BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 9, 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 7 - 41)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 42) -
None
5. REGULAR
AGENDA (Pages 43 - 46)
6. BOARD
APPOINTMENTS (Page 47)
7. STAFF
COMMENTS (Page 48)
8. BCC
COMMENTS (Page 49)
9. ADJOURNMENT (Page 50)
* * * * * * * * * * *
APRIL 9, 2024
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Work
Order to mill and resurface Pratt Whitney Road for two miles.
D. COUNTY ATTORNEY
Page 8
3D-1 Settlement
Agreement with Yannier Palomino Oria.
3D-2 Settlement
Agreement with Amy Schwartz.
3D-3 Settlement
Agreement with Patricia Chait.
F. AIRPORTS
Page 9
3F-1 First Amendment to Declaration of Unity of
Control and Cross Easements/Architectural Restrictive Covenants for the release
of land at the northeast corner of Belvedere Road and Military Trial.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 10
3G-1 Negotiated
settlement of code enforcement lien against Nicole Ventress Barr.
3G-2 Negotiated settlement of code enforcement
lien against Henriclese Dalfinus and Elisia Dalfinus-Charleron.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 11
3H-1 First
Amendment with West Palm Beach VA Medical Center to extend the term of the
Agreement.
Page 12
3H-2 First
Amendment with Boca Raton Regional Hospital Inc. to extend the term of the
Agreement.
APRIL 9, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-3 Work
Order with T&G Corporation for the Mid-County Senior Center Roof
Replacement project.
Page 14
3H-4 Amendment
No. 1 with The Weitz Company, LLC establishing a Guaranteed Maximum Price for
the Main County Courthouse Buildout and Renovations.
Page 15
3H-5 Amendment
No. 3 with D. Stephenson Construction, Inc. establishing a Guaranteed Maximum
Price for the Water Utilities Department Wastewater Repump Station A project.
Page 16
3H-6 Change
Order No. 8 with D. Stephenson Construction, Inc. for the Canyon Branch Library
project.
Page 17
3H-7 Change
Order No. 8 with Kast Construction Company LLC for PBSO Headquarters
Renovations – Exterior and Interior project.
Page 18
3H-8 Consultant
Services Authorization No. 3 with Song & Associates, Inc. for the Vista
Center Expansion project.
Page 19 - 20
3H-9 Emergency
contract with Audio Video, Inc. to provide multimedia systems package services
for the new Supervisor of Elections Production Facility.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 21
3I-1 Resolution authorizing the execution of an
amendment to the financing agreement in connection with the issuance of the
issuer’s Industrial Development Revenue Bond.
Page 22
3I-2 Resolution approving the reissuance of Housing
Finance Authority Multifamily Mortgage Revenue Note Series 2022 – Inland Cove.
Page 23
3I-3 Budget Transfer and Amendment to allocate
funds for Melissa’s Place FKA Royal Palm Lakes Apartments project.
APRIL 9, 2024
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 24 - 25
3I-4 County’s Industrial Development Revenue
Bond with Provident Group.
K. WATER UTILITIES
Page 26
3K-1 Subordination
of County Utility Interests to FDOT.
3K-2 Full
Release of Utility Easement.
Page 27
3K-3 Request
to pursue funding from FDMS for local government Cybersecurity Grant Program
M. PARKS & RECREATION
Page 28
3M-1 Sponsorship Agreement with Nostaligic
America, Inc. for Legenda on the Lawn events at Canyon Amphitheater.
3M-2 Two Entertainment Contractor Agreements.
Page 29
3M-3 Sound and Light Production Services
Contractor Agreement with Sanderford Sound, Inc.
3M-4 Infrastructure Surtax Project Plan Amendment.
Page 30
3M-5 Land and Water Conservation Fund Grant
Agreement for the Villages of Windsor Park Development Phase One Project.
Page 31
3M-6 Ratify the Mayor’s signature on DEO Grant
Agreement for the Peanut Island Historic Restoration project.
Page 32
3M-7 Ratify the Vice Mayor signature on Land and
Water Conservation Fund Grant Application for the construction costs for the
Canyon District Park Phase Two project.
P. COOPERATIVE EXTENSION SERVICE
Page 33
3P-1 Grant
Agreement with the Western Palm Beach County Farm Bureau, Inc. for the 2024
Palm
Beach County Sweet Corn Fiesta.
APRIL 9, 2024
TABLE OF CONTENTS
CONSENT AGENDA
Q. CRIMINAL JUSTICE COMMISSION
Page 34
3Q-1 Board
appointment of four (4) new members to the Criminal Justice Commission.
S. FIRE RESCUE
Page 35
3S-1 Amendment
memo to the FEMA FY2022 Staffing for Adequate Fire and Emergency Response Grant
Program.
3S-2 Fire
Rescue Improvement Fund Budget Transfer.
3S-3 Lease
Agreement for the Use of School Facilities with the School Board of Palm Beach
County for Fire Rescue Promotional testing.
Page 36
3S-4 Board
appointments to the Regional Hazardous Materials Oversight Committee.
U. INFORMATION SYSTEMS SERVICES
Page 37
3U-1 Participation
Agreement revision of the signature block of the contract with CivicPlus, LLC.
AA. PALM TRAN
Page 38
3AA-1 Fiscal Year 2024 Certification and Assurances
to the Federal Transit Administration.
3AA-2 Amendment to the agreement with South Florida
Regional Transportation Authority.
CC. SHERIFF
Page 39 - 40
3CC-1 Budget Transfer from the Law Enforcement Trust
Fund.
DD. OFFICE OF RESILIENCE
Page 41
3DD-1 Subrecipient
Commitment Form with FAU for a National Oceanic and Atmospheric Administration
Climate Ready Workforce grant application.
PUBLIC HEARINGS – 9:30 A.M.
Page 42
None.
APRIL 9, 2024
TABLE OF CONTENTS
REGULAR AGENDA
A. COUNTY ATTORNEY
Page 43
5A-1 Resolution calling for a referendum for the
purpose to levy a discretionary sales surtax.
B. FACILITIES DEVELOPMENT & OPERATIONS
Page 44
5B-1 Ordinance to the Palm Beach County
Procurement/Purchasing Code.
C. HOUSING AND
ECONOMICE DEVELOPMENT
Page 45
5C-1 SHIP Program award to Gulfstream Goodwill
Industries, Inc.
Page 46
5C-2 SHIP Program award to Housing Partnership,
Inc.
BOARD
APPOINTMENTS (Page 47)
A. Planning, Zoning, and Building
appointment of one member to the Zoning Commission.
B. Commission District Appointments
STAFF
COMMENTS (Page 48)
BCC COMMENTS (Page 49)
ADJOURNMENT (Page 50)
APRIL 9, 2024
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file: Warrant List – Backup information can be
viewed in the Clerk & Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting Type
March
12, 2024 Regular
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Work
Order 2021050-89 in the amount of $443,000 to
mill and resurface Pratt Whitney Road from Indiantown Road for two miles south
utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing
contract R2021-0985 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a All
County Paving (M&M). 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 2 miles of Pratt Whitney Road’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. To date, the Engineering and Public Works Department has
resurfaced approximately 400 lane miles within the last 2.5 years under the
cumulative $50 million asphalt resurfacing Contract. Prior to this
meeting date, approximately $8 million of the $50 million M&M 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. On September 8, 2023, the Office of Equal Business
Opportunity reduced the mandatory SBE participation from 15% to 11%, based on
the findings of the requested waiver and good faith efforts provided by
M&M. M&M agreed to 10% SBE
participation for this work order. Their cumulative SBE participation, including
this work order is 10%. District 1
(YBH)
APRIL 9, 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
$85,000 in the personal injury action styled Yannier Palomino Oria v. PALM BEACH COUNTY, Case No.:
2020CA008527MBAB. Summary: This is a personal injury lawsuit arising from a motor vehicle accident that occurred on September 13,
2018 on 45th Street at or near Metrocentre Boulevard, West Palm
Beach (Intersection). While stopped at a
red light at the Intersection, Plaintiff Yannier Palomino Oria’s vehicle was
struck from behind by a County owned vehicle driven by an Engineering and
Public Works Department employee. This
accident resulted in personal injuries to Mr. Palomino, medical bills in excess
of $69,000, and recommendation for neck and back surgery. Palm Beach County has entered into an agreement
to settle the lawsuit with Mr. Palomino in the total amount of $85,000,
inclusive of attorney’s fees and costs, pending approval by the Palm Beach
County Board of County Commissioners. Countywide
(TAB)
2. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$120,000 in the personal injury action styled AMY SCHWARTZ v. PALM BEACH COUNTY, Case No.: 2022CA008161XXXXMB (AI). SUMMARY:
This is a personal injury lawsuit arising from a motor vehicle
accident that occurred on September 4, 2019 on N. Jog Road and Okeechobee
Boulevard, West Palm Beach. While
stopped at a red light on Jog Road on the north-side of Okeechobee Boulevard,
Plaintiff Amy Schwartz, the driver of a 2015 Town and Country minivan was
struck from behind by County owned 2018 Ford F-250 driven by an Animal Care and
Control employee. This accident resulted
in personal injuries to Ms. Schwartz and medical bills in excess of
$367,200.14. Palm Beach County has
entered into an agreement to settle the lawsuit with Ms. Schwartz in the total
amount of $120,000, inclusive of attorney’s fees and costs, pending approval by
the Palm Beach County Board of County Commissioners. Countywide (NWB)
3. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$135,000 in the personal injury action styled Patricia Chait v. Palm Beach County, Case No. 502022CA006736XXXXMBAG. Summary:
This is a personal injury lawsuit arising from a Palm Tran bus accident
with a bicyclist that occurred on December 7, 2021 on East Blue Heron Blvd. and
Lake Drive in West Palm Beach. The then-63-year-old Plaintiff,
Patricia Chait, was travelling on her electric bicycle in the bike lane, when
the Palm Tran Bus veered into the bike lane and hit Ms. Chait. This accident resulted in personal injuries to
Ms. Chait and medical bills of approximately $182,799.40. Palm
Beach County has entered into an agreement to settle the lawsuit with Ms. Chait
in the total amount of $135,000, inclusive of attorney’s fees and costs pending
approval by the Palm Beach County Board of County Commissioners. Countywide (KGB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: a First Amendment
(Amendment) to Declaration of Unity of Control and Cross
Easements/Architectural Restrictive Covenants (Unity of Control), providing for
the release of approximately 407 square feet (0.009 ac.) of land at the
northeast corner of Belvedere Road and Military Trail (Right-of-Way Parcel)
from the Unity of Control to allow the Right-of-Way Parcel to be dedicated to
Palm Beach County (County) as public road right-of-way by the landowner, Murphy
Oil USA, Inc. Summary: The Unity of Control was created in 1999
(R99-2242) by the owners within a Multiple Use Planned Development (MUPD),
consisting of approximately 24.786 acres of land at the northeast corner of
Belvedere Road and Military Trail. The Unity of Control included the County as
the owner of approximately 12.112 acres of land within the MUPD. The Unity of Control was required as a
Condition of Approval of the zoning application approved originally by
Resolution 1993-509 and provides for mutual and reciprocal easements for
ingress and egress, parking, drainage and utilities, and architectural
consistency, for the proper development of the MUPD. The Unity of Control is recorded at Book
11511, Page 1567, of the public records and encumbers all of the properties
within the MUPD. The County conveyed
approximately 8.525 acres of land to Wal-Mart Stores East, LP, in 2003
(R2003-0313) and remains the current owner of approximately 3.5 acres of land
within the MUPD (Parcel Control Numbers 00-42-43-25-29-001-0000 and
00-42-43-25-31-001-0020), which is located entirely within the Palm Beach International
Airport runway protection zone. Murphy
Oil USA, Inc. (Murphy) is the owner of approximately 1.45 acres within the MUPD
at the corner of Belvedere Road and Military Trail and desires to redevelop its
property. In order to redevelop the
property, the County’s Engineering and Public Works Department is requiring
Murphy to dedicate the Right of Way Parcel to the County. The Amendment releases the Right of Way
Parcel from the Unity of Control to satisfy a requirement of the title
insurance company for the issuance of title insurance for the Right of Way
Parcel. The County’s remaining property is not affected by the Amendment or the
release of the Right of Way Parcel from the Unity of Control. Countywide (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$20,050 for the full satisfaction of a code enforcement lien entered against
Nicole Ventress Barr on July 10, 2019. Summary:
On November 9, 2018, a Code Enforcement Special Magistrate (CESM)
issued an order giving Nicole Ventress Barr until February 5, 2019 to bring her
property located at 12391 Bimini Ave, Palm Beach Gardens into full code
compliance. Violations imposed against the property included overgrown
vegetation, expired permits, shutters on the windows, and no numerical address
designation posted on the premises. 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 Ms. Barr on July 10, 2019. The Code
Enforcement Division (Code Enforcement) issued an affidavit of compliance for
the property on February 2, 2024. Settlement discussions began on February 2,
2024, when the total accrued fines amounted to $91,149.65. Mr. Dominic
DeCesare, the legal representative for Ms. Barr’s estate, has agreed to pay
Palm Beach County $20,052 (22%) for full settlement of the outstanding code
enforcement lien. District 1 (SF)
2. Staff recommends
motion to approve: a negotiated settlement offer in the amount of
$6,882 for the full satisfaction of a code enforcement lien entered against
Henriclese Dalfinus and Elisia Dalfinus-Charleron on September 4, 2013. Summary: On December 5,
2012, a Code Enforcement Special Magistrate (CESM) issued an order giving
Henriclese Dalfinus and Elisia Dalfinus-Charleron until February 3, 2013 to
bring their property located at 3919 Kirk Road, Lake Worth into full code
compliance. Violations imposed against the property included disrepair of the
roof, foundation walls, and fencing. Compliance with the CESM’s order was not
achieved in a timely manner, and a fine of $100 per day was imposed. The CESM
then entered a claim of lien against Henriclese Dalfinus and Elisia
Dalfinus-Charleron on September 4, 2013. The Code Enforcement Division issued
an affidavit of compliance for the property on March 4, 2015. Settlement
discussions began on February 13, 2024 when the total accrued fine amounted to
$45,874.30. Mrs. Dalfinus-Charleron has agreed to pay Palm Beach County $6,882
(15%) for full settlement of the outstanding code enforcement lien. District
3 (SF)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: First Amendment to Amended and Restated Agreement
(R2020-0433) (“Agreement”), with the West Palm Beach VA Medical Center
(“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 (“System”) from
May 3, 2024 to May 2, 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 interagency
communications, expires on May 2, 2024. The Agreement provided for two
(2) renewal options, each for a period of five (5) years. Hospital has
approved the amendment to extend the term of the Agreement to May 2, 2029, and the
renewal now requires Board approval. The terms of the Agreement are standard
and have been offered to all municipalities, 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. This
First Amendment extends the term of the Agreement, updates the standard
operational provisions, 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)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
2. Staff recommends
motion to approve: First Amendment to Amended and Restated Agreement
(R2019-1306) (“Agreement”), with Boca Raton Regional 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 (“System”) from May 18, 2024, to May 17,
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 interagency communications, expires on May 17, 2024.
The Agreement provided for two (2) renewal options, each for a period of
five (5) years. Hospital has approved the amendment to extend the term of
the Agreement to May 17, 2029, and the renewal now requires Board approval. The
terms of the Agreement are standard and have been offered to all
municipalities, 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. This First Amendment 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)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
3. Staff recommends
motion to approve: Work Order No. 24-003 to the annual roofing
contract (2024-0061) with T & G Corporation dba Bowhead Roofing (Contractor)
in the amount of $708,016.48 for the Mid-County Senior Center-Roof Replacement project
for a period of 120 calendar days from notice to proceed. Summary:
The existing roof at the Mid-County Senior Center, located at 3680 Lake Worth
Road in unincorporated Lake Worth, is approximately 17 years old and is at the
end of its service life. The new roofing system will provide for years of
weather tight protection. 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
120 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 roofing contract
and the requirements of the Equal Business Opportunity (EBO) Ordinance. The
roofing annual contract was presented to the Goal Setting Committee on July 15,
2020 and the Committee established Affirmative Procurement Initiatives (APIs)
of sheltered market for projects less than $100,000 (when three (3) or more
small businesses are qualified under the annual contract) or an SBE contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid for projects $100,000 or greater. Since this project is
greater than $100,000, the SBE price preference API was applied. There is no
SBE participation on this Work Order. Cumulative SBE participation on the
annual roofing contract is 26.37%. Funding for this project is from the
Infrastructure Sales Tax Fund. (Capital Improvements Division) District
3 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
4. Staff recommends
motion to approve: Amendment No. 1 to the Construction Manager (CM) at
Risk Services contract (R2023-0295) with The Weitz Company, LLC (CM),
establishing a Guaranteed Maximum Price (GMP) in the amount of $2,510,990.72 for
the Main County Courthouse (MCCH) Buildout and Renovations-New Mailroom project
for a period of 368 calendar days from notice to proceed. Summary:
On March 14, 2023, the Board of County Commissioners (Board) approved the
CM at Risk Services contract (R2023-0295) with the CM for the MCCH Buildout and
Renovations project. The MCCH Buildout and Renovations-New Mailroom project includes,
but is not limited to, the construction of a centralized mailroom which will
serve all court partners. The new mailroom will be located in the basement of
the MCCH in order to provide a secure location which is environmentally
isolated from the remainder of the building. Amendment No. 1 establishes a GMP
in the amount of $2,510,990.72 for the construction management services
necessary for the construction of the MCCH Buildout and Renovations-New
Mailroom. Work includes, but is not limited to, selective demolition of the
existing non-structural masonry walls, acoustical ceiling tile system, cutting
and removal of concrete foundations in select areas, construction of new spaces
for the Clerk of the Circuit Court and Comptroller, and the 15th
Judicial Circuit Court Administration including adding additional walls and
doors, concrete slab infill, mechanical, electrical, plumbing, fire protection,
built in casework and specialized mailroom equipment. The CM will have 368
calendar days from notice to proceed to substantially complete the construction
phase of the project. Liquidated damages for failure to achieve certification
of substantial completion within the contract time or approved time extension
thereof are $439 per day. The CM was selected through a competitive
solicitation in accordance to the Equal Business Opportunity (EBO) Ordinance.
On April 5, 2023, the Goal Setting Committee (GSC) established for the GMP, an
Affirmative Procurement Initiative (API) of 20% mandatory Small Business
Enterprise (SBE) participation of which 5% must be African American and/or
Hispanic American businesses. The SBE participation on the construction trade
contracts for this GMP is 22.18% of which 12.79% is African American and/or
Hispanic American businesses. In accordance with Attachment 3 of Policy and
Procedures Memorandum (PPM) CW-O-043, the GSC applies the APIs applicable to
the construction phase of the contract (i.e. the subcontracts) before
subcontractor bidding so that the SBE
participation for the GMP is based on the subcontracting trades associated with
the GMP and does not include the CM’s fees. The CM is not a certified
Small/Minority/Women-Owned Business Enterprise (S/M/WBE), but has partnered
with All-Site Construction Inc., an S/MBE firm for services in an amount not
less than 15% of its preconstruction and construction phase fees. The
Contractor has an office located in Palm Beach County. Funding for this
project is from the Infrastructure Sales Tax and Public Building Improvement
Funds. (Capital Improvements Division) District 7 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
5. Staff recommends
motion to approve: Amendment No. 3 to the continuing Construction
Manager (CM) at Risk Services contract (R2020-1689) with D. Stephenson
Construction, Inc. (CM), establishing a Guaranteed Maximum Price (GMP) in the
amount of $1,766,979 for the Water Utilities Department (WUD) Wastewater Repump
Station A project for a period of 369 calendar days from notice to
proceed. Summary: On November 17, 2020, the Board of County
Commissioners (Board) approved the continuing CM at Risk Services contract
(R2020-1689) with the CM for construction management services for various
capital projects. Amendment No. 3 establishes a GMP in the amount of $1,766,979
for construction management services necessary for the WUD Wastewater Repump
Station A project. The WUD Wastewater Repump Station A project includes, but is
not limited to, the reroofing and new aluminum mansard roof for the WUD
Wastewater Repump Station A facility. The CM will have 369 calendar days from
notice to proceed to substantially complete the construction phase of the
project. Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $180
per day. This continuing CM at Risk Services contract was solicited pursuant to
the requirements of the Equal Business Opportunity Ordinance (EBO). This
continuing CM at Risk Services contract was presented to the Goal Setting
Committee (GSC) on December 4, 2019 and the Committee established Affirmative
Procurement Initiatives (APIs) of a small business enterprise (SBE) evaluation
preference up to 10 points for the SBE Participation Plan and a mandatory 20%
SBE subcontracting goal on the contract. The SBE participation on the
construction trade contracts for this GMP is 27.47%. In accordance with
Attachment 3 of Policy and Procedure Memorandum (PPM) CW-O-043, the GSC applies
the APIs applicable to the construction phase of the contract (i.e. the
subcontracts) before subcontractor bidding so that the SBE participation for
the GMP is based on the subcontracting trades associated with the GMP and does
not include the CM’s fees. The SBE participation on the contract to date is
17.33%. The CM is a local business. Funding for this project is from the WUD
Operation & Maintenance Fund. (Capital Improvements Division) District
3 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
6. Staff recommends
motion to approve: Change Order No. 8 to Amendment No. 1 (R2022-0593)
to the Construction Manager (CM) at Risk Services contract (R2020-0435) with D.
Stephenson Construction, Inc. for the Canyon Branch Library project in the
amount of $49,037.29, increasing the project duration by 110 calendar
days. Summary: On June 14, 2022, the Board of County
Commissioners (Board) approved Amendment No. 1 (R2022-0593) to the CM at Risk
Services contract (R2020-0435) with D. Stephenson Construction, Inc., in the
amount of $24,285,338 establishing a Guaranteed Maximum Price (GMP) for
construction management services for the construction of the Canyon Branch
Library. Change Order No. 8 to Amendment No. 1 (Change Order No. 8) authorizes
the additional labor and materials necessary for additional general
construction and owner requested mechanical/electrical revisions for the Canyon
Branch Library project. Change Order No. 8 also increases the project duration
by 110 calendar days associated with the long lead time of materials
procurement, delivery and installation of the new chiller unit and Florida
Power & Light (FPL) easement requirements. Change Order No. 8 uses project
contingency funds in the amount of $121,299.22 associated with scope gap for
additional life safety requirements mandated by Palm Beach County Fire Rescue
after the issuance of the building permit, as allowed by the contract
provisions. The CM was solicited pursuant to the requirements of the Equal Business
Opportunity (EBO) ordinance. On August 5, 2021, the Goal Setting Committee
established an Affirmative Procurement Initiative (API) of 20% Small Business
Enterprise (SBE) subcontracting goal of which 8% must be African American or
Hispanic American firms. The SBE participation for this change order is 8.18%
of which 5.74% is African American or Hispanic American firms. To date, the
overall SBE participation on this contract is 26.39% of which 16.27% is African
American or Hispanic American firms. Funding for this project is from the
Library Expansion Program Fund. (Capital Improvements Division) District
5 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
7. Staff recommends
motion to approve: Change Order No. 8 to Amendment No. 3 (R2021-0345)
to the Construction Manager (CM) at Risk Services contract (R2020-0249.1) with
Kast Construction Company LLC for the Palm
Beach Sheriff’s Office (PBSO) Headquarters Renovations-Exterior and Interior
project in the amount of $1,349,237.86. Summary: On March 9, 2021, the
Board of County Commissioners (Board) approved Amendment No. 3 (R2021-0345) to
the CM at Risk Services contract (R2020-0249.1) with Kast Construction Company
LLC in the amount of $33,653,791 establishing a Guaranteed Maximum Price (GMP)
for construction management services for the PBSO Headquarters
Renovations-Exterior and Interior project. The PBSO Headquarters
Renovations-Exterior and Interior project entails interior and exterior work
including, but not limited to, hardening the existing exterior wall and window
systems including new wall cladding to be installed for hurricane protection;
adding new reinforced concrete walls; replacement of the existing roofing
system; replacement and upgrades to the Heating, Ventilation and Air
Conditioning (HVAC) systems; renovation of the fire suppression and lighting
systems; and renovations and
modifications to the interior of all three levels of the facility to
accommodate additional offices, workstations and conference spaces. Change
Order No. 8 to Amendment No. 3 (Change Order No. 8) authorizes the labor and
materials necessary for additional work and modifications to the low voltage,
electrical, plumbing and mechanical systems, as well as additional testing and
general contracting work for the PBSO Headquarters Renovations-Exterior and
Interior project that were unforeseen and unknown at the scope development
phase and that were requested by PBSO during the construction phase. The
project is currently in the close out phase, with a temporary certificate of
occupancy (TCO) in place allowing for staff fit-out and move in. Staff is
currently working with the CM in final project reconciliation. The CM at Risk
Services contract with Kast Construction Company LLC was awarded pursuant to
the Small Business Enterprise (SBE) ordinance; however, Amendment No. 3, having
been initiated after January 1, 2019, is subject to the requirements of the
Equal Business Opportunity (EBO) Ordinance. Kast Construction Company LLC is
not an SBE, but has partnered with All-Site Construction, Inc., an SBE CM. In
September 2020, prior to subcontractor advertisement and bidding, the Goal
Setting Committee applied an Affirmative Procurement Initiative (API) to the
construction subcontracts of 25% SBE participation, of which 5% must be a
Minority Business Enterprise (MBE) African American or Hispanic American. SBE
participation on this Change Order is 21.25%. There is no MBE participation
(African American and/or Hispanic American). To date, the overall SBE
participation on this project is 39.27% SBE subcontracting participation of
which 6.77% is MBE participation (African American and/or Hispanic American).
Kast Construction Company LLC is a Palm Beach County business. Funding for this
project is from the Public Building Improvement Fund. (Capital Improvements
Division) District 3 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
8. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 3 to
the consulting services/design professional services contract (R2023-0584) with
Song & Associates, Inc. (Consultant)
in the amount of $2,552,082.18 for the Vista Center Expansion project. Summary:
On May 2, 2023, the Board of County Commissioners (Board) approved the
consulting services/design professional services contract (R2023-0584) with the
Consultant to provide consulting services/design professional services for the
Vista Center Expansion project. This item will authorize professional services
for CSA No. 3 for the Vista Center Expansion project. As a result of the
Building Division’s increased workforce and its need for an emergency control
center, the Planning, Zoning and Building Department desires an expansion of
the existing Building Division facility in order to properly support its
operations. Under CSA No. 3, the Consultant will provide professional services
(i.e., design, site planning, interior space planning, project documentation,
permitting, bidding and construction administration services) necessary for the
new two-story approximately 60,000 square feet expansion of the Vista Center’s
office, new three-story parking garage structure and the redesign of the
existing parking and driveway areas north of the existing Vista Center building
(approximately 3.6 acres) to accommodate the needs of the County’s Building
Division. Professional services include, but are not limited to, professional
engineering and architectural consultation, customary services such as civil,
structural, mechanical, electrical, plumbing, fire protection, architectural,
surveying, geotechnical, planning, landscaping, security, traffic, permitting
and regulatory services as well as any specialty sub consultant services
necessary to complete the required scope of work. The project was presented to
the Goal Setting Committee on April 20, 2022. The Committee established
Affirmative Procurement Initiatives (APIs) of a minimum mandatory participation
goal of 20% Small Business Enterprise (SBE) participation and a Minority
Business Enterprise (MBE) evaluation preference for African American firms. The
Consultant committed to a 26% SBE participation goal, of which 11% is MBE
participation from an African American business for this contract. However, due
to the recent acquisition of one of the Consultant’s SBE team members and the
graduation of another SBE team member, Consultant is not projected to meet its
original SBE commitment. As such, the
SBE goal for Consultant has been temporarily reduced to 20%. The SBE
participation for this CSA is 20.68%, of which 13.74% is MBE participation from
an African American business. To date, the overall SBE participation on this
contract is 19.90%, of which 13.14% is MBE participation from an African
American business. The Consultant is a local firm and a graduate from the EBO
program. Funding for this project is from the Building Capital Fund. (Capital
Improvements Division) District 7 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
9. Staff recommends
motion to approve: an Emergency
Contract with Pro Audio Video, Inc. (PAVI) to provide multimedia systems
package services for the new Supervisor of Elections (SOE) Production Facility
in the amount of $880,088.15 from April 9, 2024 to June 14, 2024. Summary:
On November 19, 2019, the Board of County Commissioners (Board) approved
the contract with Kast Construction Company LLC (Kast) for construction
management services for the SOE Production Facility project. On December 7,
2021, the Board approved Amendment No. 1 (R2021-1793) for the construction of
approximately 156,000 square feet of office and warehouse space which will
house the SOE administrative offices and production facility operations; a
multi-story parking garage of approximately 146,000 square feet and additional
surface parking for both public and staff use; including all the associated
site infrastructure improvements required to support both buildings. At the
time of project commencement in March 2022, the base project included the
infrastructure required to support multimedia systems and, using the County’s
standard level of service as the basis, Staff included in the project budget an
allocation for funding the associated multimedia systems equipment.
Concurrently with construction of the facility, the scope of multimedia systems
equipment to be acquired was to be further refined with SOE staff and delivered
by Kast. Refinement of the scope led to
SOE operations requiring a significantly increased level of service when
compared to standard County operations. In January 2024, following several
months of coordination with SOE staff and the design team (Song and Associates,
Inc., SAI), Kast provided County staff a construction change proposal (CCP)
totaling approximately $1.2M to deliver the required multimedia package systems
services. Additional coordination
occurred to further refine the scope of work and a revised CCP was provided
totaling approximately $2.4M. Upon review, County staff, its consultants and
SOE staff found themselves unable to recommend approval of the CCP; the
proposed cost being a main opposing reason. Following receipt of the revised
CCP, SAI assisted County staff in researching other potential avenues to
deliver the required services. PAVI was
identified as a feasible alternative, at a significantly reduced cost and
capable of delivering the required services within the stringent schedule
mandated by SOE operations.
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
9. SUMMARY
(cont’d.) In order for the new SOE facility to support election activities, the
multimedia systems package must be installed, operational as per the
requirements specified by SOE staff, and all work must be completed by June 14,
2024. Sections 2-52 and 2-54(f)(4) of the County’s Purchasing Code allow for an
emergency purchase when the delay incident to complying with all governing
rules, regulations, or procedures would be detrimental to the interests,
health, safety, or welfare of the County. Election activities are inherently
critical in nature and of upmost public interest. Due to the time constraints
associated with meeting SOE operational requirements, and the inability to
secure the services at a reasonable and fair price through the construction
management at risk services contract, staff is recommending approval of this
Emergency Contract. This project is funded by the 51.05M NAV Pub Imp Rev Bonds,
21A, CP, SOE Bldg Fund and the Public Building Improvement Fund. (Capital
Improvements Division) District 7 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida
(the "Issuer") authorizing the execution of an amendment to the
financing agreement originally entered into in connection with the issuance of
the issuer's Industrial Development Revenue Bond (the Raymond F. Kravis Center
for the Performing Arts, Inc. project), Series 2018 the proceeds of which were
used for the purpose of providing funds to make a loan to the Raymond F. Kravis
Center for the Performing Arts, Inc. (the "Borrower") to provide
funds to finance the cost of all or a portion of the acquisition, construction
and equipping of certain facilities of the borrower; authorizing certain
officials of the issuer to take certain action in connection with the
amendment; and providing an effective date.
SUMMARY: The Bond was issued on December 11, 2018 to finance the
acquisition, construction, renovation and equipping of tourism facilities
located at 701 Okeechobee Boulevard, West Palm Beach, FL 33401. The Borrower
has requested that the County enter into the Third Amendment related to the
Bond. The Third Amendment, at the request of the Bondholder and the Borrower,
removes a provision that could cause a change in the interest rate upon a
change in the maximum marginal federal tax rate. Neither the taxing power nor the faith
and credit of the County nor any County funds, shall be pledged to pay the
principal, premium, if any, or interest on the Bond. District 2 (DB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
2. Staff recommends
motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida; approving the reissuance of
Housing Finance Authority of Palm Beach County, Florida, Multifamily Mortgage
Revenue Note, Series 2022 (Island Cove), by the Housing Finance Authority of
Palm Beach County, Florida (the “Authority”) in the principal amount of
$18,200,000 (the “Bonds”). SUMMARY:
The Bonds were issued by the Authority to finance a portion of the costs of
acquiring, constructing and equipping a multifamily rental housing facility
containing approximately 60 units known as Island Cove (the “Project”). The Project is located at 900 SW 12th Avenue,
Delray Beach, FL 33444. The Authority
will require that the units be rented to qualified persons and families whose average
household incomes do not exceed 60% of area median income and all of the units
are to be rented to qualified persons or families whose maximum household
incomes do not exceed 80% of area median income for a fifty (50) year
affordability period. The Borrower is Island Cove, LLC, a Florida limited
liability company, or an affiliate thereof (the “Borrower”). The Bonds are payable solely from revenues derived from the Borrower and/or other
collateral provided by or on behalf of the Borrower. Bryant Miller Olive, P.A. is
Bond Counsel to the Authority with respect to the Bonds. The original issuance of the Bonds was
approved by the County Commission in Resolution No. R2022-0524 of the Board of
County Commissioners of Palm Beach County, Florida adopted May 17, 2022. The
Authority adopted Resolution No. R2024-02 on March 8, 2024, which approves an
amendment to the Funding Loan Agreement pursuant to which the Bonds were
issued, that allows an additional amount of principal of the Bonds to remain
outstanding upon the conversion of the Bonds from the construction phase to the
permanent phase. This increase in the
principal amount of Bonds to remain outstanding (currently estimated to be $500,000)
results in a technical refunding of the Bonds as the result of the reissuance
of the Bonds at conversion with a greater principal amount. Since the additional principal amount will
cause the weighted average maturity date of the Bonds post-conversion to be
later than the current weighted average maturity date, the reissued Bonds must
receive approval from the Board of County Commissioners following a public
hearing in accordance with section 147(f) of the Internal Revenue Code of 1986
(the “Code”) prior to the date of such conversion. The Authority conducted a
duly noticed public hearing on March 8, 2024 in accordance with section 147(f)
of the Code. In the event of any audit, examination or investigation by the
Internal Revenue Service with respect to the tax-exempt status of the Bonds or
any other related tax matters, the Borrower shall be responsible for retaining
qualified counsel to respond to such audit. Neither the taxing power nor
the faith and credit of the County nor any County funds are pledged to pay the
principal, redemption premium, if any, or interest on the Bonds. District 7 (HJF)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
3. Staff recommends
motion to approve:
A)
a Budget
Transfer of $100,000 in the Housing and Economic Development Fund to set up
transfer and allocate additional funds for Melissa’s Place FKA Royal Palm Lakes Apartments project to
be funded from Federal Community Development Block Grant (CDBG) funds; and
B) a Budget Amendment of $100,000
in the Public Building Fund to recognize the transfer from the CDBG Fund and to
appropriate funds for Melissa’s Place
FKA Royal Palm Lakes Apartments project.
SUMMARY: On July 13, 2021, the Board of County Commissioners
(BCC) adopted Resolution Number R2021-0948 that approved the Fiscal Year
2021-2022 Action Plan. The Action Plan is Palm Beach County’s application to
HUD for funding under the CDBG, HOME and ESG Programs. Included in the Action Plan was an allocation
of Federal Community Development Block Grant (CDBG) funds for Melissa’s Place FKA Royal Palm Lakes
Apartments for $305,000.
An additional $100,000 is necessary for demucking in the areas where the
gazebo and sidewalk are to be built. The
Memoranda of Understanding (MOU) between the Department of Facilities
Development and Operations (FDO) and the Department of Housing and Economic
Development (HED) requires that interdepartmental budget transfers be
established to reimburse FDO for eligible project costs. The budget transfer and amendment are
necessary to appropriate the required budget.
These are CDBG funds which
require no local match. District
6 (HJF)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
4. Staff recommends
motion to:
A) approve the
application of the Provident Group – LU Properties II LLC (the “Borrower”) for
the issuance of the County’s Industrial Development Revenue Bond (the
“Provident Group – LU Properties II LLC – Lynn University Housing Project”),
Series 2024, in a principal amount not to exceed $90,000,000 (the “Bonds”); and
B) adopt a Resolution of the Board
of County Commissioners of Palm Beach County, Florida, authorizing the issuance
of one or more series of its Revenue Bonds (Provident Group – LU Properties II
LLC – Lynn University Housing Project), Series 2024 (the "Bonds"), in
an aggregate principal amount not to exceed $90,000,000.
SUMMARY: On March
12, 2024, the Board conducted a Tax Equity & Fiscal Responsibility Act
(TEFRA) Public Hearing and adopted a Resolution (the “TEFRA Resolution”)
concerning the issuance of the Series 2024 Revenue Bonds for Provident Group –
LU Properties II LLC in an amount not to exceed $125,000,000. Provident Group – LU Properties II LLC (the
"Borrower"), has requested that the County issue its Revenue Bonds
(Provident Group – LU Properties II LLC – Lynn University Housing Project),
Series 2024 (the "Bonds"), under the Florida Industrial Development
Act, 159.25 et. seq., Florida Statutes in an aggregate principal amount not to
exceed $90,000,000 in one or more series which series may include either
taxable or tax-exempt bonds and may include either senior lien or subordinate
lien bonds as separate series thereof.
The Bonds will provide proceeds for the purpose of financing or
reimbursing all or a portion of the costs of (i) the acquisition of an existing
three-story student housing facility known as the Mary and Harold Perper
Residence Hall with approximately 170 beds; (ii) the design, development and
construction of a three-story student housing facilities with approximately 287
beds and related facilities and amenities (collectively, the
"Project"), located within Palm Beach County, Florida, and to be
owned by the Borrower and managed by The Michaels Organization, LLC, to house
students matriculating at Lynn University, and (iii) capitalizing interest,
funding one or more reserve accounts, and payment of costs of issuance of the
Series 2024 Bonds. The project has a 5-year estimated economic impact of $99.3
Million and will create 792 direct and indirect jobs. Lynn University currently
enrolls more than 3,500 students and employs 763 positions. All facilities to be financed by the Bonds
will be owned and operated by the Borrower.
Approval by an elected body is required by the Internal Revenue Code;
however, adoption of this Resolution does not in any way obligate the
County.
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
4. SUMMARY
(cont’d.): One or more
documents approved by the County in the resolution authorizing the issuance of
the Bonds will include language creating a contractual obligation of the
Borrower substantially as follows: the County assumes no responsibility for
monitoring compliance by the Borrower of applicable federal income tax,
securities laws or other regulatory requirements. The Borrower understands and
agrees that it is responsible for monitoring its compliance with all applicable
federal income tax, federal securities law and other regulatory requirements,
retaining adequate records of such compliance, and retaining qualified counsel
to respond to or assist the County in responding to any audit, examination or
inquiry of the Internal Revenue Service, the Securities and Exchange Commission
or other organization. The Borrower assumes responsibility for monitoring
compliance with applicable provisions of federal tax laws and U.S. Treasury
Regulations relative to the Bonds, and will retain adequate records of such
compliance until at least three (3) years after the Bonds are retired. In the
event of any audit, examination or investigation by the Internal Revenue
Service with respect to the tax-exempt status of the Bonds or any other related
tax matters, the Borrower shall be responsible for retaining qualified counsel
to respond to such audit. Neither the taxing power nor the faith and
credit of the County, nor any County funds shall be pledged to pay the principal,
redemption premium, if any, or interest on the Bonds. District 4 (DB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Subordination of County
Utility Interests to the State of Florida Department of Transportation
(FDOT). The Subordination of Utility
Easements includes a portion of the following easement recorded in the Official
Records of Palm Beach County: ORB 14086 Page 320. Summary: The FDOT has an interest
in a portion of the utility easement recorded in the Official Records of Palm
Beach County as noted above that has been determined necessary for highway
purposes. The utility easement is located along the eastern boundary of the
property located at 5301 S. State Road 7.
The proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by the County to FDOT. The facilities located within the utility
easement and covered by the Subordination are a 16-inch water main and an
8-inch sanitary sewer force main. FDOT
has committed to pay to have the County’s facilities relocated in the future if
necessary. The Palm Beach County
Water Utilities Department (PBCWUD) has determined that the subordination of
utility interests will not affect any existing and/or current public utility
facilities and therefore recommends the subordination. (PBCWUD Project No.
21-580) District 6 (MWJ)
2. Staff recommends
motion to approve: Full Release of Utility
Easement for that easement recorded in the Official Records of Palm Beach
County, ORB 4325 Page 1667. Summary: Palm Beach County Water
Utilities Department (PBCWUD) is seeking the release of the County’s interest
in the utility easement recorded in the Official Records of Palm Beach County
as noted above and located at 9905 Clint Moore Road. The Property Owner
requested release of the identified easement that is no longer associated with
any public potable water and wastewater facilities. As a result of site
development for Meravita of Boca Raton, the existing identified utility
easement is no longer required. PBCWUD has determined that the release of the
easement will not affect existing or new public potable water, reclaimed water
and wastewater facilities and therefore recommends approval of the release.
(PBCWUD Project No. 23-549) District 5 (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
3. Staff recommends
motion to:
A) authorize the Palm Beach County Water Utilities Department (PBCWUD)
to pursue funding from the State of Florida
Department of Management Services (FDMS) through Florida Digital Service (FDS)
for the Local Government Cybersecurity Grant Program for a grant amount
estimated up to $1,500,000;
B) delegate authority to the County Administrator, or her designee which in this case shall be
the Director of PBCWUD, to sign all grant application forms and
supporting documents and complete all registration requirements; and
C) delegate authority to the County Administrator, or her designee which in this case shall be
the Director of PBCWUD, to execute the forthcoming agreement and all future
time extensions, task assignments, certifications, and other forms associated
with the forthcoming agreement and any necessary minor amendments that do not
substantially change the scope of work, terms, or conditions of the forthcoming
agreement.
Summary: The FDS has $40 million available for fiscal
year 2024-2025 cybersecurity technical
assistance and capabilities to Florida’s local governments to improve their cybersecurity
posture and resiliency. The awarded capabilities of PBCWUD include Endpoint-Based
Asset Discovery (Agent); Network-Based Asset Discovery (Agentless); Content
Delivery Network; Endpoint Detection & Response (EDR); Security Operations
Platform; and Email Security Solution. FDS will expend funds for the provision
of services, licenses, or commodities awarded to the PBCWUD to be utilized for
cybersecurity technical assistance purposes. PBCWUD is being granted assistance
in the form of services, licenses, or commodities to enhance its cybersecurity
framework, to identify and mitigate risks, and to protect its infrastructure
from threats. No local match is required for this grant. Countywide (MWJ)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Sponsorship Agreement with Nostalgic America, Inc.,
for a cash sponsorship in the amount of $6,000 for a series of nine Legends on
the Lawn events at Canyon Amphitheater, for the period January 1, 2024 through
December 31, 2024. Summary: This Sponsorship Agreement has been fully executed on behalf of the
Board of County Commissioners (BCC) by the Director of the Parks and Recreation
Department in accordance with Resolution 2008-0442, amended by Resolution
2017-0102. Sponsorship events help offer
a balanced schedule of events which promote the quality of life in the
communities we serve. The Department is
now submitting this agreement in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating Department
to the BCC as a Receive and File agenda item.
District 5 (AH)
2. Staff recommends
motion to receive and file: the following two (2) executed Entertainment Contractor
Agreements:
A) Mary
Washington-Brooks in an amount not to exceed $500 for the Legends on the Lawn:
Mary Washington Brooks concert at Canyon Amphitheater on Febuary 17, 2024; and
B)
Peter Sarfati in an amount not to exceed $2,000 for the Carlin Park After
Dark: Solid Brass Concert at Seabreeze Amphitheater on Febuary 14, 2024.
Summary: The Parks and Recreation Department produces
cultural activities to promote the quality of life in the communities it
serves. A sponsorship received for the Legends on the Lawn events from
Nostalgic America offset the expense of the concert at Canyon Amphitheater. These Entertainment Contractor
Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with
Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and
2017-1367. The Department is now submitting these Agreements in accordance
with County PPM CW‑O‑051, which requires all delegated
agreements to be submitted by the initiating Department to the BCC as a receive
and file agenda item. Districts 1 and
5 (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
3. Staff recommends
motion to receive and file: an executed Sound and Light Production Services
Contractor Agreement with Sanderford Sound, Inc., in an amount not to exceed
$2,285 for the Legends on the Lawn: Solid Brass concert at Seabreeze
Amphitheater on February 14, 2024. Summary: This Sound and Light
Production Service Contractor Agreement has been fully executed on behalf of
the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with
Resolution 2009-0592, amended by Resolutions 2010‑0645, 2014‑0167,
2017-1368 and 2018-0179. The Department
is now submitting this Agreement in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating Department
to the BCC as a receive and file agenda item. District 1 (AH)
4. Staff recommends
motion to approve:
A) an amendment to the Infrastructure Surtax
(IST) Project Plan approved by the Board of County Commissioners (BCC) on April
4, 2017, later revised on January 4,
2022; and
B) a Budget Transfer
of $60,000 within the IST Fund from IST Departmental Reserves to Glades Pioneer Park Light Replacement
Project.
Summary: On April 4, 2017,
the BCC adopted a project plan to implement the IST funded projects and
included an allocation of $68,600 towards the replacement of the lights at
Glades Pioneer Park. The purpose of this transfer is to cover the $60,000
budget shortfall for the construction costs. Funds are available in the Parks
Department IST Reserves. The Infrastructure Sales Tax Independent Citizen
Oversight Committee reviewed this request at their February 14, 2024 meeting,
and approved it unanimously. This project is funded through the
infrastructure sales tax. District 6 (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
5. Staff recommends
motion to:
A) receive and file a fully executed Land and Water
Conservation Fund (LWCF) Grant Agreement in the amount of $1,500,000 for the
Villages of Windsor Park Development Phase One Project for the period December
14, 2023 through September 30, 2026; and
B) approve
a Budget Amendment of $1,500,000 within the Park Improvement Fund to establish
budget for the approved grant.
Summary: On March 14, 2023 the Board of
County Commissioners (BCC) authorized submission of a Florida Recreation
Development Assistance Program grant application, R2023-0330, to fund a portion
of the construction costs associated with the Villages of Windsor Park
Development Phase One project. The BCC also authorized the County Administrator
or designee to execute the Grant Agreement (Project Number: LW763) and other
grant forms related to this project if the grant was approved. The grant was
approved, the Grant Agreement has been fully executed in accordance with BCC
authorization and is being submitted to the BCC to receive and file and to
establish budget. The $1,500,000 LWCF grant requires a $1,500,000 (50%) match,
which will be funded from Zone 2 Park Impact Fees. The grant Agreement requires
the County to execute and record a Notice of Limitation of Use dedicating the
land in perpetuity as an outdoor recreation site. The grant term is from
December 14, 2023 through September 30, 2026 with a possible time extension.
The grant closeout paperwork is due June 30, 2026. District 6 (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
6. Staff recommends
motion to:
A) ratify the signature of the Mayor on a Florida Department of Economic
Opportunity (DEO) Grant Agreement in the amount of $750,000 for the Peanut
Island Historic Restoration project for the period commencing retroactively on
July 1, 2023 through June 30, 2025;
B) authorize the County
Administrator or designee to execute task assignments, certifications, standard
forms, or amendments to the Grant Agreement that do not substantially change
the scope of work or terms and conditions of the Grant Agreement;
C) authorize the Director of the Parks and Recreation
Department to serve as the Project Designee
and Project Liaison; and
D) approve Budget Amendment of $750,000 within the Park Improvement
Fund to establish budget for the
approved grant.
Summary: In 2023, the
County submitted a Florida Senate - Local Funding Initiative Request for the
Peanut Island Historic Restoration project. The $750,000 funding request was
sponsored by Senator Bobby Powell, (Senate Bill 2500) and received final
approval on June 15, 2023. The Grant Agreement (HL241) requires demolition and
replacement of the existing Coast Guard dock as well as acquiring restoration
design services associated with the renovation of the John F. Kennedy fallout
bunker, former U.S. Coast Guard Station House and former U.S. Coast Guard Boat
House. DEO’s timeframe to
execute the Grant Agreement did not allow for prior approval by the Board of
County Commissioners (BCC). In order to
meet DEO’s deadline, Mayor Maria Sachs signed the Grant Agreement on behalf of
the BCC as authorized by Palm Beach County Administrative Code, Section
309.00. The code requires the Grant
Agreement be presented to the BCC for approval at their next available meeting
after signature by the Mayor. The $750,000 DEO grant requires a $750,000
(50%) match, which will be funded from the $50M GO 2005 Waterfront Access Bond.
The grant period is from July 1, 2023 through June 30, 2025. Districts
1& 7 (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
7. Staff recommends
motion to:
A) ratify the signature of the Vice Mayor
on a Land and Water Conservation Fund (LWCF) grant application submitted to the
State of Florida Department of Environmental Protection (FDEP) signed on
January 30, 2024, requesting $1,500,000 to fund 50% of the construction costs
for the Canyon District Park Phase Two Project;
B) authorize the County
Administrator or designee to execute the Grant Agreement and all future time
extensions, task assignments, certifications, standard forms, or amendments to
the Agreement that do not substantially change the terms and conditions of the
Agreement if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with FDEP and the
County Administrator’s designee for this project.
Summary: This grant application requests
$1,500,000 in LWCF funding for the Canyon District Park Phase Two Project. Phase Two grant project elements include four new lighted baseball/softball fields,
a concession/restroom building, batting cages, destination playground, two
lighted sand volleyball courts, a canoe/kayak launch, picnic facilities,
restroom and associated infrastructure. The grant request is for $1,500,000
and requires a $1,500,000 (50%) match that will be funded from the Canyon
District Park Development Infrastructure Sales Tax (IST) project. The State’s time frame for this
application did not allow for prior approval by the Board of County
Commissioners (BCC). In order to meet
the grant application deadline, Vice Mayor Maria G. Marino signed the
application on behalf of the BCC as authorized by the Palm Beach County
Administrative Code, Section 309.00.
This Code requires that the grant be presented to the BCC for
ratification at the next available Board meeting after signature by the Vice
Mayor. If funding is awarded, the County
should receive a grant contract in the fall of 2024 and will have three years
to complete the project. The grant
requires the project adhere to the Build America/Buy America (BABA) Act. The
grant also requires a Notice of Limitation of Use to be recorded in
public records limiting the project site to outdoor recreation in perpetuity at the completion of the project. District 6 (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: Grant
agreement with the Western Palm Beach County Farm Bureau, Inc. in an amount not
to exceed $30,000 from Agricultural Economic Development Program funds to
assist in conducting the 2024 Palm Beach County Sweet Corn Fiesta. Summary: The 2024 Palm Beach County Sweet Corn
Fiesta will be held on April 28, 2024. This Agreement allows for reimbursement of expenses
incurred after December 1, 2023.
This event will increase public awareness of local agriculture on a
regional and statewide basis. It
provides an opportunity for a local agricultural organization, the Western Palm
Beach County Farm Bureau, to stage an event that will make our residents more
aware of the economic significance of our largest vegetable row crop in our
County’s billion-dollar agricultural industry while bringing in people from
surrounding counties. This is the 24th
year for the event. The Palm Beach
County Agricultural Enhancement Council has reviewed the request and met with
representatives of the Western Palm Beach County Farm Bureau. Countywide (AH)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends motion to approve:
Appointment of
four (4) new members to the Criminal Justice
Commission (CJC) for the period
April 9, 2024 to December 31, 2026.
|
Appoint Nominee |
Seat No. |
Term to Expire |
Nominated By: |
|
Oswald Newbold Karen Hansen Shania Grant Vanessa Klein |
32
33
34 35 |
12/ 31/2026
12/31/2026
12/31/2026
12/31/2026 |
CJC
CJC
CJC
CJC |
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 four (4) new members being considered for appointment are at-large members who are nominated by the CJC and appointed by the Board of County Commissioners. Oswald Newbold is the Re-Entry Coordinator for the Re-Entry Center and nominated to represent the seat designated for returning citizen. Karen Hansen is nominated to represent the seat designated for a crime survivor. Shania Grant is a student at Florida Atlantic University and nominated to fill the student seat. Vanessa Klein is the Director of Re-Entry Services for the Lord’s Place and nominated for the community member at-large seat. The CJC currently has 29 seats filled and a diversity count of Caucasian: 16 (55%), African-American: 11 (38%), and Hispanic: 2 (7%). The gender ratio (female: male) is 12:17. The nominees include one Black female, one Black male, and two White females. 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)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: an Amendment Memo to the U.S.
Department of Homeland Security Federal Emergency Management Agency (“FEMA”),
FY2022 Staffing for Adequate Fire and Emergency Response (“SAFER”) Grant Program
Agreement No. EMW-2022-FF-00029 modifying the performance period from March 13,
2024 through March 12, 2027 to January 29, 2024 through January 28, 2027. Summary:
On November 7, 2023 (R2023-1623), the Board accepted a FEMA SAFER grant
award with a performance period of March 13, 2024 through March 12, 2027, and
previously on May 2, 2023 (R2023-0610) had delegated authority to the County
Administrator, or designee, to accept, approve, execute and submit certain
grant documents including time frame changes. The Palm Beach County Fire Rescue
(“PBCFR”) designee requested an amendment to the Period of Performance to
coincide with the start date of a Recruit Academy class. After FEMA reviewed
and approved the amendment, PBCFR received the attached Amendment Memo and
related grant documents modifying the performance period and indicating that
the County’s signature is not required. This Amendment Memo is now being
submitted to the Board to receive and file.
Countywide (SB)
2. Staff recommends
motion to approve: a Budget
Transfer of $40,000 within the Fire Rescue Improvement Fund (Fund 3700) to
account for unforeseen increase in costs for electrical and HVAC upgrades in
the Training area at Fire Rescue’s Herman W. Brice Headquarters. Summary: The additional funds will account for
unforeseen increase in costs associated with the electrical and HVAC upgrades,
including labor and material for the installation of ceiling fans, volt lock
shore line receptacles, relocate a hand sink, an air handler, louver, and an
electrical transformer within the training section. Countywide (SB)
3. Staff recommends
motion to receive and file: a Lease
Agreement for the Use of School Facilities with the School Board of Palm Beach
County, for Fire Rescue Promotional testing (Wellington High), on February 23
and 24, 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 lease
agreement has been fully executed on behalf of the Board of County
Commissioners (Board) by the Fire Rescue Administrator, in accordance with a
delegation of authority from the Board (R2017-1072) through the County
Administrator. This executed document is now being submitted to the Board to
receive and file. Countywide (SB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
4. Staff
recommends motion to:
A) approve four (4) re-appointments to the
Regional Hazardous Materials Oversight Committee beginning April 9, 2024
through April 8, 2027; and
|
Appointment Nominee |
Seat No. |
Nominated By |
|
Michael J. Geier |
1 |
Palm
Beach County Division of Emergency Management |
|
Drovica Gosein |
2 |
Department
of Health, Palm Beach County |
|
Shon Kirk Broedell |
4 |
Fire
Chiefs Association of Palm Beach County |
|
Robert Madden |
5 |
Solid
Waste Authority of Palm Beach County |
B)
approve one (1) appointment to the Regional Hazardous Materials Oversight
Committee beginning April 9, 2024 through April 8, 2027:
|
Appointment Nominee |
Seat No. |
Nominated By |
|
Gregory Philip Freebold |
3 |
Palm Beach County
League of Cities |
Summary: The Regional Hazardous Materials Oversight
Committee was created by ordinance in 1998 to establish standards and review
the effectiveness and adequacy of the regional hazardous materials emergency
response teams. Appointments to this five (5) member committee are for three
(3) year terms, and members may serve no more than three (3) consecutive three
(3) year terms. The committee is comprised of members from specific areas of
representation. Michael J. Geier, Drovica Gosein, Gregory Philip Freebold, Shon
Kirk Broedell and Robert Madden have been nominated by their respective areas
of representation. The five (5) nominated candidates consist of a diversity
count of Hispanic-American: 1 (20%) and Caucasian: 4 (80%), and a gender ratio
of (male:female) 4:1. Staff will continue to address the need to increase
diversity on our boards. Countywide (SB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) approve the revision to signature block of Exhibit E (Participation Agreement)
of the contract with CivicPlus, LLC; and
B) authorize delegated authority to the
County Administrator or designee to execute participation agreements allowing
other entities use of the public notices website at no cost to the County that
do not substantially change the scope of work, terms or conditions of the
agreement.
Summary: On September 12, 2023 the Board of County
Commissioners approved a contract with CivicPlus, LLC, for the posting of
public notices on a publicly accessible website. The agreement also allowed for other
governmental agencies to use the service if they chose. In order for others to utilize the website a
participation agreement is required. The
form included originally requires a minor edit in the signature block to
correctly identify the responsible department.
Delegated authority is also being requested for efficiency and provision
of timely access for other entities to utilize the public notices website. Countywide (DB)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) approve the Fiscal Year 2024 Certifications and
Assurances (C&As) to the Federal Transit Administration (FTA); and
B) authorize the County Administrator or designee to
electronically execute and file the required C&As
on behalf of the Board of County Commissioners (BCC) and to bind the BCC’s
compliance with the C&As that do not substantially change the scope of
work, terms or conditions of the C&As.
Summary: On February 29, 2024, the
FTA released the FY2024 list of C&As.
The annual C&As list covers
requirements such as Lobbying, Alcohol and Controlled Substances Testing,
Seniors and Individuals with Disabilities Programs, Non-Discrimination,
Disadvantaged Business Enterprises (DBEs), Hiring Preferences, Public
Transportation Agency Safety Plans and most recently, The Emergency Relief
Program. The FTA requires grantees to
submit C&As within ninety (90) days of publication to signify the County’s
commitment to comply with requirements applicable to any FTA award the County
pursues during FY2024. The FTA also
requires an affirmation from the applicant's attorney that the applicant has
authority to make and comply with the C&As. This document does not allocate
any funding and there is no cost to the County.
Countywide (MM)
2. Staff recommends
motion to approve: an
amendment to the agreement between the Palm Beach County Board of County
Commissioners (BCC) and the South Florida Regional Transportation Authority
(SFRTA) that provides space, equipment, and personnel at its Tri-Rail ticket
office, located at the Downtown West Palm Beach Intermodal Facility, for the
sale of Palm Tran bus passes. Summary: This
amendment will increase the split of the cost of the Tri-Rail ticket agent that
sell Palm Tran Bus passes at the West Palm Beach Intermodal terminal from 50/50
to 75/25 resulting in an increase of $18,231. The county will reimburse SFRTA
for 75% of the employee’s compensation which will not exceed $72,922. This
change in work share percentage is based on an increase of actual work
performed by the ticket agent for Palm Tran. The ticket agent sells
approximately $1,000 of Palm Tran bus passes daily at the Intermodal terminal.
The ticket booth is open Monday to Friday from 8:00am to 4:30pm. Countywide
(MM)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $551,000 from the Law Enforcement Trust Fund (LETF) to the
Palm Beach County Sheriff’s Office (PBSO).
Summary: Section 932.7055(5), Florida
Statutes; provides that the seizing agency shall use Forfeiture proceeds for
school resource officer, crime prevention, safe neighborhood, drug abuse education
and prevention programs, or for other law enforcement purposes, which include
defraying the cost of protracted or complex investigations, providing
additional equipment or expertise, purchasing automated external
defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes, also requires that no less
than 25% of the LETF’s previous year’s revenues be used for the support or
operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2024 donation requirement is $279,292.
The PBSO’s support of these programs exemplifies its strong commitment to the
prevention and reduction of crime throughout the communities it serves and its
desire to put money back into these communities to support organizations that
provide such services. The year-to-date
transfer for all donations to outside organizations after approval of this item
is $1,227,500. The funds
requested are to aid PBSO and qualified organizations that meet the
requirements set forth in Section
932.7055(5), Florida Statutes. Use of LETF requires approval by the
Board, upon request of the Sheriff. The
current State LETF balance is $4,360,037. Approval of this request will reduce
the State Law Enforcement Trust Fund balance to $3,809,037. The
PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida
Statutes. Below is a table indicating
the organizations the PBSO seeks to fund and the corresponding amount of
funding proposed per respective organization or agency. No new positions are needed and no additional
County funds are required. Countywide
(RS)
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. SUMMARY:
|
ORGANIZATION |
AMOUNT |
|
Alpha Educational Foundation – DDL, Inc. |
$50,000 |
|
Big Dog Ranch Rescue, Inc. - Veterans
Program |
$250,000 |
|
Boca West Community Charitable Foundation,
Inc. |
$36,000 |
|
Elizabeth H. Faulk Foundation, Inc. |
$25,000 |
|
Florence Fuller Child Development Centers,
Inc. |
$25,000 |
|
Gulf Stream Council, Boy Scouts of
America, Inc. |
$25,000 |
|
Hanley Foundation, Inc. |
$30,000 |
|
Junior Achievement of the Palm Beaches
& Treasure Coast, Inc. |
$10,000 |
|
Operation 300, Inc. |
$50,000 |
|
Palm Beach County PAL, Inc - Tutoring
Program |
$25,000 |
|
Student ACES, Inc. |
$10,000 |
|
YMCA of South Palm Beach County, Inc. |
$15,000 |
|
|
|
|
Total
Amount |
$551,000 |
APRIL 9, 2024
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF RESILIENCE
1. Staff recommends
motion to:
A)
approve a Subrecipient Commitment
Form with Florida Atlantic University (FAU) for a National Oceanic and
Atmospheric Administration (NOAA) Climate Ready Workforce grant application,
which would begin upon grant execution and end after four (4) years, and
includes a $175,000 sub-award to Palm Beach County that would primarily be used
to fund a 3-year graduate student intern position, which would be requested
upon the grant being awarded and eliminated when grant funding is discontinued;
and
B)
delegate to the County Administrator, or designee, the
signatory authority on additional forms, certifications, contracts/agreements
and amendments thereto, and any other necessary documents related to the NOAA
Climate Ready Workforce Competition grant that do not substantially change the
scope of work, terms or conditions of the sub-award agreement.
Summary: The FAU Pine Jog Environmental Education Center is
applying for $10,000,000 through a NOAA Climate Ready Workforce Competition to
create a climate resilience curriculum to be delivered to workforce training
participants in Palm Beach and Broward Counties. Southeast Florida is one of
the most vulnerable in the US to the impacts of climate change, and this
project will focus on training the local workforce in adaptation and mitigation
strategies to continue building community resilience. The curriculum developed
will be delivered to workforce training participants through both in-person and
asynchronous and synchronous online learning support materials. The project
steering committee will include county chief resilience officers, Career Source
contacts, school district adult education directors, trade apprenticeship
coordinators, key public sector and government representatives, and business
representatives. If awarded, Palm Beach County’s Office of Resilience would
receive a $175,000.00 sub-award to support climate resilience workforce
training for Palm Beach County employees. No match is required. Countywide
(RM)
* * * * * * * * * * * *
APRIL 9, 2024
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
None
* * * * * * * * * * * *
APRIL 9, 2024
A. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County,
Florida, calling for a referendum to be held on November 5, 2024 for the
purpose of submitting to the duly qualified electors of Palm Beach County,
Florida, a question regarding the School Board of Palm Beach County, Florida’s
authority to levy a discretionary sales surtax of 0.5 percent beginning January
1, 2026, and ending December 31, 2035; providing ballot language; providing for
absentee voting and early voting; providing for referendum results; providing
for severability; and providing for an effective date. Summary: On February 7, 2024, the School Board of Palm
Beach County ("School Board") unanimously adopted a resolution
directing the Board of County Commissioners ("BCC") to call an
election for the purpose of submitting to the electors of the County, a
referendum on whether the School Board should levy a discretionary sales tax of
one-half percent per dollar as authorized in section 212.055(6), Florida
Statutes, SCHOOL CAPITAL OUTLAY SURTAX.
The ballots to be used in the referendum election shall contain the
following statement: PALM BEACH COUNTY SCHOOLS SECURITY, TECHNOLOGY, FACILITIES
AND INFRASTRUCTURE ONE-HALF CENT SALES SURTAX.
To support educational opportunities for
students by upgrading and enhancing safety and security of schools; classroom
technology and equipment, school buildings and facilities, and school buses,
for Palm Beach County traditional public and charter public schools; shall the
School Board levy a one-half cent sales surtax beginning January 1, 2026 and,
by law, automatically ending December 31, 2035, with oversight of all funds by
an independent committee of citizens and experts?
________ FOR THE ONE-HALF CENT TAX
________ AGAINST THE ONE-HALF CENT TAX
The BCC's adoption of this
resolution is in its ministerial capacity under Section 212.055(6)(b) Florida
Statutes, which states that the ballot statement “shall be placed on the ballot by the governing body of the
county” and is statutorily required
for the referendum to be held. Countywide (DB)
APRIL 9, 2024
5. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve on preliminary reading and permission to advertise for
public hearing on May 14, 2024 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, to be entitled “The Palm Beach
County Procurement/Purchasing Code”, repealing and replacing sections 2-51
through 2-58 of the Palm Beach County Code, which codified Ordinance No.
2005-062, Ordinance No. 2008-069, Ordinance No. 2010-010, Ordinance No.
2015-004 and Ordinance No. 2018-022, establishing a centralized purchasing
system; providing for general provisions; providing for application/exemptions;
providing for ethical standards in procurement; providing for definitions;
providing for designation, duties and authority of the Director of Procurement
and the Procurement Department; providing for delegation of authority to
subordinate staff and authority of departments of Engineering and Public Works,
Airports, Water Utilities, Facilities Development and Operations, and
Environmental Resources Management; providing for a mandatory bid and proposal
amount; establishing requirements for competitive source selection; providing
for alternate source selection; providing authority of Procurement Director and
the Contract Review Committee for changes after contract award; providing for
waiver of requirements for competitive selections for consulting services;
providing for procurement card (pcard) services; providing for protested
awards; providing for suspension and debarment; providing for vendor
preferences; prohibiting conflicts of interest; providing for construction
services; providing for CCNA services; providing for automation of the
procurement process; providing for unsolicited proposals; providing for
indexing; providing for repeal of laws in conflict; providing for severability;
providing for captions; providing for savings clause; providing for inclusion
in the Code of Laws and Ordinances; providing for an effective date. Summary:
The current Purchasing Code (Code) was enacted in 2015 by means of Ordinance
No. 2015-004, which in turn repealed and replaced Ordinance No. 2005-062 (as
amended by Ordinances Nos. 2008-009 and 2010-010). The current Code was revised
in 2018 (Ordinance No. 2018-022) to incorporate the necessary references to the
then recently adopted Equal Business Opportunity program (Ordinance No.
2018-021). Although it was adopted in
2015, many of the provisions of the current Code originate in its 2005 version and
warrant revisions to reflect current industry practices and market
conditions. Approximately five years
ago, County staff started working on proposed revisions to the Code. The
proposed revisions were presented to the Board of County Commissioners (Board)
during a Workshop meeting held on February 27, 2024. Following discussion by
the Board of the proposed revisions, staff was directed to 1) consider a
modified approach to the proposed protest bond provisions, 2) return with
recommendations on means to accelerate processing of agenda items to be
considered by the Board, and 3) proceed to preliminary reading of the proposed
ordinance. This item seeks to fulfill Board direction. (FDO Admin/Purchasing) Countywide
(MWJ/AH)
APRIL 9, 2024
5. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A)
approve a State Housing
Initiatives Partnership (SHIP) Program award of $1,620,000 to Gulfstream
Goodwill Industries, Inc.;
B) direct staff to negotiate the loan agreement; and
C)
authorize the County
Administrator, or designee, to execute the loan agreement, amendments thereto,
and all other documents necessary for project implementation that do not
substantially change the scope of work, terms, or conditions of the award.
SUMMARY: On December
4, 2023, the Department of Housing and Economic Development (HED) issued a
Notice of Funding Availability (NOFA) HED.2023.5 making up to $4,000,000 in
SHIP funding available for the acquisition of multifamily rental housing by
not-for-profit organizations. Applications were accepted on a first-come,
first-eligible and first funded basis.
Staff reviewed applications to ensure the projects met criteria for
eligibility, responsiveness, and viability. Staff recommends funding in the
amount of $1,620,000 to Gulfstream Goodwill Industries, Inc. to purchase 921
North M Street, Lake Worth Beach, FL 33460, a multifamily property totaling
nine (9) units, including five (5) one-bedroom units, and four (4) two-bedroom
units. The total project cost is
$1,875,000. For an affordability period
of no less than 30 years, seven (7) housing units will be restricted for
affordable rental to tenants with incomes no greater than 80% of Area Median
Income (AMI) and two (2) units for tenants with incomes no greater than 140%
AMI. The SHIP funding will provide a subsidy of $180,000 per housing unit in
the form of an interest-free repayable loan with a term of no less than 30
years. The loan agreement and related
documents pursuant to these SHIP funds will be between the County and
Gulfstream Goodwill Industries, Inc. (and its respective successors and/or
assigns). To facilitate project implementation, staff requests authorization
for the County Administrator, or designee, to execute the loan agreement and
related documents. These are State
SHIP Program grant funds which do not require a local match. District 2 (HJF)
APRIL 9, 2024
5. REGULAR
AGENDA
C. HOUSING
AND ECONOMIC DEVELOPMENT
2. Staff recommends
motion to:
A)
approve a State Housing
Initiatives Partnership (SHIP) Program award of $1,890,000 to Housing
Partnership, Inc. dba Community Partners of South Florida;
B) direct staff to negotiate the loan agreement; and
C)
authorize the County
Administrator, or designee, to execute the loan agreement, amendments thereto,
and all other documents necessary for project implementation that do not
substantially change the scope of work, terms, or conditions of the award.
SUMMARY: On December
4, 2023, the Department of Housing and Economic Development (HED) issued a
Notice of Funding Availability (NOFA) HED.2023.5 making up to $4,000,000 in
SHIP funding available for the acquisition of multifamily rental housing by
not-for-profit organizations. Applications were accepted on a first-come,
first-eligible and first funded basis.
Staff reviewed applications to ensure the projects met criteria for
eligibility, responsiveness, and viability. Staff recommends funding in the
amount of $1,890,000 to Housing Partnership, Inc. to purchase 1741 and 1747 4th
Avenue North, Lake Worth Beach, FL 33460, two abutting multifamily properties
totaling ten (10) apartments, including eight (8) one-bedroom units, and two
(2) two-bedroom units. The total project
cost is $2,100,000. For an affordability period of no less than 30 years, all
housing units will be restricted for affordable rental to tenants with incomes
no greater than 80% of Area Median Income (AMI), including two (2) units for
tenants with incomes no greater than 60% AMI. The SHIP funding will provide a
subsidy of $189,000 per housing unit in the form of an interest-free repayable
loan with a term of no less than 30 years.
The loan agreement and related documents pursuant to these SHIP funds
will be between the County and Housing Partnership, Inc. (and its respective
successors and/or assigns). To facilitate project implementation, staff
requests authorization for the County Administrator, or designee, to execute the
loan agreement and related documents. These
are State SHIP Program grant funds which do not require a local match. District 3 (HJF)
* * * * * * * * * * * *
APRIL 9, 2024
A. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: Appointment of one
(1) member to the Zoning Commission (ZC) for the term of April 9, 2024 to
February 2, 2027, to fill the vacancy at-large seat, Seat #8.
Nominees Nominated By
Jess Sowards Commissioner Bernard
Commissioner Baxter
or
Susan Kennedy Vice Mayor Marino
or
Rolando Barrero Mayor Sachs
SUMMARY: The primary
function of the Zoning Commission (ZC) is to take action on and make
recommendations to the Board of County Commissioners (BCC) regarding proposed
zoning applications and proposed revisions to the Unified Land Development Code
(ULDC). The Zoning Division sent a memorandum to the BCC on February 5, 2024
requesting nominations. The ZC is comprised of
nine (9) members, with each County Commissioner appointing one (1) member each
and two (2) members appointed at-large by a majority vote of the BCC. The term of office is three (3) years and as
of March 2, 2013 (R-2013-0193), no person shall be appointed or reappointed for
more than three (3) consecutive terms. Pursuant to ULDC Article 2.G.L.3,
“consideration shall be given to applicants who have experience or education in
planning, law, architecture, landscape architecture, natural resource management,
real estate, engineering, and related fields.” Mr. Jess Sowards has completed
one (1) term in ZC Seat #9, is available for re-appointment, and regarding
attendance has attended all but one (1) out of the past twelve (12) ZC
meetings. Mr. Jess Sowards has disclosed that he has an
ownership position in Currie Sowards Aguila Architects, that contracts with the
County for architectural services. The ZC provides no regulation, oversight,
management or policy-setting recommendations regarding the subject contract.
Disclosure of these contractual relationships at a duly notice public meeting
is being provided in accordance with the provisions of Sec. 2-443, of the Palm
Beach County Code of Ethics. The ZC consists of nine members, with eight (8)
seats currently filled with a diversity count of: seven (7) Caucasian (88%) and
one (1) African-American (12%). Mr. Jess Sowards is a Caucasian male, Mr. Rolando
Barrero is a Hispanic-American male, and Ms. Susan Kennedy is a Caucasian
female. Staff is addressing the need to increase diversity within our Board and
will continue to encourage this to expand this Board’s diversity. Countywide (SS)
B. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 9, 2024
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
APRIL 9, 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
APRIL 9, 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."