BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
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 - 56)
4. SPECIAL
PRESENTATIONS (Page 57)
5. REGULAR
AGENDA (Pages 58 -
64)
6. BOARD
APPOINTMENTS (Page 65)
7. STAFF
COMMENTS (Page 66)
8. BCC
COMMENTS (Page 67)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
68)
10. ADJOURNMENT (Page 69)
* * * * * * * * * * *
SEPTEMBER 10, 2024
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Resolutions
declaring the acquisition of fee simple rights-of-way for intersection
improvements at Clint Moore Road and Military Trail project.
Page 10
3C-2 Interlocal
Agreement with City of Greenacres for construction of roadway improvements for
Chickasaw Road project.
Page 11
3C-3 Agreement
with Lakes at Polo Trace Homeowners Association, Inc. for traffic laws
enforcement.
3C-4 Consultant
Service Authorization No. 5 with HSQ Group, LLC for the Orange Grove Blvd. and
Persimmon Blvd. project.
D. COUNTY ATTORNEY
Page 12
3D-1 Amendment
2 with Fowler White Burnett, P.A. to increase the contract amount.
3D-2 Settlement
Agreement in the employment litigation with Carmen Krowel.
E. COMMUNITY SERVICES
Page 13 - 15
3E-1 Second
Amendments to Agreements for the Provision of Financial Assistance with
agencies to amend the contract terms to extend the date and increase the
funding.
Page 16
3E-2 Amendment
No. 1 to contract for the Ryan White Program HIV/AIDS Part A with Broward
Regional Health Planning Council.
Page 17 - 18
3E-3 Ratify
the Mayor’s signature on the First Amended and Reinstated Federally Funded
Sub-grant Agreement with FDOC to provide economic mobility and stability
services to low-income households.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 19
3F-1 Donation Agreement with PBSO transferring a
T3 Motion Electric Standup Vehicle.
3F-2 Amendment No. 1 with ARINC Incorporated
exercising the first one year renewal option.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 20
3G-1 Financial
Statements for the Fiscal Year Ending September 30, 2023 from the City of Belle
Glade Community Redevelopment Agency.
3G-2 Resolution
changing the membership of the Contract Review Committee.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 21
3H-1 Roger
Dean Stadium Renovation Project development report No. 6.
3H-2 Agreement with Hatzalah South Florida
Emergency Medical Services, Inc. allowing for interoperable communications.
Page 22
3H-3 First Amendment to the Amended and Restated
Interlocal Agreement with U.S. Dept. of Homeland Security to extend the term;
and First Amendment to the Amended and Restated Interlocal Agreement with U.S.
Marshals Service to extend the term.
Page 23
3H-4 First Amendment to the Interlocal Agreement
with the Village of North Palm Beach to extgend the term of the interoperable
communications agreement.
Page 24
3H-5 First Amendment with JFK Medical Center
Limited Partnership to extend the term for interoperable communications
agreement.
Page 25
3H-6 License Agreement in favor of Hotware
Communications Ltd. to use the County-owned property known as Roger Dean
Stadium.
Page 26
3H-7 License Agreement in favor of FDEM for the
purpose of allowing temporary use of the County’s Stockade Parking Lot as an
emergency staging site.
Page 27
3H-8 Reappointment of one member to the Palm Beach
County Property Review Committee.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 28
3H-9 Work Order No. 24-013 with Cedars
Electro-Mechanical, Inc. for the South County Civic Center-Chiller Replacement
project.
Page 29
3H-10 Amendment No. 1 with Leo A. Daly LLC for the
Judicial Facilities project to extend the term.
K. WATER UTILITIES
Page 30
3K-1 Contract
for the improvements to Lift Stations with B&B Underground Construction
Inc.
Page 31
3K-2 Work
Order No. 2 with Rangeline Tapping Services for the 2024 Pipeline Wet Tap and
Line Stops.
Page 32
3K-3 Six
Standard Potable Water and Wastewater Development Agreements.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Reappointments
of 3 members, and appointment of one new member to the Natural Areas Management
Advisory Committee.
Page 34
3L-2 Task
Assignment No. 9 to the FDEP for ongoing site management activities for cleanup
of petroleum contamination sites.
3L-3 Task
Assignment No. 8 to the FDEP for routine compliance inspection at petroleum
storage tank facilities.
Page 35
3L-4 Resolution
request FDEP support appropriation of funds for Shore Protection Projects.
Page 36
3L-5 Law
Enforcement Agreement for Conservation Lands and Natural Areas with PBSO.
3L-6 Task
Assignment No. PM4 with FWC to provide aquatic vegetation control services.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION
Page 37
3M-1 Entertainment Contract Agreements with Nathan
Mercado and Gary Frost.
3M-2 Sound and Light Production Service Agreement
with Sanderford Sound, Inc.
Page 38
3M-3 Special Events Rental Agreement with Battle
Bros LLC.
3M-4 Interlocal
Grant Agreement with Solid Waste Authority for the demolition and removal of
the Calcosa park Racquetball Courts.
Page 39
3M-5 Interlocal
Grant Agreement with Solid Waste Authority for the demolition and removal of
the Haverhill Park Racquetball Courts.
Page 40
3M-6 Interlocal
Grant Agreement with Solid Waste Authority for the demolition and removal of
the Lake Lytal Park Racquetball Courts.
P. COOPERATIVE EXTENSION SERVICE
Page 41
3P-1 Agreement
with Friends of Mounts Botanical Garden, Inc. for a horticulturist position to
assist with care and maintenance.
3P-2 Agreement
with Friends of Mounts Botanical Garden, Inc. for a gardener position to assist
with care and maintenance.
Q. CRIMINAL JUSTICE COMMISSION
Page 42
3Q-1 Fourth
Amendment with Southeast Florida Behavioral Health Network, Inc. to amend the
monthly reimbursement request form and budget line amounts.
U. INFORMATION SYSTEMS SERVICES
Page 42
3U-1 Termination
Agreement with Community of Hope Church for the provision of network services.
Page 43
3U-2 Interlocal
Agreement with Town of Lake Clarke Shores to provide network services and basic
telephone services.
3U-3 Second
Amendment with the Town of Hypoluxo removing network services.
Page 44
3U-4 Task
Order #e with GPI Geospatial, Inc. for the 2024 Palm Beahc Coastal
Orthophotography Program.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 45
3X-1 Contract
for Adult Reentry Services with the City of Riviera Beach.
Page 46 - 47
3X-2 Contractual
Purchase Order for adult reentry services from FDC.
AA. PALM TRAN
Page 48 - 49
3AA-1 FDOT Grant Agreements.
Page 50
3AA-2 Interlocal Agreement with St. Lucie County for
support and emergency management public transportation services for the Port
St. Lucie Express Regional Transit pilot program.
CC. SHERIFF
Page 51
3CC-1 Grant Adjustment Notice with FDLE for FY23-24
Drone Replacement Program.
DD. TOURIST DEVELOPMENT COUNCIL
Page 52
3DD-1 Category “G” Grant Agreements with Prospect
Wire 2, LLC, and with First Responder Sorts, Inc.
3DD-2 Category “G” Grant Agreement with The National
Junior Tour, LLC.
EE. OFFICE OF RESILIENCE
Page 53
3EE-1 Ratify the Mayor’s signature on the application
to EPA seeking funding to collaborate on creating a sustainable landscaping
program.
Page 54
3EE-2 Ratify the Mayor’s signature on the application
to EPA to fund the Climate Resilient Communities project.
FF. INTERNAL AUDITOR
Page 55
3FF-1 Audit report by the Audit Committee with
recommendations.
Page 56
3FF-2 Reappoinment of two members to the Internal
Audit Committee.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 57
4A National Women’s Small Business Month
4B Workforce Development Month
4C Constitution Week
4D Pollinators Month
4E Hispanic Heritage Month
4F Falls Prevention Awareness Week
4G Palm Beach Partners Business Matchmaker Conf.
& Expo Day
4H Feeding South Florida Hunger Action
Month
4I Soup
Kitchen
4J National
Recovery Month
REGULAR AGENDA
A. ADMINISTRATION
Page 58
5A-1 Resolution
amending the Palm Beach County Administrative Code for purpose of updating
provisions related to construction, engineering and architectural.
B. AIRPORTS
Page 59 - 60
5B-1 Amended and Restated Aeronautical
Development Site Lease Agreement with Ferrovial Vertiports.
C. PALM TRAN
Page 61
5C-1 Resolution for the grant agreement with
Florida Commission for Transportation Disadvantaged.
D. PLANNING, ZONING & BUILDING
Page 62
5D-1 Establishment of capital project and funding
for the purpose of storm water and flood studies.
Page 63
5D-2 Interlocal Agreement with the Town of
Haverhill to the voluntary annexation of five parcels.
E. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
Page 64
5E-1 Ordinance
on amending the living wage ordinance.
SEPTEMBER 10, 2024
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Page 65)
BCC COMMENTS (Page 66)
STAFF
COMMENTS (Page 67)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 68)
ADJOURNMENT (Page 69)
SEPTEMBER 10, 2024
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting Type
June
11, 2024 Regular
3. Staff
recommends motion to approve:
Contracts (regular) and claim settlements list as submitted by various
departments to the Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during July 2024. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion
to adopt: two (2) resolutions
declaring the acquisition of fee simple rights-of-way designated as Parcels 101
and 102, and a permanent easement designated as Parcel 201 necessary for the
construction of intersection improvements at Clint Moore Road and Military
Trail (Project). SUMMARY: Adoption
of these resolutions will initiate eminent domain proceedings pursuant to Chapters
73, 74, 127, and Section 337.27, Florida
Statutes, as amended, against
three (3) parcels having a total appraised value of $242,750. The
parcels are necessary to construct a third left turn lane on each approach of
Military Trail for the Project. The property owners have not accepted the offers to purchase made by Palm Beach County
(County) and attempts to negotiate the purchases have been unsuccessful.
Eminent domain proceedings are necessary to acquire the parcels at this time in
order to expedite construction of the Project. This Project is included in
the Five Year Road Program. District 4 (DO)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends motion to approve:
A) an Interlocal Agreement
(Agreement) with the City of Greenacres (City) for joint
funding of the construction of roadway improvements
for Chickasaw Road (Project)
and transferring ownership, operation, and maintenance of Wry Road north of Chickasaw Road to the City;
B)
a Palm Beach County (County) deed to convey the County's interest in Wry Road to the City; and
C) a County deed to release any County interests in
Chickasaw Road to the City.
SUMMARY: Approval of this Agreement will allow the County and the City to share the costs for construction of the Project, which includes paving, related drainage improvements, and the addition of a sidewalk. The Project is located within the incorporated limits of the City and serves as the only access for certain properties in the area. Properties accessing Chickasaw Road via Chickasaw Circle and Wry Road south of Chickasaw Road are currently under City jurisdiction. Properties accessing Chickasaw Road via Wry Road north of Chickasaw Road and the properties with direct access from the north side of Chickasaw Road east of Chickasaw Circle are under County jurisdiction. Wry Road, north of Chickasaw Road, is a County maintained road with access only by Chickasaw Road. The City agrees to annex the enclave surrounding Wry Road. The County agrees to transfer the ownership, operation, and maintenance responsibility of Wry Road north of Chickasaw Road, inclusive of all related rights-of-way and roadway drainage easement rights to the City, and the City agrees to accept ownership and maintenance responsibility. At the City's request for the County to participate in joint funding for the Project, the County agrees to pay the City $340,000 toward the Project's construction costs. The City agrees to fund all costs of the Project in excess of the funding provided by the County. The County agrees to convey a quitclaim deed to the City to convey Wry Road, and release any interests in Chickasaw Road 30 days after the effective date of the Agreement. The City shall be responsible for maintaining the Project in perpetuity upon completion of the Project. In accordance with County Ordinance 2019-038, a supermajority (5 votes) is required by the Board of County Commissioners (BCC) for all transfers of real property that require BCC approval. Existing Chickasaw Road falls partially within the Lake Worth Drainage District's (LWDD) right-of-way. The LWDD agreed to give the City a deed for portions of Chickasaw Road right-of-way required to construct the Project. District 3 (YBH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve: an agreement with Lakes at Polo Trace Homeowners
Association, Inc. (Community) for enforcement of the traffic laws of the state
to be performed by the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Approval of this agreement
will authorize PBSO to provide enforcement of the traffic laws of the state
upon the private roadways during normal patrol hours within the Community. The
Community certifies that all traffic control devices installed on the
Community's streets are compliant with the Manual on Uniform Traffic Control
Devices (MUTCD). The Traffic Division will be able to perform field inspections
to verify compliance with the MUTCD during the term of the agreement. Should
the Community require enforcement by PBSO at times outside of normal patrol
hours, the Community understands that a separate contract must be executed with
PBSO for additional services and that the Community will be invoiced by PBSO for
those additional services. District 5 (YBH)
4. Staff recommends
motion to approve: Consultant
Service Authorization No. 5 (CSA) to the Intersection Improvements Annual
Design Services Contract (R2023-0476) dated April 18, 2023 (Contract) with HSQ
Group, LLC (HSQ) in the amount of $216,723.07 for the Orange Grove Boulevard
and Persimmon Boulevard Right Turn Lanes at SR 7 (Project). SUMMARY:
Approval of this CSA will provide the professional services necessary for the
design of free-flow right turn lanes on Orange Grove Boulevard and Persimmon
Boulevard at SR 7. The Contract was
presented to the Goal Setting Committee on January 5, 2022, and the Committee
established Affirmative Procurement Initiatives (API) of a 20% minimum
mandatory Small Business Enterprise (SBE) participation and an SBE evaluation
preference. HSQ committed to 80% SBE participation and received 12 Evaluation
Preference Points. The proposed SBE
participation for this CSA is 4.17%. To
date, the overall SBE participation achieved on this Contract is 82.46%. HSQ
has an office located in Palm Beach County (County). The Project is included
in the Five-Year Road Program. District
6 (YBH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve:
Amendment 2 to the Agreement with the law firm of Fowler White Burnett, P.A.
(Firm), increasing the contract not-to-exceed cap from $200,000 to
$300,000. Summary:
The County, through its department of Housing and Economic Development (HED),
processes a variety of loan programs, including, but not limited to, U.S.
Department of Housing and Urban Development Section 108 loan program; U.S.
Department of Agriculture Intermediary Relending Program; U.S. Environmental
Protections Agency Revolving Loan Program; U.S. Department of Energy Revolving
Loan Program: and the County’s Micro Loan Program funded under the HUD Community
Development Block Grant. The requirements associated with the unique
funding sources of these loans requires specialized knowledge and, as such, HED
currently utilizes the services of the Firm to assist in loan closings, the
handling of foreclosure matters on defaulted loans, and other related
services. As a result of unanticipated foreclosure services, the Firm has
accrued approximately $45,000 in costs over the current not-to-exceed cap of
$200,000. This Amendment allows for HED to continue utilizing the Firm for such
specialized services, increases the not-to-exceed cap by $100,000 to pay the
accrued costs that are in excess of the current not-to-exceed cap as well as
future costs, and allow flexibility in bringing pending foreclosure actions to
conclusion. Countywide (DB)
2. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$95,000, in the employment litigation styled Carmen Krowel v. Palm Beach
County, Case No. 9:22-cv-81958-DMM. Summary: On November 29, 2021, the Director of
Community Services terminated Ms. Krowel’s employment for unsatisfactory
completion of her probationary period. Ms. Krowel subsequently filed a lawsuit
against Palm Beach County in federal court, alleging that she was subjected to
a hostile working environment because of her gender, race, color, and national
origin. Ms. Krowel alleges that she
suffered damages as a result of the hostile working environment and is seeking
to recover damages for emotional pain and mental anguish as well as attorney’s
fees. After engaging in voluminous
discovery, the parties have agreed to a resolution of the lawsuit subject to
Board of County Commission (BCC) review and approval. Countywide (AMP)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Second Amendments to Agreements for the Provision
of Financial Assistance with the below listed agencies, to amend the contract
terms from October 19, 2021 through September 30, 2024, by extending one year
to September 30, 2025, and to increase the total funding of the Agreements by
$6,241,692, contingent on budgetary appropriation by the Board of County
Commissioners (BCC), for the term of these agreements, to continue improving
behavioral health outcomes for residents with mental, substance use and
co-occurring disorders:
A) Amendment No. 2 with American Association of
Caregiving Youth, Inc. (AACY) (R2021-1475), for the provision of behavioral
health support services for caregiving youth, to increase the funding by
$37,000 for a new total amount not to exceed $148,000;
B)
Amendment No. 2 with Boys Town
South Florida, Inc. (BTSF) (R2021-1476), for the provision of behavioral health
support services for children, youth, young adults, and their families, to
increase the funding by $399,901 for a new total amount not to exceed
$1,599,604;
C) Amendment No. 2 with Center for Child Counseling
(CCC) (R2021-1477), for the provision of community-based treatment and services
to children, youth, and young adults, to increase the funding amount by
$207,958 for a new total amount not to exceed $831,832;
D)
Amendment No. 2 with Children’s Case Management Organization, Inc., dba
Families First of Palm Beach County (R2021-1478), for the provision of
behavioral health services to children, youth and young adults, to increase the
funding amount by $175,054 for a new total amount not to exceed $700,216;
E) Amendment No. 2 with Drug Abuse Foundation of Palm
Beach County, Inc. (DAF) (R2021-1479), for the provision of medical detox
services and intense residential treatment services to residents, to increase
the funding amount by $1,305,000 for a
new total amount not to exceed $5,220,000;
F) Amendment No. 2 with Drug Abuse Treatment
Association, Inc. (DATA) (R2021-1480), for the provision of behavioral health
services to children and youth in residential treatment and non-residential
treatment, to increase the funding amount by $255,000 for a new total amount
not to exceed $1,020,000;
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
1. G) Amendment No. 2 with For the
Children, Inc. (FTC) (R2021-1481), for the provision of community-based
treatment and services to children and youth, to increase the funding amount by
$245,366 for a new total amount not to exceed $981,464;
H) Amendment No. 2 with Housing Partnership
(HP), Inc. dba Community Partners of South Florida (CP) (R2021-1482), for the
provision of behavioral health support services, including supportive housing,
to increase the funding amount by $411,275 for a new total amount not to exceed
$1,645,100;
I) Amendment No. 2 with Jeff Industries, Inc.
(JI) (R2021-1483), for the provision of supportive employment services to
low-income adults with severe and persistent mental illness, to increase the
funding amount by $165,000 for a new total amount not to exceed $660,000;
J)
Amendment No. 2 with South County
Mental Health Center, Inc. (SCMHC) (R2021-1484), for the provision of
behavioral health services, to increase the funding amount by $2,560,138 for a new total amount not to
exceed $10,240,552; and
K) Amendment No. 2 with Wayside House, Inc. (WH)
(R2021-1485), for the provision of a partial hospitalization program on-site
community-based day treatment and services, to increase the funding amount by
$480,000 for a new total amount not to exceed $1,920,000.
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
1. Summary: The
amendments are needed to continue behavioral health services currently in
place. The Office of Behavioral Health and Substance Use Disorders (OBHSUD) is
amending each of the Financial Assisted Agency (FAA) agreements for one
additional year, without which they will all expire on September 30, 2024.
Services under the amendments are provided to Palm Beach County (PBC)
residents. In the behavioral health service category, 6,766 clients were served
in FY 2023, 5,381 clients (81%) of the projected 6,623 clients were served
through the second quarter of FY 2024, and the current amendments will provide
services to the same number of clients at the same funding level as FY 2024. Community
Service Department (CSD) monitors the agencies’ performance annually and
publishes annual performances reports, which are available to the public on
CSD’s website. Dr. Connie Siskowski, an employee of AACY is a member of the
Citizen Advisory Committee on Health & Human Services (CAC/HHS). The
CAC/HHS provides no regulation, oversight, management, or policy-setting
recommendations regarding the subject Agreement or transaction. Disclosure of
this contractual relationship at a duly noticed public meeting is being
provided in accordance with the provisions of Section 2-443 of the Palm Beach
County Code of Ethics. Countywide (HH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Staff recommends
motion to receive and file: Amendment No. 1 to Contract for Provision of
Services (R2023-1853) for the Ryan White Program HIV/AIDS Part A (RWHAP) and
Ending the HIV Epidemic (EHE) Initiative Program in Palm Beach County with
Broward Regional Health Planning Council (BRHPC), for the period November 1,
2023 through February 28, 2025, to increase funding by $500,000 for a new
amount not-to-exceed $1,000,000, for
the provision of health insurance premiums and cost-sharing assistance for
RWHAP and EHE clients. Summary: This amendment is necessary due to
several major changes regarding health insurance eligibility. Under Medicaid
unwinding, clients who are no longer eligible for Medicaid have the opportunity
through the state to enroll in an Affordable Care Act (ACA) Health Insurance
plan and receive assistance with their premium payments regardless of their
Federal Poverty Level (FPL). The Florida Department of Health (FDOH) is
lowering the eligibility for RWHAP clients to receive premium assistance to 50%
FPL for the upcoming open enrollment period. FDOH does not provide Health
Insurance Navigation and Premium Assistance directly and instead has entered
into a contract with BRHPC as the sole provider of this service in Florida.
This amended contract will supplement current services in RWHAP funded
contracts using EHE funding once all RWHAP funds are exhausted. The benefit of
this increase will allow the program to serve approximately 100 additional
clients through February 28, 2025. RWHAP has approximately 242 clients who are
currently enrolled and receiving ongoing health insurance assistance through
this partnership. The amendment allows the agency to continue improving health
outcomes for clients by increasing the number of clients retained in HIV
medical care. This amendment was
executed by delegated authority. All delegated contracts, agreements and grants
must be submitted by the initiating department as a receive and file in
accordance with PPM CW-O-051. No County match is required. Countywide
(HH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3. Staff recommends motion to:
A) ratify the signature of the Mayor on the First Amended and
Reinstated Federally Funded Sub-grant Agreement No. E2016 with the Florida
Department of Commerce (FDOC) for the Period July 1, 2024 to June 30, 2025, to
provide economic mobility and economic stability services to low-income
households;
B) receive and file the
following Notices of Grant Award/Fund Availability (NFA) from FDOC:
1. NFA #042658 Federal Award Identification Number (FAIN) G-2202FLLIEA, Catalog of Federal Domestic Assistance (CFDA) 93.568 dated
June 4, 2024, for Program Year 2022 (PY22) allocation, in an amount
not-to-exceed $4,697,292, to extend
the end date for the program period from July 1, 2023 to September 30, 2024,
with no change to overall funding, for the Low-Income Home Energy Assistance
Program (LIHEAP);
2. NFA #042042 (FAIN G-2202FLLIEI, CFDA 93.568)
dated May 30, 2024, for PY22 allocation, in the amount
not-to-exceed $335,869, to extend the end date for the program period from
October 1, 2021 to September 30, 2024, for LIHEAP;
3. NFA #041247 (FAIN G-2202FLLIEA, CFDA 93.568)
dated June 4, 2024, for PY22 allocation, in the amount not-to-exceed $517,607,
to extend the end date for the program period from July 1, 2023 to September
30, 2024, for LIHEAP;
4. NFA #042948 (FAIN G-2302FLLIEA, CFDA 93.568)
dated June 6, 2024, for Program Year 2023 (PY23) allocation, in the amount
not-to-exceed $3,452,994, with a release of $971,349, and to extend the end
date for the program period from July 1, 2023 to June 30, 2025, for LIHEAP;
5. NFA #042976 (FAIN G-2302FLLIEE, CFDA 93.568)
dated July 25, 2024, for PY23 allocation, in the amount not-to-exceed
$4,804,793, with a release of $2,215,647, and to extend the end date for the
program period from July 1, 2023 to September 30, 2025, for LIHEAP;
6. NFA #042948 (FAIN G-2302FLLIEA, CFDA 93.568)
dated July 25, 2024, for PY23 allocation, in the amount not-to-exceed
$3,452,994, with a release of $3,452,994, and to extend the end date for the
program period from June 30, 2025 to September 30, 2025, for LIHEAP;
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3.
7. NFA #043962 (FAIN G-2401FLCOSR, CFDA 93.569)
dated July 25, 2024, for Program Year 2024 (PY24) allocation, in the amount
not-to-exceed $1,236,452, with a release of $962,230, to release award for the
program period from July 1, 2024 to September 30, 2025, for the Community
Services Block Grant (CSBG); and
8. NFA #042716 (FAIN G-2301FLCOSR, CFDA 93.569)
dated July 25, 2024, for PY23 allocation, in the amount not-to-exceed
$1,274,058.49, to extend the end date for the program period from July 1, 2023
to September 30, 2024 and increase funding by $230,693 for CSBG; and
C) approve Budget Amendment in the amount of
$853,476 in the LIHEAP fund to align the budget to the actual grant award; and
D)
approve Budget
Amendment in the amount of $372,147 in the CSBG fund to align the budget to the
actual grant award.
Summary:
On June 15, 2021, the Board of County Commissioners (BCC) ratified the Mayor’s
signature on the Federally Funded Subgrant Umbrella Agreement #E2016
(R2021-0783) (CFDA No.93.568 and 93.569)
with the FDOC, for the period October 1, 2020 through September 30,
2023, for the LIHEAP and CSBG programs. The Umbrella Agreement was subsequently
amended on February 25, 2022 and August 16, 2023. The parties wish to amend and
reinstate the Umbrella Agreement as set forth herein as part of a joint effort
to align Community Action Agency (CAA) spending with legislatively appropriated
state budget authority. This is a process required annually by state law; state
budget authority is not determined by the total federal award received by the
state. This amendment memorializes the alignment of CAA spending with
legislatively appropriated state budget authority and aligns the Period of
Agreement with the state fiscal year for the period of July 1, 2024 through
June 30, 2025. These new provisions
include LIHEAP. Under the terms of the new umbrella agreement, FDOC will issue
an NFA for each program award and issue amendments to NFA’s for any changes.
These NFAs are issued to add or increase funding. Electric bill assistance will
be provided to approximately 13,250 low-income individuals and 5,300 families.
In Federal Fiscal Year (FFY) 2023, 7,738 households obtained electric bill
assistance. CSBG funds are used to provide economic stability and mobility
services to approximately 2,300 low-income individuals and 900 families.
Economic stability services include rent and utility assistance. Economic
mobility services include employment skills training, job placement, resume
writing training, financial management training, and case management. In FFY
2023, 31 individuals completed vocational training and 10 became employed. No County match is required. Countywide
(HH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: a
Donation Agreement (Agreement) with the Palm Beach County Sheriff (Sheriff)
transferring one (1) T3 Motion Electric Standup Vehicle (ESV) to the County for
use at Palm Beach International Airport (PBI) at no cost to the County. Summary: The Agreement transfers
ownership of one (1) ESV from the Sheriff to the County at no cost to the
County. The Sheriff no longer requires
the use of the ESV and has offered to donate it to the County for use at
PBI. The ESV is an electric,
three-wheeled platform vehicle used for personal transportation both indoors
and outdoors. It is typically used in a
variety of applications including, but not limited to, law enforcement, private
security, parking and commercial operations.
The ESV will be used by the Department of Airports (Department) to conduct
daily terminal and landside security inspections at PBI. Countywide (AH)
2. Staff recommends
motion to approve: Amendment No. 1 (Amendment) to the Master
Airport Services Agreement with ARINC Incorporated (ARINC), a part of Collins
Aerospace, (R2023-0044) (Agreement), exercising the first one (1) year renewal
option, extending the license for the continued use of proprietary software
applications necessary for the operation of the common use passenger processing
system (CUPPS) at Palm Beach International Airport (PBI), providing for
on-going technical support services and providing budget for the purchase of
additional equipment and services needed to support the CUPPS during the
extended term for an amount not to exceed $300,304.09. Summary: On January 10, 2023, the
Agreement was approved with ARINC for one-time
hardware updates to the CUPPS, the license required for the continued use of
proprietary software applications necessary for the operation of the CUPPS and
on-going technical support services in a not to exceed amount of
$1,100,419.37. The initial term of the Agreement commenced on January 10, 2023,
and expires on September 30, 2024, with four (4) additional one (1) year
renewal options. This Amendment
exercises the first one (1) year renewal option, extending the term of the
Agreement to September 30, 2025, and increases the not-to exceed amount by
$300,304.09 for a total contract amount of $1,400,723.46. This Amendment provides for the continuation
of the license to use proprietary software applications required for the
operation of the CUPPS and on-going technical support. This Amendment also includes a budget of
$100,000 for the purchase of additional equipment and services necessary to
support the CUPPS during the extended term, which may
include, but is not limited to, the purchase of additional or replacement
equipment such as workstations, kiosks and peripherals, and data security
improvements and assessments. Airlines utilizing the CUPPS at PBI pay for the
full cost of the system through rates and charges established annually in
accordance with the Signatory Airline Agreement (R2019-1155). ARINC is the sole
source service provider for the CUPPS used at PBI; therefore, the Agreement is
not subject to the Affirmative Procurement Initiatives (API) for
Small/Minority/Woman-Owned Business Enterprise (S/M/W/BE) participation. Countywide
(AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: The Financial
Statements for the Fiscal Year ending September 30, 2023 from the City of Belle
Glade Community Redevelopment Agency (BG CRA).
Summary: The BG CRA
has submitted its Financial Statements for the Fiscal Year ending September 30,
2023 as per section numbers 163.356 and 163.371, Florida Statutes. Countywide
(DB)
2. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida
(BCC), affirming the County Administrator’s authority to approve changes to
Policy and Procedures Manual #CW-F-050 (PPM); changing the membership of the
Contract Review Committee (Committee); delegating authority to the County
Administrator to approve future changes to the membership of the Committee;
rescinding resolutions R89-633, R91-810 and R2011-1912 to the extent of any
conflict with this Resolution; and providing for an effective date. Summary:
In 1989, the BCC established the Committee and its composition through
R89-633 and delegated authority to the Committee and to the Directors of the
County’s construction departments to approve changes and time extensions to
BCC-approved design and construction contracts within certain approval limits
set out in the PPM. The BCC has revised the membership of the Committee and
approval authority limits several times. The County Administrator has also
approved changes to the PPM several times under the general powers and
responsibilities of her office which include developing and maintaining
centralized purchasing procedures. This Resolution: 1) affirmatively restates
the County Administrator’s authority to approve changes to the PPM; 2) revises
the membership of the Committee; and 3) delegates authority to the County
Administrator to make changes to the membership of the Committee – all of which
are consistent with the County Procurement Code and the County Administrative Code.
The Resolution will be effective on November 16, 2024 (the date the recent
changes to the Procurement Code will become effective). Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: the Roger Dean Chevrolet Stadium (RDCS)
Renovation Project (Project) development period report no. 6 (Development
Report No.6), for the period from April 23, 2024 through July 21, 2024, to the
Department of Economic Opportunity (DEO).
Summary: On August
22, 2023, the Board of County Commissioners (BCC) authorized the Mayor
(R2023-1105) to execute future Development Reports and annual reports as required
under the Spring Training Facility Funding Agreement (R2023-0367) (State
Funding Agreement). On March 14, 2023, the BCC approved the State Funding
Agreement with the DEO for the RDCS Renovation Project. The State Funding
Agreement provides $50,000,000 of State Funding under Florida Statues 288.11631
over a 25 year period for the RDCS Renovation Project. Under the terms of the
State Funding Agreement, the County must furnish annual reports and, during the
development period, must submit periodic Development Reports every 90 days to
the DEO. The Development Reports detail the status of the RDCS Renovation
Project and the funds expended to date on the same. For the annual reports and the Development
Reports, the Mayor must certify that all information and documentation
contained in the reports are true and correct. In accordance with R2023-1105,
the Mayor executed the attached Development Report No. 6 on behalf of the BCC,
which was submitted to the DEO. This
executed document is now being submitted to the BCC to receive and file. (FDO ADMIN)
District 1/Countywide (MWJ)
2. Staff recommends
motion to approve: an Agreement with Hatzalah South Florida Emergency
Medical Services, Inc., (Participant) allowing for interoperable communications
through the countywide emergency medical services (EMS) and common talk groups
of the County’s Public Safety Radio System (System) from September 10, 2024
through September 9, 2029. Summary: This Agreement provides
the terms and conditions under which the Participant can program into its
radios and utilize the countywide and EMS common talk groups for certain
inter-agency communications. The County’s System will not be utilized for
routine operational communications by the Participant. The terms of the
Agreement are standard and have been offered to all municipalities, local
branches of state and federal agencies and ambulance service providers with 800
MHz trunked radio capabilities. There are no charges associated with this
Agreement. The 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. The term of the Agreement is for five (5) years
with two (2) renewal options, each for a term of five (5) years. This Agreement
may be terminated by either party, with or without cause, upon ten (10) days
prior notice to the other party. There is no fiscal impact associated with this
Agreement. (ESS) Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve:
A) First Amendment to the Amended and
Restated Interlocal Agreement (R2019-1299) with the United States Department of
Homeland Security, Immigration and Customs Enforcement (ICE), to extend the
term of the Agreement for interoperable communications through the countywide
common talk groups of the County’s Public Safety Radio System (County’s System)
from September 10, 2024 through September 9, 2029; and
B) First Amendment to the Amended and
Restated Interlocal Agreement (R2019-1300) with the United States Marshals
Service (U.S. Marshals), to extend the term of the Agreement for interoperable
communications through the countywide common talk groups of the County’s System
from September 10, 2024 through September 9, 2029.
Summary: The agreements (R2019-1299 and R2019-1300) set forth the terms and
conditions under which each agency can program its radios into and utilize the
countywide common talk groups for certain types of inter-agency communications.
These agreements are set to expire on September 9, 2024. Each agreement
includes two (2) renewal options, each extending the term by five (5) years.
Each agency has approved an amendment to extend the term of the Agreement to
September 9, 2029, and the renewals now require approval by the Board of County
Commissioners (BCC). The terms of these Agreements are standard and have been
offered to all municipalities and local branches of state and federal agencies
with 800 MHz trunked radio capabilities. There are no charges associated with
these Agreements. Each agency is required to pay all costs associated with its
subscriber units and to comply with the established operating procedures for
the County’s System. Either party may terminate its agreement, with or without
cause, upon ten (10) days’ prior written notice to the other party. The first
amendments to the respective agreements with ICE and U.S. Marshals extend the
term of the Agreements, update standard operational provisions, and add the
E-verify provision. Other than the changes set forth herein, all other terms
remain the same. (ESS) Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: First Amendment to the Interlocal Agreement
(R2019-1625) (Agreement) with the Village of North Palm Beach (Village) to
extend the term of the Agreement for interoperable communications through the
countywide common groups of the County’s Public Safety Radio System from
October 6, 2024 to October 5, 2029. Summary: The Agreement, which
provides the terms and conditions under which the Village can program its
radios to utilize the countywide common talk groups for certain inter-agency
communications through the Municipal Public Safety Communication Consortium
(MPSCC) radio system, expires on October 5, 2024. The Agreement provides for
two (2) renewal options, each for a period of five (5) years. The Village has
approved the amendment to renew the Agreement to October 6, 2024 and the
renewal now requires approval by the Board of County Commissioners (BCC). The
terms of the Agreement are standard and have been offered to all municipalities
and local branches of State/Federal agencies with Project 25 (P25) radio
capabilities in the 800 MHz spectrum. There are no charges associated with the
Agreement. The Agreement may be terminated by either party, with or without
cause with ten (10) days’ notice. This First Amendment extends the term of the
Agreement, updates the standard operational provisions, and adds the E-verify
provisions. Other than the changes set forth herein, all other terms remain the
same. (ESS) Countywide (MWJ)
SEPTEMBER 10, 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 (R2019-1298) (Agreement) with JFK Medical Center Limited Partnership
(Hospital), to extend the term of the Agreement for interoperable
communications through the countywide emergency medical services (EMS) and
common talk groups of the County’s Public Safety Radio System (County’s System)
from September 10, 2024 through September 9, 2029. Summary:
The Agreement (R2019-1298), which provides the terms and conditions under which
the Hospital can program into its radios and utilize the countywide EMS and
common talk groups for certain types of interagency communications, expired on
September 9, 2024. The Agreement provided for two (2) renewal options, each for
a period of five (5) years. Hospital has approved the amendment to extend the
term of the Agreement to September 9, 2029, and the renewal now requires
approval by the Board of County Commissioners (BCC). 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 Hospital is required to pay all costs
associated with the Hospital’s subscriber units and to comply with the
established operating procedures for the County’s System. This Agreement may be
terminated by either party, with or without cause, upon ten (10) days prior
written notice to the other party. This First Amendment extends the term of the
Agreement, updates the standard operational provisions, adds the E-verify,
Disclosure of Foreign Gifts and Contracts with Foreign Countries of Concern provisions,
as well as Human Trafficking Affidavit. Other than the changes set forth
herein, all other terms remain the same. (ESS) Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: a License Agreement (License) in favor of Hotwire
Communications, Ltd., to use County-owned property known as Roger Dean
Chevrolet Stadium for the installation of fiber-optic cable and for the
placement of appurtenant equipment on the property located at 4751 Main Street
in Jupiter. Summary: The Roger
Dean Stadium Sports Complex (Complex), is located within the Abacoa planned
residential development, North of Donald Ross Road on University Boulevard.
Construction of the Complex was completed in 1998, so the facility is now over
25 years old. On March 12, 2024, the
Board of County Commissioners approved a License Agreement with Hotwire for
fiber optic or wireless telecommunication services to both of the Marlins and
Cardinals Teams. The St. Louis
Cardinals, LLC have requested that the County grant an additional non-exclusive
License Agreement to Hotwire for the construction and installation of communication
equipment, including but not limited to underground fiber-optic cable and
appurtenant equipment to provide fiber-optic or wireless telecommunication capabilities to the Cardinals facilities
located north of the Stadium. The Term
of the License Agreement expires simultaneously with the expiration or
termination of either: i) Sports Facility Use Agreement or ii) the Hotwire
Communications, Ltd. Agreement with St. Louis Cardinals, LLC, whichever occurs
sooner. Either party has the right to terminate the License with a ninety (90)
day written notice to the other party. This License is being granted at no
charge as it will provide fiber-optic communications service to the
County-owned Complex. There is no fiscal
impact associated with this License. (Property & Real Estate Management) District
1 (HJF)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to receive and file: a
Standard License Agreement in favor of Florida Division of Emergency Management
(FDEM) for the purpose of allowing FDEM to temporarily use a portion of the
County’s Stockade Parking Lot (Property) as an emergency staging site in
response to a State of Florida declared weather emergency. Summary:
On June 13, 2024, FDEM submitted an Application for License to Use County-Owned
Property to use the property to store equipment in response to a State-declared
weather emergency resulting from major flooding in the South Florida area.
Given the emergency circumstances surrounding the request, FDEM was granted
immediate access to the Property on June 13, 2024 for a period of fifteen (15)
days. The proposed Standard License
Agreement (SLA) was fully executed on July 3, 2024, and applied retroactively
to FDEM’s emergency use of the Premises from June 13, 2024, through June 27,
2024. The proposed SLA expired on June
27, 2024, and FDEM has since removed the equipment and terminated its use of
the Property. In accordance with County
PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted
by the initiating Department as a receive and file agenda item. The current standard form license agreement
was approved by the Board of County Commissioners (BCC) on October 1,
2013. The attached Standard License
Agreement has been fully executed on behalf of the BCC by the County
Administrator’s designee, who in this case was the Director of the Facilities Development
and Operations Department. The executed
Standard License Agreement is now being submitted to the BCC to receive and
file. There is no fiscal impact associated with approval of this item.
(Property & Real Estate Management) District 6 (HJF)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to approve:
the reappointment of one (1) member to the Palm Beach County Property Review
Committee (PRC) for a term of three (3) years beginning October 1, 2024 to
September 30, 2027:
|
Reappointment Nominee |
Seat No. |
Seat Requirement |
Term |
|
|
|
|
|
|
Irma Qureshi, Esq. |
3 |
Licensed attorney with expertise in land planning, eminent domain, and/or real estate law and with
offices in Palm Beach County |
October 1, 2024
– September 30, 2027 |
Summary: The PRC is an
Advisory Board that is charged with reviewing, evaluating, and advising the
Board of County Commissioners (BCC) regarding real estate transactions involving
the purchase (including eminent domain), sale or exchange of real property upon
certain triggers being met or value thresholds exceeded. On October 8, 2019, the BCC adopted Palm
Beach County Resolution No. 2019-1585, which re-established the PRC comprised
of three (3) members appointed at-large by the BCC and its term limits. Each member must meet specific seat
requirements. Each seat is for a term of
three (3) years. Seat No. 3 must be
filled by a licensed attorney with expertise in land planning, eminent domain,
and/or real estate law and with offices in Palm Beach County. On August 22,
2023, the BCC approved Ms. Qureshi to serve on the PRC for the duration of an
initial one (1) year term, which expires on September 30, 2024. Ms. Qureshi has agreed, if reappointed, to
continue to serve on the PRC for an additional term of three (3) years ending
on September 30, 2027. The PRC has two
(2) seats currently filled with a diversity breakdown of 1 (34%) African-American,
1 (33%) Caucasian, with a gender ratio of (female:male) 0:2. Staff is addressing the need to increase
diversity within our boards and will continue to encourage this to expand this
Advisory Board’s diversity. (Property & Real Estate Management) Countywide
(HJF)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to approve: Work Order No. 24-013 (Work Order) to the annual
heating, ventilation and air conditioning (HVAC) contract (R2020-0019) with
Cedars Electro-Mechanical, Inc. (Contractor) in the amount of $299,332 for the
South County Civic Center-Chiller Replacement project for a period of 210
calendar days from notice to proceed. Summary:
The project consists of the removal and replacement of one (1) 70-ton air
cooled chiller including associated accessories at the South County Civic
Center located at 16700 South Jog Road, Delray Beach. The Work Order authorizes
the construction services necessary to furnish all labor, equipment, devices,
tools, materials, transportation, professional services, supervision, drawings,
permitting and all miscellaneous requirements necessary for the South County
Civic Center-Chiller Replacement project. The existing equipment has outlived
its useful life. The new chiller will be more efficient and provide years of
dependable service. This project was competitively advertised and new
contractors were invited to bid on the project by submitting prequalification
documents prior to the submission of the bid response. The Contractor will have
210 calendar days from notice to proceed to substantially complete the project.
Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $180
per day. This work order was solicited pursuant to the annual HVAC contract and
the requirements of the Equal Business Opportunity (EBO) Ordinance. The annual
HVAC contract was presented to the Goal Setting Committee on August 21, 2019
and the Committee established Affirmative Procurement Initiatives (APIs) of
sheltered market for projects less than $100,000 (when three (3) or more small
businesses are qualified under the annual contract) or an SBE contractor will
be given a price preference for projects $100,000 or greater if its bid is
within 10% of the lowest non-small business bid. Since this project is over
$100,000, the SBE price preference API was applied. The Contractor is an SBE
certified firm. To date, the Contractor has achieved 87.58% SBE participation
on this contract. The SBE participation on this work order is 98.35%. To date,
the overall SBE participation on the annual HVAC contract is 31.82%. Funding
for this project is from the ARPA Response Replacement funds that do not
require a local match. (Capital Improvements Division) District 5
(MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve: Amendment No. 1 to the contract (R2018-0917) with
Leo A. Daly LLC (Leo A. Daly) for the Judicial Facilities project (Project), to
extend the term of the contract retroactively from June 18, 2023 until the
completion of all project phases and to update the County’s standard contract
terms. Summary: On June
19, 2018, the Board of County Commissioners (BCC) approved the design contract
with Leo A. Daly for the Project. The purpose of this contract is to have a
consultant pre-selected and under contract to provide architectural services
for planned/or potential future renovations, expansions, modifications, and/or
additions to existing Judicial Facilities including the South County Courthouse,
Main County Courthouse, West County Courthouse, North County Courthouse, and
court facilities at the Main Detention Center and State Attorney/Public
Defenders offices. The County was unable to complete the improvements to the
Judicial Facilities within the contract’s five (5) year term as approval of the
Judicial Facilities Master Plan was protracted and did not materialize until
June 7, 2022. The improvements at County Judicial Facilities are currently
ongoing and it is both cost and time effective to continue to retain the
Consultant to complete the Project; therefore, the Facilities Development and
Operations Department is requesting authorization to extend the contract with
Leo A. Daly retroactively from June 18, 2023 until completion of all Project phases.
Submission of this Amendment No.1 for consideration by the BCC was delayed
while staff worked with Leo A. Daly on the assignment of multiple professional
services contracts (this one included) from Leo A. Daly Company. The BCC
approved the contract assignment on August 20, 2024. Amendment No. 1 extends the contract term and
adds or updates standard County terms on periods of service, criminal history
records check, non-discrimination, compliance with the public records law,
compliance with laws and regulations regarding e-verify, disclosure of foreign
gifts and contracts with foreign countries of concern, and human trafficking
affidavit, among others. The existing contract was awarded under the prior
Small Business Enterprise (SBE) Ordinance, and the SBE participation goal was
15%. Leo A. Daly has committed to 25% SBE participation. Leo A. Daly is a local
business. The Office of Equal Business Opportunity (OEBO) has reviewed the
existing SBE participation and approved this extension request under the existing
contract terms. To date, the overall Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation for the contract is 36.32%. (Capital
Improvements Division) Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Contract
for the Improvements to Lift Stations 980, 981, and 1051; Lift Station (LS)
Rehabilitation Bid Package 1, LS 0637
(Project) with B & B Underground Construction Inc. (Contractor) in
the amount of $4,845,427. Summary: On May 1, 2024, the Palm Beach County Water
Utilities Department (PBCWUD) received five (5) bids for the Project.
Contractor was determined to be the lowest responsive and responsible bidder in
the amount of $4,845,427. The Project
provides for furnishing all materials, labor, supervision, equipment, supplies,
fees, expertise, and services necessary to provide new or improved LS at four
(4) locations. The major Project components include mechanical, electrical, and
civil improvements including new pumps, control panels and appurtenances,
discharge piping, wet well and manhole coating, new potable water services, and
includes temporary bypass pumping. The Project is partially funded in the
amount of $250,000 by the State of Florida Department of Environmental
Protection (FDEP) with funds from the U.S. Department of Treasury. On February 7, 2023, the Board of County
Commissioners (BCC) approved the Standard Grant Agreement (R2023-0170) with
FDEP for the LS 0637 hardening improvements. The Contract is exempt from
Sections 2-80-.20-2-80.40 of Palm Beach County Code, the Equal Business
Opportunity (EBO) program because it is funded by federal or state funds.
Contractor is a Palm Beach County based company. The Project is included in the PBCWUD FY24 budget.
(PBCWUD Project No. 21-059R) Districts 3 and 5 (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to approve: Work
Order (WO) No. 2 to the 2024 Pipeline Wet Tap and Line Stops Continuing
Construction Contract (Continuing Contract) with Rangeline Tapping Services,
Inc. (Contractor) for the Line Stop Fittings for Emergency Services Part 2 (Project) in the amount of $258,680. Summary: On March 5, 2024, the
Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Continuing Contract (R2024-0255) with Contractor.
WO No. 2 provides for furnishing of all the materials necessary for future
emergency installation of line stops on pressurized pipes within the PBCWUD
service area. The Project includes the supply of epoxy coated line stop
fittings with 304 Stainless Steel (SS) hardware and epoxy coated Ductile Iron
carbon steel blow down saddles with 304 SS dual straps/hardware for 24-inch
through 54-inch DI Pipe and Prestressed Concrete Pressure Pipe. The Continuing Contract was presented to the
Goal Setting Committee (Committee) on October 4, 2023 and the Committee
established an Affirmative Procurement Initiative(s) of a Small Business
Enterprise (SBE) Price Preference. Contractor committed to 0% SBE
participation. The SBE proposed
participation for this WO No. 2 is 0% SBE participation. To date, the overall
participation achieved on this Continuing Contract is 0%. Contractor is a Palm Beach County
based company. The Project is included in the PBCWUD FY24 budget. (PBCWUD
Project No. 24-022) Countywide (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to receive and file: Six (6) executed Standard Potable Water and Wastewater
Development Agreements for the month of April and May 2024.
A) Standard Potable Water and Wastewater
Development Agreement with Pulte Home Company, LLC, SDA #05-11 137-000
(District 6), Recorded in OR BK 34988 PG 1609.
B) Standard Potable Water and Wastewater
Development Agreement with Arroyo Cap III-2, LLC, SDA #09-01106-000 (District
5), Recorded in OR BK 34988 PG 1618.
C) Standard Potable Water and Wastewater
Development Agreement with Mattamy Palm Beach LLC and Grillo Golf Management
LLC, SDA #02-01177-000 (District 3), Recorded in OR BK 35007 PG 1572.
D) Standard Potable Water and Wastewater
Development Agreement with Forestar (USA) Real Estate Group Inc., SDA
#02-01178-000 (District 3), Recorded in OR BK 35007 PG 1584.
E) Standard Potable
Water and Wastewater Development Agreement with Civic Hypoluxo Holding LLC, SDA
#05-11138-000 (District 6), Recorded in OR BK 35030 PG 1783.
F) Standard Potable
Water and Wastewater Development Agreement with Delray Logistics Park Owner,
LLC, SDA #03-01055-000 (District 5), Recorded in OR BK 35053 PG 1302.
Summary: In
accordance with County PPM CW-O-051, all delegated contracts/
agreements/grants/ procurement items must be submitted by the initiating
Department as a receive and file agenda item and are attached unless the
documents have been recorded in the Public Records of Palm Beach County. The
documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and
R2003-0539 and are now being submitted to the BCC to receive and file. Districts
3, 5 & 6 (MWJ)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to approve: reappointments of three (3)
At-Large members and appointment of one (1) At-large member to the Natural
Areas Management Advisory Committee (NAMAC). Seat Nos. 3, 5, 6 and 7 are for a
term of three years beginning October 1, 2024 through September 30, 2027.
|
Seat No. |
Reappointment |
Seat Requirement |
Nominated By |
|
3 |
Jessica Miles |
Professional
Educator |
Mayor Sachs Vice Mayor Marino Comm. Weiss Comm. Woodward Comm. Bernard |
|
5 |
Jennifer Cirillo |
Palm Beach
County Parks & Recreation Department Staff |
Mayor Sachs Vice Mayor Marino Comm. Weiss Comm. Woodward Comm. Bernard |
|
7 |
Andrea McMillan |
Citizen with
Interest in Preservation
& Conservation of Natural Areas |
Mayor Sachs Vice Mayor Marino Comm. Weiss Comm. Woodward Comm. Bernard |
|
|
|
|
|
|
Seat No. |
Appointment |
Seat Requirement |
Nominated By |
|
6 |
Richard Moyroud |
Citizen with Interest in Preservation & Conservation of Natural Areas |
Mayor
Sachs Vice
Mayor Marino Comm.
Weiss Comm.
Woodward Comm.
Bernard |
Summary: Resolution No. R2013-1328 provides for a seven (7) - member NAMAC. Membership consists of one (1) member with
experience in the management of natural areas, one (1) biological scientist,
one (1) professional educator with knowledge of South Florida ecosystems, one
(1) representative of a local municipal government parks and recreation
program, one (1) member of the Palm Beach County (PBC) Parks and Recreation
Department staff, and two (2) citizens having an interest in preservation and
conservation of natural areas. With
these three (3) reappointments and one (1) appointment, all seven (7) seats
will be filled and the diversity count will be Caucasian: 6 (85.7%) and African
American: 1 (14.3%). The gender ratio (female:male)
is 4:3. Seat No. 3 nominee is a
Caucasian female, Seat No. 5 nominee is a Caucasian female, Seat No. 6 nominee
is a Caucasian male, and Seat No. 7 is an African American female. Staff
continues to address the need for increased diversity within our boards and
will encourage expansion of this Board’s diversity. Countywide (SS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES (cont’d.)
2. Staff recommends
motion to receive and file: Task Assignment No. 9 to the
State of Florida, Department of Environmental Protection (FDEP) Contract No.
GC896 (R2016-0787) (Contract) providing for ongoing site management activities
for cleanup of petroleum contamination sites for an amount not to exceed
$624,008. The task performance period is
from July 1, 2024 through June 30, 2025.
SUMMARY: On June 21,
2016, the Board of County Commissioners (BCC) approved the FDEP Contract to
administer the Petroleum Restoration Program through the Department of
Environmental Resources Management (ERM).
Delegated authority to sign all future time extensions, task
assignments, certifications, and other forms associated with this Contract was
approved at that time. On June 21, 2024,
Task Assignment No. 9 was executed through delegation of authority. The Task Assignment was executed by FDEP on
June 25, 2024. In accordance with County
PPM CW-O-051, all delegated contracts, agreements and grants must be submitted
by the initiating department as a receive and file agenda item. There is no cost to the County. Countywide (SS)
3. Staff recommends
motion to receive and file: Task Assignment No. 8, to the State of Florida, Department of
Environmental Protection (FDEP) Contract No. GC913 (R2017-0838) (Contract),
providing for routine compliance inspections at 637 petroleum storage tank
facilities within Palm Beach, Martin, and St. Lucie Counties, and funding in the
amount of $624,415.08, with a performance period of July 1, 2024, through June
30, 2025. SUMMARY: Petroleum storage tank compliance services, under a series
of contracts with FDEP have been in effect since 1988. On June 20, 2017, the
Board of County Commissioners (BCC) approved Contract No. GC913 (R2017-0838)
(Contract) with FDEP. Delegated authority to sign all future time extensions,
task assignments, certifications, and other forms associated with this Contract
was approved at that time. In accordance with PPM CW-O-051, all delegated
contracts, agreements and grants must be submitted by the initiating department
as a receive and file agenda item. There
is no cost to the County. Countywide (SS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES (cont’d.)
4. Staff recommends
motion to adopt: a Resolution requesting the State of Florida
Department of Environmental Protection (FDEP) support appropriation of funds
for Palm Beach County’s Shore Protection Projects (Projects) within its
FY2025/2026 Beach Management Funding Assistance Program. SUMMARY:
The County is requesting
that FDEP appropriate $12,417,777.21 for six (6) shoreline restoration Projects
in FY2025/2026. The attached Resolution is a requirement of Florida
Administrative Code Rule 62B-36.005, which provides that the local sponsor
(i.e., the County) must submit a Resolution by its governing board declaring
support for the Projects, willingness to serve as the local sponsor, and
ability and willingness to provide the necessary local funding share to
implement the Projects. If the Florida Legislature approves funding for all of
the Projects, the County’s matching share would be $12,417,777.21. The County is
requesting $2,229,063.14 for
the Coral Cove Dune Restoration Project, $3,162,500 for the North County
Comprehensive Shore Protection Project – Segment 1, $1,060,000 for the North
County Comprehensive Shore Protection Project – Segment 2, $262,500 for the
North County Comprehensive Shore Protection Project – Segment 3, $2,436,477.05
for the Singer Island Dune Restoration Project, and $3,267,237.02 for the Ocean
Ridge Shore Protection Project. Districts 1 and 4 (SS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES (cont’d.)
5. Staff recommends
motion to:
A)
approve a Law Enforcement
Service Agreement for Conservation Lands and Natural Areas of Palm Beach County
(Agreement) with the Palm Beach County Sheriff’s Office (PBSO), starting at an
annual cost of $589,070, for a five (5)-year term beginning October 1, 2024 and
ending September 30, 2029; and
B) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement, and
any necessary minor amendments that do not substantially change the scope of
work, terms or conditions of the Agreement.
SUMMARY: This Agreement is a continuation of 23 years of work completed through a
PBSO Agreement, previously approved by the Board of County Commissioners (BCC)
(R2001-2048, R2005-1361, R2007-1634, R2010-1287, R2013-1342, R2016-1182, and
R2019-1184). This Agreement provides for four (4) full-time PBSO Deputies to
patrol the County’s conservation lands and natural areas, and is funded by the
Agricultural Reserve Land Management Fund, a non-ad valorem source. As a result of the efforts covered in this
Agreement, violations of the Natural Areas Ordinance have been prevented or
enforced, and have improved public safety and education at the natural
areas. Countywide (SS)
6. Staff recommends
motion to receive and file: Task Assignment No. PM4 to Contract No. FWC21149
(R2022-0361) (Contract) with Florida
Fish and Wildlife Conservation Commission (FWC) to provide aquatic vegetation control services for water
bodies within the County and a cost reimbursement of $50,000, for a term
beginning upon execution through April 20, 2025. SUMMARY:
On April 12, 2022, the Board of County Commissioners (BCC) approved FWC
Contract No. FWC21149 (R2022-0361) (Contract) for aquatic vegetation control
services in the following lakes: Clarke,
Ida, Osborne, and Pine. Delegated authority to execute all future time
extensions, task assignments, certifications, and any other forms associated
with this Contract was also approved at that time. This Contract facilitates
County treatment and control of aquatic exotic plants within the Chain of
Lakes. County work is reimbursed by FWC. In accordance
with County PPM CW-O-051, all delegated contracts, agreements and grants must
be submitted by the initiating Department as a receive and file agenda item. There
is no cost to the County.
Districts 2, 3, and 4
(SS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following two (2) executed Entertainment Contractor
Agreements:
A)
Nathan Mercado in an amount not to exceed $600 for the Legends on the
Lawn: Spider Cherry concert at Canyon Amphitheater on May 18, 2024; and
B) Gary
Frost in an amount not to exceed $2,000 for the Big Vance and the Phat Cats
concert at Sunset Cove Amphitheater on July 4, 2024.
Summary: The Parks and Recreation Department produces
cultural activities to promote the quality of life in the communities it
serves. A sponsorship received for the Legends on the Lawn events from
Nostalgic America offset the expense of the concert at Canyon Amphitheater. These Entertainment Contractor
Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with
Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and
2017-1367. The Department is now submitting these Agreements in accordance
with County PPM CW‑O‑051, which requires all delegated
agreements to be submitted by the initiating Department to the BCC as a receive
and file agenda item. Districts 1 and
5 (AH)
2. Staff recommends
motion to receive and file: an executed Sound and Light Production Service
Contractor Agreement with Sanderford Sound, Inc., in an amount not to exceed
$6,340 for the annual 4th of July Celebration Event at Sunset Cove
Amphitheater for a period of July 4, 2024 through July 5, 2024. Summary: This
Sound and Light Production Service Contractor Agreement has been fully executed
on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation
Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645,
2014‑0167, 2017-1368 and 2018-0179. The Department is now submitting
this Agreement in accordance with County PPM CW-O-051, which requires all
delegated agreements to be submitted by the initiating Department to the BCC as
a receive and file agenda item. District
5 (AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
3. Staff recommends
motion to receive and file: an
executed Special Events Rental Agreement with Battle Bros LLC, for the South Florida Wing Bash Event at
Burt Aaronson South County Regional Park, for the period July 12, 2024 through
July 14, 2024. This event generated
$3,703 in revenue, with $1,103 in direct expenses; thus providing a net fiscal
impact of $2,600. Summary: The
Parks and Recreation Department assists
users in obtaining the necessary permits to hold special events in County
Parks. This Special Events Rental Agreement has been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Parks
and Recreation Department in accordance with Resolution R2021-1552. The Department is now submitting this
Agreement in accordance with County PPM CW-O-051, which requires all delegated
agreements to be submitted by the initiating Department to the BCC as a receive
and file agenda item. District 5 (AH)
4. Staff recommends
motion to receive and file: an Interlocal Grant Agreement Term Extension between Palm Beach County
and the Solid Waste Authority (SWA) of Palm Beach County for $60,000 for the
demolition and removal of the Caloosa Park Racquetball Courts, extending the
completion date from September 30, 2024 to September 30, 2025. Summary:
On September 8, 2022, the Parks and Recreation Department submitted a Solid
Waste Authority 2022 Blighted and Distressed Property Cleanup and
Beautification Grant application. The application requested $60,000 in funding
to cover the cost of demolition of the Caloosa Park racquetball courts. Grant
funding was awarded and the Interlocal Grant Agreement (R2023-0192) was
presented to the Board of County Commissioners (BCC) on February 7, 2023 for
the Mayor’s signature and to establish budget. The BCC also granted the
Director of the Parks and Recreation Department the authority to execute time
extensions, task assignments, certifications, standard forms and amendments to
the agreement that do not substantially change the scope of work. The original
grant term was from February 7, 2023 to December 31, 2023. Due to project
delays, a grant extension was approved by SWA extending the completion date
from December 31, 2023 to September 30, 2024 (R2024-0181). Due to additional
time delays SWA has granted an additional one-year time extension to September
30, 2025. There are no other changes to the terms of the Agreement as a result
of this extension. The Department is now submitting this agreement in
accordance with County PPM CW-O-O51, which requires all delegated agreements to
be submitted by the initiating Department to the BCC as a Receive and File
agenda item. District 4 (AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
5. Staff recommends
motion to receive and file: an Interlocal Grant Agreement Term Extension between Palm Beach County
and the Solid Waste Authority (SWA) of Palm Beach County for $50,000 for the
demolition and removal of the Haverhill Park Racquetball Courts, extending the
completion date from September 30, 2024 to September 30, 2025. Summary:
On November 23, 2022, the Parks and Recreation Department submitted
a Solid Waste Authority 2022 Blighted and Distressed Property Cleanup and
Beautification Grant application. The application requested $50,000 in funding
to cover the cost of demolition of the Haverhill Park racquetball courts. Grant
funding was awarded and the Interlocal Grant Agreement (R2023-0605) was
presented to the Board of County Commissioners (BCC) on May 2, 2023 for the
Mayor’s signature and to establish budget. The BCC also granted the Director of
the Parks and Recreation Department the authority to execute time extensions,
task assignments, certifications, standard forms and amendments to the
agreement that do not substantially change the scope of work. The original
grant term was from May 2, 2023 to February 28, 2024. Due to project delays, a
grant extension was approved by SWA extending the completion date from February
28, 2024 to September 30, 2024 (R2024-0183). Due to additional time delays SWA
has granted an additional one-year time extension to September 30, 2025. There
are no other changes to the terms of the Agreement as a result of this extension.
The Department is now submitting this agreement in accordance with County PPM
CW-O-O51, which requires all delegated agreements to be submitted by the
initiating Department to the BCC as a Receive and File agenda item. District
2 (AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
6. Staff recommends
motion to receive and file: an Interlocal Grant Agreement Term Extension between Palm Beach County and
the Solid Waste Authority (SWA) of Palm Beach County for $50,000 for the
demolition and removal of the Lake Lytal Park Racquetball Courts, extending the
completion date from September 30, 2024 to September 30, 2025. Summary: On November 23, 2022, the
Parks and Recreation Department submitted a Solid Waste Authority 2022 Blighted
and Distressed Property Cleanup and Beautification Grant application. The
application requested $50,000 in funding to cover the cost of demolition of the
Lake Lytal Park racquetball courts. Grant funding was awarded and the
Interlocal Grant Agreement (R2023-0606) was presented to the Board of County
Commissioners (BCC) on May 2, 2023 for the Mayor’s signature and to establish
budget. The BCC also granted the Director of the Parks and Recreation
Department the authority to execute time extensions, task assignments,
certifications, standard forms and amendments to the agreement that do not
substantially change the scope of work. The original grant term was from May 2,
2023 to February 28, 2024. Due to project delays, a grant extension was
approved by SWA extending the completion date from February 28, 2024 to
September 30, 2024 (R2024-0184). Due to additional time delays SWA has granted
an additional one-year extension to September 30, 2025. There are no other
changes to the terms of the Agreement as a result of this extension. The
Department is now submitting this agreement in accordance with County PPM
CW-O-O51, which requires all delegated agreements to be submitted by the
initiating Department to the BCC as a Receive and File agenda item. District 3 (AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: An Agreement with the Friends of Mounts Botanical Garden, Inc. (FMBG)
from October 1, 2024 through September 30, 2025 for continued partial funding
of $76,841 for a horticulturist position to assist in the care and maintenance
of The Mounts Botanical Garden of Palm Beach County (MBG). Summary:
FMBG will continue to provide funding to the County in an amount not to
exceed $76,841 ($49,266 for salary and $27,575 for fringe benefits) to support
65.5% of an existing horticulturist position beginning October 1, 2024 and
ending on September 30, 2025. Palm Beach County will be funding the
remaining $40,474 ($25,949 for salary and $14,525 for fringe benefits) at a
funding level of 34.5% for a total of $117,315. The total amount of funding
increased from last year because there was a 6% salary increase and a 2.4%
increase in benefits. The position will continue to support the
MBG. District 2 (AH)
2. Staff recommends
motion to approve: An
Agreement with the Friends of Mounts Botanical Garden, Inc. (FMBG) from October
1, 2024 through September 30, 2025 for continued partial funding of $45,212 for
a gardener position to assist in the care and maintenance of The Mounts
Botanical Garden of Palm Beach County (MBG). Summary:
FMBG will continue to provide funding to the County in an amount not to
exceed $45,212 ($29,332 for salary and $15,880 for fringe benefits) to support
60% of an existing gardener position beginning October 1, 2024 and ending on
September 30, 2025. Palm Beach County will be funding the remaining
$30,143 ($19,555 for salary and $10,588 for fringe benefits) at a funding level
of 40% for a total of $75,354. The total amount of funding increased from
last year because there was a 6% increase in salary and a 3.1% increase in
benefits. The position will continue to support the MBG. District
2 (AH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file: Fourth Amendment to Contract for Consulting/Professional Services
(R2022-0988) with Southeast Florida Behavioral Health Network, Inc. (SEFBHN) to
amend the monthly reimbursement request form and the amounts of the budget line
items. Summary: The
Fourth Amendment to the contract with SEFBHN amends the monthly reimbursement
request form and the amounts of the budget line items for the Frequent Utilizer
“Next Steps” pilot project to provide continued access to behavioral health
support services, case management, care coordination, peer support, and
assistance applying for various public benefits. There are currently 65
participants in the program as of June 2024. On September 13, 2022, R2022-0988
authorized the County Administrator or designee to execute any amendments,
reports, or documents relating to this agreement after approval of legal
sufficiency by the County Attorney’s Office and within budgeted allocations. In accordance with County PPM CW-O-051, all
delegated contracts, agreements, and grants must be submitted by the initiating
department as a receive and file agenda item.
No County
matching funds are required. Countywide (HH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: the termination of Agreement R2018-0932 (Agreement)
with Community of Hope Church (Nonprofit), which terminates the provision of
network services, as requested by the Nonprofit. Summary: The Nonprofit currently contracts with
Palm Beach County (R2018-0932) for network services. The Nonprofit has informed the County that it
no longer owns the building receiving network services and has requested the
termination of the Agreement. This item
seeks authorization to terminate the Agreement, as requested by the
Nonprofit. District 3 (DB)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (cont’d.)
2. Staff recommends
motion to:
A) rescind Interlocal Agreement (IA)
R2019-1927;
B)
approve the replacement IA providing network services and basic telephone
services with the Town of Lake Clarke Shores (Town) for an annual revenue total
of $8,520; and
C)
authorize the County Administrator or designee, Chief Information Officer, to
approve and execute Task Orders associated with these services, up to maximum
dollar value of $50,000 per Task Order, that do not substantially change the
scope of work, term or conditions of the Task Order(s).
Summary: The Town has an existing IA with Palm Beach County (County) R2019-1927
for network services. The County
recommends rescinding the existing agreement and replacing it with a new IA for
a period of one (1) year with four (4) automatic one (1)-year renewals unless
notice is given by either party. This
new IA includes updated contract terms to provide network services and basic
telephone services to the Town. The
Florida LambdaRail LLC has approved connection of the Town to the Florida
LambdaRail Network. District 3
(DB)
3. Staff recommends
motion to approve: the Second Amendment to Interlocal Agreement (IA)
R2022-0729 with the Town of Hypoluxo (Town), removing network services from
Garnett Park, resulting in a decrease in annual revenue of $1,800. Summary: The Town currently holds an IA with Palm
Beach County (R2022-0729 as amended by R2022-1546) for network services. This
Second Amendment proposes the removal of Garnett Park, located at 7210 S
Federal Hwy, from the agreement. The Town did not proceed with the installation
of services at Garnett Park and has decided not to pursue these services. As a
result, this amendment will remove Garnett Park from the agreement, leading to
an annual revenue decrease of $1,800. District
4 (DB)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (cont’d.)
4. Staff recommends
motion to receive and file: fully executed Task Order #3 to Contract
R2022-1296 with GPI Geospatial, Inc. (GPI) in the amount of $71,000 for the
2024 Palm Beach Coastal Orthophotography Program. Summary: GPI provides geospatial services such as
planimetric mapping, digital orthophotography, LiDAR processing and GPS survey in support of the County’s Geographic
Information System (GIS). Task Order #3
was initiated by the Environmental Resources Management Department (ERM) for
the consultant to provide coastal orthophotography. The Chief Information Officer approved Task
Order #3 by delegated authority to approve task orders of less than $100,000 pursuant
to R2022-1296, dated November 1, 2022.
The Small Business Enterprise (SBE) overall goal for this contract is
25%, which was awarded under the OEBO ordinance. Task Order #3 includes 0% SBE
participation due to the highly specialized nature of the task. The Cumulative
SBE Participation including task order #3 is 0%. Countywide (DB)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve a Contract for Adult Reentry Services with the City of
Riviera Beach in the amount of $336,911 for period of retroactive to September
1, 2024 through September 30, 2025 utilizing ad valorem funding and Department
of Justice (DOJ), Bureau of Justice Assistance (BJA);
B) approve a Budget Transfer of $100,000 in the General Fund to move
budgeted supplemental funds from the Criminal Justice Commission (CJC) to the
Justice Service Grant Fund;
C)
approve a Budget
Amendment of $100,000 in the Justice Services Grant Fund; to recognize the transfer and appropriate the
funds; and
D) authorize: County Administrator or designee to
execute amendments and administrative documents associated with the above
contracts that do not substantially change the scope of work, terms or
conditions of the agreement, on behalf of the Board of County Commissioners,
after approval of legal sufficiency by the County Attorney's Office, and within
budgeted allocations.
Summary: Palm Beach County’s (PBC) Public
Safety Department Division of Justice Services contracts with providers to
coordinate reentry services to those returning to PBC from incarceration. On
November 9, 2022, PBC Reentry was awarded Grant #15PBJA-22-GK-04898-CSCR)
(CFDA#16.812) through BJA in the amount of $750,000 for FY23-25. The contract
with the City of Riviera Beach is offset by $211,159 in BJA grant funds and
$125,752 in ad valorem funds which will be used to support the City of Riviera
Beach to enhance and implement clinical services and other evidence-based
responses to improve reentry, reduce recidivism, and address the treatment and
recovery needs of the people with mental health, substance use, or co-occurring
disorder who are currently involved in the criminal justice system or were
formerly involved. Through additional
partnerships with State agencies, community providers, and non-profit and faith
based organizations, this funding will allow our local government to enhance
reentry and behavioral health services for our underserved communities in the
Glades area. As part of the FY24 budget
process, a supplemental request was approved allocating a recurring $100,000 to
increase the number of individuals served. Funding is retroactive to September
1, 2024. District 6 (RS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Staff recommends
motion to:
A) receive and file Contractual
Purchase Order (CPO) (PR533715) for $500,000 for contractual adult reentry
services from the Florida Department of Corrections (FDC) for the service
period of July 1, 2024 through June 30, 2025;
B) approve a Budget Amendment of $406,250 in the Justice Service
Grant Fund to adjust the budget to the actual CPO amount;
C)
approve the
following Contracts to provide adult reentry case management, support services,
and mental health services:
1)
The Lord’s Place, Inc. (TLP) in the
amount of $242,844 for the period retroactive to July 1, 2024 through June 30,
2025 utilizing funding from FDC;
2)
The City of Riviera Beach (RB) in the amount of $223,656 for the period
retroactive to July 1, 2024 through June 30, 2025 utilizing funding from FDC;
3) TLP in the amount of $207,787 for the period
of October 1, 2024 through September 30, 2025 utilizing ad valorem funding and
Federal Justice Assistance Grant (JAG) funding;
4) RB in the amount of $382,088 for the period of
October 1, 2024 through September 30, 2025 utilizing ad valorem funding, State
JAG, and Federal JAG funding; and
D)
authorize County Administrator
or designee to execute amendments and administrative documents associated with
the above contracts that do not substantially change the scope of work, terms
or conditions of the agreement, on behalf of the Board of County Commissioners,
after approval of legal sufficiency by the County Attorney's Office, and within
budgeted allocations.
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Summary: Palm Beach County’s (PBC) Public Safety
Department Division of Justice Services contracts with providers to coordinate
reentry services to those returning to PBC from incarceration. Providers are solicited and selected for a
three (3) year period through a competitive procurement process, although
funding is allocated on an annual basis. For FY 2022-2025, TLP and RB were two
(2) of the three (3) selected to receive funding for services such as pre and
post release case management, client support services and mental health
treatment. The State of Florida FY 2024–FY 2025 General Appropriations Act
provided $500,000 in non-recurring general revenue funds to the PBC Board of
County Commissioners (BCC) for Adult Reentry Services. This funding supports
the provider contracts who serve returning residents who are released from FDC
facilities and return to PBC. Approximately 663 adults (358 Sago Palm Reentry
Center and 305 Post Release) have been served by the County’s Reentry Program
in County FY 2023. This includes 137 prerelease new enrollments at Sago
Palm and 182 post-release new enrollments. During FY 2023, funds were
also used by RB to incorporate important evidence based programing prerelease
such as Moral Reconation Therapy, Inside Out Dads, Peer Group, and Casual
Conversation with a behavioral health specialist. Separate contracts are
necessary for each provider based on funding source and the beginning and
ending dates of the County and the State fiscal years. Contracts utilizing
funding from the State of Florida FY 2024–FY 2025 General Appropriations Act
are retroactive to July 1, 2024. The delay was a result of a late budget
approval by the Governor and the FDC CPO being received on July 1st.
Countywide (RS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) receive and file the electronically executed Florida
Department of Transportation (FDOT) Public Transportation Grant Agreement
(PTGA) G2Z83, awarding the Palm Beach Board of County Commissioners (BCC)
$2,054,620 in FY2021 Section 5310 (CFDA 20.513) funds; the PTGA has an
effective date of June 4, 2024 with an expiration date of April 13, 2026;
B) receive
and file the electronically
executed Florida Department of Transportation (FDOT) Public Transportation
Grant Agreement (PTGA) G2Z85, awarding the BCC $2,051,784 in FY2022 Section
5310 (CFDA 20.513) funds; the PTGA has an effective date of June 5, 2024 with
an expiration date of April 13, 2026;
C) receive
and file the electronically
executed Florida Department of Transportation (FDOT) Public Transportation
Grant Agreement (PTGA) G2Z89, awarding the BCC $2,049,193 in FY2023 Section
5310 (CFDA 20.513) funds; the PTGA has an effective date of June 4, 2024 with
an expiration date of April 13, 2026; and
D) approve an upward Budget Amendment of $6,155,597 in
Palm Tran Grant Fund 1341 to recognize the grant awards and increase the
capital expenditures.
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
1. Summary: Palm
Tran submitted grant applications for Section 5310 funds in 2020, 2021 and 2022
requesting assistance for the replacement of Paratransit vehicles, issues with
the availability of a State contract delayed the issuance of the grant awards.
In May, FDOT issued agreements requiring
electronic execution. The electronic
documents have been fully executed on behalf of the BCC by the County
Administrator in accordance with R2024-0484, 0485 and 0486, which delegated
authority to sign and accept a grant award on behalf of the BCC. In accordance
with County PPM CW-F-003 and CW-O-051, a signed copy of agreements executed
under delegated authority must be placed on the BCC’s agenda as a receive and
file. The executed documents are now being
submitted to the BCC to allow the Clerk’s Office to receive and file. PTGA G2Z83, in the amount of $2,282,912 requires a match of 10% or $228,292 and
provides a grant in the amount of $2,054,620.
PTGA G2Z85, in the amount of $2,279,760 requires a match of 10% or $227,976 and provides a grant in the
amount of $2,051,784. PTGA G2Z89, in the amount of $2,276,882 requires a match of 10% or $227,689 and
provides a grant in the amount of $2,049,193. The match is included in Palm
Tran’s Vehicle Replacement Fund budget The PTGAs requires broader indemnification
by the County than that approved by PPM CW-F-049. They require the County and
its officers, agents, or employees to indemnify, defend, and hold harmless FDOT
and all of its officers, agents, and employees from any claim, loss, damage,
cost, charge, or expense arising out of the County’s non-compliance or
performance of this agreement. The indemnification obligation must also be
passed on to contractors and/or consultants.
The Risk Management Department and County Attorney’s Office have reviewed
the indemnification requirements of the PTGAs and advised staff
accordingly. Given that liability is
limited to County’s non-compliance or performance of this agreement and the
statutory caps of Section 768.28, Florida Statutes, staff recommends Board
approval. Countywide (MM)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN (cont’d.)
2. Staff recommends
motion to approve: an
Interlocal Agreement (ILA) between Palm Beach County and St. Lucie County, a
political subdivision of the State of Florida, by and through its Board of
County Commissioners, regarding support and emergency management public
transportation services for the Port St. Lucie Express Regional Transit (PSLX)
pilot program. Summary: The PSLX route will travel north-south
via I-95 providing two (2) morning and two (2) evening peak trips between West
Palm Beach and Port St. Lucie. The PSLX will utilize Coach-style buses to
transport riders along the designated routes. This ILA establishes procedures
for mechanical failure or an emergency, including crashes involving Palm
Tran-operated buses during the operation of the PSLX within St. Lucie County.
Palm Tran will establish communication with St. Lucie County (through its
service contractor), depending on the location of the disabled vehicle, to
request support until Palm Tran staff arrives. Support and mitigation measures
to be provided may include passenger safety and coordination with law enforcement
and first responders. Road supervisory personnel may be requested from St.
Lucie County (through its service contractor) to help facilitate the proper
transfer of passengers if a relief vehicle is needed. This agreement will
commence upon execution, with a three-year term to cover the duration of this
pilot program. Based on Palm Tran incidents in 2023 and hourly support rate
provided by St. Lucie County (through its service contractor), the annual
support cost is estimated to be $2,433.
These costs will be funded by the grant agreement between Palm Beach
County and the Florida Department of Transportation, approved by the BCC on
November 7, 2023, for the PSLX Transit Pilot Program. Countywide (MM)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) receive & file Grant Adjustment
Notice (GAN) #1 to the State Financial Assistance Agreement between the Florida
Department of Law Enforcement (FDLE) and the Palm Beach County Sheriff’s Office
(PBSO) which provides $317,613.10 in supplemental funding for the FY23-24 Drone
Replacement Program, and extends the grant period through June 30, 2025;
B) receive & file GAN #2 which provides $75,000 in supplemental
funding; and
C) approve
a Budget Amendment of $392,613 in the Sheriff’s Grant Fund.
Summary: On September 19,
2023, the Board of County Commissioners (BCC) accepted a grant award in the
amount of $257,386.90 on behalf of the PBSO, from the FDLE, to offset the costs
for the replacement of non-compliant drones (R2023-1348). During the 2024 legislative session, the
Legislature re-authorized funding through FDLE to reimburse local governments
for the purchase of compliant drones. The GANs provide $392,613.10 in
supplemental funding for a total award of $650,000, and extends the period of
performance from June 30, 2024 to June 30, 2025. There is no match requirement associated with this
award. The Catalog of State Financial Assistance (CSFA)
number is 71.092 and the agreement number is 3X010. Countywide (RS)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: two (2) fully
executed Palm Beach County FY2024, Category “G” Grant Agreements managed by the Palm Beach County Sports Commission, Inc.
(Sports Commission), on behalf of the Palm Beach County Tourist Development
Council (TDC) with:
A) Prospect Wire 2, LLC, for the promotion of the Prospect Wire Southeast Championships, held June 1 –
5, 2024, for the term February 1 – September 5, 2024. This grantee was approved by the TDC on
November 9, 2023, in the amount of $20,000; and
B) First Responder
Sports, Inc., for the promotion of the First
Responder Games, held June 3 – 16, 2024, for the term February 3, 2024 –
October 16, 2024. This grantee was
approved by the TDC on March 14, 2024, 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 (BCC) 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 Prospect Wire 2, LLC/Prospect
Wire Southeast Championships were 2,316, and room nights generated for First Responder Sports, Inc./ First Responder Games were 2,371. Countywide (YBH)
2. Staff recommends
motion to receive and file: a fully executed Palm
Beach County FY2024, Category “G” Grant Agreement managed by the Palm Beach
County Sports Commission, Inc. (Sports Commission), on behalf of the Palm Beach
County Tourist Development Council (TDC) with The
National Junior Tour, LLC, for the promotion of The Junior Tour Powered by
Under Armour Summer National Championship, held June 19 – 23, 2024, for the
term February 19 – September 23, 2024.
This grantee was approved by the TDC on November 9, 2023, in the amount
of $25,000. Summary: In accordance with County PPM CW-O-051, all
delegated contracts, agreements, grants must be submitted by the initiating
department as a receive and file agenda item.
On June 7, 1994, the Board of County Commissioners (BCC) adopted
Resolution R94-702, as amended, authorizing the County Administrator and/or the
Executive Director of the TDC to enter into grant agreements with Category G
(Sports) grantees after they have been approved by the TDC. Room nights
generated for The National Junior Tour, LLC/ The Junior Tour Powered by Under Armour Summer
National Championships were 1,796. Countywide/District 1 (YBH)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF RESILIENCE
1. Staff recommends
motion to:
A) ratify the signature of the Mayor on an application to the U.S Environmental
Protection Agency’s (EPA) Environmental and Climate Justice Community Change
Grant Program (CCGP) of $20,000,000, estimated to begin on June 1, 2025, and
ending after three (3) years in May 2028 to expand sustainable landscaping
practices in Pam Beach County;
B) ratify the signature of the County Administrator on a memorandum of agreement
with Community Partners of South Florida to partner on the EPA CCGP sustainable
landscaping project for the term of the grant period;
C)
delegate authority to the
County Administrator or designee to execute the forthcoming grant project
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 change the scope of work, or conditions of the
forthcoming grant agreement by more than 20% of the agreement, if funding is
awarded; and
D) authorize the Director of the Office of Resilience
(OOR) to serve as designee and liaison with the EPA for this project.
Summary: The Office of Resilience, the Cooperative Extension Office, and
Community Partners of South Florida, a local non-profit, are seeking funding to
collaborate on creating a sustainable landscaping program. This project would
reduce air pollution, noise pollution, and greenhouse gas emissions by offering
vouchers to purchase electric landscape equipment to residents, local landscape
businesses, and local government landscape operations within low-income,
disadvantaged communities in Palm Beach County. It will also include education
about sustainable landscape techniques, which will include Florida-friendly and
native plant giveaways. If awarded, this grant would fund three (3) new staff
positions for the Cooperative Extension Office, including one (1) full-time
Program Coordinator position (PG 30), one (1) full-time Program Assistant (PG
19), and one (1) part-time Program Assistant (PG 19). It also reimburses the
County for the time of current staff positions assigned to the project. All new
staff positions would be requested upon the grant being awarded and eliminated
after three years when grant funding is discontinued. No
match is required for this grant. Countywide (RM)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF RESILIENCE (cont’d.)
2. Staff recommends
motion to:
A)
ratify the signature of the
Mayor on an application to the U.S Environmental Protection Agency’s (EPA)
Environmental and Climate Justice Community Change Grant Program (CCGP) of
$3,000,000, estimated to begin on June 1, 2025, and ending after three (3)
years in May 2028 to launch the Palm Beach County (PBC) Climate Resilient
Communities (CRC) Project;
B)
ratify the signature of the County Administrator on
a memorandum of agreement with Community Partners of South Florida to partner
on the EPA CCGP sustainable landscaping project for the term of the grant
period;
C)
delegate authority to the
County Administrator or designee to execute the forthcoming grant project
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 change the scope of work, or conditions of the
forthcoming grant agreement by more than 20% of the agreement, if funding is
awarded; and
D)
authorize the Director of the Office of Resilience
(OOR) to serve as designee and liaison with the EPA for this project.
Summary: OOR is partnering with community-based
organizations Community Partners of South Florida and The CLEO Institute on an
EPA grant application to fund the CRC Project. The CRC Project will create
systemic channels for meaningful communication between disadvantaged
communities impacted by climate change and local governments trying to
alleviate climate change impacts in three priority areas: the Glades Region,
North Coastal PBC, and South Coastal PBC. If awarded, this grant would fund one
(1) new student intern position for OOR, at a pay rate of $20/hour, up to 1,000
hours per calendar year, which OOR would request upon the grant being awarded
and eliminated after three (3) years when grant funding ends. The grant will
also reimburse the County for in-kind current staff time allocated to the CRC
Project. No match is required for this
grant. Countywide (RM)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
FF. INTERNAL AUDITOR
1. Staff recommends
motion to receive and file:
A)
Audit report reviewed by
the Audit Committee at its June 12, 2024 meeting as follows:
Report
#2024-03 Public Safety / Consumer Affairs – Florida
Department of Highway Safety and Motor Vehicles (Audit Work Plan #2024-05);
and
B) Audit
Recommendation Follow-up Status Report as of May 15, 2024.
Summary: The
County Code requires the County Internal Auditor to submit copies of final
audit reports to the Board of County Commissioners (BCC) and the Internal Audit
Committee. The County Code also requires the County Internal Auditor to issue
semi-annual audit recommendation status reports to the BCC and the Internal
Audit Committee. At its meeting June 12, 2024 the Internal Audit Committee
reviewed the attached audit report and the semi-annual audit recommendation
status report. We are submitting these reports to the
BCC as required by the County Code. Countywide (DB)
SEPTEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
FF. INTERNAL AUDITOR (cont’d.)
2. Staff recommends
motion to: reappoint
two (2) members to the Internal Audit Committee (IAC):
|
Seat |
Nominee |
Term |
Nominated
by: |
|
3 |
Michael Kohner |
10/1/2024 -9/30/2027 |
Commissioner Sachs Commissioner Barnett |
|
4 |
John Gilbert |
10/1/2024 -9/30/2027 |
Commissioner Sachs Commissioner Barnett |
Summary: The purpose of
the Internal Audit Committee is to assist the Board of County Commissioners
(BCC) in fulfilling its oversight and governance responsibilities of County
operations and providing advice and recommendations to the County Internal
Auditor. All members of the
Internal Audit Committee are required to be citizens of the County, independent
of County operations and officials, with experience in business or finance;
government accounting, auditing, operations or financial management; or other
relevant experience. At its March
20, 2024 meeting, the Internal Audit Committee unanimously recommended the
reappointment of Mr. Kohner Seat 3, and Mr. Gilbert Seat 4. Both Committee members will serve a three (3)
year term ending September 30, 2027. The
audit committee consists of five (5) full member seats and one (1) alternate
member seat. Following these
reappointments, the five (5) full-member seats will be filled. The alternate member seat remains
vacant. Diversity count is Caucasian: 5
(100%). The gender ratio (male: female) is 4:1.
Staff is addressing the need to increase diversity within its boards and
will continue to encourage expansion of the Committee’s diversity.
Countywide (DB)
* * * * * * * * * * * *
SEPTEMBER 10, 2024
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring October 2024 as National Women’s Small Business Month. (District 1)
B) Proclamation
declaring September 2024 as Workforce Development Month. (District 2)
C) Proclamation
declaring September 17 – 23, 2024 as Constitution Week. (District 1)
D) Proclamation
declaring September 2024 as Pollinators Month. (District 2)
E) Proclamation declaring September 15 – October 15, 2024 as Hispanic
Heritage Month. (District 3)
F) Proclamation declaring September 23 – 27, 2024 as Falls Prevention
Awareness Week. (District 4)
G) Proclamation declaring September 20, 2024 as the Palm Beach Partners
Business Matchmaker Conference and Expo Day. (District 5)
H) Proclamation declaring September 2024 as Feeding South Florida Hunger
Action Month. (District 4)
I) Proclamation declaring September 16, 2024 as
The Soup Kitchen From Hunger to Hope Day. (District 5)
J) Proclamation
declaring September 2024 as National Recovery Month. (District 6)
* * * * * * * * * * * *
SEPTEMBER 10, 2024
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
amending the Palm Beach County Administrative Code for the purpose of updating
provisions related to Construction, Engineering and Architectural contract
change orders; providing for conflict with Federal or State Law or County
Charter; and providing for an effective date.
Summary:
On May 14, 2024, the Board of County Commissioners (BCC) adopted an
ordinance repealing and replacing sections 2-51 through 2-58 of the Palm Beach
County Code (the County’s Procurement Code) which will be effective on November
16, 2024. This resolution will provide for adoption of amendments to the County
Administrative Code (specifically to Section 307.4) due to recent changes to
the County’s Procurement Code which increased the signature authority of the
Directors of Purchasing and the five (5) construction departments (Facilities
Development and Operations, Engineering and Public Works, Airports, Water
Utilities, and Environmental Resources Management) from $200,000 to $300,000.
No other changes to the Administrative Code are recommended for approval though
the adoption of this resolution. Countywide
(DC)
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
B. AIRPORTS
1. Staff recommends
motion to:
A)
approve Amended and Restated Aeronautical
Development Site Lease Agreement (Amended Lease) with Ferrovial Vertiports
Florida LLC (Ferrovial), amending the Aeronautical Development Site Lease
Agreement (R2021-1586) (Original Lease) with Ferrovial to authorize any
vertical take-off and landing (VTOL) aircraft satisfying the requirements of
the Original Lease to operate from the vertiport being developed by Ferrovial;
extend various dates, including contingency and construction deadlines and the
date of beneficial occupancy; modify minimum capital expenditure requirements;
provide the option to rehabilitate an existing building for annual improvement
rental in the amount $41,530, commencing on the date of beneficial occupancy;
and require the collection of an airport facility charge based on each VTOL
aircraft landing; and
B)
authorize the County
Administrator or designee, who in this case will be the Department of Airports
Director, to execute, on behalf of County, the Estoppel Certificate and
Memorandum of Lease in the form attached to the Lease and all applications and
similar instruments required to obtain necessary governmental approvals for the
development of the property for the approved use, and to approve further
extension of dates for satisfaction of contingencies by Ferrovial for reasons
beyond Ferrovial’s reasonable control.
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
B. AIRPORTS (cont’d.)
1. Summary: The Original Lease provided for the lease
of approximately 205,349 square feet of ground at Palm Beach International
Airport (PBI) to Ferrovial for the development of a vertiport, aircraft parking
apron, and a terminal building for an initial annual ground rental of
$154,011.75. The Original Lease limited
the use of the vertiport to the VTOL aircraft being developed by Lilium, unless
otherwise approved by the County and provided that the County’s approval would
be subject to satisfaction of the requirements established for the Lilium VTOL
aircraft. The Amended Lease provides that any VTOL aircraft satisfying the
requirements of the Original Lease for the Lilium VTOL aircraft may operate
from the vertiport. The Original Lease was contingent on receipt of all
necessary governmental approvals for development of the required improvements.
The Amended Lease provides for extension of the contingency date due to delays
in obtaining the necessary governmental approvals and the date to commence
construction from October 19, 2024 to October 1, 2026. The Amended Lease extends the outside date
for the date of beneficial occupancy from October 19, 2024 to October 1, 2027.
The Original Lease provided for a minimum capital expenditure of $7,000,000 for
the construction of the required improvements. Ferrovial has requested the
option to rehabilitate an existing building that was anticipated to be
demolished in lieu of building a new terminal building. The Amended Lease
provides that, if Ferrovial elects to rehabilitate the existing building,
Ferrovial will pay fixed annual improvement rental in the amount of $41,530 in
addition to ground rental and the minimum capital expenditure would be reduced
to $6,000,000. The Amended Lease allows Ferrovial to phase the minimum capital
expenditure to provide for the expansion of the aircraft parking apron after
commencement of operations. The Amended Lease adds a provision requiring
collection of an initial airport facility charge for each VTOL aircraft
landing, equal to 50% of the then-current general aviation landing fee. This item confirms the delegation of
authority authorizing the County Administrator or designee to sign certain
documents on behalf of the County to ensure timely processing, including an
Estoppel Certificate and Memorandum of Lease required for financing purposes,
and provides authorization to further extend contingency dates based on delays
beyond the reasonable control of Ferrovial. For purposes of this delegation,
the Airport Director will be considered a designee. Countywide (HJF)
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
C. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County
Commissioners of Palm Beach County, Florida (BCC), authorizing the execution of
grant agreement G2Z40 with the Florida Commission for the Transportation
Disadvantaged (CTD), providing a grant in the amount of $3,002,299 for the Trip
& Equipment Grant Program (CSFA 55.001) to provide Palm Tran Connection
Service (Connection) trips and discounted daily and monthly fixed route bus
passes. This is a unit cost agreement
and has an anticipated start date of July 1, 2024 and an anticipated end date
of June 30, 2025;
B) approve a Budget Amendment of $5,638,232 in the Palm Tran
Operating Fund 1340 to recognize the grant award; and
C) approve a Budget Transfer of $3,435,205 in the General Fund 0001 to
increase the transfer to Palm Tran Operating Fund 1340 and decrease Contingency
Reserves.
Summary: This PTGA G2Z40, in the amount of $3,335,887, requires a match of 10% or $333,588
and provides a grant in the amount of $3,002,299. The total anticipated cost to provide
transportation disadvantaged service is $7,145,986, which requires the County
to overmatch to $3,810,099 in order to maintain the program at its current
level. The grant requires broader indemnification by the County than that
approved by PPM CW-F-049. The grant requires the County and its
officers, agents, or employees to indemnify, defend, and hold harmless CTD and
all of its officers, agents, and employees from any claim, loss, damage, cost,
charge, or expense arising out of the County’s non-compliance or performance of
this agreement. The indemnification obligation must also be passed on to
contractors and/or consultants. The Risk Management Department and County
Attorney’s Office have reviewed the indemnification requirements of this grant
and advised staff accordingly. Given that liability is limited to the County’s
non-compliance or performance of this agreement and the statutory caps of
Section 768.28, Florida Statutes, staff recommends Board approval. Countywide (MM)
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve:
A) the establishment
of a capital project and funding for the purpose of storm water and flood
studies to update and improve the accuracy of Federal Emergency Management
Agency (FEMA) Florida Insurance Rate Map (FIRM) panels in the County’s riverine
(inland) flood and tidal areas;
B) a Budget Transfer
of $9,500,000 from the Building Fund operating reserves to the Building Capital
Project Fund; and
C) a Budget Amendment
in the amount of $9,500,000 in the Building Capital Project Fund to establish a
budget to provide initial funding of the studies required for this project.
Summary: As discussed with the Board the County Commissioners (BCC) at the July
9 and August 27, 2024 workshops, with the exception of the eastern Tidal areas
which are pending and become effective December 20, 2024; most of the FEMA FIRM
panels in the County have had no significant flood map updates since 1979. At these workshop(s) Staff presented three
(3) areas of proposed mapping efforts which are: the western area of the County
around Lake Okeechobee/Herbert Hoover Dike (HHD), the South Florida Water
Management District (SFWMD) Basins, and the Tidal areas. The Department, along with the Water
Resources Manager, proposes to perform phased studies of these areas and will
issue request for proposals to hire one or more consultants to assist with
these efforts. If all phases as anticipated move forward, the complexity of the
studies and modeling may require up to six (6) years to complete. Countywide
(RM)
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
D. PLANNING, ZONING & BUILDING
(cont’d.)
2. Staff recommends
motion to approve: an
Interlocal Agreement (ILA) between Palm Beach County (County) and the Town of
Haverhill (Town) setting forth certain conditions which will resolve the
County’s potential challenge to the voluntary
annexation of properties totaling 12.55 acres located on the north side
of Wallis Road west of Haverhill Road. Summary: Palm Beach County received a filing for annexation from
the Town in February of 2024. The Town seeks to voluntarily annex approximately
12.55 acres (5 parcels) of land known as the Wallis Road Property that are
proposed to be redeveloped into a single development. After review,
County staff identified inconsistencies with Chapter 171, Florida Statutes and
objected to the annexation. On April 2, 2024, the Palm Beach County Board
of County Commissioners (BCC) gave direction to staff to work with Commissioner
Weiss and the Town to resolve the objection to the annexation and to bring the
item back for consideration. Subsequently the ILA, developed jointly by
the Town and the County, with input from the Applicant, was adopted by the Town
Council at its August 22, 2024 meeting. The ILA ensures that ten (10) out of
the one hundred (100) proposed townhomes will be provided as for-sale workforce
housing units. Although the ILA does not eliminate the contiguity issue,
it sets forth the conditions under which the County will agree not to challenge
the proposed annexation, thereby foregoing the time and cost of a formal
challenge to the annexation. Unicorporated (DWL)
SEPTEMBER 10, 2024
5. REGULAR
AGENDA
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing
on October 22, 2024 at 9:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, AMENDING SECTIONS 2-148 AND 2-149 OF THE LIVING WAGE ORDINANCE
(CHAPTER 2, ARTICLE IV, DIVISION 3 OF THE PALM BEACH COUNTY CODE); PROVIDING
FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CAPTIONS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: Section 2-148 of the
County’s Living Wage Ordinance (Living Wage Ordinance) is being amended to
revise the definition of “Paratransit contract” due to recent changes to the
County’s Procurement Code which increased the mandatory bid or proposal amount
from $100,000 to $150,000. Section 2-149 of the Living Wage Ordinance is being
revised to provide that: (1) the Living Wage Ordinance will not apply to
construction contracts entered into on or after July 1, 2024, due to recent
legislative changes to section 255.0992, Florida Statutes, which now prohibits
the County from imposing a minimum wage requirement (other than the state or
federal minimum wage) on construction contracts entered into on or after July
1, 2024; and (2) the Living Wage Ordinance will not apply to paratransit
contracts or other contracts entered into on or after September 30, 2026, due
to recent legislative changes to section 218.077, Florida Statutes which
prohibits the County from imposing a minimum wage requirement (other than the
state or federal minimum wage) on any contracts entered into on or after
September 30, 2026. (OFMB) Countywide
(MWJ)
* * * * * * * * * * * *
SEPTEMBER 10, 2024
A. COMMISSION
DISTRICT APPOINTMENTS
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SEPTEMBER 10,
2024
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the
updated Board Directive Reports which include in process and completed board
directive items. Summary:
At the February 6, 2018 Board of County Commissioners Meeting, direction was
given to the County Administrator to submit monthly a status report of the
board directives. The report categorizes: 1) In Process Items, and 2) Completed
Items. The report continues to be updated on on an ongoing basis. Countywide
(DC)
B. COUNTY
ATTORNEY
SEPTEMBER 10, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
Request off-site approval for Proclamation declaring September 2024 as
211 Suicide Awareness and Prevention Month.
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
SEPTEMBER 10, 2024
9. MATTERS BY THE PUBLIC – 2:00 P.M.
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SEPTEMBER 10, 2024
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."