January 23, 2024
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JANUARY 23, 2024
PAGE ITEM
14 3A1 *DELETED
– staff pulled for further review (ADMIN)
32 3E9 *DELETED
– staff pulled for further review (COMM SVCS)
86 3GG2 *REVISED
MOTION/TITLE (OEO) / Staff recommends motion to approve:
Contracts for the Handicap Accessibility and Awareness Grant Program
with the non-profit agencies listed below, as of the date of approval of the
contract by the Palm Beach County Board of County Commissioners (BCC) through
September 30, 2024, in the amount not to exceed $11,750 $13,000:
A) a Contract with CareerSource Palm Beach
County, to provide funding to purchase assistive technology to increase access
to their services to persons with disabilities to find and obtain employment,
in an amount not to exceed $6,500; and
B) a Contract with National Federation of the
Blind of Florida, Inc., to provide funding to blind and visually impaired individuals
to cover the costs of attending conferences or seminars to obtain access to
information which would assist them in quality independent living, job training
and technology information, in an amount not to exceed $5,250 a Contract with
Lighthouse for the Blind of the Palm Beaches, to provide funding to present
sensitivity and public awareness programs to increase the public awareness as
to the rights and abilities of persons with disabilities, in an amount not to
exceed $6,500.
87 3HH1 *DELETED –
staff pulled for further review (WATER TASK FORCE)
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 (*).
* * * * * * * * * * *
ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 23, 2024
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 14 - 87)
4. SPECIAL
PRESENTATIONS (Page 88)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 89)
6. REGULAR
AGENDA (Pages 90 - 99)
7. BOARD
APPOINTMENTS (Page 100 -
101)
8. STAFF
COMMENTS (Page 102)
9. BCC
COMMENTS (Page 103)
10. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
104)
11. ADJOURNMENT (Page 105)
* * * * * * * * * * *
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 14
3A-1 Treasure
Coast Regional Planning Council reappointment of regular and alternate members.
B. CLERK & COMPTROLLER
Page 15
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.
C. ENGINEERING & PUBLIC WORKS
Page 15
3C-1 Consultant
Services Authorization No. 3 to the Intersection Improvements Annual Design
Services Contract with HSQ Group, LLC for the Palmetto Park Road and Powerline
Road Intersection Improvements project.
Page 16
3C-2 Work
Order G-18 with Gerelco Traffic Controls, Inc. to construct the mast arm
traffic signal at the intersection of Weisman Way and Sansburys Way, and
approve a Budget Amendment.
Page 17
3C-3 Contract
with M&M Asphalt Maintenance, Inc. for the construction of Penn Park
Neighborhood Resurfacing Federalized project.
3C-4 Consultant
Service Authorization No. 2 with Kimley-Horn and Associates, Inc. for the Torry
Island Swing Bridge Repairs project.
Page 18
3C-5 Contract
with Bergeron Land Development, Inc. for the construction of SW 18th
Street and Boca Rio Road project, and approve a Budget Transfer.
3C-6 Consultant
Service Authorization No. 1 with Scalar Consulting Group, Inc. for the East
Ocean Avenue Bridge over Hypoluxo Island Lagoon project.
Page 19
3C-7 Sovereignty
Submerged Lands Easement Renewal from Trustees of the Internal Improvement
Trust Fund for the submerged lands under the Center Street bridges over Sims
Creek and Jupiter Creek.
Page 20
3C-8 Resolution
approving the 2022 Safe Streets and Roads for All Grant Program agreement with
USDOT, approve an agreement with USDOT to reimburse the County to develop and
complete the project, and adopt a Resolution delegating signatory authority to
the County Administrator and/or designee.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
C. ENGINEERING & PUBLIC WORKS (cont’d.)
Page 21
3C-9 Adopt-A-Road agreement with Royal Palm Beach
Rotary Club, Inc. for litter removal.
3C-10 Work Order 2021050-89 with Ranger Construction Industries, Inc. to
mill and resurface SW 18th Street from Boca Raton to Military Trail.
Page 22
3C-11 Work Order 2021050-70 with Ranger Construction
Industries, Inc. to mill and resurface the maintained residential streets
within the Lakes at Boca Raton Subdivision.
D. COUNTY ATTORNEY
Page 22
3D-1 Settlement
agreement in the personal injury case with Veronica Ramirez.
Page 23
3D-2 Settlement
agreement in the personal injury case with Amber McMillian.
E. COMMUNITY SERVICES
Page 24
3E-1 Notice
of Award No. 6 from U.S. Department of Health and Human Services for carryover
funds for Grant Year 2023 for Ending the HIV Epidemic, and Notice of Award No.
8 to authorize prior approval request for capital purchases.
Page 25
3E-2 Notice
of Award No. 6 from U.S. Department of Health and Human Services to continue
improving health outcomes for clients with HIV/AIDS, and approve a Budget
Amendment.
Page 26
3E-3 Ratify
the Mayor’s signature on the Phase 41 Emergency Food and Shelter Program Grant
Application for the provision of rental and mortgage assistance.
Page 27
3E-4 Subrecipient
agreements with several agencies in Emergency Solutions Grant Program funds.
Page 28
3E-5 Fifth
Amendment with the Florida Alliance of Children’s Councils and Trusts, Inc. for
the utilization of the SAMIS database.
Page 29
3E-6 Appointments
of four (4) members to the Veteran Services Advisory Board.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES (cont’d.)
Page 30
3E-7 Continuum
of Care Program Grant Agreement to provide rapid-rehousing and supportive
services in conjunction with the City of West Palm Beach, and approve a Budget
Amendment.
Page 31
3E-8 Florida
Power & Light Care to Share Program agreement for a five (5) year period,
to prevent loss of power for residents of Palm Beach County.
Page 32 - 33
3E-9 Ratify
the Mayor’s signature on Modification No. 2 of Federally Funded Subgrant
Agreement with FDOC to provide economic mobility and economic stability services
to low-income households, multiple Notice of Grant Awards, and several Budget
Amendments.
F. AIRPORTS
Page 33
3F-1 Four (4) Consent to Sublease documents with
several subtenants to sublease space by Jet Aviation, Ltd. at PBI.
Page 34
3F-2 Public Transportation Grant agreement with
FDOT for the Runway 4/22 Rehabilitation project at Palm Beach County Park
Airport, and approve a Budget Amendment.
3F-3 Public Transportation Grant agreement with
FDOT for Design & Construction new Taxiway Connector at Taxiway Charlie and
Taxieway Mike at PBI, and approve a Budget Amendment.
Page 35
3F-4 Change Order No. 1 with The Morganti Group,
Inc. for Work Order MC16 Terminal Roof Improvements at PBI, and approve a
Budget Transfer.
Page 36
3F-5 Amendment No. 3 with AVCON, Inc. for the
continued performance of professional planning and design services related to
the approved PBI Capital Improvement Program, and approve a Budget Transfer.
Page 37
3F-6 Amendment No. 2 with Ricondo &
Associates, Inc. for the continued performance of professional planning and
design services related to the approved PBI Capital Improvement Program, and
approve a Budget Transfer.
Page 38
3F-7 Change Order No. 4 with Alen Construction
Group, Inc. in an amount and an extension for the 400Hz Ground Power Unit Point
of Use project, and approve a Budget Transfer.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
(cont’d.)
Page 39
3F-8 Amended
and Restated Airport Parking Facilities Management agreement with SP Plus
Corporation for the operation and management of the airport parking facilities
and shuttle services at PBI, and approve a Budget Transfer.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 40
3G-1 Settlement
offer for the full satisfaction of a code enforcement lien against Corey
Michel.
3G-2 Settlement
offer for the full satisfaction of a code enforcement lien against Cesar
Sanchez.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 41 - 42
3H-1 Budget
Transfer within IST funds/reserves for the Gramercy Park Expansion project, approve
Amendment No. 1 with Hatcher Construction & Development, Inc. establishing
a Guaranteed Maximum Price, and approve an Irrevocable Letter of Direction.
Page 43
3H-2 Request
for an increase to the maximum cumulative value for the annual electric contract
for electrical services.
Page 44
3H-3 Request
for an increase to the maximum cumulative value for the annual fire alarm
repair and replacement contract.
Page 45
3H-4 Request
for an increase to the maximum cumulative value for the annual flooring contract.
Page 46
3H-5 Request
for an increase to the maximum cumulative value for the annual demolition
contract.
Page 47
3H-6 Work
Order No. 23-014 with Florida Mechanical LLC for the Palm Beach County
Graphics-HVAC Replacement project.
Page 48
3H-7 Resolution authorizing a Lease Agreement with
the Rowing Club of the Palm Beaches, Inc. to lease approximately 17,630 square
feet at the Lake Ida East Park, and approve Lease Agreement.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 49
3H-8 Work
Order No. 24-003 with Cedars Electro-Mechanical, Inc. for the Water Utility
Southern Region Water Reclamation Facility replacement project.
Page 50
3H-9 Annual Contract with Carrier Corporation for
Heating, Ventilation and Air Conditioning.
Page 51
3H-10 Interlocal Agreement with the City of Stuart
allowing interoperable communications through the countywide common talk
groups.
3H-11 Interlocal Agreement with the Town of Palm
Beach allowing direct access to the County’s Public Safety Radio System.
Page 52
3H-12 First Amendment with the City of Pahokee to the
extend the term of the agreement for fleet management services.
Page 53
3H-13 Work Order No. 24-005 with Andrea Construction,
Inc. for the Coconut Cove Waterpark-Pool Deck Resurfacing project.
Page 54
3H-14 First Amendment with the Town of Highland Beach
to extend the term of the agreement for the interoperable communications
through the countywide common talk groups.
3H-15 First Amendment with the School Board of Palm
Beach County to extend the term of the agreement for the use of the County’s
courthouse facilities for Youth Court.
Page 55
3H-16 Annual Contract with T&G Corporation for
the roofing services.
Page 56
3H-17 Interlocal Agreement with U.S. Homeland
Security, U.S. Seventh Coast Guard District allowing for interoperable
communications through the countywide common talk groups.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 57
3I-1 Resolution approving the issuance of one or
more series of Revenue bonds for Palm Beach Atlantic University, Inc.
Page 58
3I-2 Cooperative Agreement with U.S.
Environmental Protection Agency for a Brownfields Assessment Grant, approve a
Budget Amendment, and delegate County Administrator and/or designee.
Page 59
3I-3 Impact Fee Affordable Housing Assistance
Program funding award, authorize Mayor, and approve several Budget Transfers.
J. PLANNING, ZONING & BUILDING
Page 60
3J-1 Appointment
of three (3) new members to the Construction Industry Licensing Board.
K. WATER UTILITIES
Page 61
3K-1 Non-standard
Utility Easement granted by The School District of Palm Beach County on
property located at 425 West Canal Street, Belle Glade.
Page 62
3K-2 Change
Order No. 3 with R.J. Sullivan Crop. For the Southern Region Water Reclamation
Facility Secondary Clarifier and Effluent Filtration Improvements project.
Page 63
3K-3 Two
(2) Standard Portable Water and Wastewater Development Agreements, an Amendment
to Standard Portable Water and Wastewater and a Memorandum of Understanding
Regarding Water and Wastewater Service.
Page 64
3K-4 Contract
with Black & Veatch Corporation for the Utility Hydrogeologic Engineering
Services.
3K-5 2023 Lift Station Rehabilitation Continuing
Construction Contract with Hinterland Group Inc. contract.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 65
3L-1 Standard
Grant Agreement with FDEP providing for mechanical fuel reduction for the
Loxahatchee Slough Habitat Restoration Project, approve a Budget Amendment and
authorize County Administrator and/or designee.
Page 66
3L-2 Amendment
with the Seaview at Juno Beach Property Owner’s Association, Inc. for trimming
of native vegetation on County-owned property in Juno Beach to extend the term.
3L-3 Annual
Certified Budget for Mosquito Control with Florida Department of Agriculture
and Consumer Services for mosquito control.
Page 67
3L-4 Amendment
No. 4 with the U.S. Bureau of Land Management for the management of the Jupiter
Inlet Lighthouse Outstanding Natural Area, and approve a Budget Amendment.
Page 68
3L-5 Ratify
the Singer Island Emergency Dune Restoration Contract with Eastman Aggregate
Enterprises, LLC to provide dune restoration services, and accept a Temporary
Construction Easement with Eastpointe II Condominium Association, Inc. to
provide an expanded construction access area.
Page 69
3L-6 Interlocal
Agreement with the City of Rivera Beach and City of West Palm Beach for manatee
law enforcement services.
M. PARKS & RECREATION
Page 70
3M-1 Entertainment Contractor Agreement with
Louise J McKinnon-White for the Planet Lulu concert.
3M-2 Amphitheater Rental Agreement with
Alzheimer’s Disease and Related Disorders Association, Inc. for the Walk to End
Alzheimer’s Event at Sunset Cove Amphitheater.
Q. CRIMINAL JUSTICE COMMISSION
Page 71
3Q-1 First
Amendment with Southeast Florida Behavioral Health Network, Inc. to extend the
term of the contract, and a Second Amendment to extend the term.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
S. FIRE RESCUE
Page 72
3S-1 Interlocal
Agreement for Fire Vehicle Maintenance and Repair Services with the Town of
Palm Beach Shores.
3S-2 Request
to authorize County Administrator and/or designee to sign the State FY2023-2024
annual Emergency Medical Services Matching Grant Application, and authorize
County Administrator and/or designee.
Page 73
3S-3 Request
of Budget Transfer within the Fire Rescue Improvement Fund for unforeseen increase
in costs for Fire Stations No. 17 and 49.
X. PUBLIC SAFETY
Page 74
3X-1 Grant
Agreement for the Emergency Management Performance Grant to receive funding to
improve and enhance emergency management plans and programs, and approve a
Budget Amendment.
3X-2 Florida
Department of Health Emergency Medical Services Program, Grants Section Change
Request.
Page 75
3X-3 Resolution
authorizing the County Administrator and/or designee to sign the annual Florida
Department of Health Emergency Medical Services County Grant Application.
3X-4 First
Amendment with the City of Riviera Beach to provide temporary medical staff to
the disaster shelter.
Page 76
3X-5 Subcontract
with the Florida Council Against Sexual Violence, approve the additional of one
staff position, and approve a Budget Amendment.
CC. SHERIFF
Page 77
3CC-1 Accept a Subgrant Agreement from FDOT for the
Palm Beach County Occupant Protection project, and approve a Budget Amendment.
Page 78
3CC-2 Accept a Department of Homeland Security FY2023
Targeted Violence and Terrorism Prevention Grant Program grant award, and
approve a Budget Amendment.
3CC-3 Accept a Bureau of Justice Assistance State
Criminal Alien Assistance Program FY2023 Grant, and approve a Budget Amendment.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
(cont’d.)
Page 79
3CC-4 Grant Modification #2 with the Office of
National Drug Control Policy to provide supplemental funds, and approve a
Budget Amendment.
Page 80
3CC-5 Accept agreement with Palm Beach County Office
of Community Revitalization for a neighborhood outreach project, approve a
Budget Transfer, and approve a Budget Amendment.
DD. TOURIST DEVELOPMENT COUNCIL
Page 81
3DD-1 Two Category “G” Grant Agreements managed by
the Palm Beach County Sports Commission, Inc. with Caribbean Baseball
Organization, Inc. and with Boca Raton Champions Golf Charities, Inc.
Page 82
3DD-2 Two Category “G” Grant Agreements managed by
the Palm Beach County Sports Commission, Inc. with Men’s Senior Baseball
League, Inc. and with Miracle League of Delray Beach, Inc.
Page 83 - 84
3DD-3 Several
agreements for the Cultural Capital Fund Grant managed by the Tourist
Development Council for capital
improvement projects with several non-profit local agencies.
EE. MEDICAL EXAMINER
Page 84
3EE-1 Contract with AXIS Forensic Toxicology, Inc. to
provide forensic toxicology testing.
FF. INTERNAL AUDITOR
Page 85
3FF-1 Audit report #2024-01 Environmental Resources
Management-Contract Management, and the Audit Recommendation Follow-up Status
Report.
GG. OFFICE EQUAL OPPORTUNITY
Page 86
3GG-1 Amendment
No. 1 with the Legal Aid Society of Palm Beach County, Inc. for certain
contract
updates/add-ons.
3GG-2 Contracts with
CareerSource Palm Beach County and Lighthouse for the Blind of the Palm
Beaches to provide necessary funding for
various services.
JANUARY 23, 2024
TABLE OF CONTENTS
CONSENT AGENDA
HH. WATER RESOURCE TASK FORCE
Page 87
3HH-1 Approve The League of Cities board
appointments, along with other seats.
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 88
4A January 2024 Mentoring
Month
4B January 25-26, 2024 as the
24-Hour Homeless Point-in-Time Count Day
4C Certificate of recognition
Dr. Annette M. Gilbert
4D 75th Anniversary
of Boca Raton Airport
4E 8th Annual Judy
Levis Krug Boca Raton Jewish Film Festival Days
4F January 2024 as Florida
Jewish History Month
4G Susan G Komen More Than
Pink Walk Day
4H January 2024 Human
Trafficking Prevention Month
4I 100th
Anniversary of Jones Foster
PUBLIC HEARINGS – 9:30 A.M.
A. PALM TRAN
Page 89
5A-1 Resolution
authorizing signing of FY2024-FY2025 Section 5310 Grant Application for the
acquisition of replacement paratransit vehicles.
REGULAR AGENDA
A. AIRPORTS
Page 90
6A-1 Amendment No. 2 with AECOM Technical
Services, Inc. for the continued performance of professional planning and
design services related to the PBI Capital Improvement Program, and approve a
Budget Transfer.
Page 91
6A-2 Term Contract for Maintenance of Airport
Facilities and Systems with ERMC Aviation LLC providing for improvements to the
passenger boarding bridges and the purchase of a mobile loading bridge for use
at PBI, and approve a Budget Transfer.
JANUARY 23, 2024
TABLE OF CONTENTS
REGULAR AGENDA
B. FACILITIES DEVELOPMENT & OPERATIONS
Page 92
6B-1 Contract with 34ED, LLC for the
installation, implementation, and maintenance of an emergency notification
system at various County buildings, with individual consultant service
authorizations with Centegix.
Page 93
6B-2 Resolution authorizing conveyance of the
County’s interest lying within a 3’ wide strip of land located north of Blue
Heron Bridge, and approve a County Deed.
Page 94 - 95
6B-3 Amendment No. 2 with Kaufman Lynn
Construction, Inc. establishing a Guaranteed Maximum Price for the Lake Lytal
Aquatic Complex – Phase 2 Site Development project.
C. HOUSING AND ECONOMIC DEVELOPMENT
Page 96
6C-1 Community Development Block Grant Coronavirus
allocation for the rehabilitation of the Senator Philip D. Lewis Homeless
Resource Center.
Page 97
6C-2 Community Development Block Grant Coronavirus
funding to Harper Court Housing LLC, and to direct staff to negotiate funding
agreement, and to authorize County Administrator and/or designee.
Page 98
6C-3 Resolution endorsing and supporting the
“Housing for All” Palm Beach County’s Housing Action Plan.
Page 99
6C-4 Request direction of voter referendum for the
Economic Development Ad Valorem Tax Exemption Program.
BOARD APPOINTMENTS
Page 100 - 101
7A-1 Appointment
of one member to the Health Care District of Palm Beach County Board of
Commissioners Board to complete an unexpired term.
Page 101
7B-1 COMMISSIONER
DISTRICT BOARD APPOINTMENTS
JANUARY 23, 2024
TABLE OF CONTENTS
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 102)
STAFF
COMMENTS (Page 103)
COMMISSIONER
COMMENTS (Page 104)
ADJOURNMENT (Page 105)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to ratify: the following Palm Beach County League of Cities (League)
representatives to the Treasure Coast Regional Planning Council (TCRPC),
beginning January 23, 2024 to December 31, 2024:
Nominees Seat
No. Representing
Regular appointments:
Anne Gerwig, Mayor 4 Village of Wellington
Jeff Hmara, Councilman 5 Village
of Royal Palm Beach
Christopher McVoy, Vice Mayor 7 City
of Lake Worth Beach
Chelsea Reed, Mayor 8 City of Palm Beach Gardens
Alternate appointments:
Joseph Peduzzi, Commissioner
4A City of West Palm
Beach
Yvette Drucker, Councilmember 5A City
of Boca Raton
Deborah Searcy, Mayor 8A Village of North Palm Beach
Summary: TCRPC
discusses local
government comprehensive plans, developments of regional impact and other regional
planning activities. In
accordance with the TCRPC Rules of Order, the Board of County Commissioners
(BCC) appointed its members and alternates for the coming year. The TCRPC Rules
of Order also require the League to appoint municipal representatives and for
the BCC to ratify them. The League appointed the above municipal
representatives. There are currently three
(3) seats that are vacant. Countywide (DL)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
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
October
24, 2023 Comp Plan &
Zoning
November
21, 2023 Reorganization Final
November
21, 2023 Regular
November
28, 2023 Workshop
November
29, 2023 Zoning
December
5, 2023 Childcare Facilities
December
5, 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 November 2023. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Consultant Service Authorization (CSA) No. 3
to the Intersection Improvements Annual Design Services Contract (R2023-0476)
dated April 18, 2023 (Contract)
with HSQ Group, LLC (HSQ) in the amount of $246,769.09 for the Palmetto Park Road and Powerline Road Intersection Improvements
(Project). SUMMARY: Approval
of this CSA will provide the
professional services necessary to design turn lane improvements for the
Project. On January 5, 2022, the Goal Setting Committee applied Affirmative
Procurement Initiatives of a 20%
minimum mandatory Small Business Enterprise (SBE) participation and an SBE
evaluation preference. HSQ agreed to 80% SBE participation for the Contract.
They agreed to 100% SBE participation for this CSA. HSQ has an office located
in Palm Beach County (County) and is a certified SBE company. District
4 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to:
A) approve Work
Order G-18 for a cost not to exceed $501,623.16 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 Weisman Way and Sansburys Way, Palm Beach County
(County) Intersection ID Number 29862 (Project); and
B) approve a
Budget Amendment of $450,000 in the County Transport Trust to recognize
reimbursement funding from Florida Auto Auction of Orlando, Inc. dba Manheim
Palm Beach (Manheim) and appropriate it to the Project.
SUMMARY:
Approval of this Work Order will allow Gerelco to construct the Project.
Pursuant to Condition E.9 of Resolution R2009-0486, Manheim is required to fund
the cost of a mast arm traffic signal if warranted. In 2018 County staff
determined the signal is warranted and estimated the Project costs to be
$450,000. Manheim provided the County $450,000. The Project was then delayed
due to utility conflicts and an ongoing project at this location that is
anticipated to be completed in early 2024. The current market prices for the
related products and services to construct a mast arm traffic signal have increased
since 2018. Upon completion of the Project, Manheim will be refunded any excess
payment or be billed for any extra costs, depending on the actual Project cost.
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,
$2,223,980.19 of Gerelco’s $5,000,000 contract has been spent or encumbered.
Gerelco has an office located in the 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 2 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve: a contract with M&M Asphalt Maintenance,
Inc., D/B/A All County Paving (MAM) in the amount of $494,755 with a contract time of 60 calendar days for
the construction of Penn Park Neighborhood Resurfacing Federalized
(Project). SUMMARY: Approval of this contract will authorize the
construction services necessary to resurface the Palm Beach County (County)
maintained neighborhood roads and provide minor improvements for the Project.
Because this Project is funded by a federal Community Development Block Grant,
the Equal Business Opportunity Ordinance is not applicable. Bids for the
contract were received by the Engineering & Public Works Department (EPW)
on August 8, 2023. The contract time for the Project is 60 calendar days. MAM
was the lowest responsive bidder of four bidders. District 1 (YBH)
4. Staff recommends
motion to approve: Consultant Service Authorization No. 2 (CSA)
to the Annual Structural Engineering Services Contract (R2023-0263) dated March
14, 2023 (Contract) with
Kimley-Horn and Associates, Inc. (KHA) in the amount of $130,257.51 for the Torry Island Swing Bridge Repairs
(Project). SUMMARY: Approval of this
CSA will provide the professional
services necessary for the design of bridge repair plans for the
Project. The plans will address corroded steel members, missing rivets and
cracked welds. On January 5, 2022, the Goal Setting Committee applied
Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation of
which at least 5% must be Minority Business Enterprise participation for
African American owned firms, and an SBE evaluation preference. KHA agreed to
40% SBE participation for the Contract. They agreed to 13.8% SBE participation
for this CSA. KHA has an office located in Palm Beach County (County). District
6 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
5. Staff recommends
motion to:
A) approve a
contract with Bergeron Land Development, Inc. (BLD) in the amount of
$3,446,623.54 with a contract time of 480 calendar days for the construction of
SW 18th Street and Boca Rio Road (Project); and
B) approve
a Budget Transfer of $965,000 in the Road Impact Fee Zone 5 Fund from Reserves
and appropriate it to the Project.
SUMMARY: Approval of this contract will authorize the
construction services necessary to provide an additional southbound left turn lane
and mast arm traffic signals for the Project. This Project cost is higher than
the typical intersection improvement project. It includes structural items such
as gravity walls, retaining walls, steel sheet piling and new mast arm signals,
which accounts for over $1,280,000 of the Project cost. Approval of the Budget
Amendment will provide funding for the Project. On October 5, 2022, the Goal
Setting Committee applied an Affirmative Procurement Initiative of a 15%
minimum mandatory Small Business Enterprise (SBE) participation. BLD agreed to
25.2% SBE Participation for this contract. Bids for the contract were received
by the Engineering & Public Works Department (EPW) on August 8, 2023. BLD
was the lowest responsive bidder of four bidders. The contract time for the
Project is 480 calendar days. BLD has an office located in Palm Beach County. This
Project is included in the Five-Year Road Program. District 5 (YBH)
6. Staff recommends motion
to approve: Consultant Service Authorization (CSA) No. 1
to the Annual Structural Engineering Services Contract (R2023-0262) dated March
14, 2023 (Contract) with Scalar Consulting Group, Inc. (SCG) in the
amount of $444,494.48 for the East
Ocean Avenue Bridge (CR-812) over Hypoluxo Island Lagoon (934347) (Project).
SUMMARY: Approval of this CSA will provide the professional services necessary to prepare design plans
for replacing the East Ocean Avenue bridge over the Hypoluxo Island Lagoon.
A bridge inspection was conducted and the structural reviewer recommended
replacement of the bridge due to structural cracks and substandard vertical
clearance. On January 5, 2022 the Goal Setting Committee applied Affirmative
Procurement Initiatives of a 20% minimum
mandatory Small Business Enterprise (SBE) participation of which 5% must be
Minority Business Enterprise for African American owned firms and an SBE
evaluation preference. SCG agreed to 32% SBE participation for the Contract.
They agreed to 12.42% SBE participation for this CSA. SCG has an office located
in Palm Beach County (County) and is a certified SBE company. This project
includes infrastructure sales tax funding. District 4 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
7. 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 Center Street
bridges over Sims Creek and Jupiter Creek (Bridges). SUMMARY: Approval of this Easement Renewal
from TIITF will extend the use of the 0.2733 acre of Jupiter Creek, and the
0.2058 acre of Sims Creek sovereignty submerged lands, located beneath the
Bridges for a period of 50 years. The previous easement with TIITF was approved
by the Board of County Commissioners (BCC) on September 21, 1993, recorded in
Official Records Book 8164, page 1139, and expired on June 22, 2023. 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 the Engineering and Public Works
Department (EPW) of the associated risks. The new provision includes
liabilities that accrue to the subject parcels 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 1
(YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
8. Staff recommends
motion to:
A) adopt
a Resolution approving the 2022 Safe Streets and Roads for All (SS4A) Grant
Program agreement (Agreement) with the United States Department of
Transportation (USDOT) Federal Highway Administration (FHWA) for funding the
development of the Palm Beach County (County) Safety Action Plan (Plan) and
committing to fund the local share of project delivery;
B) approve
the Agreement with the USDOT FHWA in which the FHWA will reimburse the County
in the amount of $639,200 to develop and complete the Plan within 24 months of
the Agreement’s effective date; and
C) adopt
a Resolution delegating signatory authority to the County Administrator or
Designee on additional forms, certifications, contracts/agreements, amendments
and any other necessary documents related to the Agreement, which documents do
not substantially change the scope of work, terms, or conditions of the
Agreement.
SUMMARY:
Approval of this Agreement and delegation of authority will allow the
County to receive a federally funded grant in the amount of $639,200 for the
Plan to enhance the safety of the transportation network. The Plan will
identify strategies and improvement projects in the County that would be
eligible for additional SS4A grant funds in the future for the Plan’s
implementation. The County estimated $799,200 to develop and complete the Plan
and agrees to finance the non-Federal share of $160,000. This amount was
anticipated and is included in the current budget. The FHWA will
reimburse the County $639,200 for completing the Plan. The Agreement, delegation of authority, and
budget amendment were originally approved by the Board of County Commissioners
(BCC) on October 17, 2023 (R2023-1524 and R2023-1523). However, the project
funding allocation was identified to be itemized incorrectly, and the USDOT
FHWA requested the Agreement to be corrected and re-signed by the County prior
to USDOT FHWA executing the Agreement, which will supersede and replace the
previously approved Agreement. Countywide (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
9. Staff recommends
motion to receive and file: a fully
executed Adopt-A-Road Agreement with Royal Palm Beach Rotary Club, Inc.
(Group) for litter removal on Okeechobee Boulevard from Ponce De Leon Street to
State Road 7 (SR7). SUMMARY: In accordance with
Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must
be submitted by the initiating Department as a receive and file agenda item.
This agreement was executed by the County Engineer on October 19, 2023, per
Resolution R2021-0852. The Adopt-A-Road Program allows the Group to perform
litter removal along the Palm Beach County (County) maintained road
rights-of-way. The Group is expected to conduct litter removal activities at
least four times a year. The County provides recognition signs for the Group at
the beginning and end of its adopted road segment and picks up the litter bags.
The Group must pay a fee to offset the County’s costs to install the signs and
remove the collected litter bags. The fee is waived for non-profit groups. District
6 (YBH)
10. Staff recommends
motion to approve: Work
Order 2021050-69 in the amount of $1,031,000 to mill and resurface SW 18th
Street from Boca Rio Road to Military Trail 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 $21 million of the $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
13.52% for this work order. Their cumulative SBE participation, including this
work order is 13%. This project
is included in the infrastructure sales tax. District 4 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
11. Staff recommends
motion to approve: Work
Order 2021050-70 in the amount of $725,000 to mill and resurface the Palm Beach
County (County) maintained residential streets within the Lakes at Boca Raton
Subdivision utilizing the County’s annual 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 $21 million of the $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
15.18% 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)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $100,000 in the personal
injury action styled Veronica
Ramirez v. Palm Beach County, Case No. 502020CA0006980XXXXMB
AH.
Summary: This is a
personal injury lawsuit arising from a motor vehicle
accident that occurred on Lantana Road in Atlantis. While
approaching the intersection with Congress Avenue, Plaintiff Veronica Ramirez’s
Mazda sedan was struck from behind by a County owned Ford F-350 driven by an
Environmental Resources Management employee. This accident resulted in
personal injuries to Ms. Ramirez and medical bills in excess of $200,000.
Palm Beach County has entered into an agreement to settle the lawsuit with Ms.
Ramirez in the total amount of $100,000, inclusive of attorney’s fees and
costs, pending approval by the Palm Beach County Board of County Commissioners.
Countywide (TSB).
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (cont’d.)
2. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $120,000 in the personal
injury action styled AMBER MCMILLIAN
v. PALM BEACH COUNTY, Case No. 502018CA009991XXXXMBAG.
Summary: This is a personal
injury lawsuit for damages arising from an automobile incident that occurred on
November 11, 2016 at N.E. First Street and Railroad Avenue in Delray Beach,
Florida. Plaintiff, Amber McMillian, was a passenger on a Palm Tran bus when
the bus came to a sudden stop causing her to be propelled out of her seat. This incident resulted in permanent injuries
to Plaintiff. Plaintiff has incurred
$205,331.22 in medical bills. Palm Beach County has entered into an agreement
to settle the lawsuit with Mrs. McMillian in the total amount of $120,000,
inclusive of attorney’s fees and costs, pending approval by the Pam Beach
County Board of County Commissioners. Countywide (AMC)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file:
A) a Notice of Award (NOA)
No. 6 UT8HA33954-04-06 from the U.S Department of Health and Human Services
(HHS), for the budget period March 1, 2023 through February 29, 2024, for
carryover funds in the amount of $1,707,570 for Grant Year (GY) 2023, for a
total grant award amount of $5,738,461, for the project period March 1, 2020
through February 28, 2025, for 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; and
B) a NOA No.6
UT8HA33954-04-05 from HHS, for the budget period March 1, 2023 through February
29, 2024, to authorize prior approval request of capital purchases for the
project period March 1, 2020 through February 28, 2025, with no change to the
overall award amount of $5,738,461, for 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 Board of County Commissioners ratified the
Mayor’s signature on the EHE: A Plan for America federal grant application
(R2019-1875). The EHE grant focuses on reducing HIV infections by 90% in the
United States by the year 2030 by providing Rapid Entry to Care (REC) services.
On October 11, 2023, HHS issued
EHE GY 2021 carryover funding. Carryover
amounts vary from year to year based on funds that were left over from the
prior grant year. This NOA authorizes the carryover of an unobligated
balance in the amount of $1,707,570 from the budget period March 1, 2021
through February 28, 2022 into the current budget period. In GY 2022, the total
number of clients served was 380 Palm Beach County residents with HIV across
all programs and initiatives. Under
this grant, the program will serve approximately 300 Palm Beach County
residents with HIV and advance our goal to end HIV by 2030. These are federal
grant funds, no County match is required. (Ryan White Program) Countywide
(HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
2. Staff recommends
motion to:
A) receive and file a Notice
of Award (NOA) No. 6 H89HA00034-30-04 from the U.S Department of Health and
Human Services (HHS), dated October 18, 2023, for the budget period March 1,
2023 through February 29, 2024, for carryover funding in unobligated funds in
the amount of $420,692, for the project period March 1, 2022 through February
28, 2025, for new and existing programs to continue improving health outcomes
for clients with HIV/AIDS; and
B) approve an upward Budget
Amendment in the amount of $420,692 in the Ryan White Care Program fund to
align the budget to the actual grant award.
Summary: On November 21, 2023, the Board of County Commissioners (BCC) approved
the Grant Year (GY) 2024 Ryan White Part A HIV Emergency Relief Grant Program
Application (R2023-1677). The grant allows the Community Services Department
(CSD) to continue providing needed medical and support services to Palm Beach
County residents living with HIV/AIDS. Some of the services provided under the
grant are medical case management, medical care, pharmaceutical assistance,
oral health care, legal support services, outpatient ambulatory services,
health insurance premium assistance and food bank home delivered meals. On
October 18, 2023, HHS issued carryover funding from the prior grant year to the
current grant year in the amount of $420,692. The total grant award for GY 2023
including this NOA is $7,981,771. In GY 2022, the total number of
clients served was 2,853 Palm Beach County residents with HIV across all
programs and initiatives. Under this
grant, the program will serve approximately 3,600 Palm Beach County residents
with HIV and advance our goal to end HIV by 2030. These are Ryan White
Part A grant funds, which require no local match. No County match is
required. (Ryan White Program) Countywide
(HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
3. Staff recommends motion to ratify: the signature of the Mayor on the Phase 41 Emergency Food and Shelter Program (EFSP) Grant Application, for a period to be determined upon receipt of funding, in the amount of $100,000, for the provision of rental and mortgage assistance to individuals and families in need. Summary: The Emergency Food and Shelter National Board Program is a restricted federal grant that provides EFSP funds. The United Way of Palm Beach County, Inc. (United Way) administers the award locally. The Palm Beach County Community Services Department has a long history with United Way and EFSP. The Division of Human Services and Community Action Program (HSCAP) has received EFSP funding for the past 29 years. HSCAP will target families with children, individual households, the elderly, and residents who are facing eviction or may be experiencing a financial crisis. Payment assistance may also be provided to the at-risk and homeless population to allow those persons the opportunity to be rapidly rehoused from the streets or emergency shelters. In FY 2022, under the EFSP Phase 39 grant, was awarded $175,000 in EFSP funds, and 26 unduplicated households were served with rental/mortgage assistance. In FY 2022, under the American Rescue Plan Act of 2021 – Regular (ARPA-R), 96 unduplicated households were served rental/mortgage assistance. HSCAP is applying for funds in the amount of $100,000 to provide rental and mortgage assistance to approximately 50 households. EFSP funds are non-recurring funds and no County match is required. The emergency signature process was utilized because there was not sufficient time to submit the grant application through the regular BCC agenda process. (Division of Human Services and Community Action Program) Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
4. Staff recommends
motion to approve:
Subrecipient Agreements with the below-listed agencies, for the period October
1, 2023 through September 30, 2024, in an amount totaling $382,817 in Emergency
Solutions Grant (ESG) Program funds:
A) Adopt-A-Family of the Palm Beaches, Inc.
(AAF), in an amount not-to-exceed $181,127, to provide rapid-rehousing services
to families experiencing homelessness;
B) Aid to Victims of Domestic Abuse, Inc.
(AVDA), in an amount not-to-exceed $150,000, to provide emergency shelter to
individuals fleeing domestic violence;
C)
The Children’s Home Society
of Florida (CHS), in an amount not-to exceed $25,845, to provide emergency
shelter to youth ages 15 to 17 years old who meet the HUD definition of
homelessness; and
D) YWCA of Palm Beach County, Inc. (YWCA), in
an amount not-to-exceed $25,845, to provide emergency shelter to individuals
fleeing domestic violence.
Summary: On July 11, 2023,
the Board of County Commissioners (BCC) approved the Palm Beach County Action
Plan for Fiscal Year 2023-2024, which allocated $452,817 in ESG Program funds
for nonprofit agencies to assist people experiencing homelessness, or are at
risk of homelessness, including those fleeing domestic violence. These agreements
will fund homeless services, including the operation and maintenance of
emergency shelters, and financial assistance to rapidly rehouse families.
Activities include case management, rental assistance, food, maintenance,
utility assistance, security, equipment, insurance, and supplies for emergency
shelters. In FY 2023, AAF received $183,762 and served 31 family households and
expended 100% of its ESG award. Under this new agreement, AAF is estimated to
serve 20 family households in its rapid rehousing program. In FY 2023, AVDA
received $135,000 and served 210 individual and family households, and expended
100% of its ESG award. Under this new agreement, AVDA is expected to serve 70
individual and family households at its emergency shelters. This is CHS’s first
year providing emergency shelter services for the ESG program. Under this new
agreement, CHS is estimated to serve 15 youth ages 15-17 years old in its
emergency shelter program. In FY 2023, YWCA received $40,642 and served 402
individual and family households, and expended 100% of its ESG award. Under
this new agreement, YWCA is expected to serve 120 individual and family
households at its emergency shelter. The reduction in the estimated number of clients served under the new
agreements is due to the increase of cost per client from FY 2021 to FY 2024. These federal ESG funds require a matching
contribution, which will be provided by the funded agencies. No County
funding is required. (Division of Human Services) Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
5. Staff recommends
motion to approve: the Fifth Amendment to the Services and
Activity Management Information System (SAMIS) Collaborative Agreement with the
Florida Alliance of Children’s Councils and Trusts, Inc. (FACCT), for the
period October 1, 2023 through September 30, 2028, in an amount not-to-exceed
$32,000, for the utilization of the SAMIS database. Summary: The Community Services Department
(CSD) has utilized the SAMIS since 2010 as a local funding partner through the
Children’s Services Council of Palm Beach County’s (CSCPBC) membership in the
Statewide SAMIS Management Committee (SMC) to manage contracts with nonprofit
agencies. The SMC consisted of various Children’s Services Councils and other
governmental entities across Florida to share in the cost of the system. CSD
remitted payment to CSCPBC for their use of SAMIS. In 2021, the SMC executed a
new SAMIS Collaborative Agreement to manage the SAMIS system. CSD was able to
maintain access to the SAMIS system through an MOU with CSCPBC through December
31, 2023, but the SAMIS collaborative agreement was amended to name FACCT as
fiscal agent, requiring payment from participating agencies to be remitted to
FACCT. In order to continue using SAMIS, CSD is entering into this agreement to
be a full collaborative partner with voting rights. Although this is the fifth
amendment to the agreement, CSD was not a party to the original agreement, nor
the first four (4) amendments. In FY 2023, CSD managed agreements with
nonprofit agencies for 128 unique programs totaling $47,241,755. SAMIS allows
for streamlined, paperless invoice processing as well as contract creation and
monitoring. Both Public Safety and Youth Services Departments utilize SAMIS and
share in the costs. (Community Services) Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
6. Staff recommends
motion to approve: the
appointments of four (4) new members to the Veteran Services Advisory Board
(VSAB), effective January 23, 2024:
Seat No. |
Appointment |
Seat Requirement |
Term Expires |
Nominated By |
8 |
Raul
Leon |
Public Safety
Representative |
09/30/2025 |
Vice
Mayor Marino Comm.
Weiss Comm. Woodward Comm.
Bernard |
9 |
John
Schrey |
At-Large
Representative |
09/30/2025 |
Vice
Mayor Marino Comm.
Weiss Comm. Woodward Comm.
Bernard |
10 |
Thomas
Turkin |
At-Large
Representative |
09/30/2024 |
Vice
Mayor Marino Comm. Woodward Comm. Baxter Comm. Bernard |
11 |
Henry
Angulo |
At-Large
Representative |
09/30/2024 |
Vice Mayor
Marino Comm. Weiss Comm. Woodward Comm. Bernard |
Summary: The VSAB shall advise the Board
of County Commissioners (BCC) on needs of local Veterans while increasing the
coordination and interactions between organizations, agencies, and institutions
whose mission it is to assist Veterans and their families in Palm Beach County.
On August 22, 2023, the BCC
established the VSAB. Per Resolution No. R2023-1162, the total membership for
the VSAB shall be no more than 11 at-large members, comprised of public sector and private sector
members. Membership shall be representative of the racial, ethnic and
geographic diversity of Palm Beach County (PBC). Members
must have knowledge of at least one (1) component of the support services
available to assist Veterans and their dependents. The BCC was requested to
provide nominations on December 6, 2023. The nominees meet all applicable
guidelines and requirements outlined in the resolution. Mr. Leon is an employee
of Palm Beach County. Pursuant to
Resolution No. R2023-1162, the VSAB member representing an organization that
provides Public Safety services may be an employee of Palm Beach County. Mr. Leon and Mr. Angulo are Hispanic-American.
Mr. Schrey and Mr. Turkin are Caucasian. Currently the diversity count is: Caucasians: 6 (55%) and African-American: 1 (
9%). The gender ratio (female:male) is 2:5.
Staff is addressing the need to
increase diversity on the board and will continue to encourage this Board’s
diversity. (Division of Senior and Veteran Services) Countywide
(HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
7. Staff recommends
motion to approve:
A) the U.S. Department of
Housing and Urban Development (HUD) FY 2022 Continuum of Care Program Grant
Agreement No. FL0991L4D052200, for the period December 1, 2023 through November
30, 2024, in an amount not-to-exceed $482,117, to provide rapid-rehousing and
supportive services in conjunction with the City of West Palm Beach (City), to
provide housing with 22 beds for chronic, unsheltered and medically fragile
homeless individuals; and
B)
a Budget Amendment in the amount
of $482,117 in the HUD Fund to recognize the grant award.
Summary: The Pathways to Independence Program
(PIP) will be operated by the City in conjunction with the Palm Beach County
Division of Human Services and Community Action Program (HSCAP). Under PIP, 22
beds for chronic, unsheltered and medical fragile homeless individuals will be
provided through a Rapid-Rehousing, Housing First Program. The goal of the
program is to secure housing for 22 individuals using a shared housing and
independent housing model. Individuals will be identified based on the
partnerships with the Street Outreach Teams. The City will serve as the subcontractor and will be responsible for
providing all direct services. There is
a 25% match required. This match will be provided by the City in the amount of
$120,530. HSCAP will receive the funds as the Lead Entity for the Palm Beach
County Homeless Continuum of Care pursuant to 420.624 (6), Florida Statutes.
The Catalog of Federal Domestic Assistance Number is 14.267. (Human Services
and Community Action Program) Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
8. Staff recommends
motion to approve: the
Florida Power & Light Company (FPL) Care To Share Program Agreement, for
the five (5) year period January 1, 2024 through December 31, 2028, for an
amount to be determined by FPL, to prevent loss of power for residents of Palm
Beach County. Summary: The FPL Care To Share Program Agreement enables
the Department of Community Services to provide utility assistance to
households at risk of having their power disconnected. The Division of Human
Services and Community Action Program (HSCAP) has been administering the FPL
Care To Share program in Palm Beach County since July 1, 2006. The program is
designed to provide emergency assistance funds to customers who are in a crisis
situation and unable to pay their electric bill. Since HSCAP has administered
the program, FPL Care To Share has provided $1,621,297 (through November 2023)
to assist households in Palm Beach County. The program assists over 100
households per year, with 1,950 households assisted since inception. Voluntary
contributions from FPL customers, along with corporate contributions fund the
FPL Care To Share program. A standard upper limit payment of $750 per
participant per grant year is provided. No
County match is required. (Division of Human Services and Community Action
Program) Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
9. Staff recommends motion to:
A)
ratify the signature
of the Mayor on Modification No. 2 of the Federally Funded Subgrant Agreement
No. E2016 dated August 16, 2023 with the Florida Department of Commerce (FDOC)
formerly known as Florida Department of Economic Opportunity (DEO) for the
Period July 1, 2023 to June 30, 2024 to provide economic mobility and economic
stability services to low-income households;
B)
receive and file the
following Notice of Grant Award/Fund Availability (NFA) as follows:
1.
NFA
(Federal Award Identification Number (FAIN) G-2102FLLWC6, Catalog of Federal
Domestic Assistance (CFDA) 93.499) dated June 30, 2023 from FDOC, for PY21
allocation, in an amount not-to-exceed
$433,549 for the program period July 1, 2023 through September 30, 2023,
for the Low-Income Household Water Assistance Program- (LIHWAP);
2.
NFA
#042976 (FAIN G2302FLLIEE, CFDA 93.568) dated September 12, 2023 from the State
of Florida, Florida Department of Commerce (FDOC), for its Program Year 2023
(PY23) allocation, in the amount not-to-exceed $4,804,793 for the program
period July 1, 2023 through September 30, 2024, for the Low-Income Home Energy
Assistance Program (LIHEAP);
3.
NFA
#042948 (FAIN G2302FLLIEA, CFDA 93.568) dated September 12, 2023 from FDOC, for
PY23 allocation, in the amount not-to- exceed $3,452,994 for the program period
July 1, 2023 through September 30, 2024, for LIHEAP;
4.
NFA
#043005 (FAIN G2302FLLIEI, CFDA 93.568) dated September 12, 2023 from FDOC, for
PY23 allocation, in the amount not-to- exceed $262,428 for the program period
July 1, 2023 through September 30, 2024, for LIHEAP;
5.
NFA
#042658 (FAIN G-2202DLLIW, CFDA 93.568) dated October 5, 2023 from FDOC, for
PY22 allocation, in an amount not-to- exceed $4,697,292 for the program period
July 1, 2023 through June 30, 2024, for LIHEAP;
6.
NFA
#042716 (FAIN G-2203FLOSR, CFDA 93.569) dated November 27, 2023 from FDOC, for
PY22 allocation, in an amount not-to exceed $1,192,923 for the program period
July 1, 2023 through June 30, 2024, for the Community Services Block Grant
(CSBG) program;
7.
NFA
(FAIN G-2102FLLWC6, CFDA 93.499) dated November 27, 2023; and December 7, 2023
from FDOC, to extend the end date from September 30 2023 to February 29, 2024,
and increase amount by $126,519.38 for PY21 allocation, in an amount
not-to-exceed $560,068.38 for LIHWAP; and
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (cont’d.)
9. C)
approve a Budget
Amendment in the amount of $8,562,676 in the LIHEAP fund to align the budget to
the actual grant award; and
D) approve a Budget Amendment in the amount of $97,925 in
the CSBG fund to align the budget to the actual grant award.
Summary: On June 15, 2021, the Board of County
Commissioners (BCC) ratified the Mayor’s signature on the Federally Funded
Subgrant Umbrella Agreement #E2016 (R2021-0783) with the FDOC, for the period
October 1, 2020 through September 30, 2023, for the LIHEAP, LIHWAP and CSBG
programs. This agreement was amended on August 16, 2023, to update the
effective date to July 1, 2023 and extend the end date to June 30, 2024, and
change the name of the Florida Department of Economic Opportunity to Florida
Department of Commerce. Under the terms of the new umbrella agreement, FDOC
will issue an NFA for each program award, and issue amendments to NFA’s for any
changes. These NFAs were issued to add or increase funding. Electric and water
bill assistance will be provided to approximately 13,250 low-income individuals
and 5,300 families. In Federal Fiscal Year (FFY) 2022, 7,738 households
obtained electric bill assistance. No
County match is required. (Community Action Program) Countywide (HH)
F. AIRPORTS
1. Staff recommends
motion to receive and file: Four (4) Consent to Sublease (Consent)
documents, consenting to the sublease of space by Jet Aviation, Ltd. (JET), at
the Palm Beach International Airport (PBI), with the following subtenants:
1. Great Flight, effective as of September
1, 2023;
2. JetEast, effective as of October 1, 2023;
3. Ohio Resources LLC, effective as of
August 1, 2023; and
4. Rugby Transit, LLC, effective as of
August 1, 2023.
Summary: JET provides
fixed based operator services for general aviation aircraft at PBI pursuant to
a Lease Agreement dated November 23, 1999 (R99-2239, as amended), which
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 R-94-1453. Countywide (AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
2. Staff recommends
motion to:
A)
receive and file a Public
Transportation Grant Agreement (PTGA) with the
Florida Department of Transportation (FDOT) in the amount of $2,800,000
for the Runway 4/22 Rehabilitation at Palm Beach County Park Airport (LNA).
Delegation of authority for execution of this PTGA was approved by the BCC on
August 25, 2020 (R2020-1017). This PTGA
is effective as
of November 29,
2023 with an expiration date of December 31, 2026; and
B)
approve Budget Amendment of
$2,800,000 in the Airport's Improvement and Development Fund to recognize the
receipt of a grant from the FOOT and including a transfer from Reserves in the
amount of $700,000. Total project costs are $3,500,000.
Summary: The FDOT has issued a PTGA (CSFA No. 55.004)
reflecting their commitment of funding to the above referenced project in the
amount of $2,800,000 or 80% of the eligible project costs, whichever is less
for the Design & Construct Runway 4/22 Rehabilitation at LNA. This PTGA
will provide funding to construct Runway 4/22 Pavement Rehabilitation at LNA. The required local match for this PTGA is
$700,000. Countywide (AH)
3. Staff recommends
motion to:
A)
receive and file a Public
Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) in the amount of $147,500 for Design & Construct New
Taxiway Connector at Taxiway Charlie and Taxiway Mike at Palm Beach
International Airport (PBI). Delegation of authority for execution of this PTGA
was approved by the BCC on August 25, 2020 (R2020-1017). This PTGA is effective
as of December 4, 2023 with an expiration date of December 31, 2026; and
B)
approve Budget Amendment of
$147,500 in the Airport's Improvement and Development Fund to recognize the
receipt of a grant from the FDOT and including a transfer to Reserves in the
amount of $500. Total project costs are $295,000.
Summary: The FDOT has issued a PTGA (CSFA
No. 55.004) reflecting their commitment of funding to the above referenced
project in the amount of $147,500 or 50%
of the eligible project costs, whichever is less to Design & Construct New
Taxiway Connector at Taxiway Charlie and Taxiway Mike at PBI. This grant will
be used to design the new taxiway connector and future amendments to the grant
will provide additional funding for construction. The required local match for this PTGA is $147,500. Countywide
(AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Staff recommends
motion to approve:
A)
Change Order No. 1 to
Amendment No. 9 (Change Order) to the Construction Manager (CM) at Risk
Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services
for Airport Improvements for Palm Beach County Department of Airports
(Department) in the amount of $735,433.53 for Work Order MC 16: Terminal Roof
Improvements at Palm Beach International Airport (PBI); and
B)
a Budget Transfer of
$735,434 in the Airport's Improvement and Development Fund to provide budget
for the project; including a transfer from Reserves in the amount of $735,434.
Summary: Amendment No. 9 for Work Order MC 16: Terminal Roof Improvements at PBI
(Work Order MC 16) in the amount of $8,422,400 and 459 Calendar Days was
approved by the Board on February 7, 2023 (R2023-0214). The PBI terminal has
been experiencing water intrusion from various sources. Work Order MC 16
includes replacement of the existing terminal roof membrane and portions of
existing concrete composite roof deck with a new roof system; replacement of
the expansion joints; and modifications to the existing mechanical and electrical
equipment impacted by the roof replacement. MGI discovered additional sources
of water intrusion and damage to roof-top cooling tower supports during
construction. Work included in this Change Order includes installation of a
moisture barrier on the third level of the terminal and replacement of damaged
ductwork; reconstruction of a concrete curb around an expansion joint between
the short-term parking garage and terminal roof; and repairs to the supports
for the roof-top cooling towers. A Disadvantaged Business Enterprise (DBE) goal
of 12% was established for this Contract. The DBE participation for this Change
Order is 2.9%. The current DBE participation for Work Order MC 16 is 12.4%. The
anticipated DBE participation for the Contract to date is 18%. Countywide
(AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5. Staff recommends
motion to approve:
A)
Amendment No. 3 to the
General Consulting Agreement (Consulting Agreement) with AVCON, Inc. (AVCON)
for Consulting/Professional Services in the amount of $156,049.37 for the
continued performance of professional planning and design services related to
the approved Palm Beach County Airports Capital Improvement Program; and
B)
a Budget Transfer in the
amount of $156,050 in the Airport's Improvement and Development Fund to provide
budget for the project; including a transfer from Reserves in the amount of
$156,050.
Summary: The
Consulting Agreement with AVCON for general airport planning and design
consulting services was approved by the Board on September 13, 2022
(R2022-1029) in the amount of $796,697.19 in order to carry out the approved
Capital Improvement Program for the County's Airport System. Amendment No. 1
was approved by the Board on October 3, 2023 (R2023-1441), increasing the
Consulting Agreement by $449,162.38. Amendment No. 2 was approved by the Board
on December 19, 2023, increasing the Consulting Agreement by an additional $326,772.90.
Approval of Amendment No. 3 will provide an additional $156,049.37 to complete
the annual Stormwater Pollution Prevention Plan updates for County-owned
airports. AVCON is an Orlando, Florida based firm; however, the majority of the
work will be completed through its Boca Raton, Florida office. On September 1,
2021, the Goal Setting Committee established a mandatory SBE goal of 20% and an
M/WBE Evaluation Preference up to 15% as the Affirmative Procurement
Initiatives for this Consulting Agreement. AVCON is a State of Florida
certified MBE firm and has committed to 37.75% SBE participation for this
Consulting Agreement. The anticipated SBE participation for the Consulting
Agreement, including Amendment No. 3, is 54.6%. The SBE participation for Amendment
No. 3 is 84.85%. Countywide (AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
6. Staff recommends
motion to approve:
A) Amendment No. 2 to the General Consulting Agreement (Consulting
Agreement) with Ricondo & Associates, Inc. (Ricondo) in the amount of
$453,243 for the continued performance of Airport General Consulting Services
related to the approved Palm Beach County Airports Capital Improvement Program;
and
B) a Budget Transfer in the amount of $453,243 in the Airport's Improvement
and Development Fund to provide budget for the project contract, including a
transfer from Reserves of $453,243.
Summary: The Consulting Agreement (R2022-0888) with
Ricondo for general airport planning services was approved on August 20, 2022,
in the amount of $2,021,165 in order to carry out the approved Capital
Improvement Program for the County's Airport System. Amendment No. 1 (R2023-0700)
provided an additional $1,189,895.34 to complete Task I Palm Beach County Park
Airport (LNA) Safety Assessment, Task I Palm Beach County Park Airport (LNA)
Master Plan Update, and Task Ill Services. Approval of Amendment No. 2 will
provide an additional $453,243 to complete Task I Cybersecurity Implementation
Support Services (Phase 3B), Task I Runway 10L/28R Exit Taxiway Analysis for
the Palm Beach International Airport (PBI), and Task Ill Services. Task Ill
Services will be issued in accordance with PPM CW-F-050 by way of a separate
proposal or task authorization. Ricondo is a Chicago, Illinois based firm;
however, the majority of the work contained in the Consulting Agreement will be
completed and managed through its Miami, Florida office. On September 1, 2021,
the Goal Setting Committee established a mandatory SBE Goal of 10% and a M/WBE
Evaluation Preference up to 15% as the Affirmative Procurement Initiatives for
this Consulting Agreement. Ricondo committed to 11% SBE participation. The
anticipated S/M/WBE participation based upon the approved tasks is
approximately 14.1%. The S/M/WBE participation for this Amendment No. 2 is 4.3%.
Countywide (AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Staff recommends
motion to approve:
A) Change Order No. 4 to the contract with Alen Construction Group, Inc. (Alen) in the amount of
$89,072.91 and an extension of 221 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 $89,073 in the Airport's Improvement and
Development Fund.
Summary: The original contract with Alen for the
400Hz GPU POU Project (Contract) 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, 2 and 3 in the amount of $201,533.13 and 310 Calendar Days were
approved in accordance with PPM CW-F-050. Approval of Change Order No. 4 in the
amount of $89,072.91 and 221 Calendar Days is required to address site
conditions not represented in the original set of construction documents. New
transformer units required for the project do not fit into the electrical rooms
located on the concourses. When the new transformers were delivered, it was
discovered that they are larger than what the manufacturer specified during
design, requiring relocation of existing equipment to accommodate installation
of the new transformers into the electrical rooms. Relocation of existing
mechanical piping serving the fire suppression system in the electrical rooms
is also required due to routing requirements to meet current code. Based on the
age and condition of electrical infrastructure serving potable water units, it
was determined that conduit and light fixtures require replacement. On
September 1, 2021, the Goal Setting Committee established a SBE Price
Preference as the Affirmative Procurement Initiative for the Contract. The
S/M/WBE subcontracting participation for the Contract to date is 35.87%. The
S/M/WBE participation for Change Order No. 4 is 15.69%. Countywide (AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
8. Staff recommends
motion to approve:
A) Amended and Restated Airport Parking Facilities Management Agreement
(Amended Agreement) with SP Plus Corporation, a Delaware corporation (SP+), for
the operation and management of the airport parking facilities and shuttle
services at the Palm Beach International Airport (PBI), clarifying and amending
various provisions, including provisions related to reimbursable expenses,
employee wages and benefits, and annual reporting requirements; and
B) a
Budget Transfer of $350,000 in the Airports Operating Fund.
Summary: SP+
operates and manages the airport parking facilities and economy parking lot
shuttle services at PBI pursuant the Airport Parking Facilities Management Agreement
(R2023-0981) (Agreement). The initial annual management fee paid to SP+
pursuant to the Agreement is $261,000 and increases 3% annually thereafter. In
addition to the annual management fee, the Department of Airports (DOA)
approves an annual operating budget for reimbursement of SP+’s expenses,
including employee salaries and benefits and the cost of the economy parking
lot shuttle services. The Amended Agreement clarifies and amends various
provisions related to reimbursable expenses, including providing for
reimbursement of janitorial and pest control supplies in an amount not to
exceed $5,000 per year for administrative offices and toll plazas; clarifying
healthcare benefits include dental and vision benefits provided by the SP+
healthcare plan; changing the employee pay periods from semi-annually to
biweekly to coincide with the pay periods established for SP+ employees;
requiring prior approval of staffing schedules and overtime; and clarifying
annual reporting requirements. PBI’s parking facilities are staffed 24 hours
per day, 7 days per week, including holidays. The current labor market has made
it difficult to hire and retain qualified parking and shuttle staff, requiring
overtime and temporary staffing during peak periods. In order to hire and
retain employees and reduce reliance on overtime, SP+ has requested certain
amendments to the Agreement. The Amended Agreement provides for shift
differential of 5% of an employee’s base rate of pay for employees performing
duties during the mid-shift (11:00 p.m. to 7:00 a.m.), increases holiday pay
from 5% to 50% of the employee’s base rate of pay, and provides for two
additional holidays to align with SP+ holiday policy. SP+
current has a staff 44 employees at PBI with an average of 9 employees working on
the mid-shift. The budget transfer in the amount of $350,000 will
increase the total budget amount available for the Amended Agreement for the
current fiscal year to $2,853,000 to ensure sufficient budget remains available
to pay reimbursable expenses, including overtime and increased staffing
costs. Countywide (AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$7,500 for the full satisfaction of a code enforcement lien entered against
Corey Michel on November 6, 2019. Summary: On March 6, 2019, a Code
Enforcement Special Magistrate (CESM) issued an order giving Corey Michel until
September 2, 2019 to bring his property located at 22380 Waterside Drive, Boca
Raton, FL into full code compliance. The violations imposed against the
property were inactive or expired building permits. Compliance with the CESM’s
order was not timely achieved, and a fine of $50 per day was imposed. The CESM
executed an order imposing a code lien against Corey Michel on November 6,
2019. The Code Enforcement Division (Code Enforcement) issued an affidavit of
compliance for the property on October 24, 2023. The total fine amount on
November 16, 2023 amounted to $75,230.32, the date on which settlement
discussions began. Mr. Michel has agreed to pay Palm Beach County $7,500 (10%)
for full settlement of his outstanding code enforcement lien. District 5
(SF)
2. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$6,228 for the full satisfaction of two code enforcement liens recorded against
Cesar Sanchez on February 19, 2019 and December 27, 2019, respectively. Summary: On January 18, 2018, a Code Enforcement Special
Magistrate (CESM) entered an order giving Mr. Sanchez 60 days to obtain a
permit for a fence installed without a permit on his vacant lot located at Holt
Road, West Palm Beach, FL (the “Property”) in Case 2017-05310008. On
June 5, 2019, the CESM entered an order giving Mr. Sanchez until September 3,
2019 to remove a storm drain installed in the right-of-way adjacent to the Property
without a permit in Case No.
2019-03180017. Compliance with the CESM’s orders was not timely achieved,
resulting in the imposition of fines of $50 per day for the first case and $100
per day for the second case. The Code Enforcement Division (Code Enforcement)
issued an affidavit of compliance for the first case on May 21, 2019 and for
the second case on February 20, 2020. Settlement discussions began on November
8, 2023, when the total accrued fines amounted to $20,759.38. Cesar Sanchez has
agreed to pay Palm Beach County $6,228 (30%) for full satisfaction of the code
enforcement liens. District 3 (SF)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) Budget Transfer in the amount of $4 Million
within the IST Fund from IST Reserves to appropriate funds to the Gramercy Park
Expansion project;
B) Amendment No. 1 to the Construction Manager
(CM) at Risk Services Federally funded project contract (R2022-1193) with
Hatcher Construction & Development, Inc. (CM), establishing a Guaranteed
Maximum Price (GMP) in the amount of $11,284,247.68 for the Gramercy Park
Neighborhood Center project for a period of 380 calendar days from notice to
proceed; and
C) Irrevocable Letter of Direction submitted by
the CM dated December 4, 2023 and requested by its surety directing the establishment
of an escrow account for the project.
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Summary: On October 18, 2022, the Board of County
Commissioners (Board) approved the CM at Risk Services Federally funded project
contract (R2022-1193) with the CM for the Gramercy Park Neighborhood Center
project. The Gramercy Park Neighborhood Center project includes, but is not
limited to, the construction of an approximately 11,000 square feet
neighborhood center located at the corner of Park Avenue and 45th Street in
West Palm Beach. The center includes a large multi-purpose room, classroom,
kitchen, offices and building support spaces. Site amenities include a parking
lot, landscaping, a mulch-surfaced walking trail and associated site
infrastructure work. Amendment No. 1 establishes a GMP in the amount of
$11,284,247.68 for the construction management services necessary for the
construction of the Gramercy Park Neighborhood Center. The CM will have 380
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 $550
per day. The surety bonding the project, Indemnity National Insurance Company
(Surety), has requested that the CM issue an Irrevocable Letter of Direction to
the County for the establishment of a project dedicated escrow account, under
which the County will issue all payments directly to the escrow which is
managed by a third party escrow agent. The Irrevocable Letter of Direction is a
funds management tool commonly used by sureties though not commonly seen on
County construction projects. Staff recommends approval of the Irrevocable
Letter of Direction since it was requested by the CM and the Surety for this
project and staff has identified no detrimental impacts to the use of an escrow
arrangement on County projects. A similar arrangement is in place on another
County project and the process has been working smoothly. The CM was selected through a competitive
solicitation in accordance with the Federal requirements provided by the
Department of Housing and Economic Development (DHED). Under the Federal
requirements, this project has a 22.4% minority and 6.9% female Equal
Employment Opportunity (EEO) participation goal. The CM anticipates EEO
utilization of 22.4% Minority and 6.9% Female participation in the construction
phase. Funding for this project is from the Infrastructure Sales Tax,
CDBG, and Ad Valorem Funds. (Capital Improvements Division) District
7 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: an increase to the maximum cumulative value for the
annual electrical contract in the amount of $5,000,000 for electrical services
on an as-needed basis through November 18, 2024. Summary: On November 19, 2019, the Board of County
Commissioners (Board) approved the annual Electrical contract (R2019-1752
through R2019-1758) for electrical services related to electrical repairs,
improvements and renovations to County-owned properties on an as needed basis.
To date, the County has awarded work orders in the amount of $3,764,325.96. In
order to accommodate additional anticipated new projects required to be
accomplished before this contract expires on November 18, 2024, staff is
requesting to increase the maximum cumulative value for the annual electrical
contract in the amount of $5,000,000. This increase will bring the maximum
cumulative value of the annual electrical contract to $11,000,000. Work is to
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 electrical contract before the term ends. Projects less than
$100,000 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 $100,000 or greater are advertised on the vendor self-service (VSS)
website and are bid among the pool of pre-qualified contractors while projects
$200,000 or greater are advertised on the VSS website and additionally
advertised in the newspaper. The bidding pool is further expanded, for projects
$100,000 or greater, 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. Currently eighteen (18) contractors are
prequalified. This annual electrical contract was presented to the Goal Setting
Committee on June 5, 2019 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. The cumulative Small/Minority/Women Business
Enterprise (S/M/WBE) participation for the annual electrical contract is
81.14%. (Capital Improvements) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: an increase to the maximum cumulative value for the
annual fire alarm repair and replacement contract in the amount of $5,000,000
for fire alarm repair and replacement services on an as-needed basis through
June 1, 2025. Summary: On June 2, 2020, the Board of County
Commissioners (Board) approved fire alarm repair and replacement contracts
(R2020-0567 and R2020-0568) for fire alarm repair and replacement services
related to repairs, modifications and replacement of existing fire alarm
systems as per the Electronic Services and Security (ESS) fire detection and
alarm guidelines for county buildings throughout Palm Beach County. To date,
the County has awarded work orders in the amount of $512,583.54. In order to
accommodate additional anticipated new projects required to be accomplished
before this contract expires on June 1, 2025, staff is requesting to increase
the maximum cumulative value for the annual fire alarm repair and replacement
contract in the amount of $5,000,000. This increase will bring the maximum
cumulative value of the annual fire alarm repair and replacement contract to
$6,000,000. Work is to 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 fire alarm repair and replacement services
contract before the term ends. Projects less than $100,000 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 $100,000 or
greater are advertised on the vendor self-service (VSS) website and are bid
among the pool of pre-qualified contractors while projects $200,000 or greater
are advertised on the VSS website and additionally advertised in the newspaper.
The bidding pool is further expanded, for projects $100,000 or greater, 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. Currently two (2) contractors are prequalified. This annual fire
alarm repair and replacement contract was presented to the Goal Setting
Committee on November 20, 2019 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 SBE contractor will be given a price preference if its bid
is within 10% of the lowest non-small business bid. The cumulative
Small/Minority/Women Business Enterprise (S/M/WBE) participation for the annual
fire alarm repair and replacement contract is 82.09%. (Capital Improvements)
Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: an increase to the maximum cumulative value for the
annual flooring contract in the amount of $2,000,000 for flooring services on
an as-needed basis through May 17, 2026.
Summary: On May 18,
2021, the Board of County Commissioners (Board) approved flooring contract
(R2021-0633 through R2021-0639) for flooring services related to new
installations, replacement and/or repairs of flooring to County-owned
properties on an as needed basis. To date, the County has awarded work orders
in the amount of $1,478,670.44. In order to accommodate additional anticipated
new projects required to be accomplished before this contract expires on May
17, 2026, staff is requesting to increase the maximum cumulative value for the
annual flooring contract in the amount of $2,000,000. This increase will bring
the maximum cumulative value of the annual flooring contract to $4,000,000.
Work is to 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 flooring contract before the term ends. Projects less than
$100,000 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 $100,000 or greater are advertised on the vendor
self-service (VSS) website and are bid among the pool of pre-qualified
contractors while projects $200,000 or greater are advertised on the VSS
website and additionally advertised in the newspaper. The bidding pool is
further expanded, for projects $100,000 or greater, 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. Currently eleven (11) contractors are prequalified. This annual flooring
contract was presented to the Goal Setting Committee on January 20, 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 a SBE contractor will be
given a price preference if its bid is within 10% of the lowest non-small
business bid. The cumulative Small/Minority/Women Business Enterprise (S/M/WBE)
participation for the annual flooring contract is 63.32%. (Capital
Improvements) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: an increase to the maximum cumulative value for the
annual demolition contract in the amount of $2,000,000 for demolition services
on an as-needed basis through April 3, 2028.
Summary: On April
4, 2023, the Board of County Commissioners (Board) approved the annual
Demolition contract (R2023-0414 and R2023-0415). The work consists of
demolition services to County-owned properties on an as needed basis. To date,
the County has awarded work orders in the amount of $235,990.00. In order to
accommodate additional anticipated new projects required to be accomplished
before this contract expires on April 3, 2028, staff is requesting to increase
the maximum cumulative value for the annual demolition contract in the amount
of $2,000,000. This increase will bring the maximum cumulative value of the
annual demolition contract to $3,000,000. Work is to 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 less than $100,000 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 $100,000 or
greater are advertised on the vendor self-service (VSS) website and are bid
among the pool of pre-qualified contractors while projects $200,000 or greater
are advertised on the VSS website and additionally advertised in the newspaper.
The bidding pool is further expanded, for projects $100,000 or greater, 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. Currently five (5) contractors are prequalified. This 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 a SBE contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. The cumulative Small/Minority/Women Business Enterprise
(S/M/WBE) participation for the annual demolition contract is 19.49%. (Capital
Improvements) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: Work Order No. 23-014 to the annual Heating,
Ventilation and Air Conditioning (HVAC) contract (R2020-0021) with Florida
Mechanical LLC (Contractor) in the amount of $772,731 for the Palm Beach County
(PBC) Graphics-HVAC Replacement project for a period of 160 calendar days from
notice to proceed. Summary: The work consists of
furnishing all labor, equipment, devices, tools, materials, transportation,
professional services, supervision, drawings, permitting and all miscellaneous
requirements necessary to remove and replace the HVAC units at the PBC Graphics
Facility. The existing equipment is original to the building construction and
has outlived its useful life. The new HVAC units will be more efficient and
provide years of dependable service. This project was competitively advertised
and new contractors were invited to bid on the project by submitting
prequalification documents prior to the submission of the bid response. The Contractor
will have 160 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
HVAC contract and the requirements of the Equal Business Opportunity (EBO)
Ordinance. The annual HVAC contract was presented to the Goal Setting Committee
on August 21, 2019 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. Since
this project is over $100,000, the SBE price preference API was applied. The
Contractor is a local firm. The SBE participation on this work order is 14.28%.
To date, the overall SBE participation on the annual HVAC contract is 27.51%.
Funding for this project is from the Public Building Improvement Fund. (Capital
Improvements Division) District 2 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to:
A) adopt a Resolution authorizing a Lease Agreement
with the Rowing Club of the Palm Beaches Inc., a Florida not-for-profit
corporation, to lease approximately 17,630 square feet at the Lake Ida East
Park, including the former Jaycees
Building, located at 950 NW 9th Street in Delray Beach; and
B) approve a Lease Agreement
with the Rowing Club of the Palm Beaches Inc. for a community rowing program
for an initial term of five (5) years at an annual rate of $10.
Summary: The Rowing Club of the Palm Beaches (RCPB) desires to establish a
publicly-accessible community recreational and competitive rowing program
(Program) with corresponding activities by entering into a Lease Agreement
(Lease). The Program would be accessible to youths and adults, including those
with disabilities. Corresponding activities may include rowing training
sessions, competitions and meetings; and community outreach programs promoting
the sport of rowing. The Parks and Recreation Department (Parks) supports the
Program as it aligns with Parks’ mission and serves a public recreational
purpose by providing a rowing club in South County. Parks does not have the
resources to provide this Program directly. The initial term of the Lease is
for five years, which is effective upon execution by the Board of County
Commissioners (Board), with two five-year extension options. The RCPB is solely
responsible for maintenance and repairs to the premises including the former
Jaycees building. The County has the right to cancel this Lease for any reason
upon four (4) months prior written notice to the RCPB. Rent will be $10
annually. Parks will manage and administer the Lease. (Property & Real
Estate Management) District 4 (HJF)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to approve: Work Order No. 24-003 to the annual Heating,
Ventilation and Air Conditioning (HVAC) contract (R2020-0019) with Cedars
Electro-Mechanical, Inc. (Contractor) in the amount of $493,975 for the Water
Utility Southern Region Water Reclamation Facility (SRWRF), Buildings B, C, D
and E HVAC Replacement project for a period of 210 calendar days from notice to
proceed. Summary: The work consists of furnishing all labor,
equipment, devices, tools, materials, transportation, professional services,
supervision, drawings, permitting and all miscellaneous requirements necessary
to remove and replace HVAC units in Buildings B, C, D and E at the Water
Utility (SRWRF) Facility. The existing equipment is original to the building
construction and has outlived its useful life. The new HVAC units will be more
efficient and provide years of dependable service. This project was
competitively advertised and new contractors were invited to bid on the project
by submitting prequalification documents prior to the submission of the bid
response. The Contractor will have 210 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 $180 per day. This work order was solicited pursuant
to the annual HVAC contract and the requirements of the Equal Business
Opportunity (EBO) Ordinance. The annual HVAC contract was presented to the Goal
Setting Committee on August 21, 2019 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. Since this project is over $100,000, the SBE price preference API
was applied. The Contractor is a local and SBE certified firm. The SBE
participation on this work order is 100%. To date, the overall SBE
participation on the annual HVAC contract is 30.59%. Funding for this project
is from the WUD Operation & Maintenance Fund. (Capital Improvements
Division) District 5 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to approve: an annual contract with the following contractor for
Heating, Ventilation and Air Conditioning (HVAC) services on an as-needed basis
through January 6, 2025.
Contractor Status SBE or Non-SBE
Carrier
Corporation Local Non-SBE
Summary: On January 7,
2020, the Board of County Commissioners (Board) approved the annual HVAC
contract (R2020-0019 through R2020-0023). The work consists of HVAC services
related to system and component installations, upgrades, replacements,
modifications and repairs to County-owned properties on an as needed basis. The
Contractor now joins the list of twenty-three (23) prequalified contractors for
a total of twenty-four (24) prequalified contractors with a contract expiration
date of January 6, 2025. The specific requirements of the work will be
determined by individual work orders issued against this annual HVAC contract.
These contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $23,000,000 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 HVAC contract before the term ends. Projects less than $100,000 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 $100,000 or greater are advertised on the vendor self-service (VSS)
website and are bid among the pool of pre-qualified contractors while projects
$200,000 or greater are advertised on the VSS website and additionally
advertised in the newspaper. The bidding pool is further expanded, for projects
$100,000 or greater, 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 HVAC contract was presented
to the Goal Setting Committee on August 21, 2019 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 HVAC contract is 27.59%. (Capital
Improvements) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: An Interlocal Agreement (“Agreement”) with the City
of Stuart (“City”) allowing for interoperable communications through the
countywide common talk groups of the County’s Public Safety Radio System
(“System”) from January 23, 2024 through January 22, 2029. Summary:
This Agreement provides the terms and conditions under which the City can
program into its radios and utilize the countywide common talk groups for
certain types of inter-agency communications. The County’s System will not be
utilized for routine operational communications by the City. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of state and federal agencies with 800 MHz trunked radio capabilities.
There are no charges associated with this Agreement. The City is required to
pay all costs associated with the City’s subscriber units and to comply with
the established operating procedures for the County’s System. The agreement
provides for an initial term of five (5) years with two (2) renewal options,
each for a period of five (5) years. This Agreement may be terminated by either
party, with or without cause, upon ten (10) days prior written notice to the
other party. (ESS) Countywide (MWJ)
11. Staff recommends
motion to approve: an Interlocal Agreement (“Agreement”) with the Town
of Palm Beach (“Participant”), allowing for direct access to the County’s
Public Safety Radio System (“System”) from January 23, 2024 through January 22,
2029, with revenue fees totaling $630,363.46 for fiscal year 2024. Summary:
This Agreement provides the terms and conditions under which the
Participant can directly access the System. The terms of this Agreement are
standard and have been offered to all municipalities and local branches of
state and federal agencies where connection through an established municipal
hub is not technically feasible. The Participant has been interoperable with
the County’s System through the countywide common talk groups since 2003. The
Participant currently operates under the Municipal Public Service
Communications Consortium’s (MPSCC) Open Sky Radio System. The Agreement will
provide the Participant direct access for operability to the County’s radio
system and dispatch console talk groups. The Agreement requires that the
Participant pay a one-time $3,000/unit access or capacity charge as well as
annual fees of $300/unit towards the renewal and replacement fund and
$163.53/unit towards maintenance and operation of the system infrastructure.
The annual fees are consistent with those being charged to the County
departments. In addition, the Participant is required to pay all costs
associated with Participant’s subscriber units and to comply with the
established operating procedures for the System. The Participant will assign
representatives to participate in user committee meetings to discuss system
maintenance and administration issues. The term of the Agreement provides for
an initial term of five (5) years with two (2) renewal options, each for a
period of five (5) years. This Agreement may be terminated by either party,
with or without cause, on October 1st of any year, with a minimum of
six months’ notice. (ESS) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
12. Staff recommends
motion to approve: First Amendment to the Amended and Restated
Interlocal Agreement (R2019-0207) (“Agreement”) with the City of Pahokee
(“City”), to extend the term of the Agreement for fleet management services
from February 5, 2024 through February 4, 2029. Summary:
The Agreement provided the terms and conditions under which the County
provides fleet management services. Fleet management services generally
include: 1) preventative maintenance and corrective repairs to vehicles and
equipment, 2) the management and operation of fueling sites; 3) the sale of
fuel; and 4) the management of the Vehicle Replacement Policy Fund. There is no
fiscal impact associated with this item, as the expenses offset the revenues.
The Agreement provided for one renewal option for five (5) years. The City has
approved a renewal to extend the term of the Agreement to February 4, 2029, and
the renewal now requires approval from the Board of County Commissioners. This
amendment extends the term of the agreement, updates and adds standard County
contract provisions. Other than the changes set forth herein, all other terms
remain the same. (FDO – Admin) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
13. Staff recommends
motion to approve: Work Order No. 24-005 to the annual minor
construction services contract (R2020-0143) with Andrea Construction, Inc. (Contractor)
in the amount of $270,490 for the Coconut Cove Waterpark-Pool Deck Resurfacing
(Re-bid) project for a period of 90 calendar days from notice to proceed. Summary:
The project consists of the resurfacing of the entire pool deck. The
existing cool deck around the pool is delaminating and needs to be replaced.
Work Order No. 24-005 authorizes the construction services necessary to furnish
all labor, equipment, devices, tools, materials, transportation, supervision,
drawings, permitting and all miscellaneous requirements necessary to resurface
the entire pool deck at the Coconut Cove Waterpark Facility while the pool is
closed for the winter season. The resurfaced pool deck will create a stable
walking surface and will better serve the users of the Coconut Cove Waterpark.
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 90 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 minor construction services contract and the requirements of the
Equal Business Opportunity (EBO) Ordinance. The annual minor construction
services contract was presented to the Goal Setting Committee on August 21,
2019. The Committee applied the following 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. Since this is a single-trade project
greater than $100,000, the price preference API was applied. SBE participation
for this Work Order is 24.27%. Cumulative SBE participation on the annual minor
construction services contract is 62.28%. The Contractor is a Palm Beach County
business and an SBE certified firm. Funding for this project is from the Park
Improvement Fund. (Capital Improvements Division) District 5 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
14. Staff recommends
motion to approve: First Amendment to Amended and Restated Agreement
(R2019-0211) (“Agreement”) with the Town of Highland Beach (“Town”) to extend
the term of the Agreement for interoperable communications through the
countywide common talk groups of the County’s Public Safety Radio System
(“System”) from February 5, 2024 to February 4, 2029. Summary:
The Agreement provided the terms and conditions under which the Town can
program into its radios and utilize the countywide common talk groups for
certain types of inter-agency communications, expires on February 4, 2024. The
Agreement provided for three (3) renewal options, each for a period of five (5)
years. The Town has approved a renewal to extend the term of the Agreement to
February 4, 2029, and the renewal now requires Board approval. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of state and federal agencies with 800 MHz trunked radio capabilities.
There are no charges associated with this Agreement. The Town is required to
pay all costs associated with the Town’s subscriber units and to comply with
the established operating procedures for the County’s System. This Agreement
may be terminated by either party, with or without cause, upon ten (10) days
prior written notice to the other party. The First Renewal extends the term of
the agreement, adds the county’s standard E-verify and Insurance provisions.
Other than the changes set forth herein, all other terms remain the same.
(ESS) Countywide (MWJ)
15. Staff recommends
motion to approve: First Amendment to the License Agreement
(R2019-0050) (“Agreement”) with the School Board of Palm Beach County (“School
Board”) to extend the term of the Agreement for use of the County’s courthouse
facilities for Youth Court programming retroactively from January 15, 2024
through January 14, 2029. Summary: The Agreement allows the School Board to
utilize the County’s courthouse facilities for Youth Court. The Agreement
provided for two (2) renewal options, each for a period of five (5) years. The
School Board has approved a renewal to extend the term of the Agreement to
January 14, 2029, and the renewal now requires approval of the Board of County
Commissioners. The First Renewal extends the term of the Agreement, adds the
county’s standard E-verify provision, and updates the Notice section. Other
than the changes set forth herein, all other terms remain the same. (FDO) Countywide
(MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
16. Staff recommends
motion to approve: an annual contract with the following contractor for
roofing services on an as-needed basis through November 16, 2025.
Contractor Status SBE or Non-SBE
T
& G Corporation Non-Local
Non-SBE
dba
Bowhead Roofing
Summary: On November 17,
2020, the Board of County Commissioners (Board) approved the annual roofing
contract (R2020-1693 through R2020-1700). The work consists of roof repair and
replacement services to County-owned properties on an as needed basis. The
contractor now joins the list of fourteen (14) prequalified contractors for a
total of fifteen (15) prequalified contractors with a contract expiration date
of November 16, 2025. The specific requirements of the work will be determined
by individual work orders issued against this annual roofing contract. These
contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $6,000,000 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 roofing contract before the term ends. Projects less than $100,000 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 $100,000 or greater are advertised on the vendor self-service (VSS)
website and are bid among the pool of pre-qualified contractors while projects
$200,000 or greater are advertised on the VSS website and additionally
advertised in the newspaper. The bidding pool is further expanded, for projects
$100,000 or greater, 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 roofing contract was
presented to the Goal Setting Committee on July 15, 2020 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 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 roofing contract is 31.47%. (Capital Improvements) Countywide
(MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
17. Staff recommends
motion to approve: An Interlocal Agreement (“Agreement”) with the
United States Department of Homeland Security, U.S. Seventh Coast Guard
District (“Coast Guard”) allowing for interoperable communications through the
countywide common talk groups of the County’s Public Safety Radio System
(“System”) from February 5, 2024 through February 4, 2029. Summary:
This Agreement provides the terms and conditions under which the Coast Guard
can program into its radios and utilize the countywide common talk groups for
certain types of inter-agency communications. The County’s System will not be
utilized for routine operational communications by the Coast Guard. The terms
of the Agreement are standard and have been offered to all municipalities and
local branches of state and federal agencies with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement. The Coast
Guard is required to pay all costs associated with the Coast Guard’s subscriber
units and to comply with the established operating procedures for the County’s
System. This agreement provides for an initial term of five (5) years with two
(2) renewal options, each for a period of five (5) years. This Agreement may be
terminated by either party, with or without cause, upon ten (10) days prior
written notice to the other party. This Agreement when effective terminates and
replaces the Agreement between County and Coast Guard R2019-0208. (ESS) Countywide
(MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, approving the issuance of one or
more series of Revenue Bonds for Palm Beach Atlantic University, Inc. by the
Palm Beach County Educational Facilities Authority in an aggregate principal
amount not to exceed $60,000,000. SUMMARY:
Palm Beach Atlantic University, Inc. (the "Borrower") has requested
the Palm Beach County Educational Facilities Authority ("Authority")
to issue tax-exempt Revenue Bonds (Palm Beach Atlantic University, Inc.) (the
"Bonds"), in one or more series and in an aggregate principal amount
not to exceed $60,000,000 pursuant to a TEFRA public hearing held on November
14, 2023 by the Authority. The bonds are to be issued by the Authority
for the purpose of providing funds to the Borrower for the purposes of
financing, including through reimbursement: (i) a new classroom/office building
consisting of six stories and approximately 125,000 square feet to be built on
the Borrower's main campus to be used primarily for the existing Rinker School
of Business located at 901 South Flagler Drive, West Palm Beach, Florida, and
any other capital improvements to its educational facilities located on such
campus; (ii) any necessary reserves for the Bonds and capitalized interest, if
any; and (iii) certain costs of issuance of the Bonds (collectively, the
"Project"). All facilities to
be financed by the Bonds are owned and operated by the Borrower. Approval by an elected body is required by
the Internal Revenue Code; however, adoption of this Resolution does not in any
way obligate the County. One or more documents approved by the Authority in the
resolution authorizing the issuance of the Bonds will include language creating
a contractual obligation of the borrower substantially as follows: The County
assumes no responsibility for monitoring compliance by the Borrower of
applicable federal income tax, securities laws or other regulatory
requirements. The Borrower understands and agrees that it is responsible
for monitoring its compliance with all applicable federal income tax, federal
securities law and other regulatory requirements, retaining adequate records of
such compliance, and retaining qualified counsel to respond to or assist the
Authority and the County in responding to any audit, examination or inquiry of
the Internal Revenue Service, the Securities and Exchange Commission or other
organization. The Borrower assumes responsibility for monitoring compliance
with applicable provisions of federal tax laws and U.S. Treasury Regulations
relative to the Bonds, and shall retain adequate records of such compliance
until at least three (3) years after the Bonds are retired. In the event of any
audit, examination or investigation by the Internal Revenue Service with
respect to the tax-exempt status of the Bonds or any other related tax matters,
the Borrower shall be responsible for retaining qualified counsel to respond to
such audit. Neither the taxing power nor the faith and credit of the
County, nor any County funds shall be pledged to pay the principal, redemption
premium, if any, or interest on the Bonds.
District 7 (DB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (cont’d.)
2. Staff recommends
motion to:
A) receive and file a Cooperative Agreement with the U.S.
Environmental Protection Agency (EPA) for a Brownfields Assessment Grant in the
amount of $500,000, for the project period of July 1, 2023 to September 30,
2027;
B)
approve a Budget Amendment
of $500,000 in the U.S. EPA Revolving Loan Fund Program grant fund to recognize
grant revenue and to establish the grant appropriation budget; and
C)
delegate to the County
Administrator, or designee, signatory authority on additional forms,
certifications, contracts/agreements and amendments thereto, and any other
necessary documents related to the U.S. EPA Brownfields Assessment Grants
program, that do not substantially change the scope of work, terms or
conditions of the agreement.
SUMMARY: On November
21, 2022, the Department of Housing and Economic Development (DHED) submitted
an application to the U.S. Environmental Protection Agency (EPA) for a
Community-wide Brownfields Assessment Grant. EPA Assessment Grants provide
funding for assessments related to brownfields sites. On May 25, 2023, the EPA
notified the County that it had been selected for a $500,000 grant. EPA
finalized the award to the County on October 18, 2023 with the above
Cooperative Agreement (Grant No. BF-02D60823-0). No local match is required and the EPA allows up to ten-percent
(10%) of the grant to be used for programmatic costs for managing this program.
Countywide (DB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (cont’d.)
3. Staff recommends
motion to:
A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding
award in the total amount of $8,569 to R.A. Ransom & Associates, Inc.;
B)
authorize the Mayor to
execute a Certificate of Award to be released to R.A. Ransom & Associates,
Inc. pursuant to IFAHAP Guidelines;
C)
approve a Budget Transfer of $7,257 in Impact
Fee Assistance Program – Roads Zone 2 to appropriate funds for R.A. Ransom
& Associates, Inc.;
D)
approve a Budget Transfer
of $942 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds
for R.A. Ransom & Associates, Inc.; and
E)
approve a Budget Transfer
of $370 in Impact Fee Assistance Program – Public Building to appropriate funds
for R.A. Ransom & Associates, Inc.
Summary: On October 6, 2023, the Department of Housing and Economic Development
issued a Notice of Funding Availability (NOFA) making $1,372,640 in IFAHAP
funding available from Palm Beach County’s Fiscal Year 2023 allotment funding
cycle. R.A. Ransom & Associates,
Inc. submitted an application for $8,569.91 in response to the NOFA. Staff recommends that up to $8,569 be
provided as a credit for impact fees associated with the construction of two
(2) dwellings consisting of a single-family home (4bed/2bath), and a rental
apartment (2bed/1.5 bath) located at 1126 9th Street, in West Palm
Beach (the Project). R.A. Ransom & Associates, Inc. will be given credits
for Roads Zone 2 Impact Fees ($7,257), Parks Zone 2 ($942), and Public Building
Impact Fees ($370) for the construction of the Project. R.A. Ransom & Associates, Inc. will pay
impact fees above the allocated $8,569. The Certificate of Award and related
documents will be issued to R.A. Ransom & Associates, Inc. and its
successors and/or assigns. According to IFAHAP requirements, the units will be
rented to persons with income at or below 140% of Area Median Income. The assisted units will be restricted to
remain affordable for 30 years. These funds are from interest earned by
the Impact Fee Fund. District 7 (HJF)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING,
& BUILDING
1. Staff recommends a
motion to approve: the
appointment of three (3) new members to the Construction Industry Licensing
Board (Board).
Appointment |
Seat # |
Requirement |
Term |
Recommended
by |
James
W. Stevens |
10 |
Swimming
Pool Contractor |
01/23/2024-09/30/2026 |
Commissioner
Bernard Vice
Mayor Marino Commissioner
Weiss Commissioner
Woodward |
Naomi Stevenson |
14 |
Consumer Representative |
01/23/2024-09/30/2027 |
Commissioner
Bernard Vice
Mayor Marino Commissioner
Weiss Commissioner
Woodward |
Robert
D. Shorr |
15 |
Consumer Representative |
01/23/2024- 09/30/2028 |
Commissioner
Bernard Vice
Mayor Marino Commissioner
Weiss Commissioner
Woodward |
Summary: The Board establishes the qualifications
and competency of contractors that work within the County. The Board also
provides for the testing and licensing of these contractors and is empowered to discipline
licenses and hear citation appeals.The Board was established by
Special Act, Laws of Florida, Chapter 67‑1876, as amended. The
Special Act and, subsequently, Section 489.131, Florida Statutes (F.S.) sets
forth the membership of the Board, which consists of 15 members. This Board
shall be comprised of fifteen (15) members as follows: two (2) general
contractors, one (1) building contractor, one (1) residential contractor; one
(1) electrical contractor; one (1) plumbing contractor; one (1) HARV
contractor; one (1) roofing contractor; one (1) swimming pool contractor; one
(1) architect; one (1) engineer and one (1) full-time building official
employed by a local government within Palm Beach County, who meets the
requirements of the Building Officials Association of FL; and three (3)
consumer representatives. A memorandum was sent to the Board of County Commissioners
(BCC) on November 09, 2023, requesting support for three (3) new board members,
no other nominations were received. The Board currently has 10 seats filled.
The agenda herein requesting approval to fill three (3) new members will bring
the membership up to 13 members. The Board currently has 10 seats
filled, with a diversity count of eight (8) Caucasians (75%); and two (2)
Hispanic Americans (25%). The gender ratio is (female: male) is 2:8. The
agenda herein requesting approval to fill three (3) seats will bring the
membership up to 13 members. Staff is addressing the need to increase diversity
within our Board and will continue to encourage this to expand this Board’s
diversity. Countywide (RM)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a
non-standard Utility Easement (Easement) granted by The School District of Palm
Beach County (TSDPBC) to Palm Beach County (County) on property located at 425
West Canal Street, Belle Glade, Florida. Summary: The proposed alignment of
an 8-inch water distribution main designed by the Palm Beach County Water
Utilities Department (PBCWUD) extends along the west and south side of a
private property owned by TSDPBC. The TSDPBC is granting PBCWUD a 20-feet wide
easement for the construction, maintenance and repair of the proposed water
main that will interconnect to the existing water main along NW H Street and
West Canal Street North in Belle Glade. The easement property serves a middle
school. Under the non-standard provisions of the Easement, the County
acknowledges that the affected area will be restored to equal or better
condition and that any construction, maintenance or repair work needs to be coordinated
with the TSDPBC. (PBCWUD Project No. 18-002) District 6 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
2. Staff recommends
motion to approve: Change
Order (CO) No. 3 with R. J. Sullivan Corp. (RJS) for the Southern Region Water
Reclamation Facility (SRWRF) Secondary Clarifier and Effluent Filtration
Improvements (Project) in the amount of $1,221,785.72 and for a Project time
extension of 110 calendar days. Summary: On November 19, 2019, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract for the Project (R2019-1776). The Project includes
rehabilitation of eight (8) secondary clarifiers and the construction of two
(2) new effluent filters, four (4) filtered effluent transfer pump stations,
sludge digester hot water boilers, and bulk sodium hypochlorite storage at
SRWRF. CO No. 3 will add a total of one
hundred and ten (110) calendar days to the contract for the work associated
with the concrete repairs of clarifier 2-2 and an additional cost of
$489,870.56 for the associated construction overhead costs for 66 of the 110
days. CO No. 3 also includes an increase
of $600,000 to the Owner controlled allowance (Bid Item No. 13) for concrete
and structural repairs for the remaining four (4) secondary clarifiers and
three (3) filtered effluent pump station clearwells. This CO also includes
twenty (20) additional items that were required to accommodate differing site
conditions, owner initiated changes and one errors and omissions change which
are individually specified on Attachment 1.
This Contract was procured under the requirements of the Equal Business
Opportunity Ordinance. On April 3, 2019,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a
minimum mandatory 10% Small Business Enterprise (SBE) subcontracting goal and a
3% Minority Business Enterprise (MBE) subcontracting goal among certified
African American and/or Hispanic American owned firms. The Contract provides for 13.26% SBE
participation which includes 3.85% MBE participation, 0.64% MBE (H) and 3.21%
MBE (B). CO No. 3 includes 4.85%SBE
participation which includes 3.30% MBE participation, 3.30% MBE (B). The cumulative SBE participation including
CO No. 3 is 12.63% which includes 3.8% MBE participation, 0.58% MBE (H)
and 3.23% MBE (B). RJS is headquartered in Pompano Beach,
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 FY24 budget. (PBCWUD Project No. 17-022) District
5 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
3. Staff recommends
motion to approve: Two
(2) executed Standard Potable Water and Wastewater Development Agreements, one
(1) Amendment to Standard (Potable Water, Wastewater, and/or Reclaimed Water)
Development Agreement, and one (1) Memorandum of Understanding Regarding Water
and Wastewater Service for the month of September 2023.
A)
Standard Potable Water and
Wastewater Development Agreement with Spilan Parcel, LLC, SDA #02-01173-000
(District 3), Recorded in OR BK 34571 PG 1967.
B)
Standard Potable Water and
Wastewater Development Agreement with The Hangar Bravo LLC, SDA #01-01280-000
(District 2), Recorded in OR BK 34571 PG 1958.
C)
Amendment to Standard
(Potable Water, Wastewater, and/or Reclaimed Water) Development Agreement with
Boynton Beach Marketplace, LLC, SDA #05-11133-000 (District 5), Recorded in OR
BK 34571 PG 1976.
D)
Memorandum of Understanding
Regarding Water and Wastewater Service with Palm Beach County Facilities
Development and Operations Department, MOU #02-01175-000 (District 6).
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 & 6 (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
4. Staff recommends
motion to approve: Contract for Professional Consulting
Services for three (3) year terms with Black & Veatch Corporation (B&V)
for the Utility Hydrogeologic Engineering Services (Hydrogeologic
Contract). Summary: The
Hydrogeologic Contract will provide professional engineering and consulting
services for PBCWUD projects including improvement and expansion of wellfield
systems. The Hydrogeologic Contract was procured under the requirements of the
Equal Business Opportunity Ordinance. On April 5, 2023, 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 African American owned firms. B&V has met the
established API for this Hydrogeologic Contract. The Hydrogeologic Contract with B&V provides for 25% SBE participation, which includes
25% MBE, 25% MBE (B). B&V is headquartered in Overland Park, Kansas,
but maintains an office in Palm Beach County from which the majority of the
work will be performed. (PBCWUD Project No. 23-026) Countywide (MWJ)
5. Staff recommends
motion to approve: a
2023 Lift Station Rehabilitation Continuing Construction Contract (Contract)
with Hinterland Group Inc. (Hinterland) for a not to exceed amount of
$13,686,110.10 for a two (2) year term with an optional one (1) year renewal. Summary:
On August 2, 2023, the Palm Beach County Water Utilities Department (PBCWUD)
received one (1) bid for the Contract. The Contract will be used to expedite
utility capital improvement projects, facilitate the completion of much needed
rehabilitation work and reduce the response time for corrective action/repairs
for any necessary lift station projects throughout PBCWUD’s service area where
timing is critical. The Contract award is for the unit bid prices received and
overall bid dollar amount of $13,686,110.10 from Hinterland, which was utilized
to establish the unit prices for work under this Contract. The Contract does
not guarantee or authorize Contractor to perform any work. Work will be
assigned during a two (2) year period with an optional one (1) year renewal by
Work Orders drawn against the Contract, subject to approval pursuant to the
requirements of PPM CW-F-050. The unit prices contained in the Contract will be
used to determine the amount of each Work Order. This Contract was procured under
the requirements of the Equal Business Opportunity Ordinance. On June 7, 2023, the Goal Setting Committee applied an
Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small
Business Enterprise (SBE) subcontracting participation of which 3% shall be
among certified African American and/or Hispanic American owned firms.
The Contractor has met the established
API. Contract provides for 26%
SBE participation, which includes 26% MBE participation, 26 MBE (B). The
Hinterland is a Palm Beach County based company. The Contract is included in the PBCWUD FY24
and FY25 budgets. (PBCWUD Project No. 23-031) Countywide (MWJ)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES
MANAGEMENT
1. Staff recommends
motion to:
A)
approve State of Florida Department of Environmental Protection (FDEP) Standard
Grant Agreement No. LPA0716 (Agreement) for an amount not to exceed $150,000
providing, for mechanical fuel reduction for the Loxahatchee Slough Habitat
Restoration Project (Project) beginning upon Agreement execution and expiring
December 31, 2025;
B)
approve a Budget Amendment of $150,000 in the
Natural Areas Fund to recognize the grant revenue from FDEP and a transfer of
$150,000 to the Project to provide for the
County cost share; and
C) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement, and
any necessary minor amendments that do not substantially change the scope of
work, terms or conditions of the Agreement.
Summary: The Agreement provides 50% of the cost share
and reimburses the County up to $150,000 for mechanical fuel reduction for the
Project. The County will utilize specialized equipment to reduce overgrown
vegetation to mitigate the risk of wildfire and lower fire intensity during
prescribed burns, to achieve habitat restoration. The County will provide up to
$150,000 for the Project, using available funds in the Natural Areas Fund, for
a total Project cost of $300,000. The Agreement contains
indemnification/liability and termination 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 Department 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 the Department
to move the Agreement forward for Board of County Commissioners’ approval. District 1 (SS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES
MANAGEMENT (cont’d.)
2. Staff recommends motion to receive and file: Amendment to the Agreement and License for Property Access to Trim Vegetation (Agreement) with the Seaview at Juno Beach Property Owner’s Association, Inc., for trimming of native vegetation on a County-owned property in Juno Beach, to extend the term of the Agreement from January 15, 2024 to November 1, 2027. Summary: On January 15, 2019, the Board of County Commissioners approved the Agreement (R2019-0106) and authorized the County Administrator, or designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement, and any necessary minor amendments that do not significantly change the scope of work or terms and conditions of this Agreement. The Amendment revises certain standard County provisions, updates Exhibit B with minor modifications that do not affect the location or scope of the License Premises, and extends the current Agreement termination from January 15, 2024 to November 1, 2027. 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)
3. Staff recommends
motion to approve: the
Annual Certified Budget for Mosquito Control (Form 13617) with the Florida
Department of Agriculture and Consumer Services (FDACS) for Mosquito Control
activities performed during the fiscal year period beginning October 1, 2023
through September 30, 2024. Summary: On July 11, 2023, the Board of County
Commissioners (BCC) approved the
Detailed Work Plan Budget – Arthropod Control (Budget) and Operational Work
Plan for Mosquito Control (Work Plan) for the State Financial Assistance
Recipient Agreement (Agreement) (R2023-0943) or State Mosquito Control
Memorandum of Understanding (MOU) with FDACS for fiscal year beginning October 1,
2023 and ending September 30, 2024. The Budget and Work Plan outlines the
tentative use of state and local funds in the upcoming fiscal year necessary to
implement or maintain an integrated mosquito management program. As part of the FDACS routine agency review of Florida mosquito control
programs participating in the “State Approved” mosquito control program, FDACS
requests financial information from the mosquito control programs participating
to determine what, if any, grant funding is allocated to each mosquito control
program. As the total State grant is a finite amount, and is divided amongst
the programs based on the tier they fall under, as determined by FDACS Form
13617, it is necessary that the County provide this financial report in order
to maintain its participation in the “State Approved” mosquito control
program. Since the Palm Beach County’s Mosquito
Control Division’s budget exceeds $3M, it places the program in the State’s
Tier I, which does not qualify for additional funding under Florida
Administrative Code (F.A.C) 5E-13. There
is no cost to the County. Countywide (SS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES
MANAGEMENT (cont’d.)
4. Staff recommends
motion to:
A) receive
and file Amendment No. 04 (Amendment) to Grant No. L22AC00513 under
Cooperative Agreement (Agreement) (R2022-1540) with the U.S. Bureau of Land
Management (BLM) which provides funds for year-two of the Agreement in the
amount of $32,945.06 for the
management of the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA),
for the period commencing September 14, 2023 and ending September 13, 2024; and
B)
approve Budget Amendment of $32,945 in the Natural Areas Fund to recognize the award for
FY2024.
Summary: On December 20,
2022, the Board of County Commissioners (BCC) approved the BLM Agreement
(R2022-1540) for management services at JILONA for a 5-year project period
commencing September 14, 2022 and ending September 13, 2027. The approval
included funding in the amount of $32,072.87 for the first year of the
Agreement. Delegated authority to execute all future time extensions, task
assignments, certifications and other forms associated with the Agreement and
any necessary minor amendments that do not substantially change the scope of
work or terms and conditions of the Agreement was approved at that time. This
Amendment is labeled as Amendment No. 4 because Amendment No. 1, No. 2 and No.
3 were all draft amendments from BLM that contained errors, and therefore were
not presented to or executed by the BCC. Amendment No. 04 corrects all those errors and is therefore the first
Amendment being presented to Board. This Amendment provides for reimbursement
to the County up to the amount of $32,945.06 for managing JILONA for FY2024
with no County match required. The budget outlined in Amendment No. 04 shows
the total awarded amount to date, which includes FY2023 ($32,072.87) and
FY2024 ($32,945.06) totaling $65,017.93. There
is no cost to the County. District 1 (SS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES
MANAGEMENT (cont’d.)
5. Staff recommends
motion to:
A) ratify Singer Island Emergency Dune Restoration
Contract No. 2023ERM05 (Contract) with Eastman Aggregate Enterprises,
LLC (Contractor) in the amount of $2,530,586.50 to provide dune restoration
services for the Singer Island Dune Restoration Project (Project), for a term beginning November 20, 2023
and expiring 90 calendar days from the Notice to Proceed; and
B) accept a Temporary Construction Easement
(Easement) with Eastpointe II Condominium Association, Inc. to provide an
expanded construction access area for a term beginning December 1, 2023
and expiring no later than May 29, 2024.
Summary: The Contract provides for emergency dune restoration within the Project
area, which suffered exceptional erosion damage in October and November 2023
due to waves generated by a combination of prolonged severe weather and king
tides. Restoration of the dune was most
recently completed in February 2023, but the area had been eroded to
pre-restoration conditions by recent wind and waves, leaving adjacent upland
infrastructure and a construction access easement utilized by the County for
beach management efforts, vulnerable to direct impacts. Because of this, and the fact that dune and
beach construction is not authorized during marine turtle nesting season (March
1 through October 31), it became necessary to complete an immediate restoration
of the Project on an emergency basis. The Florida Department of Environmental
Protection (FDEP) provides funding assistance where critical erosion impacts
shore protection projects. In order to
qualify for potential FDEP funding, the County inquired about dune construction
rates from other local governments with existing competitively bid contracts
including state and federal requirements; the Town of Jupiter Island (Town) has
an existing contract for these services where the Contractor is willing to
accept additional work at existing rates.
Pursuant to Sections 2-53 (f) and 2-54 (f)(4) of the Palm Beach County
Purchasing Code, and based on these emergency circumstances where approval by
the Board of County Commissioners could not be obtained in a timely manner, the
Environmental Resources Management Department Director executed the Contract on
November 20, 2023. The Contract allowed an immediate start to emergency
restoration work. The Easement provides the Contractor with required access to
complete the Project, and is necessary due to erosion of a portion of the
existing construction access easement area. The Project will utilize a
combination of available project-specific and emergency response budget within
the Beach Improvement Fund, and will be submitted for consideration of
supplemental funding through the FDEP Beach Management Funding Assistance
Program. District 1 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES
MANAGEMENT (cont’d.)
6. Staff recommends
motion to receive and file:
A) Interlocal Agreement with the City of
Riviera Beach for manatee law enforcement services from November 15, 2023 to
March 31, 2028; and
B) Interlocal Agreement with the City of West
Palm Beach for manatee law enforcement services from November 15, 2023 to March
31, 2028.
Summary: On August 19, 2014, the Board of County
Commissioners (BCC) approved a Resolution (R2014-1193) adopting a standard form
Interlocal Agreement (Agreement) with law enforcement agencies for manatee
protection and public education. On September 19, 2023, the BCC approved a new
Resolution (R2023-1316) that updated the standard form Interlocal Agreement
with law enforcement agencies, and authorized the County Administrator, or
designee, to execute the Agreement and sign all future time extensions, task
assignments, certifications, award letters, amended award letters and other
forms associated with the Agreement. The purpose of the new five-year
interlocal agreements is to provide for additional marine law enforcement
services within the estuarine waters of the County during manatee season, which
runs between November 15 and March 31, each year. They include updated
County Agreement provisions and revised Standard Marine Enforcement Daily
Report forms. 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. Districts 1, 2, & 7
(SS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Entertainment Contractor Agreement with Louise J McKinnon-White
in an amount of $500 for the Planet Lulu concert at Canyon Amphitheater, on
November 18, 2023. Summary: The Parks and Recreation Department
produces cultural activities to promote the quality of life in the communities
it serves. A sponsorship received on
FY2023 in the amount of $6,000 for the Legends of the Lawn events from
Nostalgic America offset the expense of this concert at the Canyon
Amphitheater. This Entertainment
Contractor Agreement has 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 2008-1109, amended by
Resolutions 2010‑0644, 2014-0168 and 2017-1367. The
Department is now submitting this Agreement 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. District 5 (AH)
2. Staff recommends
motion to receive and file: an executed Amphitheater Rental Agreement with the Alzheimer’s Disease and
Related Disorders Association, Inc., for the Walk to End Alzheimer’s Event at
Sunset Cove Amphitheater, for the period of November 10, 2023 through November
12, 2023. This event generated $4,069
in revenue, with $1,342 in direct expenses; thus providing a net fiscal impact
of $2,727. Summary: This
Amphitheater Rental Agreement has 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 2009-0335, amended by Resolutions
2009-1807, 2012-1715, and 2014-0166. The Department is now submitting this
Agreement 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. District 5
(AH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file:
A) First
Amendment to Contract for Consulting/Professional Services (R2022-0988) with Southeast
Florida Behavioral Health Network, Inc. (SEFBHN) to extend the term of the
contract from September 13, 2023 through November 13, 2023; and
B)
Second Amendment
to Contract for Consulting/Professional Services (R2022-0988) with SEFBHN to
extend the term of the contract from November 13, 2023 through January 13,
2024.
Summary: The First and Second Amendments
to the contract with SEFBHN extended the funding period from September 13, 2023
through January 13, 2024, for the Frequent Utilizer “Next Steps” pilot project
to provide continued access to behavioral health support services, case
management, care coordination, peer support, and assistance applying for
various public benefits. On September 13, 2022, R2022-0988 authorized the
County Administrator or designee to execute any amendments, reports, or
documents relating to this agreement after approval of legal sufficiency by the
County Attorney’s Office and within budgeted allocations. 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. Countywide (HH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve: an Interlocal
Agreement for Fire Vehicle Maintenance and Repair Services (Agreement) with the
Town of Palm Beach Shores (Town), for Palm Beach County Fire Rescue (PBCFR) to
provide fire vehicle maintenance and repair services to the Town retroactively
from May 21, 2023 through May 20, 2028. Summary:
The Agreement provides the terms and conditions under which PBCFR Support
Services personnel will provide maintenance and repair services for the Town’s
Fire-Rescue emergency response vehicles and apparatus. The
parties desire for the County to continue to provide such services to the Town
for five (5) years. Countywide (SB)
2. Staff recommends
motion to:
A) authorize the County Administrator, or
designee, to sign the State FY 2023-2024 annual Emergency Medical Services
(EMS) Matching Grant Application requesting $216,674, to fund 75% of the
purchase of 13 Hamilton-T1 ventilators; and
B) authorize the County Administrator, or
designee, to accept, approve, execute and submit, on County’s behalf the grant
award, representations, certifications, acknowledgments, assurances, standard
forms and documents, reimbursement requests, amendments, time frame changes,
EMS Grant program change requests, and any other necessary documents, that do
not materially change the general scope of terms and conditions of the grant.
Summary:
The EMS Matching grant is a grant from the Florida Department of Health, Bureau
of EMS. This grant application requests $216,674 from the Emergency Trust Fund
for the purchase of 13 Hamilton-T1 ventilators. The
total project cost identified in the grant application is $288,899. The required match for this grant is
$72,225 (25% of the State approved grant amount), which will be funded from
Fire Rescue’s contingency reserve. Countywide (SB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(cont’d.)
3. Staff recommends
motion to approve: a Budget Transfer
of $575,000 within the Fire
Rescue Improvement Fund (Fund 3700) to account for
unforeseen increase in costs for Fire Stations No.17 and 49. Summary:
The additional funds for Fire Station No.17 will cover the necessary city
permits for Change Order No.3 for alterations to the modular building,
including mechanical, electrical, plumbing and roofing modifications. Change
Order No.3 can be approved by the Facilities Development & Operations
Director under the authority granted by the Purchasing Code. The funds for Fire
Station No. 49 will help address additional costs in the development of the
station, including installation of a canopy cover, and underground connection
for power to Florida Power and Light Company. These upgrades are essential for
safe and operational efficiency during the construction of the permanent
station. Countywide (SB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A)
receive and file a
federally-funded executed Grant Agreement (G0459) for FY2023-24 in the amount
of $290,710 for the Emergency Management Performance Grant (EMPG) with the
State of Florida, Division of Emergency Management (FDEM) to receive grant
funding for the period October 1, 2023, through March 31, 2025, to improve and
enhance emergency management plans and programs and provide operational support
to maintain state required programs; and
B) approve
a Budget Amendment of $9,591 in the Emergency Management Preparedness &
Assistance Fund to adjust the budget to the actual award of $290,710.
Summary: The EMPG grant (CFDA #97.042) is federally
funded and recurs annually. The grant will be used to further enhance emergency
planning, response, mitigation, and recovery in the County. R2012-1731 dated November 20, 2012, gave
authority to the County Administrator, or designee, to execute these agreements
on behalf of the Board of County Commissioners. County matching funds of $290,710 (100%) are required and included
in the County budget. Countywide (DB)
2. Staff
recommends motion to receive and file: executed Florida Department of Health Emergency Medical Services (EMS)
Program, Grants Section Change Request in the amount of $78,222.04 for EMS
Grant ID Code C1050 to improve and expand EMS systems for the period of March
1, 2023 through February 29, 2024. Summary: The County was awarded
$174,438 (CSFA #64.005) during the FY 2022-23 grant cycle from the State of
Florida Department of Health, EMS Section, to improve and expand EMS
systems. There was an unspent balance of
$76,566.17 due to purchasing bids coming in lower than expected and supply
chain delays from the FY 2021-22 grant cycle, Grant ID Code C0050, and interest
earned of $1,655.87. This combined sum total of $78,222.04 will roll over into the FY 2022-23 grant
cycle, Grant ID Code C1050 bringing the total to $252,660.04. On January 10, 2023, R2023-0023 authorized the
County Administrator to sign change request forms related to the EMS County
Grant Award. The Grants Section Change
Request form was signed by State on December 5, 2023. There
is no ad valorem funding required. Countywide (SB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
3. Staff
recommends motion to adopt: a Resolution of the Board of County Commissioners authorizing the County
Administrator or designee to sign the FY 2023-2024 annual Florida Department of
Health Emergency Medical Services (FL-EMS) County Grant Application for
$183,816.99 and sign EMS Grant
program change request forms related to the grant after the approval of the
application by the Florida Department of Health, Bureau of EMS and forward same
to the State of Florida Department of Health, Bureau of EMS. Summary: The
EMS County Grant (CSFA# 64.005) is an annual grant provided to Palm Beach
County from the Florida Department of Health, Bureau of EMS, to improve and
expand the EMS system. The funds are
used to purchase EMS equipment which is distributed to EMS providers and other
agencies that are eligible for EMS grant funding. No
County matching funds are required
for this grant. Countywide (SB)
4. Staff recommends
motion to approve: First Amendment to Interlocal Agreement with City of
Riviera Beach to provide temporary medical staff to the disaster shelter
located in their municipal boundary for the duration of the shelter activation
for a term of five (5) years through August 8, 2028 and allow for future
extensions in five year increments. Summary: The County operates disaster shelters all
across Palm Beach County. Emergency
Activations have shown the need for emergency medical services (EMS) to be
present at all times at all disaster shelter locations. Currently, there are fifteen (15) emergency
shelters, with seven (7) of them serviced by their respective municipal Fire
Rescue Department. Interlocal Agreements with the six (6)
municipalities were originally executed in 2018 with an initial term of five
(5) years. The original Interlocal
Agreements provide that the parties may mutually agree to renew for another
term of five (5) years, which must be documented in a written amendment
executed by both parties. The
First Amendment to Interlocal Agreements will allow the municipal fire rescue
departments to staff and assign EMS prior to a disaster to ensure that the
shelter has EMS present at all times. The County and the Cities wish to extend the
term of the Interlocal Agreement for an additional five (5) years, extending
the term to 2028. Three (3) First
Amendments to Interlocal Agreements were approved by the Board on December 5,
2023. The remaining two (2) Interlocal
Agreements will be brought to the Board at a later date. The County will reimburse government agencies
for eligible costs and request reimbursement from the Federal Emergency
Management Agency. Countywide (DB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
5. Staff
recommends motion to:
A) receive and file
the executed subcontract 23SAS26 with the Florida Council Against Sexual
Violence (FCASV) for the period retroactive to October 1, 2023 through July 31,
2026 in the amount of $120,000 for the first year period to provide sexual
assault services;
B) approve the addition of one (1) full-time Project Coordinator (pay
grade 30) to the Victim Services Complement; and
C) approve a Budget Amendment of $120,000 in the Public Safety Grants
Fund to recognize the grant award.
Summary: Palm Beach County, Department of
Public Safety, Division of Victim
Services (DVS) was awarded a Sexual Assault Services Program (SASP) Formula
Grant, Assistance Listing Number (ALN)16.017 from the FCASV in the amount of $120,000
for the first year of a three-year funding cycle ending in July 2026. This
grant will expand advocacy services, accessibility of victim services and
outreach to the Hispanic/Latino/a populations by creating Partnerships with El
Sol and the Guatemala Maya Center. The
SASP Project Coordinator Position (pay grade 30) will coordinate all activities
associated with this project including direct services, outreach, strategic
planning and project evaluation. The
Project Coordinator position will be approved for the length of the grant
funding and will be deleted from the DVS complement when the funding is
discontinued. For the previous grant
period of July 1, 2022 to July 31, 2023, DVS assisted 1,340 new and ongoing
primary and secondary victims with 14,479 units of service for the period July
1, 2022 to July 31, 2023. On January 10,
2006, R2006-0095 authorized the County Administrator or designee to execute
FCASV grant contracts on behalf of the County.
No County matching funds are
required for this grant. Countywide
(RS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on
behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the
State of Florida Department of Transportation (FDOT) for the Palm Beach County
Sheriff’s Office, Palm Beach County Occupant Protection Project, in the amount
of $200,000, for the period of November 15, 2023 through September 30, 2024;
and
B) approve a
Budget Amendment of $200,000, increasing the Sheriff’s Grants Fund.
Summary: On October 13,
2023, the Florida Department of Transportation awarded a grant to the Palm
Beach County Sheriff’s Office in the amount of $200,000, to support an Occupant
Protection Project in Palm Beach County.
Funds will be used to support overtime costs and training associated
with the Occupant Protection Project.
There is no match requirement associated with this award. The Catalog of Federal
Domestic Assistance (CFDA) number is 20.600, the project number is
OP-2024-00274, and the FDOT Contract number is G2R02. Countywide (RS).
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Department of Homeland Security, FY2023 Targeted Violence and
Terrorism Prevention Grant Program grant award in the amount of $610,000 for
the period of October 1, 2023 through September 30, 2025; and
B) approve
a Budget Amendment of $610,000 in the Sheriff’s Grants Fund.
Summary: On October 1, 2023, the Palm Beach
County Sheriff’s Office (PBSO) received a federal grant award in the amount of
$610,000 to enhance our Palm Beach County School and Community Violence
Prevention Project and corresponding comprehensive implementation strategy
which addresses threats of mass violence in the community. Funding will be
used to support the hire of one full time Sergeant position, contractual
services, training, supplies, and community awareness. An increase in
funding from the County may be requested through our annual budget process once
the grant ends to support the (1) newly added position. There is no match requirement
associated with this award. The OAG Catalog of Federal
Domestic Assistance (CFDA) Number for this program is
97.132. The Agreement number is
EMW-2023-GR-00059-S01. Countywide (RS)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach
County Sheriff’s Office, a Bureau of Justice Assistance (BJA) State
Criminal Alien Assistance Program FY 2023 Grant in the amount of $58,870 for
the period of November 21, 2023 through the date all funds have been spent; and
B) approve a Budget
Amendment of $58,870 increasing the Sheriff’s Grants Fund.
Summary: The Bureau of Justice Assistance (BJA) has
made funds available to be used for correctional purposes. These funds will be
used in accordance with the Department of Justice Reauthorization Act of 2005. There
is no match requirement associated with this award. The Catalog of
Federal Domestic Assistance (CFDA) number is 16.606 and the contract number is 15PBJA-23-RR-05603-SCAA. Countywide
(RS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
4. Staff
recommends motion to:
A) receive & file Grant Modification
#2 with the Office of National Drug Control Policy to provide supplemental
funds in the amount of $29,124.50 for the Palm Beach County Sheriff’s Office, effective on December 7,
2023; and
B) approve a Budget Amendment
of $29,125 in the Sheriff’s Grant Fund.
Summary: On April 4, 2023,
the Board of County Commissioners (BCC) accepted a grant award on behalf of the
Palm Beach County Sheriff’s Office (PBSO) from the Office of National Drug Control Policy
(ONDCP) in the amount of $105,154 for the period of January 1, 2023 through
December 31, 2024 (R2023-0444), to provide overtime support for the Palm Beach
County Narcotics Task Force (PBCNTF). On November 21, 2023, the BCC accepted
supplemental funds in the amount of $18,791.23 to continue to support the
PBCNTF (R2023-1727). This agenda item
will provide an additional $29,125 in grants funds for the PBCNTF, which brings
the total grant award to $153,069.73. There is no match requirement associated
with this award. The Catalog of
Federal Domestic Assistance (CFDA) number is 95.001 and the contract
number is G23MI0011A. Countywide
(RS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement
between Palm Beach County’s Office of Community Revitalization (PBCOCR) and the
Palm Beach County Sheriff’s Office in the amount of $10,997, for the period of
November 7, 2023 through November 6, 2024 for a neighborhood outreach project
previously approved by the Board of County Commissioners on 11/07/23;
B) approve a Budget Transfer in the amount of $10,997
from CCRT Special Projects & Initiatives Fund to the Sheriff's Grants Fund;
and
C) approve a Budget Amendment in the amount of $10,997
in the Sheriff’s Grant Fund.
Summary: On November 7, 2023, the Board of County Commissioners (BCC) approved a Neighborhood Engagement and Transformation (NEAT) grant agreement with the Palm Beach County Sheriff’s Office (PBSO) in the amount of $10,997 for the period of November 7, 2023 through November 6, 2024 (R2023-1647). The NEAT grant will support PBSO’s Community Policing Unit implement a Neighborhood Outreach Project within Countywide Community Revitalization Team (CCRT) neighborhoods, through the purchase of items and equipment for community events, community clean-ups and community gatherings. There is no cash match associated with this award. There is no contract number associated with this grant and no CFDA #. Countywide (RS)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL
1. Staff recommends
motion to receive and file: two (2) fully executed Palm Beach County
FY2024, 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) Caribbean Baseball Organization, Inc.,
for the promotion of World Comes to the Palm Beaches, held from October 25 -29,
2023, for the term May 25, 2023 – January 29, 2024. This grant was approved on May 11, 2023, in
the amount of $17,500, and
B) Boca
Raton Champions Golf Charities, Inc., for the promotion of the TimberTech
Championship PGA TOUR Champions, held from October 30 – November 5, 2023, for
the term May 30, 2023 – February 5, 2024. This grant was approved on May 11,
2023, in the amount of $50,000.
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 Caribbean Baseball Organization,
Inc./World Comes to the Palm Beaches were 1,801, and room nights generated for
Boca Raton Champions Golf Charities, Inc./TimberTech Championship PGA TOUR
Champions were 2,500. Districts 1,4, & 7 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL (cont’d.)
2. Staff recommends
motion to receive and file: two (2) fully executed Palm Beach County
FY2024, 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) Men’s
Senior Baseball League, Inc., for the promotion of Men’s Senior Baseball League
(MSBL) Fall Classic, held from November 4 - 18, 2023, for the term April 4,
2023 – February 18, 2024. This grant was
approved on May 11, 2023, in the amount of $68,000, and
B) Miracle
League of Delray Beach, Inc. dba Miracle League of Palm Beach County, for the
promotion of the Miracle League All-Star Weekend, held from November 3 – 5,
2023, for the term April 3, 2023 – February 5, 2024. This grantee was approved by the TDC on
February 9, 2023, 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 Men’s
Senior Baseball League, Inc./Men’s Senior Baseball League (MSBL) Fall Classic
were 8,295 room nights generated for Miracle League of Delray Beach, Inc.
dba Miracle League of Palm Beach County/Miracle League All-Star Weekend were
1,347. Districts 1 & 7 (YBH)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL (cont’d.)
3. Staff recommends
motion to approve:
A) an
Agreement between Palm Beach County and Ann Norton Sculpture Gardens, Inc. for
the Cultural Capital Fund Grant, in the amount of $400,000, to repair, restore,
and renovate the existing historic building;
B) an
Agreement between Palm Beach County and Boca Raton Museum of Art, Inc. for the
Cultural Capital Fund Grant, in the amount of $242,000, to renovate six (6)
restrooms and upgrade each with artistic tile;
C) an
Agreement between Palm Beach County and Busch Wildlife Sanctuary, Inc. for the
Cultural Capital Fund Grant, in the amount of $283,000, to construct a shell
for five (5) flight cages;
D)
an Agreement between
Palm Beach County and Cox Science Center and Aquarium, Inc. for the Cultural
Capital Fund Grant in the amount of $865,000, to upgrade the fire safety system;
E) an Agreement between Palm Beach County and Maltz Jupiter Theatre, Inc.
for the Cultural Capital Fund Grant, in the amount of $405,000, to construct a
black box theater;
F) an
Agreement between Palm Beach County and Raymond F. Kravis Center for the
Performing Arts, Inc. for the Cultural Capital Fund Grant, in the amount of
$300,000, to design and construct an outdoor performance venue;
G)
an Agreement between
Palm Beach County and Friends of Sandoway House Nature Center, Inc. for the
Cultural Capital Fund Grant, in the amount of $130,000, to renovate the
Sandoway Discovery Center entrance; and
H)
an Agreement between
Palm Beach County and Cultural Council of Palm Beach County, Inc. for
administration of Cultural Capital Fund Grants, in the amount of $25,000, to
monitor and evaluate the activities of
grant recipients for compliance with the grant program.
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL (cont’d.)
3. Summary: On July 12, 2022, the Board of County
Commissioners (BCC) designated $4,000,000 of ARPA Response Replacement funds
for Cultural activities. The Cultural
Council was designated to administer a grant process for $3,000,000 of the
$4,000,000 funding. These funds will be
expended between September 1, 2023 and December 31, 2026 to support cultural
infrastructure projects of various local non-profit cultural organizations. The
Agreement with the Cultural Council requires the Cultural Council to monitor
and evaluate the activities of each grantee for compliance with each grant
agreement. The Cultural Council Agreement is retroactive to September 1, 2023,
the date on which the Cultural Council began work to convene the grant panel to
review grantee applications. The grant agreements will fund capital improvements,
which will expand and improve resident and visitor experiences in Palm Beach
County. The total amount of the grant agreements and the
Cultural Council agreement is $2,650,000.
There is one additional agreement, which will be brought before the BCC for
capital improvements at Florida Atlantic University in the amount of
$350,000. This agreement remains in
contract negotiations and is anticipated to be brought to the BCC for approval
during a future Board meeting. The remaining $1,000,000 in project(s) will
be submitted to the BCC at a later date. These
are County ARPA Response Replacement funds that do not require a local match. Districts 1, 2, 3, & 4 (YBH)
EE. MEDICAL EXAMINER
1. Staff recommends
motion to approve: Contract for Consulting and Professional
Services with AXIS Forensic Toxicology, Inc. (AXIS) to provide forensic
toxicology testing for the period retroactive to January 1, 2024 through
December 31, 2026 in an amount not to exceed $1,200,000. Summary: The AXIS contract includes various drug detection panels that provide
statutorily required and necessary complex toxicology testing as economically
as possible. Each panel detects and quantifies a group of pre-determined drugs
on the submitted body fluids/tissues that are collected at the time of
examination. The group of drugs tested on each panel is determined by
the laboratory based on their analytical capabilities. Other tests requested
include carbon monoxide, volatiles (alcohols) and electrolyte testing. One or
more panels may be requested on a particular case by the Medical Examiner; the
requests are based on the information available through the Medicolegal death
investigation. The cost of the panels range from $84 to $472.50 per panel. AXIS
costs include the shipment to the laboratory, scheduled destruction of
specimens, and professional consultation with their staff toxicologists. If
return of some specimens to the Medical Examiner Office is necessary, it
requires an additional fee. The type of services provided in the contract are
exempt from the Purchasing Code. Countywide (SF)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
FF. INTERNAL AUDITOR
1. Staff recommends
motion to receive and file:
A) Audit report reviewed by the Audit Committee at its December 13, 2023
meeting as follows: Report #2024-01 Environmental Resources Management-Contract
Management (Audit Work Plan #2023-02); and
B) Audit Recommendation Follow-up Status Report as of November 15, 2023.
Summary: The County Code requires the County
Internal Auditor to submit copies of final audit reports to the Board of County
Commissioners and the Internal Audit Committee. The County Code also requires
the County Internal Auditor to issue semi-annual audit recommendation status
reports to the Board of County Commissioners and the Internal Audit Committee.
At its meeting on December 13, 2023 the Internal Audit Committee reviewed the
attached audit report and the semi-annual audit recommendation status report.
We are submitting these reports to the Board of County Commissioners as
required by the County Code. Countywide (DB)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
GG. OFFICE EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: Amendment No. 1 to Contract for
Consulting/Professional Services with the Legal Aid Society of Palm Beach
County, Inc. (R2023-0038) dated January 10, 2023 for the period January 1, 2024
through December 30, 2024 for the Wage Dispute Project which updates/adds
certain contract language and replaces certain exhibits. Summary: On January 10, 2023, the County and
the Legal Aid Society of Palm Beach County, Inc. (Legal Aid Society) entered
into a Contract (R2023-0038) for a three (3) year period, January 10, 2023
through December 31, 2025, for a total of $435,999 of which $145,333 is
budgeted in contract year 2024 with an anticipated annual allocation of
$145,333 in each subsequent contract year, contingent upon a budgetary
appropriation by the Board of County Commissioners. The contract covers the salary and benefits
of the staff attorney assigned to the Wage Dispute Project, and the support,
investigative, court processing services and other actual costs of the project.
In 2022, 130 individuals were provided service under the contract. For the current year, the number served to
date is 138 (from January 1, 2023 through October 31, 2023). Countywide
(DO)
2. Staff recommends
motion to approve: Contracts
for the Handicap Accessibility and Awareness Grant Program with the non-profit
agencies listed below, as of the date of approval of the contract by the Palm
Beach County Board of County Commissioners (BCC) through September 30, 2024, in
the amount not to exceed $11,750:
A) a
Contract with CareerSource Palm Beach County, to provide funding to purchase
assistive technology to increase access to their services to persons with
disabilities to find and obtain employment, in an amount not to exceed $6,500;
and
B) a Contract with Lighthouse
for the Blind of the Palm Beaches, to provide funding to present sensitivity
and public awareness programs to increase the public awareness as to the rights
and abilities of persons with disabilities, in an amount not to exceed $6,500.
Summary: On July 2, 2019, the BCC adopted Ordinance 2019-027 which
included a provision for the Fair Housing Board to review proposals and make
recommendations on the award of the programs budgeted grant funds. Through a
competitive application process, the Fair Housing Board reviewed responsive
proposals submitted by non-profit agencies in conformance with the ordinance
and established program guidelines to support the recommendation to fund the
agencies listed above. Funding for the program was approved in the FY 2024
budget. Countywide (JW)
JANUARY 23, 2024
3. CONSENT
AGENDA APPROVAL
HH. WATER RESOURCE TASK
FORCE
1. Staff recommends motion to approve: appointments
to the Water Resources Task Force (WRTF) for the remainder of a three (3) year
term ending September 30, 2024, approve one (1) new appointment; and reappoint four
(4) primary and two (2) alternate members with expired terms. The new appointments are as follows:
A) The League of Cities appointed for Seats 2 and 3 for
remainder of three (3) year term:
- Vice Mayor Joaquin Almazan of the City of Belle
Glade;
- Commissioner Reinaldo Diaz of the Town of Lake Worth
Beach;
B) Mr. Robert Shorr has applied to change from seat 2 to
vacant seat 13 to represent agricultural interests;
C) The four (4) primary seats requiring reappointment are
- Poonam
Kalkat (Seat 8 - Water/Wastewater Provider);
- Tommy
Strowd (Seat 9 – LWDD);
- Jay
Steinle (Seat 11 – SFWMD);
- Michael
Johnson (Seat 14 - ITID); and
D) The two (2) alternate seats requiring reappointment
are:
- Julie
Parham (Seat 8A - Water/Wastewater Provider); and
- Greg
Shafer (Seat 14A – ITID).
Summary:
The WRTF was established to identify and evaluate opportunities and
impediments to providing future water supply, conservation, wastewater
treatment and reuse or reclaimed water opportunities that are most efficient
and cost effective. The WRTF meets 4 to 6 times per year. The WRTF is comprised of a total of 28 representatives
(14 members and 14 designated alternates for each seat). The 14 seats are as
follows: six (6) City elected officials; one (1) County Commissioner (or their
appointee); one (1) water and/or wastewater provider or utility official; one
Lake Worth Drainage District representative; one drainage/ water control
district elected official; one (1) South Florida Water Management District
Governing Board member; one (1) environmental representative; one (1) land
owner in Palm Beach County actively farming that land to represent agricultural
interests; and one (1) Indian Trail Improvement District (ITID) representative.
The current terms for the League of Cities appointments are from October 1,
2021 through September 30, 2024. The
terms for the PBC BCC appointments are from October 1, 2022 through September
30, 2025. With the recent resignations
the diversity count of the 9 current WRTF members and 3 alternates is as
follows: 11 Caucasian (91.7%)
and 1 Asian American (8.3%). The gender ratio (female:male) is 6:6. Staff is
addressing the need to increase diversity within our Board and will continue to
encourage this to expand this Board’s diversity. Countywide (MJ)
* * * * * * * * * * * *
JANUARY 23, 2024
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring January 2024 as Mentoring Month. (District 7)
B) Proclamation
declaring January 25 – 26, 2024 as the 24-Hour Homeless Point-In-Time Count
Day. (District 4)
C) Certificate
of recognition presented to Dr. Annette M. Gilbert for her nearly 35 years of
service to the School District of Palm Beach County. (District 7)
D) Proclamation
recognizing the 75th Anniversary of Boca Raton Airport. (District 4)
E) Proclamation
declaring February 10 – March 4, 2024 as 8th Annual Judy Levis Krug
Boca Raton Jewish Film Festival Days. (District 5)
F) Proclamation declaring January 2024 as Florida Jewish History Month.
(District 6)
G) Proclamation
declaring January 27, 2024 as the Susan G. Komen More Than Pink Walk Day.
(District 5)
H) Proclamation
declaring January 2024 as Human Trafficking Prevention Month. (District 6)
I) Proclamation recognizing the 100th Anniversary of Jones
Foster. (District 3)
* * * * * * * * * * * *
JANUARY 23, 2024
5. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. PALM TRAN
1. Staff recommends
motion to:
A)
adopt a resolution of the
Board of County Commissioners (BCC), of Palm Beach County, Florida, authorizing
the signing and submission of the FFY2024_SFY2025 Section 5310 grant
application in the amount of $1,840,568 with a required local match of $204,508 for a total project cost of $2,045,076, and
the submission of supporting documents, and assurances to the Florida
Department of Transportation (FDOT);
B)
authorize the County
Administrator or Designee to sign and accept the resulting grant award letter
with terms consistent with the grant application and resolution authorizing the
grant application’s signing and submission;
C)
approve the purchase of
paratransit vehicles from the FDOT TRIPS Contract, pursuant to the terms and
conditions of the application and resulting Notice of Grant Award allotted
funds; and
D)
authorize the County
Administrator or Designee to submit the Order Form for the FDOT TRIPS Contract
to request purchase of the vehicles and expenditure of grant funds and local
match pursuant to the resulting Notice of Grant Award.
Summary: Palm Tran is submitting an application for the acquisition of
replacement paratransit vehicles at a total
cost of $2,045,076. The
vehicles being replaced were purchased in 2018 with Public Improvement Revenue
Bond funds and have reached the end of their useful life. The grant
requires a local match of $204,508
(10%). The required match is included
in Palm Tran’s FY 2024 budget. The
application amount will cover the estimated cost to replace eleven (11)
vehicles. The actual award amount will be determined by funds available under
Section 5310 after all applications have been reviewed by FDOT. The grant requires broader indemnification by
the County than that approved by PPM CW-F-049. The grant requires
the County and its officers, agents, or employees to indemnify, defend, and
hold harmless FDOT and all of its officers, agents, and employees from any
claim, loss, damage, cost, charge, or expense arising out of the County’s
non-compliance or performance of this agreement. The indemnification obligation
must also be passed on to contractors and/or consultants. 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)
* * * * * * * * * * * *
JANUARY 23, 2024
6. REGULAR AGENDA
A. AIRPORTS
1. Staff recommends
motion to approve:
A) Amendment No. 2 to the General Consulting
Agreement with AECOM Technical Services, Inc. (AECOM) for
Consulting/Professional Services (Consulting Agreement) in the amount of
$1,897,269.66 for the continued performance of professional planning and design
services related to the approved Palm Beach County Department of Airports
Capital Improvement Program; and
B) a Budget Transfer in the amount of
$1,357,023 in the Airport’s Improvement and Development Fund to provide budget
for Amendment No. 2; including a transfer from Reserves in the amount of
$1,357,023.
Summary: The Consulting Agreement with
AECOM for general engineering consultant services was approved by the Board on
July 11, 2023 (R2023-0980) in the amount of $2,126,629.78 to carry out the
approved Capital Improvement Program for the County’s Airport System. Amendment No. 1 was approved by the Board on
November 7, 2023 (R2023-1654) increasing the Consulting Agreement by
$1,396,545.04. Approval of Amendment No. 2 will provide an additional
$1,897,269.66 to complete the following tasks: Task I Services – Design Palm
Beach International Airport (PBI) Holding Apron at Taxiway A and C; Design PBI
Taxiway M, M1, and M2 Reconstruction; PBI Stormwater Master Plan Update;
Additional Services for PBI Garage Improvements; Design Palm Beach County Park
Airport (LNA) Rotating Beacon Replacement; Disadvantaged Business Enterprise
Outreach Services; and Task III Services. Work to be completed under Task III
Services will be issued per the level of authority contained in PPM CW-F-050 by
way of a separate proposal or task authorization. AECOM is a Dallas, Texas based firm; however,
the majority of the work will be completed through its West Palm Beach and
Tampa, Florida offices. A Disadvantaged Business Enterprise (DBE) goal of 20.9%
was established for this Consulting Agreement. AECOM committed to 16.04% DBE
participation for this Amendment No. 2. The total DBE participation for the
Consulting Agreement to date is 23.57%.
Pursuant to changes to Chapter 332, Florida Statutes, effective July 1,
2023, a governing body of a medium hub commercial service airport may not
approve purchases of contractual services in excess of $1,000,000 on a consent
agenda. This Amendment No. 2 exceeds the
threshold amount and must be approved on the regular agenda. Countywide (AH)
JANUARY 23, 2024
6. REGULAR
AGENDA
A. AIRPORTS
2. Staff recommends
motion to approve:
A) The renewal of a Term Contract for
Maintenance of Airport Facilities and Systems (Contract) with ERMC Aviation LLC
(ERMC) for an amount not to exceed $1,188,815.40 providing for improvements to
the passenger boarding bridges (PBB) and purchase of a mobile loading bridge
for use at Palm Beach International Airport (PBI), per Master Agreement
#21-070/CC, commencing on February 6, 2024, and expiring on December 5, 2024,
with the option to renew for two additional 12-month periods; and
B) a Budget Transfer in the amount of $476,842 in the Airport’s Improvement
and Development Fund to provide budget for the improvements, including a
transfer from Reserves in the amount of $476,842. The improvements are
partially funded under the current year’s budget.
Summary: The
Contract provides for the maintenance, repair, and improvement of PBBs, 400
Hertz ground power, cabin air systems, and facility systems at PBI. The
Contract expires on February 5, 2024, with the option to renew for two
additional 12-month periods. ERMC
Aviation LLC is located in Atlanta, Georgia.
The PBBs, ancillary equipment, and facilities are critical to on-going
airport operations and require specialized technical knowledge for their
maintenance, repair and improvement. Following Board approval of the Contract,
the Purchasing Department will issue an award notice to ERMC for the renewal
term. The total not-to-exceed amount for the renewal term is
$1,188,815.40. Improvements include the
replacement of boarding bridge canopies and potable water cabinets and the purchase
of a mobile PBB for Concourse A for use during the next phase of the Concourse
B construction. Airlines utilizing the
PBBs at PBI pay for the full cost of the equipment through rates and charges
established annually in accordance with the Signatory Airline Agreement
(R-2019-1155). The Office of Equal Business Opportunity issued a waiver of
Affirmative Procurement Initiatives (API) on July 14, 2021 due to the lack of
availability of qualified Small/Minority/Women Owned Business Enterprises
providing services required by this Contract. Pursuant to changes to Chapter
332, Florida Statutes, effective as of July 1, 2023, a governing body of a
medium hub commercial service airport may not approve purchases of contractual
services in excess of $1,000,000 provided in Section 287.017, Florida Statutes,
on a consent agenda. This Contract exceeds the threshold amount and must be
approved on the regular agenda. Countywide
(AH)
JANUARY 23, 2024
6. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve:
A) Contract with 34ED, LLC d/b/a Centegix
(“Centegix”) for the installation, implementation and maintenance of an
emergency notification system (“ENS”) at various County buildings on an as needed
basis for a period of 1 year with 3 optional renewals of 3 years each (the
“Contract”); work will be requested through individual consultant service
authorizations (“CSAs”);
B) CSA No. 1 under the Contract with Centegix
for the installation, implementation and maintenance of an ENS at the Vista
Center building (2300 N. Jog Road) in the amount of $66,900; and
C) CSA No. 2 under the Contract with Centegix
for the installation, implementation and maintenance of an ENS at the
Governmental Center building (301 N. Olive Ave.) in the amount of $77,400.
Summary: The Contract with Centegix provides for the installation, implementation
and maintenance of an emergency notification system (“ENS”) at various County
buildings on an as needed basis; work will be requested through individual
consultant service authorizations (“CSAs”). The initial term of the contract is
for 1 year with the option of three renewals of 3 years each. The Contract
provides for a pilot program at two County buildings for up to a year. If the
pilot program is successful the County may implement the system at additional
County buildings as funding allows. If the one year pilot is not successful,
the Contract provides that the County may extend the testing period or
terminate the Contract with Centegix and select an alternate ENS from one of
the other proposals it received. The two buildings selected for the pilot
program are the Vista Center and the Governmental Center. CSA No. 1 provides
for the installation, implementation and maintenance of the Centegix ENS at the
Vista Center for the lump sum amount of $66,900. CSA No. 2 provides for the
installation, implementation and maintenance of the Centegix ENS at the
Governmental Center for the lump sum amount of $77,400. Facilities Development
and Operations (FDO) advertised the solicitation for an ENS on October 17,
2022. FDO received five proposals in response to the competitive solicitation.
The final selection committee met on March 31, 2023, and recommended award to
Centegix. An unsuccessful proposer protested the award recommendation, which
protest the Purchasing Director denied. The unsuccessful proposer then
requested a special master hearing which was held on July 28, 2023. The Special
Master also denied the protest and recommended contract award to Centegix. The
County’s Office of Equal Business Opportunity (EBO) granted a waiver of EBO
program requirements for this Contract based on a determination that sufficient
qualified Small, Minority, Women Business Enterprises were unavailable to
provide these services. Funding for this project is from the General Fund. (FDO) Countywide (MWJ)
JANUARY 23, 2024
6. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
2. Staff recommends
motion to:
A)
adopt a Resolution authorizing the conveyance of the County’s interest lying
within a 3-foot-wide strip of land located north of the Blue Heron Bridge to
the State of Florida Department of Transportation pursuant to Section 125.38,
Florida Statutes, at no cost and without reservation of mineral and petroleum
rights; and
B) approve a County Deed in
favor of State of Florida Department of
Transportation.
Summary: In
November 1972, the County and the Florida Department of Transportation (FDOT)
jointly acquired interest within a 3-foot-wide bulkhead area lying under the
Blue Heron Bridge and adjacent to the Lake Worth Lagoon (Bulkhead Parcel)
pursuant to an Order of Taking recorded in ORB 2081, Page 63 of the Public Records
of Palm Beach County, Florida.
Maintenance responsibilities of the Bulkhead Parcel have always been
provided by FDOT. The Bulkhead Parcel is not needed for County purposes. As such, the County’s Engineering and Public
Works Department concurs with the conveyance.
The Bulkhead Parcel is being conveyed to FDOT pursuant to Section
125.38, Florida Statutes, at no cost and without reservation of mineral and
petroleum rights. There are no closing
costs associated with this conveyance. This conveyance must be approved by a
Supermajority Vote (5 Commissioners). (Property & Real Estate
Management) District 7 (HJF)
JANUARY 23, 2024
6. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
3. Staff recommends
motion to approve: Amendment No. 2 to the Construction Manager (CM) at
Risk Services contract (R2021-0750) with Kaufman Lynn Construction, Inc. (CM),
establishing a Guaranteed Maximum Price (GMP) in the amount of $8,978,522 for
the Lake Lytal Aquatic Complex-Phase 2 Site Development project for a period of
365 calendar days from notice to proceed.
Summary: On June 8,
2021, the Board of County Commissioners (Board) approved the CM at Risk
Services contract (R2021-0750) with the Construction Manager for the Lake Lytal
Aquatic Complex project. The Lake Lytal Aquatic Complex project includes the
construction of a new aquatic complex which will be located on county-owned park land in the western portion
of Lake Lytal Park. The new aquatic complex features being considered through
the design process include: a main entrance/ticketing building,
concession/party room building, 70-meter pool, 25-yard teaching pool, family
play area, locker/restrooms building, an active water feature area, parking
areas and all associated infrastructure to support the project requirements.
Amendment No. 2 establishes a GMP in the amount of $8,978,522 for the
construction management services necessary for the Phase 2 Site Development of
the Lake Lytal Aquatic Complex project. The Phase 2 Site Development includes,
but is not limited to, the demolition of the existing site/civil infrastructure
and landscaping and installation of new site/civil infrastructure in
preparation for the final phase of the project (i.e., Phase 3) which is the
construction of the Aquatic Complex. Implementation of Phase 2 is required to
allow for development of the YMCA facility to be constructed on site as per the
terms of Lease Agreement R2021-0147. The Construction Manager will have 365
calendar days from notice to proceed to substantially complete Phase 2.
Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $210
per day. The approved budget for the Lake Lytal Aquatic Complex is
$12,152,500. Implementation of Phase 1
(currently underway) and Phase 2 will essentially deplete the available funds.
Construction drawings for Phase 3 are yet to be developed but current estimates
based on 100% design development drawings dictate the need for a revised
project budget of $30.5M. During its workshop meeting on November 28, 2023, the
Board directed staff to bring at a later time an item addressing a proposed
funding plan for the budget shortfall identified in the implementation of the
County’s capital improvements program. Said
funding plan will be presented to this Board during its January 30, 2024
workshop meeting.
JANUARY 23, 2024
6. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
3. SUMMARY
(cont’d.): The solicitation for the CM at Risk Services contract was advertised on
April 8, 2018 according to the prior Small Business Enterprise (SBE) Ordinance
in place at the time. This GMP is under the Equal Business Opportunity (EBO)
Ordinance. On August 16, 2023, the Goal Setting Committee (GSC) established an
Affirmative Procurement Initiative (API) of an SBE subcontracting goal of 20%
participation, of which 5% must be African American and/or Hispanic American.
SBE participation on the construction trade contracts for this GMP is 27.63%,
of which 26.10% is African American and/or Hispanic American. In accordance
with Attachment 3 of Policy and Procedure Memorandum (PPM) CW-O-043, the GSC
applies the APIs applicable to the construction phase of the contract (i.e. the
subcontracts) before subcontractor bidding so that the SBE participation for
the GMP is based on the subcontracting trades associated with the GMP and does
not include the CM’s fees. SBE participation on the contract to date is 35.72%.
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
construction management services. The CM has an office located in Palm Beach County.
Funding for this project is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 3 (MWJ)
JANUARY 23, 2024
6. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to approve:
Community Development Block Grant Coronavirus (CDBG-CV) allocation of $452,000
to the Facilities Development and Operations Department (FDO) for the
rehabilitation of the Senator Philip D. Lewis Homeless Resource Center. SUMMARY:
FDO will undertake rehabilitation of the Senator Philip D. Lewis Homeless
Resource Center complex located at 1000 45th Street, West Palm Beach
for the Community Services Department (CSD). The rehabilitation will result in
a medical respite facility providing six (6) beds for medical care for people
experiencing homelessness or HIV/AIDS who are too ill or frail to recover
independently from a physical illness or injury, but not ill enough to be in a
hospital. The total cost of the project is $1,451,828. On March 14, 2023
(R2023-0273), the Board of County Commissioners ratified a successful
application from CSD to the U.S. Department of Housing and Urban Development
(HUD) FY2022 Community Project Funding/Congressional Directed Spending
(Representative Lois Frankel) that resulted in a $1,000,000 award for the
project. The CDBG-CV allocation will provide the balance of funding needed to
allow FDO to move forward with the rehabilitation. These are Federal
CDBG-CV grant funds that do not require a local match. Countywide (HJF)
JANUARY 23, 2024
6. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to:
A)
approve Community
Development Block Grant Coronavirus (CDBG-CV) funding of up to $1,611,797 to Harper
Court Housing LLC;
B) direct
staff to negotiate the funding agreement; and
C)
authorize the County
Administrator, or designee, to execute the funding 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 funding
award.
SUMMARY: Harper
Court Housing LLC, an endeavor of New Urban Development LLC (an affiliate of
the Urban League of Greater Miami, Inc.) will acquire and rehabilitate a vacant
motel located at 308 N. Main Street, Belle Glade. The property will be
converted into 18 studio apartments for low-income renters, including those at
risk of homelessness or experiencing housing instability. Staff recommends a
CDBG-CV loan of $1,611,797 to fund the cost of acquisition and partially fund
the cost of rehabilitation. Total development cost of the project is $2,249,000.
The County funding contribution
equates to $89,544 per affordable housing unit.
The County loan will be in first lien position. All housing units will
be restricted for affordable rental to tenants with incomes no greater than 80%
of Area Median Income for no less than 50 years. The funding agreement and
related documents pursuant to these County funds will be between the County and
Harper Court Housing LLC or its respective successors and/or assigns. To
facilitate project implementation, staff requests authorization for the County
Administrator, or designee, to execute the funding agreement and related
documents. These are federal CDBG-CV
grant funds that do not require a local match. District 6 (HJF)
JANUARY 23, 2024
6. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
3. Staff recommends
motion to adopt: a Resolution endorsing and supporting the
“HOUSING FOR ALL” Palm Beach County’s Housing Action Plan (Plan) prepared by
the Housing Leadership Council of Palm Beach County (HLC). SUMMARY: The HLC is a non-for-profit
organization founded in 2006 by community and business leaders to address
workforce/affordable housing issues. The
HLC led a Countywide effort to study the housing crisis in Palm Beach County
and to develop a Plan to serve as a blueprint to achieve a significant increase
in workforce and affordable housing. The goal of the HLC’s Plan is to produce,
rehabilitate and preserve 20,000 units of workforce and affordable housing by
2032. The Plan focuses on four areas of opportunity: Funding &
Financing, Planning & Regulatory Reform, Neighborhood Revitalization &
Community Development, and Racial Equity.
County Departments including the Housing & Economic Development,
Planning Zoning & Building, Community Services and Office of Community
Revitalization worked with the HLC to provide comments and analysis. On April
25, 2023, HLC presented a draft of the Plan to the Board of County
Commissioners (BCC). The BCC requested continued review of the Plan. The Plan is now in its final form and staff
has reviewed and commented on each action item. Staff comments, which are
incorporated in the document, consider whether the County has implemented the
action, the action is under review, additional discussion is needed with the
BCC or the action is not applicable to the BCC. Countywide (HJF)
JANUARY 23, 2024
6. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT (cont’d.)
4. Staff requests
Board direction:
regarding authorization of a voter referendum for the Economic Development Ad
Valorem Tax Exemption Program. SUMMARY: The Economic Development Ad
Valorem Tax Exemption (AVTE) program is a local economic development tool
enabled under Section 3, Art. VII, of the State Constitution (§196.1995, Florida Statutes), that
empowers any county or municipality to grant community and economic development
ad valorem tax exemptions to new businesses or expansions of existing
businesses. Exemptions may be granted only by ordinance following authorization
by the electors of a county or municipality. The County’s authority to grant
exemptions expires after 10-years unless renewed for another 10-year period by
referendum and adopting Ordinance. Established in 1994, the PBC AVTE program
has twice been reauthorized by voter referendum for 10-year periods in 2004 and
2014, and will sunset on August 31, 2024, unless renewed. All ad valorem tax
exemptions are contingent upon proof that the applicant is a new business or an
expansion of an existing business as defined in FS. §196.012, approval by the
Board of County Commissioners on a case-by-case basis, and the Palm Beach
County Property Appraiser’s determination of the property improvements, with
exemptions limited to improvements to real property and/or tangible personal
property not already on the tax rolls. From 2013 to 2023, the County provided
$6,250,000 million dollars in AVTE to 6 businesses. In addition to the AVTE
program, Palm Beach County has also contributed cash incentives totaling
$3,948,100. Combined incentive amounts for these companies during this period
from various sources including municipalities, the County and state totaled
$35,912,600. Those investments have resulted in 2,246 jobs retained, 2,800 jobs
created and a capital investment of $428,190,000. This influx of capital has
resulted in a total estimated 5-year economic impact of $5,721,193,876. Eligible businesses must have a positive
economic impact on the County’s economy, including creating and maintaining a
minimum of ten new full-time jobs, increasing the County’s tax base, and
strengthening and diversifying the local economy. Staff is recommending that if the program is
approved by the Board of County Commissioners and subsequently by the voters,
that the program criteria provide a preference for businesses locating or
expanding in low-income census tracts where a majority of households have a
median income of 80% or less or a poverty rate of 20% or higher. Countywide
(DB)
* * *
* * * * * * * *
JANUARY 23, 2024
A. ADMINISTRATION
1. Staff recommends
motion to approve: the appointment of one (1) member to the
Health Care District of Palm Beach County Board of Commissioners for a two (2)
year term beginning January 23, 2024 and ending September 30, 2025, to complete
the unexpired term of Erica Whitfield who resigned from seat 1:
John McGovern Elected
Official, Commissioner
Weiss
Councilman
Village of
Wellington
Or
Shalonda Warren Elected
Official, Commissioner
Barnett
City of
West Palm Beach Commissioner
Woodward
Commissioner Commissioner
Bernard
Or
Cathleen Ward Elected
Official, Commissioner
Baxter
City of West
Palm Beach
Commissioner
JANUARY 23, 2024
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(cont’d.)
1. Summary: The Health Care District of Palm Beach
County was created to provide a source of funding for indigent and medically
needy residents of Palm Beach County and to maximize the health and well-being
of residents by providing comprehensive planning, funding and coordination of
health care service delivery. Per
Chapter 2003-326, Laws of Florida, the Health Care District of Palm Beach
County Board of Commissioners is comprised of seven (7) members. The appointing
authority shall consider the diverse geographic areas of Palm Beach County in
selecting individuals to serve on the Board of Commissioners, and at least one
person, but not more than two shall reside in the Glades Area. The Governor shall appoint three members; the
Board of County Commissioners shall appoint three members, one of which must be
an elected official at the time of appointment; and one member shall be the
Director of the Palm Beach County Health Department. Members may serve two, four-year terms. Currently, due to a resignation, there exists
a vacancy for seat 1. The main
requirement for this seat is that the individual must be an elected
official. A memo dated November
28, 2023 was circulated to the Board of County Commissioners requesting support
for the applications of Mr. McGovern (Caucasian male) and Ms. Warren
(African-American female), or requesting additional nominations. An additional nomination for Ms. Ward
(Caucasian female) was received from District 6 Commissioner Baxter. The diversity of the Health Care District of
Palm Beach County Board of Commissioners consists of: Caucasian: 3 (42.86%),
African-American: 1 (14.29%), Hispanic-American: 1 (14.29%), Other: 1 (14.29%).
The gender ratio (female:male) is 3:3. Countywide (HH)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 23, 2024
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 ongoing basis. Countywide
(DC)
B. COUNTY ATTORNEY
JANUARY 23, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Requesting off-site approval for Proclamation recognizing the Ann Norton
Sculpture Gardens for Inspiring the Conservation of Local Biodiversity.
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
JANUARY 23, 2024
10. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JANUARY 23, 2024
11. 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."