June 11, 2024

8:00 am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 11, 2024

 

PAGE             ITEM

 

16                    3E2                 * REVISED SUMMARY/ (COMM SVCS) / Summary:  Amendment 004 to

Standard Agreement No. IZ023-9500 (R2023-1279) for ADI with AAA was received on April 23, 2024. ADI allows DSVS to provide services to assist seniors afflicted with Alzheimer’s disease and dementia to help them remain in their homes and to provide respite for caregivers. For the grant year (GY) July 1, 2022 to June 30, 2023 ADI served 144 seniors with a memory impairment. For the current GY starting July 1, 2023, ADI has served 117 clients so far. The upward budget amendment is necessary to align the County budget with the actual grant award. On March 12, 2013 (R2013-0242), the Board of County Commissioners (BCC) granted signature authority to the County Administrator, or designee, to execute grant agreements and amendments thereto, and all other necessary documents related to the AAA. No County match is required.  (DSVS) Countywide except for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)

 

20                    3E7                 * DELETED  (COMM SVCS) - staff pulled for further review.

 

39                    3I2                   * REVISED SUMMARY (HED) / SUMMARY: On October 6, 2023, the

Department of Housing and Economic Development issued a Notice of Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2023 allotment funding cycle. RLWA submitted an application in response to the NOFA. Staff recommends that up to $292,691 be provided as a credit for impact fees associated with the construction of 195 rental apartments in three five-story buildings located at 2431 2nd Avenue North, Lake Worth Beach, FL 33461. RLWA will be given credits for Roads Zone 2 Impact Fees ($244,327), Parks Zone 2 ($14,724), and Public Building Impact Fees ($33,640) for the construction of the Residences of Lake Worth Beach project.  RLWA will pay impact fees above the allocated $292,691. The Certificate of Award and related documents will be issued to the entity identified herein and its successors and/or assigns. According to IFAHAP requirements, the units will be rented to persons with income at or below 140% of Area Median Income (AMI) for no less than 50 years. However, RLWA will provide 165 units at 110% AMI or below. These funds are from interest earned by the Impact Fee Fund. District 3 (HJF)

 

 

49                    3AA1              * DELETED  (PALM TRAN) - staff pulled for further review.

 

49                    3AA2              * DELETED  (PALM TRAN) - staff pulled for further review.

 

55                    3DD1              * REVISED SUMMARY  (SUPERVISOR ELECTION) / Summary:  1 precinct

boundary change and 1 precinct creation are recommended by Wendy Sartory Link, SOE, due to a Community Development District becoming elected by popular vote. District 1 (AH)

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).

 

* * * * * * * * * * *


ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 11, 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 9 - 55)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Page 56)

 

5.         REGULAR AGENDA (Pages 57 - 64)

 

6.         BOARD APPOINTMENTS (Page 65)

 

7.         STAFF COMMENTS (Page 66)

 

8.         BCC COMMENTS (Page 67)

 

9.         ADJOURNMENT (Page 68)

 

 

 

 

* * * * * * * * * * *

JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 9

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

            3B-3    Bonds Report

 

C. ENGINEERING & PUBLIC WORKS

Page 10

3C-1   Resolution amending R2023-1581 for the acquisition of fee simple right-of-way designated parcels to extend Congress Avenue from Northlake Blvd. project.

 

Page 11

3C-2   Contracts with CHA Consulting, Inc. and Mehta and Associates, Inc. for Construction Engineering and Inspection Professional Continuing Services.

 

Page 12

3C-3   Consultant Service Authorization No. 7 with BCC Engineering, LLC for Cresthaven Blvd. project.

3C-4   Consultant Service Aurthorization No. 2 with R.J. Behar & Company, Inc. for the Duda Road Bridge Replacement project.

 

Page 13

3C-5   Contract with M&M Asphalt Maintenance Inc. for the construction of the Lake Ida Road and Hagen Ranch Road Intersection Improvements project.

3C-6   Amendment No. 3 with Wynn & Sons Environmental Construction Company, LLC to add additional technical special provisions.

 

Page 14

3C-7   Lighting Agreement with Florida Power & Light Company for the intersection of Boynton Beach Blvd. project.

3C-8   Contract with M&M Asphalt Maintenance Inc. for the construction of the Gateway Blvd./Lawrence Road project.

 

E. COMMUNITY SERVICES

Page 15

3E-1    Travel advance for a Palm Beach County HIV Care Council to attend the National Ryan White Conference.

 

 

 


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

E. COMMUNITY SERVICES

Page 16

3E-2    Amendment 004 with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. to amend, revise, and replace portions of the standard agreement to increase the overall funding.

 

Page 17

3E-3    Retroactive Interlocal Agreement with the City of West Palm Beach in Housing and Urban Development Continuum of Care funds to provide Rapid Rehousing and supportive services for chronically homelessness.

3E-4    Amendment No. 1 with Gulfstream Goodwill Industries, Inc. to amend, revise and replace portions of the agreement by increasing the total contract amount for the provision of Travelers Aid services to individuals experiencing homelessness.

 

Page 18

3E-5    Subrecipient Agreement with the Lord’s Place for provision of Street Outreach; and with Legal Aid Society of Palm Beach County for the provision of Rapid Unsheltered Survivor Housing Services.

 

Page 19

3E-6    Notice of Grant Award from FDOC for Program Year 2022 allocation, and for Program Year 2023 reducing allocation.

 

Page 20

3E-7    Amendment No. 0008 to the DCF Unified Homelessness Grant Contract to increase the grant award; and Amendment No. 0009 to the DCF Unified Homelessness Grant Contract to increase the grant award for 2024.

 

F. AIRPORTS

Page   21

3F-1    Two Amendments for Extension of the Public Transportation Grant Agreements with FDOT for Emergency Generator for fuel system at Palm Beach County Glades Airport; and Terminal Roof Improvements at PBI.

 

Page 22

3F-2    Amendment No. 1 to the Public Transportation Grant Agreement with FDOT to modifying the scope of work for improvements to Runway 9R/27L at North Palm Beach County General Aviation Airport.

 

Page 23

3F-3    Change Order No. 3 with Lebolo Construction Management, Inc. for the Federal Inspection Services and Building 846 Storm Resiliency Modifications Package 2.

 


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

F. AIRPORTS

Page 24 - 25

3F-4    First Amendment with Aircraft Service International, Inc. to Amended and Restated Fuel Farm Facilities Lease Agreement at PBI.

 

Page 26

            3F-5    On-Demand Ground Transportation Concession Agreement with 4R Services LLC at PBI.

 

Page 27

3F-6    American Rescue Plan Act of 2021 Concession Relief Plan and Allocation Award Summary providing for allocation of economic relief awards to concession operations at PBI.

3F-7    Ground Lessor’s Estoppel Certificate to Connectone Bank for the Development Site Lease Agreement between County and PBI Post Distr. LLC.

 

Page 28

3F-8    Contract with Ranger Construction Industries, Inc. for the Runway 10-28 Surface Treatment project at Palm Beach County Park Airport located in Lantana.

 

            G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 29

            3G-1   School Impact Fee Zone 1 Budget Transfer request.

            3G-2   Annual Report for Lake Clarke Shore Community Redevelopment Agency.

 

Page 30

            3G-3   Infrastructure Surtax Project Plan.

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 31

3H-1   Request to increase the maximum dollar value of the annual minor construction contract for general minor construction services on an as-needed basis.

 

Page 32

3H-2   Change Order No. 3 with Lebolo Construction Management, Inc. for the Melissa’s Place Lake Village at the Glades playground installation project.

 

Page 33

3H-3   Change Order No. 2 with Kaufman Lynn Construction, Inc. for the Lake Lytal Aquatic Complex – Phase 1 Tree Relocation project.

 

 


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 34 - 36

3H-4   Amendment No. 1 with Verdex Construction LLC for the new Mosquito Control Division Compound and an Agreement with Art Services with Reinaldo Correa Studio LLC for the “Droplet” sculptural installation of the project.

 

Page 37

3H-5   First Amendment with St. Mary’s Medical Center, Inc. to extend the term of the Agreement for interoperable communications.

 

I. HOUSING AND ECONOMIC DEVELOPMENT

Page 38

3I-1     Loan Agreement with Harper Court Housing, LLC for the acquisition and rehabilitation of a vacant motel.

 

Page 39

3I-2     Impact Fee Affordable Housing Assistance Program funding award to Richman Lake Worth Apartments, LLC.

 

Page 40

3I-3     Agreement with Florida International University Board of Trustees to provide an assessment report and needs analysis for affordable/workforce housing units.

 

K. WATER UTILITIES

Page 41

            3K-1    Change Order No. 2 with Florida Design Drilling  LLC for a contract project time extension.

 

Page 42

            3K-2    Non-standard Utility Easement, a Temporary Construction Easement.

 

Page 43

3K-3    Work Order No. 2 with Hinterland Group Inc. for the Air Release Valve Manhole Adjustments Along Seminole Pratt Whitney Road.

 

Page 44

3K-4    Amendment No. 4 with Hazen and Sawyer, P.C. to extend the contract and to increase funding for additional services.

 

Page 45

3K-5    Request authorization to pursue funding from FDEP Water Quality Improvement Grant Program for the East Main Street Sanitary Sewer Lateral Installation project.

 


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 46

3L-1    Release of Reservation for Phosphate, Minerals, Metals, and Petroleum from the Town of Lake Park for a portion of Lake Park Scrub Natural Area.

 

Page 47

            3L-2    Detailed Work Plan Budget – Arthropod Control and Integrated Mosquito Management Plan

for 2024/2025.

 

P. COOPERATIVE EXTENSION SERVICE

Page 48

3P-1    Donation from the Friends of the Mounts Botanical Garden, Inc. for the display of Ribbit the Exhibit at Mounts Botanical Garden of Palm Beach County by J Cobb Group.

 

S. FIRE RESCUE

Page 48

3S-1    MOA with Miami-Dade County for the participation in the Florida Task Force 1 of the National Urban Search and Rescue Response System.

 

 

AA. PALM TRAN

Page 49

3AA-1 Lease Agreement with Nations Bus Corp. for the leasing of three (3) coach bus vehicles to operate the Port St. Lucie Express Regional Transit Pilot Program.

3AA-2 MOU between South Florida Regional Transportation Authority, Broward County Transit, Miami Dade Public Works and Palm Tran setting forth the required co-operation for the purchase of fares and SFRTA’s new mobile application.

 

BB. YOUTH SERVICES

Page 50

            3BB-1 Four Contracts for internship with interns for training and experience.

 

Page 51

3BB-2 Cooperative Agreement with School Board of Palm Beach County to continue classroom instruction for youth in education program at Highridge Family Center.

 

Page 52 - 53

3BB-3 Retroactive Community Based Agency Contract with The Pathto College Foundation, Inc. to provide its Summer College and Career Program; an a contract with Digital Vibez, Inc. to provide Wellness Workshops and the Kidsfit Jamathon Program.

 


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

CC. SHERIFF

Page 54

            3CC-1 Budget Transfer request.

 

DD. SUPERVISOR OF ELECTIONS

Page 54

            3DD-1 One precinct boundary change and one precinct creation.

 

EE. TOURIST DEVELOPMENT COUNCIL

Page 55

3EE-1 Category “G” Grant Agreements with The ACL, LLC and Association of Pickleball Professionals, LLC.

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

 

A. PLANNING, ZONING, & BUILDING

Page 56

4A-1    Ordinance repealing/replacing to the Scope and Administration – The Palm Beach County Amendments to the Florida Building Code.

 

 

REGULAR AGENDA

 

A. AIRPORTS

Page 57

            5A-1    Agreement to purchase 9,964 square feet of unimproved land located west of PBI.

 

Page 58

5A-2    Airport Ground Transportation Management Agreement with SP Plus Corporation for the administration, operation and management of the ground transportation at PBI.

 

Page 59

5A-3    Contract with Ranger Construction Industries, Inc. for the West Apron Pavement Reconstruction Project at the Palm Beach County Park Airport.

 

Page 60 - 61

5A-4    Contract with Suffolk Construction Company Inc. for the Concourse B Expansion – Package 2A at PBI.


JUNE 11, 2024

 

TABLE OF CONTENTS

 

 

REGULAR AGENDA

 

B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 61

            5B-1    Presentation on property values and the Property Appraiser’s FY2025 Budget proposal.

 

C. PUBLIC SAFETY

Page 62

5C-1   Request for preliminary reading and permission to advertise pertaining to the Adult Entertainment Code.

 

D. OFFICE OF EQUAL BUSINESS OPPORTUNITY

Page 62

5D-1   FY 2024 Quarter 2 and FY 2024 Semiannual Small/Miniority/Women Business Enterprise participation report.

 

E. PLANNING, ZONING, & BUILDING

Page 63

5E-1    Resolution consenting to the expansion of Lake Park Community Redevelopment Agency; and request for Resolution to authorize Interlocal Agreement with the Town of Lake Park and Lake Park CRA exempting the County from remitting tax increment revenues as set forth.

 

F. FACILITIES DEVELOPMENT & OPERATIONS

Page 64

            5F-1    Master Planning and Redevelopment of the South County Administrative Complex.

 

 

BOARD APPOINTMENTS  (Page 65)

 

STAFF COMMENTS  (Page 66)

 

BCC COMMENTS (Page 67)

 

ADJOURNMENT (Page 68)

 

* * * * * * * * * * * *


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file:  Warrant List – Backup information can be viewed in the Clerk & Comptroller’s Office.

 

2.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office.  Countywide

 

                        3.         Staff recommends motion to:

 

                                    A) review for sufficiency Report of County Officials Bonds dated June 2024; and

                       

                                    B) receive and file Report of County Officials Bonds dated June 2024.

 

                                    SUMMARY: Ordinance No. 98-51 sets the various bond amounts for specified County

officers and provides for examination of the sufficiency of all bonds at the regular meeting of the Board of County Commissioners in January and June of each year. Countywide (DB)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt:  a Resolution amending R2023-1581 dated November 7, 2023, and declaring the acquisition of fee simple right-of-way designated as Parcel 102, a temporary construction easement designated as Parcel 302 (Parcels), and acquisition of access to Richard Road from the parent tract of the Parcels necessary for the construction of roadway improvements to extend Congress Avenue from Northlake Boulevard to Alternate A1A (Project).  SUMMARY:  Adoption of the Resolution will amend the eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes, as amended, against two parcels having a total appraised value of $343,100.  Acquisition of the Parcels and acquisition of access to Richard Road from the parent tract of the Parcels are necessary to construct a new typical three lane roadway with shoulders, curb and gutter, sidewalks, a roundabout, and drainage for the Project.  The property owner has not accepted the offer to purchase made by Palm Beach County (County) and attempts to negotiate the purchase have been unsuccessful.  Eminent domain proceedings are necessary to acquire the Parcels and access to Richard Road at this time in order to expedite construction of the Project.  The acquisition of access to Richard Road is necessary to address the closure of an existing driveway that is in violation of current roadway design and safety standards.  This Project is included in the Five Year Road Program.  District 1 (DO)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (cont’d.)

 

2.         Staff recommends motion to approve:  

 

A) the Construction Engineering and Inspection (CEI) Professional Continuing Services Contract with CHA Consulting, Inc. (CHA) to be in effect for 36 months from the date of approval by the Board of County Commissioners (BCC); and

 

B) the Construction Engineering and Inspection (CEI) Professional Continuing Services Contract with Mehta and Associates, Inc. (MAI) to be in effect for 36 months from the date of approval by the BCC.

 

SUMMARY:  Approval of these contracts will provide the necessary CEI professional services   on a consultant service authorization basis throughout Palm Beach County (County).  The contract period for these contracts is thirty-six (36) months from the date of approval by the BCC.  On October 5, 2022, the Goal Setting Committee applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and a Minority Business Enterprise (MBE) evaluation preference for African American owned firms.  CHA agreed to 20% SBE participation for the contract.  MAI agreed to 25% SBE participation for the contract.  On November 30, 2023, the Consultant’s Competitive Negotiations Act Selection Committee selected CHA and MAI and, in accordance with PPM No. CW-O-048, the BCC was notified of the selection on November 30, 2023.  CHA and MAI have offices located in the County.   Countywide (YBH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (cont’d.)

 

 

3.         Staff recommends motion to approve:  

 

A) Consultant Service Authorization No. 7 (CSA) to the Construction Engineering Inspection (CEI) Annual Services Contract (R2021-0883) dated July 13, 2021 (Contract) with BCC Engineering, LLC (BCCE) in the amount of $516,173.06 for Cresthaven Boulevard from Jog Road to Military Trail (Project); and

 

B) a Budget Transfer of $400,000 in the Transportation Improvement Fund from Reserves-Road Program Sweeps Project.

 

SUMMARY:  Approval of this CSA will provide the CEI services necessary for design plan review during construction of the Project to add bike lanes, two (2) pathway bridges, and traffic signal modifications.  On November 6, 2019, the Goal Setting Committee applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference.  BCCE agreed to 30% SBE participation for the Contract and 29.62% SBE participation for this CSA.  Their cumulative SBE participation for the Contract, including this CSA is 30.65%. BCCE has an office located in Palm Beach County (County). This Project is included in the Five-Year Road Program.  District 3 (YBH)

           

4.         Staff recommends motion to approve:  Consultant Service Authorization No. 2 (CSA) to the Annual Structural Engineering Services Contract (R2023-0261) dated March 14, 2023 (Contract) with R.J. Behar & Company, Inc. (RJB) in the amount of $447,305.75 for the Duda Road Bridge Replacement over the South Florida Water Management Distrsict’s L-14 Canal (Project).  SUMMARY:  Approval of this CSA will provide the professional services necessary to design a new replacement bridge for the Project. On January 5, 2022, the Goal Setting Committee applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation of which 5% is Minority Business Enterprise (MBE) participation for African American owned firms, and an SBE evaluation preference. RJB agreed to 23% SBE and 18% MBE participation for the Contract, and 23.06% SBE and 23.06% MBE participation for this CSA.  Their cumulative SBE participation, including this CSA is 21.5%. RJB has an office located in Palm Beach County (County). This Project is funded by the infrastructure sales tax.  District 6 (YBH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (cont’d.)

 

5.         Staff recommends motion to approve:  a contract with M&M Asphalt Maintenance Inc. D/B/A All County Paving (M&M) in the amount of $997,000 with a contract time of 180 calendar days, for construction of the Lake Ida Road and Hagen Ranch Road Intersection Improvements (Project).  SUMMARY:  Approval of this contract will authorize the construction services necessary to widen Lake Ida Road by adding an eastbound through lane at the intersection with Hagen Ranch Road.  On February 15, 2023, the Goal Setting Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business Enterprise (SBE) participation.  M&M agreed to 22% SBE participation.  Bids for the contract were received by the Engineering and Public Works Department (EPW) on December 19, 2023.  M&M was the lowest responsive bidder of five (5) bidders.  The contract time for the Project is 180 calendar days.  M&M has an office located in Palm Beach County.  This Project is included in the Five-Year Road Program.  District 5 (YBH)

 

 

6.         Staff recommends motion to approve: Amendment No. 3 to the Pathway & Minor Construction Continuing Services Contract (R2023-0255) dated March 14, 2023 with Wynn & Sons Environmental Construction Company, LLC (WSE) to add additional technical special provisions.  SUMMARY:  Approval of this amendment will add additional details for building the fencing items.  Section 3 of the Special Provisions in the contract allows the parties to amend the contract while adhering to all other original terms, conditions and unit prices of the contract. On August 3, 2022, the Goal Setting Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business Enterprise (SBE) participation of which 5% must be Minority Business Enterprise (MBE) participation for African-American and/or Hispanic American owned firms. WSE agreed to 22.51% SBE of which 20.24% is MBE participation. To date, tasks in the amount of $6,323,617 of the contract’s $26,200,000 have been authorized for WSE. The first amendment to the contract (R2023-1839) dated December 19, 2023 modified pay items, the second amendment to the contract (R2024-0428) dated May 7, 2024 extended the expiration date and recognized WSE’s name change. WSE has an office located in Palm Beach County.  Countywide (YBH)  


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (cont’d.)

 

7.         Staff recommends motion to receive and file: one (1) fully executed lighting agreement with Florida Power & Light Company (FP&L) for the intersection of Boynton Beach Boulevard and Orchid Grove Trail.  SUMMARY: In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. This agreement was executed by the County Engineer on April 3, 2024, per Resolution R2020-0990. FP&L agreements are based on the type of street lighting fixture and/or pole being installed and/or removed. “Street Lighting Agreements” are utilized for installation and/or removal of High Pressure Sodium street lights and poles. “Premium Lighting Agreements” are utilized for the installation and/or removal of Light-emitting Diode (LED) street      lights and poles submitted to FP&L prior to December 31, 2021. “LED Lighting Agreements” or “Lighting Agreements” (new name in effect as of January 1, 2022) are utilized for the installation and/or removal of LED street lights and poles submitted to FP&L after December 31, 2021. District 5 (YBH)

 

8.         Staff recommends motion to approve: a contract with M&M Asphalt Maintenance Inc., D/B/A All County Paving (MAM) in the amount of $1,059,000 with a contract time of 250 calendar days for construction of the Gateway Boulevard/Lawrence Road and Old Boynton Road/Lawrence Road Intersection Improvements (Project).  SUMMARY:  Approval of this contract will authorize the construction services necessary to construct westbound right turn lanes on Gateway Boulevard and on Old Boynton Road for the Project. On August 2, 2023, the Goal Setting Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business Enterprise (SBE) participation. MAM agreed to 23.6% SBE participation for this contract. Bids for the contract were received by the Engineering and Public Works Department (EPW) on February 13, 2024.  MAM was the lowest responsive bidder of five (5) bidders.  The contract time for the Project is 250 calendar days.  MAM has an office located in Palm Beach County. This Project is included in the Five-Year Road Program.   District 2 (YBH) 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: Travel advance at an estimated cost of $2,000 for a member of the Palm Beach County HIV CARE Council (HIV CARE Council), to attend the National Ryan White Conference on HIV/AIDS on August 20th, 2024 through August 23rd, 2024 in Washington D.C.  Summary: Resolution No. R2013-0193 establishes policies and procedures for the Palm Beach County Advisory Boards, Committees and Commissions, allowing board member(s) to travel in order to fulfill board member responsibilities. In accordance with PPM CW-F-009, non-County employee travel advances require Board approval.  A travel advance is requested for a HIV CARE Council member to travel to Washington D.C., to attend the National Ryan White Conference. The grantor, the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), requires that local Planning Council members train and attend workshops in order to take an active role in the program. The Ryan White Conference theme this year is Innovating to End the HIV Epidemic: Empowering Communities, Expanding Partnerships, and Implementing Interventions.” The estimated cost of $2,000 provides for conference lodging, ground transportation, flight itinerary and meals for the participant. These are Ryan White Part A grant funds, no County match is required. (Ryan White Program) Countywide (HH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

2.         Staff recommends motion to:

 

A) receive and file Amendment 004 to Standard Agreement No. IZ023-9500 (R2023-1279) for Alzheimer’s Disease Initiative (ADI) with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), to amend, revise, and replace portions of the standard agreement and increase the overall total funding by $50,000 in an amount not-to-exceed $2,415,100 for the period July 1, 2023 to June 30, 2024; and

 

B) approve an upward Budget Amendment of $50,000 in the Division of Senior and Veterans Services (DSVS) Administration Fund to align the budget with the amended grant award.

 

Summary: Amendment 004 to Standard Agreement No. IZ023-9500 (R2023-1279) for ADI with AAA was received on April 23, 2024. ADI allows DSVS to provide services to assist seniors afflicted with Alzheimer’s disease and dementia to help them remain in their homes and to provide respite for caregivers. For the grant year (GY) July 1, 2022 to June 30, 2023 ADI served 144 seniors with a memory impairment. For the current GY starting July 1, 2023, ADI has served 117 clients so far. The upward budget amendment is necessary to align the County budget with the actual grant award. On March 12, 2013 (R2013-0242), the Board of County Commissioners (BCC) granted signature authority to the County Administrator, or designee, to execute grant agreements and amendments thereto, and all other necessary documents related to the AAA. No County match is required.  (DSVS) Countywide except for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

3.         Staff recommends motion to approve: Retroactive Interlocal Agreement with the City of West Palm Beach for the period December 1, 2023 through November 30, 2024, in an amount of $482,117 in Housing and Urban Development (HUD) Continuum of Care (CoC) funds to provide Rapid Rehousing and supportive services for chronically homeless, unsheltered and medically fragile homeless individuals in City of West Palm Beach. Summary: On November 8, 2023 the Department of Community Services, Division of Human Services and Community Action Program (HSCAP) received a grant agreement from HUD awarding $482,117 in CoC funding to provide rapid rehousing and supportive services for chronically homeless, unsheltered and medically fragile homeless individuals. Pathways to Independence, a program operated by the City of West Palm Beach in conjunction with the Human Services Community Action, to provide permanent housing for chronic, unsheltered and medically fragile homeless individuals through the Pathways to Independence Rapid Rehousing Housing First program. The goal of the program is to secure housing for 22 individuals using a shared housing and independent housing model. Individuals will be identified through the coordinated entry system. There is a 25% match required. The match of $120,530, and all administrative expenses will be paid by the City of West Palm Beach. This grant represents a first year award between the City of West Palm Beach in conjunction with COC funding. (Human Services and Community Action Program) District 2 (HH)

 

4.         Staff recommends motion to approve: Amendment No. 1 to Agreement for Provision of Financial Assistance (R2022-1084) with Gulfstream Goodwill Industries, Inc. (GGI), for the period October 1, 2022 through September 30, 2025, to amend, revise and replace portions of the agreement by increasing the total contract amount by $30,000, for a new three (3) year total agreement amount not-to-exceed $105,000, for the provision of Travelers Aid services to individuals experiencing homelessness in Palm Beach County in Fiscal Year (FY) 2024, with an anticipated annual allocation of $25,000 in the subsequent FY, contingent upon a budgetary appropriation by the Board of County Commissioners (BCC) for the term of the agreement.  Summary: This amendment is necessary to update and replace Exhibit B, with Exhibit B1 to reflect actual cost reimbursement up to the contractual amount in accordance with the approved programmatic budgets. GGI served 70 unduplicated persons experiencing homelessness with Traveler’s Aid services in FY 2023, and 68 persons to-date in FY 2024. The amendment will allow GGI to provide additional Travelers Aid services to approximately 70 additional persons for a total of 140 persons in FY 2024 by assisting individuals experiencing homelessness to return home safely to their support systems. The Homeless Outreach Teams and Law Enforcement work together to unify individuals with family, and they utilize Traveler’s Aid program for travel costs. No County Match required. (Human Services and Community Action Program) Countywide (HH)

JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

5.         Staff recommends motion to receive and file:

 

A) subrecipient agreement with The Lord’s Place in the amount of $309,099 for provision of Street Outreach Services for the period retroactive to July 1, 2023 through June 30, 2024; and

 

B) subrecipient agreement with Legal Aid Society of Palm Beach County in the amount of $158,445 for the provision of Rapid Unsheltered Survivor Housing (RUSH) Services for the period retroactive to July 1, 2023 through June 30, 2024.

 

Summary:  The Department of Children and Families (DCF) awarded Palm Beach County additional ESG-CV3 and RUSH funding to continue to respond to the needs of those individuals and families at risk, or those who are experiencing homelessness.  To date, DCF has amended our grant funding agreement nine (9) times which has caused delays in executing subrecipient agreements. The contracts were executed by the County Administrator in accordance with Agenda Item 3E-2, dated June 15, 2021, which delegated signature authority to the County Administrator, or designee, to execute grant amendments thereto, and all necessary documents related to the DCF Unified Homeless Grant. In accordance with this authority, Palm Beach County entered into subrecipient agreements with two (2) partner agencies. The Lord’s Place is providing street outreach services for up to 492 individuals experiencing homelessness. Legal Aid Society of Palm Beach County is providing homeless prevention services through mediation for up to 72 households at risk of homelessness. 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. (Human Services and Community Action Program) Countywide (HH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

6.         Staff recommends motion to receive and file:

 

A) Notice of Grant Award/Fund Availability (NFA) #043347 Federal Award Identification Number (FAIN) (FAIN G2201FLCOSR), Catalog of Federal Domestic Assistance (CFDA) (CFDA 93.569) from Florida Department of Commerce (FDOC), for Program Year (PY) 2022 allocation, in an amount not-to exceed $149,557.51, for the program period July 1, 2023 through December 31, 2023, for the Community Service Block Grant (CSBG) program; and

 

B)  Amendment to the NFA #042716 (FAIN G2301FLCOSR),  (CFDA 93.569) from the State of Florida, FDOC, for its PY 2023 reducing allocation by $149,557.51, for an amount not-to-exceed $1,043,365.49, for the program period July 1, 2023 through June 30, 2024, for the CSBG program.

 

Summary: On June 15, 2021, the Board of County Commissioners (BCC) ratified the Mayor’s signature on the Federally Funded Subgrant Umbrella Agreement #E2016 (R2021-0783) with the FDOC, for the period October 1, 2020 through September 30, 2023, for the Low Income Home Energy Assistance Program (LIHEAP), and Low Income Water Assistance Program (LIHWAP) and CSBG programs. This agreement was amended on August 16, 2023, to update the effective date to July 1, 2023 and extend the end date to June 30, 2024, and change the name of the Florida Department of Economic Opportunity (FDOE) to FDOC. This funding is being reallocated from one NFA to another. Under the terms of the new umbrella agreement, FDOC will issue an NFA for each program award, and issue amendments to NFA’s for any changes. The CSBG funds are used to provide economic mobility services to approximately 2,300 low-income individuals and 900 families. These services include employment skills training, job placement, resume writing training, financial management training, and case management. In PY 2023, 71 clients enrolled in the self-sufficiency program, 31 of those completed vocational training and 10 became employed. No County match is required. (Division of Human Services and Community Action Program) Countywide (HH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

7.         Staff recommends motion to: 

 

A)  receive and file Amendment No. 0008 to the Florida Department of Children and Families (DCF) Unified Homeless Grant Contract No. IP004 (R2019-1138), for the period December 1, 2023 through June 30, 2024, to increase the grant award by $683,322.93 for a new total amount not to exceed $4,886,498.57;

 

B) receive and file Amendment No 0009 to the DCF Unified Homeless Grant Contract No. IP004 (R2019-1138), for the period February 1, 2024 through June 30, 2024, to increase the grant award by $175,646.21 for a new total amount not to exceed $5,062,144.78; and

 

C)  approve an upward Budget Amendment of $858,969 in the General Fund, Division of Human Services and Community Action Program (HSCAP) to align the budget with the grant award.

 

Summary:  Amendment No. 0008 and Amendment No. 0009 to DCF Unified Homeless Grant Contract No. IP004 to increase funding to support the Challenge Grant program and DCF initiatives, including rapid rehousing and homelessness prevention services to vulnerable populations. Amendment No. 0008, revises the original contract to define vulnerable populations as youth exiting the foster care system, individuals experiencing substance use disorders, or mental health issues, families engaged in the child welfare system, domestic violence survivors, and youth involved with the Department of Justice. Amendment No. 0009 revises the original contract to include additional funding to further assist individuals and families in need. Amendment No. 009 also updates the Fiscal Year Payment Tables for State Fiscal Year(s) 2023/2024 and 2024/2025. The contract amendments were executed by the County Administrator in accordance with Agenda Item 3E-2, dated June 15, 2021, which delegated signature authority to the County Administrator, or designee, to execute grant amendments thereto, and all necessary documents related to the DCF Unified Homeless Grant. 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. A total of 1062 individuals and 94 families are projected to be served under this grant. A County cash match of $214,742 is required and is included in the current budget using existing staff salaries. (Human Services and Community Action Program) Countywide (HH)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  Two (2) Amendments for Extension (Amendments) of the following Public Transportation Grant Agreements (PTGA) with the Florida Department of Transportation (FDOT).  Delegation of authority for execution of the Amendments for extension of the PTGA was approved by the Board of County Commissioners (BCC) on August 25, 2020 (R2020-1017).

 

A)  Emergency Generator for fuel system at Palm Beach County Glades Airport (PHK) Financial Project Number 445445-1-94-01, approved by the BCC on April 16, 2019 (R2019-0498 and R2019-0499), extending the expiration date of the PTGA to December 31, 2024; and

 

B) Terminal Roof Improvements at Palm Beach International Airport (PBI), Financial Project Number 447618-1, approved by the BCC August 25, 2020 (R2020-1024 and R2020-1025), extending the expiration date of the PTGA to December 31, 2024.

 

Summary:  Item A provides grant funding for the planning, design, permitting and construction of an emergency generator capable of operating the aviation fuel farm at PHK in the event commercial power is lost.  Item B provides grant funding for the replacement of the main terminal roof system at PBI.  The Amendments extend the availability of grant funding for both PTGA to December 31, 2024, to allow for the completion of the projects.  Countywide (AH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

        2.         Staff recommends motion to receive and file:  Amendment No. 1 (Amendment) to Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) (R2024-0231), Financial Project Number 451467-1-94-01, modifying the scope of work for improvements to Runway 9R/27L at North Palm Beach County General Aviation Airport (F45). Delegation of authority for execution of this Amendment was approved by the Board of County Commissioners (BCC) on August 25, 2020 (R2020-1017). Summary: The Amendment provides for a modification to the project scope to provide for a surface treatment to Runway 9R/27L rather than the full reconstruction of the pavement.  The surface treatment will extend the useful life of the pavement, delaying the need for the more costly rehabilitation project.  The original project cost for the rehabilitation of the runway was estimated to be $12,029,400, which was anticipated to be funded through a combination of state and federal grant funds. The PTGA provided that FDOT would provide 5% of the funding or $601,470.  Because federal funding is not currently available for the rehabilitation of the runway and the rehabilitation can be delayed by applying a surface treatment to the runway, FDOT modified the project scope. The revised project cost for the surface treatment is estimated to be $751,838. The Amendment provides that FDOT will fund 80% of the modified project costs or $601,470 with a required local match of $150,368.  Countywide (AH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

3.         Staff recommends motion to approve:  

 

A)  Change Order No. 3 to Amendment No. 3 to the Construction Manager (CM) at Risk Contract (Contract) with Lebolo Construction Management, Inc. (Lebolo), for Federal Inspection Services and Building 846 Storm Resiliency Modifications Package 2 (Storm Resiliency Project), in the amount of $149,935.05, increasing the project duration by 198 calendar days; and

 

B) a Budget Transfer of $149,936 in the Airport’s Improvement and Development funds.

 

Summary:  On May 3, 2022, the Board of County Commissioners (Board) approved Amendment No. 3 (R2022-0457) to the Contract (R2019-1222) with Lebolo for the Storm Resiliency Project establishing a Guaranteed Maximum Price (GMP) of $1,518,790.48 and a project duration of 290 calendar days, which includes storm protection for rooftop mounted equipment and replacement of existing HVAC equipment. Building 846 is the Department of Airports’ (Department) Administrative Office building.  Due to the lack of redundancy and poor condition of the existing chiller at Building 846, an extension to the rental of a temporary chiller was needed until the new chiller was operational. A supplementary booster pump for the temporary chiller was needed to ensure adequate chilled water was distributed into the system. Additional spot coolers were also needed during chiller shutdowns to maintain temperatures in equipment rooms and staff spaces. The Storm Resiliency Project was delayed due to the concern that critical equipment requiring replacement might fail if exposed to excessive temperatures, and due to an unanticipated conflict between the chiller fan enclosure and protective grating for storm resiliency. Although provision of temporary cooling was included in the original scope of work, the duration had to be extended due to the aforementioned reasons.  Change Order No. 1 (R2023-0578) extended the project duration by 167 calendar days. Change Order No. 2 provided for a deduction from the contingency allowance, which was approved pursuant to the delegated authority provided in PPM CW-F-050.  Approval of Change Order No. 3 in the amount of $149,935.05 will increase the Guarantee Maximum Price (GMP) to $1,668,725.53 and extend the project duration to a cumulative 655 calendar days. An Affirmative Procurement Initiative (API) of Small Business Enterprise (SBE) Subcontracting (Minimum of 20%) of which a Minority Business Enterprise (MBE) Segmented Subcontracting Goal of 5% MBEs composed of African American (AA) and Hispanic American (HA) firms, was established for the Storm Resiliency Project. Lebolo committed to a 60.6% SBE Subcontracting with a 46.8% participation by AA/HA firms. The Minority/Women Business Enterprise participation for Change Order No. 3 is 10.8% Countywide (AH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

4.         Staff recommends motion to:

  

A)   approve a First Amendment (Amendment) to Amended and Restated Fuel Farm Facilities Lease Agreement (Lease) at the Palm Beach International Airport (PBI) with Aircraft Service International, Inc., a Delaware corporation, d/b/a Menzies Aviation (Menzies); providing for the lease of approximately 98,711 square feet of additional unimproved ground for the construction of a fuel containment area;  extending the term of the Lease  for six (6) additional years to June 30, 2030, with two (2) renewal options of two (2) years each for an initial annual rental of $398,460.64; providing for a minimum capital expenditure by Menzies of $2,053,000 for fuel farm improvements; and providing a rental credit in an amount not to exceed $1,200,000 upon completion of the fuel farm improvements; and

 

B) approve a Budget Transfer of of $1,200,000 in the Airport’s Improvement and   Development Fund including a transfer from Reserves in the amount of $1,200,000.


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

4.         Summary:  Menzies leases and operates the commercial aviation fuel farm at PBI and provides into-plane fueling services to airlines. The Amendment requires Menzies to invest a minimum of $2,053,000 to complete various improvements necessary for the safe and efficient operation of the fuel farm, including the construction of a fuel containment area for fuel truck storage. The airlines have contracts with Menzies for fuel storage in connection with their operations.  Menzies, as well as third-party providers, operate fuel trucks to provide into-plane fueling services from the fuel farm to commercial aircraft. Menzies subleases space for the storage of fuel trucks to third party into-plane providers selected by the airlines. The fuel farm requires an additional fuel containment area for the storage of fuel trucks operated by third party providers as a secondary containment measure in the event of a fuel spill. The Amendment includes the lease of approximately 98,711 square feet of additional unimproved ground for construction of the fuel containment area. The current annual rental is $319,491.84, which will increase to $398,460.64 with the addition of the fuel containment area.  Rental will be adjusted based on appraisal on October 1, 2025, which will take into consideration the value of the improvements to be completed by Menzies. The Amendment provides for a rental credit in an amount not to exceed $1,200,000 to reimburse Menzies for a portion of the costs of the improvements upon completion of the work. The Lease currently expires on June 30, 2024.  This Amendment will extend the Lease for six (6) additional years to June 30, 2030, with two (2) additional two-year options to renew.  Rental adjustments will occur every three (3) years thereafter based on appraisal, subject to a consumer price index cap. The Amendment also updates the liquidated damages provisions for certain failures that cause impacts to or delays in flight operations, including the failure to provide timely access to the fuel farm facilities, resulting in a delay of a scheduled flight.  A budget transfer is necessary to establish budget for the rental credit and includes a transfer from Reserves in the amount of $1,200,000. Countywide (HJF)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

            5.         Staff recommends motion to approve:  On-Demand Ground Transportation Concession Agreement (Agreement) with 4R Services LLC (4R Services), a Florida limited liability company, for the provision of on-demand ground transportation services at the Palm Beach International Airport (PBI), commencing on July 1, 2024 and expiring on September 30, 2027, with three (3) additional one-year options to renew; providing for payment of per trip fees by 4R Services to the County of $3.50 per taxicab/sedan trip; and providing for payment to 4R Services for dispatching services from July 1, 2024 through September 30, 2024, in the amount of $39,434 per month. Summary:  The Agreement provides for on-demand taxicab and non-metered luxury sedan services, including dispatching, at PBI, commencing on July 1, 2024, and expiring on September 30, 2027, with three (3) additional one-year options to renew.  On January 12, 2024, Request for Proposals (RFP) PB 24-4 was issued for on-demand ground transportation services at PBI.  4R Services was the sole responsive proposer to the RFP.  The Agreement provides for payment of per trip fees at the then current rate, which is $3.50 per trip as of the effective date of the Agreement.  The Department of Airports will be recommending the award of an Airport Ground Transportation Management Agreement to a new ground transportation management company, SP Plus Corporation (GT Manager), commencing on July 1, 2024. The new GT Manager will manage all modes of ground transportation at PBI, including ground transportation services provided by on-demand and  prearranged ground transportation providers and transportation network companies. 4R Services will provide dispatching services for on-demand ground transportation on an interim basis from July 1, 2024, through September 30, 2024, at a base rate of $39,434 per month, which will provide the new GT Manager the opportunity to hire and train staff. In the event dispatching services are required outside of regular operating hours due to unanticipated flight delays, diversions or other similar circumstances, the Agreement provides that 4R Services will be paid for dispatching services based on a fully burdened hourly rate based on the category of employee. The Agreement also provides for reimbursable expenses of up to $20,000 associated with dispatching services. The County will have the right to terminate dispatching services upon 15 days’ prior written notice during the three-month period in the event the GT Manager completes the hiring and training process earlier. The Agreement also provides the County with the option to require dispatching services for on-demand ground transportation in the future in the absence of a third party ground transportation manager.  An Airport Concession Disadvantaged Business Enterprise (ACDBE) contract goal of 10% was established for this Agreement. 4R Services is a certified ACDBE and has committed to ACDBE participation of 98%. Item 5B-2 on this agenda is a companion to this item.  Countywide (AH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

6.         Staff recommends motion to receive and file:  American Rescue Plan Act of 2021 (ARPA)  Concession Relief Plan and Allocation Award Summary (Concessions Relief Plan), providing for the allocation of economic relief awards to concession operators at the Palm Beach International Airport (PBI) in the amount of $2,964,535, pursuant to Federal Aviation Administration (FAA) Concession Rent Relief Airport Rescue Grant Offer, Grant No. 3-12-0085-070-2022 (R2022-0336) (ARPA Grant).  Summary:  The ARPA Grant was issued on January 6, 2022, providing for economic relief to eligible operators at PBI in the total amount of $2,964,535. The Department of Airports submitted the Concessions Relief Plan to the FAA for review, which provided for the allocation of the funding in accordance with the ARPA Grant requirements. The FAA approved the Concession Relief Plan on March 1, 2024. In accordance with ARPA Grant requirements and the approved Concession Relief Plan, economic relief was provided to eligible concessionaires in the form of credits against amounts payable to the County, which were fully reimbursed to the County by the FAA.  Delegation of authority to administer the Concessions Relief Plan in accordance with FAA grant requirements was provided by the Board of County Commissioners pursuant to R2021-1028.  Countywide (AH)

 

 

7.         Staff recommends motion to receive and file: Ground Lessor’s Estoppel Certificate (Estoppel) to Connectone Bank, dated as of March 7, 2024, in connection with the Development Site Lease Agreement (Lease) between Palm Beach County and PBI Post Distr. LLC (Post) dated December 19, 2017 (R2017-1892, as amended).  Summary:  The Lease provides for the construction, operation and maintenance of a warehouse facility on approximately 7.5 acres on the south side of Wallis Road, between Military Trail and Haverhill Road, west of the Palm Beach International Airport.  On June 11, 2020 (R2020-1012), the County consented to Post’s sublease of the leasehold premises to PBI Wallis Distr. LLC (Wallis).  Wallis has obtained a leasehold mortgage and the lender requested the Estoppel to confirm key details of the Lease, including rental, dates and other provisions.  Delegation of authority for execution of the Estoppel was approved by the Board of County Commissioners in R2017-1892.  Countywide (HJF)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

8.         Staff recommends motion to approve:  A Contract with Ranger Construction Industries, Inc. (Ranger) in the amount of $730,000 for a project duration of 158 calendar days for the Runway 10-28 Surface Treatment Project (Project) at Palm Beach County Park Airport (Lantana Airport).  Summary:   The Project was first advertised on April 9, 2023, utilizing the County’s competitive bid process; however, the process was cancelled because a single bid was received that exceeded the available budget. The Project was re-advertised on February 4, 2024.  On May 7, 2024, one (1) responsive bid was received for the Project in the amount of $943,650 from Ranger; however, the bid exceeded the Engineer’s Opinion of Probable Construction Cost (OPC) and available budget. Ranger voluntarily agreed to reduce its bid to the OPC of $730,000 with no change to the specifications or conditions of the Invitation for Bid. Section 2-54(c)(6)(3) of the Palm Beach County Purchasing Code (Code) provides that nothing in the aforementioned section of the Code “is intended to prohibit the acceptance of a voluntary reduction in price from the lowest responsive, responsible bidder after bid opening, provided such reduction is not conditioned on, or does not result in, the modification or deletion of any specifications or conditions contained in the Invitation for Bid or alter the determination of which bidder is to be awarded the bid or portion thereof”. The voluntarily reduction agreed to by Ranger is in compliance with Section 2-54(c)(6)(3) of the Code. Ranger is a Palm Beach County, Florida company. The Project includes a pavement surface treatment, pavement patching and repairs, and remarking of Runway 10-28 at the Lantana Airport.  A Disadvantaged Business Enterprise (DBE) goal of 12.6% was established for this Project.  Ranger committed to 14.33% DBE participation.  Countywide (AH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a Budget Transfer from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation account for $19,000,000. Summary: Impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected. This budget transfer recognizes school impact fee revenues as of May 6, 2024 and allow for their appropriation so that the County may remit funds to the School District in accordance with Article 13 of the Unified Land Development Code (ULDC). Countywide (RM)  

 

2.         Staff recommends motion to receive and file:  The Annual Report for the Fiscal Year ending September 30, 2023 from the Lake Clarke Shores Community Redevelopment Agency (LCS CRA). Summary: The LCS CRA has submitted its Annual Report for the Fiscal Year ending September 30, 2023 as per section number 163.371(2), Florida Statutes.   Countywide (DB)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)

 

3.         Staff recommends motion to approve:

 

A)  The Re-estimated Infrastructure Surtax Project Plan; and

 

B) A Budget Transfer of $112,171,154 in the Local Government One-Cent Infrastructure Surtax capital project fund to fund various capital projects.

 

Summary:  On November 8, 2016, the voters of Palm Beach County approved a one-cent Infrastructure Surtax (IST) beginning on January 1, 2017 and extending for 10 years with a possible early termination if the same were to generate $2.7 billion before September 1st of any year. The approval of the surtax also provided for the creation of an oversight committee to audit spending for compliance with approved projects, and established the following revenue allocations: 50% to the School District, 30% to the County, and 20% to the Municipalities. The proceeds of the sales surtax provide for financing the renewal and replacement of existing capital investments including roadway surfaces, bridges, drainage improvements, canals, park amenities, and government buildings, all of which were deferred during the recession, and projects to maintain levels of service. The project plan to implement the IST funded projects was approved on April 4, 2017. On November 23, 2021, staff presented the re-estimated IST project plan to the Board of County Commissioners (Board) after a vote of recommendation from the Independent Citizen Oversight Committee (Committee) on November 18, 2021.  Staff re-estimated projects based on current construction costs and revised scopes.  The original adopted plan totaled approximately $709.4 million and the re-estimated plan increased to $924 million.  On November 28, 2023 and January 30, 2024, staff presented project shortfalls to the re-estimated IST project plan to the Board.  On May 16, 2024, the Committee voted to accept the funding plan presented by staff. The budget transfer will increase the current budget by $112,171,154. The Engineering and Public Works project plan will remain at $263,031,210; the Facilities Development & Operations project plan will increase from $503,986,321 to $516,793,697; and the Parks and Recreation project plan will increase from $161,005,002 to $225,729,002. Countywide (MWJ)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: an increase to the maximum dollar value of the annual minor construction contract by $5,000,000 for general minor construction services on an as-needed basis through February 10, 2025.  Summary: On February 11, 2020, the Board of County Commissioners (Board) approved the annual minor construction contract (R2020-0142 through R2020-0151). The work consists of construction services associated with repairs, improvements and renovations to County-owned properties on an as needed basis. To date, the County has awarded $21,078,774.08 in work orders. Staff is requesting the cumulative limit be increased by $5,000,000 for a total cumulative value of $30,000,000 in order to accommodate additional anticipated new projects required to be accomplished before the term of this contract expires on February 10, 2025. Work will be awarded as work orders on a lump-sum, competitively bid basis across all prequalified contractors. Contractors may qualify at any time and be added to this annual minor construction contract before the term ends. Projects less than $100,000 are bid among the pool of certified Small Business Enterprise (SBE) contractors, when three (3) or more small businesses are qualified under the contract. Projects $100,000 or greater are advertised on the vendor self-service (VSS) website and are bid among the pool of pre-qualified contractors while projects $200,000 or greater are advertised on the VSS website and additionally advertised in the newspaper. The bidding pool is further expanded, for projects $100,000 or greater, to include additional bidders responding to the specific project advertisement that submit a qualification application at least ten (10) calendar days before the bid due date. The annual minor construction contract was presented to the Goal Setting Committee on August 21, 2019 and the Committee established three Affirmative Procurement Initiatives (APIs): 1) sheltered market for projects under $100,000; or 2) a SBE contractor will be given a price preference if its bid is within 10% of the lowest non-small business bid on a single trade project $100,000 or greater; or 3) a mandatory 25% SBE subcontracting goal for a multi-trade project $100,000 or greater. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be tracked cumulatively for all work orders issued. To date, the cumulative S/M/WBE participation for all work orders under the annual minor construction contract is 62.67%. (Capital Improvements) Countywide (MWJ) 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

2.         Staff recommends motion to approve: Change Order No. 3 to Amendment No. 11 to the continuing Construction Manager (CM) at Risk Services contract (R2018-1161) with Lebolo Construction Management, Inc. for the Melissa’s Place Lake Village at the Glades playground installation project in the amount of $88,367.41, increasing the project duration by 276 calendar days.   SUMMARY: On October 6, 2023, the Department of Housing and Economic Development issued a Notice of Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2023 allotment funding cycle. RLWA submitted an application in response to the NOFA. Staff recommends that up to $292,691 be provided as a credit for impact fees associated with the construction of 195 rental apartments in three five-story buildings located at 2431 2nd Avenue North, Lake Worth Beach, FL 33461. RLWA will be given credits for Roads Zone 2 Impact Fees ($244,327), Parks Zone 2 ($14,724), and Public Building Impact Fees ($33,640) for the construction of the Residences of Lake Worth Beach project.  RLWA will pay impact fees above the allocated $292,691. The Certificate of Award and related documents will be issued to the entity identified herein and its successors and/or assigns. According to IFAHAP requirements, the units will be rented to persons with income at or below 140% of Area Median Income (AMI) for no less than 50 years. However, RLWA will provide 165 units at 110% AMI or below. These funds are from interest earned by the Impact Fee Fund. District 3 (HJF)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

3.         Staff recommends motion to approve: Change Order No. 2 to Amendment No.1 (R2023-1300) to the Construction Manager (CM) at Risk Services contract (R2021-0750) with Kaufman Lynn Construction, Inc. for the Lake Lytal Aquatic Complex-Phase 1 Tree Relocation project in the credit amount of $172,885.90. Summary: On September 19, 2023, the Board of County Commissioners (Board) approved Amendment No. 1 (R2023-1300) to the CM at Risk Services contract (R2021-0750) with Kaufman Lynn Construction, Inc. in the amount of $1,417,763.41 establishing a Guaranteed Maximum Price (GMP) for construction management services for the Lake Lytal Aquatic Complex-Phase 1 Tree Relocation project. The Phase 1 Tree Relocation includes, but is not limited to, the mobilization/relocation of one hundred sixty-nine (169) trees, removal of one hundred nineteen (119) trees and supplemental watering of the relocated trees for a period of twenty (20) to twenty-four (24) months. Change Order No. 2 to Amendment No. 1 (Change Order No. 2) authorizes the final reconciliation for the project which includes the return of unused general conditions funds as well as the return of unused project contingency funds. The solicitation for the CM at Risk Services contract was advertised on April 8, 2018 according to the prior Small Business Enterprise (SBE) Ordinance in place at the time. This GMP is under the Equal Business Opportunity (EBO) Ordinance. On June 7, 2023, the Goal Setting Committee (GSC) established an Affirmative Procurement Initiative (API) of an SBE Price Preference where an SBE contractor will be given a price preference if its bid is within 10% of the lowest non-small business bid. The CM is not a certified SBE, but has partnered with M.C.O. Construction and Services, Inc., a Small/Minority/Woman-Owned Business Enterprise (S/M/WBE), for construction management services. There is no SBE participation for this change order. To date, the overall SBE participation on this contract is 66.37%. The Construction Manager has an office located in Palm Beach County. Funding for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 3 (MWJ)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

4.         Staff recommends motion to approve:

 

A) Amendment No. 1 to the Construction Manager (CM) at Risk Services contract (R2021-0904) with Verdex Construction LLC (CM), establishing a Guaranteed Maximum Price (GMP) in the amount of $18,090,931 for the new Mosquito Control Division Compound (Project) for a period of 581 calendar days from notice to proceed; and

 

B) an Agreement for Art Services with Reinaldo Correa Studio LLC in the amount of $175,000 for the design, permitting, fabrication and installation of “Droplet” sculptural installation for the Project.  


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

4.         Summary: On July 13, 2021, the Board of County Commissioners (Board) approved the CM at Risk Services contract (R2021-0904) with the CM for the Project. The Project is to be located on an approximately 5.86 acre undeveloped site at the intersection of Lantana Road and 95th Avenue South in unincorporated Lantana. The existing Mosquito Control Facility has reached the end of its useful life and requires replacement. The decision to build a new facility, on a separate County-owned property in close proximity to the existing facility, was made to allow continued operations during construction while simultaneously addressing additional office/laboratory and storage needs. The Mosquito Control Division is responsible for maintaining levels of arthropod control that will protect human health/safety in the surrounding community. The Project entails a new chemical storage building, office/laboratory building, a replacement fuel island, surface parking for deliveries, visitors and employees, site clearing and infrastructure improvements to facilitate the construction of the new buildings and required site amenities. Amendment No. 1 establishes a GMP in the amount of $18,090,931 for the construction management services necessary for the construction of the Mosquito Control Division Compound. Work includes, but is not limited to, the construction of 6,043 square feet of Office and Laboratory, 6,200 square feet of Chemical Storage, 4,800 square feet of Equipment Storage and Workshop, 9,840 square feet of Vehicle Storage, Fuel Island with accompanying dispensers, kiosk and underground fuel storage tank. The CM will have 581 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 $670 per day.  The CM was selected through a competitive solicitation in accordance to the Equal Business Opportunity (EBO) Ordinance. On April 19, 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 30.40%, of which 5.86% 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.


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

4.         Summary (cont’d.): The CM is not a certified Small/ Minority/ Women-Owned Business Enterprise (S/M/WBE), but has partnered with Total Solution Contractors, Inc., a Small/Minority Business Enterprise (S/MBE) CM contractor, for construction management services in an amount no less than 20% of the contracted preconstruction and construction services as well as 20% of the CM fees. The CM is a local business. On May 25, 2023, a selection committee comprised of the Public Art Committee, Mosquito Control Division Director and representative of Song and Associates, Inc. (project architect) unanimously recommended the proposal entitled “Droplet” by artist Reinaldo Correa (dba Reinaldo Correa Studio LLC) as the Art in Public Places installation for the Project. “Droplet” is planned to be sited along the site’s Lantana Road frontage for visibility to passing motorists and pedestrians and to identify the presence of the facility.  “Droplet” consists of an enlarged mosquito sculpture with an accessory illuminating element replicating a drop of water that serves as a catalyst for mosquito proliferation and symbolizes the potential of individuals and communities to effect positive change “drop by drop” through the gradual accumulation of knowledge, enlightenment and awareness. The Agreement provides for all design, permitting, fabrication and installation services required to complete the installation concurrent with construction completion of the Project. The Agreement is for a total amount of $175,000 and duration of 619 days. The Facilities Development & Operations Director may authorize time extensions under terms of the Agreement on a cumulative basis not to exceed thirty (30) days.  Funding for this project is from the Public Building Improvement Fund and the $54.656M NAV Pub Imp Rev Bonds, Series 2023C, issued to support construction of the project and others. (Capital Improvements Division/Strategic Planning)  District 6/Countywide (MWJ)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)

 

5.         Staff recommends motion to approve: First Amendment to the Amended and Restated Agreement (R2019-0845) (Agreement) with St. Mary’s Medical Center, Inc. (Participant), to extend the term of the Agreement for interoperable communications through the countywide emergency medical services (EMS) and common talk groups of the County’s Public Safety Radio System (County’s System) from June 18, 2024 through June 17, 2029.  Summary: The Agreement (R2019-0845), which provides the terms and conditions under which the Participant can program its radios and utilize the countywide EMS and common talk groups for certain types of interagency communications, expires on June 17, 2024. This Agreement provided for two (2) renewal options, each for a period of five (5) years. The Participant has approved an amendment to extend the term of the Agreement to June 17, 2029, and the renewal now requires approval by the Board of County Commissioners (Board). The terms of the Agreement are standard and have been offered to all hospitals and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the County’s System. The Agreement may be terminated by either party, with or without cause, upon ten (10) days prior written notice to the other party. The first amendment extends the term of the Agreement, updates the standard operational provisions, and adds the E-verify provision. Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (MWJ)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to receive and file: a Loan Agreement with Harper Court Housing, LLC, for Community Development Block Grant Coronavirus (CDBG-CV) Funds in the amount of $1,611,797.  SUMMARY: The Loan Agreement with Harper Court Housing, LLC, provided $1,611,797 (the “Loan”) in CDBG-CV funds toward the acquisition and rehabilitation of a vacant motel located at 308 N. Main Street, Belle Glade. The eighteen (18) County assisted studio units will be provided to persons with incomes at 80% of the Area Median Income or below for no less than 50 years.   The Loan will be secured by a mortgage at a rate of one percent 1% per annum amortized over a period of 50 years.  Total development cost is $2,249,000.  The County-assisted per unit cost is $89,544.  The document has been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Development (DHED) in accordance with Agenda Item 6C-2, as approved by the BCC on January 23, 2024 that delegated authority to the County Administrator or designee to execute agreements, amendments thereto, and all other related documents necessary for project implementation. County PPM CW-O-051 provides that all contracts, agreements and grants signed with delegated authority must be submitted by the initiating department as a receive and file agenda item.  These are Federal CDBG-CV grant funds that do not require a local match.  District 6 (HJF)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)

 

2.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the total amount of $292,691 to Richman Lake Worth Apartments, LLC (RLWA);

 

B) authorize the Mayor to execute a Certificate of Award to be released to the recipient pursuant to IFAHAP Guidelines; 

 

C) approve a Budget Transfer of $244,327 in Impact Fee Assistance Program – Roads Zone 2 to appropriate funds for RLWA;  

 

D) approve a Budget Transfer of $14,724 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds for RLWA; and

 

E) approve a Budget Transfer of $33,640 in Impact Fee Assistance Program – Public Building   to appropriate funds for RLWA.

 

SUMMARY: On October 6, 2023, the Department of Housing and Economic Development issued a Notice of Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2023 allotment funding cycle. RLWA submitted an application in response to the NOFA. Staff recommends that up to $292,691 be provided as a credit for impact fees associated with the construction of 195 rental apartments in three five-story buildings located at 2431 2nd Avenue North, Lake Worth Beach, FL 33461. RLWA will be given credits for Roads Zone 2 Impact Fees ($244,327), Parks Zone 2 ($14,724), and Public Building Impact Fees ($33,640) for the construction of the Residences of Lake Worth Beach project.  RLWA will pay impact fees above the allocated $292,691. The Certificate of Award and related documents will be issued to the entity identified herein and its successors and/or assigns. According to IFAHAP requirements, the units will be rented to persons with income at or below 140% of Area Median Income (AMI) for no less than 50 years. However, RLWA will provide 165 units at 110% AMI or below. These funds are from interest earned by the Impact Fee Fund. District 3 (HJF)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)

 

3.         Staff recommends motion to approve: An Agreement with Florida International University Board of Trustees (FIU) for $30,000 in Community Development Block Grant (CDBG) Program funds to provide an assessment report and needs analysis for affordable/workforce housing units within Palm Beach County. SUMMARY: This Agreement provides for FIU to analyze and report on Palm Beach County’s affordable and workforce housing needs and housing demands and potential shortfall for the next 10 years. The Agreement details the FIU approach and methodology for calculating the number of additional affordable/workforce housing units and will provide an analysis based on various Area Median Income categories.  This report is being done in an effort to gain greater clarity and understanding of the current and future housing demands within the County.  The projected report completion date is September 30, 2024.  These are Federal CDBG funds which do not require a local match.  Countywide (HJF)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

                        1.         Staff recommends motion to approve: Change Order (CO) No. 2 for the Wellfield

Improvements Phase 2 (Project) with Florida Design Drilling LLC (FDD) in the amount of $218,830.67 and for a Contract project time extension of 80 calendar days.  Summary: On December 21, 2021, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2021-1923) with FDD.  The Project provides for the replacement of five (5) wells in Lake Worth, the rehabilitation of four (4) surficial production wells located in West Palm Beach, electrical cable upgrades at eight (8) surficial wells in West Palm Beach, and installation of fiber optic cable looping for wells located in Lake Worth. Change Order No. 2 includes additional costs to install ductile iron filler flanges for wells 8W-6 and 8W-23, drill well 2W-5R in a new location, and install two (2) electrical manholes between PMH-10 and well 8W-3. Time extensions are provided for electrical work delays due to additional tree removal, ground penetrating radar (GPR) work, 4160V transformers and variable frequency drive (VFD) delivery delays. The second interim milestone was delayed by 87 calendar days, while the third and fourth interim milestones were delayed by 265 calendar days. These time extensions did not impact the overall construction duration. Electrical work delays associated with the fifth interim milestone resulted in a delay of 210 calendar days which added 80 days to the substantial and final completion deadlines and the Contract time overall. The Project was procured under the requirements of the Equal Business Opportunity (EBO) Ordinance.  On September 14, 2020, the Goal Setting Committee applied an Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting participation of which 5% shall be among certified African American and/or Hispanic American owned firms. The Contract with FDD provides for 28.55% SBE participation which includes 11.58% M/WBE participation, 10.77% MBE (B), 0.09% MBE(H), 0.72% WBE. Change Order No. 2 includes 15.36% SBE participation, which includes 5.90% MBE participation, 5.90% MBE (B).  The cumulative SBE participation, including Change Order No. 2 is 28.25%, which includes 11.43% M/WBE, 10.63% MBE (B), 0.08% MBE (H), 0.70% WBE. FDD is a Palm Beach County based company. The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 19-022) District 2 (MWJ)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

                        2.         Staff recommends motion to:

 

                                    A) accept a non-standard Utility Easement (Utility Easement);

 

B) accept a non-standard Temporary Construction Easement (Construction Easement); and

 

C) authorize the County Administrator, or Director of Palm Beach County Water Utilities Department (PBCWUD, to execute time extensions and amendments that do not substantially change the terms or conditions of the easement agreements. Both easements are granted by the City of Greenacres (City) to Palm Beach County (County) on property located at Lift Station No. 5015, Greenacres, Florida.  

Summary:  The Utility Easement will cover an additional area required for the conversion of the existing Lift Station No. 5015 from a wet well type lift station to a repump station. The Utility Easement will extend east from the current lift station site and will require the filling of approximately 60 feet of the City’s Canal B.  The Construction Easement will provide for the construction of the rerouted storm drainage system to Canal B. A new access road to Canal B will be created over the storm pipes, both the road and the storm pipes will be the responsibility of the City upon completion of the project.  Construction of the repump station will be facilitated by the Construction Easement.  The City will retain the right of continuing use of the Construction Easement area as an access and other use during construction, which Easement require Board of County Commissioners approval as it contains certain non-standard conditions not contained within PBCWUD’s standard utility easement.  The non-standard conditions include but not limited to right of usage; use limitations; maintenance, repair and restoration; prohibition against liens; insurance; indemnification, no dedication; prohibition against assignment; reservation of rights; waste or nuisance; and governmental regulations. The Risk Management Department and County Attorney’s Office have reviewed the indemnification requirements of the Non-Standard Temporary Construction Easement and advised staff accordingly. Given that liability is limited to County’s exercise of the rights granted under and use of the Temporary Construction Easement and the statutory caps of Section 768.28, Florida Statutes, staff recommends Board approval.   (PBCWUD Project No. 21-062) District 3 (MWJ)

 

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

3.         Staff recommends motion to approve: Work Order (WO) No. 2 to the 2023 Lift Station Rehabilitation Continuing Construction Contract (Continuing Contract) with Hinterland Group Inc., (Contractor) for the Air Release Valve Manhole Adjustments Along Seminole Pratt Whitney Road (Project) in the amount of $431,550.01.  Summary: On January 23, 2024, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2024-0069) with Contractor. WO No. 2 provides for the adjustments of 19 air release valves (ARVs) manholes along the Seminole Pratt Whitney Road from East Aintree Road to East Yorkshire Drive. The project involves excavating and removing existing manhole rings and covers, adjusting the manholes to match the existing grade elevation, installation of temporary asphalt, conducting density tests around each manhole, and site restoration within Palm Beach County (PBC) right-of-way limits. The Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On June 7, 2023, the Goal Setting Committee applied an Affirmative Procurement Initiative of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting participation of which 3% shall be among certified African American and/or Hispanic American owned firms. The Contract provides for 26% SBE participation, which includes 26% MBE participation, 26% MBE (B). WO No. 2 includes 0% SBE participation, which includes 0% MBE participation, 0% MBE (B). The cumulative SBE participation including WO No. 2 is 0% SBE, which includes 0% MBE participation, 0% MBE (B). Contractor is a Palm Beach County based company. The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 24-013) District 6 (MWJ)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

4.         Staff recommends motion to approve:

 

A) Amendment No. 4 to the Contract for Consulting/Professional Services Secondary Clarifier and Effluent Filtration Improvements Engineering Services (Contract) with Hazen and Sawyer, P.C., (Consultant) to extend Contract by an additional 280 calendar days, increase the not to exceed amount by $931,423 and the lump sum by $61,932 for a new not to exceed amount of $993,355; and

 

B) a Budget Transfer of $294,000 in the Water Utilities Department’s Capital Improvement Fund from Wastewater Force Mains to fully fund the project.

 

Summary:  On December 19, 2017, the Board of County Commissioners (BCC) approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2017-1912) with Consultant to provide engineering services during the design, permitting, bidding, and construction phases for the Secondary Clarifier and Effluent Filtration Improvements (Project) at Southern Region Water Reclamation Facility (SRWRF). Amendment No. 4 will extend the Contract duration for the remainder of the construction and allow the Consultant to provide additional coordination and engineering services during construction.  This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 SBE Ordinance was 15% overall participation.  The Contract provides for 21% SBE participation.  Amendment No. 4 includes 3.99% SBE participation. The cumulative SBE participation including Amendment No. 4 is 17.8% SBE. The Consultant is headquartered in New York, New York, but maintains an office in Palm Beach County from which the majority of the work will be performed.  The Project is included in the PBCWUD FY23 budget. (PBCWUD Project No. 17-022) District 5 (MWJ)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

5.         Staff recommends motion to:

 

A)  authorize the Palm Beach County Water Utilities Department (PBCWUD) to pursue funding from the Florida Department of Environmental Protection (FDEP) Water Quality Improvement Grant Program for a grant amount estimated up to $250,000 for the East Main Street Sanitary Sewer Lateral Installation Project (Project);

 

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 that do not substantially change the scope of work, terms, or conditions; 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 grant agreement and all future time extensions, task assignments, certifications, and other forms associated with the forthcoming grant agreement and any necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the forthcoming grant agreement.

 

Summary: The FDEP has allotted funding for Fiscal Year 2024-25 to address wastewater (including septic to sewer), stormwater and agricultural sources of nutrients in waterbodies that are not attaining nutrient or nutrient-related standards, have an established total maximum daily load or are located within a basin management action plan area, a reasonable assurance plan area, an accepted alternative restoration plan area, or a rural area of opportunity under Section 288.0656, Florida Statutes. The objective of the Project is septic to sewer conversions whereby it will connect onsite septic systems to the centralized wastewater collection system and improve water quality.  No local match is required for the grant, since the Project is located in a Rural Area of Opportunity. District 6 (MWJ)

 

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A)  accept a Release of Reservation for Phosphate, Minerals, Metals and Petroleum, including related mining and development privileges, from the Town of Lake Park (Town) for a portion of Lake Park Scrub Natural Area (Natural Area); and

 

B)  approve a Release of Reservation for Phosphate, Minerals, Metals and Petroleum, including related mining and development privileges, in favor of the Town for certain lands located north of the Natural Area.

 

Summary:  On July 11, 2000, the County and Town entered into an Interlocal Agreement (R2000-0998) in which the County agreed to convey approximately 2.674 acres of land north of the Natural Area to the Town for the proposed westward extension of Park Avenue. In exchange, the Town agreed to convey approximately 2.794 acres of environmentally sensitive land to the County for incorporation into the Natural Area.  When the County conveyed the 2.674 acres to the Town (OR Book 11995, Page 858), it reserved “…an undivided three fourths interest in, and title in and to an undivided three-fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same” (Reservations).  When the Town conveyed the 2.794 acres to the County (OR Book 11995, Page 853), it conveyed the land subject to identical Reservations.  Staff recommends the reciprocal release of Reservations held by the Town and County for the following reasons: 1) mining or development of either of the subject lands for phosphate, minerals, metals or petroleum would be contrary to the lands’ intended use; 2) there is no reason to believe that either tract contains any phosphate, etc. of significant marketable value; and 3) release of the Town’s Reservations from the County-owned tract would allow the County to apply for a grant to help pay for the construction of public use facilities on the Natural Area.  On May 1, 2024, the Town’s Commission voted to release the Town-held Reservations that encumber the County-owned tract in exchange for the County’s release of Reservations over the Town-owned tract.  The reciprocal release of Reservations by the Town and County is not expected to have any fiscal impact.  District 7 (SS)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (cont’d.)

 

2.         Staff recommends motion to approve: the Detailed Work Plan Budget – Arthropod Control (Budget) and Integrated Mosquito Management Plan (Work Plan) for the State Financial Assistance Recipient Agreement (Agreement) or State Mosquito Control Memorandum of Understanding (MOU) with the Florida Department of Agriculture and Consumer Services (FDACS) for fiscal year beginning October 1, 2024 and ending September 30, 2025. Summary:  The Budget and Work Plan are due to FDACS by July 15, 2024, as part of the re-application process for state aid for FY2025. The current MOU No. 30506 was approved by the Board of County Commissioners on May 7, 2024. The County anticipates receiving a new Agreement or MOU for FY2025 from FDACS in September to support mosquito control activities as approved by FDACS. An Agreement would be required if FDACS awards grant assistance to the County, but the County anticipates there will be no grant assistance awarded for FY2025. However, even if there is no Agreement for a grant award, an MOU would still be required by Florida Administrative Code (F.A.C) Rule 5E-13.022 for counties that are not eligible to receive state aid for control of arthropods, but want to remain in the state approved program. Under the MOU, the Mosquito Control Division would be responsible for the completion of monthly deliverables as stated in the MOU. State aid determination is based on a tier system. Based on Mosquito Control’s Annual Certified Budget FY2025, FDACS placed Mosquito Control into Tier 1, which receives no state funding, which resulted in the current MOU instead of an Agreement.  Countywide (SS)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to:

 

A)  accept the donation of $108,600 from the Friends of the Mounts Botanical Garden, Inc. (Friends) for the display of Ribbit the Exhibit at Mounts Botanical Garden of Palm Beach County (MBG), by J Cobb Group, which includes $3,600 in County staff charges for the County Art in Public Places (AiPP) Administrator’s role in contract management, placement of Ribbit the Exhibit and risk management compliance;  and

 

B)  approve a Budget Amendment in the Cooperative Extension Revenue Fund (Fund 1482) in the amount of $108,600.

 

Summary:  The Friends agree to fund all costs associated with Ribbit the Exhibit which covers all expenses, equipment, installation and County staff charges.  This work will be led by Facilities, Development & Operations (FDO)/AiPP Section and is estimated to cost $108,600 to bring the Ribbit the Exhibit exhibition to the MBG from December 2024 through May 2025.  Ribbit the Exhibit will reinforce MBG’s mission to inspire and educate through nature, and enhance the sensory experience in the garden. District 2 (AH)

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: a Memorandum of Agreement for Participating Agencies Urban Search and Rescue Florida Task Force 1 (FL-TF1) (MOA) with Miami-Dade County (Miami-Dade) for the participation of Palm Beach County (County) in the Florida Task Force 1 (FL-TF1) of the National Urban Search and Rescue (USAR) Response System, commencing upon execution by the parties through August 31, 2025.  Summary:  FL-TF1 is funded by the Federal Emergency Management Agency (FEMA). Miami-Dade is the Sponsoring Agency with FEMA for FL-TF1, and the County was a participating agency between 2009 and 2013. This new MOA expires on August 31, 2025, and provides for a renewal option for five (5) years and can be terminated by either party upon a thirty (30) days written notice. Countywide (SB)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve: a twelve (12) month lease agreement between the Board of County Commissioners (BCC), of Palm Beach County, Florida, and Nations Bus Corp, a California Corporation, for the leasing of three (3) coach bus vehicles to operate the Port St. Lucie Express (PSL Express) Regional Transit Pilot Program, in the amount of $396,000.  Summary:  The PSL Express Regional Transit Pilot Program will connect Palm Beach County and St. Lucie County commuters using a motor coach-style transit service and will travel north and south via I-95 providing two (2) morning and two (2) evening trips between Gatlin Park in St. Lucie County and the Intermodal Transfer Center in West Palm Beach.  The terms and conditions of the lease agreement shall commence and are set forth to begin on July 15, 2024, and end on July 14, 2025. The rental amount for each vehicle is eleven thousand (11,000) per month.  The lease can be extended up to two (2) times with twelve (12) month extensions with a written notification of an extension request submitted at least thirty (30) days before the current term’s maturation date. This lease agreement has been fully funded by a Public Transportation Grant Agreement (PTGA- G2S14) with the State of Florida Department of Transportation (FDOT). Countywide (MM)  

 

2.         Staff recommends motion to approve:

 

A) Memorandum of Understanding (MOU) between South Florida Regional Transportation Authority (SFRTA), Broward County Transit (BCT), Miami Dade Public Works (MDPW), and Palm Tran (PT) setting forth the required co-operation between the Agencies allowing for the purchase of fares and the successful implementation of SFRTA’s new mobile application; and

 

B)  API License and Services Agreement SFRTA Regional App. 

 

Summary: SFRTA has received funding form the Broward County Metropolitan Planning Organization (MPO) for the creation of a Regional Transit Application for South Florida.  This project, fully funded by SFRTA through the MPO will require staff time and a commitment from each transit agency to meet the funding deadline. The mobile application will serve as a method of purchasing other transit agency fare  media. SFRTA’s application will transfer the user over to each agencies platform for the purchase of those fares and for processing. The API agreement will allow the regional mobile app to leverage the Genfare Link API for Palm Tran’s Genfare Link.  The SFRTA app will use this API to allow riders who wish to purchase Palm Tran products to create accounts, and use those products.  All data for Palm Tran transactions will remain within Palm Tran’s Genfare Link.  No personal information for riders will be shared, and credit card payments will be processed, as they are today in Palm Tran’s system. Countywide (MM)  


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file:  Four (4) Contracts for Professional Services (Contracts) with the following Doctoral Psychology Interns to complete a required 2,000-hour internship that will provide the interns training and experience in family and youth counseling for the period August 5, 2024 through July 31, 2025:

 

A) Christina Castellana in the amount of $30,500;

 

B) Maria Fernanda Bayron Vazquez in the amount of $30,500;

 

C) Yadira Diaz Romero in the amount of $30,500; and

 

D) Michelle Sidhom in the amount of $30,500.

 

Summary: The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many colleges and universities offering degrees in psychology and social work.  Doctoral programs require internships to meet degree and licensing requirements.  The Division is offering its program as a location to obtain this training.  Each intern, at a minimum, is assigned and completes the workload equivalent of a Therapist.  The hourly base rate of a Therapist is $25.16 versus the hourly intern rate of $15.  Additionally, each intern will receive a $500 stipend for health insurance.  On September 11, 2012, Agenda Item 3X-3 authorized the County Administrator, or designee, to execute future doctoral psychology intern contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. The Contracts span two fiscal years. Sufficient funding is included in the current budget and in the proposed FY2025 budget to meet the County obligations. Countywide (HH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

2.         Staff recommends motion to:

 

A) approve a Cooperative Agreement with the School Board of Palm Beach County (School District) to continue classroom instruction for youth in the education program at the Highridge Family Center (Highridge) for the period July 1, 2024 through June 30, 2026, at no additional cost to the County; and

 

B) authorize the County Administrator or designee to sign future standard cooperative agreements/amendments with the School District for the Highridge Program that do not substantially change the scope of work, terms or conditions of the agreement.

 

Summary:   Highridge is a three (3)-month residential treatment program for youth 11 to 16-years-old, who are experiencing problems at home, with friends or within the community. Since the inception of Highridge in 1996 (formerly known as Sabal Palm), Palm Beach County Board of County Commissioners (County) and the School District have maintained a cooperative agreement that allows for the District to provide educational services to all youth enrolled at Highridge for the duration of the youths' stay in the program.  These services provided by the School District are at no cost to the County or to the youth in the program. The number of youth served during the year is census dependent and averages approximately 150-300 youth per year. On June 5, 2001, Agenda Item No. 3X-2 authorized the County Administrator, or designee, to execute standard Cooperative Agreements with the School District on behalf of the Board of County Commissioners after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations.  Due to the current revisions to incorporate the Youth Services Department’s (YSD) certified use of the Sanctuary Model of Trauma-Informed Care, YSD is requesting an updated delegation for future agreements with these terms/conditions.  The School District has scheduled this Agreement for approval on its June 12, 2024 meeting agenda.  Countywide (HH)


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

3.         Staff recommends motion to approve:

 

A) a retroactive Community Based Agency Contract with The Path to College Foundation, Inc. (Path to College), for the period of June 1, 2024 through September 30, 2024, in an amount of $25,000 to provide its Summer College and Career Program;

 

B)  a retroactive Community Based Agency Contract with Digital Vibez, Inc. (Digital Vibez) for the period of June 3, 2024 through September 30, 2024, in an amount of $171,428, to provide Wellness Workshops and the Kidsfit Jamathon Program;

 

C) a Budget Transfer of $25,000 in the General Fund from the Evidence Based Programming Unit (Unit 1451) to fund the cost associated with the Path to College Foundation, Inc. contract; and

 

D)  a Budget Transfer of $49,000 in the General Fund from the Planned Parenthood Unit (Unit 2065), transfer of $93,000 in the General Fund from the College for Kids Unit (Unit 2087), and transfer of $29,428 in the General Fund from the Evidence Based Programming Unit (Unit 1451) to fund the cost associated with the Digital Vibez, Inc. contract.


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

3.         Summary: Path to College’s Summer College and Career Program (Summer College/Career) will offer leadership development and mentoring services to assist youth with college and career choices.  The Summer College/Career Program will offer college prep sessions, college tours, a public speaking competition, and internship matching opportunities and stipends, and is projected to serve 60 youth.  Digital Vibez’s Wellness Workshops and Kidsfit Jamathon Program (Wellness Workshops) is designed to combat childhood obesity.  The Wellness Workshop Program is projected to serve 600 youth ages 5 – 17 at a number of out-of-school and summer camps in communities throughout Palm Beach County.  Each Workshop will consist of eight (8) one-hour sessions providing dance fitness and nutrition education.  Each Workshop series will end with the Kidsfit Jamathon, providing an opportunity for participants to engage in various fitness activities and showcase what they have learned.  Community Based Agency Contracts with College for Kids Inc., d/b/a Take Stock in Children of Palm Beach County (College for Kids)  (R2021-1290) for its Take Stock in Children PBC program, and Planned Parenthood of South Florida and the Treasure Coast, Inc. d/b/a Planned Parenthood of South, East and North Florida (Planned Parenthood) (R2021-1297) for its Time for Your Teen program, were approved by the Board of County Commissioners (BCC) in September 2021, for the period of October 1, 2021 through September 30, 2024, for an annual amount of $93,000 and $49,000, respectively.  One (1) of the Budget Transfers will transfer unspent funding from these two (2) contracts ($49,000 from Planned Parenthood and $93,000 from College for Kids) that were terminated in FY24. College for Kids and Planned Parenthood contracts were terminated by the agencies on February 29, 2024, and May 1, 2023, respectively. Approval of these Budget Transfers will fund summer programming with Path to College and Digital Vibez.   Both of these contracts include a logic model and reporting measurements specific to their individual programs.  After completion of the contracts, reports will be generated detailing the progress in meeting performance measurements.  In 2023, Digital Vibez’s Wellness Workshop Program served 798 youth participants. Eighty-three percent (83%) of youth participants in 2023 demonstrated an increase in knowledge and understanding of nutrition and diabetes.  Countywide (HH)

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to approve: a Budget Transfer of $100,000 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. The Computer Crimes Unit will use the requested funds to purchase and install a Faraday room. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $3,809,037. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $3,709,037.  The PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida Statutes. No new positions are needed and no additional County funds are required.  Countywide (RS) 

 

 

DD.     SUPERVISOR OF ELECTIONS

 

1.         Staff recommends motion to approve:   One (1) precinct boundary change and one (1) precinct creation, submitted by Wendy Sartory Link, Supervisor of Elections (SOE), as required by Section 101.001(1), Florida Statutes. Summary:  1 precinct boundary change and 1 precinct creation are recommended by Wendy Sartory Link, SOE, due to a Community Development District becoming elected by popular vote. District 1 (AH)

 

 


JUNE 11, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

EE.      TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: two fully executed Palm Beach County FY2024, Category “G” Grant Agreements managed by the Palm Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm Beach County Tourist Development Council (TDC) with:

 

A) The ACL, LLC dba American Cornhole League, LLC, for the promotion of the American Cornhole League Kickoff Battle, held from April 3 – 7, 2024, for the term January 3, 2024 – August 7, 2024.  This grantee was approved by the TDC on March 7, 2024, in the amount of $44,000; and

 

B) Association of Pickleball Professionals, LLC, for the promotion of the Association of Pickleball Professionals (APP) Vlasic Classic - Delray Beach, held from April 3 – 7, 2024, for the term January 3, 2024 – August 7, 2024.  This grantee was approved by the TDC on November 9, 2023, in the amount of $20,000.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating department as a receive and file agenda item.  On June 7, 1994, the Board of County Commissioners (Board) adopted Resolution R94-702, as amended, authorizing the County Administrator and/or the Executive Director of the TDC to enter into grant agreements with Category G (Sports) grantees after they have been approved by the TDC. Room nights generated for ACL, LLC dba American Cornhole League, LLC / American Cornhole League Kickoff Battle were 1,855, and room nights generated for Association of Pickleball Professionals, LLC /Association of Pickleball Professionals (APP) Vlasic Classic -Delray Beach were 2,428. Districts 2 & 7 (YBH)

 

 

 

 

* * * * * * * * * * * *


JUNE 11, 2024

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Proof of publication)

 

 

A.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to adopt: An Ordinance of the Board of County Commissioners (BOCC) of Palm Beach County, Florida, Repealing Ordinance 2020-028: The Palm Beach County Amendments to the Florida Building Code (FBC), 7th Edition, (2020) Chapter 1, “Administration” (FBC-Building) and Figures 1609.3 (1), (2), and (3), Basic Wind Speed Maps (FBC-Building), and Appendix F, “Proposed Construction Building Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing); Adopting the Palm Beach County Amendments to the Florida Building Code (FBC), 8th Edition (2023), Chapter 1, “Scope and Administration” (FBC-Building), and Figures 1609.3 (1), (2), (3), and (4) Wind Loads and Maps (FBC-Building), Appendix Q “Tiny Houses” (FBC-Residential), and Appendix F, “Proposed Construction Building Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing); Providing for Applicability; Providing for Repeal of Laws in Conflict; Providing for Inclusion in the Code of Laws and Ordinances; Providing for a Savings Clause; Providing for Severability; and Providing for an Effective Date.  Summary: The Florida Legislature enacted Florida Statutes Section 553.73, mandating a statewide (FBC) and allowing local governments to adopt their own Administrative Chapter of the FBC. This proposed ordinance adopts an updated Chapter 1 “Scope and Administration” of the FBC 8th Edition (2023)  applicable to the unincorporated area of Palm Beach County, and in those municipalities having an Interlocal Agreement for the provision of County plan review and inspection services.  As in past code updates, this Administrative Chapter 1 is based on the language adopted by the Florida Building Commission, along with model language developed by the Building Officials Association of Florida (BOAF), which was further refined by the Palm Beach County Building Code Advisory Board (BCAB) and adapted specifically to align with  Palm Beach County regulations.  Figures 1609.3 (1), (2), (3) and (4) have been modified pursuant to changes in the FBC 8th Edition (2023), in accordance with Florida Statutes Section 553.73 and Section 1609.3 of the FBC, and changes in the reference standard ASCE-7-2022. This section provides for local governments to clarify and establish specific wind speed/wind borne debris lines using physical landmarks, whenever possible. This proposed ordinance also adopts FBC 8th Edition (2023) Appendix Q of the FBC-Residential volume allowing the construction of tiny houses. This proposed ordinance also repeals and re-adopts an updated FBC 8th Edition (2023) Appendix F of the FBC-Plumbing volume regulating new irrigation systems helping to conserve water and protect the public water supply. These Construction codes shall apply to all irrigation systems used on residential and commercial landscape areas, excluding use of reclaimed waters. They address the design requirements, water quality, materials, installation, inspection and testing for such systems. These construction codes do not apply to irrigation systems for golf courses, nurseries, greenhouses, or agricultural production systems. Unincorporated (RM)

           

* * * * * * * * * * * *


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve:  Agreement for Purchase and Sale (Agreement) of approximately 9,964 square feet (0.23 acres) of unimproved land referred to as PBI Parcel No. W-11 (Parcel W-11), located at 4597 Oxford Street, West Palm Beach, west of the Palm Beach International Airport (PBI) from Eligio LLC (Eligio), for $265,000 plus closing, title insurance, documentary stamps, recording and survey costs estimated at $5,000.  Summary:  The Agreement provides for the purchase of Parcel W-11, which is a vacant residential parcel within the Runway 10L/28R runway protection zone (RPZ) at PBI, consisting of approximately 9,964 square feet (0.23 acres) of unimproved land.  Parcel W-11 was appraised by Anderson & Carr, Inc. in February 2, 2024, for $265,000 and the purchase price is equal to the current appraised value.  The unadjusted range of comparable sales used in determining the appraised value of Parcel W-11 range from $25.27 to $31.99 per square foot of land area, which the appraiser adjusted to $23.52 to $28.80 per square foot, and concluded a market value of $26.50 per square foot, or $265,000 via the sales comparison approach.  Closing costs are estimated to be approximately $5,000, including closing, title insurance, documentary stamps, recording and survey costs.  All purchases, sales and exchanges of real estate must be approved by a supermajority vote (5 Commissioners) pursuant to Article VI, Section 22-106 of the Palm Beach County Code.  Countywide (HJF)

 


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

2.         Staff recommends motion to approve:  an Airport Ground Transportation Management Agreement (Agreement) with SP Plus Corporation (SP+), a Delaware corporation, commencing on July 1, 2024, and expiring on September 30, 2025, with the option to renew for up to four (4) additional years, for the administration, operation and management of the ground transportation at the Palm Beach International Airport (PBI) in an amount not to exceed $1,100,000 during the initial term. Summary:  The Agreement provides for the administration, operation and management of all modes of ground transportation at PBI, including services provided by on-demand and pre-arranged ground transportation providers and transportation network companies.  Request for Proposals (RFP) PB 23-9 for an Airport Ground Transportation Management Agreement was issued on November 20, 2023.  SP+ was the sole responsive proposer to the RFP.   The term of the Agreement commences on July 1, 2024, and expires on September 30, 2025, with the option to renew for up to four (4) additional years. The Agreement provides for payment of a fixed management fee of $199,500 for the initial term payable in equal monthly installments, employee expenses based on a fully burdened hourly rate by category of employee, and specified reimbursable expenses for a total not to exceed amount of $1,100,000.  SP+ will be responsible for all aspects of the ground transportation program at PBI, including the on-site dispatching for on-demand ground transportation, management of the ground transportation management system (GTMS), enrollment of drivers into the GTMS, ensuring compliance with airport regulations and permit requirements, assisting passengers as needed with ground transportation services, responding to customer complaints and ensuring ground transportation services remain available to satisfy passenger demand.  The Department of Airports is also recommending (via separate item included in this same agenda) the award of the On-Demand Ground Transportation Agreement to 4R Services LLC (4R Services) for the provision of taxicab and non-metered luxury sedan services. 4R Services is the incumbent on-demand ground transportation service provider pursuant to an Airport Ground Transportation Services Agreement (R-2021-0416, as amended and assigned) and currently provides on-site dispatching services for on-demand ground transportation.  In order to provide an orderly transition to SP+, 4R Services will continue to provide on-site dispatching services on an interim basis until SP+ completes its hiring and training process. The agreement with 4R Services for dispatching services will be terminated upon completion of the process, which is anticipated to take 30 to 45 days.  An Airport Concession Disadvantaged Business Enterprise (ACDBE) contract goal of 10% was established for this Agreement.  SP+ committed to 20% ACDBE participation.  Pursuant to changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a medium hub commercial service airport may not approve purchases of contractual services in excess of $1,000,000 on a consent agenda.  This Agreement exceeds the threshold amount and must be approved on the regular agenda. Item 3F-5 on this agenda is a companion to this item. Countywide (AH)


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

        3.         Staff recommends motion to approve:

 

A)  a Contract with Ranger Construction Industries, Inc. (Ranger) in the amount of $1,492,339.70 with a project duration of 190 calendar days for the West Apron Pavement Reconstruction Project (Project) at the Palm Beach County Park Airport (Lantana Airport); and

 

B)  a Budget Transfer of $130,000 in the Airport’s Improvement and Development Fund to provide budget for the Contract, including a transfer from Reserves in the amount of $130,000, which includes an increase in Project costs of $77,660 for unforeseen conditions.

 

Summary:  The Project was advertised on January 28, 2024, utilizing the County’s competitive bid process.  On February 27, 2024, two (2) bids were received for the Project.  Ranger, a Palm Beach County, Florida company, was the lowest responsible/responsive bidder in the amount of $1,492,339.70. The Project will provide for pavement reconstruction on the western portion of the aircraft parking apron at the Lantana Airport, including pavement demolition, unclassified excavation, subgrade compaction, subbase and lime rock base course construction, paving, pavement markings, drainage improvements and aircraft tie-down anchor removal and installation.  A Disadvantaged Business Enterprise (DBE) goal of 10% was established for this Project.  Ranger committed to 10% DBE participation.  Pursuant to changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a medium hub commercial service airport may not approve purchases of contractual services in excess of $1,000,000 on a consent agenda.  This Contract exceeds the threshold amount and must be approved on the regular agenda.  Countywide (AH)


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

     4.         Staff recommends motion to approve:

 

A)  Amendment No. 2 to the Construction Manager (CM) at Risk Contract (Contract) with Suffolk Construction Company Inc. (Suffolk) for CM at Risk Services in the amount of $10,047,843.24 with a project duration of 689 calendar days for Concourse B Expansion - Package 2A (Phase 2) at the Palm Beach International Airport (PBI);

 

B)  a Budget Amendment of $5,092,000 in the Airport's Improvement & Development Fund to recognize Passenger Facility Charge (PFC) revenue, including a transfer in the amount of $3,406,931 from reserves; and

 

C)  a Budget Transfer of $5,092,000 in the Airport's PFC Fund to transfer PFC funds to the Airport's Improvement & Development fund, including a transfer from PFC reserves in the amount of $5,092,000.

 

Summary:  On June 15, 2021, the Board of County Commissioners (Board) approved the Contract (2021-0843) with Suffolk for CM at Risk Services for the Concourse B Expansion Project at the Palm Beach International Airport (Concourse B Expansion Project), which included pre-construction services in the amount of $60,000. Services under the Contract are provided on a task/work order basis and are approved in accordance with PPM CW-F-050. The Concourse B Expansion Project is being constructed in phases. On February 7, 2023, the Board approved the first phase of the Concourse B Expansion Project (Phase 1) (R2023-0217) in the amount of $12,398,676 with a project duration of 368 calendar days, which provided for the expansion of restroom facilities and construction of new concession space between Gates BS and B7. Change Order No. 1 to Amendment No. 1 in the amount of $802,677 was approved by the Board on April 18, 2023 (R2023-0531). Change Orders 2- 6 to Amendment No. 1 in the amount of $180,945 were approved pursuant to the authority of PPM CW-F-050 and provided for services associated with the mitigation of materials identified in a pre­ renovation asbestos survey. Change Order No. 7 to Amendment No. 1 in the amount of $464,366.94, extending the project duration by 190 calendar days, was approved by the Board on December 19, 2023 (R2023-1861). Approval of Amendment 2 in the amount of $10,047,873.24 will increase the cumulative contract amount to $23,954,538.18.

 


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

                        4.         SUMMARY (cont’d.): Amendment No. 2 provides for the completion of Phase 2 of the Concourse B Expansion Project, which provides for the update of the finishes in the existing concourse to match the final phase. It also includes installation of mechanical chilled water piping on the roof and the relocation of a water main needed to complete the final phase of the Concourse B Expansion Project. Suffolk is based in Boston, Massachusetts; however, the work will be directly managed by its regional office in West Palm Beach, FL. An overall Disadvantaged Business Enterprise (DBE) goal of 20% was established for the Contract. DBE participation for this Amendment is 5%. The total DBE participation for this Contract to date, including this Amendment No. 2, is 12%. Pursuant to changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $1,000,000 provided in Section 287.017, Florida Statutes, on a consent agenda. Amendment No. 2 exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)

 

 

B.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to receive and file: presentation on property values and the Property Appraiser’s FY 2025 budget proposal.  Summary: The Property Appraiser will provide a presentation on property values and the Property Appraiser’s FY 2025 budget proposal. Countywide (DB)

 


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

C.        PUBLIC SAFETY DEPARTMENT

 

1.         Staff recommends motion to approve: on preliminary reading and permission to advertise for a public hearing on July 2, 2024 at 9:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 17, ARTICLE V, OF THE PALM BEACH COUNTY CODE, PERTAINING TO THE ADULT ENTERTAINMENT CODE; PROVIDING FOR WORK IDENTIFICATION CARD; PROVIDING FOR MINORS PROHIBITED; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.  Summary: During the 2024 Florida Legislative Session, House Bill 7063 passed, creating section 787.30, Florida Statutes effective July 1, 2024. The bill requires persons working in adult entertainment establishments to be at least twenty-one (21) years of age.  Section 17-153 of the of the Adult Entertainment Ordinance currently requires adult entertainers working in adult entertainment establishment to apply for a work identification (ID) card from the Public Safety Department and show proof that they are at least eighteen (18) years of age.  Additionally, section 17-196 prohibits employment of persons under the age of eighteen (18) from working in an adult entertainment establishment.  The proposed amendment aligns the age requirements of the Adult Entertainment Ordinance to conform to the new state law.  There are approximately 1,400 Adult Entertainment work identification cards issued each year and about 6% are between the age of eighteen (18) and twenty-one (21) years of age. The proposed amendment to the ordinance was presented to the League of Cities on April 24, 2024 and Consumer Affairs Hearing Board on May 15, 2024 and was approved without objection.  Countywide (RS)

 

 

 

D.        OFFICE OF EQUAL BUSINESS OPPORTUNITY

 

1.         Staff recommends motion to receive and file:  FY 2024 Quarter 2 and FY 2024 Semiannual Small/Minority/Women Business Enterprise (S/M/WBE) participation report.  Summary: The Office of Equal Business Opportunity (OEBO) is tasked with providing a written report on the progress of the program elements used to increase small, minority, women business enterprises (S/M/WBE) participation. The Equal Business Opportunity (EBO) S/M/WBE Program is making progress and has positively impacted small businesses in the County; however, continued support of the Minority/Women Business Enterprise (M/WBE) program remains necessary to achieve parity. Countywide (RS)


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

E.        PLANNING, ZONING, & BUILDING

 

1.         Staff recommends motion to adopt:

 

A) a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, consenting to the expansion of Lake Park Community Redevelopment Agency (CRA), boundaries as identified within the Town of Lake Park’s 2023 Finding of Necessity (FON); and

 

B) a resolution of the BCC of Palm Beach County, Florida, authorizing and directing the Mayor to sign an Interlocal Agreement (ILA) between Palm Beach County (County), the Town of Lake Park (Town), and the Lake Park CRA, exempting the County from remitting tax increment revenues as set forth in Section 163.387, Florida Statutes, to the CRA or the Redevelopment Trust Fund for all real property located within the two (2) new CRA expansion areas, as identified within the Town’s 2023 Finding of Necessity.

 

Summary: On September 20, 2023, the Town adopted Resolution No. 38-05-23, determining that blight, as defined in Ch. 163.340, F.S., is present in certain areas of the Town.  This Resolution approved a FON, as required by Chapter 163, Part III of the Florida Statutes, in order to expand the boundaries of the Lake Park CRA to include the 10th Court area (+/- 26 acres), and the Silver Beach Road area (+/- 41 Acres), adding to the existing +/- 293 acres, for a total of approximately 360 acres.  The Town and CRA believe that this expansion would enhance the effectiveness of the investments that the taxing authorities have made into the CRA and to provide for additional tax base growth in the future.   County staff presented concerns to the Town and CRA on the potential loss of County tax revenue within the proposed CRA expansion areas.  In response, the Town and CRA have agreed to exempt the County from remitting tax increment revenues to the CRA and the Redevelopment Trust Fund for all real property located within the two (2) new CRA expansion areas, as  identified within the FON, as memorialized within the proposed ILA. Concurrent execution of the ILA in tandem with the CRA boundary expansion would alleviate County staff concerns.  The ILA was executed by the CRA (Resolution 24-05-24) and Town (Resolution 25-05-24) on May 1, 2024, and is pending consideration by the BCC. District 7 (DL)


JUNE 11, 2024

 

 

5.         REGULAR AGENDA

 

 

F.         FACILITIES DEVELOPMENT & OPERATIONS:

 

                        1.         Staff requests Board direction: Regarding the master planning and redevelopment of

the South County Administrative Complex (Complex). Summary: The Complex consists of approximately 25 acres of County-owned developed real property located approximately 1,000 feet south of West Atlantic Avenue on the east side of Congress Avenue in the City of Delray Beach (City). The Board of County Commissioners (Board) has been considering the matter of the potential redevelopment of the Complex since 2006. At the time, the County and City jointly funded a redevelopment plan for the then existing and known future County uses with goals of replacing most buildings with new, in a form that enhanced the City's vision for the Congress Avenue corridor, made access to transit easier and resulted in about 5 acres of land that could be surplussed for transit oriented development and residential uses. The recession stopped the redevelopment from proceeding and the County's needs changed through the years, requiring updates to the plan. In 2016-2017, while drafting the project plan to be presented under the Infrastructure Sales Tax (IST) initiative, the Board decided against redeveloping the Complex and opted for upkeep of the existing facilities, assigning $6M towards said effort. In recent years, a renewed interest in redeveloping the site has been conveyed to Staff. Therefore, a total of five workshops have been conducted with the Board on October 29, 2019; June 23, 2020; April 27, 2021; April 26, 2022; and August 29, 2023, towards arriving at a Master Plan for the future redevelopment of the Complex. During the last workshop, Staff and its design consultant (Zyscovich, LLC) presented to the Board three conceptual master plan options, all of which attained the previously provided Board direction of consolidating government operations onsite (through vertical construction) in order to maximize the total land area that could be disposed (e.g., sale, ground lease) to a private redevelopment partner for construction of a housing-oriented, mixed use project. Following Staff’s presentation, the Board articulated a clear preference for conceptual master plan option #1, which provides for approximately 14 acres of the site to remain in governmental use with the remaining 10 acres (approx.) to be made available for private development.  Staff was directed to prepare a funding plan for the estimated project costs and, in so proceeding, to engage with the non-County agencies on site (e.g., Department of Health, South Florida Regional Transportation Authority) to explore potential collaborations for project development, be it through financial contributions or grant opportunities. Considering that the construction of structured parking is one of the project’s main cost drivers, Staff recommended and was authorized to pursue a parking study to right size the number of parking spaces required for the redevelopment project. Staff has completed its outreach to all potential partnering agencies and Zyscovich has completed the parking study. The purpose of this item is to: 1) present the results of the outreach efforts, 2) present the results of the parking study, 3) present a conceptual funding plan, and 4) obtain Board direction regarding project development. (FDO ADMIN)  Districts 4, 5 and 7/District 7 (MWJ)

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JUNE 11, 2024

 

 

 6.        BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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JUNE 11, 2024

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 11, 2024

 

 

8.         COMMISSIONER COMMENTS

 

 

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

 

 


JUNE 11, 2024

 

9.         ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."

 

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