BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 10, 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 11 - 65)
4. SPECIAL
PRESENTATIONS (Page 66)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 67)
6. REGULAR
AGENDA (Pages 68 - 82)
7. BOARD
APPOINTMENTS (Page 83)
8. STAFF
COMMENTS (Page 84)
9. BCC
COMMENTS (Page 85)
10. ADJOURNMENT (Page 86)
* * * * * * * * * * *
DECEMBER 10, 2024
CONSENT AGENDA
A. ADMINISTRATION
Page 11
3A-1 Contract with the Department of Health for Environmental Health
and Engineering
3A-2 Tri-party Interlocal
Agreement with the School Board of Palm Beach County, the Department of Health
and the Board of County Commissioners regarding the use of school facilities.
Page 12
3A-3 Ratify the Palm Beach County League of
Cities representatives to the Treasure Coast Regional Planning Council for
2025.
Page 13
3A-4 Reappointment of one (1) member to the
Florida Atlantic Research & Development Authority.
B. CLERK & COMPTROLLER
Page 14
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 List
of Clerk & Comptroller Finance Department records scheduled for
destruction.
Page 15
3B-6 Annual
financial reports, excess fees, and unexpended budget for FY 2023-2024 for the
Clerk & Comptroller.
C. ENGINEERING & PUBLIC WORKS
Page 15
3C-1 Seven
Resolutions declaring the acquisition of properties designated as temporary
construction easements.
3C-2 Report
of plat recordations from April 2024 through
September 2024.
D. COUNTY ATTORNEY
Page 16
3D-1 Settlement
Agreement in the personal injury action styled Amber V. Reyna.
3D-2 Settlement in the eminent domain action
styled Palm Beach County v. Swordfish Properties Corp., et al.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES
Page 17
3E-1 Appointment
of one new member and reappointment of one member to the Community Action
Advisory Board.
F. AIRPORTS
Page 18
3F-1 Three Amendments for Extension for Public
Transportation Grant Agreements at PBI.
Page 19
3F-2 Change Order No. 6 with Alen
Construction Group, Inc. to the 400 Hz Ground Power Unit Point of Use
Replacement Project extending the date.
Page 20
3F-3 Six Amendments for Extension for Public
Transportation Grant Agreements at PBI.
Page 21
3F-4 Modification P00001 to Other Transaction
Agreement with United States of America TSA replacing the equipment schedule
and extending the period at PBI.
3F-5 Non-signatory Airline Agreement with Porter
Airlines Limited Co Airline to utilize the commercial terminal facilities at
PBI.
Page 22
3F-6 Registration for Distribution of Literature
or Picketing at PBI issued to South Florida Public Witnessing, Inc. at PBI.
3F-7 Amendment No. 1 to Public Transportation
Grant Agreement with FDOT modifying the project location and extending the
expiration date at PBI.
Page 23
3F-8 Public Transportation Grant Agreement with
FDOT for Airfield Pavement Maintenance and Rehabilitation Project at North Palm
Beach County General Aviation Airport.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 24
3H-1 Standard
License Agreements for the Use of County-Owned Property with Fitness 4 Older
Adults, LLC and Senior Friendly Fitness LLC.
3H-2 Fifth
Amendment with Historical Society of Palm Beach County for the use of 1916
Courthouse in West Palm Beach abating rent.
Page 25
3H-3 First
Amendment with Dune Dog Beach Café, LLC increasing the initial capital
investment amount, increasing the initial term and increasing the extension
options.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 26
3H-4 Work
Order No. 24-001 with Joe Schmidt Construction, Inc. for the Main Detention
Center, East Tower-Interior Painting project.
Page 27
3H-5 Annual
Contract with Integrated Fire & Security Solutions Inc. for low voltage
services on an as-needed basis.
Page 28 - 29
3H-6 Increase
to the maximum cumulative value for the annual heating ventilation and air
conditioning contract.
Page 30
3H-7 Increase
to the maximum dollar value of the annual minor construction contract.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 31
3I-1 Resolution for multi-family bonds.
Page 32 - 33
3I-2 Resolution for outstanding bonds for Palm
Beach County Health Facilities Authority.
Page 34
3I-3 Funding Approval/Agreement with HUD for
CDBG, HOME and ESG programs.
Page 35
3I-4 Amendment 001 to Loan Agreement with
Housing Partnership and a Mortgage Modification Agreement.
Page 36
3I-5 Amendment 006 to Loan Agreement with
Habitat Housing Solutions, Inc. for the construction of three single family affordable
housing units in the Glades area.
Page 37
3I-6 Amendment 005 to Loan Agreement with
Habitat Housing Solutions, Inc. for the construction of five single family
affordable housing units within Palm Beach County.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
J. PLANNING, ZONING & BUILDING
Page 38
3J-1 Amend
the 2024 Palm Beach County Legislative agenda to address the organization that
can nominate local construction industry to serve on the Building Code Advisory
Board of Palm Beach County.
Page 39
3J-2 Appointment
of one member to the Construction Industry Licensing Board.
K. WATER UTILITIES
Page 40
3K-1 Contract
with Johnson-Davis Incorporated for the Belle Glade Water Main Improvements –
SE Zone 4 Water System Replacement project.
Page 41 - 42
3K-2 Contract
with Lift Station 5015 Conversion to Repump with
Foster Marine Contractors, Inc.
Page 43
3K-3 Amendment
No. 1 with FDEP for the Western Region Wastewater Treatment Facility Sand and
Grit Removal.
S. FIRE RESCUE
Page 44
3S-1 Municipal
Ordinance No. 10-2024 of the Town of Lake Park providing consent to participate
in the County’s Fire/Rescue Municipal Services Taxing Unit.
Page 45
3S-2 Executed
Drone Replacement Program Financial Assistance Agreement with FDLE.
Page 46
3S-3 Interlocal Agreement for Fire-Rescue Dispatch Services with
the Town of Jupiter.
Page 47
3S-4 Ratify
an Amendment to the 2023 Statewide Mutual Aid Agreement with FL-DEM and ratify
multiple Resource Support Agreements.
Page 48
3S-5 Write-off
uncollectible emergency transport patient accounts from the County’s general
ledger from 2019 through 2020.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
U. INFORMATION SYSTEMS SERVICES
Page 48
3U-1 Termination
Agreement with the City of Jacksonville for the Inspector General Information
Management system case management software services.
X. PUBLIC SAFETY
Page 49
3X-1 First
Amendment with Choice to Change, Inc. to organize community service events for
youth reentry participants to earn community service hours.
Page 50
3X-2 Executed
PBSO LETF Agreement that provides partial funding of expenses associated with
regulation of home caregivers.
AA. PALM TRAN
Page 50
3AA-1 Contract with The ARC of Palm Beach County,
Inc. for transportation of individuals with disabilities, seniors and
transportation disadvantaged individuals.
Page 51
3AA-2 Certification of Palm Tran’s general
administrative costs required by Florida Statutes.
Page 52
3AA-3 Adopt a Resolution for 2025 Public
Transportation Grant Agreement for urbanized public transportation operating
assistance.
BB. YOUTH SERVICES
Page 53
3BB-1 Afterschool Arts Outreach Agreement with Norton
Museum of Art, Inc.
Page 54
3BB-2 Contractual Services Agreement Professional
Psychological or Expert Witness Services in Adult and/or Juvenile Criminal
Matters Agreement with the Fifteenth Judicial Circuit.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
Page 54
3CC-1 Budget Transfer from LETF to update and enhance
the communication equipment of the Special Operations Division.
Page 55
3CC-2 Grant Award for PBSO from FDLE for the State
Assistance of Fentanyl Eradication in Florida Program.
Page 56
3CC-3 Homeland Security FY 2024 Targeted Violence and
Terrorism Prevention Grant Program grant award.
Page 57
3CC-4 Receive a grant on behalf of PBSO for Reducing
Injury and Death of Missing Individuals with Dementia and Development
Disabilities.
3CC-5 Receive a microgrant
on behalf of PBSO for Community Policing Development Microgrant.
Page 58
3CC-6 Award for PBSO for Victim of Crime Act.
DD. OFFICE OF EQUAL OPPORTUNITY
Page 59
3DD-1 Appointment of one member to the Commission on
Women Advisory Board.
3DD-2 Amendment No. 2 with Legal Aid Society of Palm Beach County for a
time period of 12 months.
Page 60
3DD-3 Extension of Worksharing Agreement FY 2025
with U.S. EEOC to provide individuals with an efficient procedure for obtaining
redress for their greivances.
EE. OFFICE EQUAL BUSINESS OPPORTUNITY
Page 61 - 62
3EE-1 Appointment of four to the Equal Business
Opportunity Advisory Committee.
FF. INTERNAL AUDITOR
Page 63
3FF-1 Appointment of one to the Internal Audit
Committee.
DECEMBER 10, 2024
TABLE OF CONTENTS
CONSENT AGENDA
GG. TOURIST DEVELOPMENT COUNCIL
Page 64
3GG-1Category G Grant
Agreement with Players International Management, Inc.
Page 65
3GG-2 Category G Grant Agreements with Perfect
Game USA and Orlando Youth Hockey
Association, Inc.
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 66
4A Impaired Driving Awareness
4B Loggerhead Marinelife
Center
4C Palm Beach County Family Caregivers
4D Palm Beach County Disability Employment
Awareness
4E PBSO District 15 Street Crimes Unit
Agents (3)
PUBLIC HEARINGS – 9:30 A.M.
A. PALM TRAN
Page 67
5A-1 Grant Application with FTA, Program of Projects
for Flex Funds Grant allocations, filing of Standard Form LLL – Disclosure of
Lobbying Activities.
REGULAR AGENDA
A. AIRPORTS
Page 68
6A-1 Resolution establishing maximum parking rate
for public parking at PBI.
B. FACILITIES
DEVELOPMENT & OPERATIONS
Page 69
6B-1 Assignment and Assumption of Offsite
Drainage Easement from Atlantic Commons Associates, LLLP for positive storm
water outfall.
DECEMBER 10, 2024
TABLE OF CONTENTS
REGULAR AGENDA
C. HOUSING & ECONOMIC DEVELOPMENT
Page 70
6C-1 HOME Investment Partnerships Program
Community Housing Development Organization funding award to Habitat Housing
Solutions, Inc.
Page 71
6C-2 Revised Impact Fee Affordable Housing
Assistance Program Guidelines.
Page 72
6C-3 Budget Transfer and Budget Amendment from the
Housing Initiative Fund for the construction of two single family housing
units.
Page 73 - 74
6C-4 General Obligation Housing Bond Loan Program
for the Residences at Lake Worth Beach Apartments.
Page 75
6C-5 General Obligation Housing Bond Loan Program
for the Residences at Marina Village, LLC.
6C-6 General Obligation Housing Bond Loan Program
for the Gallery at Sunset Park, LLC.
Page 76 - 77
6C-7 HOME American Rescue Plan Program award to
Fort Lauderdale Independence Training and Education Center, Inc.
Page 77
6C-8 Conceptually approve Housing Bond Loan
Program for current funded projects.
D. OFFICE OF EQUAL BUSINESS OPPORTUNITY
Page 78 - 79
6D-1 Preliminary Reading and permission to
advertise Ordinance to amend, repeal and replace for consistency between the
Procurement and/or Purchasing Code.
E. PLANNING, ZONING, & BUILDING
Page 80
6E-1 Issuance of the Countywide Transportation
Master Plan Request for Proposal.
F. PARKS & RECREATION
Page 81
6F-1 County Parks and Recreation Long-Range Master
Plan through 2035.
DECEMBER 10, 2024
TABLE OF CONTENTS
REGULAR AGENDA
G. OFFICE OF EQUAL OPPORTUNITY
Page 82
6G-1 Annual report of the Advisory Commission on
Women.
BOARD APPOINTMENTS (Page 83)
STAFF COMMENTS (Page 84)
BCC COMMENTS (Page 85)
ADJOURNMENT (Page 86)
DECEMBER 10, 2024
A. ADMINISTRATION
1. Staff
recommends motion to approve: A Contract
with the Department of Health (DOH) in the amount of $2,417,282 for
Environmental Health and Engineering programs provided by the Palm Beach County
Health Department (CHD) for the period October 1, 2024, through September 30,
2025. SUMMARY: This Contract sets forth the funding responsibilities of
the DOH and the County for the operation of the CHD. The State and County share
in the funding of the $11,111,667 Environmental Health Budget. The State's
share is $2,784,030 (25.06%) primarily from State general revenue and fees.
Funding from the County's FY 2025 budget is $2,417,282 (21.75%), which includes
Childcare Enforcement & Control Funding in the amount of $157,436 and is a
5% increase from FY 2024 funding. The remaining local share of 53.19% is
comprised of County authorized fees of $4,422,068 (39.80%), federal funds of
$287,305 (2.59%), Department of Environmental Protection (DEP) Funds of $98,518
(0.89%), and Air Pollution Tag Fees of $1,102,464 (9.92%). County funding is
used primarily for staff related salaries and benefits. The environmental
staffing is responsible for surveillance of public drinking water systems,
permitting and inspection of septic tanks, regulation of air pollution sources,
inspection and licensing of childcare and other group care facilities, and
other duties related to environmental health. The Childcare Enforcement &
Control funding provides funding for a full-time attorney who serves as the
Acting Environmental Control Officer for the Environmental Control Hearing
Board. The attorney also provides legal services to the Environmental Appeals
Board and the Childcare Advisory Council.
The Childcare Enforcement & Control funding also provides funding
for a half-time paralegal position to support the attorney working for the
County Boards. County funds are included in the FY 2025 budget. No additional
funds are requested. Countywide (HH)
2. Staff recommends
motion to approve:
tri-party Interlocal Agreement with the School Board
of Palm Beach County (School Board), the State of Florida Department of Health
in Palm Beach County (Health Department), and the Board of County Commissioners
(BCC) regarding the use of school facilities for points of dispensing (PODS)
medical and emergency services during a declared state of emergency. SUMMARY: This Agreement provides for
the use of specified public school facilities by the County and Health
Department as emergency facilities in advance, during, and immediately after a
declared state of emergency. The designated facilities will be made available
for the use of dispensing medications and/or vaccines from the Centers for
Disease Control and Prevention’s National Stockpile. The PODS would be operated
by the Health Department with staff support from the School Board. The
Agreement requires the County to reimburse the School Board for all costs not
reimbursed by the Federal Emergency Management Agency (FEMA) associated with
the use of school facilities Countywide (HH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
3. Staff recommends
motion to ratify: the
following Palm Beach County League of Cities (League) representatives to the
Treasure Coast Regional Planning Council (TCRPC), beginning January 1, 2025
through December 31, 2025:
Nominees Seat
No. Representing
Regular
appointments:
Greg Langowski,
Vice Mayor 4 City
of Westlake
Jeff Hmara,
Mayor 5 Village
of Royal Palm Beach
Yvette Drucker, Deputy
Mayor 6 City
of Boca Raton
Christopher McVoy, Vice Mayor 7 City
of Lake Worth Beach
Chelsea Reed, Mayor 8 City
of Palm Beach Gardens
Alternate appointments:
Joaquin Almazan,
Vice Mayor 4A City
of Belle Glade
Joseph Peduzzi,
Commissioner 5A City
of West Palm Beach
Carolyn Cassidy,
Commissioner 6A Town
of Ocean Ridge
Judith Thomas, Commissioner
7A Town of Lake Park
Deborah Searcy, Mayor 8A Village
of North Palm Beach
Summary:
TCRPC discusses
local government comprehensive plans, developments of regional impact and other
regional planning activities. In
accordance with the TCRPC Rules of Order, the Board of County Commissioners
(BCC) appointed its members and alternates for the coming year. The TCRPC Rules
of Order also require the League to appoint municipal representatives and for
the BCC to ratify them. The League appointed the above municipal
representatives. There are currently no vacancies. Countywide (DL)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
4. Staff recommends
motion to approve: the reappointment of one individual to the Florida
Atlantic Research & Development Authority (Authority) for the period
December 10, 2024 through December 9, 2028:
Re-Appoint Seat No. Seat Requirement Nominated
By
Sherry Ambrose 2 PBC
Resident/Employed Commissioner
Woodward
In the Private Sector
Summary: On October 3, 1985, the Board of County Commissioners (BCC) adopted
Ordinance No. 85-32, which created the Florida Atlantic Research &
Development Authority. The Authority is
comprised of seven (7) members: three (3) Palm Beach County representatives,
three (3) Broward County representatives and the President of Florida Atlantic
University or designee. Representatives must
be employed in the private sector and reside in the County in which they
represent. Even though these are at-large appointments, historically, staff has
requested nominations for the Authority from the District 4 Commissioner and
the District 5 Commissioner for seats #1 and #3. Seat #2 is an at-large
appointment, nominated by the entire BCC. The current diversity of the two (2)
Palm Beach County representatives is: two (2) Caucasian males. Ms. Ambrose is a
Caucasian female. Countywide (HH)
DECEMBER 10, 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
November
5, 2024 Regular
November
6, 2024 Comprehensive Plan
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during October 2024. Countywide
5. Staff recommends
motion to receive and file: A list of Clerk &
Comptroller (Clerk) Finance Department records which have met the revised
required State retention schedule and are scheduled for destruction. Summary: These records have met the required retention schedule of the
Florida Division of Library and Information Services per Sections 28.30, 28.31,
257.36 (6), Florida Statutes. Countywide
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
6. Staff recommends
motion to receive and file: Annual financial reports, excess fees, and unexpended
budget for Fiscal Year 2023-2024 for the Clerk & Comptroller, Tax
Collector, and Property Appraiser. Summary: The financial reports of these
Constitutional Officers were submitted to the Office of the Clerk &
Comptroller on or before October 31, 2024, in accordance with Section 218.36,
Florida Statutes. The amounts shown for the Tax Collector and the Property Appraiser
represent the total payment to the County. A portion of these revenues are
budgeted in the Library, Fire Rescue, and various other special revenue funds.
The amounts shown as additional/decrease in excess fees will be included in the
adjustment for additional balances brought forward, which will be brought to
the Board of County Commissioners in March 2025. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: seven (7) Resolutions declaring the
acquisition of properties designated as Parcels 103 and 104 as fee simple
right-of-way, and Parcels 303, 304, 305, 306, 307, 308, 309A, 309B and 309C as
temporary construction easements, necessary for the construction of roadway
improvements on Church Street from Limestone Creek Road to Central Boulevard
(Project). SUMMARY: Adoption
of the Resolutions will initiate eminent domain proceedings pursuant to Chapters
73, 74, 127, and 337.27, Florida
Statutes, as amended, against eleven
(11) parcels having a total appraised value of $116,615. The parcels are
necessary to construct a 2-lane roadway with shoulders, curb and gutter, an 8
foot sidewalk on the north side, a roundabout, and drainage improvements. The
property owners have not accepted the
offers to purchase made by Palm Beach County (County) and attempts to negotiate
the purchases have been unsuccessful.
Eminent domain proceedings are necessary to acquire the parcels at this
time in order to expedite construction of the Project. This Project is
included in the Five Year Road Program. District 1 (DO)
2. Staff recommends
motion to receive and file: a report of plat recordations
from April 1, 2024 through September 30, 2024. SUMMARY:
This report is a bi-annual summary of subdivision plats recorded during the
fiscal quarters since the previous report. There were 16 plats recorded during
this period. This report is required by the Department of Engineering and
Public Works Policies and Procedures Manual No. EL-O-2618, governing
administrative approval of plats by the County Engineer. Countywide
(YBH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$150,000, in the personal injury action styled Amber V. Reyna v. Palm
Beach County, Case No. 2023CA004334MBAF. Summary: This is a
personal injury lawsuit arising from a motor vehicle accident that occurred on
September 3, 2022, when a Palm Tran Bus ran a red light and crashed into
Plaintiff, whose car was lawfully in the intersection. The accident occurred on South Dixie Highway
and East Central Boulevard in the Town of Lantana. The accident resulted in personal injuries to
Ms. Reyna, for which she underwent multiple surgical procedures, and incurred medical
bills of approximately $126,961.81. Palm Beach County has entered into an
agreement to settle the lawsuit with Ms. Reyna in the total amount of $150,000,
inclusive of attorney’s fees and costs, pending approval by the Palm Beach
County Board of County Commissioners (BCC). Countywide (AMP)
2. Staff recommends a
motion to approve: a settlement, in the total amount of $952,054.25, inclusive of attorney’s fees,
expert fees, and costs, in the eminent domain action styled Palm Beach
County v Swordfish Properties Corp., et al., Case No.: 502024CA005450XXXMB.
Summary: Under the
proposed Settlement Agreement in this pending eminent domain proceeding, Palm
Beach County (County) will acquire Parcel 103, a permanent taking, and Parcel
303, a temporary construction easement, for the widening of Old Dixie Highway
from Yamato Road to South of Linton Boulevard. Compensation for these parcels
is $783,200, which includes business damages, in addition to statutory
attorney's fees, experts’ fees and costs of $168,854.25, for a total amount of
$952,054.25. This settlement will resolve the eminent domain proceedings as it
relates to parcels 103 and 303. District 4 (DO)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) appointment of one
(1) new nominee to the Community Action Advisory Board (CAAB), for the term
beginning December 10, 2024 through September 30, 2025; and
|
Seat No. |
Appointment |
Seat Requirement |
|
12 |
Gabrielle Monroe |
Representative of the
Low-Income Sector |
B) reappointment of
one (1) nominee to the CAAB, for the term beginning December 10, 2024 through
September 30, 2027:
Seat No. Appointment Seat
Requirement
14 Yves
Saint-Hillien Representative
of the
Low-Income
Sector
Summary: Community Action Agencies (CAA)
were created by the Economic Opportunity Act of 1964 on the premise that
local citizens are the most knowledgeable and best equipped to address
poverty-related issues in their communities. Per Resolution No. R2018-0372,
adopted April 10, 2018, amending Resolution R2014-0588, the CAA is governed by
a board of up to 15 directors. The board
must include 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 targeted
neighborhoods. Ms. Monroe was selected through a democratic election in West
Palm Beach, and Mr. Saint-Hillien was selected
through a democratic election in Lake Worth Beach. Florida Department of
Commerce (FDOC) is the primary conduit to receive and disperse Community
Services Block Grant (CSBG) funds to the local agency. These funds are
allocated to provide services, assistance, and other activities of sufficient
scope and size to support low-income individuals and families throughout Palm
Beach County. This initiative aims to make progress towards eliminating poverty
and its root causes by developing employment opportunities, improving human
performance, motivation, and productivity, and improving the conditions under
which people live, learn, and work. Ms.
Monroe and Mr. Saint-Hillien both meet all applicable
guidelines and requirements outlined in the resolution. The diversity count for
the ten (10) seats that are currently filled is African-American: 7 (70%) and
Caucasian: 3 (30%). The gender ratio (female: male) is 7:3. Ms. Monroe and Mr.
Saint-Hillien are both African-American. Staff is
addressing the need to increase diversity within our boards and will continue
to encourage efforts to expand this Board’s diversity. Countywide (HH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Three (3) Amendments for Extension
(Amendments) to the following Public Transportation Grant Agreements (PTGAs)
with the Florida Department of Transportation (FDOT):
A) Southside Redevelopment Project – Phases 3
& 4 (Southside Redevelopment Project) at Palm Beach County Park Airport
(Lantana Airport), Financial Project Number 445956-1-94-01, approved by the
Board of County Commissioners (BCC) on March 8, 2022 (R2022-0178), extending
the expiration date of the PTGA to January 15, 2027;
B) West Apron Rehabilitation Project at Lantana
Airport, Financial Project Number 449407-1-94-01, approved by the BCC on August
23, 2022 (R2022-0828), extending the expiration date of the PTGA to October 31,
2025; and
C) Runway 14-32 Expansion Design Project at
North Palm Beach County General Aviation Airport (North County Airport),
Financial Project Number 451891-1-94-01, approved by the BCC on April 4, 2023
(R2023-0389), extending the expiration date of the PTGA to October 31, 2026.
Summary: Time extensions to the PTGAs for
the Southside Redevelopment Project and West Apron Rehabilitation Project at
the Lantana Airport are needed to provide additional time to complete
construction of the projects. A time
extension to the PTGA for the Runway 14-32 Expansion Design Project at the
North County Airport is needed due to delays in the completion of the environmental
assessment process. Delegation of authority for execution of the Amendments was
approved by the BCC on August 25, 2020 (R2020-1017). Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
2. Staff recommends
motion to approve:
A) Change Order No. 6 to the Contract
(R2022-0226) (Contract) with Alen Construction Group,
Inc. (Alen), to the 400 Hz Ground Power Unit Point of
Use Replacement Project (Project) at the Palm Beach International Airport (PBI)
in the amount of $41,741.81, extending the project duration by 210 calendar
days; and
B) a Budget Transfer
of $41,742 in the Airport’s Improvement and Development Fund to provide budget
for Change Order No. 6.
Summary: The Project was approved by the Board of
County Commissioners (BCC) on March 8, 2022 (R2022-0226) in the amount of
$6,900,000 with a project duration of 430 calendar days. Change Order No. 1 through Change Order No. 5
increased the contract amount by $379,772.48, extended the project duration by
535 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
and fire-suppression piping. Approval of Change Order No. 6 increases the
contract amount by $41,741.81 for a total contract amount of $7,321,514.29 and
extends the project duration by 210 calendar days for a total project duration
of 1,175 calendar days. A detailed contract history is included in Attachment
No. 1. Change Order No. 6 provides for installation of new drainage discharge
lines into existing drainage systems; removal and replacement of two (2) doors
that are in poor operational condition (due to exposure to direct sunlight)
with new doors with a thicker gauge exterior; and a time extension due to a
conflict with another construction project impacting the construction schedule
and sequencing of this Project. This Project was presented to the Goal Setting
Committee (Committee) on September 1, 2021, and the Committee established an
Affirmative Procurement Initiative (API) of Small Business Enterprise (SBE)
Price Preference for the Project. The proposed SBE participation for Change
Order No. 6 is 92.9%. To date, the overall participation achieved on this
Project, including this Change Order No. 6, is 45.53%. Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
3. Staff recommends
motion to receive and file: Six (6) Amendments for Extension (Amendments) of the following Public
Transportation Grant Agreements (PTGAs) with the Florida Department of
Transportation (FDOT) at Palm Beach International Airport (PBI):
A)
Terminal Roof Improvements
Project at PBI (Roof Project), Financial Project Number 447618-1-94-01,
approved by the Board of County Commissioners (BCC) on August 25, 2020
(R2020-1024 and R2020-1025), extending the expiration date of the PTGA to June
30, 2025;
B)
Storm Hardening Facility
Improvements Project – Phase 2 at PBI (Storm Hardening Project), Financial
Project Number 448981-1-94-01 approved by the BCC on June 8, 2021 (R2021-0746),
extending the expiration date of the PTGA to June 30, 2025;
C)
Concourse B Expansion Project at PBI (Concourse B Project), Financial
Project Number 440664-1-94-01 approved by the BCC on May 5, 2020 (R2020-0421
and R2020-0422), extending the expiration date of the PTGA to December 31,
2025;
D) Air Cargo Facility Ingress and Egress Roadway Improvements Project at
PBI (Air Cargo Roadway Project) , Financial Project Number 448077-1-94-01
approved by the BCC on February 1, 2022 (R2022-0054), extending the expiration
date of the PTGA to September 30, 2026;
E) Air Cargo Ramp Project at PBI (Air Cargo Ramp Project), Financial
Project Number 448091-94-01, approved by
the BCC on November 15, 2022 (R2022-1357), extending the expiration date of the
PTGA to June 15, 2026; and
F)
New Aircraft Rescue and
Fire Fighting (ARFF) Facility Project at PBI (ARFF Project), Financial Project
Number 448076-1-94-01, approved by the
BCC on February 1, 2022 (R2020-0055), extending the expiration date of the PTGA
to October 31, 2026.
Summary: The Amendments extend the
availability of grant funding to allow for the completion of various capital
projects at PBI. Delegation of authority for execution of the Amendments was
approved by the BCC on August 25, 2020 (R2020-1017). Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
4. Staff recommends
motion to receive and file: a Modification P00001 (Mod 1) to Other
Transaction Agreement No. 70T01023T7668N017 (OTA) (R2023-0882) with the United
States of America, acting through the Transportation Security Administration
(TSA), replacing the schedule of TSA’s equipment and extending the period of
reimbursement for electric utility charges related to the use of security
checkpoints and areas for the screening of passengers, property and baggage at
the Palm Beach International Airport (PBI) from June 1, 2024 to May 31, 2025,
for reimbursement by TSA in the amount of $133,918.32. Summary: The OTA
formalizes TSA’s obligations related to the use of security checkpoints and
screening areas at PBI, including reimbursement of electrical costs associated
with equipment, heating, ventilation, air conditioning (HVAC) and lighting for
TSA security checkpoint and baggage screening space at PBI. Mod 1 obligates funding by TSA for
reimbursement of electric utility costs through May 31, 2025. Mod 1 is considered a unilateral award by TSA
and does not require County approval. Countywide (AH)
5. Staff recommends
motion to receive and file:
A)
Non-signatory Airline Agreement (Airline
Agreement) with Porter Airlines (Canada) Limited Co Airline (Porter),
commencing November 1, 2024, and terminating September 30, 2026, with automatic
annual renewals each October 1st until canceled; authorizing Porter
to utilize the commercial terminal facilities at the Palm Beach International
Airport (PBI) in connection with its airline operations; and providing for the
lease of 192 square feet of ticket office space for an initial annual rental
rate of $16,049.28; and
B) Airline Service Incentive Program Participation Agreement (Incentive
Agreement) with Porter, providing for the waiver of landing, ticket counter and
gate fees from November 14, 2024 through November 13, 2025, for flights to
Toronto, Canada.
Summary: The Airline Agreement authorizes Porter to
utilize the commercial terminal facilities at PBI in connection with its
airline operations. The Airline Agreement also provides for the lease of 192
square feet of ticket office space to Porter for an initial annual rental of
$16,049.28. Rental is adjusted every
October 1st based on rates established in accordance with the
Signatory Airline Agreement (R2019-1155).
The Incentive Agreement waives landing, ticket counter and gate fees
associated with flights to Toronto, Canada, for up to 12 months. Delegation of
authority for execution of the standard form Non-signatory Airline Agreement
was approved by the Board of County Commissioners (BCC) in R2019-1156. Delegation
of authority for execution of the standard form Airline Service Incentive
Agreement was approved by the BCC in R2014-0251. Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
6. Staff recommends
motion to receive and file: Registration for Distribution of Literature or
Picketing (Registration) at the Palm Beach International Airport (PBI) issued
to South Florida Public Witnessing, Inc. (SFPW), authorizing SFPW’s members to
distribute literature at PBI, effective September 12, 2024 and expiring
September 11, 2025, at no cost. Summary: The Registration authorizes SFPW members to
distribute literature in locations designated by the Department of Airports, in
accordance with the Airport Rules and Regulations (R98-220, as amended).
Delegation of authority for the execution of the standard form Registration was
approved by the Board of County Commissioners (BCC) on October 3, 1995
(R95-1410). Countywide (AH)
7. Staff recommends
motion to receive and file: Amendment No. 1 (Amendment) to the Public Transportation Grant Agreement
(PTGA) with the Florida Department of Transportation (FDOT) (R2020-0415;
R2020-0146), Financial Project Number 441608-1-94-01, modifying the project
location, and extending the expiration date of the PTGA to December 31, 2025. Summary: The PTGA provided grant funding in the amount
of $2,600,000 or 50% of the eligible project costs, whichever is less, to
relocate or culvert a canal located on the west side of the Palm Beach International Airport
(PBI). The Amendment modifies the
project location to allow improvements to the PBI Taxiway M culvert (Taxiway M
Culvert Project) instead of the canal located on the west side of PBI with no
change to the grant funding amount. The
Taxiway M Culvert Project will mitigate erosion within the Taxiway M safety
area and reduce wildlife attractants on the airfield. The Amendment also extends the time to
complete the Taxiway M Culvert Project to December 31, 2025. Delegation of
authority for execution of the Amendment was approved by the Board of County
Commissioners (BCC) on August 25, 2020 (R2020-1017). Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
8. Staff
recommends motion to:
A)
receive and file Public
Transportation Grant Agreement (PTGA), Financial Project No. 451591-1-94-01,
with the Florida Department of Transportation (FDOT) in the amount of
$1,000,000 for the Airfield Pavement Maintenance and Rehabilitation Project
(Project) at North Palm Beach County General Aviation Airport (North County
Airport) with an effective date of October 17, 2024 and an expiration date of
December 31, 2027; and
B) approve
a Budget Amendment of
$1,000,000 in the Airport’s Improvement and Development Fund including a
Transfer from Reserves in the amount of $250,000.
Summary: The FDOT issued the PTGA (CSFA No. 55.004)
reflecting its commitment of funding for the Project at the North County
Airport in the amount of $1,000,000 or 80% of the eligible project costs,
whichever is less. The Project will provide
for the rehabilitation of the terminal aircraft parking apron pavement at the
North County Airport. The required local
match for this PTGA is $250,000 based on an estimated project cost of
$1,250,000. Delegation of authority for execution of this PTGA was approved
by the Board of County Commissioners (BCC) on August 25, 2020
(R2020-1017). Countywide (AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file:
A) Standard License
Agreement for Use of County-Owned Property (North County Senior Center) for the period of July 30, 2024 through July 29, 2025, with Fitness 4 Older Adults, LLC for fitness
classes; and
B) Standard License
Agreement for Use of County-Owned Property (West County Senior Center ) for the
period of June 14, 2024 through June 13, 2025, with Senior Friendly Fitness LLC
for fitness classes.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts, agreements, and grants must be
submitted by the initiating Department as a receive
and file agenda item. The attached
standard agreements have been fully executed on behalf of the Board of County
Commissioners (BCC) by the County Administrator or designee, who in this case
was the Director of the Facilities Development and Operations Department. The
Standard License Agreements were approved in accordance with R2010-0333, as
amended and approved by the BCC on October 1, 2013. The executed documents are
now being submitted to the BCC to receive and file. (FDO Admin) Countywide
(YBH)
2. Staff recommends
motion to approve:
a Fifth Amendment to the Third Restated Agreement (Amendment) with the Historical
Society of Palm Beach County, a Florida not-for-profit corporation, for the
Society’s use of the 1916 Courthouse in West Palm Beach abating rent
retroactively from November 1, 2023 through October 31, 2028, and adding
standard County provisions. Summary: The Society has occupied a
portion of the 1916 Courthouse for the operation of the Palm Beach County
History Museum and its administrative offices since 2008. The original Agreement (R2004-0257) with
Society was approved by the Board of County Commissioners (BCC) on February 3,
2004, and has been restated and amended numerous times. Currently, the Society
occupies 8,695 SF at the 1916 Courthouse for the museum and administrative
offices. On February 4, 2014
(R2014-0138), the BCC approved full abatement of the rent until October 31,
2018 subject to an annual review of the Society’s plans for expenditure of the
rental savings. On October 18, 2018 (R2018-1566), the BCC extended the
abatement of rent for five (5) years (from November 1, 2018 through October 31,
2023) subject to an annual review of the Society’s programs and
expenditures. On October 17, 2023, the
Society requested an extension of the rent abatement. On August 20, 2024, staff
brought an agenda item seeking BCC direction on the Society’s request. After discussion, the BCC approved the
abatement of rent. This Amendment
memorializes said approval by the BCC. (Property and Real Estate Management)
Countywide/District 7 (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
3. Staff recommends
motion to approve: a First Amendment to the Concessionaire Lease
Agreement (Amendment) for concession services at Carlin Park in Jupiter
consenting to a change in ownership interest from Dune Dog Acquisitions, Inc.
(DDA) to Dune Dog Beach Café, LLC (DDBC); increasing the initial capital
investment amount; increasing the initial term; and increasing the extension
options. Summary: Request for Proposals No. 2023-101-LMD (RFP) was
advertised in November 2022 seeking proposals for food and beverage
concessionaire services at Carlin Park. The RFP provided that the term and
extension options for the agreement would be determined by the proposed initial
capital investment. On October 17, 2023, the Board of County Commissioners
(BCC) approved Concessionaire Lease Agreement (R2023-1567) (Agreement) with DDA
to provide food and beverage services at Carlin Park. DDA proposed $71,625 of
initial capital investment which, pursuant to the terms of the RFP, qualified
for an initial term of three (3) years with two (2) three (3) year extension
options. DDA has determined that the concession building requires renovations
beyond those initially considered in its proposal. Therefore, DDA now seeks to
increase its initial capital investment to $639,804 which would qualify for a
term of five (5) years with two (2) five (5) year extension options. In addition, pursuant to the terms of the
Agreement, DDA is requesting consent for a change in ownership interest from
DDA to DDBC. This Amendment approves the
change in ownership and revises the term and extension options in accordance
with the increased initial capital investment. All other terms and conditions
of the Agreement remain unchanged. There
is no fiscal impact associated with the approval of this Amendment. The Parks
and Recreation Department will continue to have administrative responsibility
for the Agreement (Property and Real Estate Management) District1 (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
4. Staff recommends
motion to receive and file: Work Order No. 24-001 (Work Order) to the
annual painting and weatherproofing
contract (R2024-0958) with Joe Schmidt Construction, Inc. (Contractor) in
the amount of $2,300,000 for the Main Detention Center (MDC), East
Tower-Interior Painting project for a period of 90 calendar days from notice to
proceed. Summary: On August 20, 2024 (3H-24), the Board of County
Commissioners (BCC) authorized the County Administrator or designee which in
this case was the Director of Facilities Development and Operations (FDO), to
execute a Work Order (in an amount not to exceed $2,300,000) for the MDC, East
Tower-Interior Painting project. The Work Order authorized the construction
services necessary to furnish all labor, equipment, devices, tools, materials,
transportation, professional services, supervision, drawings, permitting and
all miscellaneous requirements necessary for the interior painting for the MDC,
East Tower-Interior Painting project. The Work Order was fully executed on
behalf of the BCC by the Director of FDO. In accordance with the County Policies and Procedures Memorandum
(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
annual painting and weatherproofing contract was presented to the Goal Setting
Committee on December 7, 2022 and the Committee established Affirmative
Procurement Initiatives (APIs) of sheltered market for projects less than
$100,000 (when three (3) or more small businesses are qualified under the
annual contract) or a Small Business Enterprise (SBE) contractor will be given
a price preference if its bid is within 10% of the lowest non-small business
bid for projects $100,000 or greater. Since this project is greater than
$100,000, the SBE price preference API was applied. The SBE participation on
this Work Order is 100%. To date, the Contractor’s overall SBE participation is
100%. To date, the overall SBE participation on the annual painting and
weatherproofing contract is 100%. The Contractor is a certified SBE. Funding
for this project is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 3 (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
5. Staff recommends
motion to approve: an annual contract with the following contractor for
low voltage services on an as-needed basis through August 16, 2026.
Contractor Status SBE or Non-SBE
Integrated
Fire & Security Non-Local Non-SBE
Solutions
Inc.
Summary: On August 17, 2021, the Board of County
Commissioners (BCC) approved the annual low voltage contract (R2021-1064
through R2021-1069). The work consists of new installations, replacement and/or
repair of low voltage systems in County-owned properties on an as needed basis.
The contractor now joins the list of 14 prequalified contractors for a total of
15 prequalified contractors with a contract expiration date of August 16, 2026.
The specific requirements of the work will be determined by individual work
orders issued against this annual low voltage contract. These contracts are
five (5) year indefinite-quantity contracts with a maximum cumulative value of
$4,000,000 across all prequalified contractors. Work will be awarded as work
orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors may qualify at any time and be added to this annual
low voltage contract before the term ends. All projects are advertised on the
vendor self-service (VSS) website and are bid among the pool of pre-qualified
contractors while projects $200,000 or greater are additionally advertised in
the newspaper. Bidders without an annual low voltage contract responding to the
specific project advertisement shall submit a qualification application at
least ten (10) calendar days before the bid due date. The annual low voltage
contract was presented to the Goal Setting Committee on March 17, 2021 and the
Committee established Affirmative Procurement Initiatives (APIs) of sheltered
market for projects less than $100,000 (when three (3) or more small businesses
are qualified under the annual contract) or an SBE contractor will be given a
price preference if its bid is within 10% of the lowest non-small business bid.
However, on July 1, 2024, certain statutory changes took effect which require
that the sheltered market for projects less than $100,000 API be removed.
Therefore, the annual low voltage contract will have an API of an SBE
contractor being given a price preference if its bid is within 10% of the
lowest non-small business bid for each project. Actual Small/ Minority/Women
Owned Business Enterprise (S/M/WBE) participation will be tracked cumulatively
for all work orders issued. To date, the cumulative S/M/WBE participation for
all work orders under the annual low voltage contract is 80.64%. (Capital
Improvements) Countywide (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
6. Staff recommends
motion to:
A) approve an increase to the maximum cumulative value for the annual
heating, ventilation and air conditioning (HVAC) contract in the amount of
$2,000,000 for HVAC services on an as-needed basis through January 6, 2025; and
B)
authorize the County Administrator or designee, which in this case
shall be the Director of Facilities Development and Operations, to extend the
annual HVAC contract term of the winning bidders for the following projects to
March 12, 2025.
Projects
|
2021-039449 |
West Palm Beach Lutheran Services – HVAC
Upgrades |
|
2024-012157-R1 |
Convention Center, AHUs 3, 6, 12 & 13
Refurbishment (REBID) |
|
2017-031300 |
Main County Courthouse - Air Handling Unit
#1 Replacement |
|
2020-013776 |
Corrections Administration - Air
Conditioning Replacement |
|
2023-028669-R1 |
WUD WTP #3
Building H HVAC Replacement |
|
2023-024149-R1 |
Eagle Academy Chiller Replacement |
Summary: On January 7, 2020, the Board of County
Commissioners (BCC) approved the annual HVAC contract (R2020-0019 through
R2020-0023). The work consists of HVAC services related to system and component
installations, upgrades, replacements, modifications and repairs to
County-owned properties on an as needed basis. To date, the County has awarded
work orders in the amount of $22,364,151.72 and there are currently 27
prequalified contractors under this contract.
The annual HVAC contract is set to expire on January 6, 2025. A new five (5) year annual HVAC contract is
set to be brought before the BCC on January 7, 2025. However, to most efficiently process the
above referenced projects, it was necessary to advertise these projects as
quickly as possible. While the bids for
these projects will be submitted prior to the January 6, 2025 expiration date,
the work order award to the winning bidders on the above listed projects will
not be approved by the BCC prior to the expiration of the annual HVAC contract.
In order to maintain project processing efficiency, and to avoid having to
re-bid the projects, staff is requesting the above delegation to allow the term
of the annual HVAC contract be extended solely for the winning bidders on the
above referenced projects to March 12, 2025. Staff is also requesting to
increase the maximum cumulative value for the annual HVAC contract in the
amount of $2,000,000 in order to accommodate the projects listed above.
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
6. SUMMARY
(cont’d.): This increase
will bring the maximum cumulative value of the annual HVAC contract to
$30,000,000. Contractors may qualify at any time and be added to this annual
HVAC contract before the term ends. All projects are advertised on the vendor
self-service (VSS) website and are bid among the pool of pre-qualified
contractors while projects $200,000 or greater are additionally advertised in
the newspaper. Bidders without an annual HVAC contract responding to the
specific project advertisement shall submit a qualification application at least
ten (10) calendar days before the bid due date.
The annual HVAC contract was presented to the Goal Setting Committee on
August 21, 2019 and the Committee established Affirmative Procurement
Initiatives (APIs) of sheltered market for projects less than $100,000 (when
three (3) or more small businesses are qualified under the annual contract) or
an SBE contractor will be given a price preference for projects $100,000 or
greater if its bid is within 10% of the lowest non-small business bid. However,
on July 1, 2024, certain statutory changes took effect which require that the
sheltered market for projects less than $100,000 API be removed. Therefore, the
annual HVAC contract will have an API of an SBE contractor being given a price
preference if its bid is within 10% of the lowest non-small business bid for
each project. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE)
participation will be tracked cumulatively for all work orders issued. To date,
the cumulative S/M/WBE participation for all work orders under the annual HVAC
contract is 34.94%. (Capital Improvements) Countywide (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
7. Staff recommends
motion to approve: an
increase to the maximum dollar value of the annual minor construction contract by $5,000,000
for general minor construction services on an as-needed basis through February
10, 2025. Summary: On February
11, 2020, the Board of County Commissioners (BCC) approved the annual minor
construction contract (R2020-0142 through R2020-0151). The work consists of
construction services associated with repairs, improvements and renovations to
County-owned properties on an as needed basis. To date, the County has awarded
$25,224,373.04 in work orders. Staff is requesting the cumulative limit be
increased by $5,000,000 for a total cumulative value of $35,000,000 in order to
accommodate additional anticipated new projects before the expiration of this
contract expires on February 10, 2025. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual minor
construction contract before contract expiration. All projects are advertised
on the vendor self-service (VSS) website and are bid among the pool of
pre-qualified contractors while projects $200,000 or greater are additionally
advertised in the newspaper. Bidders without an annual minor construction
contract responding to the specific project advertisement shall submit a
qualification application at least ten (10) calendar days before the bid due
date. The annual minor
construction contract was presented to the Goal Setting Committee on August 21,
2019 and the Committee established three (3) Affirmative Procurement
Initiatives (APIs): 1) sheltered market for projects less than $100,000; or 2)
a Small Business Enterprise (SBE) contractor will be given a price preference if
its bid is within 10% of the lowest non-small business bid on a single trade
project $100,000 or greater; or 3) a mandatory 25% SBE subcontracting goal for
a multi-trade project $100,000 or greater. However, on July 1, 2024, certain
statutory changes took effect which require that the sheltered market for
projects less than $100,000 API be removed. Therefore, the annual minor
construction contract will have an API of an SBE contractor being given a price
preference if its bid is within 10% of the lowest non-small business bid for a
single trade project and a mandatory 25% SBE subcontracting goal for a
multi-trade project. Actual Small/Minority/Women Owned Business Enterprise
(S/M/WBE) participation will be tracked cumulatively for all work orders
issued. To date, the cumulative S/M/WBE participation for all work orders under
the annual minor construction contract is 62.30%. (Capital Improvements) Countywide
(MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to adopt: A
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA;
APPROVING THE ISSUANCE OF HOUSING FINANCE AUTHORITY OF PALM BEACH COUNTY,
FLORIDA, MULTIFAMILY HOUSING REVENUE BONDS (QUIET WATERS) BY THE HOUSING
FINANCE AUTHORITY OF PALM BEACH COUNTY, FLORIDA IN THE NOTICED PRINCIPAL AMOUNT
OF $10,500,000. SUMMARY: The
Bonds are being issued by the Authority to finance a portion of the costs of
acquiring, rehabilitating and equipping a multifamily rental housing facility
containing approximately 93 units for the elderly or adults that are
permanently disabled known as Quiet Waters (Project). The Project is located at 306 SW 10th
Street in the City of Belle Glade. The
Authority will require that at least 40% of these units be rented to qualified
persons and families whose average household incomes do not exceed 60% of Area
Median Income ($64,260 for a family of four for 2024). The Borrower is Quiet
Waters Preservation, LP, a Florida limited partnership, or an affiliate thereof
(Borrower), and the developer is Quiet Waters Developer, LLC, which is an
entity of Wingate Residential, LLC. The Borrower is acquiring the Project from
McCurdy Center, LTD., the managing member of which is McCurdy Senior Housing
Corporation whose president is Joseph Glucksman. The Borrower has agreed to comply with these
limitations for at least 30 years. In addition, the Project is expected to
receive low-income housing tax credits under Section 42 of the Internal Revenue
Code of 1986, as amended (Code). The Bonds will be payable solely from revenues derived from the Borrower and/or
other collateral provided by or on behalf of the Borrower. Bryant Miller Olive
P.A. is Bond Counsel to the Authority with respect to the Bonds. Berkadia Commercial Mortgage LLC (Purchaser), will be the
purchaser of the Bonds. The resolution of the Authority authorizing the
issuance of the Bonds will include language substantially as follows: “The
County assumes no responsibility for monitoring compliance by the Borrower of
applicable federal income tax, securities laws or other regulatory
requirements. The Borrower understands and agrees that it is responsible for
monitoring its compliance with all applicable federal income tax, federal
securities law and other regulatory requirements, retaining adequate records of
such compliance, and retaining qualified counsel to respond to or assist the
Authority and the County in responding to any audit, examination or inquiry of
the Internal Revenue Service (IRS), the Securities and Exchange Commission or
other regulatory body. The Borrower assumes responsibility for monitoring
compliance with applicable provisions of federal tax laws and U.S. Treasury Regulations
relative to the Bonds, and shall retain adequate records of such compliance
until at least three (3) years after the Bonds are retired. In the event of any audit, examination or
investigation by the IRS with respect to the tax-exempt status of the Bonds or
any other related tax matters, the Borrower shall be responsible for retaining
qualified counsel to respond to such audit.” Neither the taxing power nor
the faith and credit of the County nor any County funds are pledged to pay the
principal, redemption premium, if any, or interest on the Bonds. District 6 (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
2. Staff recommends
motion to adopt: A
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
REGARDING THE FOLLOWING OUTSTANDING BONDS (COLLECTIVELY, THE BONDS) OF THE PALM
BEACH COUNTY HEALTH FACILITIES AUTHORITY (AUTHORITY), THE PROCEEDS OF WHICH
WERE PREVIOUSLY LOANED TO LIFESPACE COMMUNITIES, INC., AN IOWA NONPROFIT
CORPORATION (BORROWER):
·
REVENUE BONDS (LIFESPACE COMMUNITIES, INC.), SERIES 2016B IN THE
ORIGINAL PRINCIPAL AMOUNT OF $22,150,000 (SERIES 2016B BONDS);
·
REVENUE BONDS (LIFESPACE COMMUNITIES, INC.), SERIES 2018B IN THE
ORIGINAL PRINCIPAL AMOUNT OF $134,695,000 (SERIES 2018B BONDS);
·
REVENUE BONDS (LIFESPACE COMMUNITIES, INC.), SERIES 2019B IN THE
ORIGINAL PRINCIPAL AMOUNT OF $52,685,000 (SERIES 2019B BONDS);
·
REVENUE BONDS (LIFESPACE COMMUNITIES, INC.), SERIES 2021C IN THE
ORIGINAL PRINCIPAL AMOUNT OF $52,685,000 (SERIES 2021C BONDS); AND
·
REVENUE BONDS (LIFESPACE COMMUNITIES, INC.), SERIES 2022 IN THE ORIGINAL
PRINCIPAL AMOUNT OF $85,000,000 (SERIES 2022 BONDS).
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
2. SUMMARY: The Authority held a Tax Equity &
Fiscal Responsibility Act (TEFRA) public hearing held on November 11, 2024
regarding the Bonds. The Bonds were
previously issued by the Authority for the purpose of providing funds to the
Borrower, a portion of which financed additions, renovations, remodeling,
equipping and other miscellaneous capital improvements to the life care
community known as Abbey Delray (Abbey Delray), owned and operated by the
Borrower, located at 2000 Lowson Boulevard in Delray
Beach, Florida 33445. The Borrower
intends to sell Abbey Delray and use proceeds of the sale to pay the costs of
additions, renovations, remodeling, equipping and
miscellaneous capital improvements to the following communities
(collectively, the Projects) owned and operated by the Borrower and its
affiliates: (1) Abbey Delray South, located at 1717 Homewood Boulevard in
Delray Beach, Florida 33445 (Abbey Delray South Campus); (2) Harbour’s Edge, located at 401 East Linton in Delray Beach,
Florida 33483 (Harbour’s Edge Campus); (3) The
Waterford, located at 601 Universe Boulevard, Juno Beach, Florida 33408
(Waterford Campus); and (4) Village on the Green, which is located at 500
Village Place, Longwood, Florida (Village on the Green Campus). At the
Borrower’s discretion, the proceeds of the sale of Abbey Delray may be
allocated to pay all, a part, or none of the costs of the Projects at each
location. All facilitates financed by the Bonds
are owned or leased and operated by the Borrower. Approval by an elected body is required by
the Internal Revenue Code to maintain the tax-exempt status of the Bonds;
however, adoption of this Resolution does not in any way obligate the
County. The County assumes no
responsibility for monitoring compliance by the Borrower of applicable federal
income tax, securities laws or other regulatory requirements. The Borrower understands and agrees that it
is responsible for monitoring its compliance with all applicable federal income
tax, federal securities law and other regulatory requirements, retaining
adequate records of such compliance, and retaining qualified counsel to respond
to or assist the Authority and the County in responding to any audit,
examination or inquiry of the Internal Revenue Service, the Securities and
Exchange Commission or other regulatory body. The Borrower assumes
responsibility for monitoring compliance with applicable provisions of federal
tax laws and U.S. Treasury Regulations relative to the Bonds, and shall retain
adequate records of such compliance until at least three (3) years after the
Bonds are retired. In the event of any audit, examination or investigation by
the Internal Revenue Service with respect to the tax-exempt status of the Bonds
or any other related tax matters, the Borrower shall be responsible for
retaining qualified counsel to respond to such audit. Neither the taxing power nor the faith and credit of the County, nor
any County funds, shall be pledged to pay the principal, premium, if any, or
interest on the Bonds. Districts 1, 4 & 7 (DB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
3. Staff recommends
motion to receive and file:
A) a Funding Approval/Agreement with the U.S. Department of Housing and
Urban Development (HUD) in the amount of $6,487,957 for the Fiscal Year
2024-2025 Community Development Block Grant Program (CDBG) for the period
October 1, 2024 through September 1, 2031;
B) a Funding Approval and HOME Investment Partnerships Agreement with HUD
in the amount of $2,201,524 for the Fiscal Year 2024-2025 HOME Investment
Partnerships Program (HOME) for the period September 20, 2024 through September
30, 2033;
C) a Funding Approval/Agreement with HUD in the amount of $568,768 for the
Fiscal Year 2024-2025 Emergency Solutions Grant Program (ESG) for the period
September 20, 2024 through September 19, 2026;
D) a Budget Amendment of $14,706 in the Housing and Economic Sustainability
Fund to align the budget with grant funding allocation for the Fiscal Year
2024-2025 CDBG and ESG Programs; and
E) a Budget Amendment of $471,516 in the HOME Investment Partnerships Act
Fund to align the budget with grant funding allocation for the Fiscal Year
2024-2025 HOME Program.
Summary: These Funding Approvals/Agreements constitute the contracts between HUD
and the County for the receipt of Federal funds, and are now being submitted to
the Board of County Commissioners (BCC) to receive and file. The documents have
been executed on behalf of the BCC by the Director of the Department of Housing
and Economic Development (DHED) in accordance with R2024-0828 as approved by
the BCC on July 2, 2024 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 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. The ESG required local match ($568,768) will be
provided by Adopt-A-Family of the Palm Beaches, Young Women’s Christian
Association, Salvation Army, Aid to Victims of Domestic Abuse, Inc., the
Department of Community Services, and DHED.
The HOME required local match ($467,939) will be provided from the State
Housing Initiatives Partnership Program. CDBG funds require no local match. Countywide (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
4. Staff recommends
motion to receive and file:
A)
Amendment 001 to
a Loan Agreement between Housing Partnership, Inc. d/b/a Community Partners of
South Florida (Housing Partnership); and
B)
Mortgage
Modification Agreement with Housing Partnership for the purposes of modifying
the number of State Housing Initiatives Partnership (SHIP) assisted units.
Summary: On April 9, 2024, the Board of County Commissioners (BCC) approved an
award of $1,890,000 to Housing Partnership and on May 31, 2024 the County
executed a Loan Agreement with Housing Partnership (R2024-0962) for the
purchase of 1741 and 1747 4th Avenue North, Lake Worth Beach, two
(2) abutting multifamily properties totaling ten (10) apartments, including
eight (8) one-bedroom units, and two (2) two-bedroom units. Subsequent to
closing on the property, it was determined that only nine (9) units would be
eligible for restrictions based on Area Median Income (AMI), and therefore the
Amendment modifies the allocation of the units to six (6) at not to exceed 80%
AMI, two (2) at not to exceed 60% AMI, and one (1) unit not to exceed 120% AMI.
The period of affordability is also extended from 30 years to 50 years. The document has been executed on behalf of the BCC by the Director of the Department of Housing and Economic Development
(DHED) in accordance with Agenda Item 5C-2, as approved by the BCC on April 9, 2024 that delegated authority to the
County Administrator or designee to execute agreements, amendments thereto, and
all other related documents necessary for project implementation. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda
item. These are SHIP
Program grant funds which require no local match. District 3 (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
5. Staff recommends
motion to receive
and file: Amendment 006 to Loan Agreement R2021-1076 (Loan Agreement) with Habitat Housing Solutions, Inc. (HHSI) for the construction of three (3), for-sale,
single family affordable housing units in the Glades area to extend the
certificate of occupancy issue date from May 31, 2024 to May 31, 2025 for the
homes located at 431 E. 3rd Avenue and 205 S. Barfield Hwy, to
extend the date by which the units are to be sold by and placed into service
from July 31, 2024 to May 31, 2025, to extend the date for 100% of the HOME
funds to be drawn to May 31, 2025. SUMMARY:
R2021-1076 with HHSI provided $315,672
in HOME Investment Partnership Program (HOME) funding toward the construction
of three (3) single family affordable housing units located at 540 SW 8th
Street in Belle Glade, 205 S. Barfield Highway in Pahokee, and 431 E. 3rd
Avenue in Pahokee. Amendment 006 modified the Loan Agreement to extend the date
of the certificate of occupancy to be issued from May 31, 2024 to May 31, 2025
for the properties located at 431 E. 3rd Avenue and 205 S. Barfield
Hwy, extended the date by which the units are to be sold by and placed into
service to May 31, 2025, and extended the date by which 100% of HOME funds to
be drawn to May 31, 2025. The extension is required due to delays in obtaining
final permits and certificates of occupace. Amendment 006 has been executed on behalf of the Board
of County Commissioners (BCC) by the
Director of the Department of Housing and Economic Development (DHED) in
accordance with Agenda Item R2018-1061 as
approved by the BCC on July 10, 2018, which delegated authority to the County
Administrator or designee to execute standard forms, certifications, funding
agreements, amendments thereto, and all other documents necessary for
implementation of the Consolidated Plan, Action Plan, Community Development
Block Grant, HOME and Emergency Solutions Grant 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. HOME Program grant funds
are Federal funds which require a 25% local match provided by State Housing
Initiatives Partnership funds. District 6 (HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
6. Staff recommends
motion to receive
and file: Amendment 005 to
Loan Agreement R2021-1078 (Loan Agreement) with Habitat Housing Solutions, Inc. (HHSI) for the construction of five (5), for-sale, single family affordable housing
units, four (4) in the Glades area and one (1) in Lake Worth Beach, to extend
the date by which the units are to be sold to an eligible buyer and placed into
service from May 31, 2024 to May 31, 2025. SUMMARY: R2021-1078 with HHSI provided $625,000 in HOME Investment Partnership Program (HOME)/Community Housing
Development Organization (CHDO) construction funding and $65,000 CHDO operating
funds towards the construction of five (5) single family affordable
housing units located at 641 SW Ave D, Belle Glade, 135 SW 10th Ave,
South Bay, 275 Begonia Drive, Pahokee, 109 NW 6th Ave, Belle Glade,
and 322 NE Street, Lake Worth Beach. Amendment 005 modified the Loan Agreement
to extend the date by which the units are to be sold by and placed into service
to May 31, 2025. HHSI is the CHDO working in coordination with Habitat for
Humanity of Greater Palm Beach County.
Amendment 005 has been
executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development (DHED) in accordance with R2020-0926 as approved by the BCC on July 14, 2020,
which delegated authority to the County Administrator or designee to execute
standard forms, certifications, funding agreements, amendments thereto, and all
other documents necessary for implementation of the Consolidated Plan, Action
Plan, Community Development Block Grant, HOME and Emergency Solutions Grant
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. HOME
Program grant funds are Federal funds which require a 25% local match provided
by State Housing Initiatives Partnership funds. Districts 3 and 6
(HJF)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff
recommend motion to amend: the 2024 Palm Beach County Legislative
agenda to address the organizations that can nominate local construction
industry representatives to serve on the Building Code Advisory Board of Palm
Beach County (BCAB). SUMMARY: The Building Code Advisory Board (BCAB)
exists to provide guidance through technical advisories and non-binding interpretations
of the Florida Building Code. The members are comprised of experts in design,
construction and regulation. It also serves to assist in the drafting of the
Palm Beach County Amendments to the Florida Building Code during each triennial
update. BCAB was established by a Special Act of the Florida Legislature
originally in 1974, and most recently amended in 2017. BCAB is designed to be
comprised of seven (7) industry representatives (representing various
construction trades) and seven (7) governmental building code administrators
(building officials) each from a jurisdiction within the seven (7) County
Commission Districts. In addition, there are two (2) design professionals
consisting of an Architect and an Engineer. By design, the balance of the board
membership is equally weighted between construction industry representatives
and regulatory authorities to ensure a balanced approach to interpretations,
and also ensure there is adequate specific trade-based knowledge available from
the industry side. The requested changes to the existing act involve the
qualification process for building official nominees to BCAB. Amending the
Legislative Agenda will authorize the filing of a local bill to affect these
changes. Unfortunately, Section 2 of the Special Act (definitions) currently
defines “Building Official” as a full-time paid employee of local government.
Because of changes in the demographics of our industry in recent years,
particularly with the increased use of part time contracted staff and increasing
use of private providers, we are unable to fill vacancies, and we have limited
hope of filling them in the future without amending the act. Countywide
(RM)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
2. Staff recommends
motion to approve:
Appointment of one (1) new member to the Construction Industry Licensing Board
(Board), for the term January 1, 2025 through December 31, 2027:
|
Appointment |
Seat # |
Requirement |
Recommended by |
|
Peter Dzenutis |
4 |
Roofing
Contractor |
Mayor Marino Commissioner Weiss |
SUMMARY:
The Board establishes
qualifications and competency of contractors that work within the County. The
Board also provides for the testing and licensing of these contractors, and is
empowered to
discipline licensees, and hear citation appeals. The Board was
established by Special Act, Laws of Florida, Chapter
67‑1876, as amended. The Special Act, and subsequently, Section
489.131, Florida Statutes, sets forth the membership of the Board, which
consists of 15 members. This Board shall be comprised of 15 members as follows:
two (2) general contractors, one (1) member from each of the following
contractor categories: building, residential; electrical; plumbing; HARV
(Heating, Air Conditioning, Refrigeration and Ventilation), roofing; swimming
pool; one (1) architect; one (1) engineer and one (1) full-time building
official employed by a local government within Palm Beach County, who meets the
requirements of the Building Officials Association of Florida; and three (3)
consumer representatives. A memorandum was sent to the Board of County
Commissioners (BCC) on October 17, 2024 requesting support to appoint one (1)
new CILB board member, no other nominations were received. The Board currently
has ten (10) out of 15 seats filled and a diversity count of Caucasian: 9 (90%)
and Hispanic-American: 1 (10%). The gender ratio (female: male) is 2:8. Staff is addressing the need to increase
diversity within our boards and will continue to encourage this to expand this
Board’s diversity. Countywide
(RM)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Contract for the Belle Glade Water Main Improvements; SE
Zone 4 Water System Replacement Project (Project) with Johnson-Davis
Incorporated (Contractor) in the amount of $6,250,207. Summary: On June 18, 2024, the Palm Beach County Water
Utilities Department (PBCWUD) received four (4) bids for the Project.
Contractor was determined to be the lowest responsive and responsible bidder in
the amount of $6,250,207 for the Base Bid. The Project will provide for all
materials, labor, supervision, equipment, supplies, fees, expertise, and
services necessary for the replacement, removal, and abandonment of old and
substandard potable water pipes and water services within the southeast area of
Belle Glade. Project includes the replacement of approximately 13,200 linear
feet of new water main pipes, the replacement of approximately 53 existing
front-lot water services, the relocation of approximately 47 existing water
services from the back to the front of the properties, 800 linear feet of
sanitary sewer main, and the replacement of 14 sanitary service laterals. This Contract was presented to the Goal
Setting Committee (Committee) on June 7, 2023, and the Committee established an
Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small
Business Enterprise (SBE) subcontracting participation of which 3% shall be
among certified African American (AA) and/or Hispanic American (HA) owned
firms. Contractor committed to 20.92% SBE participation, which includes 3.68% Minority Business Enterprise
(MBE) participation, 0.52% MBE (AA), and 3.16% MBE (HA). Contractor is a
Palm Beach County based company. The
Project is included in the PBCWUD FY 2025 budget. (PBCWUD Project No. 21-033) District
6 (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
2. Staff recommends
motion to approve:
A) Contract for the Lift Station (LS) 5015
Conversion to Repump (Project) with Foster Marine
Contractors, Inc. (Contractor) in the amount of $5,768,500; and
B) Consultant Services Authorization (CSA) No. 6 to the
Consulting/Professional Engineering Services for Master Lift Station and Repump Improvements (MLS Contract) with AECOM Technical
Services, Inc., (Consultant) for Engineering Services During Construction for Project for a not to exceed
amount of $389,422.53.
Summary: On January 24, 2024,
the Palm Beach County Water Utilities Department (PBCWUD) received five (5)
bids for the Project. Contractor was deemed non-responsive due to non-submittal
of a Schedule 2 for two (2) subcontractors and the Recommendation to Award to
Hinterland Group Inc., (HGI) was posted on March 3, 2024. Contractor submitted
a Bid Protest stating that the two (2) subcontractors were not used in the
calculation of their Small Business Enterprise (SBE) participation. On July 15,
2024, the Palm Beach County Purchasing Department upheld the protest and the
Recommendation to Award to HGI was rescinded on August 29, 2024. A
Recommendation to Award the Project to Contractor was posted on August 30,
2024, and no additional protests were received in the subsequent five (5)
business days. Contractor was determined to be the lowest responsive and
responsible bidder in the amount of $5,768,500. The Project includes furnishing
all materials, labor, supervision, equipment, supplies, fees, expertise, and
services necessary to convert LS 5015 to an inline booster pump station. Work
includes mechanical, electrical, and civil work including new pumps, piping,
valves, variable frequency drives, lighting, instrumentation, control panel,
closed circuit television (CCTV), electrical building, overhead hoist, overhead
cover, demolition of existing pump station, temporary bypass pumping, and all
associated appurtenances. This Contract
was presented to the Goal Setting Committee (Committee) on October 20, 2023 and
the Committee established an Affirmative Procurement Initiative (API) of a
minimum mandatory 12% SBE subcontracting participation. Contractor committed to
15.05% SBE participation. Contractor is a Palm Beach County based company. On April 20, 2021, the Board of County
Commissioners (BCC) approved the PBCWUD MLS Contract (R2021-0508) with
Consultant. CSA No. 6 will
provide engineering services during construction of the Project.
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
2. SUMMARY (cont’d.): The MLS Contract was
presented to the Committee on July 1, 2020, and the Committee applied an API of
a minimum mandatory 20% SBE subcontracting goal and an evaluation preference
for up to 15 points based upon the relative level of dollar participation by
certified SBE firms. Consultant committed to 31% SBE
participation, which includes 19% Minority Business Enterprise (MBE)
participation, 17% MBE (African American (AA)), and 2% MBE (Asian American
(AI)) and received 12 Evaluation
Preference Points. The SBE proposed participation for this CSA No. 6 is
70.28%. To date, the overall participation achieved on this MLS Contract is
32.02%, which includes 8.41% MBE (AA). Consultant is headquartered in Los
Angeles, California, and maintains an office in Palm Beach County from which
the majority of the work will be undertaken.
The Project is included in the PBCWUD FY 2025 budget. (PBCWUD Project
No. 21-062) District 3 (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
3. Staff recommends
motion to:
A) approve Amendment No. 1 to Agreement No.
SG070 with the State of Florida Department of Environmental Protection (FDEP),
increasing funding by $3,847.10 for the Western
Region Wastewater Treatment Facility (WRWWTF) Sand and Grit Removal (Project) for a new total contract
amount of $235,420.10;
B) authorize the County Administrator, or her
designee, 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 $3,848 Budget Amendment in the
Water Utilities Department Operations and Maintenance Fund to establish budget
for the grant.
Summary: The FDEP
has allotted $2,000,000 for publicly owned utilities to remove sand and grit
from wastewater treatment plants with daily flow less than 3 million gallons
per day (MGD) and must remain in operation during cleaning to avoid the
discharge of untreated wastewater. PBCWUD is eligible for this grant as: 1) the
Bid 20-024-CC was competitively bid and awarded; 2) WRWWTF has daily flows less
than 3 MGD and must remain in service during cleaning to avoid discharge of
untreated wastewater; and 3) The facility is located in Belle Glade which is
registered as 37.9% above the poverty level with the US Census Bureau,
exceeding the grant requirement of equal to or greater than 25%. Since the
location of the WRWWTF exceeds the poverty requirement for this grant, no local match is required. On July 11, 2023,
the Board of County Commissioners (BCC) approved the Agreement (R2023-0940).
This amendment will fund the additional monies that were paid for the removal
of sediment
in the tank more than originally anticipated for this
project and increases funding by $3,847.10 for a total funding agreement amount
of $235,420.10 District 6 (MWJ)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: a copy of
municipal ordinance No. 10-2024 of the Town of Lake Park (Town), providing the
Town’s consent to its participation in the County’s Fire/Rescue Municipal
Services Taxing Unit (MSTU) through December 31, 2034. SUMMARY: The County has provided fire rescue
services to the Town as part of the MSTU since 2014. The Town adopted Ordinance
No. 12-2014 to consent to its participation in the MSTU through December 31,
2024 to fund fire-rescue services by the County through 7:30 a.m. on October 1,
2025. Ordinance No.10-2024 provides consent through December 31, 2034 to fund
fire-rescue services by the County through 7:30 a.m. on October 1, 2035. Town
Ordinance No. 10-2024 is now being submitted to the Board of County
Commissioners (BCC) to receive and file. Countywide (SB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
2. Staff recommends
motion to:
A) receive and file an executed Drone Replacement Program Financial Assistance
Agreement with the Florida Department of Law Enforcement (FDLE) with a start
date of July 1, 2024 and end date of June 30, 2025;
B) accept a notice of award for the Drone
Replacement Program in the amount of
$250,000; and
C) approve a Budget Amendment
of $250,000 within the Fire/Rescue Municipal Service Taxing Unit Fund to
recognize the grant award from the FDLE.
SUMMARY: On August
20, 2024 (R2024-0978) the Board of County Commissioners (BCC) authorized the
County Administrator, or designee, to sign the Drone Replacement Program
Financial Assistance Agreement Application (CSFA 71.092) which requested
$248,944 to fund 100% of the purchase of ten (10) Skydio
X10 Drones and operationally necessary accessories, and to execute the grant
award and other necessary documents. On September 3, 2024 the County received
notification from the Florida Department of Law Enforcement (FDLE) of the
earmarked $250,000 grant award which will cover all of the requested Drones. On
September 17, 2024 Fire Rescue relinquished ten (10) drones previously
purchased with a value of $8,022 and the drone certification form was executed
by FDLE. Fire Rescue will purchase the
ten (10) drones from the FY 2025 budget. There is no required match for this grant. Countywide
(AH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
3. Staff recommends
motion to approve: an Interlocal Agreement for Fire-Rescue Dispatch Services
(Agreement) with the Town of Jupiter (Town) for a period from April 1, 2026 to
September 30, 2036. SUMMARY: In an effort to enhance the provision of fire-rescue services, the
Board of County Commissioners (BCC) authorized the Fire Rescue Department to
provide countywide fire-rescue dispatch and related communication services
effective June 1, 2005. The Town is in the process of establishing its own
fire-rescue services commencing on October 1, 2026. The Agreement provides for
a contractual commitment for County Fire Rescue dispatch services to the Town,
upon its commencement of its own fire-rescue services, as part of the
Countywide Common Dispatch program. The Agreement further authorizes the County’s
Fire Chief and the Town’s Fire Chief to enter into Letter(s) of Understanding
to develop Common Dispatch plans and procedures. The proposed Agreement will go
into effect six (6) months prior to the anticipated commencement of the
dispatch services in order for the parties to establish the necessary
arrangements relating to equipment, protocols, plans and procedures. Should the
Town no longer anticipate that it will commence its own fire-rescue services,
the Agreement would not take effect or would automatically terminate upon such notice. Countywide (SB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
A) ratify an amendment to the 2023 Statewide Mutual Aid Agreement (SMAA) with
the Florida Division of Emergency Management (FL-DEM) to add Palm Beach County Fire Rescue (PBCFR) as an encompassed
entity;
B) ratify the following Resource Support
Agreements (RSA):
1. RSA 00558 for New Mexico Wildfires; 10. RSA 00843 for Hurricane Helene;
2. RSA 00569 for Tropical Storm Debby; 11. RSA 00832 for Hurricane Helene;
3. RSA 00568 for Tropical Storm Debby; 12. RSA 00885 for Hurricane Helene;
4. RSA 00590 for Tropical Storm Debby; 13. RSA 00990 for Hurricane Milton;
5. RSA 00596 for Tropical Storm Debby; 14. RSA 00991 for Hurricane Milton;
6. RSA 00729 for Hurricane Helene; 15. RSA 01047 for Hurricane Milton;
7. RSA 00844 for Hurricane Helene; 16. RSA 01038 for Hurricane Milton;
8. RSA 00758 for Hurricane Helene; 17. RSA 01111 for Hurricane Milton;
9. RSA 00779 for Hurricane Helene; 18. RSA 01145 for Hurricane Milton;
and
C) authorize the County
Administrator, or designee, to accept, approve, execute and/or submit, on
County’s behalf, cost estimates, RSAs as a requesting or assisting party, and
reimbursement/claim requests, as well as any representations, certifications,
acknowledgments, assurances, standard forms and documents, amendments, time
frame changes, program change requests, and any other necessary documents that
do not materially change the general scope of terms and conditions of the SMAA.
SUMMARY: On December
5, 2023 (R2023-1803), the Board of County Commissioners (BCC) approved the
FL-DEM SMAA replacing the previous 2018 SMAA, for a period of one (1) year from
the date of execution with automatic renewals each year. The SMAA sets forth
standard protocols for the request, utilization and reimbursement process
associated with requests for assistance by local governments or FL-DEM during
emergencies or disasters. An amendment to the SMAA by FL-DEM listed PBCFR as an
encompassed entity SMAA designee eligible for SMAA request and assistance
procedures, including being an SMAA signatory for all asset request, assistance
and applicable reimbursement processes. The SMAA provides for a requesting
party and an assisting party to sign RSAs, which are supplemental agreements of
support. In response to a request for assistance, PBCFR entered into eighteen
(18) Resource Support Agreements relating to assistance rendered on various
dates for varying missions. Countywide (SB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
5. Staff recommends
motion to approve: the write-off of uncollectible emergency
transport patient accounts to remove these amounts from the County’s general
ledger for the following period:
October 1, 2019 through
September 30, 2020 (FY 2020) $11,895,201.24
SUMMARY: In December
1994, the Board of County Commissioners (BCC) authorized Fire Rescue to
transport critically ill/injured patients and bill for those services. The
County contracts with a private company for these billing and collection
services. The County receives payment from a number of sources, including
commercial insurance, Medicare, Medicaid, and private individuals. During the
period October 1, 2019 to September 30, 2020, Fire Rescue generated $51,516,306.41 in gross transport billings and
collected (to-date) $25,107,129.84. After
adjustments of $14,513,975.33, required under
the guidelines of the Medicare and/or Medicaid programs, the balance of $11,895,201.24
is currently deemed to be uncollectible. This balance is primarily due to
partial payments, insurance denial based on medical necessity, the inability to
obtain accurate patient and/or insurance information, and patients without
medical coverage or high deductibles. Staff recommends the amount deemed
uncollectible be written-off the County’s general ledger. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends motion
to receive and file: the termination of Agreement R2021-1629 (Agreement)
with the City of Jacksonville (City), which terminates the licensing agreement
for the Inspector General Information Management System case management
software Services, (Application Services) effective October 31, 2024, as
requested by the City. Summary: The City currently contracts with Palm Beach County (PBC) for Application
Services. The City notified PBC that
these services were no longer needed, and requested the termination of the
agreement effective October 31, 2024.
This item is a receive and file of the
termination letter and has formally closed out the Agreement, as requested by
the City. Countywide (DB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the First Amendment to contract for
Community Services and Restitution for Reentry Youth with Choice to Change,
Inc. (C2C) (R2023-1633) for the period of October 1, 2023 through September 30,
2025. Summary: The
Public Safety Department’s Youth Reentry Program under their Justice Services
Division entered into a contract with C2C on November 7, 2023 to organize
community service events for youth reentry participants to earn community
service hours. Once community service hours are completed, C2C will provide
proportionate financial payments towards their restitution and court fee
payments. Based on the increased number of youth served during the FY 2024,
along with identification of additional support service needs, it is necessary
to extend the contract until September 30, 2025, and to increase C2C’s annual
allocation by $16,650 from $44,790 to $61,440. The increase is funded by unspent
funds allocated for support services. Of
the total increase, $4,000 will be allocated to maintain ongoing contracted
services, $11,000 will be added for support services for the youth reentry
clients, their families, and program needs, and $1,650 for a 15% administrative
fee calculated from support services expenditures. The administrative fee
covers costs associated with the time and travel for the C2C staff to
facilitate purchase of support services. In the first contract with this agency
from March 14, 2023 to September 30, 2023, six (6) youth were enrolled with
Choice to Change, Inc., 44 different community service events were facilitated,
195 community service hours were completed, and over $1,800 of payments made by
agency towards restitution. The budget for FY 2024 was estimated to cover
expenses based on this output. In the current contract year, nearly two (2)
times the number of expected youth were enrolled for services; 21 youth were
enrolled with the agency, 203 community service events were facilitated, over
640 community service hours were completed, and over $4,070 of payments made by
agency towards restitution. This amendment was executed by Purchasing in order
to ensure contract extension was approved prior to end of contract term. Countywide
(RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
2. Staff recommends
motion to receive and file: the executed Palm Beach County Sheriff’s
Office (PBSO) State Law Enforcement Trust Fund Agreement (LETF) which provides
partial funding of expenses associated with regulation of home caregivers in
the amount of $20,000 for the period July 1, 2024 through June 30, 2025. Summary: The Department of Public
Safety Division of Consumer Affairs administers the Home Caregiver Ordinance, a
general fund program. While home
caregivers affiliated with an agency pay a $30 application fee and
private/independent caregivers pay a $100 application fee for the ID Badge,
there is an annual shortfall of revenue that is offset by general funds. To close this revenue shortfall and keep the
five (5) year ID badge affordable, staff submitted an application to PBSO for
LETF funding and was subsequently notified of the $20,000 award. R2021-1848 authorized the County
Administrator or designee to sign future LETF agreements including amendments
and renewals that do not change the scope of work or terms and conditions of
the contract. The County received the fully executed agreement on October 15,
2024. Countywide (RS)
AA. PALM TRAN
1. Staff recommends
motion to approve: a
contract for provision of financial
assistance with The ARC of Palm Beach County, (ARC) Inc. in an amount not to
exceed $240,480 for the transportation of individuals with disabilities,
seniors, and transportation disadvantaged individuals of Palm Beach County, for
the two (2)-year period, beginning retroactively, on October 1, 2024 through
September 30, 2026. Summary: This
contract provides financial assistance for partial reimbursement of
transportation costs for life-sustaining services being provided by ARC for
disadvantaged clients. This award is not to exceed $120,240 per fiscal year
(FY) for up to 10,020 trips at a cost of $12 per one-way trip. ARC provides over
10,000 trips annually, serving over 100 individuals per month. A $12 reimbursement rate per trip
is increasing from the previous contract rate of $10 due to the increased costs
of transportation. The rate is significantly less than the normal cost of a
Palm Tran Connection trip, which is approximately $50.82. The projected savings
from having ARC provide the service instead of Palm Tran Connection is $388,976
per year. Trip services provided by ARC include adult day care, medical appointments and
employment. Countywide (MM)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
2. Staff recommends
motion to approve: Certification
of Palm Tran’s general administrative costs as required by section 341.071,
Florida Statutes, Transit Productivity and Performance Measures Reports. Summary: Effective July 1, 2024, Chapter. 2024-57,
Laws of Florida, amends section 341.071, Florida Statutes, Transit Productivity and Performance Measures
Reports, by adding subsection (4). This new provision requires public transit
providers to disclose certain information and documentation relating to its
budgeted and general administrative costs. Per Section 341.071(4)(c), Florida Statutes, the department shall determine, by
tier, the annual state average of administrative costs by determining the
percentage of the total operating budget which is expended on general
administrative costs in the state. The tiers are Tier 1 and Tier 2 as defined
by 49 C.F.R. part 625. Palm Tran
certifies that our ratio of administrative costs to operating costs for FY 2023
is 16.29% and is below the state Tier 1 average of 24.05%. Palm Tran also
certifies that no gifts as defined in Section 112.312, Florida Statutes, were
accepted in exchange for contracts and submits the following required
documentation:
1. FY 2024
Line-item budget report of its budgeted and actual general administrative
costs;
2. All salaried
executive management-level employees’ total compensation packages; and
3. Ridership performance and metrics based on
the most recent closed-out data from the National Transit Database.
Countywide (MM)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
3. Staff recommends
motion to:
A)
adopt a Resolution
of the Board of County Commissioners (BCC), of Palm Beach County, Florida, approving
a Fiscal Year (FY) 2025 Public Transportation Grant Agreement (PTGA) in Block
Grant funding for urbanized public transportation operating assistance (FM No.
407188-4-84-01) Public Transit Block Grant Program (CSFA 55.010) with the State
of Florida Department of Transportation (FDOT), providing a grant in the amount
of $6,563,725, to offset the operating costs of providing fixed route services
to the public in Palm Beach County. The PTGA will become effective upon FDOT
execution and has an expiration date of November 30, 2026;
B) approve a Budget Transfer of $231,495 in the Palm Tran
Operating Fund 1340 to reconcile the revenue budget to the actual grant award
and reduce the transfer from the General Fund 0001; and
C) approve
a Budget Transfer of $231,495 in the General Fund 0001 to reduce the transfer
to Palm Tran Operating Fund 1340 and increase Contingency Reserves.
Summary: The
PTGA provides Palm Beach County its annual allocation of the Public Transit
Block Grant Program (CSFA 55.010); Palm Tran will utilize the grant funds to
offset the operating costs of providing fixed route service on all routes in
the County. This FY2025 PTGA, in the
amount of $13,127,450, requires a match
of 50% or $6,563,725 and provides a grant in the amount of $6,563,725. The
match is included in Palm Tran’s FY2025 budget.
The grant requires broader indemnification by the County than that
approved by PPM CW-F-049. The grant requires the County and its
officers, agents, or employees to indemnify, defend, and hold harmless 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 for 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 BCC approval. Countywide
(MM)
DECEMBER
10, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: Afterschool Arts Outreach 2024/2026 Agreement
with Norton Museum of Art, Inc. (Agreement) for the period October 4, 2024
through September 30, 2026, to continue providing afterschool arts community
education to economically and/or academically challenged youth attending the Highridge Family Center (Highridge)
at no cost to Palm Beach County. Summary:
Highridge has been selected again by the Norton
Museum of Art, Inc. (Norton) to participate in Norton’s Afterschool Arts
Outreach Program (Program). The Program provides significant year-round
exposure to art with free weekly art classes to youth by a local professional
artist. It is anticipated that up to 75 Highridge Family Center residents will participate in this
program during the course of a year.
There are no costs associated with this Agreement. On March 12, 2013,
Agenda Item No. 3X-1 authorized the County Administrator, or designee, to
execute future agreements/amendments with Norton for the educational art
classes/programs at Highridge on behalf of the Board
of County Commissioners (BCC), after approval of legal sufficiency by the
County Attorney’s Office. 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. J. Rachel Gustafson, an employee of Norton
Museum of Art, Inc., is a member of the Public Art Committee. This board
provides no regulation, oversight, management or policy-setting recommendations
regarding the Agreement. Disclosure of
this contractual relationship at a duly noticed public meeting is being
provided in accordance with the provisions of Section 2-443, of the Palm Beach
County Code of Ethics. Countywide
(HH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
2. Staff recommends
motion to receive and file: Contractual Services Agreement Professional
Psychological or Expert Witness Services in Adult and/or Juvenile Criminal
Matters (Agreement) with the Fifteenth Judicial Circuit (Court), for the
continued performance of services through June 30, 2027. Summary: Since 2004, the Court had contracted with
the County’s Public Safety Department’s (PSD) Division of Justice Services’
Forensic Psychology Office to provide court-ordered services. Seniors, adults,
teens, and children throughout the county are directed to the Forensic
Psychology Office with the appropriate court order, outlining which specific
evaluation is required. In 2022,
the Board of County Commissioners (BCC) approved an agreement with the Court to
provide psychological assessments and expert witness services in adult and
juvenile criminal matters, (R2022-0998), and specific psychologist positions
transferred to Youth Services Department (YSD) in FY 2022. Since the transfer,
45 Emergency Threat Assessments have been completed (23 in FY2022-2023 and 22
in FY2023-2024). This Agreement partially compensates YSD for the contractual
services provided to the Court. On April
19, 2005, Agenda Item 3X1 authorized the County Administrator, or designee, to
sign future contracts to provide psychological services to the Fifteenth
Judicial Circuit. 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. Countywide
(HH)
CC. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $80,280 from the Federal
Justice Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s
Office (PBSO). Summary: The 2024 Guide to Equitable Sharing for
State, Local and Tribal Law Enforcement Agencies (GUIDE), provides that
seizing law enforcement agencies shall use Justice and Treasury Forfeiture
proceeds for law enforcement purposes only.
Permissible uses include: law
enforcement operations and investigations; law enforcement training and education;
law enforcement, public safety, and detention facilities; law enforcement
equipment; joint law enforcement/public safety operations; contracts for
services; law enforcement travel and per diem; law enforcement awards and
memorials; drug, gang and other prevention or awareness programs and matching
grants. The transfer of Federal Justice LETF requested above will allow PBSO to
update and enhance the communication equipment of the Special Operations
Division. Use of Federal Treasury LETF
requires approval by the Board of County Commissioners (BCC), upon request of
PBSO. The current Federal Justice LETF balance is $346,345. Approval of this
request will reduce the Federal Justice LETF balance to $266,065. The PBSO certifies that the use of these
funds is in accordance with the GUIDE. No new positions are needed and no
additional County funds are required. Countywide
(RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
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 FY 2023-2024 State Assistance for Fentanyl
Eradication (SAFE) in Florida Program, which provides $150,000 in supplemental
funding; and
B) approve a Budget Amendment of $150,000 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 2023-2024 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
September 17, 2024, the BCC accepted a grant award letter providing $200,000 in
supplemental funding. On October 30, 2024, FDLE awarded PBSO an additional
$150,000 in grant funding to continue to conduct joint operations and
investigations through June 30, 2025.
The total grant award is $825,000.
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)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office (PBSO) a Department of Homeland Security, FY 2024 Targeted Violence and
Terrorism Prevention Grant Program grant award in the amount of $700,000 for
the period of October 1, 2024 through September 30, 2026; and
B) approve a Budget Amendment of $700,000 in the Sheriff’s
Grants Fund.
Summary: On September 5, 2024 PBSO received
a federal grant award in the amount of $700,000 to enhance our Palm Beach
County School and Community Violence Prevention Project and corresponding
comprehensive implementation strategy which addresses threats of mass violence
in the community. Funding will be used to support the hire of one (1) full time Detective
position, one (1) full time Case Manager position, one
(1) full time Intelligence Analyst position, training, supplies, and community
awareness. An
increase in funding from the County may be requested through our annual budget
process once the grant ends to support the three (3) newly added
positions. The
Office of Attorney General (OAG) Catalog of Federal Domestic Assistance (CFDA)
Number for this program is 97.132. The Agreement number is EMW-2024-GR-05163. There
is no match requirement associated with this award. Countywide
(RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office (PBSO) a Department of Justice, Office of Justice Programs FY2024 Kevin
and Avonte Program: Reducing Injury and Death of
Missing Individuals with Dementia and Developmental Disabilities Program grant
in the amount of $150,000 for the period of October 1, 2024 through September
30, 2027; and
B) approve a Budget Amendment of $150,000 in the Sheriff’s
Grants Fund.
Summary: On September 27,
2024, PBSO received a Federal grant award in the amount of $150,000 to increase
Palm Beach County’s capacity to reduce injury and death of missing individuals
with dementia and developmental disabilities. Funding will be used to support contractual
services, travel, training, and supplies. The Department of Justice Office of Justice
Programs Catalog of Federal Domestic Assistance (CFDA) Number
for this program is 16.015 and the contract number is 15PBJA-24-GG-04027-MAPX. There is no match
requirement associated with this award. Countywide (RS)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office (PBSO) a Department of Justice, Office of Community Oriented Policing
Services (COPS Office) FY 2024 Community Policing Development Microgrant in the amount of $175,000 for the period of
October 1, 2024 through September 30, 2026; and
B) approve a Budget Amendment of $175,000 in the Sheriff’s
Grants Fund.
Summary: On September 30,
2024, PBSO received a Federal grant award in the amount of $175,000 to expand
PBSO’s LGBTQ+ Liaison Program. Funding will be used to support contractual
services, training, and supplies. The Department of Justice Office of Justice
Programs Catalog of Federal Domestic Assistance (CFDA) Number
for this program is 16.710 and the contract number is 15JCOPS-24-GG-02552-PPSE. There is no match
requirement associated with this award. Countywide (RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an Agreement Between
the State of Florida, Office of the Attorney General (OAG) and the Palm Beach
County Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of
$211,981 for the period October 1, 2024
through September 30, 2025; and
B) approve a Budget Amendment of $211,981 in the Sheriff’s Grants Fund.
Summary: On September 10, 2024, the Palm
Beach County Sheriff’s Office (PBSO) received a VOCA grant. These funds will be
used to continue funding the three (3) victim advocate positions to concentrate
on the domestic violence, human trafficking, and violent crime victim
population in Palm Beach County. The three (3) positions will coordinate
services with PBSO Deputies, the County’s Victim Services Programs, and other
municipal agencies to offer crisis intervention, lethality assessments, safety
plans, and case management services. An increase in funding from the County may
be requested through our annual budget process once the grant ends. The
OAG Catalog of Federal Domestic Assistance (CFDA) Number for this program is 16.575 and OAG grant number VOCA-C-2024-Palm Beach County Sheriff’s Offi-00194. Countywide (RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: the
At-Large appointment to the Commission on Women Advisory Board (ACW) for a term
beginning December 10, 2024 and expiring September 30, 2025.
Appoint Seat No. Requirement Nominated By
Silvia
Ibrahim 15 PBC Resident Commissioner Weiss
Commissioner
Woodward
Summary: The ACW serves as an advisory body to focus on matters pertaining
specifically to women. Per Resolution R2018-0188, the Board of County
Commissioners (BCC) established the ACW and per Resolution R2023-0098 extended
its service. A memorandum was sent to the BCC soliciting recommendations for
the vacancy. Silvia Ibrahim subsequently submitted an application and expressed
her interest in an appointment. The ACW is comprised of 15 members, two (2)
appointed by each County Commissioner and one (1) at-large appointed by
majority vote of the BCC. The BCC may also appoint a youth representative
(15-18 years of age) to serve as an ex-officio member. The board meets at least
quarterly. Ten (10) seats are currently filled. The current diversity count is
Caucasian: 5 (50%), African-American: 2 (20%), Hispanic: 2 (20%) and Unknown: 1
(10%). The gender ratio (female: male) is 10:0.
Staff has addressed the need to increase diversity within our boards and
will continue to encourage this to expand this Board’s diversity. Countywide (JW)
2. Staff recommends
motion to approve:
Amendment No. 2 to the contract for Consulting/Professional Services with the
Legal Aid Society of Palm Beach County, Inc. (LAS). This amendment to the
contract is for a period of 12 months, beginning January 1, 2025, for the
contract price of $145,333. SUMMARY:
On January 10, 2023, the Board of County Commissioners (BCC) approved the
contract (R2023-0038) with LAS for
three (3) years at $435,999 inclusive of
two (2) one (1) year renewal options. This is the final renewal option. The
contract covers the salary and benefits of the staff attorney assigned to the
Wage Dispute Project, and the support, investigative, court processing services
and other actual costs of the project. In 2023, 149 individuals were provided
service under the contract. For the current year, the number served to
date is 134 (from January 1, 2024 through October 31, 2024). Kimberly Rommel
Enright, employee of the LAS, serves on the Palm Beach County HIV CARE Council
(Council), which is a County Advisory Board. The Council provides no
regulation, oversight, management, or policy-setting recommendations regarding
the contract listed above. Disclosure of this contractual relationship at a
duly noticed public meeting is being provided in accordance with the provisions
of Section 2-443 of the Palm Beach County Code of Ethics. Countywide (DO)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF EQUAL OPPORTUNITY
3. Staff recommends
motion to receive and file: the Extension of Worksharing Agreement FY
2025 with the U. S. Equal Employment Opportunity Commission (EEOC). SUMMARY:
The Worksharing Agreement is designed to provide
individuals with an efficient procedure for obtaining redress for their
grievances under Palm Beach County’s Equal Employment Ordinance and Federal
laws. The Worksharing Agreement is a prerequisite to
the receipt of a Charge Resolution Contract with the EEOC. On November 26,
1996, the Board of County Commissioners (BCC) approved staff’s recommendation
that future Worksharing Agreements be executed by the
County Administrator, or designee, because of the recurring time constraints
involved in this process. Pursuant to Countywide PPM-CW-O-051, the
attached document is now being submitted to the BCC to receive and file. No
County funds are required. Countywide (DO)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. Staff recommends
motion to approve: the
appointment of four (4) applicants to the Equal Business Opportunity Advisory
Committee (EBOAC) for the term December 10, 2024 through December 9, 2027:
|
NEW
APPOINTMENT |
SEAT |
DESIGNATION |
NOMINATED
BY |
|
Angela Barnard |
3 |
Certified Woman Business Owner |
Mayor Marino Commissioner Weiss |
|
Melanie Roger |
5 |
Business Owner Domiciled in Palm Beach County |
Mayor Marino Commissioner Weiss |
|
Deeawn T. Roundtree |
9 |
Women’s Business Organization |
Mayor Marino Commissioner Weiss |
|
Thais Sullivan |
14 |
Black Chamber of Commerce |
Mayor Marino Commissioner Weiss |
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. 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 15 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. On November 1, 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: 5 (45.45%), Caucasian: 3
(27.27%), and Hispanic: 3 (27.27%). The
gender ratio (female: male) is: 5:6. The nominees for appointment are Angela
Barnard, Caucasian female; Melanie Roger, African-American female; Deeawn T. Roundtree, African-American female; Thais
Sullivan, African-American female. Ms. Angela Barnard is the owner of Audio
Video Systems, Inc. Audio Video Systems, Inc. contracts with Palm Beach County
for services; however, EBOAC provides no regulation, oversight, management, or
policy setting recommendations regarding the contracts or transactions with
Audio Video Systems, Inc. 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. Staff has addressed the need to
increase diversity within our boards and will continue to encourage this to
expand this Board’s diversity. Countywide (RS)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
FF. INTERNAL AUDITOR
1. Staff recommends
motion to: Appoint one (1) alternate member to the Internal Audit
Committee (IAC):
|
Seat |
Nominee |
Term |
Nominated by: |
|
Alternate |
Sonny Maken |
12/11/2024 - 12/10/2027 |
Vice Mayor Baxter |
Summary: The purpose of
the Internal Audit Committee is to assist the Board of County Commissioners
(BCC) in fulfilling its oversight and governance responsibilities of County
operations and providing advice and recommendations to the County Internal
Auditor. All members of the
Internal Audit Committee are required to be citizens of Palm Beach County,
independent of County operations and officials, with experience in business or
finance; government accounting, auditing, operations or financial management;
or other relevant experience. At its
September 18, 2024 meeting, the Internal Audit Committee unanimously
recommended the appointment of Mr. Maken to the Alternate Seat. The Alternate Committee member will serve a
three (3) year term ending December 10, 2027.
The audit committee consists of five (5) full member seats and one (1)
alternate member seat. Following this
appointment, the five (5) full-member and one (1) alternate seats will be
filled. The current diversity count is
Caucasian: 5 (83%). The gender ratio
(male: female) is 4:1. Staff is
addressing the need to increase diversity within its boards and will continue
to encourage expansion of the Committee’s diversity. Countywide (DB)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
GG. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed Palm Beach County FY 2025,
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 Columbus Day Open hosted by the City of Delray Beach
held October 12 – 14, 2024, for the term of April 12 – January 14, 2025. This
grantee was approved by the TDC
on June 13, 2024, in the amount of $7,500.
Summary: In accordance with County PPM
CW-O-051, all delegated contracts, agreements, and grants must be submitted by
the initiating Department as a Receive and File agenda item. 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 Columbus Day Open hosted by the
City of Delray Beach were 276. Countywide/District 7 (YBH)
DECEMBER 10, 2024
3. CONSENT
AGENDA APPROVAL
GG. TOURIST DEVELOPMENT COUNCIL
2. Staff recommends
motion to receive and file: two (2) fully executed Palm Beach County
FY2025, Category “G” Grant Agreements managed by the Palm Beach County Sports
Commission, Inc. (Sports Commission), on behalf of the Palm Beach County
Tourist Development Council (TDC) with:
A) Perfect Game USA, Inc., for the promotion
of the Perfect Game WWBA Championship Week/Perfect Game WWBA 13U & 14U
World Championship, held October 4 – 21, 2024, for the term April 4, 2024 –
January 21, 2025. This grantee was approved by the TDC on June 13, 2024, in the
amount of $129,000; and
B) Orlando
Youth Hockey Association, Inc., for the promotion of the Columbus Day Discovery
Showdown, held October 10 – 13, 2024, for the term April 10, 2024 – January 13,
2025. This grantee was approved by the TDC on June 13, 2024, in the amount of $8,000.
Summary:
In accordance with County PPM CW-O-051, all delegated contracts,
agreements, and grants must be submitted by the initiating Department as a
Receive and File agenda item. 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 Perfect Game USA, Inc./ Perfect Game WWBA Championship Week/Perfect Game WWBA 13U
& 14U World Championship were 10,877, and room nights generated for Orlando
Youth Hockey Association, Inc./ Columbus Day Discovery Showdown were 324. Countywide/Districts
1, 6, & 7 (YBH)
* * * * * * * * * * * *
DECEMBER 10, 2024
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation declaring December 2024 as Impaired Driving Awareness
Month. (District 4)
B) Certificate of Appreciation presented to Loggerhead Marinelife
Center. (District 1)
C) Proclamation declaring December 2024 as Palm Beach County Family
Caregivers Month.
(District 4)
D) Proclamation declaring December 8 – 14, 2024 as: (District 6)
- PBSO District 15 Street Crimes Unit Agent
Sergeant Bert Gaudreau Week.
- PBSO District 15 Street Crimes Unit Agent
Timothy Laquerre Week.
- PBSO District 15 Street Crimes Unit Agent
Thomas San Filippo Week.
* * * * * * * * * * * *
DECEMBER 10, 2024
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. PALM TRAN
1. Staff recommends
motion to approve:
A) the filing of an electronic grant
application #1098-2025-1, with the Federal Transit Administration (FTA), for
Flex Funds (CFDA 20.507) programmed by the Palm Beach Transportation Agency
(TPA) and the Florida Department of Transportation (FDOT) for capital funds
allocated to the Palm Beach County Board of County Commissioners (BCC) in the
amount of $10,938,876. This is a
cost-reimbursable agreement that will become effective upon FTA Award and has
an anticipated end date of March 30, 2036;
B) the Program of Projects (POP) for Flex Funds Grant allocations as
programmed by the TPA and FDOT, in the amount of $10,938,876;
C) the filing of Standard Form LLL - Disclosure of Lobbying Activities;
D) authorization for the County Administrator or
designee to execute on behalf of the BCC, and to transmit electronically, the
BCC’s approval of the Grant Application, award, and the resulting grant
agreement; and
E) an upward Budget Amendment of $10,938,876 in Palm Tran’s Grant Fund
1341 to recognize the actual grant allocation as detailed in grant application
1098-2025-1.
Summary: Federal Flex Funds are
programmed by the TPA and FDOT. The Long Range Transportation Plan (LRTP) is
the 25-year vision for transportation in Palm Beach County. It evaluates the
existing transportation network and identifies projects that will serve our
needs in the future. The LRTP allocates millions of Federal Surface
Transportation Program funds annually to advance lower-cost, non-regionally
significant transportation projects identified by the TPA through the Local
Initiatives (LI) program, an annual competitive application process where
projects are submitted to the TPA and prioritized for funding. Funded projects
are either implemented by the applicant or funded through a fund transfer to
FTA. This application includes the
following: $7,858,221 for the purchase of seven (7) Electric Buses to replace
diesel buses that have reached their useful life; $1,000,000 to acquire the
necessary charging equipment; $1,000,000 for Transit Signal Priority; $800,000
for Bus Shelter construction; and $280,655 for Enhanced Americans with
Disabilities (ADA) Access to Bus Shelters. The Flex Grant applications have a
match requirement of $2,187,775 or 20% of the total project cost. The source of the matching funds comes from
Toll Revenue Credits provided by FDOT.
No County funds are required. The
grant application also requires execution of the Disclosure of Lobbying
Activities, Form LLL. Countywide
(MM)
* * * * * * * * * * * *
DECEMBER 10, 2024
A. AIRPORTS
1. Staff recommends motion
to adopt: a Resolution establishing maximum parking
rates for public parking facilities at the Palm Beach International Airport
(PBI) to be implemented incrementally over a period of five (5) years,
commencing on February 1, 2025; authorizing the County Administrator or
designee to suspend, reduce or waive parking fees under certain circumstances
and to establish employee, flight crew and temporary parking rates; and
providing for the repeal of Resolutions 2011-1436 and 2012-1875. Summary: The Resolution establishes maximum daily
rates for the public parking facilities at the PBI with incremental increases
over the next five (5) years with the first increase commencing on February 1,
2025. Effective February 1, 2025, the
maximum daily rates will be adjusted as follows: premium parking will increase
from $30 to $34 per day; short-term parking will increase from $17 to $21 per
day; long term parking will increase from $13 to $14 per day; economy parking
will increase from $7 to $8 per day.
Effective January 1, 2027, the maximum daily rates will be increased to
the following: $36 per day for premium parking; $23 per day for short term
parking; $15 per day for long term parking and $9 per day for economy parking.
Effective January 1, 2030, the maximum daily rates will be increased to the
following: $38 per day for premium parking; $25 per day for short term parking;
$16 per day for long term parking and $10 per day for economy parking. It is anticipated that reservations and valet
parking options will be offered starting in calendar year 2025 as pilot
programs; therefore, the Resolution also authorizes collection of service fees
associated with reservations and establishes maximum daily rates for valet
parking. The initial maximum daily rate
for valet parking will be $36 per day, increasing to $38 on January 1, 2027 and
$40 on January 1, 2030. PBI’s parking rates for existing facilities and
services will remain lower than other competing airports in the region for
comparable parking facilities. Valet parking
charges will be established at rates competitive with competing airports while
minimizing costs absorbed by the County for the provision of the service. A comparison of parking rates can be found in
Attachment 2. The Resolution also
clarifies and consolidates prior delegations of authority provided in
Resolution 2011-1436 and Resolution 2012-1875, relating to parking discounts,
and various agenda items. The Resolution delegates authority to the County
Administrator or designee, which in this case is the Director of the Department
of Airports (Department), to suspend, reduce or waive parking fees under
limited circumstances, including due to emergency events, failure of revenue control equipment, for
recovery of stolen vehicles and abandoned rental cars, vehicular damage and
other similar circumstances; to establish employee and flight crew parking
rates; and to establish parking rates for temporary parking in an amount not to
exceed a flat rate of $35 per vehicle or a daily rate not to exceed the rate
established for economy parking. Countywide (AH)
DECEMBER 10, 2024
6. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an Assignment and
Assumption of Offsite Drainage Easement from Atlantic Commons Associates, LLLP
(Developer) for the positive storm water outfall for the County’s proposed
civic site parcel located within the Atlantic Commons PUD. Summary:
On April 2, 2013, the Board of County Commissioners (BCC) approved a Civic Site
Dedication Agreement (R2013-0396) (Agreement) with various residential
development entities owned by GL Homes, under which GL Homes is obligated,
among other things, to convey to the County an approximately 6 acre civic site
within the Atlantic Commons PUD located at the NE corner of Atlantic Avenue and
the Turnpike (Civic Site Parcel) and to provide a positive storm water outfall
easement for drainage from the Civic Site Parcel into the storm water management
system located immediately north of the Civic Site Parcel. On August 20, 2024, the BCC approved a First
Amendment (R2024-1009) modifying access and utility easement requirements. Developer dedicated an offsite drainage
easement (Easement) for drainage purposes pursuant to the Atlantic Commons -
Plat Three for the benefit of the Civic Site Parcel. This Assignment and Assumption irrevocably
assigns, conveys and transfers to County all of Developer’s right, title and
interest in and to the Easement. There
is no fiscal impact associated with the approval of this agenda item. (Property & Real Estate Management) District
5 (HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: a HOME Investment Partnerships (HOME)
Program Community Housing Development Organization (CHDO) funding award of
$1,880,000 to Habitat Housing Solutions, Inc. (HHSI). SUMMARY: On August 20, 2024, the Department of Housing
and Economic Development (DHED) received a proposal in the amount of $1,650,000
in HOME CHDO Program Activities and up to $230,000 in CHDO Operating Funds.
HHSI is eligible to participate in the program for the creation of affordable
rental or homeownership housing through new construction or acquisition and/or
rehabilitation of residential property. HHSI
is the CHDO working in coordination with Habitat for Humanity of Greater Palm
Beach County. An internal review
was conducted on September 13, 2024 and staff recommends funding to HHSI for
the Scattered Site lots project in the amount of $1,650,000 for program
activities and up to $230,000 for operating funds. This for-sale project will create 11 new
single family homes. When completed, the project will consist of ten (10)
3-bedroom/2-bathroom and one (1) 2-bedroom/2-bathroom single family homes. The
sale prices for the County-assisted units are as follows: one (1) unit will be
$370,000, one (1) unit will be $235,000 and nine (9) units will be $415,000
each. All County-assisted housing units
will remain affordable to households with incomes no greater than 80% of Area
Medium Income (AMI) for no less than 30 years.
The total project cost is $3,100,000 ($275,000 per unit for ten (10)
units and $350,000 for one (1) unit).
Total County funding for this Project is $1,650,000 or 53.23% ($150,000
per unit). Loan agreements and related documents pursuant to these HOME funds
will be between the County and the HHSI and its respective successors and/or
assigns. These are HOME grant funds
that do not require a local match. Districts
2, 3, 6 & 7 (HJF)
|
Funding
Sources: |
||||||||||||
|
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
2. Staff recommends
motion to approve:
revised Impact Fee Affordable Housing Assistance Program (IFAHAP) Guidelines. SUMMARY:
The IFAHAP makes impact fee interest earnings available to developers to offset
impact fees due on new housing construction. In return, the developers accept
restrictions that ensure affordability to households with incomes no greater
than 140% of Area Median Income (AMI). The Department of Housing and Economic
Development (DHED) offers IFAHAP assistance through a Notice of Funding
Availability. The proposed revisions include: 1) increase the period of
affordability on all housing types (rental and for-sale) from a period of not
less than 15 years to a period of not less than 30 years; 2) reduce the maximum
eligible income served by rental units from 140% of AMI to 110% of AMI; 3)
clarify that housing units that meet a Palm Beach County Workforce Housing
Program obligation are not eligible for assistance; 4) eliminate the ability to
buy out of affordability requirements by repaying the IFAHAP assistance; 5)
requiring a penalty payment in the event of default while still preserving the
affordability requirements; 6) add language prohibiting any rental increases at
any time other than at lease renewal; and 7) make ministerial corrections and
alterations. The revised Guidelines will apply to all future IFAHAP awards. Countywide
(HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
3. Staff recommends
motion to approve:
A) a Budget Transfer of $215,327.28 from the Housing Initiative
Fund to the HOME Investment Partnership Act Fund; and
B) a Budget Amendment of $215,327.28
in the HOME Investment Partnership Act Fund to recognize the transfer from the
Housing Initiative Fund.
Summary: On September 13, 2016 (#3I-2), the Board of County Commissioners (BCC)
approved a $389,046 HOME Investments Partnership Program (HOME) award to
Habitat Housing Solutions, Inc. (HHS) for the construction of two (2) single
family housing units for affordable homeownership. On July 11, 2017 (#5D-1), the BCC approved a
$749,767 HOME award to the Community Land Trust of Palm Beach County, Inc.
(CLT) for the construction of six (6) single family housing units for
affordable homeownership. Federal HOME
Program regulations at 24 Code of Federal Regulations (CFR) Part 92 require
that activities be completed within four (4) years from the commitment of HOME
funding. Both the HHS and the CLT
activities completed construction and conveyed the homes to eligible homebuyers
within the required four (4)-year period.
However, delays in processing final draws of HOME funds prevented the
County’s completion of the activities in the U.S. Department of Housing and
Urban Development (HUD) Integrated Disbursement and Information System within
the required four(4)-year period. Additionally, HUD identified instances where
the funding agreements for the HOME activities did not meet regulatory
requirements at 24 CFR Part 92. As a
result, HUD now requires the reimbursement of the County’s HOME Trust Fund
Account in the amount of $215,327.28 from non-Federal funds. Approval of this agenda item will allocate
$215,327.28 from the Housing Initiative Fund to make the reimbursement. After
transfer to the County’s local HOME Fund account, the funds are available to
the County for expenditure on new activities in accordance with HOME Program
requirements. Countywide (HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
4. Staff recommends
motion to:
A) approve General Obligation Housing Bond Loan
Program (HBLP) – Workforce Housing Multifamily Development award to Richman
Lake Worth Apartments, LLC in the amount of $13,000,000 for the Residences at
Lake Worth Beach Apartments project (Project); and
B) authorize the County Administrator, or designee, to
execute the loan agreement, amendments thereto, and all other documents
necessary for project implementation that do not substantially change the scope
of work, terms or conditions of the agreement.
SUMMARY: At the June 4, 2024 Board of County Commissioners (BCC) meeting, the BCC
conceptually approved HBLP funding in the amount of $13,000,000 and
transmission to the County’s third-party underwriter for the Project located at
2431 2nd Avenue North in Lake Worth Beach. The Project consists of
construction of 195 workforce rental development units with 164 units County-assisted. Fourteen (14) units restricted to no more than 80% Area Median Income (AMI) and
181 units at no more than 110% AMI. The total project cost is $68,702,170 ($352,319 per unit)
with a County HBLP investment of $13,000,000 for a per-unit cost of $79,268.
Total County HBLP funding for this Project is $13,000,000 or 19% ($79,268 per
unit) of total project. Funding sources for this Project are as follows:
|
Funding Sources: |
||||||||||
|
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
4. SUMMARY
(cont’d.): Based on the preliminary
third-party underwriter’s report, staff has negotiated final terms and
conditions for BCC consideration. County funding will be provided in the form
of a repayable loan at 1% interest. The Agreement and related documents pursuant
to these HBLP funds will be between the County and Richman Lake Worth
Apartments, LLC (and its respective successors and/or assigns). The loan shall be secured by a mortgage and note
that require repayment of principal and interest within 20 years. All County-assisted units will remain
affordable to tenants with incomes no greater than 110% AMI for 50 years.
Affordability restrictions will be recorded through Declarations of Restrictive
Covenants that will survive repayment of the loan. The final third-party underwriter’s report will be provided to DHED 30 days
prior to loan closing; and, as long as the report is consistent with the
preliminary report, staff will prepare the loan agreement and other related
documents. To facilitate project implementation, staff requests authorization
for the County Administrator, or designee, to execute the loan agreement and
all related documents for this project. District 3 (HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
5. Staff recommends
motion to deny: a
General Obligation Housing Bond Loan Program (HBLP) – Workforce Housing
Multifamily Development award to Residences at Marina Village, LLC (Marina
Village) in the amount of $4,719,882. SUMMARY: At the May 7, 2024 Board
of County Commissioners (BCC) meeting, the BCC conceptually approved HBLP
funding in the amount $4,719,882 for Residences at Marina Village project
(Project) and transmission to the County’s third-party underwriter. The
Department of Housing and Economic Development (DHED) prepared a comprehensive
term sheet based on the recommendations of the underwriting report and
submitted the term sheet for approval by Marina Village. Marina Village did not accept the terms as
defined because they have secured a State Apartment Incentive Loan (SAIL), and
as part of the SAIL requirements, all subordinate loans are not permitted to
have required debt service payments. This HBLP loan would be a subordinate loan
to the SAIL loan and the Allocation Process, approved by the BCC on October 3,
2023, requires debt service payments on all HBLP Workforce Housing projects to
begin at least by Year 11. Therefore DHED is recommending denial of the HBLP
funds for the Project due to the developer’s inability to comply with the HBLP
loan terms. District 7 (HJF)
6. Staff recommends
motion to deny: a
General Obligation Housing Bond Loan Program (HBLP) - Workforce Housing
Multifamily Development award to Gallery at Sunset Park, LLC (Gallery) in the
amount of $14,900,000. Summary: At the June 4, 2024 Board
of County Commissioners (BCC) meeting, the BCC conceptually approved HBLP
funding in the amount $14,900,000 for the Gallery at Sunset Park project
(Project), and transmission to the County’s third-party underwriter. The
Department of Housing and Economic Development (DHED) prepared a Comprehensive
Loan Term Sheet (Term Sheet) based on the recommendations of the underwriting
report, and submitted the Term Sheet for approval to Gallery. Gallery did not accept the original terms as
defined in the Term Sheet, but instead requested modifications. The
modifications include a redistribution of the units pertaining to affordability
as shown:
|
|
BCC
Conceptual Approval |
Newly
Proposed |
|
60% AMI |
58 |
16 |
|
110% AMI |
87 |
144 |
|
Total |
145 |
160 |
Due to the failure to
accept the terms recommended in the Term Sheet and included in the BCC
conceptual approval, staff is recommending denial of the HBLP funds for this
Project. District 3 (HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
7. Staff recommends
motion to:
A)
approve a HOME American
Rescue Plan (HOME-ARP) Program award of $1,053,525 to Fort Lauderdale
Independence Training and Education Center, Inc. (FLITE); and
B) authorize the County Administrator, or designee, to
execute the loan agreement, amendments thereto, and all other documents
necessary for project implementation that do not substantially change the scope
of work, terms, or conditions of the award for this Project.
SUMMARY: On May 10,
2023, HED issued a Notice of Funding Availability (NOFA) HED.2023.1 making up
to $7,891,211 in Federal HOME-ARP funding available for the development of
multifamily rental housing, and residential facilities to serve qualifying populations
including the homeless; at-risk of homelessness; and those experiencing housing
instability. All projects must increase
the local inventory of affordable housing units and/or residential facilities
that serve qualifying populations. Applications were accepted on a first-come,
first-eligible and first-funded basis.
Staff review ensured applications met criteria for eligibility,
responsiveness, and viability. Staff recommends funding in the amount of
$1,053,525 to the FLITE to rehabilitate Hawks Edge, a rental development to
consist of eight (8) two (2) bedroom apartments located at 811 9th
Street, West Palm Beach. The property is owned by Payne Chapel A.M.E. which
will lease the property to FLITE for no less than 30 years, and will be
required to execute a Declaration of Restrictions in favor of the County to
secure the HOME-ARP affordability requirements. The total project cost is
$1,404,700 and the proposed total County assistance would be $1,053,525 at a per unit cost of $131,691.
The total County contribution would be 75% of the total project cost.
Additional funding sources for this project is as follows:
|
Funding Sources |
|
|
PBC HOME ARP Award |
$1,053,525 |
|
FLITE Center
Contribution |
$
191,550 |
|
City of West Palm
Beach |
$
159,625 |
|
Total Development Cost |
$1,404,700 |
DECEMBER 10, 2024
6. REGULAR
AGENDA
C. HOUSING & ECONOMIC
DEVELOPMENT
7. SUMMARY (cont’d.): All eight (8) units will provide
transitional housing and supportive
services to youth age 18 to 25 with a focus on youth
aging out of the child welfare system and will bear affordability requirements
of the HOME-ARP Program for no less than 30 years. To facilitate project
implementation, staff requests authorization for the County Administrator, or
designee, to execute the agreements and related documents, for this project. These
are Federal HOME-ARP Program funds which do not require a local match. District 7 (HJF)
8. Staff recommends
motion to approve: a
deadline for all current conceptually approved Housing Bond Loan Program (HBLP)
and Housing Initiatives Program (HIP) funded projects to be submitted for final
Board of County Commissioners (BCC) approval no later than March 11, 2025. SUMMARY: At the May 7, 2024, June 4, 2024 and November 19,
2024 BCC meetings, the BCC conceptually approved HBLP and HIP funding for
several projects. To date, three (3) projects have received final BCC approval,
three (3) projects are scheduled for December 10, 2024, and six (6) projects
are obtaining additional financing or undergoing third party underwriting. The
Requests for Proposals (RFP) required all projects to be shovel ready
upon final approval.
|
Final
Approval |
Scheduled
for 12/10/24 |
Awaiting
Financing/Underwriting |
|
1. Lake Worth Beach CRA Villas 2. Waterview 3. Calusa Pointe II |
1. Lake Worth Beach Apts. 2. Marina Village 3. Gallery at Sunset Park |
1. One North Lake 2. Westgate Terrace 3. Isaiah Clark Apartments 4. Drexel 5. Judge Rodgers Court 6. Village of Valor |
A Workshop to discuss revisions “Housing Bond Allocation Process” is
scheduled for January 28, 2025. Staff is also preparing to issue a new Housing
RFP and would like to establish a deadline for projects to complete any
outstanding issues and receive final BCC approval no later than March 11, 2025.
Countywide (HJF)
DECEMBER 10, 2024
6. REGULAR
AGENDA
D. OFFICE OF EQUAL
BUSINESS OPPORTUNITY
1. Staff recommends
motion to approve on preliminary reading and permission to advertise for
public hearing on January 14, 2025 at 9:30 am: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 2, ARTICLE III, DIVISION 2, PART C OF THE PALM BEACH COUNTY
CODE, (ORDINANCE NO. 2018-021), PERTAINING TO THE EQUAL BUSINESS OPPORTUNITY
PROGRAM; PROVIDING FOR POLICY, PURPOSE, AND OBJECTIVES; PROVIDING FOR
DEFINITIONS; PROVIDING FOR SCOPE AND EXCLUSIONS; PROVIDING FOR OFFICE OF EQUAL
BUSINESS OPPORTUNITY; PROVIDING FOR COMMERCIAL NONDISCRIMINATION POLICY;
PROVIDING FOR ADMINISTRATIVE REFORMS; PROVIDING FOR AFFIRMATIVE PROCUREMENT
INITIATIVES; PROVIDING FOR PROGRAM ADMINISTRATION; PROVIDING FOR REPEAL OF LAWS
IN CONFLICT; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary: The Equal Business Opportunity (EBO) Ordinance is amended to ensure
consistency between the “Procurement and/or Purchasing
Code,” which became effective on November 16, 2024. Additional amendments are made to
Administrative Reforms, Affirmative Procurement Initiatives (APIs) and Program
Administration that are consistent with EBO policies, processes and practices.
The pertinent edits include:
1)
Aligning the EBO Ordinance with the Procurement Code to ensure
consistency and incorporate recent changes to the Code;
2)
Definitions are added, revised, deleted and clarified as needed,
including, but not limited to, making definitions consistent with the
Procurement Code; defining the Active Vendor Directory, and defining the
capabilities of the Enterprise Contract Management System (eCMS);
3) Incorporating the Small Business
Enterprise (SBE) and Minority/Women Business Enterprise (M/WBE) Mentor Protégé
Pilot Program as a permanent part of the EBO Ordinance due to its demonstrated
effectiveness. This program, also known as the Construction Manager at Risk
(CM@R), offers evaluation preferences for construction-related proposals when
the proposing firm agrees to mentor an SBE or M/WBE firm, providing management
guidance and training. Evaluation
criteria includes the firm’s history of SBE participation on previous government
or private sector projects, its SBE or M/WBE participation plan, and its
commitment to achieving Affirmative Procurement Initiatives for applicable
subcontracts;
DECEMBER 10, 2024
6. REGULAR
AGENDA
D. OFFICE OF EQUAL
BUSINESS OPPORTUNITY
1. SUMMARY
(cont’d.):
4)
Adding language to SBE Price Preference for construction contracts where
there are no opportunities for subcontracting to indicate that the majority of
the work must be performed by the Prime SBE respondent;
5)
Adding language to vendor invoice and payment procedures for payment of
undisputed invoices and included Local Government Prompt Payment Act language
as defined in Section 218.70 et seq., Florida Statutes;
6) Adding language to evaluation and
preference provisions to prioritize the participation of Small Business Enterprise
(SBE) respondents and bidders;
7) Updating fees for Special Master Hearing
appeal bond to align with the Procurement Code, ensuring transparency of the
fee structure; and
8)
Clarifying frequency of reporting requirements as follows: The OEBO will issue quarterly performance
reports to be submitted to the Board of County Commissioners (BCC) as receive
and file agenda items; semiannual and annual reports will be presented to the
BCC and County Administration; and elements of reporting that do not reflect
the current capabilities of the existing reporting system will be removed. Countywide (RS)
DECEMBER 10, 2024
6. REGULAR
AGENDA
E. PLANNING, ZONING &
BUILDING
1. Staff recommends
motion to: proceed with the issuance of the Countywide
Transportation Master Plan Request for Proposal. Summary:
Staff will provide an update of the Countywide Transportation Master Plan
(CTMP) Request for Proposal (RFP) for consultant services, including the goals,
scope of work, and preliminary timelines (see Attachments 1 and 2). The CTMP
will establish a multijurisdictional process and planning framework that
provides for a countywide vision for a multimodal system that safely connects
people to places. The update will also provide additional information on the
CTMP development process once a Consultant is selected that will include the
various project components, from project initiation, data collection, analysis
and preparation of the CTMP, through presentation of the CTMP and
recommendations to the Board of County Commissioners (BCC). As part of the CTMP
development process, the Consultant will be working with County staff and a
core technical group of stakeholders regularly in the development of the CTMP,
in preparation for the presentations to all stakeholders at key project
milestones and in various geographical locations within PBC. The
Consultant will be tasked with providing a methodology to build consensus
through engagement with multiple public, private, and civic stakeholders. Countywide (DWL)
DECEMBER 10, 2024
6. REGULAR
AGENDA
F. PARKS & RECRATION
1. Staff recommends
motion to approve: The County Parks and Recreation Long-Range Master Plan through
2035. Summary: This Plan represents Parks and Recreation’s
mission statement, vision statement, and long-range goals and objectives in
conjunction with the Council for Accreditation of Parks and Recreation Agencies
(CAPRA) standards. It is a guiding document developed in part through a
statistically valid public needs assessment survey, community focus groups, and
stakeholder interviews. The Plan contains an inventory of Countywide
recreation areas and level-of-service analysis, a demographic trends analysis,
a leisure trends analysis as well as recommended strategies for the long-term
growth and operation of the Department.
Highlights of the Plan through 2035 include:
·
The
public values our park system, our maintenance standards, and variety of
offerings.
·
The
County-wide needs assessment identified the highest priorities for the public
as: providing access to beaches, more shade, added restrooms, additional
neighborhood level parks, connectivity through nature trails, and increased
active sports fields/courts.
·
The
recreation pursuits of our changing population demographics will require
continued adaptation.
·
Opportunities
exist to provide both indoor and outdoor multi-field/court sports venues to
further the sports tourism economy locally and meet public needs.
·
Opportunities
exist to better reflect our communities through public art in parks and through
recreation programming, creating a greater sense of belonging and social
connection.
·
Long-term
land acquisition and recreation venue redesign strategies will be required to
keep pace with population growth, address park deserts, and meet demands for
active recreation.
·
Long-range
park system infrastructure investment is needed to both sustain and modernize
facilities for long term level of service.
Countywide (AH)
DECEMBER 10, 2024
6. REGULAR
AGENDA
G. OFFICE OF EQUAL
OPPORTUNITY
1. Staff recommends
motion to receive and file: an annual report of the Advisory Commission on Women (ACW) 2023
activities per Resolution R2018-0188 as extended per Resolution R2023-0098. SUMMARY:
The ACW serves as an advisory body to focus on matters pertaining specifically
to women. Per Resolution R2018-0188, the Board of County Commissioners (BCC)
established the ACW and per Resolution R2023-0098 extended its service. The
resolution requires the ACW to present an annual report. The annual
report is now being presented to the BCC to receive and file. No County funds
are required. Countywide (JW)
* * * * * * * * * * * *
DECEMBER 10, 2024
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 10, 2024
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: the
updated Board Directive Reports which include in process and completed board
directive items. Summary:
At the February 6, 2018 Board of County Commissioners Meeting, direction was
given to the County Administrator to submit monthly a status report of the
board directives. The report categorizes: 1) In Process Items, and 2) Completed
Items. The report continues to be updated on an ongoing basis. Countywide
(DC)
B. COUNTY
ATTORNEY
* * * * * * * * * * * *
DECEMBER 10, 2024
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER JOEL FLORES
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER BOBBY POWELL JR.
* * * * * * * * * * * *
DECEMBER 10, 2024
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
* * * * * * * * * * * *