March 5, 2024
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 05, 2024
PAGE ITEM
57 4L *DELETED - Recognizing Tarra Enterprises moved to
5/7/24 (District 4)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
* * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 5, 2024
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 10 - 56)
4. SPECIAL
PRESENTATIONS (Page 57)
5. REGULAR
AGENDA (Page 58 - 60)
6. BOARD
APPOINTMENTS (Page 61)
7. STAFF
COMMENTS (Page 62)
8. BCC
COMMENTS (Page 63)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
64)
10. ADJOURNMENT (Page 65)
* * * * * * * * * * *
MARCH 5, 2024
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Ratify
appointment of members to the Treasure Coast Regional Planning Council.
B. CLERK & COMPTROLLER
Page 11
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 12
3C-1 Drainage
Improvements/Repairs and Minor Construction Contract with Johnson-Davis and
with Hinterland Group Inc.
3C-2 Lighting
agreements with FP&L for various locations within Palm Beach County.
Page 13
3C-3 Adopt-A-Road
Agreements with various parties.
3C-4 Work Order with Purdy Lane to mill and
resurface from E-3 Canal to Kirk Road with Ranger Construction Industries, Inc.
D. COUNTY ATTORNEY
Page 14
3D-1 Settlement
Agreement with Karen Sue Cramer.
3D-2 Settlement
Agreement with Brandon Johnson.
E. COMMUNITY SERVICES
Page 15
3E-1 Amendment
No. 2 to the Homeless Resource Center Contract for provision of services with
Gulfstream Goodwill Industries, Inc. to increase funding.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 16
3F-1 Amendment No. 1 to the Public Transportation
Grant Agreement with FDOT for the development of aircraft storage hangers and
associated infrastructure, and a Budget Amendment.
Page 17
3F-2 Public Transportation Grant Agreement with
FDOT for the design and construction of a holding apron between Taxiways A and
C at PBI, and a Budget Amendment.
Page 18
3F-3 Public Transportation Grant Agreement with
FDOT for the rehabilitation and repair of Runway 9R/27L at North Palm Beach
County General Aviation Airport, and a Budget Amendment.
3F-4 Change Order No. 2 with All Florida
Contracting Services, LLC for the Fuel Farm Emergency Generator Project.
Page 19
3F-5 Amendment No. 4 with HDR Engineering, Inc.
for consulting/professional services for planning and design services related
to PBI Capital Improvement Program, and a Budget Transfer.
Page 20
3F-6 Amendment No. 2 with HDR Engineering, Inc.
for consulting/professional services for continued performance services related
to the Central Airfield Improvements at PBI, and a Budget Transfer.
Page 21
3F-7 Change Order No. 2 with Ranger Construction
Industries, Inc. for an increase and time extension for Central Airfield
Improvements at PBI, and a Budget Transfer.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Financial
Statements for Fiscal Year from the Town of Lake Park Community Redevelopment
Agency.
3G-2 Village
of Palm Springs Community Redevelopment Agency’s Adopted Annual Budget.
3G-3 Quarter
Ending 12/31/23 information from Children’s Services Council of Palm Beach
County.
3G-4 Settlement offer for the full satisfaction of
code enforcement lien against Austin P. and Norma A. Wiggan.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 23
3G-5 Settlement
offer for the full satisfaction of two code enforcement liens against Dylan J.
and Elexa Harrison.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 23
3H-1 Utility
Easement Agreement with FP&L for underground electrical service in Carlin
Park.
Page 24
3H-2 Increase
the maximum cumulative value for the sole source annual contract with Big
Cypress Tiki Huts, Inc. for the repair and replacement of Chickee Huts.
Page 25
3H-3 Zero-dollar
Change Order No. 4 with Robling Architecture Construction, Inc. for increase in
time and decrease of amount.
Page 26 - 27
3H-4 Zero-dollar
Change Order No. 2 and Change Order No.
15 with Kast Construction Company LLC for decrease in the amount on the
Supervisor of Election facility.
Page 28
3H-5 Zero-dollar
Change Order No. 4 with Lebolo Construction Management, Inc. for the Lantana/Lake
Worth Health Center-Customer Service Counter project to increase the amount and
decrease the duration.
Page 29
3H-6 Annual
contract with MBCS Company, L.L.C. for flooring services on an as-needed basis.
Page 30
3H-7 Annual
contract with NYC Development & Construction Group Inc. and T&G
Corporation for general minor construction services on an as-needed basis.
Page 31
3H-8 Roger
Dean Chevrolet Stadium Renovation Project development period report No. 4.
Page 32 - 33
3H-9 Assignment
of the annual Heating, Ventilation and Air Conditioning contract with Precision
Air Systems, Inc., and a Work Order for the Jupiter Library-Chiller Replacement
project.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 34
3H-10 First
Amendment with Bethesda Hospital, Inc. to extend the term of the agreement for
interoperable communications through the countywide emergency medical services.
3H-11 Agreement
with Box Studio, LLC to host The Origami in the Garden Exhibition at Mounts
Botanical Gardens.
Page 35
3H-12 Agreement
with City of Delray Beach for the Use of County-Owned Property for event
parking at the South County Courthouse Parking Garage.
3H-13 CSA
No. 3 with Colome & Associates, Inc. for the Medical Respite and Lewis
Center Buildout project.
Page 36
3H-14 CSA
No. 5 with Williamson Dacar Associates Inc. for the Palm Tran Bus Stop
Improvements project.
Page 37
3H-15 Installation of plaque in remembrance of Noah Klein at West Boynton
Park.
J. PLANNING, ZONING & BUILDING
Page 38
3J-1 Hazard
Mitigation Grant extension with FDEM for a modified extension, and a Master
Research Agreement with FAU for a modified extension.
K. WATER UTILITIES
Page 39
3K-1 2024
Pipeline Wet Tap and Line Stops Continuing Construction Contract with Rangeline
Tapping Services, Inc.
Page 40
3K-2 Work
Order No. 5 with Johnson-Davis Incorporated for the Force Main Replacement at
FL Turnpike North of West Palm Beach Service Plaza.
Page 41
3K-3 Resolution
supporting the Continued Operation of the Solid Waste Authority of Palm Beach
County’s Biosolids Processing Facility.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 42
3L-1 FDEP
Office of Greenways and Trails Application for Designation of Public Lands or
Waterways for approval, and authorize delegated authority to County
Administrator or designee.
Q. CRIMINAL JUSTICE COMMISSION
Page 43 - 44
3Q-1 Certificate
of Participation on the annual FDLE Edward Byrne Memorial Justice Assistance
Grant; three (3) grant applications for the FDLE JAG program, and authorize
delegation to County Administrator and/or designee.
Page 44
3Q-2 Third
Amendment with Southeast Florida Behavioral Health Network, Inc. to extend the
term and increase the amount.
Page 45
3Q-3 Board
appointment for the Criminal Justice Commission.
S. FIRE RESCUE
Page 45
3S-1 Municipal
Ordinance of the Town of Jupiter providing the Town’s annual consent to
continue its participation in the Jupiter Municipal Services Taxing Unit.
Page 46
3S-2 Letter
terminating the Agreement Relating to Clinical Field Experience with HCI
College LLC.
X. PUBLIC SAFETY
Page 46
3X-1 Agreement
with FSU to collaborate as partners for the placement of social work student
interns.
Page 47
3X-2 Amendment
No. 1 with DOH to expand the qualifications of the Forensic Nurse Manager
position.
Page 48
3X-3 Board
appointments of two (2) to the Emergency Medical Services Advisory Council.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
CC. CAREERSOURCE
Page 49
3CC-1 Board appointment of one to the CareerSource
Palm Beach County, Inc. Board of Directors.
DD. SHERIFF
Page 50
3DD-1 Subgrant Agreement from the State of Florida
Department of Transportation for Speed and Aggressive Driving Strategy project,
and a Budget Amendment.
3DD-2 Grant Award for the Coach Aaron Feis Guardian
Program from FDOE, and a Budget Amendment.
Page 51
3DD-3 Financial Assistance Agreement with FDLE for
Fentanyl Eradication in the Florida program, and a Budget Amendment.
Page 52
3DD-4 Amendment #2 with University of North Florida
Training and Services Institute, Inc. to provide supplemental funding for the
High Visibility Enforcement project, and a Budget Amendment.
Page 53
3DD-5 First Amendment with the City of Boynton Beach
to provide supplemental funding for Fentanyl Eradication in the Florida
program, and a Budget Amendment.
EE. WATER RESOURCES
Page 53
3EE-1 Amendment No. 1 with FDEP to change the project
title and update several attachments.
FF. TOURIST DEVELOPMENT COUNCIL
Page 54
3FF-1 Category G Grant Agreement with The Maureen
Connolly Brinker Tennis Foundation, Inc. for the promotion of the Little Mo
Internationals in Florida.
3FF-2 Two (2) Category G Grant Agreements with Youth
National Championship, LLC and Palm Beaches Marathon, LLC.
Page 55
3FF-3 Cultural Capital Fund Grant Agreement with FAU
to construct improvements to the recital and lecture hall on the Boca Raton
campus.
MARCH 5, 2024
TABLE OF CONTENTS
CONSENT AGENDA
GG. OFFICE OF RESILIENCE
Page 56
3GG-1 Indemnification agreement with PACE
Equity as an Administrator of Florida Resiliency and
Energy District.
HH. OFFICE OF EQUAL OPPORTUNITY
Page 56
3HH-1 Award Contract with EEOC as payment for
processing and resolving employment discrimination complaints, and a Budget
Amendment.
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 57
4A Carey Haughwout Day
4B International Grant Professionals Day
4C Ethics Awareness Month
4D 40th Anniversary of Education
Foundation
4E Irish American Month
4F Government Finance Professionals Week
4G Let’s Move
4H Frank DeMario for 25 Years at PBSO
4I Literacy
AmeriCorps Week
4J Recognizing Alexandria Ayala and Susy
Diaz
4K National Women and Girls HIV/AIDS
Awareness Day
4L Tarra Enterprises Inc.
for 40 Years Commitment to Palm Beach County
4M Women’s History Month
MARCH 5, 2024
TABLE OF CONTENTS
REGULAR AGENDA
A. COUNTY ATTORNEY
Page 58
5A-1 Resolution to initiate the conflict
resolution procedures over the Village of Wellington’s involuntary annexation.
B. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 59
3L-1 Coral
Cove Emergency Dune Restoration with Eastman Aggregate Enterprises, LLC to
provide dune restoration services.
Page 60
3L-2 Amendment
No. 1 to the Singer Island Emergency Dune Restoration Contract due to severe
weather conditions made original construction access site inaccessible.
BOARD
APPOINTMENTS (Page 61)
STAFF
COMMENTS (Page 62)
BCC COMMENTS (Page 63)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 64)
ADJOURNMENT (Page 65)
MARCH 5, 2024
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 March 5, 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
Yvette Drucker, Councilmember 6 City of Boca Raton
Christopher McVoy, Vice Mayor 7 City
of Lake Worth Beach
Chelsea Reed, Mayor 8 City of Palm Beach Gardens
Alternate
appointments:
Greg Langowski, Vice Mayor
4A City of Westlake
Joseph Peduzzi, Commissioner
5A City of West Palm
Beach
Judith Thomas, Commissioner
7A Town of Lake Park
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 is currently one
(1) alternate seat that is vacant. Countywide (DL)
MARCH 5, 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
January
23, 2024 Regular
January
25, 2024 Zoning
January
31, 2024 Comp Plan
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 January 2024. Countywide
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a
Drainage Improvements/Repairs and Minor Construction Continuing Services
Contract with Johnson-Davis Incorporated (JDI) in an amount not to exceed
$12,000,000 to be in effect for 18 months from the date of approval by the
Board of County Commissioners (BCC), with an option to renew for a total of 36
months; and
B) a
Drainage Improvements/Repairs and Minor Construction Continuing Services
Contract with Hinterland Group Inc. (HGI) in an amount not to exceed
$12,000,000 to be in effect for 18 months from the date of approval by the BCC,
with an option to renew for a total of 36 months.
SUMMARY: Approval of these contracts will authorize
the services necessary to facilitate drainage improvements, repairs and minor
construction on an as needed basis throughout Palm Beach County (County). On August 16, 2023, the Goal Setting
Committee applied an Affirmative Procurement Initiative of a 15% minimum mandatory Small Business
Enterprise (SBE) participation. JDI agreed to 15.1% SBE participation.
HGI agreed to 19.06% SBE participation. Bids for the contract were received by
the Engineering & Public Works Department (EPW) on October 10, 2023. JDI and HGI were the only responsive bidders.
JDI and HGI each have an office located
in the County. The above contract amounts are based upon the estimated
amount to be expended for drainage improvements, repairs and minor construction
projects throughout the County over an 18 month period. Countywide (YBH)
2. Staff recommends
motion to receive and file: nine (9) fully executed lighting agreements with Florida Power &
Light Company (FP&L) for various locations within Palm Beach County. 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. These agreements were executed by the County
Engineer, as reflected in Attachment 1. FP&L agreements are based on the
type of street lighting fixture and/or pole is being installed and/or
removed. “Street Lighting Agreements” are utilized for installation and/or
removal of High Pressure Sodium street lights and poles. “Premium Lighting
Agreements” are utilized for the installation and/or removal of Light-emitting
Diode (LED) street lights and poles submitted to FP&L prior to December 31,
2021. “LED Lighting Agreements” or “Lighting Agreements” (new name in effect as
of January 1, 2022) are utilized for the installation and/or removal of LED
street lights and poles submitted to FP&L after December 31, 2021. Countywide
(YBH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to receive and file: three (3) fully executed Adopt-A-Road Agreements with various parties
(Group). 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.
These agreements were executed by the County Engineer in 2023, as reflected in
Attachment 1. The Adopt-A-Road Program allows a Group to perform litter removal
along Palm Beach County (County) maintained road rights-of-way. Each Group is
expected to conduct litter removal activities at least four times a year. The
County provides recognition signs for each Group at the beginning and end of
the adopted road segment, and picks up the litter bags. Each 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. Countywide (YBH)
4. Staff recommends
motion to approve: Work
Order 2021050-73 in the amount of $295,000 to mill and resurface Purdy Lane
from the E-3 Canal to Kirk Road utilizing Palm Beach County’s (County) annual
asphalt milling and resurfacing contract R2021-0984 (Contract) with Ranger
Construction Industries, Inc. (Ranger). SUMMARY:
Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for
staff approvals of work orders to annual contracts, thus requiring approval
from the Board of County Commissioners (BCC).
Approval of this work order will allow the contractual services
necessary to mill and resurface approximately 1.5 miles of Purdy Lane’s two
lanes. This Contract is one of three contracts with an available cumulative
total of $50 million for the annual asphalt milling and resurfacing
program. Prior to this meeting date,
approximately $24 million of the $50 million Ranger Contract that was approved
on August 17, 2021, by the BCC, has been spent or encumbered. 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 13.42% SBE participation for this work order. Their cumulative SBE
participation, including this work order is 13%. This project is funded by the infrastructure sales tax. District 3 (YBH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $65,000 in the personal
injury action styled Karen Sue Cramer v. Palm Beach County, Case No. 502019CA011971XXXXMBAG. Summary:
This is a personal injury lawsuit arising from a trip and fall accident that occurred on Westgate Avenue in West
Palm Beach. On August 24, 2016, the then-57-year-old Plaintiff, Karen Sue
Cramer, was walking near 3863 Westgate Avenue to work around 6:15 A.M. It was not daylight and she had never walked
in this location before. Plaintiff tripped and fell on the uneven sidewalk,
falling hard to the ground. This accident resulted in personal injuries to Ms.
Cramer and medical bills of approximately $74,584. Countywide (AMP)
2. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $190,000 in the personal
injury action styled Brandon Johnson v. Palm Beach County, Case No.
502020CA013409XXXXMBAE. Summary: This is a personal injury
lawsuit for damages arising from an automobile accident at 405 Pike Road, near
Palm Beach County Fire Rescue headquarters, in West Palm Beach. Plaintiff,
Brandon Johnson was the driver of the vehicle heading southbound, when he was
struck from the side by a county vehicle moving onto Pike Road. This incident
resulted in severe permanent injuries to Plaintiff. Palm Beach County has
entered into an agreement to settle the lawsuit with Plaintiff in the total
amount of $190,000, inclusive of attorney’s fees and costs, subject to the Board
of County Commissioner’s approval. Countywide (DO)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment
No. 2 to the Homeless Resource Center (HRC) Contract for Provision of Services
with Gulfstream Goodwill Industries, Inc. (GGI) (R2021-1468), to increase
funding by $1,591,029, for a new total contract amount not-to-exceed
$8,491,761, for the period October 1, 2021 through September 30, 2024,
retroactive to November 15, 2023, to incorporate homelessness services in the
Western Communities. Summary:
Amendment No. 2 to HRC Contract for Provision of Services (R2021-1468) is
necessary to amend the original funding amount to allow GGI to continue
providing case management, navigation, employment counseling, and engagement to
individuals and families experiencing homelessness in the western communities.
Previously, the County and GGI had a separate contract for the HRC and the
Western Shelters. This amendment combines the shelter contracts into one
contract in order to reduce the administrative burden of managing separate
contracts. GGI will provide a maximum of 36 transition shelter beds in Belle
Glade and 58 supportive housing beds in Pahokee. GGI will be open 365 days a
year on a 24-hour basis. GGI will serve up to 48 seniors and/or individuals and
up to 24 families per year (approximately 96 persons). From October 1, 2022
through September 30, 2023, GGI served 438 individuals through the
non-congregate shelter; 80 persons served by the Belle Glade Transition Shelter
and 358 persons served by the Pahokee Shelter. (Division of Human Services and
Community Action Program) Countywide (HH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to:
A)
receive and file Amendment
No. 1 to the Public Transportation Grant Agreement (PTGA) (Amendment) with the
Florida Department of Transportation (FDOT) in the amount of $2,000,000 for the
development of aircraft storage hangars and associated infrastructure at the
North Palm Beach County General Aviation Airport (F45). Delegation of authority for execution of this
Amendment was approved by the Board of County Commissioners (BCC) on August 25,
2020; and
B)
approve a Budget Amendment
of $2,000,000 in the Airport’s Improvement and Development Fund.
Summary: The original PTGA with the FDOT
(CSFA No. 55.004) (R2023-0390) provided grant funding in the amount of
$2,000,000 or 80% of the eligible project costs, whichever is less, for the
development of a single corporate hangar and associated infrastructure at F45.
The original project cost was estimated to be $2,500,000, requiring a $500,000
local match. This Amendment modified the project description to allow the
funding to be used to construct multiple aircraft storage hangars instead of a
single corporate hangar. This Amendment also increases the available grant
funding by $2,000,000. The FDOT’s total funding commitment, including this
Amendment, is $4,000,000, or 80% of the eligible project costs, whichever is
less, with an estimated project cost of $5,000,000. There is an additional required local match of $500,000 for this
Amendment. Countywide (AH)
MARCH 5, 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
$534,426 for the design and construction of a holding apron between Taxiways A
and C at Palm Beach International Airport (PBI). Delegation of authority for execution of this
PTGA was approved by the Board of County Commissioners (BCC) on August 25, 2020
(R2020-1017). This PTGA is effective as
of December 20, 2023, with an expiration date of July 31, 2027; and
B) approve a Budget Amendment of $534,426 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FDOT and the local match of $534,426, which is in the current
budget. Total project costs are $1,068,852.
Summary: The FDOT has issued a PTGA (CSFA No. 55.004)
reflecting its commitment to provide funding in the amount of $534,426 or 50%
of the eligible project costs, whichever is less, for the design and
construction of a holding apron between Taxiways A and C at PBI at the approach
end of Runway 10L. A holding apron is an area where aircraft can perform final
pre-flight checks or wait to receive clearance from air traffic control to
depart on the runway. Holding aprons
improve operational efficiency by allowing aircraft that have received clearance
or completed pre-flight checks to move ahead of aircraft that have not. The grant funds will initially be used for
project design. The Department of Airports anticipates a future amendment to
the PTGA to provide additional funding from the FDOT for construction of the
project. The required local match for this PTGA is $534,426. Countywide (AH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
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 $601,470 for the rehabilitation and
repair of Runway 9R/27L at North Palm Beach County General Aviation Airport
(F45). Delegation of authority for
execution of this PTGA was approved by the Board of County Commissioners (BCC)
on August 25, 2020 (R2020-1017). This
PTGA is effective as of December 19, 2023 with an expiration date of January
31, 2026; and
B)
approve a Budget Amendment
of $601,470 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT.
Summary: The
FDOT issued a PTGA (CSFA No. 55.004) reflecting its commitment of funding in
the amount of $601,470 or 5% of the eligible project costs, whichever is less,
for the rehabilitation and repair of Runway 9R/27L at F45. The total estimated project cost is
$12,029,400. Additional funding in the amount of approximately $10,826,460 is
anticipated from the Federal Aviation Administration. The required local match for this PTGA is $601,470. Countywide (AH)
4. Staff recommends
motion to approve: Change Order No. 2
(Change Order) to the Contract with All Florida Contracting Services, LLC
(AFCS), for the Fuel Farm Emergency Generator Project (Contract) at the Palm
Beach County Glades (PHK) Airport, providing for a time extension of 142
calendar days. Summary: The Contract (R2022-1030) provides for the installation of a generator
to support the aviation fuel farm at PHK. The Contract was approved on
September 13, 2022 in the amount of $395,500 for a period of 185 calendar days
from the notice to proceed. Change Order
No. 1 provided a time extension of 277 calendar days, which was approved on
March 14, 2023 (R2023-0284). The manufacturer of the generator notified AFCS
that it will not be delivered until March 29, 2024, due to a continuing
shortage in components. Approval of this Change Order provides for a time
extension of 142 calendar days based on manufacturer delays. There is no change
in cost associated with this Change Order.
A Disadvantaged Business Enterprise (DBE) goal of 8.22% was established
for this project. AFCS committed to a
minimum of 8.23% DBE participation. There is no DBE participation to date due
to project delays. Countywide
(AH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5. Staff recommends
motion to approve:
A) Amendment No. 4 (Amendment) to the General Consulting Agreement with HDR
Engineering, Inc. (HDR) for Consulting/Professional Services (R2019-1157) in
the amount of $194,486.47 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 $99,549 in the Airport’s Improvement and
Development Fund to provide budget for Amendment No. 4, including a transfer
from Reserves in the amount of $99,549.
Summary: The Consulting Agreement (Agreement) with
HDR for general airport planning and design was approved by the Board of County
Commissioners (Board) on August 20, 2019 (R2019-1157) in the amount of $960,107
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 August 17, 2021 (R2021-1024), exercising the first
one-year renewal option. Amendment No. 2
was approved by the Board on June 7, 2022 (R2022-0574), increasing the amount
of the Agreement by $541,180.72 and exercising the second one-year renewal
option. Amendment No. 3 was approved by the Board on August 23, 2022
(R2022-0887), increasing the amount of the Agreement by $339,430.44. Approval of this Amendment will increase the
amount of the Agreement by $194,486.47, resulting in a total cumulative
contract value of $2,035,204.63. This
Amendment includes the following tasks: Task I Services – North Palm Beach
County General Aviation Airport (F45) Terminal Ramp Value Engineer Design and
F45 Runway 9R-27L Design Update. This
Amendment provides for supplemental design services associated with tasks
previously assigned to HDR under the Agreement. HDR is an Omaha, Nebraska based
firm; however, the majority of the work is managed from its West Palm Beach
office. A Disadvantaged Business Enterprise (DBE) goal of 20% was established
for the Agreement. HDR committed to 20%
DBE participation. The DBE participation for this Amendment is 10%. The cumulative DBE participation, including
this Amendment, is 20%. Countywide
(AH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
6. Staff recommends
motion to approve:
A)
Amendment No. 2 (Amendment)
to the Professional Services Agreement (R2017-0409) with HDR Engineering, Inc.
(HDR), in the amount of $205,322.23 for the continued performance of professional
services related to the Central Airfield Improvements (CAI) Project at Palm
Beach International Airport (PBI); and
B)
a Budget Transfer of
$205,323 in the Airport’s Improvement and Development Fund.
Summary: The Professional Services Agreement
(Agreement) with HDR for professional airfield design and engineering services
was approved by the Board of County Commissioners (Board) on April 4, 2017
(R2017-0409) in the amount of $1,229,026.38.
Consultant Services Authorizations 1 through 4 in the aggregate amount
of $204,939.97, were approved pursuant to the delegated authority provided in
PPM CW-F-050. Amendment No. 1 was
approved by the Board on July 11, 2023 (R2023-0977) in the amount of
$2,255,641.56. Approval of this
Amendment in the amount of $205,322.23 will provide additional design services
for the CAI Project currently under construction at PBI, which will increase
the total cumulative contract value to $3,894,930.14. The CAI Project included a base bid and two
additive bid alternates. Three
construction bids were received; however, insufficient funding was available to
award one of the two bid alternates (Alternate 1). This Amendment will provide value engineering
design services to ensure the critical rehabilitation and geometry improvements
to the taxiways included in Alternate 1 can be completed to enhance safety and
extend the life of the pavement within the remaining budget available. Quantum
Electrical Engineering, Inc. (Quantum) is a Disadvantaged Business Enterprise
(DBE) subcontractor and will be providing services as a part of this Amendment.
This Amendment also includes an increase to the approved hourly billing rates
for Quantum, which have not been modified since 2017. HDR is headquartered in Omaha, Nebraska;
however, the work will be completed from its West Palm Beach office. A DBE goal of 16% was established for the
Agreement. HDR committed to 26% DBE
participation. The DBE participation for
this Amendment is 6%. The cumulative participation, including this Amendment,
is 33%. Countywide (AH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Staff recommends
motion to approve:
A) Change Order No. 2 (Change Order) to the Contract
(R2023-0701) with Ranger Construction Industries, Inc. (RCI), providing for an
increase in the amount of $376,524.04 and a time extension of 61 calendar days
for Central Airfield Improvements at the Palm Beach International Airport
(PBI); and
B) a Budget Transfer of $376,525 in the Airport’s
Improvement and
Development Fund.
Summary: A Contract with RCI for Central
Airfield Improvements (CAI Project) at PBI in the amount of $20,228,016.90 for
a period of 516 calendar days from the notice to proceed was approved by the
Board of County Commissioners on May 16, 2023 (R2023-0701). Change Order No. 1 reduced the contract value
by $79,093.16 and provided an extension of 14 calendar days, which was approved
pursuant to the delegated authority provided in PPM CW-F-050. Approval of this Change Order in the amount
of $376,524.04 will increase the total cumulative contract value to
$20,528,447.78. This Change Order is needed
to complete regrading within the Runway 14/32 safety area south of Taxiway C to
ensure compliance with Federal Aviation Administration (FAA) standards and
enhance safety of aircraft operations. A
time extension of 61 calendar days is needed due to delays caused by inclement
weather and to complete the regrading of the runway safety area. During
demolition of the existing drainage structures, it was determined that the
existing drainage pipes northwest of Taxiway A have a 36-inch diameter instead
of a 42-inch diameter as shown in the contract documents. This Change Order
also includes a credit to the County based on the size adjustment, resulting in
a reduction of the final amount of this Change Order. A Disadvantaged Business Enterprise (DBE)
goal of 22% was established for the CAI Project. The DBE participation for this
Change Order is 65.7%. The cumulative DBE participation, including this Change
Order, is 22.7% Countywide (AH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: Financial
Statements for the Fiscal Year ending September 30, 2022 from the Town of Lake
Park Community Redevelopment Agency (TLP CRA).
Summary: The TLP
CRA has submitted its Annual Report for the Fiscal Year ending September 30,
2022 as per section number 163.356(3)(d), Florida Statutes. Countywide (DB)
2. Staff recommends
motion to receive and file: The Village of
Palm Springs Community Redevelopment Agency’s (VPS CRA) Adopted Annual Budget
for Fiscal Year 2023-2024. Summary: The VPS CRA has submitted
their Adopted Budget for Fiscal Year 2023-2024 as per section numbers
163.356(3)(d) and 163.387(8), Florida Statutes. Countywide (DB)
3. Staff recommends
motion to receive and file: The Quarter Ending 12-31-2023 information
for Children’s Services Council of Palm Beach County (CSCPBC). Summary:
The CSCPBC has submitted their Quarter Ending 12-31-2023
information as per section number
125.901(3)(f), Florida Statutes. The
statement reflects only expenditures and receipts during the quarter. Countywide (DB)
4. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$11,695 for the full satisfaction of a code enforcement lien entered against
Austin P. & Norma A. Wiggan on May 12, 2021. Summary:
On March 5, 2020 a Code Enforcement Special Magistrate (CESM) issued an order
giving Mr. & Mrs. Wiggan until
August 31, 2020 to bring their property located at 4941 Vilma Lane, West Palm
Beach, FL into full code compliance. The violations imposed against the property
were for construction of accessory, demolition of a building on the property
without a valid building permit, and construction of a chain link barbed wire
fence without a building permit. 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 the Wiggans on May 12, 2021. The Code
Enforcement Division (Code Enforcement) issued an affidavit of compliance for
the property on November 13, 2023. The total fine amount on November 29, 2023
amounted to $58,474.30, the date on which settlement discussions began. The
Wiggans have agreed to pay Palm Beach County $11,695 (20%) for full settlement
of their outstanding code enforcement lien. District 2 (SF)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
5. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$9,500 for the full satisfaction of two code enforcement liens entered against
Dylan J. and Elexa Harrison on January 21, 2021 and April 21, 2021,
respectively. Summary: On
November 6, 2019, a Code Enforcement Special Magistrate (CESM) entered an order
giving Mr. and Mrs. Harrison 30 days to remove openly stored construction
material covering the sidewalk and right-of-way located at 18320 Loxahatchee
River Rd, Jupiter, FL (the “Property”) in Case 2019-03040016 (A). The CESM also
entered an order giving the Harrisons until May 4, 2020 to obtain a permit for
construction of a brick paver extension and reactivation of an expired permit
at the Property in Case 2019-03040016 (B). Compliance with the CESM’s orders
were not timely achieved, resulting in the imposition of fines of $100 per day
for the first case and $50 per day for the second case. The Code Enforcement
Division (Code Enforcement) issued the affidavits of compliance for both cases
on January 7, 2022. Settlement discussions began on October 5, 2023, when the
total accrued fines amounted to $94,935.04. The Harrisons have agreed to pay
Palm Beach County $9,500 (10%) for full satisfaction of their outstanding code
enforcement liens. District 1 (SF)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Utility Easement Agreement (Easement) in favor of
Florida Power & Light Company (FPL) for underground electrical service in
Carlin Park. Summary: FPL is
improving the reliability of service to customers on the west side of Carlin
Park (Park) located at 750 South A1A, just east of US Highway 1 in Jupiter.
Underground conduit/cables were installed on the west side of the Park
strengthening the level of redundancy to the area. The non-exclusive easement is being granted
at no charge as the electrical improvements provide service to the Park. The
easement area varies in length and is approximately 10 feet in width,
containing approximately 9,508.30 square feet (0.22 acre). There is no fiscal
impact associated with the approval of this agenda item. (Property and Real
Estate Management) District 1 (HJF)
MARCH 5, 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
sole source annual contract with Big Cypress Tiki Huts, Inc. (Big Cypress) in
the amount of $100,000 for the repair and replacement of Chickee Huts on an
as-needed basis through October 7, 2024.
Summary: On October
8, 2019, the Board of County Commissioners (Board) approved the sole source
annual contract with Big Cypress (R2019-1505) to repair and/or replace chickee
huts. The chickee huts are the only product that meets the requirements for an
open sided wooden hut with attached roof of palm and other traditional
materials, and which does not incorporate electrical, plumbing, or non-wooden
features. In addition, the style and design is consistent with traditional
Seminole Indian customs and practices, which brings a historical and
educational element to the County parks. Big Cypress is owned and operated by
Seminole Indians and manufactures, installs and repairs the chickee huts. To
date, the County has awarded work orders in the amount of $409,876.95. In order to accommodate additional
anticipated new projects required to be accomplished before this contract
expires on October 7, 2024, staff is requesting to increase the maximum
cumulative value for this contract in the amount of $100,000. This increase
will bring the maximum cumulative value of the sole source annual contract to
$600,000. In accordance with the Equal
Business Opportunity (EBO) ordinance, sole source procurements are exempt from
EBO requirements. The funding source will be identified on each work order,
with the majority of the funding coming from the Parks and Recreation Fund. (Capital
Improvements) Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to receive and file: zero-dollar ($0) Change Order No. 4
Contingency Use Directive (CUD) No. 2 documenting an increase to the project
duration by 30 calendar days and a decrease in the amount of $12,066.85 to the
contingency fund of Amendment No. 4 (R2021-1606) for the continuing
Construction Manager (CM) at Risk Services contract (R2020-1690) with Robling
Architecture Construction, Inc. for the Water Utilities Department (WUD)
Central Regional Operations Center (CROC) Variable Air Volume (VAV) Box and Air
Handling Unit (AHU) Replacement project.
Summary: On
November 2, 2021, the Board of County Commissioners (Board) approved Amendment
No. 4 (R2021-1606) to the continuing CM at Risk Services contract (R2020-1690)
with Robling Architecture Construction, Inc. in the amount of $1,629,616,
establishing a Guaranteed Maximum Price (GMP) for the replacement of the VAV
boxes and AHUs at the WUD CROC Facility. Change Order No. 4 to Amendment No. 4
(Change Order No. 4) authorizes the use of contingency funds for unforeseen
field conditions requiring additional services for the WUD CROC VAV Box and AHU
Replacement project, as allowed by the contract provisions. Change Order No. 4
also increases the project duration by 30 calendar days as a result of the
additional services for unforeseen field conditions. In accordance with Policy
and Procedure Memorandum (PPM) CW-F-050, Lead Departments are authorized to
approve $0 Change Orders associated with a CUD (CUD Change Orders), then an
agenda item notifying the Board of such $0 Change Orders must be presented as a receive and file.
Change Order No. 4 is a $0 CUD Change Order. This agenda item is being
submitted to notify the Board of a $0 CUD Change Order established by PPM
CW-F-050. This continuing CM at Risk Services contract was solicited pursuant
to the requirements of the Equal Business Opportunity (EBO) Ordinance. This
continuing CM at Risk Services contract was presented to the Goal Setting
Committee on December 4, 2019 and the Committee established Affirmative
Procurement Initiatives (APIs) of a small business enterprise (SBE) evaluation
preference of 10 points for the selection and a mandatory 20% SBE
subcontracting goal on the contract. The SBE participation for this Change
Order is 8.15%. To date, the overall SBE participation for this contract is
43.24%. Robling Architecture Construction, Inc. is a Palm Beach County
business. The funding source for this project is the WUD Operations &
Maintenance Fund. (Capital Improvements Division) District 3
(MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to receive and file:
A) zero-dollar ($0) Change Order No. 2,
Contingency Use Directive (CUD) No. 1, documenting a decrease in the amount of
$1,394,920 to the project contingency fund of Amendment No. 1 (R2021-1793) for
the Construction Manager (CM) at Risk Services contract (R2019-1751) with Kast
Construction Company LLC for the Supervisor of Election (SOE) Production
Facility project; and
B) zero-dollar ($0) Change Order No. 15, CUD No.
2, documenting a decrease in the amount of $11,700 to the project contingency
fund of Amendment No. 1 (R2021-1793) for the CM at Risk Services contract
(R2019-1751) with Kast Construction Company LLC for the SOE Production Facility
project.
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
4. Summary: On December 7, 2021, the Board of County
Commissioners (Board) approved Amendment No. 1 (R2019-1793) to the CM at Risk
Services contract (R2019-1751) with Kast Construction Company LLC establishing
a Guaranteed Maximum Price (GMP) in the amount of $53,206,963 for construction
management services for the SOE Production Facility project. Change Order No. 2
to Amendment No. 1 (Change Order No. 2) authorizes the use of contingency funds
for subcontractor buyout reconciliation for the SOE Production Facility
project, as allowed by the contract provisions. In practical terms, within the
first 60 days of project commencement, Change Order No. 2 essentially depleted
the available contingency funds. Change Order No. 15 to Amendment No. 1 (Change
Order No. 15) authorizes the use of contingency funds for subcontractor’s scope
gap requiring additional services for the SOE Production Facility project, as
allowed by the contract provisions. In accordance with Policy and Procedure
Memorandum (PPM) CW-F-050, Lead Departments are authorized to approve $0 Change
Orders associated with a CUD (CUD Change Orders), then an agenda item notifying
the Board of such $0 CUD Change Orders
must be presented as a receive and file. Change Orders No. 2 and No. 15
are $0 CUD Change Orders. This agenda item is being submitted to notify the
Board of a $0 CUD Change Order established by PPM CW-F-050. The solicitation
for a CM was advertised on July 21, 2019 according to the requirements of the
Equal Business Opportunity (EBO) ordinance. On July 21, 2021, the Goal Setting
Committee established an Affirmative Procurement Initiative (API) of 20% Small
Business Enterprise (SBE) participation for the construction phase of the
project, of which 8% must be African American or Hispanic American firms. The
SBE participation for Change Order No. 2 is 34.10%. There is no African
American or Hispanic American participation for Change Order No. 2. There is no
SBE participation for Change Order No. 15. To date, the overall SBE
participation for this contract is 23.37% SBE participation, of which 9.32% is
African American or Hispanic American participation. Funding for this project
is from the 51.05M NAV Pub Imp Rev Bonds, 21A, CP, SOE Bldg. Fund. (Capital
Improvements Division) District 7 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
5. Staff recommends
motion to receive and file: zero-dollar ($0) Change Order No. 4
Contingency Use Directive (CUD) No. 4 documenting an increase to the project
duration by 4 calendar days and a decrease in the amount of $1,986.60 to the
contingency fund of Amendment No. 9 (R2023-0085) to the continuing Construction
Manager (CM) at Risk Services contract (R2018-1161) with Lebolo Construction
Management, Inc. for the Lantana/Lake Worth Health Center-Customer Service
Counter project. Summary: On January 24, 2023, the
Board of County Commissioners (Board) approved Amendment No. 9 (R2023-0085) to
the continuing CM at Risk Services contract (R2018-1161) with Lebolo
Construction Management, Inc. in the amount of $262,934, establishing a
Guaranteed Maximum Price (GMP) for construction management services to remodel
the Lantana/Lake Worth Health Center to bring the customer service area into
compliance with the Americans with Disabilities Act (ADA). Change Order No. 4
to Amendment No. 9 (Change Order No. 4) authorizes the use of contingency funds
for unforeseen field conditions requiring additional services for the
Lantana/Lake Worth Health Center-Customer Service Counter project, as allowed by
the contract provisions. Change Order No. 4 also increases the project duration
by 4 calendar days as a result of the additional services for unforeseen field
conditions. In accordance with Policy and Procedure Memorandum (PPM) CW-F-050,
Lead Departments are authorized to approve $0 Change Orders associated with a
CUD (CUD Change Orders), then an agenda item notifying the Board of such $0
Change Orders must be presented as a
receive and file. Change Order No. 4 is a $0 CUD Change Order. This agenda item
is being submitted to notify the Board of a $0 CUD Change Order established by
PPM CW-F-050. Amendment No. 9 was competitively solicited by Lebolo
Construction Management, Inc. utilizing the federal requirements provided by
the Department of Housing and Economic Development (DHED). The County’s Equal
Business Opportunity Program does not apply to federally funded contracts.
Under the federal requirements, this project has an established Equal
Employment Opportunity (EEO) minority participation goal of 22.4%, of which
6.9% is female participation. The funding source for this project is the
Infrastructure Sales Tax (IST) Fund and the Public Building Improvement
Fund. (Capital Improvements Division) District 7 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: an annual contract with the following contractor for
flooring services on an as-needed basis through May 17, 2026.
Contractor Status SBE
or Non-SBE
" MBCS
Company, L.L.C " Local S/MBE
Summary: On May 18, 2021, the Board of County
Commissioners (Board) approved the annual flooring contract (R2021-0633 through
R2021-0639). The work consists of new installations, replacement and/or repairs
of flooring to County-owned properties on an as needed basis. The Contractor
now joins the list of eleven (11) prequalified contractors for a total of
twelve (12) prequalified contractors with a contract expiration date of May 17,
2026. The specific requirements of the work will be determined by individual
work orders issued against this annual flooring contract. These contracts are
five (5) year indefinite-quantity contracts with a maximum cumulative value of
$4,000,000 across all prequalified contractors. Work will be awarded as work
orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors may qualify at any time and be added to this annual
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. The 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 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 flooring
contract is 63.32%. (Capital Improvements) Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to approve: an annual contract with the following contractors
for general minor construction services on an as-needed basis through February
10, 2025.
Contractors Status SBE or Non-SBE
A) NYC Development
& Construction Local Non-SBE
Group Inc.
B) T & G Corporation dba Non-Local Non-SBE
T&G
Constructors
Summary: On February 11, 2020, the Board of County
Commissioners (Board) approved the annual minor construction contract
(R2020-0142 through R2020-0151). The work consists of construction services
associated with repairs, improvements and renovations to County-owned
properties on an as needed basis. The Contractors now join the list of
thirty-nine (39) prequalified contractors for a total of forty-one (41)
prequalified contractors with a contract expiration date of February 10, 2025.
The specific requirements of the work will be determined by individual work
orders issued against this annual minor construction contract. These contracts
are five (5) year indefinite-quantity contracts with a maximum cumulative value
of $25,000,000 across all prequalified contractors. Work will be awarded as
work orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors may qualify at any time and be added to this annual
minor construction contract before the term ends. Projects 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 minor construction contract was presented to the Goal Setting
Committee on August 21, 2019 and the Committee established three Affirmative
Procurement Initiatives (APIs): 1) sheltered market for projects under
$100,000; or 2) a SBE contractor will be given a price preference if its bid is
within 10% of the lowest non-small business bid on a single trade project
$100,000 or greater; or 3) a mandatory 25% SBE subcontracting goal for a
multi-trade project $100,000 or greater. Actual Small/Minority/Women Owned
Business Enterprise (S/M/WBE) participation will be identified on each work
order, and will be tracked cumulatively for all work orders issued. To date,
the cumulative S/M/WBE participation for all work orders under the annual minor
construction contract is 62.45%. (Capital Improvements) Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to receive and file: the Roger Dean Chevrolet Stadium (RDCS) Renovation
Project (Project) development period report No. 4 (Development Report No.4),
for the period from October 26, 2023 through January 22, 2024, to the
Department of Economic Opportunity (DEO). Summary:
On August 22, 2023 the Board of County Commissioners (Board) authorized the
Mayor (R2023-1105) to execute future Development Reports and annual reports as
required under the Spring Training Facility Funding Agreement (R2023-0367)
(State Funding Agreement). On March 14, 2023, the Board approved the State
Funding Agreement with the DEO for the RDCS Renovation Project. The State
Funding Agreement provides $50,000,000 of State Funding under Section 288.11631,
Florida Statutes over a 25 year period for the RDCS Renovation Project. Under the terms of the State Funding
Agreement, the County must furnish annual reports, and during the development
period, must submit periodic Development Reports every 90 days to the DEO. The
Development Reports detail the status of the RDCS Renovation Project and the
funds expended to date on the same. For
the annual reports and the Development Reports, the Mayor must certify that all
information and documentation contained in the reports are true and correct. In
accordance with R2023-1105, the Mayor executed the attached Development Report
No. 4 on behalf of the Board which was submitted to the DEO. This executed document is now being submitted
to the Board to receive and file. (FDO Admin)
District 1/Countywide
(MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to approve:
A) an Assignment of
the annual Heating, Ventilation and Air Conditioning (HVAC) contract
(R2020-0022) (HVAC contract) from Precision Air Systems, Inc. to Precision Air
Systems, LLC (Contractor); and
B) Work Order No.
24-001 to the annual HVAC contract (R2020-0022) with Contractor in the amount
of $216,690 for the Jupiter Library-Chiller Replacement project for a period of
240 calendar days from notice to proceed.
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
9. Summary: Precision Air Systems, Inc., requested that
Palm Beach County accept an assignment of the annual HVAC contract to
Contractor. Contractor has acquired
Precision Air Systems, Inc., and will assume the annual HVAC contract from
Precision Air Systems, Inc. Many of the
management team and staff of Precision Air Systems, Inc. have joined
Contractor. Since HVAC projects being
worked on by Precision Air Systems, Inc. are open, the assignment to Contractor
will provide for the continuation and completion of these projects. Staff recommends this assignment of the
annual HVAC contract from Precision Air Systems, Inc. to Contractor. Work Order 24-001 consists of furnishing all
labor, equipment, devices, tools, machinery, transportation, professional
services, supervision, drawings, permitting and all miscellaneous requirements
necessary to remove and replace one (1) eighty (80) ton chiller including
associated water pumps, gauges, insulated piping, HVAC equipment and reconnect
the existing building automation system (BAS) at the Jupiter Library Facility.
The existing equipment is original to the building construction and has
outlived its useful life. The new chiller 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
240 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 13.31%. To date, the overall SBE participation on the annual HVAC contract
is 27.36%. Funding for this project is from the Public Building Improvement
Fund. (Capital Improvements Division) District 1 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: First Amendment to the Amended and Restated
Agreement (R2019-1509) (“Agreement”) with Bethesda Hospital, Inc. (“Hospital”),
to extend the term of the Agreement for interoperable communications through
the countywide emergency medical services (EMS) and common talk groups of the
County’s Public Safety Radio System (“County’s System”) retroactively (due to
the Hospital’s delay in executing the amendment) from January 10, 2024 through
January 9, 2029. Summary: The Agreement, which
provides the terms and conditions under which the Hospital can program into its
radios and utilize the countywide EMS and common talk groups for certain types
of inter-agency communications, expired on January 9, 2024. The Agreement
provided for two (2) renewal options, each for a period of five (5) years. The
Hospital has approved the amendment to extend the term of the Agreement to
January 9, 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 and ambulance service providers with 800
MHz trunked radio capabilities. There are no charges associated with this
Agreement. The Hospital is required to pay all costs associated with the
Hospital’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, and adds the
county’s standard E-verify provision. Other than the changes set forth herein,
all other terms remain the same. (ESS) Countywide (MWJ)
11. Staff recommends
motion to receive and file: an Agreement with Box Studio, LLC, to host The
Origami in the Garden Exhibition at Mounts Botanical Gardens from January 7,
2024 through May 19, 2024. Summary: In accordance with County PPM CW-O-051,
all delegated contracts, agreements and grants must be submitted by the
initiating Department as a receive and file agenda item. Pursuant to PPM CW-F-072, Acquisition of
Artwork, the attached Agreement, after review and approval by the County Attorney’s
office, has been fully executed on behalf of the Board of County Commissioners
(Board) by the County Administrator or designee, who in this case was the
Director of the Facilities Development and Operations Department. The Agreement
was for a temporary art exhibit entitled “The Origami in the Garden Exhibition”
at Mounts Botanical Garden, which was approved by the Palm Beach County’s Art
in Public Places Program. The donation for the Agreement was provided by the
Friends of the Mounts Botanical Garden, Inc., and approved by the Board on August
22, 2023 (R2023-1129). This executed
document is now being submitted to the Board to receive and file. (FDO Admin) Countywide
(YBH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
12. Staff recommends
motion to receive and file: Standard License Agreement (Agreement) with
the City of Delray Beach (City) for Use of County-Owned Property (South County
Courthouse Parking Garage) for event parking from November 28, 2023 to August
28, 2024. Summary: In
accordance with County PPM CW-O-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The attached standard
Agreement has been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator or designee, who in this case
was the Director of the Facilities Development and Operations Department
(Director). The term of the Agreement is November 28, 2023 to August 28, 2024,
with specific dates, uses and operating hours to be determined upon written
mutual agreement of the Director and the City Manager. The Standard License
Agreement was approved in accordance with R2002-1980. This executed document is
being submitted to the Board to receive and file. (FDO Admin) Countywide
(YBH)
13. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 3 to
the continuing consulting services/design professional services contract
(R2022-0485) with Colomé & Associates, Inc. (Consultant) in the
amount of $117,563.18 for the Medical Respite and Lewis Center Buildout
project. Summary: On May 17, 2022, the Board of County
Commissioners (Board) approved the continuing consulting services/design
professional services contract (R2022-0485) with the Consultant to provide
consulting services/design professional services for various federally funded
projects on a continuing contract basis. This item will authorize professional
services for CSA No. 3 for the Medical Respite and Lewis Center Buildout
project. The Community Services Department desires to convert the existing
clinic to a medical respite in order to provide medical recuperative services
to the homeless. Under CSA No. 3, the Consultant will provide professional
services (i.e. design, construction document preparation, cost estimating,
bidding and construction administration phase services) necessary for the
renovations/buildout of the existing clinic to accommodate the medical respite
services and mechanical chiller replacement. The renovations/buildout include,
but are not limited to, the reconfiguration of interior partition walls,
addition of egress windows with new exterior wall openings, replacement of
exterior doors, frames and windows with impact resistant systems, new flooring,
wall and ceiling finishes in the renovated areas and modifications to the
existing electrical, fire alarm and mechanical systems (which includes the
mechanical chiller replacement). This continuing consulting services/design
professional services contract is exempt from the County’s Equal Business
Opportunity Ordinance pursuant to section 2-80.22 thereof. Funding for this project
is from the Capital Outlay Fund. (Capital Improvements Division) District
7 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
14. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 6 to
the continuing consulting services/design professional services contract
(R2022-0486) with Williamson Dacar Associates Inc. d/b/a/ Williamson Design
Associates (Consultant) in the amount of $235,808 for the Palm Tran Bus Stop
Improvements project. Summary: On May 17, 2022, the Board
of County Commissioners (Board) approved the continuing consulting
services/design professional services contract (R2022-0486) with the Consultant
to provide consulting services/design professional services for various
federally funded projects on a continuing contract basis. This item will
authorize professional services for CSA No. 6 for the Palm Tran Bus Stop
Improvements project. Palm Tran desires to improve forty-nine (49) Palm Tran
bus stops at various locations along eastern Palm Beach County to comply with
the American with Disabilities Act (ADA). Under CSA No. 6, the Consultant will
provide professional services (i.e., design, construction document preparation,
bidding and construction administration phase services) necessary for the ADA
improvements to forty-nine (49) Palm Tran bus stops. The project includes, but
is not limited to, site surveys at each location and the evaluation and design
to make the bus stops ADA compliant. This continuing consulting services/design
professional services contract is exempt from the County’s Equal Business
Opportunity Ordinance pursuant to section 2-80.22 thereof. There is no
Disadvantaged Business Enterprise (DBE) Goal established for this work; however,
Palm Tran encourages the bidder to make every attempt to obtain participation
of certified DBEs and other Small Business Enterprises (SBE) certified by a
cognizant agency in the completion of this contract (Race neutral). The SBE
and/or DBE non-mandatory goal for this project is 15%. The consultant committed
to 50% DBE utilization on this contract. DBE subcontractor participation on
this contract is 77.9%. Funding for this project is from the Palm Tran Grants
Fund. (Capital Improvements Division) Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
15. Staff recommends
motion to approve: installation of a plaque in remembrance of
Noah Klein on the southwest wall of the press box building, facing baseball
field #4 at West Boynton Park. Summary: At the request of Commissioner Gregg K. Weiss
and approval of the Board of County Commissioners sitting in session on
February 27, 2024, staff was given direction to explore the installation of a
plaque at the West Boynton Park in remembrance of Noah Klein in collaboration
with the West Boynton Little League (WBLL). Noah Klein was a long-time
participant of the WBLL who passed away from pediatric brain cancer on February
17, 2023 at the age of 13. Through the installation of the plaque, WBLL would
like to remember Noah and also inspire others to “Play like Noah.” West Boynton
Little League has served the West Boynton community since 1994 and has played
at West Boynton Park since the park opened its baseball fields in 2004. (FDO/Parks & Recreation) District
2 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to receive and file:
A) a Hazard
Mitigation Grant extension with the Florida Department of Emergency Management
(FDEM) for a modification extension. The initial agreement was from December 1,
2022 to December 31, 2023; the modification extension will end on September 30,
2024; and
B) a Master Research
Agreement No. C-23-229 between Palm Beach County and Florida Atlantic
University (FAU) for a modification extension. This will be to complete the
Hazard Mitigation Grant project and will extend the agreement to September 30,
2024.
Summary: On April 7, 2022, the FDEM announced a grant opportunity for Community Rating System (CRS) communities
to aid them in the development of a Watershed Master Plan (WMP) to help improve
their CRS ratings. On May 17, 2022, the Board of County Commissioners granted
delegated authority to submit the grant application and enter into the agreement
with FDEM. FDEM executed the agreement on December 1, 2022 for the Hazard Mitigation Grant reflecting their
commitment of funding to the above reference project for $210,000. In
collaboration with FAU, the funding will provide for the development of a WMP
as a prerequisite for all communities to achieve a Class 4 or higher CRS
rating. The CRS program allows participating communities to achieve significant
discounts for National Flood Insurance Program (NFIP) policyholders on flood
insurance premiums for their properties. CRS ratings rank from 1 (highest
rating/discount) to 10 (lowest rating/discount). A Class 5 rating allows policyholders in the
County to receive discounts of up to 25% from the standard NFIP premiums. A
Class 4 rating (or higher) would achieve discounts of 30% (or more). Working in
coordination with the County Emergency Management Division CRS Coordinator, as
well as other County Agencies, County staff continuously work to maintain and
improve the County’s CRS rating and achieve greater discounts for County
property owners. Unincorporated (RM)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a
2024 Pipeline Wet Tap and Line Stops Continuing Construction Contract
(Contract) with Rangeline Tapping Services, Inc. (Rangeline) for a not to
exceed amount of $7,796,283 for a three (3) year term. Summary: On November
29, 2023, the Palm Beach County Water Utilities Department (PBCWUD) received
one (1) bid for the Contract. The Contract will be used to expedite utility
repair and improvements projects, facilitate the completion of much needed
rehabilitation work and reduce response time for corrective action/repairs for
any necessary emergency pipe repair 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 $7,796,283 from Rangeline, which was
utilized to establish the unit prices for work under this Contract. The
Contract does not guarantee or authorize Rangeline to perform any work. Work
will be assigned during a three (3) year period 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 October 4, 2023, the Goal Setting Committee applied an
Affirmative Procurement Initiative (API) of a Small Business Enterprise
(SBE) Price Preference. The Contract provides for 0% SBE
participation. Rangeline is a Palm Beach County based company. The Contract is
included in the PBCWUD FY24, FY25, and FY26 budget. (PBCWUD Project No. 23-047)
Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to approve: Work Order (WO) No. 5 to the 2022 Pipeline
Continuing Construction Contract (Continuing Contract) with Johnson-Davis
Incorporated (Contractor) for the Force Main Replacement; FL Turnpike North of
West Palm Beach Service Plaza (Project) in the amount of $233,184.95. Summary: On May 16, 2023, the Board
of County Commissioners approved the Palm Beach County Water Utilities
Department (PBCWUD) Contract (R2023-0675) with Contractor. WO No. 5 provides
for the replacement of approximately 500 linear feet (LF) of Force Main (FM)
serving the Turnpike West Palm Beach Service Plaza (Service Plaza). Project
includes the Horizontal Directional Drilling (HDD) of 320 LF of 12-inch casing
with 6-inch carrier FM under the Florida Turnpike (Turnpike) north bound lanes,
and under the Lake Worth Drainage District (LWDD) E2-E Canal. Project also
includes the removal of the existing 6-inch FM pipe and the grouting of the
12-inch casing. This Contract was
procured under the requirements of the Equal Business Opportunity Ordinance. On
September 7, 2022 the Goal Setting
Committee applied an Affirmative Procurement Initiative of a minimum mandatory
20% Small Business Enterprise (SBE) subcontracting participation of which 5%
shall be among certified African American and/or Hispanic American owned firms.
The Contract provides for 20.83% SBE
participation, which includes 5.521% MBE participation, 5.38% MBE (H), and
0.13% MBE (B). WO No. 5 includes 0% SBE participation, which includes 0%
MBE participation, 0% MBE (H), and 0% MBE (B). The cumulative SBE participation
including WO No. 5 is 16.91%SBE participation, which includes 10.90% MBE
participation, 0% MBE (H), and 0.51% MBE (B). Contractor is a Palm Beach County
based company. The Projects are included in the PBCWUD FY24 budget. (PBCWUD
Project No. 24-006) District 3 (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, supporting the Continued Operation of the Solid Waste Authority of
Palm Beach County’s (SWA) Biosolids
Processing Facility beyond August 9, 2029. Summary: On
May 3, 2005, the Palm Beach County Board of County Commissioners approved an
lnterlocal Agreement (ILA) for Biosolids Processing and Recycling with SWA
(R2005-0897). Under the ILA, the SWA is responsible for the design,
construction, operation and maintenance of the regional Biosolids Processing
and Recycling Facility (BPF), and, in addition, will market the biosolids
pellets to various fertilizer manufacturers. The Facility became operational in
2010. The Palm Beach County Water Utilities Department (PBCWUD), along with the
other participating utilities including the South Central Regional Wastewater
Treatment and Disposal Board, City
of Boca Raton Utilities Department, Loxahatchee River Environmental Control
District, Seacoast Utility Authority, and the East Central Regional Wastewater
Treatment Facilities Operation Board are responsible for delivering wastewater
biosolids to the facility and paying for the pro-rata share of capital and net
operating costs. In accordance with the ILA, at least five years prior
to the termination of the Operations and Maintenance Agreement (August 2029),
the participant utilities are required to jointly determine if the BPF shall
continue operation or if the operation shall cease on August 9, 2029. On
November 27, 2023, SWA formally requested the participant utilities to vote to
either (1) Continue operation of the BPF or (2) Discontinue the BPF operation
after August 9, 2029. PBCWUD believes it is in the best interest of the County
to continue operation of the BPF. Countywide (MWJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve a Florida Department of Environmental Protection (FDEP) Office of
Greenways and Trails Application (Application) for Designation of Public Lands
or Waterways as part of the Florida Greenways and Trails System (FGTS) for
Acreage Pines Natural Area (Natural Area); and
B)
authorize the County
Administrator, or designee, to execute
the 20-year term, FDEP Florida Greenways and Trails Program Designation
Agreement (Agreement) for the Natural Area, and sign a Resource Certification (Certification) required under
the Agreement every five years during the term of the Agreement.
Summary: The Application requests that the 124.3-acre County-owned Natural Area
be designated as part of the FGTS. If the Application is approved by the
State’s Greenways and Trail Council, the County will be required to sign a
20-year term Agreement substantially similar to the attached agreement template
in order to complete the designation. To maintain the
designation, the County will be required to submit a signed Resource
Certification form at the request of FDEP every five years following execution
of the Agreement. The Certification confirms that the site’s natural,
recreational, cultural, and/or historic resources are being maintained in a
manner consistent with the Agreement. The natural and recreational resources
found within the Natural Area are maintained pursuant to the Board-approved
Management Plan (Agenda Item 3.L.3,
3/13/18) and the Use Plan that is part of the
Application; there are no cultural or historical resources on the Natural Area.
Designating the Natural Area as part of the FGTS will help bring public
recognition and additional visitors to the Natural Area. It also will give the
County additional consideration when applying for grants to help fund the
renovation/replacement of existing public use facilities at the Natural Area.
Neither the Application nor Agreement are expected to have any fiscal
impact. District 6 (SS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) ratify the Mayor’s signature on the following
documents:
1.
Certificate
of Participation for an annual Florida Department of Law Enforcement (FDLE)
Edward Byrne Memorial Justice Assistance Formula Grant (JAG);
2. 51% letter required to establish consensus
among local governments in the County concerning the expenditure of JAG funds
allocated to the jurisdiction;
3. Three grant applications submitted in
September 2023 to FDLE for the Federal Fiscal Year 2022 (County Fiscal Year
2023) FDLE JAG Program in the amount of
$322,342 beginning October 1, 2022 through September 30, 2025 as provided below:
i) Palm Beach County Reentry Program (City of Riviera Beach) for $27,695;
ii) Palm Beach County Reentry Program (The Lord’s Place) for $212,533; and
iii) Equipment for law enforcement for $82,114.
B) authorize
the County Administrator or
designee to execute the grant award, agreement, amendments, documents, and
electronic grant reporting forms, related to the FDLE JAG Grant, on behalf of
the Board of County Commissioners, after approval of legal sufficiency by the
County Attorney’s Office, and within budget allocations that do not
substantially change the scope of work, or terms and conditions of the
agreement.
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE COMMISSION (cont’d.)
1. Summary: On July 10, 2023, the Criminal Justice
Commission (CJC) learned that Palm Beach County was allocated $322,342 (CFDA#
16.738) in Edward Byrne Memorial JAG funds as part of the FDLE JAG Countywide
program (FDLE funding is consistently allocated after the County executes
subrecipient contracts). The CJC
approved allocating these funds to the existing Palm Beach County Reentry
Program in the amount of $240,228, and the remaining balance of $82,114 to
purchase equipment for law enforcement agencies throughout Palm Beach County to
address their safety concerns and enhance the work of law enforcement in
collaboration with the Palm Beach Sheriff’s Office to reduce mass violence. The
emergency signature process was utilized because there was not sufficient time
to submit the forms through the regular agenda item process to meet the July
31, 2023 deadline. The Countywide
Reentry Program provides transitional services for adults and juveniles
released from jail and prison to Palm Beach County. In County FY23,
approximately 663 adults (358 Sago Palm Reentry Center and 305 post-release)
have been served by the County’s Reentry Program, which includes 137
pre-release new enrollments at Sago Palm and 182 post-release new
enrollments. The program provided
linkage to 78% of participants who needed housing assistance and 79% of those
who needed assistance with behavioral health services. No
County match is required. Countywide (HH)
2. Staff recommends
motion to receive and file: Third 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 January 13, 2024 to December 13, 2024 and
to increase the contract amount by $200,000 for a not to exceed amount of
$450,000. Summary: The
Third Amendment to the contract with SEFBHN extended the funding period from
January 13, 3024 through December 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. There are currently 31 participants in
the program as of December 2023 and 251 engagements were made at the jail. 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. No County
matching funds are required. Countywide (HH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE COMMISSION (cont’d.)
3. Staff recommends
motion to approve:
appointment of one (1) new member to the Criminal Justice Commission (CJC) for
the period March 5, 2024 to December 31, 2026.
|
Appoint
Nominee |
Seat
No. |
Term to
Expire |
Nominated
By: |
|
Jorge Garrido |
20 |
12/31/2026 |
Hispanic Chamber of Commerce of Palm Beach County |
SUMMARY: The mission
of the CJC is to study all aspects
of the criminal justice and crime prevention
systems within the federal, state, county, municipal, and private agencies
within the County. The CJC is comprised of 35 members: 18 public sector
members representing local,
state, and federal
criminal justice and governmental agencies; and 17 private sector members representing the Economic Council,
Clergy, the Black and Hispanic Chambers of Commerce, youth (17-22 years),
returning citizen, crime survivor, and a community member. The Hispanic Chamber position is nominated by
the Hispanic Chamber of Commerce and appointed by the Board of
County Commissioners. The CJC currently has 27 seats filled
and a diversity count of Caucasian: 16 (59%), African-American: 10 (37%), and Hispanic: 1 (4%). The gender
ratio (female: male) is 11:16. The nominee
is a Hispanic male. Staff is addressing the need to increase
diversity within our Board and will continue to encourage this to expand this
Board’s diversity. Countywide (HH)
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: a copy of municipal ordinance No. 15-
23 of the Town of Jupiter (“Town”), providing the Town’s annual
consent to continue its participation in the Jupiter Municipal Services Taxing
Unit (“MSTU”) through December 31, 2024.
Summary: The County has provided fire rescue
services to the Town as part of the Jupiter MSTU since 1997. The Town adopted
Ordinance No. 12-22 to extend its participation in the Jupiter MSTU through
December 31, 2027 to fund fire-rescue services by the County through 7:30 a.m.
on October 1, 2028, subject to annual renewals. Ordinance No.15-23 provides
consent through December 31, 2024. Town Ordinance No. 15-23 is now being
submitted to the Board of County Commissioners to receive and file. Countywide (SB)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
2. Staff recommends
motion to approve: a letter terminating the Agreement Relating to
Clinical Field Experience (“Agreement”) with HCI College LLC A/K/A Health
Career Institute LLC (“HCI”) dated December 20, 2022 (R2022-1545), effective
April 15, 2024. Summary:
The Agreement allowed Palm Beach County Fire Rescue (“Fire Rescue”) to
provide clinical field experience to students enrolled in HCI’s paramedic and
emergency medical technician (“EMT”) programs. HCI discontinued its paramedic
and EMT program in December of 2023.
Terminating the agreement will allow Fire Rescue to offer Clinical Field
Experiences to other schools who currently offer paramedic and EMT programs. Countywide (SB)
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: Agreement
with Florida State University (FSU) to collaborate as partners for the
placement of social work student interns for the period March 5, 2024 through
March 4, 2029 unless terminated earlier, with no financial obligation. Summary:
In 2019, Palm
Beach County’s Public Safety Department (PSD) entered into a five year Agreement
with FSU for the placement of student interns (R2019-0662). The parties wish to
continue the partnership. This Agreement formalizes the
cooperative arrangements between FSU and the PSD for the development and
implementation of the practicum and internship program for social work
students. It outlines the respective duties, responsibilities, policies, and
procedures for FSU and the PSD. FSU will refer students to the PSD that
completed the required prerequisites for the internship. The PSD’s Division of Victim Services and Palm
Beach County Fire Rescue (PBCFR) already have internship programs in place to
train students from local colleges and universities who are seeking degrees in
social work. The County will provide a training program and training
facilities, designate a supervisor, ensure students receive the required
service hours, and evaluate performance by completing evaluations for each
semester. The County and FSU are each
responsible for their own costs. Countywide (RS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Staff recommends
motion to receive and file: Amendment 1 to Standard Contract #COHEC (R2023-1263) with the State of Florida,
Department of Health (DOH), for the period of January 22, 2024 through June 30,
2026. Summary: On
September 12, 2023 the Board of County Commissioners ratified the Mayor’s
signature on a three-year contract with
the DOH in the amount of $846,117 (R2023-1263) for the continuation of advocacy
and forensic exam services to victims of sexual assault. Funding is used for rent expenses of the
Butterfly House, the forensic exam facility, and personnel to include 2 Victim
Advocates, and 1 Forensic Nurse Program Manager. This Amendment was requested
by the County in order to expand the qualifications of the Forensic Nurse
Manager position in order to attract and retain qualified candidates.
Additionally, Amendment 1 to the
standard contract deletes and replaces in its entirety Pages 13 to 23, which
includes Attachment 1 of the original contract with the revised Attachment
I. Revisions include adding the terms
forensic nurse, forensic exam and forensic nurse program manager to the
definitions; changing task list terms from medical exams to forensic exams;
adding that a Forensic Nurse or Forensic
Nurse manager host a presentation each quarter to area hospitals or medical
providers; and amending deliverables to require supporting documentation be
submitted with the quarterly report. On
August 11, 2011, R2011-1223 authorized the County Administrator or
designee to execute contracts and amendments utilizing funding from the State
of Florida, DOH on behalf of the Board of County Commissioners. Over the past
contract cycle (July 1, 2020 through June 30, 2023), 1,530 primary and
secondary victims were assisted with 11,612 services by the contract funded
advocates. Additionally, forensic nurses responded to 646 victims and conducted 620
forensic exams of which 217 were performed at the Butterfly House. Countywide
(RS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
3. Staff recommends
motion to approve:
A) One (1) “At Large” Appointment to the
Emergency Medical Services
Advisory Council (EMS Council) Hospital seat for the term March 5, 2024 through
September 30, 2027. An affirmative vote of 5 is required.
|
Nominee |
Seat |
Designation |
Nominated by |
|
Pam
Tahan |
18 |
Palm
Beach County Hospital Chief Executive Officer (CEO) |
Wellington Regional Medical Center |
B)
One (1) “At Large”
Appointment to the EMS Council Private Ambulance Provider seat, to complete the
vacant term of the former council member, who resigned April 13, 2023. The new term will be March 5, 2024 to
September 30, 2024, including a waiver
of the prohibition against a conflicting employment or contractual relationship
pursuant to Sections 112.313(7)(a) and (12), Florida Statutes. An
affirmative vote of 5 is required.
|
Nominee |
Seat |
Designation |
Nominated by |
|
David
Gobey |
3 |
Private
Ambulance Provider |
Private
Ambulance Service Provider |
Summary: The EMS Council advises the Board of County
Commissioners (BCC) on matters relating to EMS; in addition to proposing and
discussing ideas and projects to improve the quality of EMS in Palm Beach
County. Per Resolution R2014-0100, the
BCC approved a representative make-up of the EMS Council to include twenty (20)
members. Thirteen (13) members are representatives
of the various components of the EMS system with specific requirements and
seven (7) members are Commission District Consumer appointments. On September 30, 2023, one (1) of the three
(3) Hospital CEO seat terms expired. On April 13, 2023, the Private Ambulance
Provider seat resigned. Letters were
received from each affiliation for a new nominee or reappointment of the
current member. Pam Tahan is an
employee of Wellington Regional Medical Center and David Gobey is an employee
of American Medical Response (AMR). AMR
is licensed by Palm Beach County to provide EMS services. This relationship necessitates a waiver
approved by an affirmative two-thirds vote of the BCC (5 votes), pursuant to
Sections 112.313(7)(a) and (12), Florida Statutes, because this entity is
subject to the regulatory authority of the EMS Council. The EMS Council has 16 seats filled, with a
diversity count as follows: Caucasian 15 (94%) and African American: 1 (6%).
The gender ratio (male: female) is 14:2. Staff is addressing the need to increase diversity within our board and
will continue to encourage this to expand this Board’s diversity. Countywide
(SB)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
CC. CAREERSOURCE
1. Staff recommends
motion to approve: the appointment of Elizabeth Rochaine to the CareerSource Palm Beach
County, Inc. Board of Directors (Board) for the seat and term indicated below.
|
Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
|
Elizabeth
Rochaine |
1 |
03/05/24-03/04/31 |
Private Sector |
Wellington Regional Medical Center |
Summary: The Board is to
develop a more efficient system to prepare Floridians for high skill and high
wage jobs, and to oversee Welfare Reform, School- to- Work, and Adult/Literacy
educational training. On October 5, 2021, the Board of
County Commissioners (BCC) approved the
Interlocal Agreement Palm Beach Workforce Development Consortium, which
replaced lnterlocal Agreement R2007-1220; First Amendment to the Interlocal
Agreement R2007-1446; Amendment No. 2 to the Interlocal Agreement R2008-1268;
and Third Amendment to the Interlocal Agreement R2014-1650. The
Agreement states the BCC will appoint private sector board members to assure a
minimum 51% private sector majority. The federal Workforce Innovation and
Opportunity Act requests that an emphasis be placed on Chief Executive Officers
or highest level of management positions for both community and business sector
appointments. Elizabeth Rochaine is the Chief Operating Officer at Wellington
Regional Medical Center. The CareerSource Palm Beach County, Inc. Board of
Directors is comprised of a minimum of 19 members with representation established in Attachment 4.
The Board has a maximum of 33 seats, 24 currently filled and a diversity count
of Caucasian: 18 (75%),
African-American: 3 (13%) and Hispanic: 3 (13%). The gender ratio (female:male)
is: 9:15. The nominee is Caucasian female. Staff is addressing the need to increase diversity within our boards and
will continue to encourage this to expand this Board’s diversity. Countywide
(HH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
DD. 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 for the Palm Beach County
Sheriff’s Office, Palm Beach County Speed and Aggressive Driving Strategy project,
in the amount of $200,000, for the period of December 22, 2023 through
September 30, 2024; and
B) approve a
Budget Amendment of $200,000, increasing the Sheriff’s Grants fund.
Summary: On December 22,
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 a Speed and
Aggressive Driving Strategy project in Palm Beach County. Funds will be used to support overtime costs
associated with the project. The Catalog of Federal Domestic Assistance (CFDA) number
is 20.600, the project number is SC-2024-00300, and the DOT Contract number is
G2P05. There is no match requirement
associated with this award. Countywide (RS)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Grant Award for the FY2023-2024 Coach Aaron Feis Guardian Program from
the Florida Department
of Education (FDOE) for the period of July 1, 2023 through June 30, 2024; and
B) approve
a Budget Amendment of $100,000 in the Sheriff’s Grants Fund.
Summary: On January 18, 2024,
the Palm Beach County Sheriff’s Office (PBSO) received a grant award in the
amount of $100,000 for the Coach Aaron Feis Guardian Program to continue the
Safe Schools Security Guard Training Program (SSSGTP). The SSSGTP is a partnership with the Palm
Beach County School District to ensure all charter schools in Palm Beach County
are equipped with a Safe-School Officer in compliance with Section 1006.12,
Florida Statutes. These funds will be used for overtime and personnel costs to provide
training by qualified sworn deputies/instructors certified by the Criminal
Justice Standards and Training Commission (CJSTC) and to provide program
supervision/oversight. The
contract agreement number is
97K-90210-4D001. The CFSA# is 48.14. There is no match requirement associated with this award. Countywide
(RS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (cont’d.)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Financial Assistance Agreement between the Florida Department of Law
Enforcement (FDLE) and the Palm
Beach County Sheriff’s Office (PBSO) for
the FY2023-24 State Assistance for Fentanyl Eradication (SAFE) in Florida
Program, for the period of July 1, 2023 through June 30, 2024; and
B) approve
a Budget Amendment of $475,000 in the Sheriff’s Grant Fund.
Summary: On
January 25, 2024, the Palm Beach County Sheriff’s Office was awarded a FY2023-24 State Assistance for Fentanyl
Eradication (SAFE) in Florida Program grant from the Florida Department of Law
Enforcement, to conduct joint operations, investigations and other activities
as authorized through FDLE’s SAFE Program.
The period of performance is from July 1, 2023 through June 30,
2024. There is no match requirement associated with this
award. The Catalog of State
Financial Assistance (CSFA) number is 71.002 and the agreement number is
2023-SAFE-SF-046. Countywide (RS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (cont’d.)
4. Staff recommends
motion to:
A) receive & file contract amendment #2 between the Palm Beach
County Sheriff’s Office and the University of North Florida Training and
Services Institute, Inc., d/b/a Institute of Police Technology and Management
(“IPTM”), to provide $5,000 in supplemental funding for the Palm Beach County
Sheriff’s Office’s High Visibility Enforcement (HVE) Project; and
B) approve
a Budget Amendment of $5,000 in the Sheriff’s Grants Fund.
Summary: On September 19,
2023, the Board of County Commissioners (BCC) accepted a grant award on behalf
of the Palm Beach County Sheriff’s Office (PBSO) from the University of North Florida Training and
Services Institute, Inc., d/b/a Institute of Police Technology and Management
(“IPTM”), in the amount of $86,196.06
to pay for overtime costs for PBSO’s High Visibility Enforcement Project in
support of the Florida Department of Transportation’s Bicycle Pedestrian
Focused Initiative (R-2023-1352). On December 19, 2023, the BCC approved supplemental funding in the amount
of $35,439.19 to continue the HVE Project. This contract amendment will provide
$5,000 in additional grant funds, bringing the total award to $126,635.24. There is no match requirement associated
with this award. The Catalog of
Federal Domestic Assistance (CFDA) number is 20.205, the project number is
433144-1-8404, and the FDOT
Contract number is G2M61. Countywide
(RS)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (cont’d.)
5. Staff recommends
motion to:
A) receive and file a First Amendment
to the Interlocal Agreement between the Palm Beach County Sheriff’s Office and
the City of Boynton
Beach to provide $111,000 in supplemental funding through the Florida Department of Law Enforcement
(FDLE) FY23-24 State Assistance for Fentanyl Eradication (SAFE) in Florida
Program; and
B) approve
a Budget Amendment of $111,000 in the Sheriff’s Grant Fund.
Summary: On
November 7, 2023, the Board of County Commissioners (BCC) accepted a grant award in the amount of $110,000 on
behalf of the Palm Beach County Sheriff’s Office (PBSO) from the City of
Boynton Beach through the FY23-24 State Assistance for Fentanyl Eradication
(SAFE) In Florida Program (R2023-1635). This agenda item will provide $111,000
in additional funding to conduct joint operations, criminal investigations and
other activities related to the sale and distribution of fentanyl. There is no match requirement associated with this award. The Catalog of State Financial Assistance (CSFA)
number is 71.002 and the agreement number is 2023-SAFE-SF-004. Countywide
(RS)
EE. WATER RESOURCES
1. Staff recommends
motion to receive and file: Amendment No.1 (Amendment) to Agreement Number 22FRP73 with the Florida
Department of Environmental Protection (FDEP) that was executed by FDEP on
January 18, 2024. The grant provides funding for the construction of a second
by-pass culvert for Indian Trail Improvement District M-2 Impoundment to
improve drainage. Summary: On April 18,
2023 the Board of County Commissioners (BCC) approved the Agreement (22FRP73)
with FDEP and authorized the County Administrator, or designee, to execute the
grant agreement, to sign all future time extensions, task assignments,
certifications, and other forms associated with the agreement, or any necessary
minor amendments that do not substantially change the scope of work, or terms
and conditions of the agreement. The
County Administrator delegated approval authority to the Water Resources
Manager on December 5, 2023. The amendment was reviewed and approved by
the County Attorney before signing by the Water Resources Manager. The amendment changed the project title and
updated several attachments and conditions.
In accordance with 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
6 (MJ)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
FF. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed Palm Beach County FY2024, Category “G” Grant Agreement
managed by the Palm Beach County Sports Commission,
Inc. (Sports Commission), on behalf of the Palm Beach County Tourist
Development Council (TDC) with The Maureen Connolly Brinker Tennis Foundation,
Inc., for the promotion of the “Little Mo” Internationals in Florida, held from
December 1 – 6, 2023, for the term August 1, 2023 – April 6, 2024, in the
amount of $15,000. 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 (Board) adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for The
Maureen Connolly Brinker Tennis Foundation, Inc./“Little Mo” Internationals in
Florida were 1,819. District 1
(YBH)
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) Youth
National Championship, LLC, for the promotion of Battle Youth National
Championship, held from December 4 – 10, 2023, for the term August 4, 2023 –
April 10, 2024. This grantee was approved
by the TDC on September 14, 2023, in the amount of $100,000; and
B) Palm
Beaches Marathon, LLC, for the promotion of the Garden of Life Palm Beaches
Marathon, held from December 9 – 10, 2023, for the term August 9, 2023 – April
10, 2024. This grantee was approved by
the TDC on May 11, 2023, in the amount of $25,000.
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 (Board) 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 Youth National
Championship, LLC/Battle Youth National Championship were 13,547, and room
nights generated for Palm Beaches Marathon, LLC/ Garden
of Life Palm Beaches Marathon were 2,043. District 6 & 7 (YBH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
FF. TOURIST DEVELOPMENT COUNCIL (cont’d.)
3. Staff recommends
motion to approve: a
Cultural Capital Fund Grant Agreement (“Agreement”) between Palm Beach County
and Florida Atlantic University Board of Trustees in the amount of $350,000 to
construct improvements to the recital and lecture hall within the Kurt and
Marilyn Wallach Holocaust and Jewish Studies Building on the Boca Raton campus,
retroactively from September 1, 2023 through December 31, 2026. Summary:
On July 12, 2022, the Board of County Commissioners (Board) approved the
allocation of $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 (R2024-0103) requires the Cultural Council to monitor and
evaluate the activities of each grantee for compliance with each grant
agreement. The grant agreements will fund capital improvements which will
expand and improve resident and visitor experiences in Palm Beach County. Eight agreements were approved by the Board
on January 23, 2024. The Agreement with
Florida Atlantic University Board of Trustees was still in negotiations at that
time and is now being brought to the Board for approval. The remaining $1,000,000 in project(s) will
be submitted to the Board at a later date. These
are County ARPA Response Replacement funds that do not require a local match. District 4 (YBH)
MARCH 5, 2024
3. CONSENT
AGENDA APPROVAL
GG. OFFICE OF RESILIENCE
1. Staff recommends
motion to approve: an indemnification agreement between PACE
Equity, as an Administrator of Florida Resiliency and Energy District, and Palm
Beach County, Florida. Summary:
The Board of County Commissioners (BCC) has authorized a County Property
Assessed Clean Energy (PACE) program for third parties to provide funding for
energy efficiency, renewable energy, and wind-resistant improvements for
residential and commercial properties by levying non-ad valorem assessments on
property owner tax bills. The County enters into interlocal agreements (ILAs)
with multiple PACE agencies/authorities/districts (Districts) for them to
provide the financing for qualifying improvements. Districts are then required
to obtain indemnification agreements from all third party administrators whom
the Districts use to execute PACE financing. In the ILA between Palm Beach
County and the Florida Resiliency and Energy District (FRED) district (R
2017-1098), the BCC authorized the County Administrator or designee to execute
such indemnification agreements with subsequent administrators of FRED. The BCC
then rescinded such delegated authority at the September 10, 2019 BCC meeting.
The Office of Resilience is bringing forth this item because FRED seeks to add
PACE Equity as a PACE third party administrator for commercial projects, thus
requiring an indemnification agreement. This indemnification agreement
acknowledges that PACE Equity is a third party administrator for FRED and that
PACE Equity agrees to indemnify and hold the County harmless as PACE Equity
assists FRED. Countywide (RM)
HH. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve:
A) Award/Contract No.
45310024C0083 with the U. S. Equal Employment Opportunity Commission (EEOC) in
the total amount of $49,375 as payment for processing and resolving employment
discrimination complaints; and
B) an upward Budget Amendment of
$7,375 in the General Fund to adjust the budget to the actual contract amount.
Summary:
Execution of the document is required so that the Office of Equal Opportunity
(OEO) can receive payment for processing and resolving employment
discrimination complaints pursuant to the Worksharing Agreement with the EEOC.
Contract No. 45310024C0083 is for FY 2024 and is for $49,375 ($41,500 for
charge processing, $4,375 for intake services and $3,500 for a joint EEOC/FEPA
enforcement, outreach, or training activity). No County funds are required. Countywide (DO)
* * * * * * * * * * * *
MARCH 5, 2024
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation declaring March 5, 2024 as
Carey Haughwout Day. (District 5)
B) Proclamation
declaring March 8, 2024 as International Grant Professionals Day. (District 7)
C) Proclamation
declaring March 2024 as Ethics Awareness Month. (District 5)
D) Proclamation commemorating the 40th Anniversary of the Education
Foundation of Palm Beach County. (District 1)
E) Proclamation
declaring March 2024 as Irish American Month. (District 5)
F) Proclamation declaring March 18 – 22, 2024 as Government Finance
Professionals Week. (District 1)
G) Proclamation
declaring March 2024 as Let’s Move Palm Beach County Month. (District 2)
H) Certificate
of recognition presented to Chief Frank DeMario for his 25 years of service to
the Palm Beach County Sheriff’s Office. (District 3)
I) Proclamation
declaring March 10 – 17, 2024 as Literacy AmeriCorps Week. (District 2)
J) Certificates
of recognition presented to Alexandria Ayala and Susy Diaz in observance of
International Women’s Day. (District 3)
K) Proclamation
declaring March 10, 2024 as National Women and Girls HIV/AIDS Awareness Day.
(District 6)
L) Recognizing Tarra Enterprises Inc. for 40
Years of Commitment to Palm Beach County. (District 4)
M) Proclamation declaring March 2024 as Women’s History Month. (District 6)
* * * * * * * * * * * *
MARCH 5, 2024
A. COUNTY
ATTORNEY
1. Staff recommends a
motion to adopt: a Resolution stating that it is the Palm
Beach County Board of County Commissioners’ (“County”) intent to initiate the
conflict resolution procedures provided by the Florida Governmental Conflict
Resolution Act to resolve a conflict over the Village of Wellington’s
(“Village”) Ordinance No 2023-17
(“Ordinance”) adopting involuntary annexation of approximately 257.9
acres of land located generally at the intersection of State Road 80 (Southern
Boulevard) and Seminole Pratt Whitney Road.
The Village’s proposed annexation area does not meet the statutory
criteria for annexation and under Section 171.081(2), Florida Statutes the
County must initiate and proceed through the conflict resolution procedures
before filing a petition for writ of certiorari in the circuit court
challenging the Village’s annexation ordinance.
Summary: On January 16 and February 13, 2024, the Village
held public hearings and adopted the Ordinance. Effective December 15, 2024,
the Village seeks to annex 257.9+/- acres located on the north side of Southern
Boulevard adjacent to the western boundary of the Town of Loxahatchee Groves,
through a referendum to be held on March 19, 2024. The Village’s Ordinance is in violation of
Section 171.043, Florida Statutes.
County staff has indicated in letters and expert testimony during the
two public hearings that: (i) the proposed annexation area is not contiguous to
existing Village boundaries; (ii) the area to be annexed is not developed for
urban purposes; and (iii) the proposed annexation area does not satisfy the
requirements of Section 171.043(3), Florida Statutes, because the undeveloped
land does not serve as a bridge to land developed for urban purposes. District
6 (DL)
MARCH 5, 2024
5. REGULAR
AGENDA
B. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to ratify: Coral Cove Emergency Dune Restoration Contract
No. 2023ERM06 (Contract) with Eastman Aggregate Enterprises, LLC
(Contractor) in the amount of $2,017,838.74 to provide dune restoration
services for the Coral Cove Dune Restoration Project (Project), for a term beginning February 1, 2024 and
expiring 90 calendar days from the Notice to Proceed. 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 January 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, the need to protect County infrastructure at Coral
Cove Park from potential future damage, and the fact that dune and beach
construction is not typically 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 federal requirements; the Town
of Jupiter Island (Town) has an existing contract for these services where the
Contractor is the low bidder and 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 February 1, 2024. The Contract allowed an immediate start to
emergency restoration work. 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)
MARCH 5, 2024
5. REGULAR
AGENDA
B. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
2. Staff recommends
motion to ratify: Amendment
No. 1 to the Singer Island Emergency Dune Restoration Contract No. 2023ERM05
(Contract) providing dune restoration services for the Singer Island Dune
Restoration Project (Project). Summary: On January 23, 2024, the Board of County Commissioners ratified the
$2,530,586.50 Contract (R2024-0074) to restore approximately 1.2 miles of
eroded dunes along Singer Island. Due to severe weather conditions, the
original construction access site became inaccessible. As a result,
modifications to the original Contract were deemed necessary. Amendment No. 1
modifies the Contract’s technical specifications, Figure 2 (Exhibit 1) and the Schedule of Payments (Exhibit 2) to
incorporate new equipment and a new construction access site for the
transportation of sand. The total Contract amount is increased by $43,550,
making the new total Contract amount $2,574,136.50. All other Contract terms
remain unchanged. District 1 (YBH)
* * * * * * * * * * * *
MARCH 5, 2024
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 5, 2024
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. Summary: At the February 6, 2018
Board of County Commissioners Meeting, direction was given to the County
Administrator to submit monthly a status report of the board directives. The
report categorizes: 1) In Process Items, and 2) Completed Items. The report
continues to be updated on on an ongoing basis. Countywide (DC)
B. COUNTY
ATTORNEY
MARCH 5, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
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
MARCH 5, 2024
9. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 5, 2024
"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."