 2025 |
|
Irma
Qureshi, Esq. |
3 |
Representative
with expertise
in land planning, eminent domain and/or real estate who is a licensed
attorney with offices in Palm Beach County |
August 22, 2023- September 30, 2024 |
SUMMARY: On October 8,
2019, the Board of County Commissioners (Board) adopted Resolution No.
2019-1585, which reestablished the PRC consisting of three (3) members
appointed at-large by the Board and its term limits. The PRC has not met since June 2016 and all
of the members' terms have since expired. Mr. Jackson, Mr. Merin and Ms.
Qureshi have agreed, if appointed, to serve as representatives for Seat Nos. 1,
2 and 3, respectively on the PRC. All
seats are for a term commencing August 22, 2023 and are staggered so as to
ensure continuity of experienced representation on the PRC. An email dated June
12, 2023 was circulated to the Board requesting support of Mr. Jackson and Ms.
Qureshi, or additional nominations. An
email dated July 6, 2023 was circulated to the Board requesting support of Mr.
Merin, or additional nominations. No additional nominations were received. The nominees are 1 African-American male, 1
Caucasian male, and 1 Asian-American female. (Property & Real Estate
Management) Countywide (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
14. Staff
recommends motion to approve: a
Temporary Construction Easement
Agreement, in favor of Transit Village, LLC, over the portion of the
County's existing Intermodal Transit Center Property, which the County will
continue to own, for the purpose of constructing and installing improvements
and to stage and store construction materials and equipment during the
development and construction of the Transit Village Project. SUMMARY: On August 14, 2012, the
County entered into an Agreement for Purchase and Sale (R2012-1158, as amended
thrice: R2018-0956; R2020-0517; and R2021-1587; collectively referred to as
PSA) with Transit Village, LLC (TV) for
the sale of a portion of the County-owned parcel of land at the southeast
corner of Banyan Boulevard and Clearwater Drive, which is the current site of
the County’s Intermodal Transit Center (ITC Property). Pursuant to the PSA, TV is to construct a
mixed-use development, including a parking garage on the ITC Property
(Project). On June 13, 2023, the Board of County Commissioners (Board) approved
the replat of the ITC Property, which was subsequently approved by the City of
West Palm Beach City Commission on June 26, 2023. At closing and subsequent to recordation of
the plat, the County will convey Tracts 1 and 2 totaling 4.11 acres (Tracts 1
and 2) to TV, together with the air rights commencing 21 feet 4 inches atop
Tract 3. The County will maintain
ownership of Tract 3. The Temporary Construction Easement (TCE) will allow TV
to use the Tract 3 for the purpose of constructing and installing improvements
and to stage and store construction materials and equipment during the
development and construction of the Project.
Consistent with prior Board direction to collaborate with TV toward
Project attainment, included as Attachment 3 to this agenda item is an updated detailed summary of eight
critical matters that must be addressed prior to closing, actions taken on each
to-date and ongoing material matters having potential impact upon the County’s
real estate and operational best interests. (Property & Real Estate Management) District 2/Countywide
(HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
15. Staff recommends
motion to receive and file: Change Order No. 37 to Amendment No. 1
(R2018-2062) to the Construction Manager (CM) at Risk Services contract
(R2015-0852) with James B. Pirtle Construction Company, Inc. dba Pirtle
Construction Company in the amount of $56,345.88 for the Palm Beach Sherriff’s
Office (PBSO) Forensic Sciences & Technology Facility project. SUMMARY: On July 7, 2015, the Board of
County Commissioners (Board) approved the CM at Risk contract (R2015-0852) with
James B. Pirtle Construction Company, Inc. dba Pirtle Construction Company for
construction management services for the PBSO Forensic Sciences &
Technology Facility project. On December 18, 2018, the Board approved Amendment
No. 1 (R2018-2062) in the amount of $26,305,228, establishing a Guaranteed
Maximum Price (GMP) for the construction of an approximately 87,000 square feet
secure lab/office/warehouse facility with a vehicle impound lot. Change Order
No. 37 to Amendment No. 1 (Change Order No. 37) authorizes labor and materials
necessary to provide a desiccant dehumidifier in conjunction with a high
efficiency dehumidifier unit including electrical infrastructure. In accordance
with Policy and Procedure Memorandum (PPM) CW-F-050, when the cumulative value
for additional work exceeds the greater of 5% or $250,000 of the original
contract value (Threshold Amount) then an agenda item notifying the Board of
the item that puts the cumulative value in the excess category must be
presented as a receive and file. To date, the cumulative value of additive
change orders, including Change Order No. 37, totals $276,295.47. This agenda
item is being submitted to notify the Board that the cumulative value of
changes or additional work is in excess of the $250,000 Threshold Amount
established by PPM CW-F-050. The CM at Risk Services contract with James B.
Pirtle Construction Company, Inc. dba Pirtle Construction Company was awarded
pursuant to the Small Business Enterprise (SBE) ordinance. The contract
established an SBE participation goal of 15%. There is no SBE participation for
this change order. To date, the SBE participation for this contract is 21.51%.
The CM has an office located in Palm Beach County. This project is funded by
the Infrastructure Sales Tax Fund. (Capital Improvements Division) District
7 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
16. Staff recommends
motion to receive and file: zero-dollar value ($0) Change Order No. 16
Contingency Use Directive (CUD) No. 8 documenting a decrease in the amount of
$41,250.17 to the contingency fund of Amendment No. 1 (R2020-1812) for the
Construction Manager (CM) at Risk Services contract (R2019-0849) with Kaufman
Lynn Construction, Inc. for the Canyon District Park project. SUMMARY: On
December 8, 2020, the Board of County Commissioners (Board) approved Amendment
No. 1 (R2020-1812) to the CM at Risk Services contract (R2019-0849) with
Kaufman Lynn Construction, Inc. in the amount of $10,793,121.02, establishing a
Guaranteed Maximum Price (GMP) for Phase 1 of the Canyon District Park project.
Change Order No. 16 to Amendment No. 1 (Change Order No. 16) authorizes the
manual landscape watering and extended property maintenance for the Canyon
District Park-Phase 1 project. In accordance with Policy and Procedure
Memorandum (PPM) CW-F-050, Lead Departments are authorized to approve $0 Change
Orders associated with a CUD (CUD Change Orders), then an agenda item notifying
the Board of such $0 Change Orders must
be presented as a receive and file. Change Order No. 16 is a $0 CUD Change
Order. This agenda item is being submitted to notify the Board of a $0 CUD
Change Order established by PPM CW-F-050. The CM at Risk Services contract with
Kaufman Lynn Construction, Inc. was awarded pursuant to the Small Business
Enterprise (SBE) ordinance; however, the GMP was subject to the requirements of
the Equal Business Opportunity (EBO) ordinance since it was established after
January 1, 2019. On October 16, 2019, prior to subcontractor advertisement and
bidding, the Goal Setting Committee applied an Affirmative Procurement
Initiative (API) to the construction subcontracts of 25% SBE participation, of
which 3% must be a Minority Business Enterprise (MBE) African American or
Hispanic American. There is no SBE participation for this Change Order. To
date, the cumulative SBE participation on this contract is 25.21% with 2.88%
MBE participation. Kaufman Lynn Construction, Inc. is a Palm Beach County
business. The funding source for this project is the Infrastructure
Sales Tax (IST) Fund. (Capital Improvements Division) District 5
(MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
17. Staff recommends
motion to receive and file: Change Order No. 8 to Amendment No. 1
(R2021-1793) to the Construction Manager (CM) at Risk Services contract
(R2019-1751) with Kast Construction Company LLC in the amount of $44,044.22 for
the Supervisor of Elections (SOE) Production Facility project. SUMMARY: On
November 19, 2019, the Board of County Commissioners (Board) approved the CM at
Risk contract (R2019-1751) with Kast Construction Company LLC for construction
management services for the SOE Production Facility project. On December 7,
2021, the Board approved Amendment No. 1 (R2021-1793) in the amount of
$53,206,963, establishing a Guaranteed Maximum Price (GMP) for the construction
of approximately 156,000 square feet of office and warehouse space which will
house the SOE administrative office and production facility operations; a
multi-story parking garage of approximately 146,000 square feet and additional
surface parking for both public and staff use; including all the associated
site infrastructure improvements required to support both buildings. Change
Order No. 8 to Amendment No. 1 (Change Order No. 8) authorizes labor and materials
necessary to lower the garage footer, change light poles, add signage, infill
window opening and add a convertor to Modbus. In accordance with Policy and
Procedure Memorandum (PPM) CW-F-050, when the cumulative value for additional
work exceeds the greater of 5% or $250,000 of the original contract value
(Threshold Amount) then an agenda item notifying the Board of the item that
puts the cumulative value in the excess category must be presented as a receive
and file. To date, the cumulative value of additive change orders, including
Change Order No. 8, totals $274,801.53. This agenda item is being submitted to
notify the Board that the cumulative value of changes or additional work is in
excess of the $250,000 Threshold Amount established by PPM CW-F-050. The
solicitation for a CM was advertised on July 21, 2019 according to the
requirements of the Equal Business Opportunity (EBO) ordinance. The CM has
partnered with All-Site Construction Inc., a Minority Business Enterprise (MBE)
CM for services in an amount no less than 15% of the CM fees. On July 21, 2021,
the Goal Setting Committee established an Affirmative Procurement Initiative
(API) of 20% Small Business Enterprise (SBE) participation for the construction
phase of the project, of which 8% must be African American or Hispanic American
firms. SBE participation for this change order is 28.30%. There is no African
American or Hispanic American SBE participation on this change order. To date,
the SBE participation for this contract is 23.50%, of which 9.35% is African
American or Hispanic American participation. The CM is a Palm Beach County
Business. This project is funded by the 51.05M NAV Pub Imp Rev Bonds, 21A, CP,
SOE Bldg. Fund. (Capital Improvements Division) District 7 (MWJ
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
18. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 9 to
the architectural/professional services contract (R2017-0594) with Leo A. Daly
Company (Consultant) in the amount of $246,417 for the Palm Beach Sheriff’s
Office (PBSO) Headquarters Renewal/Replacement/Renovation (R/R/R) project. SUMMARY:
On May 2, 2017, the Board of County Commissioners (Board) approved the
architectural/ professional services contract (R2017-0594) with the Consultant
to provide architectural/professional services for the PBSO Headquarters R/R/R
project. Under CSA No. 9, the Consultant will provide the professional services
(i.e. design, construction administration services and project close-out
support) necessary for the new PBSO Headquarters Data Center Building at the PBSO
Headquarters site. The existing Data Center, located in Building A at the PBSO
Headquarters, has limited capacity to support the expanded functions required
by PBSO. The new PBSO Data Center Building will be an approximately 3,000
square feet standalone building which will be located on the southeast corner
of the site. This new PBSO Data Center Building is intended to serve as the
primary Data Center with the PBSO Eagle Academy Data Center in Belle Glade
serving as the secondary data center. The architectural/ professional services
contract for the PBSO Headquarters R/R/R project was awarded under the County’s
prior SBE program. The Consultant committed to achieving an SBE goal of 26%.
The SBE participation on this CSA is 28.02%. To date, the SBE participation on
the contract is 40.35%. The Consultant has an office located in Palm Beach County.
The PBSO Headquarters Data Center Building is a new project included as part of
the proposed FY24 budget with a total appropriation of $2.1M. In light of the ongoing delays the
construction industry is facing, Staff is recommending approval of CSA No.9 now
in an effort to keep the project on schedule. Funding for this project is from
the Public Building Improvement Fund. (Capital Improvements Division) District
3 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
19. Staff recommends
motion to approve: a Third
Amendment to Communication Tower Agreement with NCWPCS MLPL 29–Year Sites Tower
Holding LLC, a Delaware limited liability company (NCWPCS) for the
communication tower located at Fire Station No. 15 in Juno Beach, documenting
removal of County equipment, replacing certain exhibits to the agreement,
modifying the process for approval of equipment alterations and updating
standard County provisions. SUMMARY:
On August 22, 2000, the Board of County Commissioners (Board) approved a
30-year Communication Tower Agreement with NCWPCS (f/k/a New Cingular/AT&T)
as amended twice (R2002-1175 and R2011-0610) (collectively, the Agreement) to
construct a 95' flagpole communication tower at Fire Station No. 15 located at
12870 US Highway 1 in Juno Beach for both the County and AT&T use. This
Third Amendment: a) documents the removal of County equipment; b) replaces
Exhibit “C” “Tower Antenna and Frequency List” with Exhibit “C” “Antenna
Elevation” updating the tower height to 78 feet; c) modifies Exhibit “D” “Tower
Antenna and Frequency List”; d) provides for the Facilities Development and
Operations department, Electronic Services and Security Division to approve
alterations to antenna equipment; e) requires AT&T to continue to be
responsible, and perform all modifications to the Tower needed to support said
Alterations, at its sole cost and expense; and f) updates and adds County
standard provisions. NCWPCS has demonstrated that these modifications will not
adversely affect the structural capacity of the Tower. All other terms of the
Agreement remain unchanged. There is no fiscal impact associated with approval
of this item. The agreement will
continue to be administered by Facilities Development and Operations
department. (Property & Real Estate
Management) District 1 (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
20. Staff recommends
motion to approve: a Ninth Amendment to Communication Tower Joint Use
Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company
(AT&T) for the County’s communication tower site located at Forest Hill
Boulevard and the Turnpike, replacing certain exhibits to the agreement,
modifying the process for approval of equipment alterations and updating
standard County provisions. SUMMARY:
On July 16, 1996, the Board of County Commissioners (Board) approved the
30-year Communication Tower Joint Use Agreement for the Forest Hill Tower site
(R96-972D), as amended multiple times (R2002-0767, R2003-1068, R2006-0352,
R2006-0855, R2008-1477, R2012-0888, R2015-1704 and R2018-1364) (collectively,
the Agreement). Both the County and AT&T co-locate on this County-owned
tower. This Ninth Amendment allows AT&T to: a) replace Exhibit “C” “Tower
Antenna Configuration” with Exhibit “C” “Tower Loading Diagram”; b) replace
Exhibit “D” “Frequency List” with Exhibit “D” “Forest Hill Tower Antenna
Schedule”; c) provides for Facilities Development and Operations
department, Electronic Services and
Security Division to approve alterations to antenna equipment; d) requires
AT&T to continue to be responsible, at its sole cost and expense, for
maintenance of the tower and equipment shelter; and e) updates and adds County
standard provisions. AT&T has demonstrated that these modifications will
not adversely affect the structural capacity of the Tower. All other terms of
the Agreement remain unchanged. There is no fiscal impact associated with
approval of this item. The agreement will continue to be administered by the
Facilities Development and Operations department. (Property & Real Estate Management) District
3 (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
21. Staff recommends
motion to approve: a US Army Corps of Engineers (USACE) Consent to
Easement (Easement) to improve the existing boat ramp and replace the existing
docks at Bert Winters Park (Park) located at 13245 Ellison Wilson Road in Juno
Beach. SUMMARY: The Park is in the process of being
redeveloped, including improvements to the existing boat ramp and the
replacement of the docks (collectively referred to as “Boat Facilities”) for
the safe use by the public. As the Boat
Facilities are partially located within the right-of-way of the Intracoastal
Waterway, USACE requires an Easement prior to construction. The Easement is a standard federal form and
requires the County agree to limitation of liability language that deviates
from the County’s standard requirements.
The limitation of liability provides that the USACE will not be
responsible for damages to property or injuries to persons that may arise from
or be incident to the exercise of the privileges granted in the Easement,
arising from USACE activities on or in the vicinity of the easement
property. Additionally, the County will
hold the USACE harmless from any and all claims. Due to business needs and after advising the Department accordingly, in
accordance with PPM CW-F-049, approval has been granted by the Department of
Risk Management and the County Attorney’s Office to move the Easement forward
for Board of County Commissioner approval. This Easement will be granted with no charge and will supersede and
terminate the prior USACE Consent to Easement granted to Palm Beach County in
1991. This item has no fiscal impact.
(Property & Real Estate Management) District 1 (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
22. Staff recommends
motion to:
A) ratify
the Mayor’s signature on Roger Dean Chevrolet Stadium (RDCS) Renovation Project
(Project) development period reports (Development Reports) No. 1 and No. 2 to the Department of Economic
Opportunity (DEO); and
B) authorize the Mayor to
execute future Development Reports and annual reports as required under the
Spring Training Facility Funding Agreement (R2023-0367) (State Funding
Agreement).
SUMMARY: On March 14, 2023, the Board of County Commissioners (Board) approved
the State Funding Agreement with the DEO for the RDCS Renovation Project. The
State Funding Agreement provides $50,000,000 of State Funding under Section 288.11631,
Florida Statutes, over a 25 year period for the RDCS Renovation Project. Under the terms of the State Funding
Agreement, the County must furnish annual reports and, during the development
period, must submit periodic Development Reports to the DEO. The Development
Reports detail the status of the RDCS Renovation Project and the funds expended
to date on the RDCS Renovation Project. The annual reports will include an
accounting of all local and state funds expended to date, a cost-benefit
analysis of the franchises’ impact on the County, a list of material contracts
with an estimated cost greater than $250,000 executed in furtherance of the
State Funding Agreement, reports on attendance and advertising efforts at RDCS,
and documentation demonstrating that the County continues to meet its
certification criteria pursuant to Section 288.11631, Florida Statutes, and
remains in compliance with Section 288.11631, Florida Statutes. For the annual reports and the Development
Reports, the Mayor must certify that all information and documentation
contained in the reports are true and correct. Development Report No. 1 is for
the period beginning March 30, 2023 through April 28, 2023 and Development
Report No. 2 is for the period from April 29, 2023 through July 27, 2023. Since
submitting the Development Reports and the annual reports will be an ongoing
requirement, staff recommends the Board authorize the Mayor to sign future
Development Reports and annual reports as required under the State Funding
Agreement. (FDO ADMIN) District
1/Countywide (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
23. Staff recommends
motion to:
A) adopt a Resolution authorizing an extension
of the Concessionaire Lease Agreement with SW Hospitality Group LLC, a
Florida Limited Liability Company; and
B) approve a Third Amendment to Concessionaire Lease
Agreement with SW Hospitality Group LLC, a Florida Limited Liability Company, to
retroactively extend the term of the Agreement to July 24, 2024.
SUMMARY: On July 25, 2019, the Board of County Commissioners (Board) approved a
Concessionaire Lease Agreement with Osprey Point Restaurant Management, LLC
(R2019-1060) for a term of three (3) years plus two 2-year options to
extend. On August 17, 2021, the Board
approved the First Amendment (R2021-1075) approving change in ownership from
Osprey Point Restaurant Management, LLC to Thoroughbred Holdings, LLC. The term of the Concessionaire Lease
Agreement with Thoroughbred Holding, LLC expired July 24, 2022 during
negotiations to sell the business to SW Hospitality Group, LLC (SW
Hospitality). SW Hospitality acquired
the business on September 1, 2022, which did not allow time to exercise the
option to extend. Staff obtained and reviewed documentation finding that SW
Hospitality has demonstrated financial viability and preparedness to provide
comparable concession services to that provided by the previous concessionaire. On April 18, 2023, the Board approved the
Second Amendment (R2023-0496) approving the change of ownership from
Thoroughbred Holdings, LLC to SW Hospitality.
At that time, Staff inadvertently omitted approval of the exercise of
first renewal option by SW Hospitality. This Third Amendment retroactively
extends the Concessionaire Lease Agreement from July 25, 2022 to July 24,
2024. All other terms and conditions of
the Agreement remain unchanged. The
Parks and Recreation Department (Parks) will continue to have administrative
responsibility for the Concessionaire Lease Agreement. (Property & Real
Estate Management) District 5 (HJF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: the
nomination of Robin Henderson as Chairperson of the Housing Finance Authority
of Palm Beach County, Florida (Authority), for the term of August 22, 2023
through August 21, 2024. SUMMARY: Staff recommends Board of County
Commissioners’ (BCC) approval of the nomination of Robin Henderson as
Chairperson of the Authority. At their
regular meeting of July 7, 2023, the Authority Board nominated Mrs. Henderson
as its Chairperson to serve a second and final term of one (1) year in
accordance with Ordinance No. 2002-022, as amended. This Ordinance requires the nomination of the
Chairperson to be submitted to the BCC for approval. Countywide (HJF)
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: appointment of one applicant and reappointment of one applicant to
the Building Code Advisory
Board (BCAB).
Of PBC (BOAPBC)
Reappointment
Kristin K. Materka 12 Architect American
Institute of 8/22/23 –
8/21/26
Architect, PB Chapter
Summary: The Building Code
Advisory Board (BCAB) was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for board members is three years with no limit to the
number of terms a member may serve. The Board is comprised of 16 members; one
registered architect appointed from nominees submitted by the Palm Beach
Chapter of the American Institute of Architects (AIA); one professional
engineer appointed from nominees submitted by the Palm Beach Chapter of the
Florida Engineering Society (FES); seven members appointed from nominees
submitted by any recognized regional industry trade association; and seven
Building Officials, one from each commission district, appointed from nominees
submitted by the Building Officials Association of Palm Beach County (BOAPBC).
This Advisory Board has 16 seats, 10 currently filled and 6 vacancies, and a
diversity count of Caucasian: 8 (80%), Asian-American: 1 (10%) and
Hispanic-American: 1 (10%). The gender ratio (male: female) is 9:1. The nominees are Caucasian male and Caucasian
female. Staff has addressed the need to increase diversity within our boards
and will continue to encourage this in an effort to expand the Boards
diversity. Countywide (RM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING (cont’d.)
2. Staff recommends motion to approve: appointment of one applicant and reappointment of two applicants
to the Construction Board of Adjustments and Appeals (CBAA).
Appointment Seat Requirement
Term Nominated by
William
Reicherter 3 Electrical Contractor 08/22/23 - 08/21/26
Comm. M. Woodward
Reappointment
Jessica
Dornblaser 4 Architect 08/22/23 -
08/21/26 Self nominated
Steven
E. Markel 6 HVAC Contractor 08/22/23 - 08/21/26 Self nominated
Summary: The Construction Board of Adjustment and Appeals (CBAA) was established by Palm Beach County Ordinance 89-31 and amended in
2002. The term of office for Board members is
three years, with a limit of three consecutive three-year terms. The Board is
comprised of nine
regular members: one architect; one engineer; two Division 1 contractors (general,
building, or residential); one electrical contractor; one HVAC contractor;
one
plumbing contractor; a member at large from the public; and any other contractors licensed category. In addition to
these members, there should be two alternate members: one member with the qualifications referenced above; and one member at large from the public. The Board has 11 seats,
7
currently filled and 4 vacancies, and a diversity count of Caucasian: 5(72%),
African-American: 1 (14%) and Hispanic: 1 (14%). The gender ratio (male:
female) is 6:1. The nominees are two Caucasian males and one
Caucasian female. Staff has addressed the need to increase diversity within our boards and
will continue to encourage this in an effort to expand the Boards
diversity. Countywide (RM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Supplement 1 to the Consultant Services
Authorization (CSA) No. 5 to the Consulting/Professional Services for General
Utility, Architectural and Value Engineering Services Contract (Contract) with
Chen Moore and Associates, Inc. (Consultant) for the Torry Island Force Main
Improvements (Project) for a not to exceed amount of $132,449.22. Summary:
On December 15, 2020, the Board of County Commissioners approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2020-1891) with
Consultant. Supplement 1 to the CSA No. 5 provides for professional consulting
services relating to additional topographic survey, construction inspection
services and post-construction monitoring and emergency services to meet the
South Florida Water Management District (SFWMD) permit conditions associated
with the force main interim repairs downstream of the Torry Island lift
station. This Contract was procured under
the requirements of the Equal Business Opportunity Ordinance. On October 2,
2019, the Goal Setting Committee applied an Affirmative Procurement Initiative
of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal and an
evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified African American owned firms. . The Contract provides for 27.00% SBE
participation, which includes 17.00% MBE participation, 17.00% MBE (B).
Supplement 1 to the CSA No. 5 includes 30.73% SBE participation, which includes
30.73% MBE participation, 30.73% MBE (B). The cumulative SBE participation
including Supplement 1 is 25.99% SBE participation, which includes 11.46% MBE
participation, 9.95% MBE (B). Consultant is headquartered in Fort Lauderdale,
Florida, but maintains an office in Palm Beach County from which the majority
of the work will be undertaken. The Project
is included in the PBCWUD FY23 budget. (PBCWUD Project No. 21-063) District
6 (MWJ)
2. Staff recommends motion
to approve: an Easement Agreement for a non-standard Utility Easement (Easement) in
the amount of $5,000 granted by Cemex Construction Materials Florida, LLC
(Cemex) to Palm Beach County (County) on property located at 400 SW 16th
Street, Belle Glade, Florida. Summary: The proposed alignment of a force main transmission main designed by the
County crosses a private property owned by Cemex.
The easement property serves for the production of ready mix concrete. Cemex agreed to enter into an Easement Agreement
and grant County an Easement to construct, access, maintain and repair County’s
utility facilities in exchange for payment of $5,000 and certain changes to the
County’s standard easement. Under the non-standard provisions of the Easement,
County acknowledges that the affected area will be restored to equal or better
condition and that traffic access will be maintained at all times. The
construction will be coordinated with Cemex. Cemex
will retain the right of continuing use of the Easement area as an access and
other use, which does not impede County’s rights spelled out in the Easement.
(PBCWUD Project No. 20-026) District 6 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
3. Staff recommends
motion to approve: a Contract for the Lucerne Lakes Valves and Valve Replacement
(Project) with Foster Marine Contractors, Inc. (Contractor) in the amount of
$1,496,834. Summary: On April 5, 2023, the Palm Beach County
Water Utilities Department (PBCWUD) received one (1) bid for the Project.
Contractor was determined to be the lowest responsive and responsible bidder in
the amount of $1,496,834. The
Project provides for all materials, labor, supervision, equipment, supplies,
fees, expertise, and services necessary for the installation of 16 large
diameter valves within Lucerne Lakes’ residential community and throughout
PBCWUD’s service area. The construction services generally consist of the
installation of valves on water mains, force mains, and all associated
appurtenances. This Project was procured
under the requirements of the Equal Business Opportunity Ordinance. On February
1, 2023, the Goal Setting Committee
applied an Affirmative Procurement Initiative (API) of a minimum mandatory 12%
Small Business Enterprise (SBE) subcontracting participation. Contractor has met the established API. The Contract provides for 29.44% SBE
participation. Contractor is a Palm Beach County based company. The
Project is included in the PBCWUD FY23 budget.
(PBCWUD Project No. 21-011) Countywide (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
4. Staff recommends
motion to approve:
A) Change Order (CO) No. 7 with All Webbs
Enterprises, Inc., (Contractor) for the Water Treatment Plant (WTP) Nos. 2, 3,
8, and 9 System-Wide Wellfield Improvements Project Phase 2 (Project) in the amount of $145,928 and for a Contract
project time extension of 793 calendar days; and
B) Supplement No. 1 to the Consultant Services
Authorization (CSA) No. 2 to the Consulting/Professional Engineering Utility
Hydrogeologic and Water Resources Engineering Services (Professional Services
Contract) with JLA Geosciences, Inc., (Consultant) for Professional Services
for Additional Engineering Design, Permitting, and Construction Phase Services
in the amount of $0 and for a project time extension of 150 calendar days.
Summary: On January 6,
2016, the Board of County
Commissioners (BCC) approved a Professional Services Contract (R2016-1776) with
Consultant. On July 10, 2018, the BCC awarded a Contract (R2018-1017) to Contractor in
the amount of $6,247,790 to rehabilitate
four (4) surficial production wells located in Delray Beach and West Palm Beach
and the replacement of six (6) surficial production wells located in West Palm
Beach and Boca Raton. During Building Department permit close-out of two (2)
wells located in West Palm Beach, it was discovered that four (4) electrical
panels did not meet the minimum flood elevations required by the Unified Land
Development Code Article 18, Section 18.B.3.D.
PBCWUD negotiated a settlement letter in which Consultant would provide
detailed design, permitting, engineering and inspection services during
construction to raise the bottom elevations above the minimum flood elevation.
This work will be performed by issuing a zero-dollar cost Supplement for CSA
No. 2. As per the settlement letter with
Consultant, fees associated with CO No. 7 by Contractor shall be reimbursed by
Consultant under CSA 2.1 and shall be provided at zero-cost to the County by
Consultant. Districts 2 and 5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
5. Staff recommends
motion to:
A) approve the Agreement No 4600004795 with the South Florida Water Management
District (SFWMD) in the amount of $5,000,000 for the Green Cay Wetlands 2 mgd Indirect
Potable Reuse Project - Water Purification Treatment Plant, 2.3 miles Reclaimed
Water main, and 4 Surficial Aquifer Wells (Project);
The agreement is
effective as of the date of execution by the Board of County Commissioners and
ends March 31, 2026;
B) authorize
the County Administrator, or
designee, to execute standard grant agreements, amendments, and all other
documents necessary of the grant award that do not substantially change the scope of work, terms or conditions
of the agreement; and
C) approve a $5,000,000 Budget Amendment in the Water Utilities Department Capital Improvement Fund to establish budget for the grant.
Summary: The SFWMD has allotted $41.5
million to assist local governments, public and
private water providers, and other entities with construction and/or
implementation of alternative water supply (AWS) or water conservation through
the Cooperative Funding Grant Program. This is a portion of the Palm Beach
County Water Utilities Department’s (PBCWUD) Green Cay Phase 2 Project. The
Project funding will include excavation, clearing, and grubbing of the
site locations for the Water Purification Facility (WPF) and the lake at Green
Cay Park; construction of foundations for the WPF and the Chemical Containment
buildings including pipe trenches and erosion control measures; purchase and
installation of water mains, WPF yard piping; and installation of electrical
duct bank at the WPF. The objectives of the Project are to produce purified
water that will be conveyed to the lakes at the park for recreational use and
recharge the aquifer. The Project is included in the PBCWUD FY23 budget.
(PBCWUD Project No. 20-036) The $5,000,000 grant requires a $5,000,000
(50%) match which will be funded from a one-time expenditure from Water
Utilities user fees, connection fees and balance brought forward. The agreement contains indemnification and
liability provisions that differ from that adopted for use by the County under
PPM CW-F-049. In accordance with PPM CW-F-049, Risk Management and the
County Attorney’s Office have reviewed the language and advised the PBCWUD of
the associated risks. Due to business needs and the benefits to be
derived from the Agreement, Risk Management and the County Attorney’s Office
have agreed to allow PBCWUD to move the agreement forward for Board of County
Commissioner approval. District 5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
6. Staff recommends
motion to:
A) Supplement No. 2 to Work Authorization (WA) No. 7, to the Optimization and Improvements
Design-Build (Contract) with Cardinal Contractors, Inc., (Design-Build Entity)
for the Water Treatment Plant (WTP) No. 3 and Southern Region Operations Center
(SROC) Electrical Improvements (Project) in the amount of $858,884.28; and
B) A $350,000 Budget Transfer in the Water
Utilities Department Capital Improvement Fund (Fund 4011) reallocated from Lake
Region Water Treatment Plant Budget (Unit W026) to establish budget for the
project.
Summary:
On
January 15, 2019, the Board of County Commissioners approved the Palm Beach
County Water Utilities Department (PBCWUD) Contract (R2019-0100) with Design-Build
Entity. WA No. 7 provides for the design
and construction of electrical improvements at WTP No. 3 and SROC including the
replacement of the existing Deep Injection Well (DIW) switchgear, the
replacement of the existing SROC switchboard as well as additional related
electrical improvements to improve system reliability. Supplement No. 2 is for
the design and construction of a 99-foot tall monopole system and antenna to
meet all permitting criteria, electrical codes, as per the Palm Beach County
Department of Planning, Zoning & Building Department requirements. This
Contract was procured under the requirements of the 2002 Small Business
Enterprise (SBE) Ordinance (R2022-0064) prior to the adoption of the new Equal
Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established by the
2002 SBE Ordinance was 15% overall participation. The Contract provides for 31% SBE
participation, which include 21% MBE participation, 16% MBE (H) and 5% MBE
(O). Supplement No. 2 includes 36.11%
SBE participation which includes 7.15% MBE participation, 1.28% MBE (H) and
5.87% MBE (O). The cumulative SBE participation including Supplement No. 2 to
WA No. 7 is 41.95% SBE participation which includes 14.01% MBE participation,
0.10% MBE (H), 5.61% MBE (O) and 8.30% MBE (B). Contractor is headquartered in
Sunrise, Florida, but maintains an office in PBC from which the majority of the
work under this WA will be undertaken. The Project is included in the PBCWUD
FY23 budget. (PBCWUD Project 21-054) District
5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
7. Staff recommends
motion to receive and file: Four (4) executed Standard Potable Water and
Wastewater Development Agreements for the month of April 2023 and the month of
May 2023:
A) Standard Potable Water and Wastewater Development
Agreement with Haverhill Three, LLC, SDA #01-01279-000 (District 2), Recorded
in OR BK 34300 PG 1543;
B) Standard Potable Water and Wastewater Development
Agreement with R-Hearthstone Lot Option Pool 03, L.P., SDA #02-01172-000
(District 3), Recorded in OR BK 34300 PG 1553;
C) Standard Potable Water
and Wastewater Development Agreement with West Atlantic Business Plaza IIA, LLC
and West Atlantic Business Plaza IIB, LLC, SDA #09-01102-000 (District 5),
Recorded in OR BK 34253 PG 1257; and
D) Standard Potable Water
and Wastewater Development Agreement with Pebb Atlantic II, LLC and Socro, LLC,
SDA #09-01104-000 (District 5), Recorded in OR BK 34300 PG 1563.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants/ procurement items must be submitted by the
initiating Department as a receive and file agenda item and are attached unless
the documents have been recorded in the Public Records of Palm Beach County.
The documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and
R2003-0539 and are now being submitted to the BCC to receive and file. Districts
2, 3, & 5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
8. Staff recommends
motion to approve: a Contract for the Western Region Wastewater Treatment
Facility Operations Building Progressive Design-Build (Contract) with
Wharton-Smith, Inc. (Design-Build Entity) in the amount of $1,925,295. Summary: The Contract will provide for Phase 1 pre-construction and future Phase 2
construction services for the Western Region Wastewater Treatment Facility
Operations Building (Project). The Project consists of the design and
construction of a new two-story Operations Building, an electrical
building/room housing 480 volt switchgear and motor control centers, relocation
of existing buried pipelines, a new entry way and parking lot, demolition of
the existing Operations Building and associated clearwell, and miscellaneous
process improvements. Phase 1 pre-construction services include
consulting/professional engineering, surveying, permitting, design, stakeholder
outreach, grant compliance, scheduling, cost estimating and preparation of the
Guaranteed Maximum Price (GMP) to construct the Project. The GMP will provide
for all of Phase 2’s construction and construction services to build the
Project. Once finalized, the GMP will be presented to the Board of County Commissioners
for approval through a future amendment to this Contract. On February 7, 2023, the Board of County
Commissioners approved the Standard Grant Agreement 22FRP71 (R2323-0169) for $7,707,222.30 in grant funding from the
Florida Department of Environmental Protection Resilient Florida Grant Program
(Resilient Grant). Per the March 2, 2022 Goal Setting Committee meeting, an
Affirmative Procurement Initiative is not applicable to the Project as the
Resilient Grant funded project is precluded from requiring the Equal Business
Opportunity Ordinance during the solicitation.
The Design-Build Entity is headquarted in Sanford, Florida and maintains
an office in Palm Beach County from which the majority of the work under the
Contract will be undertaken. The Phase 1
services of the Contract are funded by the Resilient Grant. (PBCWUD Project No.
22-012R) District 6 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
9. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
Contract for Consulting/Professional Services Southern Region Water Reclamation
Facility (SRWRF) Process Improvements (Contract) with Hazen and Sawyer, P.C.,
(Consultant) for the Southern Region SRWRF Process Improvements Detailed Design
Services (Project) for a not to exceed amount of $3,056,630.83. Summary: On May 18, 2021, the Board of County Commissioners (BCC) approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2021-0690)
with Consultant. CSA No. 2 provides for professional engineering services
relating to detailed design, permitting, and bidding of the Project including
surveying, subsurface utility exploration, geotechnical exploration and the
preparation of construction plans and technical specifications. The Contract
was procured under the requirements of the Equal Business Opportunity
Ordinance. On August 20, 2020 the Goal Setting
Committee applied an Affirmative Procurement Initiative of a minimum mandatory
20% Small Business Enterprise (SBE) subcontracting goal and evaluation
preference for up to 15 points based upon the relative level of dollar
participation by certified African American owned firms. The Contract provides for 29.50% SBE
participation, which includes 29.0% M/WBE participation, 19.50% MBE (B), 0.50%
MBE (H), 0.50 WBE, and 8.50% MBE (A).
CSA No. 2 includes 17.71% SBE participation, which includes 17.71% M/WBE
participation, 3.47% MBE (B), and 14.24% MBE (A). The cumulative SBE
participation including CSA No. 2 is 17.13% SBE participation, which includes
17.13% M/WBE participation, 3.06% MBE (B) and 14.07% MBE (A). While the
Consultant is headquarted in New York, New York, they maintain an office in
Palm Beach County from which the majority of the work under this Contract will
be performed. The Project is included in
the PBCWUD FY23 budget. (PBCWUD Project
No. 21-052) District 5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
10. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 9 to the Consulting/Professional Utility
Distribution & Collection System Engineering Services (Contract) with C
Solutions, Inc. (Consultant) for Engineering Services During Construction for
Kings Point Flanders and Capri Water Main Replacement (Project) for a not to
exceed amount of $204,672. Summary:
On December 15, 2020 the Board of County Commissioners approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2020-1896) with
Consultant. CSA No. 9 provides for professional engineering services during
construction for the replacement of approximately 19,000 linear feet of water
main varying in size within the Flanders and Capri Subdivisions, located in
Kings Point residential community in Delray Beach. Services include, but are
not limited to, construction management services, field observations, project
administration and review of deliverables. This Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On October 2, 2019,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a
minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and
an evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified SBE firms.
The Contract provides for 83.00% SBE participation which includes 78.00%
MBE participation, 76.00% MBE (B), 1.00% MBE (H), and 1.00% MBE (A). CSA No. 9 includes 100% SBE participation,
which includes 100% MBE participation, 100% MBE (B), 0.00% MBE (H), and 0.00%
MBE (A). The cumulative SBE participation including CSA No. 9 is 87.01% SBE
participation, which includes 70.63% MBE participation, 70.63% MBE (B), 0.00%
MBE (H), and 0.00% MBE (A). Consultant is a Palm Beach County based company.
The Project is included in the PBCWUD FY23 budget. (PBCWUD Project No. 21-034) District
5 (MWJ)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: Amendment No. 1 to the State of Florida, Department of Environmental
Protection (FDEP) Agreement No. 21PB13 (Agreement) for reimbursement of the
South Jupiter Feasibility Study (Study).
Amendment No. 1 expands the eligible reimbursement period to May 1,
2017, and the termination date to December 31, 2024. Summary: On August
17, 2021, the Board of County Commissioners (BCC) approved the Agreement
(R2021-1108) providing for reimbursement from FDEP of up to $133,292 for the
Study. Additionally, delegated authority to execute all future time extensions,
task assignments, certifications, and any other forms associated with the
Agreement was approved at that time. Amendment No. 1 modifies the eligible
reimbursement period from January 1, 2018, to May 1, 2017, and extends the
termination date from January 1, 2024 to December 31, 2024. The reimbursement
period was changed from January 1, 2018 to May 1, 2017 in order to allow for
FDEP reimbursement of eligible expenses that occurred from May 1, 2017 to
January 1, 2018. Task Order 1377-01 with Olsen Associates was executed by the
BCC May 2, 2017. Between May 2, 2017 and January 1, 2018 $61,049.75 in eligible
expenses were incurred. Without this amendment they would not be reimbursable
by FDEP Grant 21PB13. In accordance with County PPM CW-O-051, all delegated
contracts, agreements, and grants must be submitted by the initiating Department
as a receive and file agenda item. There is no cost to the County. District 1 (SS)
2. Staff recommends
motion to receive and file: Task Assignment Change Order No. 1, to Task Assignment No. PM2,
Contract No. FWC21149 (R2022-0361) with Florida Fish and Wildlife Conservation
Commission (FWC), to decrease funding allocation by $12,000 for fiscal year
2022-2023 for Task PM2. This Change Order No. 1 does not alter the original
completion date of June 30, 2023. Summary: On April 12, 2022, the
Board of County Commissioners approved FWC Contract No. FWC21149 (R2022-0361)
(Contract) for aquatic vegetation control services in the following lakes:
Clarke, Ida, Osborne, and Pine. This Contract facilitates County treatment and
control of aquatic exotic plants within the Chain of Lakes. County work is
based on the need for treatment and is reimbursed by FWC. This year our needs
were reduced by $12,000, which FWC is entitled to recover as unexpended
funding. Delegated authority to execute all future time extensions, task
assignments, certifications, and any other forms associated with this Contract
was approved at that time. In accordance with County PPM CW-O-051, all
delegated contracts, agreements, and grants must be submitted by the initiating
Department as a receive and file agenda item.
There is no cost to the
County. Countywide (SS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
3. Staff recommends
motion to receive and file: Amendment 1 to the State of Florida, Florida Fish and Wildlife
Conservation Commission (FWC) Contract No. 20306 (Contract), for Tarpon Cove
Estuarine Habitat Restoration Project (Project) in the Lake Worth Lagoon (LWL),
in order to amend the Scope of Work with a one-year extension from
June 30, 2023 to June 30, 2024. Summary: On June 15, 2021, the
Board of County Commissioners approved the Contract (R2021-0821) to construct
the Project and authorized the County Administrator, or designee, to sign all
future task assignments and minor amendments that do not substantially change
the scope of work, terms or conditions of the Contract. Amendment 1 provides a one-year extension
from June 30, 2023 to June 30, 2024. To date, the County has received $709,227
in payments from FWC. The extension will allow the County an additional year to
complete the project components to acquire the remaining $290,771 in
reimbursements. In accordance with County PPM CW-O-051, all delegated
contracts, agreements, and grants must be submitted by the initiating
Department as a receive and file agenda item.
There is no cost to the County.
Districts 2 & 7 (SS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
4. Staff recommends
motion to:
A) approve
a Contract with the Lake Worth Lagoon Environmental Defense Fund, Inc.
D/B/A LagoonKeepers.org to provide Marine Debris, Derelict Vessel and Floating
Structure Removal Services (Contract) for an amount not to exceed $525,000,
beginning August 22, 2023 and ending August 23, 2026;
B) adopt a
Resolution authorizing the Clerk of the Court to disburse $98,800 from the
Vessel Registration Fee Trust Fund to cover a portion of the costs associated
with the Contract;
C)
approve a Budget Transfer of $98,800 from Environmental
Enhancement Saltwater Fund (1224) Reserves to fund a portion of the Contract;
D) adopt a
Resolution authorizing the Clerk of the Court to disburse $68,000 from the
Pollution Recovery Trust Fund to cover a portion of the costs associated with
the Contract;
E)
approve a Budget Transfer of $68,000 from Pollution Recovery
Trust Fund (1227) Reserves to fund a portion of the Contract; and
F) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with this Contract, and
any necessary minor amendments that do not substantially change the scope of
work or terms and conditions of the Contract.
Summary: The Board of County Commissioners has previously
approved three three-year contracts with LagoonKeepers.org to provide marine
debris and derelict vessel removal services (R2014-1491, R2017-0565,
R2020-0267). LagoonKeepers.org,
a Florida not-for-profit corporation, will provide derelict vessel and floating
structure removal within County waters, and marine debris removal in ten
restoration and living shoreline projects located within Lake Worth Lagoon,
namely: Osprey Park, Currie Park, South Cove, Tarpon Cove/Monceaux Park, Palm
Beach Resilient Island, Ibis Isles, Grassy Flats, Snook Islands Natural Area,
Bryant Park Wetland, and Jewell Cove.
The total cost to the County is $166,800 for marine debris and derelict
vessel removal, which shall come from funds obtained through the Vessel
Registration Fee Trust Fund and Pollution Recovery Trust Fund. The remaining $358,200 would be funded
through grants or if additional County funds are allocated for derelict vessels
and floating structure removal. Countywide
(SS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
5. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 0089-01 to Contract (R2023-0089), approved on
January 24, 2023 with Coastal Protection Engineering LLC (CPE) for the amount
of $198,911.92, providing for design and permitting services for the Ocean
Ridge Shore Protection Project V (Project). Summary: The Board of
County Commissioners approved the Contract (R2023-0089) with CPE, a Palm Beach
County Small Business Enterprise (SBE), on January 24, 2023. This CSA authorizes CPE to conduct
engineering analysis, biological assessment, and State and Federal permitting
services for the Project. Costs will be
funded by the Beach Improvement Fund through Tourist Development Council bed
tax revenues and are eligible for up to 50% state cost-share. The Contract requires CPE to adhere to 20%
mandatory SBE subcontracting goal as the Affirmative Procurement Initiative.
CPE committed to an overall 75% SBE participation in the Contract. SBE participation for this CSA is 81%. District
4 (YBH)
6. Staff recommends
motion to approve: Change
Order No. 3 for Palm Beach County Sawfish Island Restoration Contract
No. 2021ERM03 (Contract) with Arbor Tree & Land Inc. (ATL) to extend the
Contract by 179 days from March 23, 2023 to September 18, 2023. Summary: On December 7, 2021, the Board of County
Commissioners (BCC) approved the Contract (R2021-1825) with ATL for a term
expiring 210 days from the Notice to Proceed, which was subsequently issued on
June 1, 2022. Change Order No. 1 for a time extension of 85 days was authorized
on December 21, 2022 through the Contract Review Committee. Change Order No. 2
for a time extension of 30 days was authorized on February 24, 2023, under the
authority of the Environmental Resources Management Department Director. Change
Order No. 3 for a time extension increases the existing Contract time modifying
the current Substantial Completion deadline from March 23, 2023 to September
18, 2023. Change Order No. 3 puts the cumulative time extensions over the
120-day threshold. The time extension allows for sufficient time to address
owner-directed changes and minimizes impacts to State-designated Threatened
bird species that nested at the project’s disposal location. There is no cost to the County. District 1 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: a First Amendment to Lease Agreement (R2021-0147)
between Palm Beach County and the YMCA of the Palm Beaches, Inc. for lease of
real property in Lake Lytal Park to comply with state and local ethics codes
allowing for County’s ticket acceptance and attendance at YMCA stakeholder
events. Summary: The First Amendment to the Lease Agreement
(R2021-0147) expands Section 19.22 - Project Publicity, to allow County
representatives reasonable access to key stakeholder events to observe,
encourage, and/or monitor the YMCA’s programs, procedures, operations, or to
discuss the YMCA’s projects with YMCA personnel. To encourage and facilitate County’s
participation in compliance with ethics codes, as part of the consideration for
this Agreement, the YMCA shall provide a reasonable number, as determined by the
County, of complimentary tickets to key stakeholder events during the term of
this Agreement to the County for further distribution to County
representatives. The remainder of the original Lease Agreement shall remain in
full force and effect. District 3 (AH)
2. Staff recommends
motion to receive and file: the following two (2) executed Special
Events Rental Agreements:
A) Full-A-Vybez Inc., for the Florida Jerk Festival
at John Prince Park, from May
26, 2023 through May 31, 2023. This event generated $11,426 in revenue, with
$1,426 in direct expenses; thus providing a net fiscal impact of $10,000; and
B) Sportera Events
USA, Inc., for the MUDGIRL Run Palm Beach at Burt Aaronson South County
Regional Park, from May 15, 2023 through May 23, 2023. This event generated $12,805 in revenue,
with $1,105 in direct expenses; thus providing a net fiscal impact of $11,700.
Summary: These Special Events Rental Agreements have
been fully executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Parks and Recreation Department in accordance with Resolution
R2021-1552. The Department is now submitting these Agreements in accordance
with County PPM CW-O-051, which requires all delegated agreements to be submitted
by the initiating Department to the BCC as a Receive and File agenda item. Districts 3 & 5 (AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to:
A) accept the donation of $145,400, which includes $2,400 for PBC Art in Public
Places (AiPP) fees for assistance with exhibit curation, contract management
and coordination with Risk Management, from the Friends of the Mounts Botanical
Garden, Inc. (Friends) to fund the costs associated with hosting the traveling
art exhibit sculptures known as “Origami in the Garden”, by BoxStudio, LLC.;
and
B) approve
a Budget Amendment in the Cooperative
Extension Revenue Fund (Fund 1482) in the amount of $145,400.
Summary: The Friends
voted for Palm Beach County to host and display Artist Kevin Box’s “Origami in
the Garden” art exhibition at the Mounts Botanical Garden of Palm Beach County
(MBG). The $145,400 donation is to pay the costs associated with hosting the
“Origami in the Garden” exhibit at the MBG from January 7, 2024 through May 12,
2024 and fees associated with AiPP. These costs include payment to the
artist, shipping of the exhibit, installation costs, and AiPP fees. The
AiPP fee of $2,400 includes exhibition curation, Risk Management coordination
and contract administration. District 2 (AH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) Appointment of one new member
to the Criminal Justice Commission for the period August 23, 2023 to December 31,
2025.
|
Appoint Nominee |
Seat No. |
Term to Expire |
Nominated By: |
|
Maria Antuna |
30 |
12/31/2025 |
Economic Council |
SUMMARY: The Criminal Justice Commission (CJC) is comprised of 32 members; 21
public sector members representing local,
state, and federal
criminal justice and governmental agencies; 10 private sector business leaders representing and nominated for
three-year terms by the Economic Council of Palm Beach County, Inc. (Council) and appointed by the Board of
County Commissioners (BCC); and one private sector member representing the clergy who is nominated for a three-year term by a variety of clergy
associations in the County representing a broad-range of faiths, and appointed by the BCC. The Board has 32 seats; 31 seats currently filled and a diversity count of Caucasian: 24 (71%), African-American: 7 (26%), and Hispanic: (0%). The gender
ratio (female: male) is 9:22. The nominee
is a Hispanic female. Countywide (HH)
S. FIRE RESCUE
1. Staff recommends
motion to authorize: the Mayor to execute Certificate to
Non-Ad Valorem Assessment Roll (DR-408A) forms certifying the non-ad valorem
assessment roll for the Municipal Service Benefit Unit (MSBU) for Fire Hydrant
Maintenance and Rental‑Riviera Beach and the non-ad valorem assessment roll
for the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton. Summary: MSBUs for fire
hydrant maintenance and rental for Riviera Beach and Boca Raton were
established in February of 1993, as set out in Chapter 26, Article III of the
Palm Beach County Code. The current rates as established by resolutions are
$52.86 per parcel for Riviera Beach (R2019-1223) and $23.00 per parcel for Boca
Raton (R2008-0239). Every year the assessment roll must be certified by the
Mayor of the Board of County Commissioners, and the State Department of Revenue
(DOR) form DR-408A must be signed by the Mayor for each MSBU in order for the
assessment to be included on the property’s annual tax bill. These forms and
the tape of the assessment rolls must be submitted to the Tax Collector no
later than September 15 of each year.
Districts 4, 5 & 7 (SB)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
T. HEALTH DEPARTMENT
1. Staff recommends
motion to:
A) adopt a resolution authorizing the Department
of Health, Palm Beach County (Health Department), Division of Environmental
Public Health to utilize funds from the Pollution Recovery Trust Fund (PRTF)
for the purpose of installing a redundant auxiliary power source for our
certified water laboratory, and
B) approve a Budget Transfer of $83,183 from
Pollution Recovery Trust Fund Reserves to the Department of Health Palm Beach
County for the installation of a redundant auxiliary power source for our
certified water laboratory.
Summary: This resolution
authorizes the transfer of $83,183 from the Pollution Recovery Trust Fund to
the Department of Health Palm Beach County for the installation of a redundant
auxiliary power source for our certified water laboratory. Countywide
(HH)
2. Staff recommends
motion to adopt:
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
adopting the FY 2023/2024 budget for the Air Pollution Control Program. Summary:
This Resolution is required by the August 21, 1984, Agreement with the
Department of Health Palm Beach County (DOHPBC) to establish the annual budget
for the expenditure of fees deposited into the Air Pollution Control Trust
Fund. This Program is solely supported by motor vehicle license registration
fees. The proposed FY 2023/2024 budget for the Air Pollution Control Program
from this funding source is $1,033,307, which is a 3.92% increase from the
current year budget. This increase is partially due to the rise of indirect
costs. This budget can be accommodated by future revenues and a surplus in the
Air Pollution Control Trust Fund. Countywide (HH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: a First Amendment to the Master Agreement with Comcast which revises some
of the terms and conditions of the Master Agreement. SUMMARY: On July 11, 2023, the Board of County Commissioners (BCC) approved a
Master Agreement with Comcast for the provision of network services
(R2023-0959). Comcast required the
County to agree to a limitation of liability that deviates from the County’s
standard requirements. Due to business
needs and after advising the Department accordingly, in accordance with PPM
CW-F-049, approval has been granted by the Department of Risk Management and
the County Attorney’s Office to move the Agreement forward for Board of County
Commissioner approval. The limitation of
liability limits Comcast’s liability to the sum total of payments made by
County to Comcast during the nine (9) months
immediately preceding the event for which damages are claimed. This limitation does not apply to Comcast’s
indemnification obligations and claims for damage to property or personal
injuries arising out of the negligence or willful misconduct of Comcast while
on County service location. Comcast cannot make changes directly to their Master
Agreement, so the First Amendment is to revise some of the terms and conditions
in which the County and Comcast have agreed upon changing in the Master
Agreement. Countywide (AH)
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: First amendment to the Contract for
Professional Consultation and Emergency Services in the areas of veterinary
medicine with Veterinary Emergency Group, LLC for relief veterinary services at
their facility (R2022-1383) increasing the contract by $60,000 for a not to
exceed amount of $120,000 for the period November 15, 2022 through November 14,
2023. Summary: The Animal Care and Control Division (ACC) is
required to provide appropriate and necessary veterinary services for sheltered
animals. The contract with Veterinary Emergency Group, LLC enables ACC to
provide overnight, after hours emergency veterinary response. The demand for veterinary staff to work
after-hours is already high and this contract minimizes overnight after-hour
response, which is frequent. The
contract amendment does not change the scope of work; however, is necessary to
cover the increased activity as staffing shortages continue. Countywide (SF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
2. Staff recommends
motion to:
A) receive and file: Notice of Contract Termination of
Contract for Consulting/Professional Service with the Child Protection Team of
Palm Beach, Inc. to provide medical evaluations for children 0-17 years of age
who are alleged victims of abuse, neglect, and/or abandonment. (R2022-1300);
and
B) approve: Contract for Consulting/Professional Services with Camelot
Community Care, Inc. to provide medical evaluations for children 0-17 years of
age who are alleged victims of abuse, neglect, and/or abandonment for the
period retroactive to August 1, 2023 through September 30, 2026 for a not-to-exceed
contract amount of $832,500.
Summary: Effective June 30, 2023, the
Florida Department Health ended the contract with the Child Protection Team of
Palm Beach, Inc. (CPT) and entered into a new contract with Camelot Community
Care, Inc. to provide medical evaluations for children 0-17 years of age who
are alleged victims of abuse, neglect, and/or abandonment, and are referred by
law enforcement, the Department of Children and Families, and/or the court. CPT
will transition all services to Camelot Community Care, Inc., by July 31, 2023.
The contract is retroactive to August 1, 2023 so that Camelot can seek
reimbursement for exams completed prior to Contract approval by the Board on
August 22, 2023. The County previously
contracted with CPT (R2022-1300) and is terminating that contract effective
July 31, 2023 as CPT will no longer be funded by the State to perform medical
evaluations on children. This new contract with Camelot Community Care, Inc.
provides funding for medical evaluations for up to 875 children, per fiscal
year, who reside in Palm Beach County. This service will be based on a rate of
$300 per exam for a not-to-exceed amount of $45,000 for the remainder of fiscal
year 2023. The exam rate of $300 remains the same from CPT to Camelot Community
Care, Inc. The remaining years of the
contract include a not-to-exceed amount of $262,500 per fiscal year. A medical evaluation is defined as a complete
history and physical examination of a child.
Forensic medical evaluations for children who are alleged victims of
sexual abuse are excluded from this contract as those exams are funded by the
Office of the Attorney General. Countywide
(RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
3. Staff recommends
motion to approve: a
Contract for Professional/Consultation Services in the area of veterinary and
medical services with Humane Society of Greater Jupiter/Tequesta, Inc. dba
Furry Friends Adoption, Clinic & Ranch (Furry Friends) for
spaying/neutering at risk cats as part of the Countdown 2 Zero (C2Z) initiative
in an amount not to exceed $75,000 beginning August 22, 2023 through August 21,
2024 with automatic renewals for three additional one-year terms. Summary: Spaying/neutering at risk animals is part of
the overall C2Z program to reduce and/or eliminate euthanasia of adoptable
animals. The County currently has one
contract each with Peggy Adams Animal Rescue League (PAARL), Tri-County Humane
Society, Inc. and Barky Pines for outsourcing sterilization services. A contract with Furry Friends will sterilize
at-risk cats in the north county area to include spaying/neutering, receiving
analgesia for post-operative support, microchipping, applying topical and
injectable parasiticides, vaccinating against rabies and Feline Viral
Rhinotracheitis, Calcivirus, and Panleukopenia (FVRCP), and marking with ear
tipping and abdominal tattooing. Once at
risk cats are sterilized, microchipped, vaccinated/treated and ear tipped and
tattooed, they are returned to their original location by community cat
caregivers, volunteers, or Furry Friends.
This contract will provide sterilization services to 1,000 cats at $75
per cat. Countywide (SF)
4. Staff recommends
motion to approve: Contract for Professional/Consultation
Services in the area of veterinary and medical services with Barky Pines Animal
Rescue & Sanctuary, Inc. (BPAR) for spaying/neutering at risk cats and
adoptable dogs impounded at Palm Beach County Animal Care & Control (ACC)
as part of the Countdown 2 Zero (C2Z) initiative in an amount not to exceed
$75,000 beginning August 23, 2023 through August 22, 2024 with automatic renewals
for three additional one-year terms. Summary: Spaying/neutering at risk animals is part of
the overall C2Z program to reduce and/or eliminate euthanasia. The County currently has one agreement each
with Peggy Adams Animal Rescue League (PAARL) and Tri-County Humane Society,
Inc., for outsourcing sterilization services.
Under this contract, BPAR will sterilize at risk cats and dogs in the
west county area to include spaying/neutering, receiving analgesia for post-operative
support, microchipping, applying topical and injectable parasiticides,
vaccinating against rabies, Feline Viral Rhinotracheitis, Calcivirus, and
Panleukopenia (FVRCP) for cats and canine distemper, adenovirus, type 2-
parainfluenza, parvovirus (DAPPv) for dogs, and marking with ear tipping (for
community cats) and abdominal tattooing.
Once at risk cats are sterilized, microchipped, vaccinated/treated and
ear tipped and tattooed, they are returned to their original location by
community cat caregivers, volunteers, or BPAR.
Dogs will be made available for adoption through the BPAR network or
returned to their owner. This contract
will provide sterilization services for up to 1,000 animals, cats at $75 per
cat and dogs at $100 per dog, with a total cost of no more than $75,000. Countywide
(SF)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
5. Staff recommends
motion to ratify: the
Mayors signature on the Sexual Assault Services Formula Grant Program (SASP)
application for $120,000 for an award period of August 1, 2023 through July 31,
2026. Summary: The SASP is a three (3) year grant. Up to $120,000 may be requested for the
period of August 1, 2023, through July 31, 2024. Awards for subsequent years are anticipated
to be the same or a similar amount. Funds from this grant will be used to
provide intervention, advocacy, accompaniment, support services and related
assistance to adult, youth and child victims of sexual assault, family and household
members and those collaterally affected by the victimization. Partnerships are planned with El Sol and the
Guatemala Maya Center to increase outreach to the Hispanic/Latino/a
populations. If awarded, the SASP will fund one Sexual Assault Project Coordinator
(pay grade 30). As the only Certified Rape Crisis Center in Palm Beach County,
the Division of Victim Services assisted 565 victims of sexual assault during
the period October 1, 2021, to September 30, 2022. No
County matching funds are required for this grant. Countywide (RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners (BCC), of Palm Beach
County, Florida, approving a Standard Grant Agreement (No. VW310) with the
State of Florida Department of Environmental Protection (FDEP), in the amount
of $1,800,000, funded by the Diesel Emissions Mitigation Program – Volkswagen
Settlement (CSFA 37.102) to provide assistance for the purchase of electric
transit buses to replace higher-emitting diesel transit buses. This grant
agreement will become effective upon FDEP execution with an expiration date of June
30, 2025; and
B) approve a FY23 Budget
Amendment of $1,800,000 in Palm Tran’s Grant Fund 1341 to recognize the grant
award.
Summary: On
April 11, 2022, Palm Tran on behalf of Palm Beach County submitted an
application for funding under the Electric Transit Bus Program through the
FDEP. The program offers reimbursement of $300,000 per diesel bus replaced with
an electric bus. Palm Tran will replace
six (6) diesel transit buses, totaling $1,800,000. The total cost for this
project will be $7,200,000; the match
for this grant is $5,400,000 and will be provided from funding secured through
the Palm Beach Transportation Planning Agency (TPA) Local Initiatives Grant
Program (R-2019-0357 and R-2020-0379). This grant agreement will be of no
cost to the County and will become effective upon FDEP execution with an
expiration date of June 30, 2025. The grant requires broader indemnification by
the County than that approved by PPM CW-F-049. The grant agreement
indicates that the County shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and requires the County to fully
indemnify, defend, and hold harmless FDEP and its officers, agents, and
employees from suits, actions, damages, and costs of every name and description
arising from or relating to (I) personal injury and damage to real or personal
tangible property and (II) the County’s breach of the grant agreement or the
negligent acts or omissions of the County. However, this indemnification does
not extend to any loss or damages proximately caused by the negligent acts or
omissions of FDEP, its employees and agents.
Moreover, the agreement does not waive the County’s sovereign immunity
or the provisions of Section 768.28, Florida Statutes. The Risk
Management Department and County Attorney’s Office have reviewed the
indemnification requirements of this grant. Given that liability is limited to
County’s non-compliance or performance of this agreement and the statutory caps
of Section 768.28, Florida Statutes, Palm Tran recommends Board approval. Countywide
(MM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
2. Staff recommends
motion to: adopt
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, approving the Federal Transit Administration (FTA) mandated Annual Update of the Public Transit Agency Safety Plan
(PTASP) for Palm Tran, Inc. Summary: Pursuant to FTA’s Final
Rule on the Public Transportation Safety Program, as published in the Federal
Register on August 11, 2016, operators of public transportation systems that
receive Federal financial assistance must establish a safety program that meets
the requirements detailed in 49 CFR Part 673.
The plan has been updated following the established
processes and procedures to support the implementation of Safety Management
Systems (SMS), a comprehensive, collaborative approach to managing safety. This
revision encompasses updates for FY 2021 and 2022.
The document outlines the
programs, policies, and/or procedures as it relates to the overall safe
operation of Palm Tran, Inc.:
A) Implementing a realistic and effective Safety Communication
Plan (trainings, committees, reporting protocols, electronic messaging etc.).
B) Developing and implementing
a program that communicates the outcomes of our Key Performance Indicators.
(Palm Tran PTSTAT program meets this requirement.); and
C) Palm Tran, Inc. has the
commitment from its Executive Director that safety is the cornerstone of the
organization. This is achieved by Palm Tran initiating programs that
include: 1) Safety Promotion; 2) Safety
Risk Management (Safety Risk Identification, Assessment, Mitigation); and Safety
Assurance. Countywide (MM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
3. Staff recommends
motion to approve:
A) a one (1)
year Extension to the Term of Agreement to the Public Transportation Grant
Agreement (PTGA) (Contract G1Q76) with the Florida Department of Transportation
(FDOT) (CSFA 55.012) which provides operating assistance to fund 50% of a
position in Mobility Management; and
B) the execution and submittal of the Amendment
for Extension of Public Transportation Grant Agreement Form to FDOT, requesting
to extend the end date of the agreement to September 29,
2024.
Summary: The
PTGA is scheduled to expire on September 29, 2023, the agreement has an
unliquidated balance of $36,158.23 that Palm Tran can utilize if the agreement
is extended to September 29, 2024. The grant covers 50% of the operating cost
incurred for the Mobility Coordinator position that since 2020 has
provided public education regarding existing public transportation resources, a
campaign that has contributed to the increase in ridership. This grant-funded
position will be eliminated when the
grant expires. The extension of the agreement will require a continued 50%
($36,158.23) match in FY2024.
4. Staff
recommends motion to Receive and File: the electronically executed Amendment for Extension of Public
Transportation Grant Agreement (PTGA) (FM 444671-1-94-01), Contract G1M89,
between the Florida Department of Transportation (FDOT) and Palm Beach County
Board of County Commissioners (BCC); dated May 8, 2023, extending the term of
the agreement to July 31, 2024. Summary: On June 17, 2020, Palm Tran received
funding in the amount of $671,000, from FDOT to assist with the purchase of new
scheduling software and supporting equipment for the Go Glades and Paratransit
Service. The
selected software was acquired at a subscription cost that will fail to utilize
the entirety of the grant during the award period. FDOT has approved the purchase of a
DriverMate module, which acts as an electronic
manifest for drivers allowing for real-time scheduling and trip updates, and
improved communication between drivers and dispatch. The procurement, installation and testing of
the new module will be completed by the summer of 2024, after the
expiration date of the original agreement. This
PTGA, scheduled to expire on May 31, 2023, will now have an expiration date of
July 31, 2024. The extension of this
PTGA will be of no cost to the County.
Countywide (MM)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: three fully executed
Palm Beach County FY2023, Category “G” Grant Agreements managed by the Palm
Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm
Beach County Tourist Development Council (TDC) with:
A) Prospect Wire 2,
LLC, for the promotion
of the Prospect Wire Southeast Championships, held from June 3-7, 2023,
for the term January 3, 2023 – September 7, 2023. This grantee was approved by the TDC on
February 9, 2023, in the amount of $20,000;
B) Florida State Golf
Association, Inc., for the promotion of the Florida State Golf Association 106th Amateur
Championship, held from June 8-11, 2023, for the term January 8,
2023 – September 11, 2023. This grantee
was approved by the TDC on February 9, 2023, in the amount of $5,000; and
C) Prospect
Select Baseball, Inc., for the promotion of the Prospect Select – Palm Beach
Classic Futures, held from June 9-18, 2023, for the term January 9,
2023 – September 18, 2023. This grantee
was approved by the TDC on February 9, 2023, in the amount of $35,000.
SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. On June 7, 1994, the Board of
County Commissioners adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for the Prospect Wire 2, LLC/Prospect Wire Southeast Championships were
1,875, room nights generated for Florida State Golf Association, Inc./Florida
State Golf Association 106th Amateur Championship were
540 and room nights generated for Prospect
Select Baseball, Inc./Prospect Select – Palm Beach Classic Futures were 6,075. Districts 1,2,7 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL (cont’d.)
2. Staff recommends
motion to receive and file: a fully executed Palm
Beach County FY2023, Category “G” Grant Agreement with the Palm Beach County Sports Commission, Inc., for the
promotion of the NCAA Division I Women’s Golf Regional Championship, held from
May 7 – 10, 2023. The term of this agreement is December 7, 2022 – August 10,
2023. This grantee was approved by the
Tourist Development Council (TDC) on December 8, 2022, in the amount of
$30,000. SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. On June 7, 1994, the Board of
County Commissioners adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for the Palm Beach County Sports Commission, Inc./NCAA Division I Women’s Golf
Regional Championship were 1,086. District 1 (YBH)
3. Staff recommends
motion to receive and file: two fully executed
Palm Beach County FY2023, Category “G” Grant Agreements managed by the Palm
Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm
Beach County Tourist Development Council (TDC) with:
A) Spartan Race,
Inc., for the promotion of the Palm Beaches Spartan Sprint Weekend, held from
April 21 – 22, 2023, for the term October 21, 2022 – July 22, 2023. This grantee was approved by the TDC on
December 8, 2022, in the amount of $20,000; and
B) Foster Events Group,
LLC., for the promotion of the Delray Beach Pickleball Open, held from May 10 –
14, 2023, for the term December 10, 2022 – August 14, 2023. This grantee was approved by the TDC on
December 8, 2022, in the amount of $17,500.
SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. On June 7, 1994, the Board of
County Commissioners adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for the Spartan Race, Inc./Palm
Beaches Spartan Sprint Weekend were
4,179, and room nights generated for the Foster Events Group, LLC/Delray Beach
Pickleball Open were 1,740. Districts 5 & 7 (YBH)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. Staff recommends
motion to approve: the appointment and reappointment of the
following individuals to the Equal Business Opportunity Advisory
Committee (EBOAC) for the seats and terms indicated below.
|
APPOINTMENT |
SEAT |
DESIGNATION |
TERM |
NOMINATED BY |
Christine D. 1
Certified Black Bus. Owner 8/22/23
– Mayor Weiss
Roberts-Kelly 8/21/26 Commissioner Barnett
Commissioner Woodward
Commissioner Bernard
|
REAPPOINTMENT |
SEAT |
DESIGNATION |
TERM |
NOMINATED BY |
Lorna
Anderson 15 Professional Services 9/12/23
– Commissioner Marino
Organization 9/11/26
Summary:
The EBOAC is
established pursuant to Section 2-80.28(f) of the Palm Beach County Code. The Committee consists of fifteen members
representing one African American business owner certified as a small business
by the County; one Hispanic business owner certified as a small business by the
County; one woman business owner certified as a small business by the County;
one white male business owner certified as a small business by the County; one
business owner domiciled in Palm Beach County; one representative of a business
incubator program; one representative of the Hispanic business organization;
one representative of the National Association of Women in Construction; one
representative of a Women’s Business Organization; one certified minority
contractor; one representative of the Associated General Contractors of
America; one representative of the Small Business Development Center; one representative
of a financial institution that assists small businesses; one representative of
the Black Chamber of Commerce; and one representative of a professional
services organization. On June 1, 2023 and July 13, 2023, a memo was sent to
the Board of County Commissioners requesting approval of the nominations. No other nominations were received. The Committee seat terms are for three years,
and the Committee reviews and evaluates the effectiveness of equal business
opportunity programs within County Government.
Upon approval of the new appointment and reappointment, the diversity
count will be African American: 7 (46.0%), Caucasian: 6 (40.0%), and Hispanic:
2 (13.0%). The gender ratio (female:
male) is: 9:6. The nominee for reappointment is Lorna Anderson;
African-American female. The nominee for new appointment is Christine D.
Roberts-Kelly; African-American female. Countywide (RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF EQUAL BUSINESS OPPORTUNITY
(cont’d.)
2. Staff recommends
motion to approve: payment
in the amount of $9,000 for participation in the 17th Annual Palm
Beach Partners Business Matchmaker Conference & Expo, which will be held on
September 22, 2023. Summary: The Palm Beach County
Office of Equal Business Opportunity, Department of Airports, Department of
Housing and Economic Development, and Palm Tran are partnering with the South
Florida Water Management District (SFWMD), the School District of Palm Beach
County, the City of West Palm Beach, the Center for Technology, Enterprise
& Development, Inc. (TED Center), and the Solid Waste Authority (SWA) to
present the 2023 Business Matchmaker Conference & Expo. This is the 17th
Annual Matchmaker Conference &
Expo held in Palm Beach County. Palm Beach County will contribute a total of
$9,000 with the County’s contribution broken down as follows: the Office of Equal Business
Opportunity – $2,250,
Department of Airports – $2,250, Department of Housing and Economic Development
– $2,250, and Palm Tran – $2,250. Payment will be made on or before August 28,
2023, to the TED Center, the fiscal agent for the conference. The conference
and expo will provide Small Business Enterprise owners an opportunity to collaborate
with larger businesses in an effort
to increase business opportunities and knowledge of programs offered by the
above listed governmental and non-profit partners. Countywide (RS)
EE. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Memorandum of Agreement (MOA) with the City of Miami for a FY22 Urban
Area Security Initiative (UASI) Grant in the amount of $1,518,726 for the
period of July 18, 2023 through June 30, 2024, and
B) approve
a Budget Amendment of $1,518,726 in the Sheriff’s Grant Fund.
Summary: On July 18, 2023,
the Palm Beach County Sheriff’s Office (PBSO) received notification of a grant
award in the amount of $1,518,726 for the FY22 Urban Area Security Initiative
(UASI) Grant Program. The UASI
is a federally-funded homeland security grant program, pass-through the State
of Florida to the City of Miami, as the UASI’s fiscal agent. The funds will be
used for various domestic security initiatives within the County and the
Southeast Florida Region 7, including intelligence operations, cyber security
training, and equipment for our specialty teams. There is no match
requirement associated with this award. The Catalog of Federal
Domestic Assistance (CFDA) number is 97.067 and the contract number is R0588. Countywide
(RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
EE. SHERIFF (cont’d.)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Contract Between
the State of Florida, Department of Children and Families (Department) and the
Palm Beach County Sheriff’s Office for a STOP VAWA Formula Grant Program award
in the amount of $313,600 for the period July
1, 2023 through June 30, 2025; and
B) approve a Budget Amendment of $313,600 in the Sheriff’s Grants Fund.
Summary: On June 27, 2023 the Palm Beach
County Sheriff’s Office received a STOP VAWA Formula grant. These funds will be
used to hire one full time detective who will be assigned to the Special
Investigations Division (SID) to investigate domestic violence and sex crimes
against victims ages 11 years of age and older.
The grant will also provide Trauma Informed Training for staff and
Victim Services for persons identified through the grant project. The PBSO will
be reimbursed for costs totaling $313,600. The PBSO is required to provide a
minimum 25% match ($105,003); PBSO is providing match in the amount of
$106,410, slightly exceeding the match requirement based on project needs,
through its approved operating budget. One PBSO position is created with this
action. An increase in funding from the County will be requested through our
annual budget process once the grant ends. The
Catalog of Federal Domestic Assistance (CFDA) Number for this program is 16.588 and Contract No. is LN265. Countywide (RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
EE. SHERIFF (cont’d.)
3. Staff recommends
motion to:
A) receive and file the first, second, third and fourth FDLE quarterly
disbursements;
and
B) approve a Budget Amendment to increase the grant award from $300,000 to
$323,845 in the Sheriff’s Grant Fund.
Summary: The Florida Department of
Law Enforcement (FDLE) provides state financial assistance to five
locally-funded laboratories in the State of Florida, including Palm Beach
County. The Palm Beach County Sheriff’s
Office (PBSO) operates the Palm Beach County Crime Laboratory. The grant award
was accepted by the BOCC on December 20, 2022 (R-2022-1549). Since the total
award is not known in advance, $300,000 was budgeted in the Sheriff’s Grant
Fund. The total final disbursement amount received is $323,844.14. Thus, the
budget needs to be amended to increase the grant award by $23,845. There is no match requirement associated with this
award. The Catalog of State Financial Assistance (CSFA)
number is 71.002 and the grant agreement number is 2L004. Countywide (RS)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Letter of Donation from the Palm Beach County Police Athletic League,
Inc., for a donation in the amount of $40,000, for the period of July 12, 2023
through September 30, 2023, and
B) approve a Budget Amendment
of $40,000 in the Sheriff’s Grant Fund.
Summary: On July 12, 2023,
the Palm Beach County Police Athletic League (PAL) provided a letter of
donation to the Palm Beach County Sheriff’s Office (PBSO) to offset the cost of
an industrial fan which will provide comfort for youth participating in
recreational activities and educational programming at the Cabana Colony Youth
Center. There is no match requirement associated with this donation. There is no CFDA or contract number
associated with this donation. Countywide
(RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
EE. SHERIFF (cont’d.)
5. Staff recommends
motion to: receive and file Modification
#3 to the FY21 Urban Security Area Initiative (UASI) Memorandum of Agreement
between the City of Miami and the Palm Beach County Sheriff’s Office, which
extends the grant period from October 31, 2023 through December 31, 2023. Summary: On September 13, 2022, the Board of County
Commissioners (BCC) accepted a Palm Beach County Sheriff’s Office (PBSO) grant
award in the amount of $1,909,519 for the FY21 Urban Area Security Initiative
Grant Program, for the period August 2, 2022 through June 30, 2023
(R-2022-1008). On April 18, the BCC
accepted $30,000 in supplemental funds (R-2023-0526). On July 11, 2023, the BCC approved an
extension through October 31, 2023. This
agenda item will extend the period of performance through December 31,
2023. There is no match requirement
associated with this award. The
Catalog of Federal Domestic Assistance (CFDA) number is 97.067 and the contract
number is R0521. Countywide (RS).
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
EE. SHERIFF (cont’d.)
6. Staff recommends
motion to approve: a Budget Transfer of $877,200 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff's Office
(PBSO). Summary: Section 932.7055(5), Florida Statutes; provides
that the seizing agency shall use Forfeiture proceeds for school resource
officer, crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes, which include
defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. Section 932.7055(5),
Florida Statutes; also requires that no less than 25% of the LETF's previous
year's revenues be used for the support or operation of drug treatment, drug
abuse education, drug prevention, crime prevention, safe neighborhood and
school resource officer programs of various non-profit organizations. The
PBSO's FY 2023 donation requirement is $230,119. The PBSO's support of these
programs exemplifies its strong commitment to the prevention and reduction of
crime throughout the communities it serves and its desire to put money back
into these communities to support organizations that provide such services. The
year-to-date transfer for all donations to outside organizations after approval
of this item is $2,541,084. The funds requested are to aid PBSO and qualified
organizations that meet the requirements set forth in Section 932.7055(5),
Florida Statutes. Use of LETF requires approval by the Board of County
Commissioners, upon request of the Sheriff. The current State LETF balance is
$2,492,987. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $1,615,787. The PBSO certifies that the use of these
funds is in accordance with Section 932. 7055(5), Florida Statutes. Below is a
table indicating the organizations the PBSO seeks to fund and the corresponding
amount of funding proposed per respective organization or agency. No new
positions are needed and no additional County funds are required. Countywide
(RS)
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
EE. SHERIFF (cont’d.)
6. SUMMARY (cont’d.)
|
ORGANIZATION |
AMOUNT |
|
211 Palm Beach/Treasure
Coast, Inc. |
$55,000 |
|
Alzheimer's Community
Care, Inc. |
$10,000 |
|
Bella's Angels, Inc. |
$50,000 |
|
Big Dog Ranch Rescue,
Inc. |
$25,000 |
|
Boys & Girls Clubs of
Palm Beach County, Inc. |
$107,200 |
|
Center for Family
Services of Palm Beach County, Inc. |
$10,000 |
|
Clinics Can Help, Inc. |
$15,000 |
|
Fiesta de Pueblo, Inc. |
$20,000 |
|
Florida Alliance to End
Human Trafficking, Inc. |
$25,000 |
|
Florida Fishing Academy,
Inc. |
$5,000 |
|
Girl Scouts of Southeast
Florida, Inc. |
$50,000 |
|
Inner City Innovators,
Inc. |
$40,000 |
|
Latin Quarter of West
Palm Beach, Inc. |
$25,000 |
|
Little Smiles, Inc. |
$25,000 |
|
Mental Health Association
of Palm Beach County, Inc. |
$10,000 |
|
Operation 300, Inc. |
$200,000 |
|
PACE Centers for Girls,
Inc. |
$15,000 |
|
Palm Beach County Board
of County Commissioners – Consumer Affairs |
$15,000 |
|
Palm Beach County
Sheriff’s Foundation, Inc. – Scholarships |
$50,000 |
|
Speak up for Kids of Palm
Beach County, Inc. |
$125,000 |
|
|
|
|
Total Amount |
$877,200 |
AUGUST 22, 2023
3. CONSENT
AGENDA APPROVAL
FF. WESTGATE/BELVEDERE HOMES CRA
1. Staff recommends
motion to approve: the following
Westgate/Belvedere Homes Community Redevelopment Agency (CRA) Board Officers
for the year 2023.
Board Member Office
Ronald
Daniels Chair
Joanne
Rufty Vice-Chair
Summary: The Westgate/Belvedere Homes CRA Board
consists of seven (7) At-Large members from residents and local businesses
within the CRA boundaries. At the June
12, 2023 meeting, the CRA Commissioners elected the Chair and Vice-Chair from
amongst its Board. The term shall be 12
months, beginning on the date of approval.
Districts 2 & 7 (DL)
2. Staff recommends
motion to approve: the following appointments to the Westgate CRA
Board:
|
Seat No. |
Appointment |
Seat Requirement |
Nominated By |
Term Ending |
|
4 |
Teliska Jackson-Wolliston |
Resident |
Mayor Gregg K. Weiss Comm. Maria G. Marino Comm. Mack Bernard Comm. Baxter |
5/31/2027 |
|
5 |
Ruth Haggerty |
Owner |
Mayor Gregg K. Weiss Comm. Maria G. Marino Comm. Mack Bernard Comm. Baxter |
5/31/2027 |
Summary: The Westgate/Belvedere Homes Community
Redevelopment Agency (Westgate CRA) Board consists of seven (7) At-Large
members from the general public and local businesses within the CRA
boundaries. Ordinance No. 89-6 requires
that the Palm Beach County Board of County Commissioners appoint the Westgate
CRA Board Members. After duly advertising,
the Westgate CRA held its meeting on July 10, 2023 to nominate candidates to
fill seat 4 and 5. Telisa Jackson-Wolliston, a resident, has expressed a
willingness to be on the CRA Board in Seat 4.
Ruth Haggerty, an owner, has expressed a willingness to remain on the
CRA Board in Seat 5. This Advisory Board
has 7 seats, 7 filled and 0 vacancies, and a diversity
count of Caucasian: 5 (71%), Asian-American: 0 (0 %) and
Hispanic-American: 0 (0%), African American: 2 (29%). The gender ratio (male:
female) is 4:3. The nominees are 1 (reappointment) Caucasian
female and 1 African American female. Staff has addressed the need to
increase diversity within our boards and will continue to encourage this in an
effort to expand the Boards diversity. District 2 & 7 (DL)
* * * * * * * * * * * *
AUGUST 22, 2023
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring August 2023 as Florida Water Professional Month. (District 1)
B) Certificate
of Congratulations presented to the National Council on Compensation Insurance
on its 100th Anniversary. (District 4)
C) Proclamation
declaring August 2023 as Palm Beach County LIHEAP Awareness Month. (District 1)
D) Proclamation
declaring August 22, 2023 as Sophia Wisdom Day. (District 5)
E) Proclamation declaring September 2, 2023 as Palm Beach Partners Business
Matchmaker Conference and Expo Day. (District 3)
F) Proclamation
declaring August 2023 as Together for Sharon Month. (District 5)
* * * * * * * * * * * *
AUGUST 22, 2023
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to adopt: an
Ordinance amending Chapter 23, Article 1, Section 23-1 (Five Year Road
Program); amending Chapter 23, Article 1, Section 23-2 (Review of
Implementation, Etc.: Suspension of Article VI); Providing for severability;
Providing for Repeal of Laws and Ordinances in Conflict; Providing for
Inclusion in the Code of Laws and Ordinances; Providing for a Savings Clause;
Providing for Captions; and Providing for an Effective Date. SUMMARY: On July 11, 2023,
the Board of County Commissioners (BCC) approved this Ordinance amending the
Five Year Road Program on preliminary reading and authorized advertisement for
today’s Public Hearing for final adoption. Currently, the Five Year Road
Program (Program) is separate from the budget process. This amendment will
include the Program with the Palm Beach County (County) Capital Improvement
Program (CIP) in the County’s budget, and eliminate the need for the mid-year
adjustment. In order to comply, County Code Chapter 23, Article 1, Sections
23-1 through 23-2 (Ordinance) must be amended to reflect these changes. The
proposed amendments to the Ordinance provide that beginning with fiscal year
2024, the County Administrator or designee are to include the Program in the
CIP and in the budget presentation to the BCC. BCC approval of the CIP, as part
of the adopted County budget for a given fiscal year shall constitute approval
of the Program for that fiscal year (Approved Program FY). Further, the
proposed amendments will allow the BCC to direct the Department to utilize the
most restrictive and allowable revenue source first and then the next
restrictive and allowable revenue source until a project is funded. This
funding process will promote efficient completion of projects on the Program.
Section 23-1 (f) of the amended Ordinance provides that the BCC, by Resolution,
may make certain changes to the Approved Program FY to promote a more efficient
construction of the road projects. As the Program will now be presented to the
BCC, which will be reviewing and approving projects for the upcoming fiscal
year, as part of BCC approval of the County fiscal year budget, a separate
Oversight and Advisory Committee is not needed and the requirement for that
will be removed from the Ordinance. The Ordinance will continue to provide for
a method of prioritizing roadway improvements based on engineering
consideration. Countywide (YBH)
AUGUST 22, 2023
5. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. COUNTY ATTORNEY
1. Staff recommends motion
to approve: preliminary
reading and permission to advertise for public hearing on September 19, 2023 at
9:30 A.M. an Ordinance of the Board of County Commissioners of Palm Beach
County, Florida, repealing Chapter 14, Article II, Section 14-82, et seq., Palm
Beach County Code, Ordinance No. 2022-027, “Notice of Termination of
Residential Tenancies and Rental Payment Increase Ordinance”; providing for
repeal of laws in conflict; providing for inclusion in the code of laws and
ordinances; and providing for effective date. SUMMARY: On September 13, 2022, the Palm Beach County
Board of County Commissioners (BCC) enacted Chapter 14, Article II, Section
14-82, et seq., Palm Beach County Code, Ordinance No. 2022-027, referred to as
the “Notice of Termination of Residential Tenancies and Rental Payment Increase
Ordinance” (Ordinance). On March 3, 2023, the Florida House of Representatives
filed HB 1417, referred to as the “Residential Tenancies Bill”. On the same day, a similar bill, SB 1586, was
filed by the Florida Senate. On June 29, 2023, the Residential Tenancies Bill
was signed by Governor Ron DeSantis and became law. The new law preempts to the
state the regulation of residential tenancies, the landlord-tenant
relationship, and all other matters covered under the Residential Tenancies
part of Chapter 83, Florida Statutes.
Section 83.425, Florida Statutes supersedes any local government
regulations on matters including, but not limited to: the screening process used by a landlord in approving tenancies;
security deposits; rental agreement applications and fees associated with such
applications; terms and conditions of rental agreements; the rights and
responsibilities of the landlord and tenant; disclosures concerning the
premises, the dwelling unit, the rental agreement, or the rights and
responsibilities of the landlord and tenant; fees charged by the landlord; or
notice requirements. The law also amends
Section 83.57, F.S. by extending the notice required for termination of month
to month tenancies from 15 days to 30 days, and amends Section 83.575(1), F.S.
by changing the notice required for termination of tenancies with specific
duration to provide that such tenancies may not require less than 30 days'
notice or more than 60 days' notice of termination from either the tenant or
the landlord. This law became effective
on July 1, 2023. Countywide (MM)
AUGUST 22, 2023
5. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN
1. Staff recommends
motion to approve:
A) The Program of Projects (POP) and Grant
Application 1098-2023-2 for Section 5307 (CFDA 20.507) and Section 5339 (CFDA
20.526) GY2023 grant allocations from the Federal Transit Administration (FTA).
The Palm Beach County Board of County Commissioners
(BCC) was allocated $25,411,374, of which $23,415,291 are Section 5307 funds
and $1,996,083 are Section 5339 funds; This is a cost reimbursable agreement
that will become effective upon FTA Award and with an anticipated end date of
May 31, 2029;
B)
The filing of Standard Form
LLL - Disclosure of Lobbying Activities;
C) The Authorization for the County Administrator or
designee to execute on behalf of the BCC, and to transmit electronically the
BCC’s approval of the Grant Application, award and the resulting grant
agreement; that do not substantially change the scope of work, terms or
conditions of the agreement;
D) A Budget Transfer of $11,501,606, in Palm Tran’s Operations
Fund 1340, to increase the transfer from Palm Tran’s Grant Fund 1341 and reduce
the transfer from the General Fund 0001;
E) A Budget Transfer of $11,501,606,
in the General Fund 0001 to reduce the transfer to Palm Tran’s Operating Fund
1340 and increase Contingency Reserves; and
F) An
upward Budget
Amendment of $25,411,374, in Palm Tran’s Grant Fund 1341 to recognize the
actual grant allocation for GY2023 as detailed in grant application
1098-2023-2.
AUGUST 22, 2023
5. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. PALM TRAN (cont’d.)
1. Summary: The FTA distributes Section 5307 and 5339 grant funds to provide capital
and operating assistance for public transportation projects. The GY2023 allocation will fund items
necessary for the continued operations of the Palm Tran system. The FTA encourages the submittal of
multi-source funding (Super-Grant) grant applications to consolidate
allocations for Fixed Route capital projects. This
allocation includes the following: $10,000,000 to replace fixed-route buses
that have reached their useful life; $2,000,000 to replace paratransit vehicles
that have reached their useful life; $1,000,000 for General Planning Consulting
contracts; $500,000 for tires; $409,768 for safety and security projects;
$2,114,901 for operating Paratransit service, and $9,386,705 for Preventive
Maintenance. The GY2023 allocations have a
match requirement of $6,352,843 or 20% of the total project cost.
The source of the matching funds comes from Toll Revenue Credits
provided by the Florida Department of Transportation (FDOT). The grant application also requires the
execution of the Disclosure of Lobbying Activities, Form LLL. No County funds are required. Countywide (MM)
* * * * * * * * * * * *
AUGUST 22, 2023
A. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to approve: The Irrevocable
Letter of Direction (Directive) with Municipal Contractors, Inc. (MCI) for the
Clint Moore Road at Jog Road Intersection Improvements contract dated July 13,
2021 in the amount of $894,568.50 (R2021-0876); the Gateway Boulevard and
Military Trail Intersection Improvements contract dated July 13, 2021, in the
amount of $1,360,995 (R2021-0878); and the Hypoluxo Road and Jog Road
Intersection Improvements contract dated July 13, 2021, in the amount of
$1,913,198.65 (R2021-0877) (Projects). SUMMARY: Palm Beach County received the Directive from
MCI, in which MCI directs that any and all payments due or to become due of any
kind or nature on account of the Projects be made payable to Old Republic
Surety Company (Surety). All such check payments should be forwarded directly
to the Surety via mail. The Directive is irrevocable by MCI without the written
consent of the Surety. MCI requests the Board of County Commissioners’
acknowledgement and acceptance of this agreement. District 2, 3 & 4
(YBH)
AUGUST 22, 2023
6. REGULAR AGENDA
B. LIBRARY
1. Staff recommends
motion to approve: The County Library’s FY2024 – FY2028 Strategic Plan
and FY2024 Action Plan. Summary: This Plan represents the
Library’s mission statement, goals and objectives, and strategic plan for
FY2024 through FY2028. This process of strategic planning is done in
conjunction with the State’s requirements for libraries receiving State Aid
grant funds and with the County’s budget process. The Library Advisory Board
endorsed this Plan with Resolution 23-01, dated July 10, 2023. The Plan for
FY2024 - FY2028 has undergone a complete revision to address community needs by
reflecting recent changes, including those brought about by the COVID-19 pandemic,
along with the public’s demand for electronic resources and access to evolving
technology, and population growth. While
continuing to meet the needs of those who seek traditional services and
resource formats, the Library also recognizes the demand for new technology,
and for the Library to take a more active role in serving as a bridge to
connect Library members with the community services they require.
Highlights of the Plan for FY 2024 include:
A) Engaging our communities and partners by promoting and enhancing the
role of the Library and offering
services beyond the Library’s walls;
B) Providing free access to resources and services that reflect and engage
Palm
Beach County’s diverse communities and
people;
C) Offering a diverse range of activities
designed to enrich, stimulate and engage
members from early literacy through
adulthood;
D) Providing a welcoming environment, both physically and virtually, to
spark creativity,
stimulate thoughtful conversation and encourage
collaboration; and
E) Serving as a bridge for community members to access social services.
Countywide
(AH)
AUGUST 22, 2023
6. REGULAR AGENDA
C. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $54,616 for the full satisfaction of two code
enforcement liens entered against Top Cut Lawn Services North, LLC on July 10,
2019. SUMMARY: The Code
Enforcement Special Magistrate (CESM) executed an order on August 24, 2018 for
two adjacent properties owned by Top Cut Lawn Services North, LLC (Top Cut
Lawn), giving it until February 28, 2019 to bring their property located at
6723 Park Ln W and 6845 Park Lane Rd, Lake Worth, Florida into full code
compliance. The two properties were cited for landscape service operations
without zoning approval and construction without a building permit. Compliance
with the CESM’s order was not achieved, and a fine of $250 per day for each
case/property was imposed. The CESM executed two orders imposing the code liens
against Top Cut Lawn Services North, LLC on July 10, 2019. The Code Enforcement
Division (Code Enforcement) issued affidavits of compliance for both properties
on April 18, 2022. The total fine on January 5, 2023 was $546,157.10, the date
on which settlement discussions began. Top Cut Lawn has agreed to pay Palm
Beach County $54,616 (10%) for full settlement of its outstanding code
enforcement liens. District 6 (RS)
AUGUST 22, 2023
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A)
approve a HOME Investment Partnerships Program
(HOME) award of $1,000,000 to ND Flex, LLC;
B) direct staff to negotiate the Loan Agreement; and
C)
authorize the County Administrator, or designee, to
execute the Loan Agreement, amendments thereto, and all other documents
necessary for project implementation that do not substantially change the scope
of work, terms, or conditions of the award.
SUMMARY: On May 10,
2023, the Department of Housing and Economic Development (HED) issued Request
for Proposals HED.2023.3 (RFP) making up to $1,000,000 in Federal HOME funding
available for a Local Government Area of Opportunity Funding (LGAOF) loan
contribution to multi-family housing developers seeking tax credits from the
Florida Housing Finance Corporation (FHFC) 9% Housing Credits Program. Per FHFC rules, the LGAOF contribution may
only be made to one (1) project. A
selection committee consisting of three (3) voting members met at a public
meeting held on July 6, 2023, and recommended funding of a $1,000,000 loan to
developer ND Flex, LLC, (an affiliate of McCurdy Senior Housing Corp. and The
Rich Family Holdings, LLLP) for Waterview Apartments, an affordable rental
development for the elderly to be located at the 4420 West Tiffany Drive in the
Town of Mangonia Park. The project will
consist of 138 113 one-bedroom newly constructed apartments as
follows: 21 18 units for
30% of Area Median Income (AMI), and 117 46 units for 60% AMI,
27 units for 80% AMI, and 22 market rate units. The project will include 51 HOME-assisted
units, including 11 units of which will be set aside for 30% AMI and
40 units for 60% AMI. The County funding contribution equates to $19,608
per HOME-assisted unit. The HOME-assisted units will remain affordable for no
less than 50 years. The total cost of development is $47.2 $42.3
million. The HOME award is contingent on FHFC approval of 9% Housing Credits
for Waterview Apartments, which will provide an estimated $35 26.6
million in tax credit equity toward the project. If the 9% Housing Credits are not approved by
FHFC, the HOME award to ND Flex, LLC will be automatically cancelled and the
HOME funds will be reprogrammed. The
Loan Agreement and related documents pursuant to these HOME funds will be
between the County and ND Flex, LLC (and its respective successors and/or assigns). To facilitate project implementation, staff
requests authorization for the County Administrator, or designee, to execute
the Loan Agreement and related documents.
These are Federal HOME Program grant funds which require a 25%
local match provided by State SHIP grant funds. District 7 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to approve:
A) a waiver of the statutory requirement, by a
majority vote plus one, that one of the two public hearings to be held on
October 17, 2023 and November 21, 2023, be held after 5:00 p.m., to consider
the designation of three parcels located at 9845 and 9905 Clint Moore Road,
unincorporated Palm Beach County, Florida, further identified by Parcel Control
Numbers 00-42-43-27-05-070-1130, 1160 and 1170 (the “Subject Site”), as a
Brownfield Area pursuant to Section §376.80(2)(c), Florida Statutes; and
B) the advertising of public hearings on Tuesday,
October 17, 2023 at 9:30 a.m. and Tuesday, November 21, 2023 at 9:30 a.m. to
consider the designation of the Subject Site as a Brownfield Area pursuant to
Section §376.80(2)(c), Florida Statutes, which shall hereafter be known as the Verde
Commons Green Reuse Area.
SUMMARY: On July 15,
2023, Toll Brothers, Inc. (“Toll Bros.”), as contract purchaser, and the
owners, Westside Farms, Inc. and 7 T’s Enterprises, Inc., submitted an
application to the Department of Housing and Economic Development to designate
the Subject Site as a Brownfield Area. This designation requires two public
hearings, one of which must be held after 5:00 p.m. per Section §125.66, Florida Statutes (cross-referenced in
Section §376.80, Florida Statutes),
unless the Board of County Commissioners, by a majority plus one vote, elects
to conduct that hearing at another time of day. The Subject Site supports a
163,093 square foot produce packing plant and cold storage facility,
agricultural equipment and commercial vehicle storage, row crops, and related
uses, and is impacted by arsenic and dieldrin in the soil and groundwater. The
rezoning of the 37.4 acre site was approved by the Board of County
Commissioners at the November 28, 2022 BCC Zoning Hearing (Resolution R-2022-1414),
with a concurrent future land use amendment (Ord. 2022-031), which would allow
for the development of up to 75 residential dwelling units. Toll Bros. is
seeking a “Brownfield Area” designation under Florida’s Brownfields
Redevelopment Act, prior to redevelopment of the Subject Site with 70 single
family dwelling units and a 0.66-acre recreation area. No County funds for implementation are
required. This item requires a supermajority vote (5 votes). District 5
(DB)
AUGUST 22, 2023
6. REGULAR AGENDA
E. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A)
adopt a
Resolution amending Resolution R89-576, which created the Pollution Recovery
Trust Fund (PRTF), to establish procedures for separation, distribution, and
responsibility of collecting fees for the PRTF; and
B)
approve a Budget Transfer of $21,588 from the PRTF 1227 to
reserve account (3171) in the amount of $17,271 for to the
Department of Environmental Resources Management (ERM) PRTF reserves,
and to reserve account (3170) in the amount of $4,317 for to the
Florida Department of Health in Palm Beach County (DOH) PRTF reserves,.
Summary: On April 4, 1989, the Board of
County Commissioners (BCC) adopted Resolution R89-576 establishing the Palm
Beach County (PBC) PRTF, a local fund to deposit monies collected by ERM and
DOH through various enforcement actions to enhance PBC's environmental
resources and pollution control activities. The PRTF is to be kept and
maintained in trust by the BCC. The BCC
receives and considers recommendations to disburse PRTF funds for projects
proposed by the Director of ERM and the Director of DOH. Currently, both
Directors must sign off on every PRTF disbursement request, even when the
disbursement is for a project under one of the entities. This Resolution will
establish procedures for separation, distribution and responsibility of
collection of fees for the PRTF to avoid requiring both Departments to sign off
on every disbursement. Funds collected
pursuant to consent agreements entered into by the ERM Director, and
administrative penalties levied by the Groundwater and Natural Resources
Protection Board (GNRPB) (ULDC Article 2, 14 and 15) for violations associated
with county codes and ordinances, including Petroleum Storage Systems,
Petroleum Contamination Cleanup Criteria, Wellfield Protection, Mining and
Excavation, Storm Water Pollution Prevention, Sea Turtle Protection and Sand
Preservation, and Vegetation Preservation and Protection will be deposited in the
ERM specific account within the PRTF, Fund 1227, Unit Code 3171, and
managed by the Director of ERM, or designee; and ERM will recommend
disbursements of these funds to the BCC.
AUGUST 22, 2023
6. REGULAR AGENDA
E. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
1. SUMMARY (cont’d.) Funds collected pursuant to
consent agreements entered into by the DOH Director, and penalties levied by
the Environmental Control Hearing Board (ECHB) (ULDC Article 2, 14 and 15) for
violations due to noncompliance with septic tank, sewage and water, and air
pollution program health regulations will be deposited in the DOH
specific account with the PRTF, Fund 1227, Unit Code 3170, and managed
by the Director of DOH, or designee; and DOH will recommend disbursements of
these funds to the BCC. Moreover, this agenda item will transfer funds from the
current remaining PRTF general reserves of $21,588 to separate PRTF reserve
accounts established specifically for ERM and DOH. Historically, ERM has
contributed 80% of funds and DOH has contributed 20% of funds into the PRTF.
Therefore, of the remaining $21,588 in reserves, ERM’s PRTF reserve account
will receive $17,271 (80%) and DOH’s PRTF reserve account will receive $4,317
(20%). There is no cost to the County. Countywide (SS)
AUGUST 22, 2023
6. REGULAR AGENDA
F. OFFICE OF RESILIENCE
1. Staff recommends
motion to:
A) adopt
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, to approve the grant application for the Prosperity Farms Road Bridge
project and delegate authority to the County Administrator or designee to sign
and submit the application with the Florida Department of Environmental
Protection for the Resilience Florida Capital Grants, and to execute any
agreements associated with the disbursement of Resilience Florida Capital funds
for the Prosperity Farms Road Bridge project, and providing for an effective
date;
B) adopt
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, to approve the grant application for the Country Club Acres
Subdivision Drainage Improvement project and delegate authority to the County
Administrator or designee to sign and submit the application with the Florida
Department of Environmental Protection for the Resilience Florida Capital
Grants, and to execute any agreements associated with the disbursement of
Resilience Florida Capital funds for the Country Club Acres Subdivision Road
project, and providing for an effective date;
C) adopt
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, to approve the grant application for the Englewood Estates/Manor
Subdivision drainage improvement project and delegate authority to the County
Administrator or designee to sign and submit the application with the Florida
Department of Environmental Protection for the Resilience Florida Capital
Grants, and to execute any agreements associated with the disbursement of
Resilience Florida Capital funds for the Englewood Estates/Manor Subdivision
project, and providing for an effective date;
D) adopt
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, to approve the grant application for the Australian Avenue project and
delegate authority to the County Administrator or designee to sign and submit
the application with the Florida Department of Environmental Protection for the
Resilience Florida Capital Grants, and to execute any agreements associated
with the disbursement of Resilience Florida Capital funds for the Australian
Avenue project, and providing for an effective date; and
AUGUST 22, 2023
6. REGULAR AGENDA
F. OFFICE OF RESILIENCE (cont’d.)
1. E) adopt a Resolution of the Board of County Commissioners of Palm
Beach County, Florida, to approve the grant application for the Ocean Inlet
Park Resiliency Improvements project and delegate authority to the County
Administrator or designee to sign and submit the application with the Florida
Department of Environmental Protection for the Resilience Florida Capital
Grants, and to execute any agreements associated with the disbursement of
Resilience Florida Capital funds for the Ocean Inlet Park Resiliency
Improvements project, and providing for an effective date.
Summary: The Office of Resilience, Engineering
and Public Works, and Parks and Recreation Departments are collaborating on
five FL Department of Environmental Protection Resilient Florida implementation
grant applications. On July 11, 2023, the Board approved staff to work with a
preapproved consultant for an amount not to exceed $50,000 to prepare the
technical reports and grant applications. This resolution will demonstrate
Board support for providing 50%
mandatory match of County funding totaling $23,200,000 $20,310,000
upon awards, which increases grant application scoring. Districts 1, 3,
4, 5, 7 (RM)
G. COMMUNITY SERVICES
1. Staff
recommends motion to adopt: Resolution
of the Board of County Commissioners of Palm Beach County, Florida, creating
the Palm Beach County Veteran Services Advisory Board (VSAB); providing for a
purpose; providing for membership, appointments, terms; providing for officers;
providing for roles and responsibilities; providing for sunshine law, code of
ethics; providing for meetings; providing for subcommittees; providing for
general provisions; and providing for an effective date, sunset. Summary:
Palm Beach County (County) is home to more than 72,000 Veterans. Many of these
Veterans struggle with accessing
benefits that may assist with health issues, employment, and other human
services support. In response to these challenges, the Board of County Commissioners
(BCC) directed County Administration to create the VSAB to periodically assess the needs of Veterans in the County and provide
more efficient coordination amongst service providers in order to address the
needs identified. (Division of Senior and Veteran Services) Countywide
(HH)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing an
extension of Lease Agreement with Pero
Family Farms, LLC for an additional one (1) year term, retroactively, from July
1, 2023 until June 30, 2024 for the McMurrain parcel; and
B) approve First Amendment to Lease
Agreement with Pero Family Farms, LLC for continued use of approximately 570.77 acres in Agricultural
Reserve in Boynton Beach, retroactively, from July 1, 2023 until June 30, 2024
at an annual rent rate of $453,275.88.
SUMMARY: On November 19, 2019, the Board of
County Commissioners (Board) approved an Assignment of Lease (R2019-1760) from
South Florida Water Management District (SFWMD) transferring all of its rights
to the County under Lease Agreement (R2013-0790) with Pero Family Farms, LLC
(Pero), which expired on June 30, 2023.
While Staff was in the process of issuing a new Request for Proposals
(RFP) for the continuation of commercial farming, it learned that the timing of
the issuance would conflict with the planting and harvesting schedule as Pero
had already begun its farming season.
Staff believes it to be in the County’s best interest to extend the
lease term with Pero to preserve continued agricultural operations in the
Agricultural Reserve. Staff will issue
the RFP in the fall, allowing enough time for Pero to harvest and wrap up its
operations while a new tenant is selected, therefore, minimizing disruptions in
the continuity of operations. This First Amendment will extend the term for one
(1) additional year retroactively, commencing on July 1, 2023 through June 30,
2024. If approved, the extension will
have an annual fiscal impact of $453,275.88 as the rent will remain the same.
All other terms and conditions of the Agreement shall remain in full force and
effect. The agreement will continue to be administered by Facilities
Development and Operations. (Property & Real Estate Management) District
5 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
2. Staff recommends
motion to:
A) adopt a Resolution authorizing an extension of
Lease Agreement with Pero Family Farms, LLC for an additional one (1) year
term, retroactively, from July 1, 2023 through June 30, 2024 for the York parcel;
and
B) approve Fifth Amendment to Lease
Agreement with Pero Family Farms, LLC for continued use of approximately 270.91
acres in Agricultural Reserve in Boynton Beach, retroactively, from July 1,
2023 through June 30, 2024 at an annual rent of $135,455.
SUMMARY: On September 11, 2001, the Board of County Commissioners (Board) approved the Lease Agreement (R2001-1541) with
Pero Farms, LLC (Pero) for approximately 272 acres of land located within the
York parcel in the Agricultural Reserve (AG Reserve) for a term of ten (10)
years at a rent of ($1,205) per acre, with two (2) extension options, each for
a period of five (5) years subject to the approval of the County in each
instance. The First Amendment (R2010-0088),
approved on January 12, 2010, reduced the rent to $500 per acre. The Second Amendment (R2010-1884), approved
on November 16, 2010, reduced the Premises by 1.09 acres for the Lyons Road
expansion. On May 17, 2011 (R2011-0744),
the Board consented to the first option extending the term thru August 20,
2016. On June 21, 2016 through the Third
Amendment (R2016-0767), the Board consented to the second option extending the
term through August 20, 2021. On July
13, 2021, the Board approved the Fourth Amendment for the York lease
term to run concurrently with the McMurrain Lease (R2013-0790) which expired on
June 30, 2023. While staff was in the
process of issuing a new Request for Proposals (RFP) for the continuation of
commercial farming, it learned that the timing of the issuance would conflict
with the planting and harvesting schedule as Pero had already begun its farming
season. Staff believes it to be in the
County’s best interest to extend the lease term with Pero to preserve continued
agricultural operations in the Agricultural Reserve. Staff will issue the RFP in the fall,
allowing enough time for Pero to harvest and wrap up its operations while a new
tenant is selected, therefore, minimizing disruptions in the continuity of
operations. This Fifth Amendment will extend the term for one (1) additional
year, commencing July 1, 2023 through June 30, 2024. If approved, the extension will have an
annual fiscal impact of $135,455. All other terms and conditions of the
Agreement shall remain in full force and effect. The agreement will continue to
be administered by Facilities Development and Operations. (Property & Real
Estate Management) District 5 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
3. Staff recommends
motion to approve:
A) a Budget Transfer of $4,200,100 in the General
Fund from Contingency Reserves to the Public Building Improvement Fund;
B) a Budget Amendment of $4,200,100 in the Public
Building Improvement Fund to recognize the transfer and appropriate it to the
purchase of Animal Care and Control Expansion Parcels;
C) an Agreement for Purchase and Sale
(Agreement) with Leonidas Alfaro (Alfaro) to acquire three parcels consisting
of approximately 3.201 acres of vacant land for $4,200,000 plus recording costs
estimated to be $100; and
D) a Memorandum of Agreement with Alfaro to be
recorded in the public records to provide notice of this Agreement.
SUMMARY: The County has a 14.05-acre
Animal Care and Control Facility (ACC) located at 7100 Belvedere Road in
unincorporated Palm Beach County.
Improvements necessitated by the upcoming facility renovation are
anticipated to encroach upon pasture area used for the care and custody of
large animals such as cows, horses and other livestock. ACC has no other dedicated property or
facility to render this service. The
Alfaro parcels are located on the eastern side of the property and would
provide a good expansion area for the facility.
Although the additional acreage is not immediately necessary to sustain
ACC operations, staff sees the ability to acquire the abutting land as a rare
opportunity that would afford a possible solution to this emerging constraint
and otherwise provide flexibility and reduce the impact on operations for the
impending renovation project as well as allow for future operational
growth. On April 18, 2023, the Board of
County Commissioners (Board) authorized staff to negotiate the acquisition of
the subject property. Staff obtained two
appraisals valuing the property at $3,940,000 and $4,050,000 respectively, with
an average appraised value of $3,995,000.
While the asking price for the property was $4,700,000, the seller has
agreed to accept $4,200,000 which is $205,000 (5.1%) above the average
appraised value. This acquisition will be funded from general funds in County
contingency reserves. ACC will be responsible for the administration of the
parcels. The County will pay the
recording costs estimated to be approximately $100. All costs related to the acquisition will be
funded from general funds in County contingency reserves. This acquisition must be approved by a
supermajority vote (5 Commissioners). (Property & Real Estate Management) District
2 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
4. Staff recommends
motion to:
A) adopt a Resolution authorizing a one (1) year Lease
Agreement (Agreement of Lease) with the City of West Palm Beach for the use of
seven (7) parking spaces for use as public parking spaces on County-owned
property located at 429 Park Place in West Palm Beach; and
B) approve a Lease Agreement
(Agreement of Lease) with the City of West Palm Beach for parking spaces to use
as public spaces on County-owned property located at 429 Park Place in West
Palm Beach for a one year term, commencing upon execution, with the option to
renew for two (2) successive periods of two (2) years each, at a monthly rent
rate of $350.
SUMMARY: The County owns the property
located at 429 Park Place in West Palm Beach.
The property has a warehouse currently used by the Clerk's Office for
storage. On July 12, 2022, the Board of County Commissioners (Board) authorized
entering into a Lease Agreement with the City of West Palm Beach (City) for use
of the parking spaces for general use by the public visiting the nearby retail
facilities. This Lease Agreement is for seven (7) parking spaces at the
property. The term of the lease is for one (1) year with the option to extend
for two additional terms of two (2) years. The rent is $350 per month or $4,200
annually. City shall install signage,
monitor and enforce parking, and be solely responsible for general upkeep of
the parking spaces including line striping if that becomes necessary during the
term of the lease. County is responsible
for all other routine maintenance. Operation of the parking spaces as public
spaces shall not interfere with the Clerk’s daily operations. Either party may
terminate the lease, for any reason, with 60 days prior written notice to the
other. Property & Real Estate
Management Division will have management responsibility for this Agreement.
(Property & Real Estate Management) District 2 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
5. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of a
vacant County-owned property to the
Lake Worth Beach Community Redevelopment Agency (CRA), a Florida dependent
special district, at no charge pursuant to Florida Statutes, Section 125.38,
and with reservation of mineral and petroleum rights, but without rights of
entry and exploration; and
B) approve a County Deed in
favor of the CRA conveying a vacant property at 417 S D Street in Lake Worth
Beach, Florida.
SUMMARY: The County acquired the parcel located at 417 S D Street in Lake Worth
Beach by Tax Deed in February 2022. The
property is approximately 0.155 acres. The CRA has requested the County convey
the property to it for the development of an affordable home. Since 1989, the
CRA has successfully implemented over 400 affordable housing projects and has
an established track record in the affordable housing arena in Palm Beach
County. The CRA plans to work with the City of Lake Worth Beach (City) to clear
any assessments and fines due on the property, then transfer the property to
the Community Land Trust of Palm Beach and Treasure Coast to build a home for a
family earning less than 140% of area median income (AMI). Upon conveyance of
the title to the CRA, the property will be encumbered with affordable housing
restrictions for no less than 30 years. Mineral and petroleum rights on the
property will be retained by the County in accordance with Florida Statutes
Section 270.11, without rights of entry and exploration. The fiscal impact is a
savings of $600 in fees that County pays annually to maintain the property. This
conveyance must be approved by a Supermajority Vote (5 Commissioners). (Property
& Real Estate Management) District 3 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
6. Staff recommends
motion to approve:
A) Budget Transfer of $1,500,000 in the General
Fund from General Fund Contingency Reserves; and
B) Budget Amendment in the amount of $1,500,000
in the Public Building Improvement Fund 3804 to recognize the transfer and
appropriate the funds for additional Information Technology (IT) equipment and
cabling for the Supervisor of Elections (SOE) Production Facility project as
well as building modifications for the SOE warehouse facility.
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
6. SUMMARY:
On
November 19, 2019, the Board of County Commissioners (Board) approved the
contract with Kast Construction Company LLC (Kast) for construction management
services for the SOE Production Facility project. On December 7, 2021, the
Board approved Amendment No. 1 (R2021-1793) for the construction of
approximately 156,000 square feet of office and warehouse space which will
house the SOE administrative offices and production facility operations; a
multi-story parking garage of approximately 146,000 square feet and additional
surface parking for both public and staff use; including all the associated site
infrastructure improvements required to support both buildings. At the time of
project commencement in March 2022, Staff included in the project budget an
allocation of $926,000 for cabling and telephone systems, both of which are to
be provided by a vendor in coordination with the County’s Information System
Services (ISS) Department. Construction of the project is fast approaching the
phase where cabling and installation of the telephone system will be
required. As Staff intended to execute
the purchase order for the same, the vendor issued a notification of a price
increase totaling $274,000.
Additionally, ISS and the office of the SOE have identified needed
information technology (IT) equipment (i.e., Wi-Fi, network and Distributed
Antenna System) not included in the project scope totaling $525,000 and
$300,000, respectively. Combined, the
price increase for the cabling and telephone system, along with the additional
IT equipment requested by ISS and SOE totals $1,099,000. The equipment is
required for the operation of the new SOE Production Facility. Although Staff
had budgeted a project contingency, the same has been depleted as a result of
price escalation during the 60-day subcontractor buyout process and pending
change orders required during construction. The project duration has been
impacted by supply chain delays, the most critical of which was the switchgear
delivery increasing from 52 weeks to 84 weeks (actual delivery occurred on June
23, 2023). Staff has closely coordinated with Kast to implement all available
mitigating actions in order to minimize impacts to the overall schedule and
cost. As of this agenda item, the
project is expected to obtain its Certificate of Occupancy by January 8, 2024.
The current schedule has no flexibility left to accommodate additional delays.
If further delays are experienced due to man-made or natural conditions, the
SOE will not be able to relocate its warehouse operations to the new facility
and will then need to remain at its current Riviera Beach facility until after
the 2024 presidential election. The State of Florida has advised that
security-related building modifications to the Riviera Beach facility will be
required in order for it to continue in operation during the 2024 election
cycle. Staff estimates said modifications will cost $321,000. : Since all project funds have been depleted,
Staff is recommending a budget transfer from the General Fund Contingency
Reserves in the amount of $1,500,000 to cover the previously detailed costs and
allocate $80,000 in additional contingency. This project is funded by the
51.05M NAV Pub Imp Rev Bonds, 21A, CP, SOE Bldg Fund and the Public Building
Improvement Fund. (Capital Improvements Division) District 7 (MWJ)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
7. Staff recommends
motion to deny approval: of the Revival of the Declaration of Protective Covenants,
Restrictions, Reservations, Servitudes and Easements affecting the County-owned
real property at 13515 Caloosa Boulevard in unincorporated Palm Beach
Gardens. SUMMARY: The County has owned the
vacant property at 13515 Caloosa Boulevard in unincorporated Palm Beach
Gardens, which is part of the Caloosa community, since 1983 when the assets of
several Fire Control Taxing Districts were transferred to the County. The
Caloosa community is governed by the Board of Directors of the Caloosa Property
Owners Association, Inc. (Association). The Association is in the process
of reviewing its Declaration of Protective Covenants, Restrictions,
Reservations, Servitudes and Easements (Governing Documents) so that the same
may be amended to bring them up to modern standards. Prior to amending
said documents, the Association must undergo a process called covenant
revitalization to ensure that the existing Governing Documents will be valid
and binding for the next thirty (30) years. As part of the covenant
revitalization process, each property owner may cast its vote to approve or
disapprove the revival of the Governing Documents. Typically, the County tries
to obtain releases from property or homeowners associations, when possible, in
situations where County-owned property may be subject to association governing
documents. In this instance, the subject County-owned property was already
subject to the Governing Documents when the property was transferred to the
County in 1983. Staff recommends disapproval of the revival of the Governing
Documents. Staff intends to reach out to the Association to obtain a
release. There is no fiscal impact associated with approval of this item.
(Property & Real Estate Management) District 1 (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
8. Staff recommends
motion to approve:
A) Budget transfer in
the amount of $7,444,070 within the Public Building Impact Fees Fund 3805 to appropriate funds to the Palm Beach County
Sheriff’s (PBSO) District 1 Substation and Marine Unit project;
B) Budget transfer in
the amount of $1,626,493 within the Law Enf/Impact Fees Z2 Rd Patl Fund 3803 to
appropriate funds to the (PBSO) District 1 Substation and Marine Unit project;
C) Budget transfer in
the amount of $458,049 within the Public Building Improvement Fund 3804 to
appropriate the residual funds from the PBSO Explosive and Ordinance Division
Interior Renovation Project to the (PBSO) District 1 Substation and Marine Unit
project;
D) Budget transfer in
the amount of $4,223,256 within the General Fund from General Fund Contingency
Reserves;
E) Budget amendment in the amount of $4,223,256
in the Public Building Improvement Fund 3804 to recognize the transfer and
appropriate the funds to the PBSO District 1 Substation and Marine Unit project
budget;
F) Budget amendment
of $276,000 in the Public Building Improvement Fund 3804 recognizing revenue
received and to increase the PBSO District 1 Substation and Marine Unit project
budget account for Furniture, Fixtures and Equipment (FF&E); and
G) Amendment No. 1 to the Construction Manager
(CM) at Risk Services contract (R2020-1692) with Kaufman Lynn Construction,
Inc. establishing a Guaranteed Maximum Price (GMP) in the amount of $21,828,505
for the PBSO District 1 Substation and Marine Unit project for a period of 518
calendar days from notice to proceed.
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
8. Summary: The PBSO District
1 Substation and Marine Unit project was developed as a joint initiative to
provide the PBSO Marine Unit (Marine Unit) a permanent location to safely and
effectively service their ongoing marine operations while also consolidating
PBSO District 1 (District 1) administrative and field operations. It was
approved as part of the FY2019 Capital Improvement Program budget. There are
two key reasons supporting the need for constructing the new PBSO District 1
Substation and Marine Unit Facility. First, the old Marine Unit Building was
located at the Cherry Road complex and was demolished to facilitate the
construction of the new Supervisor of Elections (SOE) Facility. The Marine Unit
has since been temporarily relocated to the PBSO Stockade Facility and although
operational, the facility does not meet the Marine Unit’s long term needs.
Second, PBSO’s need to consolidate operations as District 1 previously had
limited space at the existing PBSO Headquarters Facility and its operations
were distributed throughout the County in collocated and leased space (secured
by PBSO) during the PBSO Headquarters renovation project. Space for District 1
has not been allocated at the renovated PBSO Headquarters facility, which is
nearing completion. As a result of both factors, construction of the PBSO
District 1 Substation and Marine Unit Facility has become critical. The goal of
the new PBSO District 1 Substation and Marine Unit Facility will be to
permanently house PBSO’s District 1 Substation and the Marine Unit in one joint
facility making operations more responsive to the community they serve, less
costly and more efficient. On November 17, 2020, the Board of County
Commissioners (Board) approved the CM at Risk Services contract (R2020-1692)
with the CM for the PBSO District 1 Substation and Marine Unit project. The
PBSO District 1 Substation and Marine Unit project includes, but is not limited
to, the construction of a new 25,000 square feet facility to house a new
District 1 substation, the Marine Unit, vehicle repair shop, specialty vehicle
storage shelter, support services (restroom, conference rooms and a parking lot
for guest and staff) and all associated site improvements. The new PBSO
District 1 Substation and Marine Unit Facility will be located on a six (6)
acre site located at 785 N. Jog Road, West Palm Beach. Amendment No. 1
establishes a GMP in the amount of $21,828,505 for the construction management
services necessary for the construction of the new PBSO District 1 Substation
and Marine Unit project. The CM will have 518 calendar days from notice to
proceed to substantially complete the project. Liquidated damages for failure
to achieve certification of substantial completion within the contract time or
approved time extension thereof are $211 per day. The final GMP value of $21,828,505 is
inclusive of all construction costs with the exception of furniture, fixtures
and equipment (including specialized equipment), which PBSO is to fund directly
and, consistent with past practice, County staff will procure.
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
8. SUMMARY
(cont’d.) A comprehensive value engineering (VE) effort was collaboratively
implemented by County staff, the design consultant, and the CM, to reduce the
project costs still, after completion of the public competitive procurement
process by the CM, the resulting GMP exceeds the available project budget.
County staff identified potential supplementary funding sources under the Law
Enforcement Impact Fee Reserves (3803), Public Building Impact Fee Reserves
(3805) and PBSO Ordinance Division (B694) funds to cover a majority of the
funding deficit. After applying said funds, the remaining deficit totals
$4,223,255.93 which County staff recommends be funded from County reserves. Impact fees will not be utilized for the
replacement portion of the Marine Unit which is approximately 3,025 square
feet. The Marine Unit component of the new PBSO District 1 Substation and
Marine Unit Facility is approximately 8,500 square feet. This new facility for
the Marine Unit replaces the former 3,025 square feet Marine Unit facility
which was demolished to accommodate the construction of the new SOE Facility.
The CM was selected through a competitive solicitation in accordance to the
Equal Business Opportunity (EBO) Ordinance. On August 17, 2022, the Goal
Setting Committee (GSC) established an Affirmative Procurement Initiative (API)
of 20% mandatory Small Business Enterprise (SBE) participation of which 6% must
be African American or Hispanic American. SBE participation on this GMP is
27.06% of which 6.40% is African American or Hispanic American. SBE
participation on the contract to date is 27.14% of which 6.49% is African
American or Hispanic American. The CM is not a certified SBE, but has partnered
with M.C.O. Construction and Services, Inc., a Small/ Minority/ Woman-Owned
Business Enterprise (S/M/WBE), for services in the amount not less than 25% of
the CM fee and overhead/profit earned by the CM. The Contractor has an office
located in Palm Beach County. Funding for this project is from the Infrastructure
Sales Tax Fund; 51.05M NAV Pub Imp Rev Bonds, 21A, CP, SOE Bldg Fund;
Public Building Impact Fees Fund; Law Enfc/Impct Fees Z2 Rd Patl Fund; and
Public Building Improvement Fund. (Capital Improvements Division) District
2 (MWJ)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
9.
Staff recommends motion to approve: a revised County Deed in favor of Transit
Village, LLC (TV) conveying a portion of the County's existing Intermodal
Transit Center Property (ITC Property) consisting of approximately 4.11 acres
together with the air rights commencing 21 feet 4 inches atop the 1.648-acre
portion which the County will continue to own and the areas within the County
retained property where the footers and columns will be placed. SUMMARY: On
August 14, 2012, the Board of County Commissioners (Board) entered into an
Agreement for Purchase and Sale (R2012-1158, as amended thrice: R2018-0956;
R2020-0517; and R2021-1587; collectively referred to as PSA) with Transit
Village, LLC (TV) for the sale of a portion of the County-owned parcel of land
at the southeast corner of Banyan Boulevard and Clearwater Drive, which is the
current site of the County’s Intermodal Transit Center (ITC Property).
Pursuant to the PSA, TV is to construct a mixed-use development, including a
parking garage on the ITC Property (Project). On June 13, 2023, the Board
approved the replat of the ITC Property, which was subsequently approved by the
City of West Palm Beach City Commission on June 26, 2023. At closing and
subsequent to recordation of the replat, the County will convey Tracts 1 and 2
thereof totaling 4.11 acres (Tracts 1 and 2) to TV, together with the air
rights for overhead construction commencing 21 feet 4 inches atop the
1.648-acre Tract 3 and the portions of Tract 3 upon which the footers and
columns will be placed. The County will otherwise maintain ownership of
the remainder of Tract 3. On August 4, 2023, TV delivered to the County
its notice to proceed to closing in twenty (20) days, establishing the Closing
Date as August 24, 2023. Staff deemed said notice to be premature as
approval from the Federal Transit Administration (FTA) to proceed with the sale
remained outstanding and is a condition precedent to closing that may not be
waived by County or TV; the corresponding response was delivered to TV by means
of a letter dated August 9, 2023. See attachment 3. Consistent with prior
Board direction to collaborate with TV towards Project attainment, included as
Attachment 4 to this agenda item is an updated detailed summary of eight
critical matters that must be addressed prior to closing, actions taken on each
to date and ongoing material matters having potential impact upon the County’s
real estate and operational best interests. Upon closing, the PSA
requires construction commencement within one year, and the Project Schedule
prepared by TV as required by the PSA confirms compliance with the same. (Property
& Real Estate Management) District 2/Countywide (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
10. Staff
recommends motion to:
A) approve declaring the approximately 6.34-acre
property located at 5741 Okeechobee Boulevard (property control number
00-42-43-23-00-000-7120) (Property) as surplus; and
B) authorize
Staff to issue a
request for proposals (RFP) to dispose of the Property for development of
affordable and/or workforce housing.
SUMMARY: As
of February 8, 2023, County-owned real estate (CORE) holdings amounted to 2,595
property control numbers (PCNs). The vast majority of said holdings,
approximately 71%, are parcels under the control of the Environmental Resources
Management (ERM) and Parks & Recreation (PR) departments. Attachment 1 to
this agenda item provides a detailed count of PCNs per Department of Control
(DOC). Discounting the properties controlled by ERM, PR and the Department of
Airports (which cannot be disposed of without approval of the Federal Aviation
Administration), as of February 8, 2023, there are a total of 179 vacant PCNs
(i.e., approximately 6.9% of all County-owned PCNs). Out of the 179 vacant
PCNs, 121 are under one acre (i.e., 4.7% of all County-owned PCNs or 67.6% of
all vacant PCNs). All but one of the vacant PCNs have assigned future uses or
carry constraints that make development potential questionable at best.
Attachment 2 to this agenda item provides a full detail of the 179 vacant CORE
holdings, their corresponding assigned use and/or potential development
constraints. Staff notes that smaller parcels slated for housing, as detailed
on Attachment 2, are part of the infill housing project for which schematic
design is underway. The approximately 6.34-acre parcel located at 5741
Okeechobee Boulevard (Property) has been identified as a County-owned real
estate holding that could be declared surplus as it currently has no assigned
use nor has a need for the Property been identified to achieve any future level
of service. See Attachment 3 to this agenda item for an aerial map depicting
the Property. Staff recommends declaring the Property surplus and that staff be
authorized to issue an RFP to dispose of the Property for development of
affordable and/or workforce housing. The proposed material terms for the
RFP are included as Attachment 4 to this agenda item. Recent changes to Florida
law (under SB 102) require the County to prepare, by October 1, 2023, and every
three years thereafter, an inventory list of all real property within its
jurisdiction to which the county or any dependent special district within its
boundaries holds fee simple title which is appropriate for use as affordable
housing. If the Board of County Commissioners (Board) approves staff’s
recommendation to declare the Property surplus, staff will proceed to prepare a
public hearing item listing the Property, and any other real property
identified by the seven dependent special districts within the County’s
boundaries, to be considered by the Board during its September 19, 2023 regular
meeting. This agenda item carries no fiscal impact. (Property & Real Estate
Management) District 2/Countywide (HJF)
AUGUST 22, 2023
6. REGULAR AGENDA
I. WESTGATE/BELVEDERE HOMES CRA
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida
approving the Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA)
Fiscal Year 2024 Budget for its Redevelopment Trust (Operating) Fund, Capital
Improvement Fund, Transportation Planning Agency Grants and Debt Service Fund. Summary:
The Budget is comprised of four (4) components; (1) The Redevelopment Trust Fund, in the amount of $4,326,956,
represents the CRA’s Annual Tax Increment Financing (TIF), rental income and
balance brought forward from previous years. TIF revenues will be used for
payments to Florida Power & Light for street lighting, CRA operations and
other programs and projects. (2) The
Capital Improvement Fund, in the amount of $1,830,000, represents projected
loan proceeds, balances of reimbursable grants awarded to the CRA by County,
State, and Federal governments for construction activities. (3) The
Transportation Planning Agency (TPA) Fund in the amount of $4,400,000
represents construction funds expected to be reimbursed by the TPA and the
Florida Department of Transportation (FDOT). Lastly, (4) The Debt
Service Fund in the amount of $900,000 represents funds set aside for loan
repayment. Districts 2 and 7 (RS)
J. AIRPORTS
1. Staff recommends
motion to:
A) approve a Development Site
Lease Agreement (Lease) with PopStroke West Palm Beach, LLC, a Florida limited
liability company (PopStroke), for the lease of approximately 146,937 square
feet (+3.37 acres) of unimproved ground located near the southwest
corner of Australian Avenue at Belvedere Road at the Palm Beach International
Airport (PBI), for the development of an indoor/outdoor golf-related
entertainment and dining facility, effective upon Board approval and expiring
30 years from the date of beneficial occupancy, for payment of annual rental
equal to the greater of ground rental in the initial amount of $448,158, or
percentage rent equal to 4% of annual gross revenues up to $10,000,000, plus 2%
of annual gross revenues greater than $10,000,000; and
B) authorize the Director of the
Department of Airports or designee to execute, on behalf of County, the Owner’s
Affidavit and Memorandum of Lease in the form attached to the Lease; all
applications and similar instruments required to obtain necessary governmental
approvals for development of the property; and an amendment to the Lease to
reflect the final legal description based on site plan approval.
AUGUST 22, 2023
6. REGULAR AGENDA
J. AIRPORTS (cont’d.)
1. Summary: The Lease provides for the development of an
indoor/outdoor golf-related
entertainment and dining facility consisting of two
18-hole outdoor mini-golf courses, and approximately 13,933 square feet of
building area with food and beverage service space. Popstroke will pay annual
rental equal to the greater of ground rental in the initial amount of $448,158,
or percentage rent equal to 4% of annual gross revenues up to $10,000,000 plus
2% of annual gross revenues greater than $10,000,000. Ground rental will be
adjusted every three years, commencing October 1, 2025, subject to a consumer
price index (CPI) cap. In 2037 and 2049, rental will be adjusted based only on
appraised value with no CPI cap. The total anticipated investment to be made by
PopStroke is $8,000,000. The venue is
anticipated to create approximately 100 full-time and 60 part-time jobs. The Lease is contingent on receipt of all
necessary governmental approvals, including FAA approval. The Lease was
submitted to the FAA on June 5, 2023 for approval. Construction must be
completed within 16 months of the effective date of the Lease. The Lease is subject to the Airport
Concession Disadvantaged Business Enterprises (ACDBE) requirements of 49 CFR
Part 23. The ACDBE participation goal was 2.17%. Popstroke has committed to
achieve 3% ACDBE participation. Although the Equal Business Opportunity
Ordinance does not apply to the Lease, Popstroke also committed to 2.5% Small
Business Enterprise (SBE) participation in the construction of its leasehold
improvements. The Lease requires the County to deliver an Owner’s Affidavit and
Memorandum of Lease for title and financing purposes. The Department is
requesting a delegation of authority to the Department Director or designee to
sign the documents required by the Lease, applications for development approvals
when the signature of the property owner is required, and an amendment to the
Lease to reflect the final legal description based on site plan approval. Countywide (HF)
* * * * * * * * * * * *
AUGUST 22, 2023
7. BOARD
APPOINTMENTS
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
AUGUST 22, 2023
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: The updated Board Directive
Reports which include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County
Commissioners Meeting, direction was given to the County Administrator to
submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2)
Completed Items. The report continues
to be updated on an on-going basis. Countywide
(DC)
B. COUNTY ATTORNEY
AUGUST 22, 2023
9. COMMISSIONER
COMMENTS
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
Requesting off-site approval for Proclamation declaring the second week
of January 2024 as SuperCar Week.
District 4 – COMMISSIONER MARCI WOODWARD
Requesting off-site approval for Certificate of Congratulations
presented to National Council on
Compensation Insurance on its 100th Anniversary. (off-site
8/30)
District 5 - COMMISSIONER MARIA SACHS
Requesting
off-site approval for Declaring September 2023 as 211 Suicide Awareness and
Prevention Month.
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
AUGUST 22, 2023
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."