September 17, 2024

8:00 am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

SEPTEMBER 17, 2024

 

PAGE             ITEM

 

15                    3C2                 *REVISED MOTION/TITLE/SUMMARY/ (ENG) / Staff recommends motion to

approve:  Change Order (CO) No. 10 in the amount of $392,235 and a retroactive time extension of 538 days to the contract with MJC Land Development (MJC) dated September 1, 2020 (R2020-1251) (Contract) for Lyons Road from south of the Lake Worth Drainage District’s (LWDD) L-38 Canal to West Atlantic Avenue (Project).   Prior to this CO, the previous COs had adjusted the Contract completion date to February 19, 2023.  The time extension associated with this CO is retroactive and would bring the completion date to August 10, 2024; however, there are additional COs being negotiated which are expected to bring the completion date to a point still in the future.  SUMMARY: :  Per PPM CW-F-050, the total of this Change Order exceeds the allowed threshold of $100,000 and allowable time extensions relating to staff approvals for change orders to contracts and requires approval from the Board of County Commissioners (BCC). The original scope of this Project includes the widening of Lyons Road from south of the L-38 Canal to West Atlantic Avenue, drainage improvements, earthwork, installation of new curb and gutter, new sidewalk, construction of a new bridge, and a new signalized intersection at Atlantic Avenue.   Approval of Change Order CO No. 10 will reimburse MJC for work previously completed to provide providing a functional a connection to the existing pavement by expanding the physical southern limit of the Project. This adjustment ensured that the Project operated as intended under the original contract.  During construction, it was observed that the asphalt pavement south of the Project area was deteriorating and causing numerous maintenance issues, with the potential for safety hazards. Revised plans were implemented to incorporate these conditions that were the result of permitted work conducted by a private developer on Lyons Road, south of the Project, between the LWDD’s L-39 and L-38 Canals.  CO No. 10 seeks approval to additional pay items and quantities used to construct the final connection. This additional scope is authorized pursuant to Specification 4-3.6 of the Contract, which allows the Engineer to extend the construction limit if necessary to ensure proper connections to the existing pavement. Additionally, Change Order CO No. 10 will also retroactively extend adjust the contract time to account for delays in mast arm procurement due to Covid-19 induced supply chain challenges, as authorized per Specification 8-7.3.2 of the Contract. MJC has supplied documentation that they placed the order for the equipment in a timely manner. This delay was caused by factors beyond the control of both the manufacturer and MJC.  The mast arms were ordered on January 11, 2023, and delivered to the Project on February 26, 2024, resulting in a delay of 411 days. Further, between the notice to proceed on January 13, 2021, and January 1, 2024, there have been 57 days affected by inclement weather, during which work could not proceed, and 70 holidays. Time extensions are granted in accordance with Specification 8-6 for holidays, and per Specification 8-7.3.2 for weather-related delays.  Per PPM CW-F-050, the total of this CO exceeds the allowed threshold of $100,000 and allowable time extensions relating to staff approvals for CO’s to contracts and requires approval from the Board of County Commissioners (BCC). The Contract was approved on September 1, 2020, in the amount of $9,823,244.20.  The total Contract amount, including this CO and previous COs change orders, is $11,164,346.59.  There is still remaining work to be completed under this Contract that includes final paving and any punchlist items noted after substantial completion is achieved.  There will be additional COs to properly close out the Contract. 

 

 

 

 

 

 

 

 

September 17, 2024

8:00 am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

SEPTEMBER 17, 2024

 

PAGE             ITEM

 

15                    3C2                 *REVISED MOTION/TITLE/SUMMARY (cont’d.) / (ENG) / This Project was

presented to the Goal Setting Committee on March 4, 2020 and the Committee established an Affirmative Procurement Initiative (API) of a 20% minimum mandatory Small Business Enterprise (SBE) participation.  The proposed SBE participation for Change Order No. 10 is 0%.  To date, the overall SBE participation achieved is 18.49%. MJC expects to meet their SBE participation toward the end of the Project. District 5 (YBH)

 

95                    5D2                 *ADD-ON / (FDO) / Staff recommends motion to authorize: staff to negotiate

the acquisition, from Rore Asset 5981, LLC (Seller), of an approximately 2.99 acres parcel improved with a 114-room hotel located on 5981 Okeechobee Boulevard, West Palm Beach (Property).  Summary: Following approval of House Bill 1365, Unauthorized Public Camping and Public Sleeping, which effective date is October 1, 2024, staff has been actively exploring opportunities to provide temporary housing accommodations to individuals/families in need. As part of said ongoing effort, staff identified the subject property for sale and engaged in preliminary conversations with Seller. The property was initially listed for $16M, and is currently scheduled to go to auction on September 23-25, 2024. Seller consented with staff securing appraisals on the Property.  Appraisals were obtained from Callaway and Price, Inc. and Appraisal Acquisition Consultants, the same remain under review and point towards a fair market value of approximately $14M. If staff is authorized to enter into negotiations with Seller, the same would be based on the final appraisals and an assessment of the Property’s condition. As the hotel on the Property is currently operational, acquisition of the same would allow the County to make available in short order 114 rooms to serve the most pressing temporary housing needs. The County’s Community Services Department will lead the efforts to secure the agreements necessary for the daily operations of the facility. Since this is not a planned project, budget for the same has not been approved. However, staff has identified several potential funding sources including, but not limited to, American Rescue Plan (ARPA) Replacement Funds and Infrastructure Sales Tax (Housing Units for Homeless, Extremely Low Income and Low Income) funds. If negotiations prove successful, staff will bring back at a later time for approval by the Board of County Commissioners an Agreement for Purchase and Sale to purchase the Property.  (Property & Real Estate Management) District 2 (HJF)

 

 

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

 

* * * * * * * * * * *

 


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

SEPTEMBER 17, 2024

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

           

3.         CONSENT AGENDA (Pages 12 - 81)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 82 - 85) 

 

5.         REGULAR AGENDA (Pages 86 - 96)

 

6.         BOARD APPOINTMENTS (Page 97)

 

7.         STAFF COMMENTS (Page 98)

 

8.         BCC COMMENTS (Page 99)

 

9.         ADJOURNMENT (Page 100)

 

 

 

 

* * * * * * * * * * *

SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

A. ADMINISTRATION

Page 12

3A-1    Establishing Non-ad valorem Special Assessments; and a Third Amendment with the Health Care District of Palm Beach County for the provision of admin services with ACHA.

 

B. CLERK & COMPTROLLER

Page 13

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Unclaimed monies

 

C. ENGINEERING & PUBLIC WORKS

Page 14

3C-1   Change Order No. 1 with Johnson-Davis, Inc. for the Congress Avenue project for increase amount and time extension.

 

Page 15

3C-2   Change Order No. 10 with MJC Land Development for increase amount and time extension for the Lyons Road project.

 

Page 16

3C-3   CSA No. 11 with Masse Consulting Services, LLC for the Englewood Estates Drainage Improvements project.

3C-4   Agreements with FPL for various locations within Palm Beach County for street lighting.

 

Page 17

            3C-5   Several Adopt-A-Road Agreements.

            3C-6   Amendment No. 1 with A Cut Above Landscaping and Maintenance Inc. to extend the expiration date.

 

Page 18

            3C-7   MOU with Florida Department of Highway Safety and Motor Vehicles for redacted crash data.

            3C-8   Work Order 2024050-20

 

Page 19

            3C-9   Change Order No. 7 with Ranger Construction Industries, Inc. for the 6th Avenue South project for a contract time extension, and a Budget Transfer.

 

Page 20

            3C-10 Work Order 2024050-2 with M&M Asphalt Maintenance, Inc. to mill and resurface Muck City Road.

SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

C. ENGINEERING & PUBLIC WORKS

Page 21

            3C-11 Work Order 2024050-21 with M&M Asphalt Maintenance, Inc. to mill and resurface Gator Blvd., and Work Order 2024050-22 to mill and resurface Hatton Highway.

 

 

E. COMMUNITY SERVICES

Page 22 - 23

            3E-1    Standard Agreements to assist seniors and caregivers in various areas of service.

 

Page 24

3E-2    Amendments for Provision of Services with Palm Healthcare Foundation, Inc., Palm Beach County Substance Abuse Coalition, Inc. and Florida Atlantic University.

 

Page 25

3E-3    Amendment No. 1 with 211 Palm Beach/Treasure Coast, Inc. for the provision of Transportation Administration Services Pilot and General Helpline Services for low-income residents.

3E-4    Agreement with Hanley Center Foundation, Inc. to purchase necessary service-specific supplies and related items to their new program.

 

Page 26

3E-5    Contract with Palm Beach County Food Bank, Inc. to provide food distribution services to low-income residents.

3E-6    Agreement with Adopt A Family of the Palm Beaches, Inc. to provide emergency shelter in hotels and motels for families with children.

 

Page 27 - 28

3E-7    Agreement Amendments with several agencies to provide services for families with children in Palm Beach County.

 

Page 29

3E-8    Reappointment of two (2) members to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Act Council.

 

Page 30

            3E-9    Appointment of two (2) new members to the Community Action Advisory Board.

 

Page 31

3E-10 Reappointment of two (2) members to the Advisory Committee on Behavioral Health Substance Use and Co-Occurring Disorders.

 


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

E. COMMUNITY SERVICES

Page 32

3E-11 Appointment of new (1) new member to the Citizens Advisory Committee on Health and Human Services.

 

Page 33 - 34

            3E-12 Appointment of three (3) new members to the Homeless Advisory Board.

 

F. AIRPORTS

Page 35

3F-1    Change Order No. 5 with Alen Construction Group, Inc. for the Ground Power Unit Point of Use Replacement project at PBI to extend the project.

 

Page 36 - 37

3F-2    Amended and Restated Fixed Base Operator Lease Agreement with Jet Aviation Associates, Ltd. to provide services to support general aviation aircraft.

 

Page 37

            3F-3    ATM Agreement with Communitel, Inc. for PBI.

 

Page 38

            3F-4    First Amendment with Breeze Aviation Group, Inc. at PBI removing ticket counter office.

           

Page 38 - 39

3F-5    Federal Aviation Administration Grant for the Concourse B Expansion Phase 2A project, and an Amendment to Public Transportation Grant Agreement.

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 40

3H-1   Contract with Hi-Tech Roofing and Sheetmetal, Inc. for Water Utilities Southern Regional Operation Center Water Treatment Plant Roof Replacement.

 

Page 41

3H-2   Amendment No. 1 with LTG Sports Turf One LLC for the Furnish and Install Sports Field Synthetic Turf project.

 

Page 42

3H-3   Parking Lease Agreement with Mount Calvary Missionary Baptist Church of Riviera Beach, Inc. for parking spaces for Palm Tran employees during the repaving project at the Palm Tran North County Facility.


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

I. HOUSING AND ECONOMIC DEVELOPMENT

Page 43

            3I-1     Impact Fee Affordable Housing Assistance Program funding award and a Certificate of Award.

 

Page 44

3I-2     Amendment 001 with the Urban League of Palm Beach County, Inc. for revisions and to request Community Development Block Grant funds.

 

Page 45
            3I-3     Amendment 1 to the Loan Agreement with Harper Court Housing, LLC for acquisition,

rehabilitiation and conversion of an unoccupied motel to modify construction draw schedule dates.

3I-4     Request for Release of Funds for an environmental review on behalf of 211 Palm Beach/Treasure Coast, Inc. for the 211 New Headquarters Building project.

 

 

K. WATER UTILITIES

Page 46 - 47

3K-1    Contract with Amici Engineering Contracts LLC for septic to sewer project, and CSA with Chen Moore and Associates, Inc. for construction phase services.

 

Page 47

3K-2    Non-Standard Potable Water and Wastewater Development Agreement with Signature Flight Support LLC.

 

Page 48

3K-3    Amendment No. 1 with South Florida Water Management District to increase funding for the Palm Beach Broward Interconnect Phase IB South Reclaimed Water Transmission and System Extension project.

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 49

3L-1    CSA No. 19-03 with Aptim Envrionmental & Infrastructure, LLC to provide permitting and seagrass restoration and monitoring services.

 

Page 50

            3L-2    Change Order No. 2 to FDEP for the Lake Worth Lagoon Living Shorelines project.

 

Page 51

3L-3    Ratify the Mayor’s signature on a letter authorizing ERM to apply for a grant from the State of Florida’s new Trail-Go program to fund the cost of repairing of potholes and depressions.

 


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

M. PARKS & RECREATION

Page 52

            3M-1   Amendment to the Infrastructure Surtax Project Plan to support Parks Improvement projects.

 

Page 53

            3M-2   Budget Amendment and Budget Transfer related to the FIND WAP grant application.

 

Page 54

3M-3   Independent Contractor Agreement with Gabe G., LLC for pickleball instruction at various Palm Beach County Parks locations.

3M-4   Second Amendment with the Ski Club of Palm Beaches, Inc. for the cooperative maintenance, management and use of the water ski lakes at Okeeheelee Park.

 

Page 55

3M-5   Entertainment Contractor Agreement with Light F/X Pros, LLC for the annual Fourth of July Celebration fireworks display at Sunset Cove Amphitheater.

 

 

P. COOPERATIVE EXTENSION SERVICE

Page 55

3P-1    Agreement with Palm Beach Soil and Water Conservation District to provide soil and water resource conservation services for FY 2025.

 

R. HUMAN RESOURCES

Page 56

            3R-1   Adoption of Agreement with Bencor, Inc. for the final implementation of the 401(a) Plan.

 

S. FIRE RESCUE

Page 56

            3S-1    Budget Transfer for unforeseen increase in costs for construction of Fire Station 40.

 

Page 57

3S-2    Tri-party Interlocal Agreement with PBSO for Emergency Distribution of Strategic National Stockpile.


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

X. PUBLIC SAFETY

Page 57

3X-1    Interlocal Agreement with the School Board of Palm Beach County for the acceptance of grant funds under the Driver Education Safety Trust Fund.

 

Page 58

            3X-2    First Amendment with Byron V. Reid, DVM for Areas of Veterinary Medicine.

 

Page 59 - 60

3X-3    Reappointment of one (1) member and appointment of one (1) new member to the Consumer Affairs Hearing Board.

 

Page 60

3X-4    Amendment to the Mutual Aid Agreement with United Way of Palm Beach County, Inc. to coordinate the Volunteers and Donations Units, Emergency Support Function during times of disaster.

 

Page 61

            3X-5    UASI GY 2023 Award Letter.

 

Page 62

3X-6    State funded Grant Agreement for Emergency Management Preparedness and Assistance Grant.

 

Page 63

3X-7    Contract for Civil Drug Court with the City of Riviera Beach to provide support and substance use treatment services.

 

Page 64

            3X-8    Resolution to approve and adopt the 2024 Palm Beach County Local Mitigation Strategy plan.

 

Page 65

3X-9    Contract with 211 Palm Beach/Treasure Coast, Inc. for emergency crisis phone counseling services and LYFT, Inc. for concierge services.

 

Z. RISK MANAGEMENT

Page 66

            3Z-1    Purchase of airport liability insurance.

 

AA. PALM TRAN

Page 67

3AA-1 Resolution approving the submission of the FY 2025 Section 5311, Formula Grants for Rural Areas Program Grant application to partially offset operational costs for the Go Glades.


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

AA. PALM TRAN

Page 68

            3AA-2 Agreement with the School District of Palm Beach County to provide bus passes.

 

BB. YOUTH SERVICES

Page 68

3BB-1 Contract with Speak Up for Kids of Palm Beach County, Inc. for continued funding of two (2) full-time positions for the Guardian Ad Litem Office.

 

Page 69

3BB-2 Contract for Enhanced Mentoring Engagement with Children’s Services Council of Palm Beach County and United Way of Palm Beach County, Inc. for continued funding.

 

Page 70 - 72

3BB-3 Interlocal Funding Collaboration Agreement for Parenting and role Models and Education Supports with Children’s Services Council of Palm Beach County to provide funding.

 

Page 73

3BB-4 Second Amendment with The Children’s Home Society of Florida for Visitation Center services to add a requirement of a Visitation Center Metrics Log for better reporting.

 

CC. SHERIFF

Page 74 - 75

            3CC-1 Budget Transfer from the Law Enforcement Trust Fund for school resource officer, crime prevention, safe neighborhood, and other services.

 

Page 76

            3CC-2 Grant Award Letter from FDLE for Fentanyl Eradication in Florida Program.

 

DD. TOURIST DEVELOPMENT COUNCIL

Page 76

3DD-1 Category “G” Grant Agreement with Players International Management, Inc. for the promotion of USTA Boys 18’s and 16’s National Clay Court Championships.

 

EE. OFFICE OF RESILIENCE

Page 77

3EE-1 Amendment Two with Florida Department of Commerce Community Development Block

Grant-Mitigation Program replaces and updates terms of the agreement.


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

FF. OFFICE OF EQUAL BUSINESS OPPORTUNITY

Page 78 - 79

3FF-1 Reappointment of one (1) member and appointment of two (2) new members to the Equal Business Opportunity Advisory Committee.

 

GG. WATER RESOURCE

Page 80

            3GG-1 Reappointment of members to the Water Resource Task Force.

 

 

HH. WESTGATE/BELVEDERE COMMUNITY REDEVELOPMENT AGENCY

Page 81

            3HH-1  Reappointment of one (1) member to the Westgate/Belvedere CRA.

 

            3HH-2  Appointment of two (2) officers for the Westgate/Belvedere CRA for FY 2025.

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

 

A. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 82 - 83

            4A-1    Conduct a Tax Equity and Fiscal Responsibility Act.

 

B. PALM TRAN

Page 84

4B-1    Program of Projects Grant Application to provide capital and operating assistance for public transportation projects.

 

C. PLANNING, ZONING & BUILDING

Page 85

4C-1   Resolution approving Class A Conditional Use to allow Heavy Repair and Maintenance on property for applicants O’Connor Property Management, LLC and The Salvation Army.

 

 

REGULAR AGENDA

 

 

A. AIRPORTS

Page 86 - 87

5A-1    Term Contract with JSM Airport Services, LLC for maintenance of airport facilities.


SEPTEMBER 17, 2024

 

TABLE OF CONTENTS

 

 

REGULAR AGENDA

 

B. HOUSING & ECONOMIC DEVELOPMENT

Page 88

5B-1    Allocation of Community Development Block Grant funding to Mental Health America of the Palm Beaches, Inc. for improvements to its facility.

 

Page 89

5B-2    Allocation of Community Development Block Grant funding to The Path to College Foundation, Inc. for the Catapult Youth Mentoring Center.

 

Page 90

5B-3    Economic Development Agreement with The 1909 Foundation, Inc. to undertake the development of a comprehensive Scale-up Initiative for small businesses.

 

Page 91

            5B-4    SHIP Program FY 2024-2025 affordable housing strategies.

 

 

C. OFFICE OF RESILIENCE

Page 92

5C-1   Agreement with Community Greening Corp. to provide professional/consultation services in the area of urban forestry and engagement services to implement the Resilient Glades Tree Campaign.

 

D. FACILITIES DEVELOPMENT & OPERATIONS

Page 93 - 94

5D-1   Request for public hearing to amend The Palm Beach County Real Property Acquisition, Disposition and Leasing Ordinance.

 

Page 95

            5D-2   Request to negotiate the acquisition for purchase of land with hotel on Okeechobee Blvd.

 

E. WESTGATE/BELVEDERE COMMUNITY REDEVELOPMENT AGENCY

Page 95 96

            5E-1    FY 2025 Budget for Westgate/Belvedere Community Redevelopment Agency.

 


SEPTMBER 17, 2024

 

TABLE OF CONTENTS

 

 

 

BOARD APPOINTMENTS  (Page 97)

 

STAFF COMMENTS  (Page 98)

 

BCC COMMENTS (Page 99)

 

ADJOURNMENT (Page 100)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff seeks motion to:

 

A)  adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, establishing Non-ad valorem Special Assessments pursuant to the Palm Beach County Local Provider Participation Fund (LPPF) Ordinance for the purpose of benefitting assessed hospital properties through enhanced Medicaid payments for local services; and

 

B) approve a Third Amendment to an Interlocal Agreement entered into on September 14, 2021,  between the County and the Health Care District of Palm Beach County, (the District), for the provision of administrative services to coordinate with the Florida Agency for Health Care Administration (AHCA) the special assessment authorized by the LPPF Ordinance.

 

SUMMARY: on August 26, 2021, the BCC adopted Ordinance 2021-024, establishing the LPPF Ordinance.  The LPPF Ordinance required the thirteen private hospitals located in Palm Beach County, located in AHCA’s Region 9, to pay a uniform, non-ad valorem special assessment, set annually by resolution of the BCC. Funds collected through the LPPF assessment are sent by the District to AHCA through intergovernmental transfers, (IGTs), consistent with federal guidelines, as the non-federal share of increased Medicaid managed care payments facilitated under a hospital directed payment program (DPP), that was first approved for the State of Florida in 2021 and annually reapproved.  Through the DPP, AHCA uses the IGTs to draw additional federal Medicaid dollars, and transfers those additional dollars to Medicaid Managed Care Organizations (MCOs) in order to fund increased payments by MCOs to the local hospitals to provide services to Medicaid patients.  This year, the Assessment shall equal 2.24% of net patient revenue for each Assessed Property specified in the attached Non-Ad Valorem Assessment Roll.  Staff recommends adoption of the resolution of the BCC establishing Non-Ad Valorem special Assessments pursuant to the LPPF Ordinance. Staff also recommends approval of the Third Amendment to the Interlocal Agreement with the District, which exercises a third one-year renewal option so that the LPPF Assessments will continue to be coordinated and administered by the District.  Pursuant to the Resolution, the District is compensated in an amount not-to-exceed $300,000, per the administration fee provision of the LPPF Ordinance. No County funds are required. Countywide (HH)

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

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

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners’ meetings:

 

            Meeting Date                       Meeting Type

 

            June 18, 2024                       Workshop

            August 20, 2024                   Regular

            August 22, 2024                   Zoning

 

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 proof of publications: Unclaimed Monies advertised by the Clerk of the Circuit Court & Comptroller of Palm Beach County.  Summary: Pursuant to Section 116.21, Florida Statutes, the Clerk advertised certain unclaimed monies held which are subject to forfeiture to Palm Beach County. Florida Statutes 116.21 requires that the proof of publication “shall be filed and recorded in the minutes of the County Commission of such county.”


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: Change Order No. 1 in the amount of $206,315.08 and a time extension of 280 days to the contract dated August 23, 2022 (R2022-0793) (Contract) with Johnson-Davis, Inc. (JDI) for Congress Avenue over the Lake Worth Drainage District’s L-24 Canal (Project).  SUMMARY:  Per PPM CW-F-050, the total of this Change Order exceeds the allowed threshold of $100,000 and allowable time extensions relating to staff approvals of change orders to contracts and requires the Board of County Commissioners (BCC) approval. The original scope of this project includes retaining the existing bridge and installing an 84” casing for water conveyance to the L-24 Canal. The section of the canal under the bridge is to be backfilled up to the bottom of the bridge, and rip-rap lining is to be installed for future canal erosion protection.  In accordance with Contract Section 8-3.3, the notice to proceed was issued on April 17, 2023. However, pursuant to Contract Sections 8-6 and 8-7.3.2, and due to the Project's location and scope of work within a major storm drainage canal, the unprecedented rainfall observed in the months following the notice to proceed, and the hurricane season from June 1, 2023 through November 30, 2023, it was discussed and agreed by all stakeholders to temporarily suspend JDI’s operations. Approval of Change Order No. 1 will provide JDI with a 280-day time extension, postponing the construction start date to January 22, 2024. Change Order No. 1 will also compensate JDI $206,315.08, per Contract Section 4-3, for utilizing additional pumps during construction to bypass two (2) unforeseen 30-inch side drains under the bridge and connect them to the proposed 84-inch casing. The 30-inch side drains needed to remain in service to prevent flooding in adjacent areas. The Contract was approved on August 23, 2022, in the amount of $1,116,662.  The total Contract amount, including this Change Order, is $1,322,977.08. The Project was substantially completed on July 10, 2024; with the approval of this Change Order, the new revised completion date will be October 17, 2024. This Project was presented to the Goal Setting Committee on January 19, 2022, and the Committee established an Affirmative Procurement Initiative (API) of a 15% minimum mandatory Small Business Enterprise (SBE) participation.  The proposed SBE participation for Change Order No. 1 is 9.69%. To date, the overall SBE participation achieved is 27.2%.  District 2 (YBH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to approve:  Change Order (CO) No. 10 in the amount of $392,235 and a retroactive time extension of 538 days to the contract with MJC Land Development (MJC) dated September 1, 2020 (R2020-1251) (Contract) for Lyons Road from south of the Lake Worth Drainage District’s (LWDD) L-38 Canal to West Atlantic Avenue (Project).   Prior to this CO, the previous COs had adjusted the Contract completion date to February 19, 2023.  The time extension associated with this CO is retroactive and would bring the completion date to August 10, 2024; however, there are additional COs being negotiated which are expected to bring the completion date to a point still in the future.  SUMMARY: :  Per PPM CW-F-050, the total of this Change Order exceeds the allowed threshold of $100,000 and allowable time extensions relating to staff approvals for change orders to contracts and requires approval from the Board of County Commissioners (BCC). The original scope of this Project includes the widening of Lyons Road from south of the L-38 Canal to West Atlantic Avenue, drainage improvements, earthwork, installation of new curb and gutter, new sidewalk, construction of a new bridge, and a new signalized intersection at Atlantic Avenue.   Approval of Change Order CO No. 10 will reimburse MJC for work previously completed to provide providing a functional a connection to the existing pavement by expanding the physical southern limit of the Project. This adjustment ensured that the Project operated as intended under the original contract.  During construction, it was observed that the asphalt pavement south of the Project area was deteriorating and causing numerous maintenance issues, with the potential for safety hazards. Revised plans were implemented to incorporate these conditions that were the result of permitted work conducted by a private developer on Lyons Road, south of the Project, between the LWDD’s L-39 and L-38 Canals.  CO No. 10 seeks approval to additional pay items and quantities used to construct the final connection. This additional scope is authorized pursuant to Specification 4-3.6 of the Contract, which allows the Engineer to extend the construction limit if necessary to ensure proper connections to the existing pavement. Additionally, Change Order CO No. 10 will also retroactively extend adjust the contract time to account for delays in mast arm procurement due to Covid-19 induced supply chain challenges, as authorized per Specification 8-7.3.2 of the Contract. MJC has supplied documentation that they placed the order for the equipment in a timely manner. This delay was caused by factors beyond the control of both the manufacturer and MJC.  The mast arms were ordered on January 11, 2023, and delivered to the Project on February 26, 2024, resulting in a delay of 411 days. Further, between the notice to proceed on January 13, 2021, and January 1, 2024, there have been 57 days affected by inclement weather, during which work could not proceed, and 70 holidays.

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         SUMMARY (cont’d.): Time extensions are granted in accordance with Specification 8-6 for holidays, and per Specification 8-7.3.2 for weather-related delays.  Per PPM CW-F-050, the total of this CO exceeds the allowed threshold of $100,000 and allowable time extensions relating to staff approvals for CO’s to contracts and requires approval from the Board of County Commissioners (BCC). The Contract was approved on September 1, 2020, in the amount of $9,823,244.20.  The total Contract amount, including this CO and previous COs change orders, is $11,164,346.59.  There is still remaining work to be completed under this Contract that includes final paving and any punchlist items noted after substantial completion is achieved.  There will be additional COs to properly close out the Contract. This Project was presented to the Goal Setting Committee on March 4, 2020 and the Committee established an Affirmative Procurement Initiative (API) of a 20% minimum mandatory Small Business Enterprise (SBE) participation.  The proposed SBE participation for Change Order No. 10 is 0%.  To date, the overall SBE participation achieved is 18.49%. MJC expects to meet their SBE participation toward the end of the Project. District 5 (YBH)

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to approve:  Consultant Service Authorization No. 11 (CSA) to the Civil Engineering Annual Services Contract (R2022-0463) dated May 17, 2022 (Contract) with Masse Consulting Services, LLC (MCS) in the amount of $266,238.02 for the Englewood Estates Drainage Improvements (Project).  SUMMARY:  Approval of this CSA will provide the professional services necessary to design drainage improvement plans that add new drainage pipes, structures and outfalls to alleviate local flooding for the Englewood Estates community.  This Contract was presented to the Goal Setting Committee on June 16, 2021, and the Committee established Affirmative Procurement Initiatives (API) of a 20% minimum mandatory Small Business Enterprise (SBE) participation and a Minority Business Enterprise (MBE) evaluation preference for African American (AA) owned firms. MCS committed to 87% SBE participation and received 15 Evaluation Preference Points.  The proposed SBE participation for this CSA is 100%.  To date, the overall SBE participation achieved on this Contract is 91.3%.  MCS has an office located in Palm Beach County (County) and is a certified SBE company. This Project is included in the Five-Year Road Program. District 3 (YBH)

 

4.         Staff recommends motion to receive and file: eleven (11) fully executed lighting agreements with Florida Power & Light Company (FP&L) for various locations within Palm Beach County.  SUMMARY: In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. The agreements were executed by the County Engineer on March 22, 2022, June 7 and 11, 2024, and July 3 and 10, 2024, per Resolution R2020-0990. FP&L agreements are based on the type of street lighting fixture and/or pole being installed and/or removed. “Street Lighting Agreements” are utilized for installation and/or removal of High Pressure Sodium street lights and poles. “Premium Lighting Agreements” are utilized for the installation and/or removal of Light-emitting Diode (LED) street lights and poles submitted to FP&L prior to December 31, 2021. “Lighting Agreements” are utilized for the installation and/or removal of LED street lights and poles submitted to FP&L after December 31, 2021.The receiving and filing of one of these agreements beyond the PPM’s required 90 days was unintentional, and the Engineering and Public Works Department expects to be timely with regard to future items. Countywide (YBH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

5.         Staff recommends motion to receive and file:

 

A)  An Adopt-A-Road Agreement with Deborah Simmons, dated June 17, 2024;

 

B)  An Adopt-A-Road Agreement with Romano Law Group, P.A., dated June 25, 2024;

 

C)  An Adopt-A-Road Agreement with Romano Law Group, P.A., dated June 25, 2024;

 

D)  An Adopt-A-Road Agreement with Douglas I. Leifert, P.A., dated July 10, 2024; and

 

E)  An Adopt-A-Road Agreement with Douglas I. Leifert, P.A., dated July 10, 2024.

 

SUMMARY: In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. The Adopt-A-Road Program allows groups to perform litter removal along Palm Beach County (County) maintained road rights-of-way. Each group is expected to conduct litter removal activities at least four (4) times a year. The County provides recognition signs for each group at the beginning and end of the adopted road segment, and picks up the litter bags. Each group must pay a fee to offset the County’s costs to install the signs and remove the collected litter bags. The fee is waived for non-profit groups. Countywide (YBH)

 

6.         Staff recommends motion to approve: Amendment No. 1 to the Landscaping Continuing Services Construction Contract (R2023-0624), dated May 16, 2023 (Contract) with A Cut Above Landscape and Maintenance Inc. (ACA) to extend the expiration date from November 13, 2024 to May 15, 2026.  SUMMARY:  Approval of this amendment will extend the expiration date from November 13, 2024 to May 15, 2026. Section 3 of the Special Provisions in the Contract allows for the Contract to be amended, while adhering to all other original terms, conditions and unit prices, and ACA agrees. This Contract was presented to the Goal Setting Committee on October 5, 2022 and the Committee established an Affirmative Procurement Initiative (API) of 20% minimum mandatory Small Business Enterprise (SBE) participation. The proposed SBE participation for this Contract is 20%.  To date, the overall participation achieved on this Contract is 100% and tasks in the amount of $167,870 of ACA’s $2,000,000 Contract have been authorized. ACA has an office located in Palm Beach County and is a certified SBE company.  This allowable extension is not to exceed 36 months total contract time, as the Contract provides.  Countywide (YBH) 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

7.         Staff recommends motion to:

 

A)  adopt a Resolution approving a Memorandum of Understanding (MOU) between Palm Beach County (County) and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for redacted crash data (Data); and

 

B)  approve the MOU with the FLHSMV.

 

SUMMARY: Adoption of this Resolution and approval of the MOU will allow the County to receive redacted Data from the FLHSMV before it is available to the public. Currently the County does not receive the Data until 60 days after a vehicle crash report is filed.  This MOU allows the FLHSMV to provide the County with redacted Data upon request, before the 60 day period, to identify crash causes and trends, and implement traffic control enhancements that improve public safety. Countywide (YBH)

 

8.         Staff recommends motion to approve:

 

A) Work Order 2024050-20 in the amount of $444,000 to mill and resurface CR 880 for 2.5 miles west of the 20 Mile Bend utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2024-0746 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a All County Paving (M&M); and

 

B) Work Order 2024050-23 in the amount of $322,000 to mill and resurface Browns Farm Road for 2 miles southeast of CR 880 utilizing the County’s Contract with M&M.

 

SUMMARY: Per County PPM CW-F-050, these work orders exceed the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC).  Approval of these work orders will allow the contractual services necessary to mill and resurface 2.5 miles of CR 880’s two (2) lanes, and 2 miles of Browns Farm Road’s two (2) lanes. This Contract is one (1) of three (3) contracts with an available cumulative total of $70 million for the annual asphalt milling and resurfacing program. Prior to this meeting date, none of the $70 million M&M Contract that was approved on July 2, 2024, by the BCC, has been spent or encumbered. This Contract was presented to the Goal Setting Committee on December 16, 2023 and the Committee established an Affirmative Procurement Initiative (API) of a 10% minimum mandatory Small Business Enterprise (SBE) participation. The proposed SBE participation for these work orders is 0%. To date, the overall SBE participation achieved on this Contract is 0%.  These projects are funded by the infrastructure sales tax. District 6 (YBH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

9.         Staff recommends motion to approve:   

 

A) Change Order No. 7 in the amount of $583,559.89 and contract time extension of 91 days to the contract dated October 5, 2021 (R2021-1412) (Contract) with Ranger Construction Industries, Inc. (Ranger) for 6th Avenue South over Lake Osborne Drive (Project); and

 

B) a Budget Transfer of $583,560 in the Transportation Improvement Fund from Reserves - Road Program Sweeps and appropriate it to the Project.

 

SUMMARY:  Per PPM CW-F-050, the total of this Change Order exceeds the threshold of $100,000 and allowable time extensions relating to staff approvals of change orders to contracts and requires the Board of County Commissioners (BCC) approval. The original scope of this Project includes complete bridge demolition and reconstruction, signal replacement, drainage improvements, roadway reconstruction, resurfacing, and widening. Pursuant to Contract specification Sections 4-3, 5-12.2.2, and 8-7.3.2, approval of Change Order No. 7 will provide compensation to Ranger for additional time and costs incurred while maintaining the Project during delays from June 2, 2023 to September 5, 2023, and for mobilizing, installing, and removing temporary steel sheet pile walls.  Revised plans were developed and implemented by the Engineer of Record to address concerns related to the depth of the embedment and the close proximity of the existing City of Lake Worth Beach Utility transmission poles to the planned mechanically stabilized earth wall construction. Installation of the temporary walls was necessary to ensure the safety and integrity of the existing transmission poles during construction.  The Contract was approved on October 5, 2021, in the amount of $11,074,000.  Previous change orders totaling $1,437,036.43 plus this Change Order, bring the total change order amount to $2,020,596.32 for the Contract.  The total Contract amount, including this Change Order and previous change orders, is $13,094,596.32.  This Project was presented to the Goal Setting Committee on January 20, 2021, and the Committee established an Affirmative Procurement Initiative (API) of a 10% minimum mandatory Small Business Enterprise (SBE) participation.  The proposed SBE participation for Change Order No. 7 is 1.2%.  To date, overall SBE participation achieved on this Contract is 9.81%.  This Project is included in the Five-Year Road Program and the infrastructure sales tax.  Districts 2 & 3 (YBH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

10.       Staff recommends motion to approve: Work Order 2024050-2 in the amount of $910,000 to mill and resurface Muck City Road from State Road 700 to North State Market Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2024-0746 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a All County Paving (M&M). SUMMARY: Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC).  Approval of this work order will allow the contractual services necessary to mill and resurface five (5) miles of Muck City Road’s two (2) lanes. This Contract is one (1) of three (3) contracts with an available cumulative total of $70 million for the annual asphalt milling and resurfacing program. This is the first work order issued under the $70 million M&M Contract that was approved on July 2, 2024, by the BCC. This Contract was presented to the Goal Setting Committee on December 16, 2023 and the Committee established an Affirmative Procurement Initiative (API) of a 10% minimum mandatory Small Business Enterprise (SBE) participation. The proposed SBE participation for this work order is 0%. To date, the overall SBE participation achieved on this Contract is 0%.  This project is funded by the infrastructure sales tax. District 6 (YBH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

11.       Staff recommends motion to approve:

 

A) Work Order 2024050-21 in the amount of $310,000 to mill and resurface Gator Boulevard for one mile west of Duda Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2024-0746 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a All County Paving (M&M); and

 

B) Work Order 2024050-22 in the amount of $585,000 to mill and resurface Hatton Highway for 2.2 miles south of the C-2 Canal utilizing the County’s Contract with M&M.

 

SUMMARY: Per County PPM CW-F-050, these work orders exceed the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC).  Approval of these work orders will allow the contractual services necessary to mill and resurface 1 mile of Gator Boulevard’s two (2) lanes, and 2.2 miles of Hatton Highway’s two (2) lanes. This Contract is one (1) of three (3) contracts with an available cumulative total of $70 million for the annual asphalt milling and resurfacing program. Prior to this meeting date, none of the $70 million M&M Contract that was approved on July 2, 2024, by the BCC, has been spent or encumbered. This Contract was presented to the Goal Setting Committee on December 16, 2023 and the Committee established an Affirmative Procurement Initiative (API) of a 10% minimum mandatory Small Business Enterprise (SBE) participation. The proposed SBE participation for these work orders is 0%. To date, the overall SBE participation achieved on this Contract is 0%.  District 6 (YBH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on Retroactive Standard Agreement No. IC024-9500 for Community Care for the Elderly (CCE) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period retroactive to July 1, 2024 through June 30, 2025, in an amount not-to-exceed $3,491,770, to assist seniors and caregivers by providing in-home services to help seniors live independently;

 

B) ratify the signature of the Mayor on Retroactive Standard Agreement No. IH024-9500 for Home Care for the Elderly (HCE) with AAA, for the period retroactive to July 1, 2024 through June 30, 2025, in an amount not-to-exceed $387,863, to assist seniors and their caregivers with a provision of care in a family-type living arrangement as an alternative to institutional care;

 

C) ratify the signature of the Mayor on Retroactive Standard Agreement No. IZ024-9500 for Alzheimer’s Disease Initiative (ADI) with AAA, for the period retroactive to July 1, 2024 through June 30, 2025, in an amount not-to-exceed $2,540,010, to assist seniors afflicted with Alzheimer’s disease and other forms of dementia, as well as their caregivers, with services to help seniors reside independently in their own homes;

 

D) ratify the signature of the Mayor on Retroactive 2024 Emergency Home Energy Assistance for the Elderly Program (EHEAEP) Intake Center Referral Agreement No. IP024-9500 with AAA, for the period July 1, 2024 through June 30, 2025, in an amount not-to-exceed $20,800, to meet the energy needs of seniors;

 

E) ratify the signature of the Mayor on Retroactive Amendment 003 to Standard Agreement No. IC23- 9500 (R2023-1277) for CCE with the AAA for the period of July 1, 2023 through June 30, 2024 to increase award by $200,000 for an amount not-to-exceed $3,328,970;

 

F)  approve modification to Standard Agreement No. IH23-9500 (R2023-1850) for HCE with the AAA for the period of July 1, 2023 through June 30, 2024 to increase award by $92,195 for an amount not-to-exceed $280,059; and

 

G)  approve An upward Budget Amendment of $5,353,381 in the Division of Senior and Veteran Services (DSVS) Administration Fund to align the budget to the actual grant award.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

1.         Summary: To meet the needs of older adults and family caregivers, DSVS receives grant dollars from the AAA. DSVS has been receiving these grants since 2003. Under the CCE agreement, Catalog of State Financial Assistance (CSFA) 65.010, seniors and caregivers are assisted with in-home services such as personal care, homemaker, and respite care, which help seniors live independently.  CCE services are funded in GY 2024 with $3,491,770 in state funds, $75,371 in program income funds, $387,974 in 10% required match, and $1,080,676 in additional County funds. In GY 2023, CCE award was $3,128,970 and served 194 clients, provided 2,027 hours of case management and 123,912 hours of in-home services. It is proposed that 200 seniors will be served in GY 2024. Under the HCE agreement (CSFA 65.001), seniors and caregivers are assisted with care in a family-type living arrangement as an alternative to institutional care. In GY 2024, HCE services are funded with $387,863 in state funds and $233,546 in County funds. In GY 2023, HCE award was $280,059 and served 79 clients, provided 730 hours of case management and 8,800 hours of in-home services. It is proposed that 85 seniors will be served in GY 2024. Under the ADI agreement (CSFA 65.004), seniors are provided with case management, in-home and facility based respite. In GY 2024, ADI program services are funded with $2,540,010 in state funds, $53,650 in program income funds and $388,343 in County funds. In GY 2023, ADI award was $2,415,100 and served 110 clients, provided 1,175 hours of case management and 73,666 hours of in-home services. It is proposed that 110 seniors will be served in GY 2024. Under EHEAP (CFDA 93.568), eligible seniors experiencing a home energy emergency may receive crisis assistance benefits not to exceed $500 per quarter. EHEAP program services are funded in GY 2024 with $20,800 in federal funds and $148,949 in County funds. In GY 2023, EHEAP award was $64,614 and served 315 seniors via 572 applications. It is proposed to serve 700 applications in GY 2024. The budget amendment is necessary to align the County budget with the actual grant awards. The emergency signature process was used because there was not sufficient time to submit to the Board of County Commissioners (BCC) for approval. County matching funds of $410,196 (10%) are required under CCE CSFA 65.010 and are already included in the budget. No additional County match is required. DSVS is responsible for providing services north of Hypoluxo Road, covering all districts except Districts 2, 4, 5, and 7 south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road, except for portions of District 2, 4, 5, and 7. Countywide except for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)

 

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

­­

2.         Staff recommends motion to approve:

 

A) Amendment No. 2 to Contract for Provision of Services with Palm Healthcare Foundation, Inc. (PHF) (R2022-0233), to extend the end date from September 30, 2024 to September 30, 2025, to amend, revise, and replace portions of the contract for the provision of recovery support services to individuals, families, and others directly impacted by opioid and substance use disorder, and to increase the funding amount by $125,000 for FY 2025 for a new not-to-exceed amount of $525,000;

 

B) Amendment No. 3 to Contract for Provision of Services with Palm Beach County Substance Abuse Coalition, Inc. dba Palm Beach County Behavioral Health Coalition (PBCBHC) and The Recovery Community Hub of Palm Beach County (HUB) (R2021-1591), to extend the end date from September 30, 2024 to September 30, 2025, for the provision of recovery support services to individuals, families, and others directly impacted by opioid and substance use disorder, and to increase the funding amount by $1,250,000 for FY 2025 for a new not-to-exceed amount of $4,300,000; and 

 

C)  Amendment No. 1 to Interlocal Agreement for Provision of Services with Florida Atlantic University (FAU) clinical research team of the Sandler School of Social Work and College of Medicine (R2023-1068), to extend the end date from September 30, 2024 to September 30, 2026, for the provision of process and outcome evaluation research services to Palm Beach County residents with substance use disorders, and to increase the funding amount by $175,000 for FY 2025 and FY 2026, for a new not-to-exceed amount of $481,675.

 

Summary:  The amendments are needed to continue the Opioid Response Initiative services and research activities currently in place.  Amendment No. 2 with PHF is necessary in order to implement the Health and Wellness Initiative to develop and/or enhance programs that will educate, train and engage community members about mental health, opioid misuse, co-occurring and other substance use disorders and recovery from such disorders.   Amendment No. 3 with PBCBHC and HUB is to provide recovery support services with PBCBHC serving as fiscal agent to the HUB and its network of community-based Recovery Community Organizations (RCO) and allied Recovery Community Centers (RCC).  Amendment No. 1 with FAU is necessary in order to evaluate, research, and measure recovery and resilience in individuals in recovery, develop effective tools for measuring recovery and resilience in the adolescent population, and inform the County on the effectiveness of RCO and RCC.  Funded organizations are monitored by the Community Services Department to maintain programmatic and fiscal accountability. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

3.         Staff recommends motion to approve: Amendment No. 1 to Contract for Provision of Services (R2023-1678) with 211 Palm Beach/Treasure Coast, Inc. (211), for the period October 1, 2023 through September 30, 2025 for the provision of Transportation Administration Services (TAS) Pilot and General Helpline Services program for low-income residents of Palm Beach County, to extend the end date and increase the amount by $298,500 for FY 2025, resulting in a new not-to-exceed amount of $597,000. Summary: This amendment is necessary to continue the TAS Pilot and General Helpline Services program currently in place. The amendment will allow 211 to continue providing TAS, by helping clients reach their employment, medical, community, and social services appointments on time with minimal disruption to their personal schedules, and to offer General Helpline services to provide support and assistance. TAS will provide on-demand transportation assistance and general helpline, emergency intervention, and disaster relief/recovery services to approximately 2,000 riders and persons seeking referral services. Countywide (HH)

 

4.         Staff recommends motion to approve: Retroactive Agreement with Hanley Center Foundation, Inc. (HCF), for Provision of Financial Assistance, for the period August 1, 2024 through September 30th, 2024, in an amount not-to-exceed $100,000 to purchase necessary service-specific supplies and related items for their new program, Casa Flores, Investing for Healthy Children: A Full Continuum of Care for Mom and Baby Initiative Casa Flores.  Summary: This Agreement will address the significant public health issue of substance use disorder during pregnancy by providing access to comprehensive treatment and support for pregnant women and their children who do not have access to care. Pregnant mothers will reside at Casa Flores and will have access to medical, psychological, and clinical services for their substance use disorder. St. Mary’s Medical Center, a key partner with highly rated Obstetrics and Neonatal Intensive Care Units, is located adjacent to the Hanley campus. Post-partum mothers will continue to reside with their babies, enhancing their parenting knowledge and continuing with treatment. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

5.         Staff recommends motion to approve: A Retroactive Contract for Provision of Services with Palm Beach County Food Bank, Inc. (PBCFB), for the period of September 1, 2024 through December 31,2024, in an amount not-to-exceed $310,067 to provide food distribution services to the low-income residents of Palm Beach County (PBC).  Summary: The PBCFB has the space and resources to provide food pantry services for the low-income residents of PBC. Funding is provided by the Community Development Block Grant - Coronavirus Aid, Relief and Economic Security (CDBG-CV) Act. To help end hunger needs in PBC, PBCFB distributes the majority of food to approximately 200 partners. In 2024, PBCFB and its partner agencies have been able to assist with distributing 15,390,440 pounds of food (estimated 13.4 million meals) as of June 30, 2024. PBCFB is experiencing an increased demand for food assistance due to inflation. PBC families and caregivers continue to turn to food banks for food donations and food sources to bridge the gap to reduce food insecurity. Funding will be used to assist with the purchase of non-perishable food items and perishable items when ordered in advance to meet the distribution needs of our community partner agencies to provide hunger relief to eligible low-income individuals and families who are PBC residents. No County match is required. Countywide (HH)

 

6.         Staff recommends motion to approve:  a retroactive subrecipient agreement in Emergency Solutions Grant (ESG) funding with Adopt A Family of the Palm Beaches, Inc. (AAF) to provide emergency shelter in hotels and motels for families with children, for the period of July 1, 2024 through October 30, 2024, in an amount not to exceed $45,299.  Summary: AAF will provide emergency shelter for eight (8) unduplicated families with children experiencing homelessness in Palm Beach County (PBC). Families will be sheltered in hotels and motels in PBC and receive case management, budgeting, applying for mainstream benefits, referrals for community-based services, and assistance in transitioning to permanent housing.  These federal ESG funds require a matching contribution, which AAF will provide.  There is no County match required. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

7.         Staff recommends motion to approve: Subrecipient Agreement Amendments with the below-listed agencies for the period October 1, 2023 through September 30, 2025, to exercise renewal option and increase funding by $508,238 in Emergency Solutions Grant (ESG) 2024-2025 funds:

 

A)  Amendment No. 1 with Adopt A Family of the Palm Beaches, Inc. (AAF) (R2024-0030) for the provision of rapid rehousing services to families with children experiencing homelessness, to increase funding by $192,957 for a new total amount not to exceed $374,084;

 

B)  Amendment No. 1 with Aid to Victims of Domestic Abuse, Inc. (AVDA) (R2024-0031) for the provision of emergency shelter to individuals and families with children fleeing domestic violence, to increase funding by $159,190  for a new total amount not to exceed $309,190; 

 

C) Amendment No. 1 with The Salvation Army (R2024-0292) for the provision of emergency shelter to families with children experiencing homelessness, to increase funding with The Salvation Army by $72,359 for a new total amount not to exceed $142,359; and

 

D)  Amendment No. 1 with YWCA of Palm Beach County, Inc. (YWCA)  (R2024-0033) for the provision of emergency shelter to individuals and families with children fleeing domestic violence, to increase funding by $83,732 for a new total amount not to exceed $109,577.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

7.         Summary:  On July 2, 2024, the Board of County Commissioners (BCC) approved the Palm Beach County Action Plan for Fiscal Year 2024-2025, which allocated $482,393 in ESG Program funds for nonprofit agencies to assist people experiencing homelessness, or who are at risk of homelessness, including those fleeing domestic violence.  These agreements fund homeless services, including the operation and maintenance of emergency shelters and financial assistance to rapidly rehouse families.  Activities include case management, rental and utility assistance, food, maintenance, security equipment, insurance, and supplies for emergency shelters.  On January 23, 2024, Palm Beach County entered into subrecipient agreements with the above agencies to provide homeless services.  The amendment for YWCA also increases their FY 2024 award by $25,845. In FY 2025, AAF will provide rapid rehousing to 20 families and expects to expend all of the funds received.  Under this amendment, AAF will serve 20 families in its rapid rehousing program.  In FY 2025, AVDA expects to provide emergency shelter to 70 households (individuals and families) who are fleeing domestic violence and to expend all funds received.  Under this amendment, AVDA will again provide emergency shelter to 70 households.  In FY 2025, the Salvation Army will provide emergency shelter to eight (8) families with children. They expect to meet that number and to expend all of the ESG funds received.  Under this amendment, the Salvation Army will provide emergency shelter to eight (8) families with children.  In FY 2025, YWCA will provide emergency shelter to 120 households comprised of individuals and families fleeing domestic violence. They expect to expend 100% of the ESG funds received. Under this amendment, YWCA will provide emergency shelter to 190 individuals and family households who are fleeing domestic violence. These federal ESG funds require a matching contribution, which will be provided by the agencies receiving funding.  There is no County match required. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

8.         Staff recommends motion to approve: the reappointment of two (2) members to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Act Council (HIVCC), for the term October 18th, 2024 to October 17th, 2027:

 

Seat No                     Reappointment                               Recommended By         

10                                Ashnika Ali                                        HIV CARE Council

17                                Hector Bernardino                           HIV CARE Council

                                                

Summary: HIVCC shall establish priorities for the allocation of Ryan White (RW) HIV/AIDS Program funds within Palm Beach County; and develop a comprehensive plan for the organization and delivery of health services described in 42 U.S.C. § 300ff, et seq., that is compatible with any existing state or local plan regarding the provision of health services to individuals with HIV disease. The U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) requires Palm Beach County to maintain a planning council tasked with establishing priorities and allocations for the RW grant funding. The HIVCC is that Council. Federal law requires that the planning council composition reflect the demographics of the population of individuals with HIV/AIDS in the eligible area, and at least 33% of planning council members be consumers of RW services who are unaffiliated with subrecipient service providers. The law further requires that members of the planning council represent designated categories including: health care providers; social service providers; community-based organizations; local public health agencies; non-elected community leaders; and grantees of Federal HIV programs. Per Resolution No. 2011-1560, the total membership for the HIVCC shall be no more than 33 at-large members. The HIVCC recommends the reappointment of Ms. Ashnika Ali and Mr. Hector Bernardino. Ms. Ashnika Ali is employed by Treasure Coast Health Council, Inc., and Mr. Bernardino is employed with Midway Specialty Care Center. Both agencies contract with Palm Beach County for services; however, HIVCC provides no regulation, oversight, management, or policy setting recommendations regarding the contracts or transactions with the Treasure Coast Health Council, Inc. or Midway Specialty Care Center. Disclosure of this contractual relationship at a duly noticed public meeting is provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics. The diversity count for the 24 seats that are currently filled is African-American: nine (9) (38%), Caucasian: eight (8) (33%), Hispanic-American: five (5) (21%) and Asian-American: two (2) (8%). The gender ratio (male: female) is 10:14. Ms. Ali is Asian-American and Mr. Bernardino is Hispanic. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

9.         Staff recommends motion to approve: the appointment of two (2) new members, representatives of the low-income sector, to the Community Action Advisory Board (CAAB), for the term October 1, 2024 to September 30, 2027:

 

Seat No.

Appointment

Nominated By

13                15

Cynthia Ridley

Christina Reid

Democratic Election in Delray Beach Democratic Election in Riviera Beach

 

Summary: The Community Services Block Grant (CSBG) agreement requires the establishment of a CAAB that participates in the planning, implementation, and evaluation of CSBG programs to serve low-income communities.  Community Action Agencies (CAA) were created in the Economic Opportunity Act of 1964 on the premise that local citizens were the most knowledgeable and best equipped to address problems of poverty in their communities. Per Resolution No. R2018-0372, adopted on April 10, 2018, amending Resolution R2014-0588, the CAA is governed by a board of up to 15 directors consisting of at least one-third low-income community members, one-third public officials, and up to one-third private sector leaders. The low-income representatives are selected by a democratic process within select targeted neighborhoods. The Florida Department of Commerce (FDOC) is the primary conduit to receive and disperse CSBG funds to the local agency. These funds are allocated to provide services, assistance, and other activities of sufficient scope and size to low-income individuals and families throughout Palm Beach County. This gives the promise of progress towards the elimination of poverty and causes of poverty through developing employment opportunities, improving human performance, motivation, and productivity, and bettering the conditions under which people live, learn, and work.  Ms. Ridley and Ms. Reid meet all applicable guidelines and requirements outlined in the resolution. The diversity count for the 14 seats that are currently filled is African-American:  9 (64%); Caucasian: 4 (29%); and Hispanic-American: 1 (7%). The gender ratio (female: male) is 9:5. Ms. Ridley and Ms. Reid are both African-American. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

10.       Staff recommends motion to approve: the re-appointment of two (2) members to the Advisory Committee on Behavioral Health, Substance Use and Co-Occurring Disorders (BHSUCOD), for the term September 17, 2024 to September 16, 2027:

Seat No.

Reappointment

Nominated By

13            

 

 

William Freeman 

 

Mayor Maria Sachs            

Vice Mayor Maria Marino Commissioner Mack Bernard Commissioner Gregg Weiss

Commissioner Marci Woodward

 

17

Rae Whitely

Mayor Maria Sachs            

Vice Mayor Maria Marino Commissioner Mack Bernard Commissioner Gregg Weiss

Commissioner Marci Woodward

 

 

 

 

 

 

 

 

 

 

Summary: On November 1, 2022, the Board of County Commissioners (BCC) established the BHSUCOD per Resolution No. R-2022-1340. The total membership for the BHSUCOD is nine (9) at-large members, three (3) of which must be persons with lived experience (PLE), and nine (9) ex-officio members, with knowledge, competence, and experience relative to behavioral health and substance use disorder, who represent the organizations, agencies, institutions, and municipalities whose mission is to resolve substance use and behavioral disorders. The BCC approved a BHSUCOD Inaugural Membership of nine (9) individuals as At-Large Members who served as members of the Opioid Response Plan Steering Committee at the time Resolution No. R2022-1340 was approved. A memo was sent to the BCC on August 15, 2024, requesting nominations. Mr. Freeman is CEO and founder of People of Purpose, which helps returning citizens build lives of purpose through peer mentorship, pro-social activities, and addressing needs. This agency does not contract with the County for services.  Pastor Rae Whitely is Regional Organizer for Faith in Florida. This agency does not contract with the County for services. The diversity count for the 15 seats that are currently filled (regular and ex-officio members) is African-American: 4 (27%) Caucasian: 11 (73%). The gender ratio (female: male) is 5:10. Both Mr. Freeman and Pastor Whitely are African-American. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

11.       Staff recommends motion to approve: One (1) appointment to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), for the term September 17, 2024 to September 30, 2026:

 

Seat No.

Appointment 

Seat Requirement

Nominated By

      6

Dr. Belma Andric

A Component of the Health and Human   Services System of  Care

Mayor Maria Sachs                     

Vice Mayor Maria Marino            Commissioner Michael Barnett  Commissioner Mack Bernard Commissioner Gregg Weiss Commissioner Marci Woodward

 

 

Summary: The CAC/HHS shall provide recommendations to sustain core services within the Systems of Care by defining basic needs; surveying emergent/urgent needs; prioritizing resources to address the needs; and making funding recommendations to the Board of County Commissioners (BCC) to fill critical service gaps. The CAC/HHS consists of six (6) at-large members and five (5) designated members with at least one (1) member being a resident west of the 20 Mile Bend, at least one (1) member being a representative of the Palm Beach County League of Cities, at least one (1) member who is a representative of the Florida Department of Health in Palm Beach County, at least one (1) member who is a representative of Birth to 22, and at least one (1) member with lived experience in the HHS System of Care,  per Resolution R2024- 0917. The Resolution requires that the Executive Committee of the CAC/HHS solicit and recommend member nominations for transmittal to the BCC. The BCC was notified by memo dated July 25, 2024 requesting nominations for appointments. The CAC/HHS received the appointment application for Dr. Belma Andric and determined that this candidate would be beneficial to the board. Dr. Andric meets all applicable guidelines and requirements outlined in the resolution. The diversity count for the nine (9) seats that are currently filled is: Caucasian: 4 (45%), African-American: 3 (33%), Asian-American: 1 (11%), and both African-American and Caucasian: 1 (11%). The gender ratio (female: male) is 8:1. Dr. Andric identifies as a Caucasian female. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

12.       Staff recommends motion to approve: the appointment of three (3) new members to the Homeless Advisory Board (HAB):

 

Seat No.

Appointment

Seat Requirement

Recommended By

Term

    5

Shalonda Warren

League of Cities Rep

League of Cities

09/17/2024 - 09/30/26

Seat No.

Appointment

Seat Requirement

Recommended By

Term

    2

Cpt. Rodney Thomas

PBC Law Enforcement Official

Law Enforcement

10/01/2024 - 09/30/27

    14

Alicia Reno

Southeast Behavioral Health Network, Inc.

Community Services Department

10/01/2024 - 09/30/27

 

Summary: The HAB fosters and promotes cooperation among governmental agencies, community-based agencies, non-profit organizations, and business interests. The HAB works closely with the County to determine roadblocks affecting program implementation and recommend corrective measures to the BCC. The U.S. Department of Housing and Urban Development (HUD) recommends that recipients of Continuum of Care (CoC) funds comply with the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), and with 24 CFR Part 578. The CoC provides funds for the operation and maintenance of Safe Havens, transitional housing, and permanent supportive housing.  On May 1, 2007, the Board of County Commissioners (BCC) established the Homeless Advisory Board (HAB). Per Resolution No. R2016-0038, the total membership for the HAB shall be no more than 14 at-large members, comprised of members representing government, business providers, law enforcement, advocates, education, faith-based and the formerly homeless. The HAB recommends the appointment of Commissioner Warren, Captain Rodney Thomas, and Ms. Alicia Reno. Commissioner Warren is a West Palm Beach City Commissioner. Captain Thomas is employed by PBSO and is the District Commander of Mangonia Park. Ms. Reno will complete the term of Linda Kane, who resigned from the HAB.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

12.       SUMMARY (cont’d.): Ms. Reno is employed by Southeast Florida Behavioral Health Network, Inc. (SEFBHN) as the Director of Program Innovation and SEFBHN has contracts with Palm Beach County for services; however, the HAB provides no regulation, oversight, management, or policy setting recommendations regarding the contracts or transactions with SEFBHN. Disclosure of this contractual relationship at a duly noticed public meeting will be provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics.  The diversity count for the 10 seats that are currently filled is African-American: 4 (40%), Caucasian: 3 (30%), Native-American: 1 (10%) and Hispanic-American: 2 (20%). The gender ratio (female: male) is 7:3. Commissioner Warren is African-American, Captain Thomas is African-American, and Ms. Reno is Caucasian. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:

 

A)  Change Order No. 5 to the Contract (R2022-0226) with Alen Construction Group, Inc., (Alen) for the 400 Hz Ground Power Unit (GPU) Point of Use (POU) Replacement Project (Project) at the Palm Beach International Airport (PBI) in the amount of $89,166.44, extending the project duration by four (4) calendar days; and

 

B)  A Budget Transfer of $89,167 in the Airports Improvement and Development Fund.

 

Summary:  The Contract provides for the replacement of the existing 400Hz system that supplies power to the aircraft gates at PBI. The Contract was approved on March 8, 2022, in the amount of $6,900,000 with a project duration of 430 calendar days.  Change Order No. 1 through Change Order No. 4 increased the contract amount by $290,606.04, extended the project duration by 531 calendar days, and provided for various changes, including, but not limited to, provision of temporary power due to equipment delays, modifications to the doors on an electrical vault, and the relocation of conduits/electrical panels. A detailed contract history is included in Attachment 1.  Approval of Change Order No. 5 increases the contract amount by $89,166.44 for a total cumulative contract amount of $7,279,772.48 and extends the project duration by four (4) calendar days for a total project duration of 965 days.  Change Order No. 5 is needed to address site conditions not represented in the original set of construction documents. The existing electrical switchboard that provides power to the existing 400Hz converters on Concourse B needs to be removed to accommodate a new switchboard that is being replaced under a separate contract with Turner Construction Company (R2021-1881) for Switchgear Replacement at PBI (Switchgear Project). To avoid further delays to the Switchgear Project, the existing switchboard needs to be removed by Alen before the new 400Hz system is placed in service, which requires temporary power to be installed to provide power to the 400Hz system until the new switchgear is operational. In addition, the existing fire-suppression piping in the switchgear room needs to be relocated to accommodate the new equipment.  This Project was presented to the Goal Setting Committee on September 1, 2021, and the Committee established an Affirmative Procurement Initiative (API) of Small Business Enterprise (SBE) Price Preference for the Project.  SBE participation for Change Order No. 5 is 10.03%. To date, the overall participation achieved on this Project is 35.5%.  Countywide (AH)

 

 

 

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

        2.         Staff recommends motion to:  

 

A) approve Amended and Restated Fixed Base Operator Lease Agreement (Amended Lease) with Jet Aviation Associates, Ltd., a Florida limited partnership (Jet), amending the Fixed Base Operator Lease Agreement (R99-2239, as amended) (Original Lease) with Jet, commencing on November 1, 2024, and expiring on October 31, 2029, with two (2) additional five (5) year renewal options; providing for rehabilitation of aircraft parking apron by Jet with a minimum capital investment of $2,000,000; and providing for payment of initial annual rental in the amount of $3,310,670.70; and

 

B) authorize the County Administrator or designee, who in this case will be the Department of Airports Director (Airport Director), to execute, on behalf of County, estoppel certificates or consent and non-disturbance and attornment agreements meeting criteria set forth in the Amended Lease, subject to prior review of the County Attorney’s Office.

 

Summary: The Original Lease provided for the lease of approximately 1,179,360 square feet of ground and terminal and hangar facilities at Palm Beach International Airport (PBI) to Jet for the development of a fixed base operator (FBO) facility, providing services to support general aviation aircraft, including the sale of fuel, provision of aircraft parking, and sublease hangar and office space, for payment of rental in the amount of $1,675,125, plus aircraft parking apron and fuel flowage fees.  The Amended Lease provides for the extension of Jet’s leasehold interest for five additional years, commencing on November 1, 2024, and expiring October 31, 2029, with two (2) additional five (5) year renewal options.  The Amended Lease provides the County the option to terminate for convenience during either renewal option upon 12 months’ prior notice in the event the County requires the property for the extension Runway 10R/28L.  Under the Original Lease, Jet paid an aircraft apron fee equal to $0.13 per gallon of aircraft fuel sold in lieu of ground rental. The aircraft apron fee is being phased out and has been replaced by per square foot ground rental in newer FBO agreements to ensure the rate remains consistent with fair market value. Ownership of additional hangar facilities has reverted to the County and a vehicular service road has been relocated, resulting in additional ground and improvement rental. The Amended Lease provides for the lease of approximately 1,215,033 square feet of ground and terminal and hangar facilities for a total initial annual rental of $3,310,670.70. 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

2.         SUMMARY (cont’d.): Rental is subject to adjustment on October 1, 2025, and every three (3) years thereafter, based on appraisal subject to a cap based on the consumer price index.  On October 1, 2034, and every nine (9) years thereafter, rental will be adjusted based solely on the appraised value.  Jet will continue to pay fuel flowage fees, currently at a rate of $0.05 per gallon of aviation fuel sold, and to collect and remit general aviation landing fees.  The Amended Lease requires Jet to make a minimum capital investment of $2,000,000 to rehabilitate the aircraft parking apron no later than June 1, 2025.  The Amended Lease provides for the County’s delivery of estoppel certificates or consent and non-disturbance and attornment agreements meeting criteria set forth in the Amended Lease if required for financing purposes.  This item provides for delegation of authority to allow the County Administrator or designee to sign these documents on behalf of the County to ensure timely processing, subject to prior review by the County Attorney’s Office.  For purposes of this delegation, the Airport Director will be considered a designee.  Countywide (HJF)

 

3.         Staff recommends motion to approve:  an Automated Teller Machine Concession Agreement (Agreement) with Communitel, Inc. (Communitel), commencing October 1, 2024, for an initial term of three (3) years with the option to renew for one (1) additional term of two (2) years for the installation, operation and maintenance of automated teller machines (ATM) and a cash-to-card kiosk at the Palm Beach International Airport (PBI), for payment of a concession fee equal to 23% of ATM transaction fees. Summary: The Agreement provides for the installation, operation, and maintenance of five (5) ATMs and one (1) cash-to-card kiosk at PBI. Communitel will pay concession fees equal to 23% of ATM transaction fees. The airlines no longer accept cash from customers to pay airline fees. The cash-to-card kiosk is being provided by Communitel as a customer convenience to allow cash to be loaded on a pre-paid card to enable passengers without a credit card to pay for checked bag fees, seat upgrades and other airline fees; therefore, no concession fees are payable for this service.  An Airport Concession Disadvantaged Business Enterprise (ACDBE) goal of 10% was established for this Agreement. Communitel is an ACDBE-certified firm located in Miami, Florida, and has agreed to 100% ACDBE participation for this Agreement.  Countywide (AH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

4.         Staff recommends motion to receive and file:  First Amendment (Amendment) to Non-Signatory Airline Agreement with Breeze Aviation Group, Inc., d/b/a Breeze Airways (Breeze) (R2022-0303) (Agreement) at the Palm Beach International Airport (PBI), removing a ticket counter office, consisting of 192 square feet of space, from the Agreement effective February 6, 2024, resulting in a reduction of rental in the amount of $9,227.03.  Summary:  The Agreement permits Breeze to operate at PBI.  Breeze no longer requires  ticket counter office space and requested to return the space. This Amendment provides for the removal of 192 square feet of airline ticket counter office space.  Resolution 2019-1156 authorizes the County Administrator or designee, the Director of the Department of Airports, to execute amendments to Non-Signatory Airline Agreements to decrease an airline’s premises.    Countywide (AH)

 

5.         Staff recommends motion to:

 

A)  receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-076-2024 with an effective date of July 25, 2024, and an expiration date of July 24, 2028, in the amount of $6,541,831 for the Concourse B Expansion Phase 2A Project (Phase 2 Project) at Palm Beach International Airport (PBI);

 

B)  receive and file Amendment (Amendment No. 2) to Public Transportation Grant Agreement (R2020-0422), with the Florida Department of Transportation Financial Project Number 440664-1-94-01 (FDOT Grant), authorizing $1,635,458 in grant funding to be used as the non-federal match to the FAA Grant for the Phase 2 Project; and

 

C) approve a Budget Amendment of $6,541,831 in the Airport’s Improvement & Development Fund, including a transfer from Reserves in the amount of $126,108.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (cont’d.)

 

5.         Summary:  The FAA issued a Grant Offer (Assistance Listing Number 20.106) for Bipartisan Infrastructure Law (BIL) – Airport Terminal Program (ATP) Grant Agreement Number 3-12-0085-076-2024 (FAA Grant), reflecting its commitment of funding in the amount of $6,541,831 for the Phase 2 Project.   Based on the FAA BIL ATP grant eligibility requirements, portions of the Phase 2 Project are not considered federally-eligible project costs.  The FAA determined $8,177,289 of the total project costs for the Phase 2 Project to be eligible under the BIL-ATP.  The FAA Grant requires a non-federal match in the amount of $1,635,458, which is 20% of the federally-eligible project costs.  The FDOT Grant originally provided $10,468,062 in grant funding for the Concourse B Expansion Project and was amended to increase the available grant funds by $4,531,938 for total available FDOT grant funding in the amount of $15,000,000 (R2020-1019).  Amendment No. 2 to the FDOT Grant authorizes $1,635,458 of the existing FDOT grant funding to be used as the non-federal match to the FAA Grant.  The acceptance of the FAA Grant allows passenger facility charge funding originally allocated to the Phase 2 Project to be used in the final phase of the Concourse B Expansion Project.  Additional local funding in the amount of $126,108 is needed to fund federally-ineligible project costs.  Countywide (AH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: a contract with Hi-Tech Roofing & Sheetmetal, Inc. (Contractor) for the Water Utilities, Southern Region Operation Center (SROC), Water Treatment Plant (WTP) No. 3-Roof Replacements (Re-bid) project in the amount of $3,076,635 for a period of 300 calendar days from notice to proceed.  Summary: The work consists of furnishing all labor, equipment, devices, tools, materials, transportation, professional services, supervision, drawings, permitting and all miscellaneous requirements necessary to replace the roof systems at the Water Utilities, SROC, WTP No. 3 Facility located at 13026 Jog Road, Delray Beach. The existing roof systems have outlived their useful life, are noncompliant with the current Florida Building Code, have experienced numerous roof leaks and are in need of replacement, all of which make them vulnerable to adverse weather activity. The existing roof systems at Water Utilities, SROC, WTP No. 3 Facility, Buildings A, B, C, D, E, K and L, will be completely removed and replaced with new roof systems, associated accessories and hardening required for compliance with the current Florida Building Code. The new roof systems will provide better weather protection and also achieve compliance with the current Florida Building Code. The Contractor will have 300 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 project was competitively advertised on March 24, 2024 in accordance with the Palm Beach County Purchasing Code and pursuant to the requirements of the Equal Business Opportunity (EBO) Ordinance. This project was presented to the Goal Setting Committee on August 16, 2023 and the Committee established an Affirmative Procurement Initiative (API) of a mandatory minimum 10% Small Business Enterprise (SBE) subcontracting goal for the contract. The SBE participation on this contract is 11.16%. The Contractor is a Palm Beach County business. Funding for this project is from the WUD Operation & Maintenance Fund. (Capital Improvements Division) District 5 (MWJ)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to approve: Amendment No. 1 to the Construction Manager (CM) at Risk Services contract (R2023-1303) with LTG Sports Turf One LLC (LTG), establishing a Guaranteed Maximum Price (GMP) in the amount of $34,996,682 for the Furnish and Install Sports Field Synthetic Turf project for a period of 821 calendar days from notice to proceed.  Summary: On September 19, 2023, the Board of County Commissioners (BCC) approved the CM at Risk Services contract (R2023-1303) with the CM for the Furnish and Install Sports Field Synthetic Turf project located at nine (9) County owned parks (i.e., Dyer Park, Caloosa Park, Samuel Friedland Park, Westgate Park, West Boynton Park, Loggers' Run Park, John Prince Park, Buttonwood Park and Glades Pioneer Park). Amendment No. 1 establishes a GMP in the amount of $34,996,682 for the construction management services necessary to furnish and install sports field synthetic turf. Work includes, but is not limited to, the replacement of eighteen (18) existing grass playing fields with synthetic turf, fencing and sports equipment upgrades at the aforementioned parks. Additionally, the project includes Americans with Disabilities Act (ADA) improvements at Dyer Park. The CM will have 821 calendar days from notice to proceed to substantially complete the construction phase of the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $550 per day. The solicitation for the CM was advertised on April 23, 2023 according to the Equal Business Opportunity (EBO) Ordinance, with final selection taking place on July 17, 2023. On August 16, 2023, the Goal Setting Committee (GSC) established for the GMP, an Affirmative Procurement Initiative (API) of a mandatory minimum Small Business Enterprise (SBE) subcontracting goal of 20% SBE participation. The SBE participation on the construction trade contracts for this GMP is 20.13%. In accordance with Attachment 3 of Policy and Procedures Memorandum (PPM) CW-O-043, the GSC applies the APIs applicable to the construction phase of the contract (i.e., the subcontracts) before subcontractor bidding so that the SBE participation for the GMP is based on the subcontracting trades associated with the GMP and does not include the CM’s fees. The CM is not a certified Small/Minority/Women Owned Business (S/M/WBE), but has partnered with M.C.O. Construction and Services, Inc. (an S/M/WBE firm) for services in an amount not less than 10% of its preconstruction and construction phase fees. The CM has an office located in Palm Beach County. Approval of Amendment No. 1 is contingent on approval by the BCC of the budget transfers recommended by the Parks and Recreation department under item 3M-1 included on this same agenda.  Funding for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) Countywide (MWJ)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to approve:  a Parking Lease Agreement (Lease) with Mount Calvary Missionary Baptist Church of Riviera Beach, Inc., a Florida not-for-profit corporation (Mount Calvary), for seventy-five (75) parking spaces for Palm Tran employees during the repaving project at the Palm Tran North County Facility (Facility), which is located at 3201 Electronics Way in West Palm Beach, for a term of one (1) year at a rental rate of $3,000 per month.  Summary:  The parking area at the Facility is in need of repaving and a project has been initiated for said purposes. While the repaving will be done in phases, given the operational hours of the Facility, there will be a need to relocate some Palm Tran employee parking during the project. In order to minimize impacts to Palm Tran’s operations, temporary parking accommodations are best provided in close proximity to the Facility. Mount Calvary is located at 1111 36th Street in West Palm Beach (Church Property), approximately 1,000 feet north of the Facility. The County seeks to enter into this Lease with Mount Calvary for seventy-five (75) parking spaces at the Church Property, to be used exclusively by Palm Tran employees during the repaving project. The term of the Lease is for one (1) year, with automatic renewals on a month-to-month basis unless terminated by County. The rent is $3,000 per month ($40/space).  Palm Tran shall be responsible for monitoring and enforcing parking by Palm Tran employees, and for general upkeep of the parking spaces including line striping should it become necessary during the term of the Lease. Mount Calvary daily operations shall not interfere with County’s use of the parking spaces.  Either party may terminate the Lease, for any reason, with thirty (30) days’ prior written notice to the other party.  The Property & Real Estate Management Division will have management responsibility for this Lease. (Property & Real Estate Management) District 7 (HJF)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the total amount of $278,603 to The Pointe at Boynton Beach, LP (PBB);

 

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

 

C) approve a Budget Transfer of $233,618 in Impact Fee Assistance Program – Roads Zone 4 to appropriate funds for PBB;  

 

D) approve a Budget Transfer of $27,634 in Impact Fee Assistance Program – Parks Zone 3 to appropriate funds for PBB; and

 

E) approve a Budget Transfer of $17,351 in Impact Fee Assistance Program – Public Building to appropriate funds for PBB.

 

SUMMARY: On April 24, 2024, the Department of Housing and Economic Development issued a Notice of Funding Availability (NOFA) making $3,272,281 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2024 allotment funding cycle. PBB, an affiliate of developer Royal American Development, Inc., submitted an application in response to the NOFA.  Staff recommends that up to $278,603 be provided as a credit for impact fees associated with the construction of The Pointe at Boynton Beach, which consists of 100 rental apartments on four (4) parcels with a main address located at  513 SE 4th Street in the City of Boynton Beach. PBB will be given credits for Roads Zone 4 Impact Fees ($233,618), Parks Zone 3 ($27,634), and Public Building Impact Fees ($17,351).  PBB will pay any impact fees above the allocated $278,603. The Certificate of Award and related documents will be issued to the entity identified herein and its successors and/or assigns. PBB has agreed to provide all 100 units at or below 70% Area Median Income for a period of 50 years. These funds are from interest earned by the Impact Fee Fund. District 7 (HJF)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to receive and file: Amendment 001 to the Agreement (R2023-1459) with the Urban League of Palm Beach County, Inc. (ULPBC) to revise EXHIBIT “A”, to delete language due to ‘Scrivener’ errors and also correct the rate of reimbursement of funds to allow the ULPBC to request 100% of the Community Development Block Grant (CDBG) funds.  SUMMARY: The original 2023 Agreement (R2023-1459) provided $17,777 in funding to operate the Comprehensive Housing Counseling Program that includes assistance and case management through education classes and one-on-one sessions focusing on foreclosure prevention, homeless prevention, fair housing, first-time homebuyer education, pre-purchase counseling, budgeting, mortgage qualification and the loan process. Amendment 001 to the Agreement is necessary due to scrivener errors, which have impacted ULPBC’s expenditure of CDBG funds. The ULPBC and Department of Housing & Economic Development (DHED) have agreed to modify the scrivener errors in EXHIBIT “A” which included removal of language not applicable to the services being provided by the ULPBC and to also correct the rate of reimbursement from $49.38 to $177.77 per unduplicated beneficiary on a monthly basis and to allow submittal of one (1) Final “Corrective” Invoice for the remaining CDBG funds. These changes would allow the ULPBC to continue to provide the eligible services and request monthly CDBG reimbursements from the County and expend 100% of funds by the Agreement expiration date of September 30, 2024.  The original 2023 Agreement was received and filed by the Board of County Commissioners (BCC) on October 3, 2023 (R2023-1459).  Amendment 001 has been executed on behalf of the BCC by the Director of DHED in accordance with R2023-1013; dated July 11, 2023, that delegated authority to the County Administrator or designee to execute forms, certifications, funding agreements, amendments thereto, and all other documents necessary for implementation of the Consolidated Plan, Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051 provides that all contracts, agreements and grants signed with delegated authority must be submitted by the initiating department as a receive and file agenda item. These are Federal CDBG funds which do not require a local match.  Countywide (HJF)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to receive and file: Amendment 1 to Loan Agreement R2024-0698 with Harper Court Housing, LLC for $1,611,797, for acquisition, rehabilitation and conversion of an unoccupied motel to modify the Construction Draw Schedule dates. SUMMARY: Harper Court Housing, LLC, was provided $1,611,797 in Community Development Block Grant – Coronavirus (CDBG-CV) funding toward the acquisition and rehabilitation of an unoccupied motel located at 308 N. Main Street, Belle Glade.  Harper Court Housing, LLC has acquired the premises, but experienced delays due to changes in the scope of work required for rehabilitation of the motel into 18 affordable studio units. The changes in the scope of work impacted the Construction Draw Schedule in the Loan Agreement.  Amendment 1 changes the Construction Draw Schedule dates. The original Loan Agreement was received and filed by the Board of County Commissioners (BCC) on June 11, 2024 (R2024-0698). Amendment 1 was executed on July 31, 2024, on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in accordance with Agenda Item 6C-2 as approved by the BCC on January 23, 2024.  County PPM CW-O-051 provides that all contracts, agreements and grants signed with delegated authority must be submitted by the initiating department as a receive and file agenda item. These are Federal CDBG-CV funds that do not require a local match. District 6 (HJF)

 

4.         Staff recommends motion to approve: a Request for Release of Funds (RROF) and Certification (HUD Form 7015.15) required for an environmental review conducted on behalf of 211 Palm Beach/Treasure Coast, Inc. for the 211 New Headquarters Building project.  SUMMARY: 211 Palm Beach/Treasure Coast, Inc. is redeveloping its existing headquarters located at 415 Gator Drive, Lantana. A new 12,000 square foot hurricane rated building will be constructed on the current parking area and the existing 6,000 square foot building will be demolished and the site repurposed into a new parking area. The facility will house the 211 call center and operations. The U.S. Department of Housing and Urban Development (HUD) awarded 211 Palm Beach/Treasure Coast, Inc. a $1,000,000 Economic Development Initiative Community Project Funding (CPF) grant to assist with the project. The CPF Program requires that an environmental review be performed in accordance with Federal Regulations at 24 CFR Part 58.  211 Palm Beach/Treasure Coast, Inc. requested that Palm Beach County assume the role of Responsible Entity to undertake the environmental review on its behalf. The environmental review has been completed and the County must now provide to HUD a RROF for the project.  The RROF affirms that the procedures required by 24 CFR Part 58 have been followed, that the activity did not require an Environmental Impact Statement, and the County will comply with the National Environmental Policy Act and other environmental laws as they relate to the project.  The required Notice of Intent to Request Release of Funds was published on August 25, 2024, and no public comments were received during a 15-day comment period.  District 7 (HJF)

SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:

 

A) Contract for the Septic to Sewer Project at Okeeheelee Park, Lake Ida Park, Caloosa Park and Gulfstream Park (Project) with Amici Engineering Contractors LLC (Contractor) in the amount of $6,052,101.60; and

 

B) Consultant Services Authorization (CSA) No. 1 to the General Utility, Architectural and Value Engineering Services (Contract) with Chen Moore and Associates, Inc. (Consultant) for Construction Phase Services for a not to exceed amount of $473,271.87. 

 

Summary: On May 22, 2024, the Palm Beach County Water Utilities Department (PBCWUD) received one (1) bid for the Project. The Invitation to Bid included Alternate 1, which provides for sanitary sewer improvements at John Prince Park, and Alternate 2 for sanitary sewer improvements at Morikami Park. Contractor was determined to be the lowest responsive and responsible bidder in the amount of $4,220,584 for the Base Bid, $1,367,782.60 for Alternate 1 and $463,735 for Alternate 2 bids. Awarding the Base Bid, plus Alternate 1 and Alternate 2, will provide for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary for the connection into the public sewer system of restrooms facilities at the Okeeheelee Park, Lake Ida Park, Caloosa Park, Gulfstream Park, John Prince Park, and Morikami Park. Per agreement with Palm Beach County Parks & Recreation Department (Parks), PBCWUD will be responsible for the bidding, awarding, and administrative services during construction of the Project, and Parks will be responsible for the costs associated with the improvements and for construction management services related to the Project. The facility improvements will be owned, operated, and maintained by Parks.  This Project was presented to the Goal Setting Committee (Committee) on December 6, 2023, and the Committee established an Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting participation.  Contractor committed to 20.45% SBE Contractor is headquartered in Miami, Florida.  On December 5, 2023, the Board of County Commissioners (BCC) approved the PBCWUD Contract (R2023-1786) with Consultant. CSA No. 1 provides for professional engineering services during construction of the Project. Services include construction management services, field observations, project administration and review of deliverables.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

1.         SUMMARY (cont’d.): The Contract with Consultant was presented to the Committee on April 5, 2020, and the Committee established an API of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and up to 15 evaluation preference points for participation by certified African American owned firms. Consultant committed to 31% SBE, which includes 23% Minority Business Enterprise (MBE) (B) and received 15 evaluation preference points. The SBE proposed participation for this CSA No. 1 is 35.81%, which includes 35.81% MBE, 35.81% MBE (B).  To date, the overall participation achieved on this Contract is 0%, which includes 0% MBE, 0% MBE (B).   Consultant is a Palm Beach County based company. These are County ARPA Response Replacement funds that do not require a local match. (PBCWUD Project No. 20-045) Districts 2, 3, 4, and 5 (MWJ)

 

2.         Staff recommends motion to approve: A Non-Standard Potable Water and Wastewater Development Agreement (Agreement) with Signature Flight Support LLC (Tenant) for a period of five (5) years beginning on September 17, 2024 through September 30, 2029.  Summary:  The Tenant leases certain property from Palm Beach County (County) (R2016-0560) north of Southern Boulevard and west of the Palm Beach International Airport in West Palm Beach. The Tenant wants to construct potable water and wastewater facilities to construct, operate, and maintain an aircraft maintenance, repair, and operation facility. In order to provide potable water and wastewater concurrency reservations for new facilities, the Palm Beach County Water Utilities Department (PBCWUD) requires developers to enter into a formal development agreement. While the PBCWUD Director has been delegated authority to enter into Standard Development Agreements (SDA), the Board of County Commissioners (BCC) approval is being sought in this case as certain provisions in the standard agreement are unnecessary due to the County ownership of the property. The Tenant has paid a Mandatory Agreement Payment in the amount of $17,121.89, which is equal to 12 months of Guaranteed Revenue Fees. District 2 (MWJ)

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

3.         Staff recommends motion to:

 

A) approve Amendment No. 1 to Agreement No. 4600004796 (Agreement) with the South Florida Water Management District (SFWMD), increasing funding by $2,706,200 for the Palm Beach-Broward Interconnect Phase IB South Reclaimed Water Transmission and System Extension (Project);  

 

B) delegate authority to the County Administrator, or her designee which in this case shall be the Director of Palm Beach County Water Utilities Department (PBCWUD), to execute standard grant agreements, future time extensions, amendments, and all other documents necessary of the grant award that do not substantially change the scope of work, terms or conditions of the agreement; and

 

C) approve a $2,706,200 Budget Transfer in the Water Utilities Department Capital Improvement Fund to establish budget for the grant.

 

Summary: The SFWMD has allotted $41.5 million to assist local governments, public and private water providers, and other entities with construction and/or implementation of alternative water supply (AWS) or water conservation (WC) through the Cooperative Funding Grant Program. The Project will include the construction of approximately 1.5 miles of 30-inch and 0.9 miles of 8-inch reclaimed water pipeline and three (3) lake discharge facilities in southern Palm Beach County.  On September 19, 2023, the Board of County Commissioners (BCC) approved the Agreement for Phase IA of the Project (R2023-1313), and this amendment to the Agreement will include Phase IB of the Project. The Project is included in the PBCWUD FY24 budget. This amendment increases funding by $2,706,200, for a total not-to-exceed amount of $6,206,200, extends the term of the Agreement through December 31, 2026, and revises various schedules and forms of the Agreement. (PBCWUD Project No. 21-048) The $2,706,200 grant requires a $2,706,200 (50%) match which will be funded from reimbursements from Broward County District 5 (MWJ)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve: Consultant Services Authorization No. 0019-03 (CSA) to Contract (R2023-0019) (Contract) approved on January 10, 2023 with Aptim Environmental & Infrastructure, LLC (Aptim) in the amount of $449,993.03 to provide permitting and seagrass restoration and monitoring services beginning upon execution and ending on May 31, 2028.SUMMARY: The Board of County Commissioners (BCC) approved the Contract with Aptim, a Palm Beach County company, on January 10, 2023. This project was presented to the Goal Setting Committee on April 6, 2022 and the Committee established an Affirmative Procurement Initiative (API) of 20% mandatory Small Business Enterprise (SBE) subcontracting goal and an SBE Evaluation Preference for Prime Bidders, up to 15 points.  Aptim committed to an overall 22% SBE participation in the Contract and received four (4) Evaluation Preference Points.  The SBE proposed participation for this CSA is 0%.  To date, the overall participation achieved on this project is 40.3%.  The CSA authorizes Aptim to conduct permitting efforts and provide seagrass restoration and monitoring services. Services will include site assessment, regulatory permitting and initial seagrass planting in the first year followed by maintenance and annual monitoring efforts during the final three years of the project. Costs will be paid from the Lake Worth Lagoon Initiative, Florida Department of Environmental Protection (FDEP) Agreement LPA0721 (R2024-0560).  There is no cost to the County.  Districts 1, 2 and 7 (YBH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (cont’d.)

 

2.         Staff recommends motion to receive and file:

 

A) Change Order No. 2 to the State of Florida, Department of Environmental Protection (FDEP) Agreement No. LP50202 (Agreement) for the cumulative transfer of funds between budget categories. The transfer consisted of $17,859.22 in funds moving from Task #1 Contractual Services to Task #2 Salary/Fringe. Task #1 Contractual Services was $67,500 and will now total $49,640.78. Task #2 Salary was $85,939 and is now $97,216.37, and Task #2 Fringe was $44,061 and is now $50,642.85; and

 

B) Change Order No. 3 to FDEP Agreement to update the salary amounts for Tasks #1 and #2 to reflect approved rates during the time period from 2021 to 2023 when those tasks were completed. Three (3) positions were updated: Environmental Program Supervisor, Senior Professional Engineer, and Environmental Technician I.

 

Summary: On January 10, 2017, the Board of County Commissioners (BCC) approved the original Agreement No. LP50202 (R2017-0082) providing for reimbursement from FDEP for the Lake Worth Lagoon Living Shorelines project (Task #1), the Tarpon Cove Mangrove Islands project (Task #2), and the Lake Worth Lagoon monitoring project (Task #3). Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associated with this Agreement was also approved at that time. Change Order No. 2 transferred funds between tasks to account for final realized costs of Tasks #1 and #2 to result in reimbursement of the full grant amount. Change Order No. 3 revised amended rates for the Environmental Program Supervisor, Senior Professional Engineer and Environmental Technician I positions to align with original task work periods. 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 1, 2, & 7 (SS)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (cont’d.)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a letter authorizing the Department of Environmental Resources Management (ERM) to apply for a grant from the State of Florida’s new TRAIL-GO program requesting $75,000 to fund 75% of the cost of repairing of potholes and depressions along a 5.5-mile-long portion of the multiuse Bluegill Trail, east of the C-18 Canal East, from just north of PGA Boulevard to just south of Riverbend Park; and

 

B)   authorize ERM’s Department Director to act as the contact person for this grant project.

 

Summary:  ERM has applied for a TRAIL-GO grant to help fund its FY 2025 pothole/depression repair project on a 5.5-mile section of the multiuse Bluegill Trail that connects Karen T. Marcus/Sandhill Crane Access Park in Palm Beach Gardens to Riverbend Park.  The total cost of the PBC ERM Bluegill Trail Pothole/Depression Repair Project is expected to be $100,000.  ERM’s TRAIL-GO grant application requests $75,000 (75%) in state funding for costs associated with the trail repair project.  The County will provide a $25,000 (25%) cash match to cover the balance of the expected project costs.  If approved for funding, ERM will bring the grant award agreement to the Board of County Commissioners (BCC) for its review and approval.  Funding for the County’s $25,000 (25%) cash match will come from the County’s Natural Areas Fund.  District 1 (SS)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:

 

A) An amendment of $12,822,968 to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, and later revised on January 4, 2022, and June 11, 2024, to increase the budget for the Parks Improvement Projects;

 

B) A Budget Transfer of $1,358,041 within the IST Fund from IST Departmental Reserves to Okeeheelee Park Street and Parking Lot Light Replacement Project and Athletic Field Renovations at Dyer Park and Westgate Park; and

 

C)  A Budget Transfer of $12,822,968 within the IST Fund from IST County Reserves to Athletic Field Renovations at Buttonwood Park, Caloosa Park, Samuel Friedland District Park, Glades Pioneer Park, Loggers’ Run Park and West Boynton Park.

 

Summary:  The proposed budget transfer and amendment to the IST Project Plan, initially approved by the BCC on April 4, 2017, and subsequently revised on January 4, 2022, and June 11, 2024, is intended to reallocate funds within the IST Fund to support various park improvement projects throughout the county. These projects include renovations and expansions of athletic fields, restroom facilities, and lighting systems across multiple parks. The reallocation of funds is necessary due to shortfalls in project funds after completing the bidding process. Funds are available in the Parks Department IST Reserves totaling $1,358,041 and County IST Reserves totaling $12,822,968. The Infrastructure Sales Tax Independent Citizen Oversight Committee reviewed this request at their August 15, 2024 meeting, and approved it unanimously. These projects are funded through the infrastructure sales tax. Countywide (AH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (cont’d.)

 

2.         Staff recommends motion to approve:

 

A)  a downward Budget Amendment of $1,493,310 in the Park Improvement Fund which includes a decrease in revenue of $1,500,000 from the Ocean Inlet Park Marina Phase IIB Florida Inland Navigation District (FIND) Grant; and

 

B)  a $6,690 Budget Transfer from the General Fund to the Park Improvement Fund to correct the appropriations from the Ocean Inlet Park Marina Phase IIB FIND Grant.

 

Summary: On May 4, 2021, the Board of County Commissioners (BCC) authorized submission of a $1,500,000 FIND Waterways Assistance Program (WAP) grant application, (R2021-0593), to fund the redevelopment of Ocean Inlet Park Marina Phase IIB.  The grant was awarded (Project Number PB-21-214) and submitted to the BCC to receive and file and establish budget on December 21, 2021 (R2021-1936). In 2023, the County obtained a one (1) year time extension (R2023-1477), extending the term from September 30, 2023, until September 30, 2024.  The grant reimbursement is contingent upon completing the construction of the 21 floating rental docks and installation of a wave attenuation structure by September 30, 2024. However, due to permitting delays, the County is unable to meet the September 30, 2024 deadline, resulting in the grant’s withdrawal.  Staff intends to resubmit the grant application in the near future and expects evaluation of the same will not be negatively impacted by the current grant withdrawal.  A budget amendment in the Park Improvement Fund and transfer from General Fund are necessary to correct the appropriations. District 4 (AH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (cont’d.)

 

3.         Staff recommends motion to receive and file: an executed Independent Contractor Agreement with Gabe G., LLC, for pickleball instruction at various Palm Beach County Parks locations (indoor and outdoor) for the period of August 1, 2024 through September 30, 2024. The estimated revenue for this agreement is a maximum of $9,980, with the contractor’s expenses maximum of $5,950, thus providing an estimated maximum net fiscal impact of $4,030. Summary:  This Independent Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department (Department) in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168, 2017-0822 and 2021-2049.  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. Countywide (AH)

 

4.         Staff recommends motion to approve:  a Second Amendment to the Agreement between Palm Beach County and the Ski Club of the Palm Beaches, Inc. (Ski Club), for the cooperative maintenance, management and use of the water ski lakes at Okeeheelee Park. This Amendment exercises the second renewal option for the period of October 7, 2024 through October 6, 2029.  Summary:  On October 7, 2014, the County entered into a five (5) year agreement (R2014-1507) with the Ski Club for the cooperative maintenance, management and use of the water ski lakes at Okeeheelee Park. The Agreement included two (2) five (5) year renewal options. On October 8, 2019, the parties executed the First Amendment (R2019-1549), which exercised the first of two (2) renewal options extending the Agreement through October 6, 2024; changed the termination clause from 90 days to 12 months; updated the nondiscrimination, criminal history records check, public records and the hazardous material provisions. This Second Amendment exercises the final remaining five (5) year renewal option, extending the Agreement through October 6, 2029 and adds standard County provisions regarding counterparts, E-Verify employment eligibility and human trafficking affidavit. There is no cost to the County.  District 2 (AH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (cont’d.)

 

5.         Staff recommends motion to receive and file: an executed Entertainment Contractor Agreement with Light F/X Pros, LLC in an amount of $25,000 for the annual Fourth of July Celebration fireworks display 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. This Entertainment Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator and Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367.  The Department is now submitting this Agreement in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item.  District 5 (AH)

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve:  An Agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY 2025.  The term of this Agreement is from October 1, 2024 through September 30, 2025.  Summary:  This Agreement provides funding for the Palm Beach Soil and Water Conservation District’s (District) Resource Conservation Activities. The Agreement requires Palm Beach County to provide $79,000 in funding to the District for payment of soil and water resource conservation services and health insurance benefits.  This is for the same amount that was provided to the District for FY 2024.  The District provides free services to improve water quality and water conservation in rural, agricultural, and urban communities throughout Palm Beach County. The Agriculture Mobile Irrigation Lab, Nursery Overhead Efficiency Project, and the Best Management Practices (BMPs) implementation/cost share saved 308 million gallons of water and provided $556,080 of financial assistance (FY 2022/23) to growers. BMP implementation assists the United States Department of Agriculture/Natural Resources Conservation Service (USDA/NRCS) with planning and design practices such as irrigation, water control structures, and irrigation water management. These practices address natural resource concerns and deliver environmental benefits such as water improvement, reduction of soil erosion and sediments, and creation of wildlife habitats. The District coordinates community-oriented activities throughout the County to include youth in environmental education. Ambassador of the Wetlands and Envirothon are offered at no cost.  During the 2023/2024 school year, over 620 students participated in these programs. Countywide (AH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

R.        HUMAN RESOURCES 

 

1.         Staff recommends motion to approve: Adoption Agreement between Palm Beach County Board of County Commissioners (BCC) and Bencor, Inc., and the attached Appendix, for final implementation of the BCC approved 401(a) Plan.  SUMMARY:  The BCC previously approved the 401(a) Special Pay Plan and directed staff to solicit vendors for a 401(a) pay plan. Following a Request for Proposal (RFP) Bencor, Inc. was the selected vendor to implement and administer Palm Beach County’s (County) 401(a) Plan.  Pursuant to BCC direction, the 401(a) Plan contributions will be submitted by the designated Plan participants upon separation from the County via compensable vacation and/or sick leave balances, consistent with the County’s Merit Rule provisions regarding payout upon separation from employment. Additionally, the BCC directed staff to include a stipulation to the Plan (attached Appendix) to offset a loss of income for employees who would incur a ten percent (10%) penalty by reason of their age, or early withdrawal of their funds following separation. Therefore, Staff is seeking approval of the finalized Adoption Agreement and the attached Appendix for an effective date of October 19, 2024 (two (2) pay periods after BCC approval).  Countywide (DO)

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: a Budget Transfer of $830,000 within the Fire Rescue Improvement Fund (Fund 3700) to account for unforeseen increase in costs for the construction of Fire Station 40.  SUMMARY: The additional funds will cover unforeseen construction costs associated with  multiple Change Orders for items not included in the original plans and those that stem from redesign changes, some of which include: changes to the card readers and camera system, extended fencing and pedestrian gates, removal of mislabeled trees, installation of moisture membrane barrier, additional electrical components, installation of an Island Control Unit for the fueling system, electrical conduits for additional lightning components, rubber base in the bunker gear and storage rooms, two (2) land lines, soffit vents, additional sod in the dry retention area, and the construction of an additional concrete pad for the sliding gate. The Change Orders will be approved by the Facilities Development & Operations Director under the authority granted by the Purchasing Code. These changes are essential to bring the construction to the station to completion. District 2 (SB)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (cont’d.)

 

2.         Staff recommends motion to approve:  a tri-party Interlocal Agreement for Emergency Distribution of Strategic National Stockpile with the Palm Beach County Sheriff’s Office (PBSO) and the Florida Department of Health in Palm Beach County (DOH) effective October 8, 2024 through October 7, 2029 with one (1) automatic renewal period of five (5) years.  SUMMARY: On October 8, 2019, a tri-party Interlocal Agreement for Emergency Distribution of Strategic National Stockpile (R2019-1551) with PBSO and DOH was approved for a period of five (5) years. This tri-party Agreement delineates responsibilities for all of the parties for activities related to the prophylaxis of PBSO’s and Palm Beach County Fire Rescue’s (PBCFR) employees, their immediate family members and volunteers under the Cities Readiness Initiative program (CRI) in the event of a catastrophic biological incident or other communicable threat of epidemic proportion. The provisions of this Agreement apply to activities to be performed at the request of the DOH in conjunction with the implementation of the CRI Response Plan, an appendix to DOH’s Emergency Operations Plan. All parties agree that continuing this arrangement would be mutually beneficial. Countywide (SB)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve:  Interlocal Agreement with the School Board of Palm Beach County, Florida (SBPBC) for acceptance of grant funds collected between October 1, 2024 through September 30, 2025 under the Driver Education Safety Trust Fund (DESTF) and spent by the SBPBC through March 31, 2026.  Summary:  Pursuant to the Dori Slosberg Driver Education Safety Act (Section 318.1215, Florida Statutes), the Palm Beach County Clerk of the Circuit Court and Comptroller shall collect an additional $5 with each civil traffic penalty levied in Palm Beach County to be used for driver education programs.  Section 10-9 of the Palm Beach County Code provides for the collection of $5 to fund a DESTF Program, which includes the creation of a DESTF and how these funds will be disbursed to public and non-public schools annually.  In order to receive funding from the DESTF, public and non-public schools must apply and receive grant approval each year. On September 19, 2023 (R2023-1338), the Board of County Commissioners (BCC) approved an agreement with SBPBC to grant disbursements from the DESTF to be used for their driver education safety programs.  Annual disbursements fluctuate each year based on the funds collected from the civil traffic penalties.  FY 2024 disbursement of funds included approximately $562,618 to the SBPBC. SBPBC Disbursements also support private schools such as The Benjamin School.  This Interlocal Agreement will continue to allow the County to grant disbursements from the DESTF to the SBPBC for their driver education safety program.  Countywide (MJ)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        2.         Staff recommends motion to approve: First amendment to the Contract for Professional/Consultation Services in the Areas of Veterinary Medicine with Byron V. Reid, DVM (d/b/a Byron Reid and Associates V.M.D.P.A) (R2021-1847) for veterinary services for large animals to increase the contract by $15,000 per year for a not-to-exceed amount of $25,000. Summary:  On December 7, 2021, Palm Beach County’s Public Safety Department, Division of Animal Care & Control (PSDACC) entered into a contract with Dr. Reid to provide appropriate and necessary veterinary services for sheltered animals. Under this contract, Dr. Reid provides on-call, emergency and routine veterinary services for large animals at the request of the PSDACC.  Earlier this year, PSDACC impounded and sought custody of seven (7) neglected horses and one (1) pony.  PSDACC was required to maintain and care for the animals during the court proceedings. The animals needed extensive care, and as a result, the annual Contract limit of $10,000 will be exceeded.  This Amendment increases the Contract amount by $15,000, bringing it to a maximum of $25,000 and allows Dr. Reid to be compensated for services exceeding the original Contract limit. Countywide (SF)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        3.         Staff recommends motion to approve:  

 

A)  reappointment of one (1) nominee to seat 3 of the Consumer Affairs Hearing Board (CAHB) for the term beginning October 1, 2024 through September 30, 2027; and

 

Seat

Reappointment

Seat Requirement

Nominated By

3

Michael Schiff

Resident

Mayor Sachs

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

Commissioner Bernard

 

B)  appointment of one (1) new nominee to seat 6 for the term beginning October 1, 2024 through September 30, 2027.

 

Seat

Appointment

Seat Requirement

Nominated By

6

Vaughn Mitchell

Resident

Mayor Sachs

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

Commissioner Bernard

 

Summary:  The CAHB serves both in an advisory capacity to the BCC and as an Appeals Hearing Board to hear and act on appeals relating to the towing and immobilization, vehicle for hire, moving, home caregiver, adult entertainer, water taxi, and consumer affairs ordinances. The Consumer Affairs Ordinance was approved by the Board of County Commissioners (BCC) on December 17, 2013, and codified in Chapter 9, Article I of the Palm Beach County Code. The Consumer Affairs Ordinance established a seven (7) member CAHB.  Members are at-large appointments selected from various businesses, professions and the general public. Member terms are for three (3) years with a limit of three (3) consecutive terms expiring September 30th.  Seat 3 is currently occupied by the reappointment nominee and Seat 6 will become vacant on September 30, 2024 due to term limits.  A memo was sent to the BCC on June 24, 2024 seeking nominations.  The CAHB has a maximum of seven (7) members.  With the appointment of these nominees, the CAHB will have seven (7) seats filled. The diversity count of the current (6) seats filled is as follows: Caucasian: 4 (66%), Asian: 1 (17%), and African American: 1 (17%). 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

3.         SUMMARY (cont’d.): The gender ratio (male: female) is 6:0. In addition to a distinguished career as an attorney and interest in the field of consumer protection, Mr. Schiff holds a juris doctorate and master’s degree in business administration.  Mr. Mitchell is a detective with the Palm Beach County Sheriff’s Office with an interest in consumer protection, and holds two bachelor’s degrees: accounting and management and supervision.  Staff is addressing the need to increase diversity within our Board and will continue to encourage this to expand this Board’s diversity. Countywide (RS)

 

4.         Staff recommends motion to approve: Amendment to the Mutual Aid Agreement (Agreement) with the United Way of Palm Beach County, Inc. (UWPBC) (R2019-0132) as the lead agency to coordinate the Volunteers and Donations Unit, Emergency Support Function (ESF #15) during times of disasters, extending the term by five (5) years retroactive to January 15, 2024 until January 15, 2029 with future extensions in five (5) year increments, and updating standard terms and conditions.  Summary:  Under the current Agreement, the UWPBC provides the resources, training, and lead coordination efforts needed with other non-profit organizations during disasters to coordinate donations from the public and spontaneous volunteers who want to help in response and recovery operations. The County will reimburse UWPBC for eligible costs over and above the cost of conducting its normal business operations in emergencies/disasters within the County as they relate to the fulfillment of the Volunteer and Donations Unit. ln the event a disaster is declared, the County will request reimbursement from the Federal Emergency Management Agency (FEMA). Due to delays from incorporating federal terms, financial obligations, and reviews by subject matter experts, the original Agreement expired January 15, 2024 and is being retroactively amended.  Countywide (DB)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        5.         Staff recommends motion to:

 

A)  accept Urban Area Security Initiative (UASI) GY 2023 – Award Letter;

 

B) receive and file Memorandum of Agreement (MOA) UASI FY 2023 agreement number R0924 with the City of Miami to receive $428,997 in reimbursable grant funding for the period July 25, 2024 through March 30, 2025; and

 

C)  approve Budget Amendment of $384,968 in the (UASI) Grant Fund to adjust the budget to the actual grant award.  

 

Summary:  This MOA provides a means of funding various domestic security activities within the County using Federal UASI funds (CFDA # 97.067) through the City of Miami as the UASI’s fiscal agent.  UASI awarded $428,997 to the County’s Public Safety Department Division of Emergency Management for development of community preparedness videos, field carts, a generator, information technology upgrades, and regional Citizen Corps/CERT training, exercise and equipment.  On May 21, 2013, R2013-0622 gave the authority to the County Administrator, or designee, to execute these agreements on behalf of the Board of County Commissioners (BCC).  No County matching funds are required.  Countywide (DB)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        6.         Staff recommends motion to:

 

A) receive and file a State-funded Grant Agreement (A0438) for FY2024-25 in the amount of $105,806 for the Emergency Management Preparedness and Assistance (EMPA) Grant with the State of Florida, Division of Emergency Management (FDEM) to receive grant funding for the period of July 1, 2024 through June 30, 2025, to improve and enhance emergency management plans and programs and provide operational support to maintain state required programs; and

 

B) approve a Budget Amendment of $79,354 in the EM Preparedness and Assistance Fund to adjust the budget to the actual award of $105,806.

 

Summary:  The EMPA grant (CSFA #31.063) is a state funded grant that recurs annually. This grant will be used to further enhance emergency planning, response, mitigation, and recovery in the County.  R2012-1731 dated November 20, 2012 gave authority to the County Administrator or designee to execute this agreement on behalf of the Board of County Commissioners; that do not substantially change the scope of work, terms or conditions of the agreement.  The EMPA grant requires a match at the amount either equal to the average of the previous three years’ level of county general revenue funding for the Division of Emergency Management (DEM) budget or the level of funding for the DEM budget for the last fiscal year, whichever is lower.  Countywide (DB)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        7.         Staff recommends motion to:

 

A)  approve a Contract for Civil Drug Court (Contract) with the City of Riviera Beach for the period October 1, 2024 through September 30, 2027 in the amount of $401,700 to provide support and substance use treatment services to the Civil Drug Court; and

 

B) authorize the County Administrator, or designee to execute amendments and administrative documents associated with the above agreement, on behalf of the Board of County Commissioners (BCC), after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations that do not substantially change the terms or conditions.

 

Summary:  The Civil Drug Court Program, located in the City of Riviera Beach, provides case management, residential, and outpatient substance use services arising from court ordered treatment for indigent clients in Palm Beach County who are unable to recognize their need for treatment and/or are unable to obtain the treatment service needed to begin their recovery. The program has served a total of 113 new cases for the past three (3) fiscal years and maintains an average daily caseload of 32 clients. This Contract funds a Certified Assessor, Case Manager, Community Coordinator, operating costs, and treatment, including aftercare services and community housing.  The approval of this Contract will enable the Civil Drug Court to continue assisting clients to reduce substance use relapse and criminal recidivism through more intensive treatment services. Countywide (RS)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

8.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, to approve and adopt the 2024 Palm Beach County Local Mitigation Strategy (LMS) plan and provide an effective date. Summary:  The Federal Emergency Management Agency (FEMA) has mandated that all LMS programs revise their plans every five (5) years to bring them into compliance with Federal guidelines established in response to the Disaster Mitigation Act of 2000.  The 2024 Palm Beach County LMS was approved on August 6, 2024 by the Florida Division of Emergency Management pending adoption by the County and each participating municipality.  In order to remain eligible to apply for and receive both pre-disaster and post-disaster Federal mitigation assistance funding, each participating municipality is required to adopt the LMS by resolution.  The County will work with each participating municipality to complete this step.  Some of the language updated includes analyses of local flooding conditions as it relates to Palm Beach County communities; inclusion of updated information on storm surge, sea level rise, and climate change into the hazards, mitigation measures, mapping, and project list; updates on algal blooms; and improved vulnerability charts and consequence analyses.  Countywide (DB)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

                        9.         Staff recommends motion to:

 

A)  approve the contract with 211 Palm Beach/Treasure Coast, Inc. for emergency crisis phone counseling services and LYFT, Inc. concierge services in an amount not to exceed $228,000 for the period October 1, 2024 through September 30, 2027; and

 

B)  authorize the County Administrator or designee to execute future contracts and contract amendments with 211 Palm Beach/Treasure Coast, Inc. on behalf of the Board Of County Commissioners (BCC), after approval of legal sufficiency by the County Attorney’s Office and within budgeted allocations, that do not substantially change the scope of work, terms and conditions of the original contract.

 

Summary: Through the Violent Crime/Sexual Assault Helpline (Helpline), 211 Palm Beach/Treasure Coast, Inc. provides immediate crisis intervention services and information on behalf of Palm Beach County Department of Public Safety’s Division of Victim Services and Certified Rape Crisis Center to victims of violent crime and law enforcement twenty-four (24) hours per day, seven (7) days per week.  The Helpline provides several essential tasks. They take calls from crime victims in the community who are in need of assistance, they prompt advocates and Sexual Assault Nurse Examiners to respond when needed in the community after hours. They arrange transportation through their LYFT, Inc. concierge services program.  From October 1, 2021 through June 30, 2024, the helpline received and processed more than 6,000 calls. The previous three (3) year contract amount was for $180,000.  This three (3) year contract adds $48,000 and increases the total new contract amount to $228,000.  The additional funds will be used to support increases in transportation services for victims and establish transportation services for youth reentry clients, who often face challenges with transportation.  Having access to the Helpline and funding for transportation assistance will provide immediate access for clients to access critical services. Transportation assistance reduces barriers and increases accessibility to increase the effectiveness of reentry programming, ultimately improving successful outcomes for youth, which lead to increased public safety and reduced recidivism. The first year’s contract is offset by $10,000 from the Victims of Crime Emergency Support Fund with the remaining $66,000 funded by ad valorem. Countywide (RS)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Z.        RISK MANAGEMENT 

 

1.         Staff recommends motion to approve:  The purchase of airport liability insurance, for the period October 10, 2024 through October 10, 2025; to be purchased through the County’s contracted broker, Risk Management Associates, Inc., a wholly owned subsidiary of Brown and Brown, for a total not-to-exceed cost of $190,790.01.  SUMMARY: The renewal premium of $190,790.01 for airport liability through American International Group (AIG) represents a 25.26% increase over the expiring premium. The renewal accounts for increased instability in the war and terrorism portion of the market as well as increases in passenger activity at Palm Beach International Airport (PBIA). Increased passenger activity leads to additional exposures and has resulted in a 122% loss ratio over the last two (2) years to AIG.  Those changes in exposure will also necessitate a $10,000 per claim retention (deductible) over the expiring policy which had a $0 deductible.  The overall policy limit of liability will remain at $200,000,000 with several sub-limits for miscellaneous coverages.  Countywide (HH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.     PALM TRAN

 

1.         Staff recommends motion to:

 

A) adopt a resolution of the Board of County Commissioners (BCC), of Palm Beach County, Florida, approving the submission of the FY 2025 Section 5311, Formula Grants for Rural Areas Program (CFDA 20.509) grant application in the amount of $651,827 to partially offset the operational costs for the Go Glades; and

 

B) authorize the Mayor of the BCC to execute the grant application, supporting documents, and assurances, that do not substantially change the scope of work, terms or conditions of the application

 

Summary:  FDOT has notified Palm Tran of the availability of Section 5311 grant funds for mass transit operating assistance in non-urbanized areas.  If awarded, the grant will partially offset the operating costs of Go Glades Service.  The application is for $651,827 in grant funds which require a local match of 50% or  $651,827 for a total project cost of $1,303,654. The grant match is included in Palm Tran’s proposed FY 2025 Budget.  The grant application requires broader indemnification by the County than that approved by PPM CW-F-049. The resulting grant agreement will 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 this grant 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 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.     PALM TRAN (cont’d.)

 

2.         Staff recommends motion to approve: an Agreement with the School District of Palm Beach County (School Board) to provide bus passes for the period of July 1, 2024 until June 30, 2029.  Summary:  Since August 1998, Palm Beach County and the School Board have collaborated to offer discounted bus passes to students. The new Agreement provides the option for purchasing daily and monthly passes at Palm Tran’s published rates. Under the terms of the new agreement, the School Board will have the ability to procure one (1) day bus passes at a cost of $3.50 each and monthly passes at a cost of $55 for middle and high school students. During the previous five (5) year agreement, the School Board purchased a total of $96,025 in bus passes. Palm Tran’s current agreement restricts pass usage to school hours, but the new agreement will expand the use of the monthly and daily passes to include hours outside of school. The School Board approved this Agreement. Countywide (MM)

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve: Contract for Consulting/Professional Services with Speak Up for Kids of Palm Beach County, Inc., for the period October 1, 2024 through September 30, 2027, in an amount not to exceed $100,000 annually, totaling $300,000 over the three (3) year period, for continued funding of two (2) full-time positions for the Guardian Ad Litem Office.  Summary:  Since 2017, the Board of County Commissioners (BCC) has provided funding to allow Speak Up to hire two (2) full-time employees: a Child Advocate Manager (CAM) and an Administrative Specialist (AS), along with associated operational expenses. Speak Up is a 501(c)(3) Florida non-profit corporation that supports the Guardian Ad Litem Office within the 15th Judicial Circuit.  Speak Up ensures that the Guardian ad Litem Office can recruit, train and support more Volunteer Child Advocates and advocates for the abused, abandoned and neglected children in the dependency system.  The advocates help with facilitating their development, ensuring their right to a safe and permanent home, and building their future. This Contract allows for continued funding of the two (2) positions over the next three (3) years.  This Contract includes reporting measurements specific to Speak Up.  After completion of each contract year, a report will be generated, detailing progress in meeting their performance measurements. In 2021-2022 and 2022-2023, respectively, Speak Up represented 1,998 and 2,007 children, and participated in 8,748 and 7,797 hearings.  These outcomes will be distributed to the BCC as part of the Youth Services Department’s Annual Impact Report.  Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

                        2.         Staff recommends motion to motion to approve:

 

A)  a Contract for Enhanced Mentoring Engagement with Children’s Services Council of Palm Beach County (CSC) and United Way of Palm Beach County, Inc. (United Way), for continued funding of the Enhanced Mentoring Engagement Program, for the period October 1, 2024 through September 30, 2027, in an amount not to exceed $688,000 annually, totaling $2,064,000 over the three (3) year period; and

 

B) a Budget Amendment in the General Fund in the amount of $10,000.  This amendment will recognize the revenue of $10,000 from CSC, and transfer budget from the Evidence-Based Programming unit (Unit 1451) to fund the cost associated with this Contract.

 

Summary:  United Way’s Mentor Center’s most important component is that children need to grow into healthy adults with the presence of a strong relationship with a nonparent adult.  This Enhanced Mentoring Engagement program (Program) will focus on supporting youth directly involved with or at-risk of entering the juvenile justice and/or dependency system in low-income communities in priority geographic locations. This Program aims to service 225 youth; 180 parents/guardians/mentors; 80 service organizations staff. The United Way will provide oversight, training, technical assistance and resources to youth directly or indirectly involved in the juvenile justice and dependency systems, as well as expand capacity and willingness of more providers through Mentor Center Hubs within communities to serve this unique population and remove the stigma associated with them. During FY 2023, the Program served 399 youth (including an additional 174 above the contract projected number). The CSC will contribute no more than $380,000 annually and the County will provide no more than $308,000 annually from ad valorem funding beginning October 5, 2024. This Contract includes a logic model and reporting measurements specific to United Way.  After completion of each contract year, United Way’s progress in meeting their performance measurements which will be distributed to the Board of County Commissioners (BCC) as part of the Community Based Agency Annual Report. Countywide (HH)

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

3.         Staff recommends motion to approve:

 

A)  an Interlocal Funding Collaboration Agreement for Parenting and Role Models, and Educational Supports with the Children’s Services Council of Palm Beach County (CSC) to provide funding for the period October 1, 2024 through September 30, 2027, in the amount of $359,613 annually;

 

B)  the following 20 Community Based Agency Contracts for funding in the  Action Areas of Economic Access, Parenting and Role Models, and Educational Supports for the period October 1, 2024 through September 30, 2027, in an estimated total amount of $1,780,523, annually; and


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

3.        

Proposer

Program/Project

Annual Amount

Action Area:  Economic Access

ChildNet, Inc.

Youth@Work

$95,000

The Arc of Palm Beach County, Inc.

The Internship and Supported Employment Program at Seagull Academy for Independent Living (SAIL)

$80,000

Vita Nova, Inc.

Pathways to Employment

$140,000

Action Area:  Parenting and Role Models

Center for Child Counseling, Inc.

Project Promoting Family HOPE (Healthy Outcomes from Positive Experience)

$130,000

Children of Inmates, Incorporated

Babies ‘N Brains

$92,285

Community Child Care Center of Delray Beach, Inc. d/b/a Achievement Centers for Children and Families

Family Connect: Strengthening Families

$75,000

Exchange Club/Dick Webber Center for the Prevention of Child Abuse for the Gold Coast, Inc. d/b/a The Children’s Healing Institute

Parent Aide

$75,000

Grandma’s Place, Inc.

Family Support Program

$185,300

The Literacy Coalition of Palm Beach County, Inc. d/b/a Literacy Coalition of Palm Beach County

Glades Family Education

$60,237

Action Area:  Educational Supports

American Association of Caregiving Youth, Inc.

Caregiving Youth Project

$70,000

Boys and Girls Clubs of Palm Beach County, Inc.

Career Bound

$50,000

Connect to Greatness, Inc.

The Boys to Men Leadership Academy

$67,001

Digital Vibez, Inc.

Digital Expressions: Lifetime of Consequences

$180,000

For the Children Inc.

Teen Zone A/K/A Teen Learning Center

$75,000

Girl Scouts of Southeast Florida, Inc.

Girl Scouts Leadership Experience

$65,000

Milagro Foundation, Inc. d/b/a Milagro Center

Ambassadors for Higher Education

$45,000

Scholar Career Coaching, Inc.

Mentorship: College & Career Readiness

$60,000

The Children’s Home Society of Florida

Building Resilient Youth

$130,000

The Path to College Foundation, Inc.

Academic Fellowship

$55,000

Youth Empowered to Prosper Inc.

Young Women Who Win

$50,700

Total           

$         1,780,523

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C) a Budget Amendment in the General Fund in the amount of $359,613.  This amendment will recognize the revenue of $359,613 from CSC, and transfer budget from the Evidence-Based Programming unit (Unit 1451) to fund the costs associated with each of these contracts.


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

3.         Summary: On February 26, 2024, the Youth Services Department (YSD) issued a Notice of Funding Opportunity (NOFO) for Community Based Agencies (CBA) funding for three (3) years, beginning in FY2025.  Proposals were accepted for three (3) action areas identified as priorities in the Youth Master Plan (YMP): Economic Access, Parenting and Role Models, and Educational Supports. To continue to align programs with the YMP and incorporate evidence-based/promising programming with outcomes and performance measures, the NOFO was issued.  On July 2, 2024, the Board of County Commissioners (BCC) conceptually approved the recommended funding allocations for these programs.  The Children’s Services Council is supplementing $359,613, annually, in funding for eight (8) proposed CBAs in the Action Areas of Parenting and Role Models, and Educational Supports.  After completion of each contract year, a report will be developed detailing each CBA’s progress in meeting their performance measurements. Metrics for previously funded agencies for FY 2023 are included in the FY 2023 Community Based Agency Annual Report. Annual outcomes will be distributed to the BCC as part of the Community Based Agency Annual Report. Countywide (HH)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

4.         Staff recommends motion to approve: a Second Amendment to Community Based Agency Contract with The Children’s Home Society of Florida (CHS) (R2020-0702), for Visitation Center services, at no additional cost to the County, in the current not to exceed amount of $812,500, through September 30, 2026, to add a requirement of a Visitation Center Metrics Log which will allow for better reporting of metrics by categorizing the various Visitation Center activities. Summary: When the Youth Services Department (YSD) was created, the Board of County Commissioners (BCC) assigned a number of responsibilities YSD, one of which was creation of a Family Visitation/Exchange program.  The program need was identified by Juvenile Court judges and ChildNet, Inc., the lead community-based care agency for foster care and adoptions in Florida’s 15th Judicial Circuit (Palm Beach County).  This Visitation Center at The Children’s Home Society was created to address this need in 2018, with support from the BCC.  In 2020, the BCC approved a Community Based Agency Contract to continue support of the Visitation Center and provide quality visitation to children removed from their parents involved in the dependency system, who have court orders that dictate visitation level and frequency, with a goal of reunification. The Visitation Center provides a safe and confidential, homelike environment for parents to bond with their children.  The Visitation Center continues to operate in partnerships with community members.  In 2023, the BCC approved a First Amendment to Community Based Agency Contract (R2023-0964) which better aligned services and outcomes, and extended the Contract from September 30, 2023 to September 30, 2026.  Approval of this Second Amendment adds a Visitation Center Metrics Log to capture all services/use of the Visitation Center on a monthly basis. In 2023, the CHS Visitation Center program reported 100% of children were not abused or neglected during supervised visitation as evidenced by CHS incident reporting, and 80% of parents demonstrated improvement in their parenting capacity as evidenced by improvement in the Parental Stress Scale. After completion of each contract year, CHS’s progress in meeting their performance measurements will be distributed to the BCC as part of the Community Based Agency Annual Report.   Countywide (HH)

 

 

 

 

 

 

 

 

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to approve: a Budget Transfer of $947,500 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).  Summary: Section 932.7055(5), Florida Statutes; provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes, also requires that no less than 25% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2024 donation requirement is $279,292. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $3,250,150.  The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in Section 932.7055(5), Florida Statutes. Use of LETF requires approval by the Board of County Commissioners (BCC), upon request of the Sheriff.  The current State LETF balance is $2,208,887. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,261,387. The PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida Statutes.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required.  Countywide (RS)

 

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (cont’d.)

 

1.         SUMMARY (cont’d.):

ORGANIZATION

AMOUNT

211 Palm Beach/Treasure Coast, Inc.

 $55,000

BAM Festival, Inc.

 $2,500

Bella's Angels, Inc.

 $75,000

Center for Family Services of Palm Beach County, Inc.

 $10,000

Center for Trauma Counseling, Inc.

 $10,000

City of Pahokee

 $64,000

Clinics Can Help, Inc.

 $15,000

Cox Science Center and Aquarium, Inc.

 $25,000

Els for Autism Foundation, Inc.

 $25,000

Esperanza Community Center, Inc.

 $10,000

Fiesta de Pueblo, Inc.

 $20,000

Florida Crime Prevention Association, Inc.

 $7,000

Florida Fishing Academy, Inc.

 $5,000

Inner City Innovators, Inc.

 $40,000

Latin Quarter of West Palm Beach, Inc.

 $25,000

Operation 300, Inc. - Fallen Officers Program

 $50,000

Palm Beach Economic Crimes Unit, Inc.

 $6,000

Palm Beach County Sheriff’s Foundation, Inc. – Youth Scholarships

 $50,000

Palm Beach County Sheriff’s Foundation, Inc. – Shop With a Cop

 $50,000

Pediatric Oncology Support Team, Inc.

 $25,000

Speak up for Kids

 $125,000

The Children's Place at Homesafe, Inc.

 $10,000

The McDavid Charities Group, Inc.

 $100,000

Urban League of Palm Beach County, Inc.

 $68,000

Vita Nova, Inc.

 $15,000

Wellington Conservation Center, Inc.

$25,000

West Palm Beach Library Foundation

 $35,000

 

 

Total Amount

$947,500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (cont’d.)

 

2.         Staff recommends motion to:

 

A) accept a grant award letter on behalf of the Palm Beach County Sheriff’s Office (PBSO) from the Florida Department of Law Enforcement (FDLE) for the FY2023-24 State Assistance for Fentanyl Eradication (SAFE) in Florida Program, which provides $200,000 in supplemental funding; and

 

B) approve a Budget Amendment of $200,000 in the Sheriff’s Grant Fund.

 

Summary: On March 5, 2024, the Board of County Commissioners (BCC) accepted a $475,000 grant award on behalf of the PBSO from FDLE for the FY 2023-24 State Assistance for Fentanyl Eradication (SAFE) in Florida Program, to conduct joint operations, investigations and other activities as authorized by the SAFE Program, for the grant period July 1, 2023 through June 30, 2024 (R2024-0266). On August 20, 2024, the BCC accepted a Grant Adjustment Notice, which extended the period of performance through June 30, 2025. On August 17, 2024, FDLE awarded PBSO $200,000 in supplemental funding to continue to conduct joint operations and investigations through June 30, 2025.  The total grant award is $675,000.  There is no match requirement associated with this award. The Catalog of State Financial Assistance (CSFA) number is 71.122 and the agreement number is 2023-SAFE-SF-046. Countywide (RS)

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed Palm Beach County FY2024, Category “G” Grant Agreement managed by the Palm Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm Beach County Tourist Development Council (TDC) with Players International Management, Inc., for the promotion of USTA Boys 18’s & 16’s National Clay Court Championships, held July 7 – 14, 2024, for the term of March 7 – October 14, 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 Players International Management, Inc./USTA Boys 18’s & 16’s National Clay Court Championships were 2,277.  Countywide/Districts 1, 4, & 5 (YBH)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

EE.      OFFICE OF RESILIENCE

 

1.         Staff recommends motion to receive and file: Amendment Two (Amendment) to the Grant Agreement (MT026) (Agreement) with the Florida Department of Commerce (FL Commerce), Community Development Block Grant- Mitigation (CDBG-MIT) Program, which replaces and updates terms of the Agreement.  SUMMARY: FL Commerce, formally known as the Department of Economic Opportunity, awarded Palm Beach County up to $800,000 to develop a Vulnerability Assessment (Project) for unincorporated Palm Beach County and Western Palm Beach County, and a Resilience Action Plan for the entire County. The Project is comprised of two (2) grant funding sources: this grant from the FL Commerce and another $500,000 grant from the Florida Department of Environmental Protection. The grant funds are reimbursable and there is no cost share required by the County. On March 8, 2022, the BCC of County Commissioners (BCC) approved the Project Agreement. The contract performance period is from March 8, 2022, to March 7, 2026. FL Commerce has requested CDBG-MIT program grant recipients to update contract terms for a second time. The document packet for Amendment One was submitted to the Board as an agenda item for July 2, 2024. The Amendment replaces Section 28, Employment Eligibility Verification; Attachment A, Project Description and Deliverables; and Attachment G, Reports, Section 6. The Amendment also affirms and replaces the department’s naming convention from the Department of Economic Opportunity to the Department of Commerce. The Amendment changes are minor and procedural-focused without impacting cost or the project schedule. On March 8, 2022, the BCC authorized the County Administrator, or designee, to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement, as well as any necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the Agreement. Countywide (RM)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

FF.      OFFICE OF EQUAL BUSINESS OPPORTUNITY

 

                        1.         Staff recommends motion to approve:

 

A) the reappointment of one (1) applicant to the Equal Business Opportunity Advisory Committee (EBOAC) for a three (3) year term from September 17, 2024 through September 16, 2027:

NAME

SEAT

DESIGNATION

NOMINATED BY

Clementine Fleuranvil

8

National Association of Women in Construction

Commissioner  Barnett

 

 

 

 

 

B) the appointment of one (1) new applicant to the EBOAC to complete an unexpired term.  Mr. Ilan Kottlers will complete an unexpired term through July 11, 2025, plus a full three (3) year term commencing July 12, 2025 through July 11, 2028; and

NEW APPOINTMENT

SEAT

REQUIREMENT

NOMINATED BY

Ilan Kottler

4

Certified White Male Business Owner

Commissioner Marino

Commissioner  Barnett

 

 

 

 

 

C) the appointment of one (1) new application to the EBOAC to  complete an unexpired term.  Ms. Jacqueline Ramirez will complete an unexpired term through October 15, 2024, plus a full three (3) year term commencing October 16, 2024 through October 15, 2027.

NEW APPOINTMENT

SEAT

REQUIREMENT

NOMINATED BY

Jacqueline Ramirez

12

Small Business Development Center

Commissioner Barnett 

 

 

 

 

 

Summary: The EBOAC reviews and evaluates the effectiveness of equal business opportunity programs within County Government, and was established pursuant to Section 2-80.28(f) of the Palm Beach County Code.  EBOAC consists of fifteen members representing one (1) African American business owner certified as a small business by the County; one (1) Hispanic business owner certified as a small business by the County; one (1) woman business owner certified as a small business by the County; one (1) white male business owner certified as a small business by the County; one (1) business owner domiciled in Palm Beach County; one (1) representative of a business incubator program; one (1) representative of the Hispanic business organization; one (1) representative of the National Association of Women in Construction; one (1) representative of a Women’s Business Organization; one (1) certified minority contractor; one (1) representative of the Associated General Contractors of America; one (1) representative of the Small Business Development Center; one (1) representative of a financial institution that assists small businesses; one (1) representative of the Black Chamber of Commerce; and one (1) representative of a professional services organization. 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

FF.      OFFICE OF EQUAL BUSINESS OPPORTUNITY (cont’d.)

 

1.         SUMMARY (cont’d.):  On July 12, 2024, a memo was sent to the Board of County Commissioners (BCC) requesting approval of the nominations.  No other nominations were received.  EBOAC seat terms are for three (3) years. The current diversity count is: African American: 7 (53.8%), Caucasian: 4 (30.8%), and Hispanic: 2 (15.4%). The gender ratio (female: male) is: 8:5. The nominees for reappointment and appointment are Clementine Fleuranvil, African-American female; Ilan Kottler; Caucasian male; Jacqueline Ramirez, Hispanic female.  Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (RS)

 


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

GG.     WATER RESOURCE

 

                        1.         Staff recommends motion to:

 

A) ratify the reappointment of the six (6) League of Cities primary seats with a term ending September 30, 2027 to the Water Resources Task Force (WRTF):  

 

·                     Malise Sundstrom (Seat 1 – Town of Jupiter, Council Member);

·                     Joaquin Almazan (Seat 2 – City of Belle Glade, Vice Mayor);

·                     Reinaldo Diaz (Seat 3 – City of Lake Worth Beach,

Commissioner District 4);

·                     DD Halpern (Seat 4 – Town of Juno Beach, Vice Mayor);

·                     Karen Lythgoe (Seat 5 – Town of Lantana, Mayor;

·                     Greg Langowski (Seat 6 – City of Westlake, Vice Mayor); and

 

B) reappoint Commissioner Greg Weiss to the PBC County Commissioner  seat of the WRTF (Seat 7)  with a term ending September 30, 2027.

 

Summary: The WRTF was established to identify and evaluate opportunities and impediments to providing future water supply, conservation, wastewater treatment and reuse or reclaimed water opportunities. The WRTF meets four (4) to six (6) times per year.  The WRTF is comprised of a total of 28 representatives (14 members and 14 designated alternates for each seat). The 14 seats are as follows: six (6) City elected officials appointed by the League of Cities; one (1) County Commissioner (or their appointee); one (1) water and/or wastewater provider or utility official; one (1) LWDD  representative; one (1) drainage/ water control district elected official; one (1) SFWMD Governing Board member; one (1) environmental representative; one (1) land owner in Palm Beach County actively farming that land to represent agricultural interests; and one (1) ITID representative.  The current terms for the League of Cities appointments (Seats 1 through 6) and the PBC Commissioner seat (Seat 7) expire on September 30, 2024.  These reappointments extend these appointments by three (3) years to September 30, 2027.  The diversity count of the 13 current WRTF members is as follows: 10 Caucasian (76.9%), 2 Hispanic-American (15.4%) and 1 Asian American (7.7%). The gender ratio (female:male) is 5:8. Staff is addressing the need to increase diversity within our Board and will continue to encourage this to expand this Board’s diversity. Countywide (MJ)


SEPTEMBER 17, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

HH.     WESTGATE/BELVEDERE CRA

 

1.         Staff recommends motion to approve: the following appointments to the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) Board:

Seat No.

Appointment

Seat Requirement

Nominated By

Term Ending

6

Ronald L. Daniels

Owner

 

Mayor Maria Sachs

Comm. Gregg Weiss

Comm. Michael Barnett

Comm. Marci Woodward

Comm. Mack Bernard

5/31/2028

 

 

 

 

 

 

 

Summary: The CRA is responsible for the creation, approval and execution of contracts and instruments necessary to carry out the community redevelopment and related activies with the community redevelopment area.  The CRA Board consists of seven (7) At-Large members from the general public and local businesses within the CRA boundaries.  Ordinance No. 89-6 requires that the Palm Beach County Board of County Commissioners (BCC) appoint the CRA Board Members.  After duly advertising, the CRA held its meeting on May 13, 2024, to nominate candidates to fill seat 6. Ronald L. Daniels, a business owner, has expressed a willingness to be on the CRA Board in Seat 6.  The board has seven (7) seats, six (6) are currently filled, with a diversity count of Caucasian: 4 (59%), African American: 2 (29%).   The gender ratio (male:family) is 3:3.  The nominee Mr. Daniels, who is African American male.  Staff is addressing the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity.  District 2 & 7 (DL)

 

2.         Staff recommends motion to approve:  the following Westgate/Belvedere Homes Community Redevelopment Agency (CRA) Board Officers for the year 2025.

 

Board Member                    Office

Ronald Daniels                    Chair

Joanne Rufty                        Vice-Chair

 

Summary:  The CRA is responsible for the creation, approval and execution of contracts and instruments necessary to carry out the community redevelopment and related activies with the community redevelopment area.  The CRA Board consists of seven (7) At-Large members from residents and local businesses within the CRA boundaries.  At the June 10, 2024 meeting, the CRA Commissioners elected the Chair and Vice-Chair from amongst its Board.  The term shall be 12 months, beginning on the date of approval.  Districts 2 & 7 (DL)

 

 

 

 

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


SEPTEMBER 17, 2024

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

            A.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

                                                1.         Staff recommends motion to:

 

A)   CONDUCT A TAX EQUITY & FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC HEARING AFTER PROPER NOTICE IN THE PALM BEACH POST, AS REQUIRED UNDER SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE”CODE”) CONCERNING THE ISSUANCE OF COUNTY AIRPORT SYSTEM REVENUE BONDS IN TWO SERIES IN A PRINCIPAL AMOUNT NOT EXCEEDING $110,000,000; AND

 

B)  ADOPT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,  FLORIDA SUPPLEMENTING PALM BEACH COUNTY AIRPORT SYSTEM REVENUE BOND RESOLUTION NO. R84-427 ADOPTED APRIL 3, 1984, AS AMENDED IN FULL BY PALM BEACH COUNTY AIRPORT SYSTEM REVENUE BOND RESOLUTION NO. R84-1659 ADOPTED NOVEMBER 1, 1984, AS AMENDED AND SUPPLEMENTED, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $110,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF PALM BEACH COUNTY, FLORIDA AIRPORT SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 2024A (NON-AMT) AND PALM BEACH COUNTY, FLORIDA AIRPORT SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 2024B (AMT) (COLLECTIVELY, THE “SERIES 2024 BONDS”) FOR THE PURPOSE OF FINANCING A PORTION OF CERTAIN CAPITAL PROJECTS DESCRIBED HEREIN AND PAYING ALL COSTS NECESSARY OR INCIDENTAL TO THE FOREGOING, AS MORE FULLY PROVIDED FOR HEREIN; PROVIDING FOR CERTAIN DETAILS OF SUCH SERIES 2024 BONDS; AUTHORIZING THE FORM OF SUCH SERIES 2024 BONDS AND THE EXECUTION AND DELIVERY OF SUCH SERIES 2024 BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SUCH SERIES 2024 BONDS; DELEGATING AUTHORITY TO APPROPRIATE OFFICIALS OF PALM BEACH COUNTY, IN CONSULTATION WITH PALM BEACH COUNTY’S FINANCIAL ADVISOR, TO DETERMINE WHETHER TO SECURE SUCH SERIES 2024 BONDS, ALL OR IN PART, BY A MUNICIPAL BOND INSURANCE POLICY; AUTHORIZE SECURING THE SERIES 2024 BONDS BY A DEBT SERVICE RESERVE ACCOUNT INSURANCE POLICY FOR ALL OF SUCH SERIES 2024 BONDS OR IN LIEU THEREOF, TO CASH FUND THE SERIES 2024 DEBT SERVICE RESERVE SUBACCOUNTWITH A PORTIONOF THE NET PROCEEDS OF THE SERIES 2024 BONDS;


SEPTEMBER 17, 2024

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

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

 

1.         B)  cont’d.: AUTHORIZING THE EXECUTION AND DELIVERY OF AGREEMENTS IN CONNECTION WITH ANY MUNICIPAL BOND INSURANCE POLICY AND THE DEBT SERVICE RESERVE ACCOUNT INSURANCE POLICY AND THE PAYMENT OF THE RELATED PREMIUMS; APPROVING THE FORM OF A BOND PURCHASE AGREEMENT AND DELEGATING AUTHORITY TO APPROPRIATE OFFICIALS OF PALM BEACH COUNTY TO DETERMINE CERTAIN DETAILS OF SUCH SERIES 2024 BONDS AND TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE SERIES 2024 BONDS, ALL SUBJECT TO THE PARAMETERS SET FORTH IN THIS RESOLUTION; APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE SERIES 2024 BONDS AND AUTHORIZING THE EXECUTION AND DELIVERY BY APPROPRIATE OFFICIALS OF PALM BEACH COUNTY OF A FINAL OFFICIAL STATEMENT; APPOINTING THE TRUSTEE, REGISTRAR AND PAYING AGENT FOR SUCH SERIES 2024 BONDS; APPROVING CERTAIN TAX COVENANTS RELATING TO SUCH SERIES 2024 BONDS; PROVIDING FOR THE UNDERTAKING BY PALM BEACH COUNTY REQUIRED BY RULE 15C2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; AUTHORIZING OTHER REQUIRED ACTIONS;   PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

 

Summary: As presented at the April 16, 2024 Board Workshop, the County’s Department of Airports has identified the need for the replacing the Airport Rescue and Fire Fighting Building, replacing the Revenue Control Building, and making capital improvements to Concourse B.  On July 18, 2024, the County Financing Committee (CFC) met to discuss the financing needs and financing alternatives and recommended that the County should proceed with the Series 2024 Airport Revenue Bond financing.  The Series 2024 Airport System Revenue Improvement Bonds will be sold on a tax-exempt basis through a negotiated sale.  The CFC selected J.P. Morgan Securities LLC (Senior Managing Underwriter), RBC Capital Markets, and Raymond James & Associates (Co-Managing Underwriters) through a request for proposal (RFP) process. The Airport System Revenue Improvement Bonds Series 2024B (AMT) are Alternative Minimum Tax bonds.  Alternative Minimum Tax (AMT) bonds are tax-exempt bonds allowed to be issued under the Code to finance projects which have non-governmental use.  The interest rate on these type of bonds is typically higher than bonds that are not subject to the AMT.  The alternative minimum tax may apply to certain high income individuals.  The amount of bonds authorized to be issued is not to exceed $110,000,000.  Countywide (DB)

 

 

SEPTEMBER 17, 2024

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

B.        PALM TRAN

 

                        1.         Staff recommends motion to approve:

 

A) The Program of Projects (POP) and Grant Application 1098-2024-1 for Section 5307 (CFDA 20.507) and Section 5339 (CFDA 20.526) Grant Year 2024 grant allocations from the Federal Transit Administration (FTA). The Palm Beach County Board of County Commissioners (BCC) was allocated $32,074,727, of which $29,837,103 are Section 5307 funds and $2,237,624 are Section 5339 funds. This is a cost-reimbursable agreement that will become effective upon FTA Award and with an anticipated period of performance date of March 30th, 2035;

 

B) The filing of Standard Form LLL - Disclosure of Lobbying Activities;

 

C) The Authorization for the County Administrator or designee to execute on behalf of the BCC, and to electronically transmit the BCC’s approval of the Grant Application, award and the resulting grant agreement; that do not substantially change the scope of work, terms or conditions of the agreement; and

 

D)  An upward Budget Amendment of $32,074,727 in Palm Tran’s Grant Fund 1341 to recognize the actual grant allocation for GY 2024 as detailed in grant application 1098-2024-1.

 

Summary:  The FTA distributes Section 5307 and 5339 grant funds to provide capital and operating assistance for public transportation projects.  The GY 2024 allocation will fund items necessary for the continued operations of the Palm Tran system.  The FTA encourages the submittal of multi-source funding (Super-Grant) grant applications to consolidate allocations for Fixed Route capital projects. This allocation includes the following: $12,210,572 to replace fixed-route buses that have reached their useful life; $2,000,000 to replace paratransit vehicles that have reached their useful life; $1,000,000 for General Planning Consulting contracts; $2,100,000 for tires; $522,149 for safety and security projects; $160,000 for shop equipment; $1,342,186 for automatic data processing (ADP) software and hardware; $45,000 for coin counters; $6,840,000 for Maintenance facility projects; $3,500,000 for Transit Signal Priority; and $2,354,820 for Radio system upgrades.  The GY 2024 allocations have a match requirement of $8,018,682 or 20% of the total project cost.  However, the source of the matching funds comes from Toll Revenue Credits provided by the Florida Department of Transportation (FDOT).  No County funds are required.The grant application also requires the execution of the Disclosure of Lobbying Activities, Form LLL.  Countywide (MM)

 

 


SEPTEMBER 17, 2024

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

This is a quasi-judicial proceeding and disclosures are required

 

 

C.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to adopt:  a resolution approving a Class A Conditional Use to allow a Heavy Repair and Maintenance on 3.42 acres, subject to the Conditions of Approval as indicated in the Staff Report Exhibit C-1. SUMMARY: The item before the Board of County Commissioners (BCC) is a proposed Zoning Application called Project Charlie, SV/CA 2024-00590, by WGI, Inc., agent for the applicants, O'Connor Property Management, LLC and The Salvation Army,  located on the west side of N. Military Trail approximately 1,700 feet south of Belvedere Road.  The request is for a Class A Conditional Use to allow a Heavy Repair and Maintenance on the 3.42 acre site. This is a quasi-judicial proceeding and disclosures are required. District 2 (SAS)

 

 

 

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


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS

 

1.         Staff recommends motion to:  

 

A) approve Term Contract #24-059/DJ for Maintenance of Airport Facilities and Systems (JSM Contract) at Palm Beach International Airport (PBI) with JSM Airport Services, LLC (JSM), commencing on October 1, 2024 and expiring on September 30, 2026, with the option to renew for three (3) additional one (1) year periods, in an amount not to exceed $6,620,728 for the initial two (2) year term;

 

B) authorize the Purchasing Director to terminate Term Contract #21-070/CC, for Maintenance of Airport Facilities and Systems (ERMC Contract) at PBI with ERMC Aviation LLC (ERMC) effective September 30, 2024; and

 

C)  approve a Budget Transfer in the amount of $69,352 in the Airport’s Operations Fund to provide budget for the operating cost of the JSM Contract, including a transfer from reserves in the amount of $69,352.

 

Summary:  ERMC currently maintains passenger boarding bridges, 400 Hertz ground power, cabin air systems, and facility systems (Airport Facilities and Systems) at PBI pursuant to the ERMC Contract, which is scheduled to expire on December 5, 2024.  On April 3, 2024, the Purchasing Department issued Request for Proposals No. 24-059/DJ for the maintenance of the Airport Facilities and Systems at PBI, and the selection committee recommended award to JSM.  The ERMC Contract allows the County to terminate for convenience upon five (5) days prior written notice to ERMC. The Department of Airports is recommending the termination of the ERMC Contract to provide for the orderly transition of services to JSM during October (i.e., prior to the start of peak travel demand in November) to minimize any unanticipated airline impacts that may occur due to the criticality of the Airport Facilities and Systems to airline operations. This item authorizes the Purchasing Director to terminate the ERMC Contract effective September 30, 2024.  The JSM Contract will become effective on October 1, 2024, and provides for an initial term of two (2) years with the option to renew for three (3) additional one (1) year periods. The total not to exceed amount for the JSM Contract is $6,620,728, which includes funding for routine maintenance and repair as well as special project work. Airlines operating at PBI will pay the full cost of the JSM Contract through rates and charges established annually in accordance with the Signatory Airline Agreement (R2019-1155).  JSM’s principal place of business is in Apopka, Florida.


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

1.         SUMMARY (cont’d.): The project was presented to the Goal Setting Committee (Committee) on December 20, 2023, and the Committee established an Affirmative Procurement Initiative (API) of Small Business Enterprise (SBE) Evaluation Preference for SBE Participation up to 15%. JSM committed to 0.62% participation and received zero Evaluation Preference Points. The proposed SBE participation for the JSM Contract is 0.62%.  Pursuant to changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a medium hub commercial service airport may not approve purchases of contractual services in excess of $1,000,000 on a consent agenda. The JSM Contract exceeds the threshold amount and is required to be considered on the regular agenda.  Countywide (AH)

 

 


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

B.        HOUSING & ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to approve: allocation of Community Development Block Grant (CDBG) funding of $80,000 to Mental Health America of the Palm Beaches, Inc. (MHA) for improvements to its facility. SUMMARY: The Department of Housing and Economic Development (DHED) has identified $80,000 in CDBG funds recaptured from projects in previous fiscal years that were successfully completed under budget or projects that did not move forward.  DHED proposes that these funds support a public facility project in Fiscal Year 2024-2025. MHA is a local non-profit organization that is dedicated to the promotion of mental health, well-being, and preventive services. Their agency is a part of a network of 143 affiliates in 38 states that service the needs of persons struggling with mental illness through their support and advocacy. MHA’s Fern Street Clubhouse location is a 3,375 square foot facility located at 909 Fern Street, West Palm Beach, FL 33401. The facility’s roof and air conditioning systems have exceeded their useful life and require replacement. The improvements will allow the agency to continue to provide mental health services in the community, including case management and crisis intervention, with over 1,700 mental health and peer supportive service interactions, as well as 540 employment supportive services. The Clubhouse model is a community-based approach where members work alongside staff in a work-ordered day to build skills, relationships and confidence. The total project cost is estimated to be $119,000, and MHA will fund the full non-CDBG balance of the cost. These are Federal CDBG funds which do not require a local match. District 2 (HJF)


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

B.        HOUSING & ECONOMIC DEVELOPMENT (cont’d.)

 

2.         Staff recommends motion to approve: allocation of Community Development Block Grant (CDBG) funding of $200,000 to The Path to College Foundation, Inc. (PTCF) for the Catapult Youth Mentoring Center (CYMC). SUMMARY: The Department of Housing and Economic Development (DHED) has identified $200,000 in CDBG funds recaptured from various fiscal years from projects that were successfully completed under budget or projects that did not move forward. DHED is proposing that these funds be used for improvements to a building located at 1213 Lake Avenue in the City of Lake Worth Beach that will house the CYMC. Improvements to the facility will include interior/exterior painting, interior framing, elevator, flooring, and other fixtures. PTCF is a local non-profit organization that transforms and connects communities’ one driven student at a time – helping those who are willing and ready to help themselves, empowering the community’s best and brightest regardless of race or financial background. The CYMC will provide students with mentoring, career-aptitude assessment, scholastic aptitude test preparation, academic tutoring, resume creation, college search guidance and application, and scholarship application services. The services will be free of charge to students. Per CDBG requirements, at least 51% of the clientele will be persons whose household income is no greater than 80% of Area Median Income. The total cost of the project is estimated to be $1,565,300, and PTCF will fund the non-CDBG balance of cost. These are Federal CDBG funds which do not require a local match. District 3 (HJF)


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

B.        HOUSING & ECONOMIC DEVELOPMENT (cont’d.)

 

3.         Staff recommends motion to approve:

 

A)  Economic Development Agreement with The 1909 Foundation, Inc. d/b/a 1909 (1909) in the amount of $250,000 for the period October 1, 2024 to September 30, 2026;

 

B) a Budget Transfer of $250,000 in the 25.0M GO 03, Recreational & Cultural Facilities Fund to recognize receipt and transfer of funds to the Economic Development Fund; and

 

C) a Budget Amendment of $250,000 in the Economic Development Fund to recognize the transfer from the 25.0M GO 03, Recreational & Cultural Facilities Fund.

 

SUMMARY: The Board of County Commissioners (BCC) directed staff to reallocate the $250,000 from the City of West Palm Beach Photographic Centre Settlement Agreement dated January 30, 2024 (R2024-0123), to 1909 at its February 6, 2024 meeting. The Agreement requires 1909 to undertake the development of a comprehensive Scale-Up Initiative for small businesses. This initiative aims to facilitate the growth of 1909 by enhancing its program offerings and providing improved access to essential business resources for startups in Palm Beach County. The primary objective is to support these local businesses in achieving substantial progress, thereby eliminating the necessity for them to relocate to other markets for success.  Annually, 1909 will be required to provide, including, but not limited to: enrollment of at least 12 businesses in the Scale-Up Initiative: a minimum of 100 mentorship hours to 16 unduplicated businesses; creation of at least ten (10) new full-time equivalent jobs with an emphasis placed on making best efforts in creating jobs for low and moderate income persons; two (2) networking events and two (2) investor events; subsidized workspace to entrepreneurs at 30% below market rate; and other support services including providing information resources to businesses on becoming a Palm Beach County Registered Vendor, and, when applicable, certified small, minority or women business enterprise. Countywide (DB)

 


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

B.        HOUSING & ECONOMIC DEVELOPMENT (cont’d.)

 

4.         Staff recommends motion to approve:

 

A)  The proposed Fiscal Year 2024-2025 State Housing Initiatives Partnership (SHIP) Program for the period of July 1, 2024 through June 30, 2027 in the amount of $8,329,252 for affordable housing strategies as follows:

 

·   Purchase Assistance with/without Rehabilitation                       $1,500,000

·   Foreclosure Prevention                                                                  $   529,252

·   Owner Occupied Housing Rehabilitation                                    $1,500,000

·   Emergency Repairs                                                                         $1,300,000

·   Single Family New Construction                                                   $1,000,000

·   Developer Rental Assistance Program                                        $1,000,000

·   Project Delivery                                                                                $   667,100

·   Administrative Costs                                                                        $   832,900; and

 

B)  A Budget Amendment in the amount of $1,973,024 of the Affordable Housing Trust Fund to align the budget with grant funding allocation for the Fiscal Year 2024-2025 SHIP Program.

 

SUMMARY:  Palm Beach County receives an annual allocation from the State of Florida Housing Finance Corporation (FHFC) through the SHIP Program to implement various affordable housing programs and other related activities.  On April 12, 2022, the Board of County Commissioners (BCC) approved the SHIP Local Housing Assistance Plan (LHAP) for fiscal years 2022-2023, 2023-2024 and 2024-2025 (R2022-0374). For Fiscal Year 2024-2025, Palm Beach County will receive $8,329,252 (CSFA # 40.901), and the budget amendment is required to align this grant allocation with the Affordable Housing Trust Fund.  This is a reduction of $4,134,079 from the $12,463,331 award for FY2023-2024. Recommendations were based on the identified needs over the past year. At the July 18, 2024 public meeting of the Commission on Affordable Housing, staff’s proposed budget recommendations, received unanimous support.  SHIP regulations require that a minimum of 65% of a local jurisdiction’s SHIP funding be allocated to homeownership activities, and 20% of the fiscal year’s funding allocation be expended on special needs households. Special needs households will be assisted through the Purchase Assistance, Foreclosure Prevention, Owner-Occupied Housing Rehabilitation, Emergency Repairs, Single Family New Construction and the Developer Rental Assistance Program strategies.  In accordance with SHIP regulations, the funds need to be encumbered within two (2) years and expended within three (3) years of allocation.  These are State SHIP funds which require no local match.  Countywide (HJF)

 

 

SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

C.        OFFICE OF RESILIENCE

 

1.         Staff recommends motion to approve: a Sub-recipient Agreement (Agreement) with Community Greening Corp, for a period beginning upon execution through February 28, 2027, in an amount not to exceed $1,000,000 for the term of this agreement, to provide professional/consultation services in the area of urban forestry and engagement services to implement the Resilient Glades Tree Campaign (Project).  SUMMARY: Palm Beach County (PBC) has been awarded a grant from the Environmental Protection Agency (EPA) Environmental Justice Government-to-Government (EJG2G) Program. The EPA EJG2G Program provides funding to support activities that lead to measurable environmental and/or public health impacts in communities disproportionately burdened by environmental harms. The Agreement reimburses the County up to $1,000,000 to improve air quality and reduce heat islands in Western Palm Beach County through tree plantings in County parks and tree giveaways. The Glades region of PBC, comprised of Belle Glade, South Bay, Pahokee, and Canal Point, faces significant poverty, health issues, limited access to essential services, climate change impacts, and insufficient tree canopy coverage, further hindering residents' quality of life. PBC has completed landscape design to increase tree canopy coverage at the following six (6) County parks in the Glades: Canal Point Recreation Area, Duncan Padgett Park, John Stretch Park, Glades Pioneer Park, Triangle Park, and Paul Rardin Park. Staff is seeking approval to contract with Community Greening Corp, a local urban forestry 501(c)(3) non-profit, to manage the Project. Because Community Greening is a non-profit, the County can directly procure services with them. Community Greening will conduct seven (7) planting events where they will plant 376 trees across six (6) County parks to increase equitable access to shaded outdoor recreational areas. The Project will also enable Community Greening to hold a minimum of six (6) tree distribution events and give away 2,000 trees to Glades residents to increase resident tree canopy coverage, including fruit-bearing trees to increase fresh food access. Additionally, Community Greening will create one (1) urban orchard to increase community food resilience and will provide community outreach, education, tree maintenance, and workforce development for youth to learn how to plant and care for the trees. No match is required for this grant. There is no net cost to the County. District 6 (RM)

 


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

D.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) approve on preliminary reading and permission to advertise for public hearing on October 22, 2024 at 9:30am: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida to be entitled “The Palm Beach County Real Property Acquisition, Disposition and Leasing Ordinance” (PREM Ordinance), repealing and replacing Chapter 22, Article VI of the Palm Beach County Code providing for a title, providing for definitions; providing for determination of value; providing for standards and procedures for the sale, lease, development, management, or operation of real property; providing for delegation of authority; providing for supermajority vote; providing for the property review committee; providing for unsolicited proposals; providing for repeal of laws and ordinances 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 an effective date;

 

B) receive and file Business Impact Estimate (BIE) of the proposed PREM Ordinance; and

 

C)  receive and file Staff’s report on the operations of the Property Review Committee (PRC).

 

Summary:  The current PREM Ordinance was enacted in 2002 by means of Ordinance No. 2002-067, which in turn was amended by Ordinance No. 2009-052 to incorporate the establishment of the PRC and by Ordinance 2019-038 to exempt the sale of workforce housing units from certain provisions of the Ordinance and to revise the conditions for PRC review.  The PREM Ordinance warrants revisions to reflect current market conditions and optimize efficiencies in processes and procedures. Staff started working on proposed revisions to the PREM Ordinance approximately five (5) years ago; however, the ordinance was put on hold pending approval of the revisions to the Purchasing Ordinance to ensure consistency and compatibility with same.  On May 14, 2024, the Board of County Commissioners (BCC) approved the revisions to the Purchasing Ordinance.  The proposed revisions to the PREM Ordinance seek to clarify, update, and codify the procedures by which County transacts real property related matters. It also adds a new section related to unsolicited proposals which mirrors the language recently approved under the Purchasing Ordinance. Staff seeks approval of a preliminary reading of the proposed revised PREM Ordinance and approval to advertise for a public hearing.

 


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

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

 

1.         SUMMARY (cont’d.): On February 23, 2010, the BCC established the PRC pursuant to Resolution No. 2010-0292, which has been repealed and replaced twice. In October 2023, by Resolution No. 2013-1421, to comply with the BCC’s uniform policies and procedures on advisory boards; and in October 2019, by Resolution No. 2019-1585, to reduce the number of PRC members from five (5) to three (3).  The PRC reviews, evaluates and advises the BCC regarding real estate transactions involving the purchase, sale or exchange of fee simple title to real property if certain triggers or thresholds are met.  Section 11 of Resolution No. 2019-1585 requires the BCC to review the effectiveness of the PRC on or about February 23, 2025 in order to determine whether a public need exists for the continuation of the committee. To assist the BCC in its review, Staff’s report on the operations of the PRC are provided in more detail in Attachment 5. Included as Attachment 6 to this agenda item is the BIE required pursuant to Section 125.66(3)(a), Florida Statutes. (Property & Real Estate Management) Countywide (HJF)

 


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

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

 

2.         Staff recommends motion to authorize: staff to negotiate the acquisition, from Rore Asset 5981, LLC (Seller), of an approximately 2.99 acres parcel improved with a 114-room hotel located on 5981 Okeechobee Boulevard, West Palm Beach (Property).  Summary: Following approval of House Bill 1365, Unauthorized Public Camping and Public Sleeping, which effective date is October 1, 2024, staff has been actively exploring opportunities to provide temporary housing accommodations to individuals/families in need. As part of said ongoing effort, staff identified the subject property for sale and engaged in preliminary conversations with Seller. The property was initially listed for $16M, and is currently scheduled to go to auction on September 23-25, 2024. Seller consented with staff securing appraisals on the Property.  Appraisals were obtained from Callaway and Price, Inc. and Appraisal Acquisition Consultants, the same remain under review and point towards a fair market value of approximately $14M. If staff is authorized to enter into negotiations with Seller, the same would be based on the final appraisals and an assessment of the Property’s condition. As the hotel on the Property is currently operational, acquisition of the same would allow the County to make available in short order 114 rooms to serve the most pressing temporary housing needs. The County’s Community Services Department will lead the efforts to secure the agreements necessary for the daily operations of the facility. Since this is not a planned project, budget for the same has not been approved. However, staff has identified several potential funding sources including, but not limited to, American Rescue Plan (ARPA) Replacement Funds and Infrastructure Sales Tax (Housing Units for Homeless, Extremely Low Income and Low Income) funds. If negotiations prove successful, staff will bring back at a later time for approval by the Board of County Commissioners an Agreement for Purchase and Sale to purchase the Property.  (Property & Real Estate Management) District 2 (HJF)


SEPTEMBER 17, 2024

 

 

5.         REGULAR AGENDA

 

 

E.        WESTGATE/BELVEDERE COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida approving the Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA) Fiscal Year 2025 (FY 2025) Budget for its Redevelopment Trust (Operating) Fund, Capital Improvement Fund, Transportation Planning Agency Grants and Debt Service Fund.   Summary: The Budget is comprised of four (4) components; (1) The Redevelopment Trust Fund, in the amount of $5,136,884, represents the CRA’s Annual Tax Increment Financing (TIF), rental income and balance brought forward from previous year. TIF revenues will be used for payments to Florida Power & Light for street lighting, CRA operations and other programs and projects; (2) The Capital Improvement Fund, in the amount of $3,920,000, represents projected loan proceeds, balances of reimbursable grants awarded to the CRA by County, State, and Federal governments for construction activities; (3) The Transportation Planning Agency (TPA) Fund in the amount of $3,500,000 represents construction funds expected to be reimbursed by the TPA and the Florida Department of Transportation (FDOT); and (4) The Debt Service Fund in the amount of $915,000 represents funds set aside for loan repayment. Districts 2 and 7 (RS)

 

 

 

 

 

 

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


SEPTEMBER 17, 2024

 

 

 6.        BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


SEPTEMBER 17, 2024

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


SEPTEMBER 17, 2024

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

           

 

District 3 – COMMISSIONER MICHAEL A. BARNETT

 

 

 

 

 

District 4 – COMMISSIONER MARCI WOODWARD

 

 

 

 

District 5 - COMMISSIONER MARIA SACHS

 

 

 

 

District 6 - COMMISSIONER SARA BAXTER

 

           

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 


SEPTEMBER 17, 2024

 

 

9.         ADJOURNMENT

 

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