January 14, 2025
9:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JANUARY 14, 2025
PAGE ITEM
36 3X-1 *DELETED –
staff pulled for further review (PSD)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
* * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 14, 2025
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 39)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 40 -
43)
5. REGULAR
AGENDA (Pages 44 - 48)
6. BOARD
APPOINTMENTS (Page 49)
7. STAFF
COMMENTS (Page 50)
8. BCC
COMMENTS (Page 51)
9. ADJOURNMENT (Page 52)
* * * * * * * * * * *
JANUARY 14, 2025
CONSENT AGENDA
A.
ADMINISTRATION
Page 7
3A-1 Town
of Lake Worth Firefighters’ Pension Fund plan.
Page 8
3A-2 Town
of Lantana Firefighters’ Pension Fund plan.
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
3B-3 Report
of County Officials Bonds.
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 FY
2025 Sidewalk Program for approval.
Page 10
3C-2 Contract
with R&D Paving, LLC for the construction of Haverhill Road project.
Page 11
3C-3 Contract
with R&D Paving, LLC for the Blue Heron Blvd. and Congress Avenue project.
Page 12
3C-4 Amendment
No. 4 with Wynn & Sons Environmental Construction Company, LLC to increase
the amount of the Contract.
D. COUNTY ATTORNEY
Page 13
3D-1 Settlement
Agreement with Ralph Barquin and Carol Barquin in a personal injury case.
E. COMMUNITY SERVICES
Page 13
3E-1 Assignment
of the Village of Palm Springs from the Opioid Litigation Settlements to PBC.
JANUARY 14, 2025
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14 - 15
3H-1 Amendment
No. 1 with Waypoint Contracting Inc. establishing a Guaranteed Maximum Price
for the Belle Glade Intake and Assessment
Center Renovation project.
Page 16
3H-2 Continuing
contracts to provide architectural services.
Page 17
3H-3 Continuing
contracts for general minor construction services.
Page 18
3H-4 Annual
contracts for heating, ventilation & air conditioning.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 19 - 20
3I-1 Resolution approving the issuance of
Multifamily Housing Revenue Bonds for Waterview Apartments.
Page 20
3I-2 Code Enforcement Agreement with the Town of
Mangonia Park.
Page 21
3I-3 Assistance Amendment to the Cooperative
Agreement with U.S. EPA providing for a 24-month time extension for the
County’s Brownfields Revolving Loan Fund Program.
Page 22
3I-4 Amendment 001 with the Center for
Technology, Enterprise and Development, Inc. to provide
economic
development services of small businesses and microenterprises.
Page 23 - 24
3I-5 Resolution approving a change in the use of
the proceeds previously issued Palm Beach
County Educational
Facilities Authority Revenue Bond Series 2016 and Series 2023.
JANUARY 14, 2025
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES
Page 25
3K-1 Standard
Potable Water and Wastewater Development Agreements.
Page 26
3K-2 Contracts
with Parsons Environment & Infrastructure Group Inc. and CES Consultants,
Inc. to
assist with the implementation of the Palm Beach County Water Utilities
Department 2025-2029 Capital Improvement Plan.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 27
3L-1 Florida
Inland Navigation District Project Agreement No. PB-24-227 for the Old Bridge
Park Dock Replacement Project.
M. PARKS & RECREATION
Page 28
3M-1 Agreement with the Parks Foundation of Palm
Beach County, Inc. to provide philanthropic support.
3M2 Standard Amphitheater Rental Agreement with
the Alzheimer’s Disease and Related Disorders Association, Inc. for the Walk to
End Alzheimer’s Event.
Page 29
3M-3 Standard Sound and Light Production Service
Contractor Agreement with Sanderford Sound, Inc. for the Boca Blues Festival.
3M-4 Memorandum of Agreement with the Children’s
Services Council of Palm Beach County to provide funding for American Red Cross
lifeguarding and water safety instructor certification courses.
P. COOPERATIVE EXTENSION SERVICE
Page 30
3P-1 Appointment
of one (1) member to the Agricultural Enhancement Council.
Q. CRIMINAL JUSTICE COMMISSION
Page 31 - 32
3Q-1 Ratify
the Mayor’s signature on a Grant Agreement to fund existing strategies to
safely reduce PBC’s jail population.
JANUARY 14, 2025
TABLE OF CONTENTS
CONSENT AGENDA
S. FIRE RESCUE
Page 33
3S-1 Request
to authorize County Administrator or designees to make changes and updates to
Fire Rescue’s participation in the Medicare and Medicaid Programs.
Page 34
3S-2 Letter
of Understanding with Treasure Coast Health Council, Inc. to provide mobile
integrated health services.
U. INFORMATION SYSTEMS SERVICES
Page 35
3U-1 Research
Agreement with University of South Florida Board of Trustees for the Florida
Flood Hub for Applied Research and Innovation for co-funding of the acquisition
of LiDAR.
X. PUBLIC SAFETY
Page 36
3X-1 First Amendment with Dr. Marc Kramer, DVM for relief veterinary
services.
AA. PALM TRAN
Page 37
3AA-1 Resolution approving a Public Transportation
Grant Agreement for the Okeechobee Blvd High Frequency Service.
CC. SHERIFF
Page 38
3CC-1 Federally Funded Sub-Award & Grant
Agreement for FY 2024 State Homeland Security Grant to support the Fusion
Center operations.
DD. TOURIST DEVELOPMENT COUNCIL
Page 38
3DD-1 Category “G” Grant Agreement with Equestrian
Sport Productions, LLC for the promotion of Equestrian Holiday & Horses
Circuit.
Page 39
3DD-2 Category “G” Grant Agreement with I Do Beach
Tennis, LLC for the promotion of I Do Beach Tennis ITF World Tour 2024.
JANUARY 14, 2025
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. HOUSING &
ECONOMIC DEVELOPMENT
Page 40
4A-1 Ordinance to grant economic development ad
valorem tax exemptions.
Page 41
4A-2 Resolution making certain findings and
designating the parcels as a Brownfield Area.
B. OFFICE OF EQUAL
BUSINESS OPPORTUNITY
Page 42 - 43
4B-1 Ordinance amending Chapter 2 pertaining to
the Equal Business Opportunity Program.
REGULAR AGENDA
A. AIRPORTS
Page 44 - 45
5A-1 Amendment No. 3 with Suffolk Construction
Company Inc. for Concourse B Expansion – Package 2B at PBI.
B.
PLANNING, ZONING & BUILDING
Page 46
5B-1 Milestone
Inspection enforcement and review of current compliance and available options.
C.
ENGINEERING & PUBLIC WORKS
Page 47
5C-1 Resolution
approving the State of Florida Funded Grant Agreement with FDOT for an adaptive
traffic control system along Okeechobee Blvd.
D. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
Page 48
5D-1 Overview
of four (4) Cross-Departmental Teams of the County’s seven Strategic
Priorities.
BOARD
APPOINTMENTS (Page 49)
STAFF
COMMENTS (Page 50)
BCC COMMENTS (Page 51)
ADJOURNMENT (Page 52)
JANUARY 14, 2025
A. ADMINISTRATION
1. Staff recommends
motion to:
A) ratify a proposed City of Lake Worth Beach, formally known as the Town of Lake
Worth (Town), ordinance amending its Firefighters’ Pension Fund plan (Plan) to
extend the current number of years allowed to participate in the Deferred
Retirement Option Plan (DROP) from 60 to 96 months; and
B) direct staff to communicate to the Town the County’s
express written consent to the proposed Town ordinance amending the Plan.
Summary:
Pursuant to the Interlocal Agreement with the Town relating to the Plan, which
covers County firefighters who were formerly employed by the Town, the County
assumed the employer responsibilities under the Plan and the Town may not make
any changes to the Plan without the express written consent of the County. The
October 1, 2024 through September 30, 2027 Collective Bargaining Agreement
(CBA) between the Firefighters/Paramedics of Palm Beach County, Local 2928,
IAFF, Incorporated and Palm Beach County (County), which was approved by the
Board of County Commissioners, contained a Pension Article (Article 34) that,
in Section 5, extended the maximum period for participation in the DROP for the
City of Lake Worth Beach Firefighters’ Pension Fund from 60 to 96 months to
match the 2023 expansion of the DROP participation period already applicable to
all employees participating in the Florida Retirement System. Countywide
(MM)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
2. Staff recommends
motion to:
A) ratify a proposed Town of Lantana (Town) ordinance amending its Firefighters’
Pension Fund plan (Plan) to extend the current number of years allowed to
participate in the Deferred Retirement Option Plan (DROP) from 60 to 96 months; and
B) direct staff to communicate to the Town the County’s
express written consent to the proposed Town ordinance amending the Plan.
Summary:
Pursuant to the Interlocal Agreement with the Town relating to the Plan, which
covers County firefighters who were formerly employed by the Town, the County
assumed the employer responsibilities under the Plan and the Town may not make
any changes to the Plan without the express written consent of the County. The
October 1, 2024 through September 30, 2027 Collective Bargaining Agreement
(CBA) between the Firefighters/Paramedics of Palm Beach County, Local 2928,
IAFF, Incorporated and Palm Beach County (County), which was approved by the
Board of County Commissioners (BCC) contained in Article 34 (titled Pension)
Section 5 which extended the maximum period for participation in the DROP for
the Lantana Firefighters’ Pension Fund from 60 to 96 months to match the 2023 expansion of the DROP
participation period already applicable to all employees participating in the
Florida Retirement System. Countywide (MM)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
3. Staff recommends
motion to:
A) review
for sufficiency Report of County Officials Bonds dated January 2025; and
B) receive
and file Report of County Officials Bonds dated January 2025.
Summary: Ordinance No. 98-51 sets the various bond
amounts for specified County officers and provides for examination of the
sufficiency of all the bonds at the regular meeting of the Board of County
Commissioners in January and June of each year.
Countywide (DB)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: the
Fiscal Year 2025 sidewalk program. SUMMARY: Approval of the program will
allow for the scheduling and construction of the proposed projects that have
been compiled in response to requests and input from the Palm Beach County
(County) Office of Community Revitalization, Palm Tran, Municipalities, the
Palm Beach County Sheriff’s Office, the School District of Palm Beach County,
and residents of the County. The proposed projects include nine (9) new construction
projects and six (6) major maintenance projects. The total program cost is
$1,500,000 and is allocated among the following categories:
|
Major Maintenance |
$500,000 |
|
Non-School Related (New Construction) |
$837,340 |
|
School Related (New Construction) |
$30,400 |
|
Minor Maintenance & Support |
$132,260 |
|
Total |
$1,500,000 |
The sidewalk program supports areas without sidewalks that are not
covered by our Five-Year Road Program, as some Five-Year Road Program major
improvement projects do include sidewalk enhancements. The proposed list of
projects for the program was previously sent to the Board of County
Commissioners (BCC) for preliminary review by interoffice memorandum on
November 21, 2024. Countywide (YBH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
2. Staff recommends
motion to approve:
A) a contract with R & D Paving, LLC (RDP)
in the amount of $1,132,110.70 with a contract time of 120 calendar days for
the construction of Haverhill Road, south of Ceceile Avenue to north of Century
Boulevard (Project); and
B) a Budget Transfer of $165,000 in the Road
Impact Fee Zone 2 Fund and appropriate it to the Project.
SUMMARY: Approval of
this contract and Budget Transfer will authorize the construction services
necessary to widen Haverhill Road, provide a northbound right turn lane at
Aloha Isles Drive, add paved shoulders, and construct a raised median. This
Project was presented to the Goal Setting Committee on October 18, 2023 and the
Committee established an Affirmative Procurement Initiative (API) of a 20%
minimum mandatory Small Business Enterprise (SBE) participation of which 3%
must be Minority Business Enterprise (MBE) participation for African American
(AA) and/or Hispanic American (HA) owned firms. RDP committed to 78.75% SBE
participation and 5.75% MBE participation. Bids for the contract were received
by the Engineering and Public Works Department (EPW) on August 6, 2024. RDP was
the lowest responsive bidder of four (4) bidders. The contract time for the
Project is 120 calendar days. RDP has an office located in Palm Beach County
and is a certified SBE company. This Project is included in the Five-Year
Road Program. District 2 (YBH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
3. Staff recommends
motion to approve:
A) a contract with R & D Paving, LLC (RDP)
in the amount of $647,632.40 with a contract time of 180 calendar days to
construct the improvements to the intersection of Blue Heron Boulevard and
Congress Avenue (Project); and
B) a Budget Transfer of $291,000 in the Road
Impact Fee Zone 1 Fund and appropriate it to the Project.
SUMMARY: Approval of
this contract and Budget Transfer will authorize the services necessary to
construct a westbound to southbound left turn lane and modify the traffic
signal to accommodate the new left turn lane. This Project was presented to the
Goal Setting Committee on May 3, 2023 and the Committee established an
Affirmative Procurement Initiative (API) of a 15% minimum mandatory Small
Business Enterprise (SBE) participation. RDP committed to 63.3% SBE
participation. Bids for the contract were received by the Engineering and
Public Works Department (EPW) on July 23, 2024. RDP was the lowest responsive
bidder of four (4) bidders after the Local Preference Ordinance was applied.
The contract time for the Project is 180 calendar days. RDP has an office located
in Palm Beach County and is a certified SBE company. This Project is
included in the Five-Year Road Program. District 7 (YBH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
4. Staff recommends
motion to approve:
Amendment No. 4 to the Pathway & Minor Construction Continuing Services
Contract (R2023-0255) dated March 14, 2023 (Contract) with Wynn & Sons
Environmental Construction Company, LLC (WSE) to increase the not to exceed
amount of their Contract of $26,200,000 by $8,000,000 and add the
Nongovernmental Entity Human Trafficking Affidavit to the Contract. SUMMARY: Approval of this amendment will increase the not to exceed amount of the
WSE Contract of $26,200,000 by $8,000,000 to $34,200,000, and add the
Nongovernmental Entity Human Trafficking Affidavit. Section 1 of the Special Provisions in the
Contract allows the parties to amend the Contract by mutual agreement to
increase the not to exceed amount. The increase, as requested by the Parks and
Recreation Department, is necessary to address deteriorating and aging
infrastructure and safety related work in numerous park locations throughout
Palm Beach County (County). Tasks in the amount of $9,332,992 of WSE’s
$26,200,000 Contract have been authorized for WSE. This Contract was presented
to the Goal Setting Committee on August 3, 2022 and the Committee established
an Affirmative Procurement Initiative (API) of a 20% minimum mandatory Small
Business Enterprise (SBE) participation of which 5% must be Minority Business
Enterprise (MBE) participation for African-American (AA) and/or Hispanic
American (HA) owned firms. WSE agreed to 22.51% SBE participation of which
20.24% is MBE participation. To date, the overall SBE participation achieved
for the Contract is 99.88%. The first amendment to the Contract (R2023-1839)
dated December 19, 2023 modified pay items. The second amendment to the
Contract (R2024-0428) dated May 7, 2024 extended the expiration date and
recognized WSE’s name change, and the third amendment to the Contract
(R2024-0674) dated June 11, 2024 added technical special provisions. WSE has an
office located in the County. Countywide (YBH)
JANUARY 14, 2025
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
$55,000, in the personal injury action styled Ralph Barquin and Carol
Barquin v. Palm Beach County and Florida Department of Transportation, Case No. 2023CA006998MB. Summary: This is a personal injury lawsuit arising
from Plaintiff stepping onto a broken cover of a utility pull box that occurred
on January 7, 2021, approximately 90 feet north of the intersection of Congress
Avenue and Collin Drive, on the westbound sidewalk, in West Palm Beach,
Florida. The accident resulted in
personal injuries to Mr. Barquin, including total medical bills of approximately
$52,989. Palm Beach County has entered
into an agreement to settle the lawsuit in the total amount of $55,000,
inclusive of attorney’s fees and costs, pending approval by the Palm Beach
County Board of County Commissioners (BCC). Countywide (AMP)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Assignment of the Village of Palm Springs’
(Village) funds from the Opioid Litigation Settlements to Palm Beach County;
and
B) Budget Amendment in the Opioid Settlement
Fund in the amount of $35,924 to recognize the transfer of the Village’s Opioid
Settlement funds to the County.
Summary: Under the Florida
Opioid Allocation and Statewide Response Agreement (Agreement), the Village is
allocated $160,674 over an 18-year period.
The Village has determined that it cannot effectively undertake an
eligible program/activity that will abate the opioid epidemic and that its
residents would be better served through the strategies and initiatives
outlined in the Palm Beach County Behavioral Health and Substance Use Disorder
Plan 2024 and implemented by the County and its partners. Palm Beach County
will add the Village’s funding allocation to the Fiscal Year 2025 Opioid Settlement
Fund categorical expenditure plan, which was approved by the Board of County
Commissioners (BCC) on October 22, 2024. The Budget Amendment of $35,924
represents the Village’s first three (3) installments of their allocation. Future installments will be budgeted annually
as part of the County’s budget process. Countywide (HH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve:
A) a Budget
Transfer in the amount of $191,000 in the Housing and Economic Development Fund
to increase the budget for the Belle Glade Intake and Assessment Center
Renovations project;
B) a Budget
Amendment of $191,000 in the Public Building Fund to recognize the transfer
from the Housing and Economic Development Fund; and
C) Amendment No. 1 to the continuing
Construction Manager (CM)
at Risk Services contract (R2023-0141) with Waypoint Contracting Inc. (Waypoint),
establishing a Guaranteed Maximum Price (GMP) in
the amount of $712,941.02 for the Belle Glade Intake and Assessment Center
Renovations project, Phase 1, for a period of 150 calendar days from notice to
proceed.
Summary: On February 7, 2023, the Board
of County Commissioners (BCC) approved the continuing CM at Risk Services
contract (R2023-0141) with Waypoint for construction management services for
various federally funded projects. The
Belle Glade Intake and Assessment Center is in need of renovations to better
serve individuals and families experiencing homelessness in the western region.
Project renovations include, but are not limited to, exterior enhancements,
interior enhancements and the replacement of the existing building systems that
have outlived their useful life. These renovations will improve public access
to the facility, harden the facility to provide better weather protection and
allow the facility to be in compliance with Americans with Disabilities Act
(ADA) and current Building Code requirements. Task Order No. 1 authorized the
preconstruction services for the Belle Glade Intake and Assessment Center
Renovations project. Amendment No. 1 establishes a GMP in the amount of
$712,941.02 for construction management services necessary for the Belle Glade
Intake and Assessment Center Renovations project, Phase 1. The Belle
Glade Intake and Assessment Center Renovations project, Phase 1 includes, but
is not limited to, windows and doors replacement, reinforcement work, masonry
infill, exterior painting, stucco, structural reinforcement of the building
pilings and exterior slabs, asphalt paving, fencing, and parking lot lighting.
The CM will have 150 calendar days from notice to proceed to substantially
complete the construction phase of the project. Liquidated damages for failure
to achieve certification of substantial completion within the contract time or
approved time extension thereof are $120 per day.
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. SUMMARY
(cont’d.): The continuing CM at Risk Services contract was selected through a
competitive solicitation in accordance with the federal requirements. This
continuing CM at Risk Services contract is exempt from the County’s Equal
Business Opportunity Ordinance pursuant to section 2-80.22 thereof. The work
was competitively solicited by Waypoint utilizing the federal requirements
provided by the Department of Housing and Economic Development (DHED). Under
the federal requirements, this project has an established Equal Employment
Opportunity (EEO) goal of 22.4% minority participation and 6.9% is female
participation. The CM anticipates an EEO utilization of 47.01% minority
participation and 3.98% female participation for the Belle Glade Intake and
Assessment Center Renovations project, Phase 1. Funding for this project is from the Public Building
Improvement Fund and Housing and Economic Development Fund. (Capital
Improvements Division) District 6 (MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
2. Staff recommends
motion to approve:
continuing contracts with the following three (3) firms to provide
architectural services on an as needed basis through January 14, 2030.
Consultants Status SBE
or Non- SBE
A) Colome & Associates, Inc. Local SBE
B) Song & Associates, Inc. Local Non-SBE
C) Zyscovich, LLC Non-Local Non-SBE
Summary: The purpose of these continuing contracts is
to pre-select consultants to provide architectural and engineering services for
capital improvement or renovation projects countywide. The projects to be
assigned will have a construction value not to exceed $7,500,000 or study
activity not to exceed $500,000. Consultant fees will be negotiated on an
individual task basis for the identified projects. These contracts will be for
five (5) years. This continuing contract was solicited pursuant to the
requirements of the Equal Business Opportunity Ordinance. This continuing
contract was presented to the Goal Setting Committee on May 15, 2024, and the
Committee established Affirmative Procurement Initiatives (APIs) of a 25%
mandatory Small Business Enterprise (SBE) subcontracting goal on the contract
and a Minority Business Enterprise (MBE) evaluation preference for African
American (AA) owned firms up to 15 points. Colome & Associates, Inc.
committed to 99% SBE participation, of which 36% is AA owned firms, Song &
Associates Inc. committed to 52% SBE participation, of which 37% is AA owned
firms and Zyscovich, LLC committed to 39% SBE participation, of which 35% is AA
owned firms. S/M/WBE actual participation will be identified on each consultant
services authorization (CSA), and will be tracked cumulatively over all CSAs
issued under the contract. (Capital Improvements) Countywide (MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
3. Staff recommends
motion to approve: annual contracts with the following
contractors for general minor construction services on an as-needed basis
through January 13, 2030.
Contractors Status SBE or Non- SBE
A) Critical Path Construction,
LLC Local S/MBE
B) Gneiss, Corporation Local S/MBE
C) Lebolo Construction
Management, Inc. Local S/MBE
Summary: The purpose of this annual contract is to
pre-qualify contractors to provide minor construction services on an as-needed
basis. The work consists of minor construction services associated with
repairs, improvements and renovations to County owned properties. The specific
requirements of the work shall be determined by individual work orders issued
against this annual minor construction services contract. These contracts are
five (5) year indefinite-quantity contracts with a maximum cumulative value of
$15,000,000 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
minor construction services contract before the term ends. Projects less than
$150,000 are bid among the pool of prequalified contractors. Projects $150,000
or greater are advertised on the vendor self-service (VSS) website and are bid
among the pool of pre-qualified contractors while projects $200,000 or greater
are additionally advertised in the newspaper. The bidding pool is further
expanded, for projects $150,000 or greater, to include additional bidders
responding to the specific project advertisement that submit a qualification
application at least ten (10) calendar days before the bid due date. Currently
three (3) contractors are prequalified. The annual minor construction services
contract was presented to the Goal Setting Committee on October 2, 2024 and the
Committee established Affirmative Procurement Initiatives of 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 single trade projects or a
minimum mandatory 25% SBE subcontracting goal for multi-trade projects.
Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be
tracked cumulatively for all work orders issued. (Capital Improvements
Division) Countywide (MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
4. Staff recommends
motion to approve: annual contracts with the following contractors for
heating, ventilation & air conditioning (HVAC) services on an as-needed
basis through January 13, 2030.
Contractors Status
SBE or Non- SBE
A) Advanced Roofing, Inc. dba
Advanced Air Systems Local Non-SBE
B) Cedars Electro-Mechanical, Inc. Local SBE
Summary: The purpose of this annual contract is to
pre-qualify contractors to provide HVAC services on an as-needed basis. The
work consists of HVAC services related to system and component installations,
upgrades, replacements, modifications and repair to County owned properties.
The specific requirements of the work shall be determined by individual work
orders issued against this annual HVAC services contract. These contracts are
five (5) year indefinite-quantity contracts with a maximum cumulative value of
$15,000,000 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
HVAC services contract before the term ends. Projects less than $150,000 are
bid among the pool of prequalified contractors. Projects $150,000 or greater
are advertised on the vendor self-service (VSS) website and are bid among the
pool of pre-qualified contractors while projects $200,000 or greater are
additionally advertised in the newspaper. The bidding pool is further expanded,
for projects $150,000 or greater, to include additional bidders responding to
the specific project advertisement that submit a qualification application at
least ten (10) calendar days before the bid due date. Currently two (2) contractors are
prequalified. The annual HVAC services contract was presented to the Goal
Setting Committee on October 2, 2024 and the Committee established an
Affirmative Procurement Initiative of 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. Small/Minority/Women Owned Business Enterprise
(S/M/WBE) participation will be tracked cumulatively for all work orders
issued. (Capital Improvements Division) Countywide (MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
1. Staff recommends
motion to adopt: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (BCC) OF PALM BEACH COUNTY, FLORIDA; APPROVING THE ISSUANCE OF
HOUSING FINANCE AUTHORITY (AUTHORITY) OF PALM BEACH COUNTY, FLORIDA,
MULTIFAMILY HOUSING REVENUE BONDS IN THE NOTICED PRINCIPAL AMOUNT OF
$26,000,000 FOR WATERVIEW APARTMENTS. SUMMARY:
The Bonds are being issued by the Authority to finance a portion of the costs
of acquiring, constructing and equipping a multifamily rental housing facility
for the elderly containing approximately 140 units to be known as Waterview
Apartments at Mangonia Park (Project). The
Project will be located at the northeast corner of the intersection of S.
Tiffany Drive and W. Tiffany Drive, in the Town of Mangonia Park. The Authority will require that at least 40%
of these units will 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 (4) for 2024). The Borrower is Waterview Partners, LLLP, a Florida
Limited Liability Limited Partnership, or an affiliate thereof (Borrower), and
the developer is Sun Foundation, The Borrower has agreed to comply with these
limitations for at least 40 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. Greenberg Traurig
P.A. is Bond Counsel to the Authority with respect to the Bonds. R4
Capital Funding LLC, or an affiliate thereof (Purchaser) will be the purchaser
of the Bonds. Housing Bond Loan Program funding of $7,870,000 and Housing
Initiatives Program funding of $5,130,000 was also awarded to this project on
October 22, 2024 to be used towards permanent financing. 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.
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
1. SUMMARY (cont’d.): 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 7 (HJF)
2. Staff recommends
motion to receive and file: a Code Enforcement Agreement (Agreement) with the Town of Mangonia Park
(Town), funded under Fiscal Years (FY) 2023-2024 and 2024-2025 Community
Development Block Grant (CDBG) Program,
in the amount of $21,618.61, for the period
October 1, 2024 to September 30, 2025. SUMMARY:
The Town’s remaining CDBG balance of $8,557.61 under FY2023-2024 Code Enforcement
activities has been combined with $13,061 under FY2024-2025, for a total
allocation of $21,618.61 towards salary and benefits of one (1) full-time Code Enforcement Officer to
facilitate activities, including but not limited to, investigation and enforcement
for blight prevention and public safety within the proposed CDBG target area
(Target Area) bound by Hill Avenue on the north; East Avenue and Australian
Avenue on the east; Embarcadero Drive on the west and the municipal boundaries
of the City of West Palm Beach on the south and east sides.
The CDBG Agreement 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 R2023-1013 as approved
by the BCC on July 11, 2023 and 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
Palm Beach County Action Plan, CDBG, HOME Investment Partnerships
Program and Emergency Solution 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.
These are Federal CDBG funds
which do not require a local match. District 7 (HJF)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
3. Staff recommends
motion to receive and file: An Assistance Amendment (Amendment) to the
Cooperative Agreement (Agreement) (R2014-0058) with the U.S. Environmental
Protection Agency (EPA), providing for a 24-month time extension. SUMMARY: On
January 14, 2014, the Board of County Commissioners (BCC) entered into an
Agreement with the EPA, with subsequent amendments, to receive $1,400,000 to
establish the County’s Brownfields Revolving Loan Fund (BRLF) program, with an
initial performance period of five (5) years. The BRLF program offers financial
assistance to qualified borrowers and subgrantees to cleanup brownfield sites.
To date, Housing and Economic Development (DHED) has funded two (2) projects
and expended $954,949, with $445,051 remaining. The program has generated
$386,859 from loan repayments and interest earned, which is also available for
cleanup activities that meet EPA requirements. This Amendment provides 24
additional months for the County’s BRLF program, from October 1, 2024 to
September 30, 2026, to allow time to complete EPA BRLF work plan goals. No
County funds are required for this Amendment. Applicants (borrowers or
subgrantees) requesting BRLF financial assistance to cleanup Brownfield sites
are required to provide a 20% match. Countywide
(DB)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
4. Staff recommends
motion to receive and file: Amendment 001 to CDBG Economic Development Agreement (Agreement) (R2024-1423) with the Center for Technology,
Enterprise and Development, Inc. (TED Center) for $300,000 to provide economic
development services, funded under Fiscal Years (FY) 2019-2020, 2020-2021 and
2024-2025 Action Plan for the Community
Development Block Grant (CDBG) Program.
SUMMARY: The Agreement (R2024-1423) with TED Center provides $300,000, which includes a one-time increase
of $50,000 in CDBG funds. The total
allocation of $300,000 is funded under FYs 2019-2020, 2020-2021 and 2024-2025 as approved by the
Board of County Commissioners (BCC) during the budget process, to assist
with operational expenses for the development and expansion of small businesses
and microenterprises (defined as commercial enterprises that have five (5) or
fewer employees). Amendment 001 is
required to modify the Agreement to include the specific grant numbers with
respective fiscal years and funded amounts for the total allocation of $300,000
in CDBG funds. The grant numbers and
fiscal years with funded amounts are as follows:
1. Grant number B-19-UC-12-0004 under FY2019-2020 providing
$21,478.69;
2. Grant number B-20-UC-12-0004 under FY2020-2021 providing
$28,521.31; and
3.
Grant number B-24-UC-12-0004 under FY2024-2025 providing $250,000.
Amendment 001 has been
executed on behalf of the BCC by the Director of the Department of Housing and
Economic Development in
accordance with R2019-0979 as approved on July 2, 2019, R2020-0926 as approved
on July 12, 2020, and R2024-0828 as
approved 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 Palm Beach
County Action Plan, CDBG, HOME Investment Partnerships Program 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. These are Federal CDBG funds which do not
require a local match. Countywide (HJF)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
5. Staff recommends
motion to adopt: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA, APPROVING A CHANGE IN THE USE OF THE PROCEEDS OF
THE PREVIOUSLY ISSUED $19,315,100 PALM BEACH COUNTY EDUCATIONAL FACILITIES
AUTHORITY REVENUE BOND (LYNN UNIVERSITY, INC.), SERIES 2016 AND THE PREVIOUSLY
ISSUED $48,095,000 PALM BEACH COUNTY EDUCATIONAL FACILITIES AUTHORITY REFUNDING
REVENUE BONDS (LYNN UNIVERSITY, INC. PROJECT), SERIES 2023, IN CONNECTION WITH
THE SALE OF THE MARY AND HAROLD PERPER RESIDENCE HALL THAT WAS FINANCED AND
REFINANCED WITH THE PROCEEDS OF SUCH BONDS.
SUMMARY: The
Palm Beach County Educational Facilities Authority (Authority) issued the 2016
Bond on April 13, 2016, and loaned the proceeds thereof to Lynn University,
Inc., a Florida non-profit corporation and a tax-exempt organization
(Borrower), to assist the Borrower in financing the cost of capital
expenditures at the Borrower's educational facilities campus located at 3601
North Military Trail, Boca Raton, Florida and bounded by Military Trail to the
east, Potomac Road to the south, and canals of the Lake Worth Drainage District
on the north (adjacent to the Millpond community near St. Andrews Boulevard and
NW 34th Street) and west (adjacent to the St. John Paul II Academy at 4001
North Military Trail) (University Campus), including the cost of constructing a
residential student housing facility comprised of approximately 170 beds and
various related amenities and improvements that are commonly known as the “Mary
and Harold Perper Residence Hall” (Perper Hall). All assets financed with the 2016 Bond were
owned and operated by the Borrower. The
2016 Bond was refunded on February 28, 2023 by the Authority’s 2023 Refunding
Bond. On June 14, 2024, Provident Group
- LU Properties II LLC (Lessee), a Florida limited liability company whose sole
member is Provident Resources Group, Inc., a Georgia non-profit corporation and
a tax-exempt organization, acquired the Perper Hall improvements in a sale
exclusively for cash for a fair market price of $16,400,000 pursuant to a
Ground Lease dated as of June 14, 2024, between the Borrower and the Lessee,
under which the Lessee will own and operate Perper Hall for a term of
approximately 45 years, after which the ownership of such improvements will
revert to the Borrower. The Borrower
plans to use the proceeds of the sale of the Perper Hall improvements in the
amount of $16,400,000, as follows:
$8,000,000 to repay a portion of the 2023 Refunding Bonds used in part
to refinance a portion of the 2016 Bond that originally financed Perper Hall,
and $8,400,000 to acquire and construct new baseball and softball facilities
and install new turf at the Bobby Campbell Stadium within two (2) years of June
14, 2024 (New Facilities), all of which will be located on the University
Campus and will be owned and operated by the Borrower.
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& ECONOMIC DEVELOPMENT
5. SUMMARY (cont’d.): The Authority held a public hearing on March
28, 2016, with respect to the original 2016 Bond pursuant to Section 147(f) of
the Internal Revenue Code of 1986, but no public hearing was required with
respect to the 2023 Refunding Bonds. The
proceeds of the sale of Perper Hall are considered proceeds of the Bonds. The New Facilities were not included in the
original public hearing held by the Authority with respect to the 2016 Bond,
consequently, a new public hearing and new approvals of the Authority and the
BCC of Palm Beach County, Florida, are required regarding the change in the use
of the proceeds of the Bonds. A notice
of public hearing was published in the Palm Beach Post at least seven (7) days
before the date of the new public hearing, which was held by the Authority on
December 13, 2024. The Authority also
approved the change in the use of the proceeds of the Bonds and the financing
of the New Facilities with the proceeds of the sale of Perper Hall. Approval by an elected body is required by
the Internal Revenue Code in the form of this proposed Resolution; 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
County in responding to any audit, examination or inquiry of the Internal
Revenue Service, the Securities and Exchange Commission or other organization.
The Borrower assumes responsibility for monitoring compliance with applicable
provisions of federal tax laws and U.S. Treasury Regulations relative to the
Bonds, and will retain adequate records of such compliance until at least three
(3) years after the Bonds are retired. In the event of any audit, examination
or investigation by the Internal Revenue Service with respect to the tax-exempt
status of the Bonds or any other related tax matters, the Borrower shall be
responsible for retaining qualified counsel to respond to such audit. Neither
the taxing power nor the faith and credit of the County, nor any County funds
shall be pledged to pay the principal, redemption premium, if any, or interest
on the Bonds. District 4 (DB)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: Two (2)
executed Standard Potable Water and Wastewater Development Agreements, one (1)
Memorandum of Understanding Regarding Reclaimed Water Service Direct System,
one (1) Standard Reclaimed Water Development Agreement, and one (1) Standard
Reclaimed Water Service Agreement Direct System, for the months of August and
September 2024.
A) Standard Potable Water
and Wastewater Development Agreement with Ilumina Delray LP, SDA #09-01107-000
(District 5), Recorded in OR BK 35239 PG 719;
B) Standard Potable Water
and Wastewater Development Agreement with Hatzlacha-WP Holdings, LLC, SDA
#05-11141-000 (District 6), Recorded in OR BK 35239 PG 728;
C) Memorandum of
Understanding (MOU) Regarding Reclaimed Water Service Direct System with Palm
Beach County Facilities Development and Operations Department, MOU
#05-90030-000 (District 5);
D) Standard Reclaimed
Water Development Agreement with Amicus Realty Holdings LLC, SDA #05-90031-000
(District 5), Recorded in OR BK 35294 PG 1977; and
E) Standard Reclaimed Water Service Agreement Direct
System with Amicus Realty Holdings LLC, SRWSA #05-90031-000 (District 5),
Recorded in OR BK 35294 PG 1985.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/ agreements/grants/ procurement items must be submitted by
the initiating Department as a receive and file agenda item and are attached
unless the documents have been recorded in the Public Records of Palm Beach
County. The documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539
and are now being submitted to the BCC to receive and file. Districts 5
& 6 (MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
2. Staff recommends motion
to approve:
A) Contract with Parsons Environment &
Infrastructure Group Inc. (Parsons), and
B) Contract
with CES Consultants, Inc. (CES) for Consulting/Professional Services Capital
Improvement Plan Program Management.
Summary: The Contracts will provide
consulting/professional services to assist with the implementation of the Palm
Beach County Water Utilities Department (PBCWUD) 2025-2029 Capital Improvement
Plan (CIP). The five (5) year CIP includes new capital projects and repair and
replacement projects that are being developed as part of the PBCWUD Asset
Management Program. The water/wastewater infrastructure improvement projects
included in the CIP have an estimated value in excess of $860 million. The
Contracts have a term of three (3) years with two (2) one (1) year renewal
options. The Contracts were presented to
the Goal Setting Committee (Committee) on March 29, 2024, and the Committee
established an Affirmative Procurement Initiative (API) of a minimum mandatory
20% Small Business Enterprise (SBE) subcontracting participation and up to 15 Evaluation Preference Points for
participation by certified African American (AA) owned firms. Parsons
and CES have met the established API for this Contract. Parsons
committed to 26% SBE participation which includes 23% MBE (AA). CES committed
to 32% SBE participation which includes 29% MBE (AA). Parsons is
headquartered in Chantilly,
Virginia and CES is
headquartered in Miami, Florida. Most
members of the project team for both Parsons and CES will be co-located with
PBCWUD staff at the Central Region Operations Center from which the majority of
the work required will be undertaken. (PBCWUD Project No. 23-035) Countywide
(MWJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A)
receive and file Florida
Inland Navigation District (FIND) Project Agreement No. PB-24-227 (Agreement)
for $57,750 for the Old Bridge Park Dock Replacement Project expiring September
30, 2026; and
B)
approve a Budget Amendment
in the Manatee Fund for $57,750 to recognize the revenue from the FIND
Agreement No. PB-24-227.
SUMMARY: On May 7, 2024, the Board of County Commissioners
(BCC) approved a resolution for funding assistance for the Waterways Assistance
Program (WAP) Grant Application to fund up to $57,750 and authorized the County
Administrator, or designee, to execute the Agreement, to sign all future time
extensions and other forms associated with this Agreement. The Agreement
contains an indemnification provision that differs from that adopted for use by
the County under PPM CW-F-049. There is no indemnification from FIND. The Risk
Management Department and County Attorney's Office have reviewed the
indemnification requirements for this grant and advised staff accordingly.
Given that the County's liability is limited to the statutory caps of Section
768.28, Florida Statutes, and taking into consideration that FIND is providing
grant funding to the County under this Agreement, staff recommends BCC
approval. The total cost of the Project is $275,654.98. The County has provided
a match in the amount of $17,905.98, representing a 6.5% cost-share for the
design of the Project. The County was awarded $199,999 in grant funding from
the Florida Fish and Wildlife Conservation Commission (FWC), approximately 73%
of the total Project cost (agreement pending). In accordance with County PPM
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. There is no cost to the County associated with this item. Districts 2 & 7 (SS)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: an Agreement with the Parks Foundation of Palm Beach
County, Inc. (Foundation) to provide philanthropic support to the Parks and
Recreation Department (Parks). Summary:
The Foundation is a Florida not-for-profit
corporation established in 2023 for the exempt purpose of promoting and
advancing advocacy and philanthropic support to ensure thriving and accessible
County parks to improve the quality of life for all current and future
residents of Palm Beach County. The Foundation’s board of directors is
comprised of community volunteers as outlined in their by-laws. Parks will
annually provide a list of smaller, noncapital park projects benefitting
the public and otherwise underfunded for Foundation philanthropic
consideration. Proposed projects will focus on enhancing parks and their
accessibility. The Foundation will
select which projects to pursue for philanthropic support from the list
provided by Parks. Parks will continue to follow all applicable County policies
in the acceptance of the philanthropic support. The Foundation will also be
eligible to seek and apply for park and recreation related donations and grants
only available to 501(c)(3) organizations for the benefit of the public parks
and recreation programs. Parks will continue to manage all operations of funded
park projects and programs. Parks will provide an office space for the
Foundation to utilize when needed. Countywide
(AH)
2. Staff recommends
motion to receive and file: an executed Standard Amphitheater Rental Agreement (Agreement) with the
Alzheimer’s Disease and Related Disorders Association, Inc., for the Walk to
End Alzheimer’s Event at Sunset Cove Amphitheater, for the period of November
8, 2024 through November 10, 2024. This
event generated $3,943 in revenue, with $1,561 in direct expenses; thus
providing a net fiscal impact of $2,382.
Summary: This Agreement has been fully
executed on behalf of the Board of County Commissioners (BCC) by the Director
of the Parks and Recreation Department (Parks) in accordance with Resolution
2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166. Parks is
now submitting this Agreement in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating department
to the BCC as a receive and file agenda item.
District 5 (AH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
3. Staff recommends
motion to receive and file: an executed Standard Sound and Light Production Service
Contractor Agreement with Sanderford Sound, Inc. (Agreement), in an amount not
to exceed $3,180 for the Boca Blues Festival at Sunset Cove Amphitheater for a
period of November 15, 2024 through November 17, 2024. Summary: This
Agreement has been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director
of the Parks and Recreation Department (Parks) in accordance with Resolution
2009-0592, amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368
and 2018-0179. Parks is now submitting this Agreement in
accordance with County PPM CW-O-051, which requires all delegated Agreements to
be submitted by the initiating department to the BCC as a receive and file
agenda item. District 5 (AH)
4. Staff recommends
motion to approve: a Memorandum of Agreement (MOA) with the Children’s
Services Council of Palm Beach County (CSC) to provide funding in an amount not
to exceed $20,000 for processing fees associated with American Red Cross (ARC)
lifeguarding and water safety instructor certification courses taught by the
Parks and Recreation Department’s (Parks) certified lifeguard instructors for
the period of January 14, 2025 through September 30, 2026.
Summary: Parks’
Aquatics Division provides ARC lifeguarding and water safety certification
courses to the public. CSC has agreed to fund the lifeguarding and safety
certification courses with the goal of removing financial barriers that may
prevent enrollment. CSC will transfer an amount not to exceed $20,000, within
30 days of receipt of written request for funds as outlined in the MOA. This
MOA requires the County to offer one (1) lifeguarding course every month and
one (1) water safety instructor course bi-monthly, through September 30, 2026. Countywide
(AH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: Appointment of Mike Atchison to the
Agricultural Enhancement Council (AEC) to fill a currently vacant position, for
the term of January 14, 2025 to March 13, 2026.
Appointment Category, Seat Number
Mike Atchison Agricultural
Reserve agricultural
producer and land owner, Seat 1
Summary: The Agricultural Economic Development Program requires direct input from
the agricultural industry. Based on
Resolution No. R2014-0303, nine (9) members are nominated by either specific
agricultural enterprises or by the Palm Beach County Extension Department to
represent a cross section of agriculture-related sectors on the Agricultural
Enhancement Council (AEC). One (1) nomination is being submitted at this time
for approval by the Board of County Commissioners (BCC). Staff is requesting
appointment of one (1) member to fill a vacancy. The current diversity count is
Caucasian: 7 (87.5%), Hispanic: 1 (12.5%). The current gender ratio
(male:female) is 7:1. The new member appointment Mike Atchison is Caucasian
male), and his nomination was unanimously approved by the AEC on September 11,
2024. Staff is actively seeking to increase diversity on this board and will
continue to encourage this to expand this Board’s diversity. Countywide (AH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) ratify the Mayor’s
signature on a Grant Agreement #24-2206-156538-CJ for the John D. and
Catherine T. MacArthur Foundation’s (Foundation) Safety and Justice Challenge
(SJC) Capstone in the amount of $234,000 beginning on October 1, 2024 through
September 30, 2026, to fund existing strategies to safely reduce Palm Beach
County’s jail population and reduce ethnic and racial disparities within the
average daily jail population (ADP);
B) approve a Budget Amendment of $234,000 in the
MacArthur Foundation Safety and Justice Challenge Fund to recognize grant
funding from the Foundation;
C) approve a
Budget Amendment of $43,000 in the General Fund to recognize a transfer of
grant funding from the Foundation to Public Safety; and
D) authorize the County Administrator or designee to
execute any amendments, reports, and documents relating to this agreement on
behalf of the Board of County Commissioners (BCC), after approval of legal sufficiency
by the County Attorney’s Office and within budgeted allocations that do not
substantially change the scope of work, terms or conditions of the documents.
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Summary: On October 1, 2024, the County was awarded a Capstone grant of $234,000
from the Foundation to continue criminal justice system reform work through
funding 1) SJC Coordinator (two (2) years); 2) continuation of the Pretrial
Services position for supervision of the Supervised Own Recognizance levels
(two (2) years); 3) continuation/expansion of the Text Reminder System (two (2)
years); 4) continuation of the community engagement
model project through collaborations with law enforcement agencies, Criminal Justice
Commission (CJC) board orientation, reconnect and assess regional sites,
capacity building, and committee dialogues (one (1) year); and 5) continuation of Public Defender’s Pretrial Client Release
Project with rapid housing, peer mentoring, and supportive services (one (1)
year). The two (2) salaried positions are fully funded through the SJC grant
through September 30, 2025. Two (2) supplemental budget requests to use
existing funds from other funding sources will be submitted by the CJC and
Public Safety Justice Services Division for the remaining portion of the
salaries estimated at $91,500 to provide coverage through September 30,
2026. If grant funding ceases, the
positions will be deleted unless permanent funding is approved. The grant agreement was executed on December
2, 2024, pursuant to the delegated authority contained in R2017-0914, after
review by the County Attorney. County cash matching funds of $91,500 are
required for the salaries of the SJC Coordinator and Pretrial Services position
for supervision. The match will be
provided by the CJC and Public Safety Justice Services Division. Countywide (HH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to authorize:
A) County
Administrator or designees to act as a County representative or Authorized
Official to make or approve necessary changes and updates to Fire Rescue’s
participation in the Medicare Program and related documents, during the current
revalidation period through January 2027; and
B) County Administrator or designees to act as a County representative or
registered agent to make or approve necessary changes and updates to Fire
Rescue’s participation in the Medicaid Program and related documents, during
the current revalidation period through March 2026.
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
2. Staff recommends
motion to:
A) approve a Letter of Understanding (LOU) with Treasure Coast Health Council,
Inc., dba Health Council of Southeast Florida (HCSEF), to provide Mobile
Integrated Health services to support opioid-related prevention components of
the Center for Disease Control (CDC) Overdose Data to Action (OD2A) cooperative
agreement awarded to the Florida Department of Health Palm Beach County, for a
period of one (1) year commencing retroactively
on December 1, 2024 through November 30, 2025, with a cost reimbursement
not-to-exceed amount of $200,000;
B) approve a Budget Amendment of
$200,000 within the Fire/Rescue MSTU Fund to recognize the award and establish
budget for the program; and
C)
authorize the
County Administrator, or designee, to accept, approve, execute and submit, on
County’s behalf the LOU, representations, certifications, acknowledgments,
assurances, standard forms and documents, reimbursement requests, 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 LOU.
Summary: HCSEF is administering the CDC OD2A
cooperative agreement awarded to the Florida Department of Health Palm Beach
County. Under the LOU, Palm Beach County Fire Rescue (PBCFR) will receive
funding for existing Community Paramedics, telehealth and field based
intervention to support opioid-related prevention components of the OD2A
cooperative agreement on a cost reimbursement basis up to $200,000 with no County match required. This funding will allow PBCFR’s Mobile
Integrated Health team to expand services to the community for opioid related
prevention and outreach. The LOU provides for two (2) renewal options, each for
a period of one (1) year. Countywide (SB)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: a
Research Agreement by and between Palm Beach County (PBC) Board of County
Commissioners (BCC) and the University of South Florida (USF) Board of Trustees
for PBC to provide $451,978 of funding for acquisition of Light Detection and
Ranging (LiDAR) for the entire land area of Palm Beach County. SUMMARY: Funding the acquisition of LiDAR
data through this Research Agreement will save PBC $155,522 relative to PBC
solely procuring the LiDAR. Time is of
the essence as the best weather conditions for LiDAR acquisition is January and
February. During the finalization of
specifications in September 2024, PBC was informed of the opportunity for
funding from the U.S. Geological Survey (USGS) Fiscal Year 2025 3D National
Topography Model Data Collaboration for acquiring
LiDAR data meeting the USGS Quality Level 1 (QL1) standards. PBC applied for this funding as PBC’s LiDAR
requirements are complementary with USGS requirements. For the State of Florida the USGS LiDAR
funding is administrated through the USF’s Florida Flood Hub for Applied
Research and Innovation (Florida Flood Hub).
In late December, PBC received the required documents for submittal to
the Florida Flood Hub. The vendor cost
for acquiring QL1 LiDAR data is $607,500.
Obtaining the LiDAR through the Florida Flood Hub will reduce the cost
to PBC to $451,978, resulting in a savings of $155,522. The scope of this work is limited to the
acquisition of the raw LiDAR data. PBC
has budgeted for the remaining cost of processing the LiDAR data. Countywide
(MJ)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends motion to approve: First Amendment to the Contract for
Professional Services with Dr. Marc Kramer for relief veterinary services to
increase the hourly rate by $50 per hour for a new hourly amount of $200
retroactive to January 7, 2025. Summary: The County entered into a Contract for
Professional Services (R2023-1801) with Dr. Kramer on December 5, 2023, which
provided for three (3) automatic annual renewals. The Contract automatically renewed on
December 5, 2024. Dr. Kramer’s services
are primarily utilized to spay/neuter large, at-risk dogs. This Amendment will
increase Dr. Kramer’s hourly rate by $50 per hour for a new hourly rate of $200
per hour. This change will offset Dr. Kramer’s travel time and fuel expenses
for movement to and from Miami and matches the hourly rate that he receives as
relief veterinarian for Miami-Dade County. The increase will be retroactive to
January 7, 2025. This Amendment does not increase the total contract amount of
$124,800. This Contract is estimated to
provide services to 1,500 animals per year.
Countywide (SF)
JANUARY
14, 2025
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners (BCC) of Palm Beach
County, Florida, approving a Public Transportation Grant Agreement (PTGA) in
Public Transit Corridor Development Program funding (CSFA 55.013) with the
State of Florida Department of Transportation (FDOT), providing a grant in the
amount of $600,000 for the Okeechobee Blvd High Frequency Service. This PTGA will become effective upon FDOT execution with an
expiration date of December 31, 2029;
B) approve a Budget Amendment
of $600,000 in Palm Tran’s Grant Fund 1341 to recognize the grant award and the
corresponding transfer to Palm Tran’s Operating Fund 1340;
C) approve a Budget Transfer of
$600,000 to increase transfer to Palm Tran’s Operating Fund 1340 from Palm
Tran’s Grant Fund 1341 and to reduce the transfer from General Fund 0001; and
D) approve a Budget Transfer of
$600,000 to increase the General Fund 0001 Contingency Reserves and to reduce
the transfer to Palm Tran’s Operating Fund 1340.
Summary: On
November 19, 2024, FDOT allocated funding to Palm Tran through the Transit
Corridor Development Program to pilot high frequency service along Okeechobee
Boulevard. This pilot program will enhance the ridership experience with
shorter headways during high demand hours. This PTGA, in the amount of
$1,200,000, requires a match of 50% or
$600,000 and provides a grant in the amount of $600,000. The match is
included in Palm Tran’s operating 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 PTGA. 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)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach
County Sheriff’s Office (PBSO), a Federally Funded Sub-Award & Grant
Agreement for a FY 2024 State Homeland Security Grant from the Florida Division
of Emergency Management in the amount of $218,500 for the period of November 1,
2024 through August 31, 2026; and
B) approve a Budget Amendment in the amount of $218,500
in the Sheriff’s Grant Fund.
Summary: On December 2,
2024, PBSO received a FY 2024 State Homeland Security Grant Program (SHSGP)
award from the State of
Florida, Division of Emergency Management for the period November 1, 2024
through August 31, 2026. These funds
will support our Fusion Center personnel, overtime, training, and software
technology. There is no match
associated with this award. The Catalog of Federal Domestic Assistance
(CFDA) Number for this program is 97.067 and the contract number is R1192. Countywide (RS)
DD. 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 Equestrian Sport Productions,
LLC for the promotion of Equestrian Holiday & Horses Circuit held November
27 – December 22, 2024, for the grant term of August 27, 2024 – April 22,
2025. This grantee was approved by the
TDC on June 13, 2024, in the amount of $20,000.
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 Equestrian Sport Productions, LLC/Equestrian
Holiday & Horses Circuit are
estimated at 12,379. Countywide (YBH)
JANUARY 14, 2025
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL
2. 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 I Do Beach
Tennis, LLC for the promotion of I Do Beach Tennis ITF World Tour 2024 held
November 1 – 10, 2024, for the grant term of May 1, 2024 – February 10,
2025. This grantee was approved by the
TDC on September 12, 2024, in the amount of $35,000. 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 I Do Beach Tennis, LLC / I Do Beach Tennis ITF World Tour 2024 were
3,491.
Countywide (YBH)
* * * * * * * * * * * *
JANUARY 14, 2025
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. HOUSING & ECONOMIC DEVELOPMENT
1. Staff recommends
motion to adopt:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, RELATING TO THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM
FOR NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES; PROVIDING FOR TITLE;
PROVIDING FOR ENACTMENT AUTHORITY; PROVIDING FOR INTENT AND DECLARATION;
PROVIDING FOR DEFINITION OF TERMS; PROVIDING FOR ESTABLISHMENT OF AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM; PROVIDING FOR APPLICABILITY;
PROVIDING FOR APPLICATION AND APPROVAL PROCESS; PROVIDING FOR MONITORING,
REVOCATION OF EXEMPTION AND RECOVERY OF FUNDS; PROVIDING FOR APPEALS; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SUNSET; PROVIDING FOR A SAVINGS
CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY: In a referendum held on August 20, 2024, the voters of
Palm Beach County authorized the Board of County Commissioners (BCC) to grant
economic development ad valorem tax exemptions (AVTE). The Ordinance
establishing the AVTE Program will remain in effect for a ten (10) year period
(expiring on August 19, 2034) based on Florida Statutes §196.1995. All AVTE
requests are contingent upon the eligibility of the new business or expanding
business as defined under Florida Statutes §196.012, and subject to BCC
approval on a case-by-case basis, in accordance with this Ordinance and County
policy. A business granted an exemption must have a positive impact on the
County’s economy, including the creation and maintenance of new full-time jobs.
A draft of the ordinance was presented to the League of Cities General
Membership for review and input on October 23, 2024. On November 19, 2024, the
BCC approved motions to receive and file the Business Impact Estimate, and to
approve on first reading and to advertise for Public Hearing on December 3,
2024. On November 26, 2024, County Administration provided notice that the
December 3, 2024 meeting had been canceled; therefore in order to meet the
amended advertising requirements, this item was re-scheduled for Public Hearing
on January 14, 2025. Countywide (DB)
JANUARY 14, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. HOUSING & ECONOMIC DEVELOPMENT
2. Staff recommends
motion to approve on first reading: A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE PARCELS LOCATED AT 9302 AND 9400 SOUTH
MILITARY TRAIL, WITHIN UNINCORPORATED PALM BEACH COUNTY, FLORIDA, FURTHER
IDENTIFIED BY PARCEL CONTROL NUMBERS 00-42-45-24-03-000-5851,
00-42-45-24-03-000-5852 AND 00-42-45-24-12-001-0010, AS A BROWNFIELD AREA
PURSUANT TO FLORIDA STATUTES
§376.80(2)(C), WHICH SHALL HEREAFTER BE KNOWN AS THE
CYPRESS CREEK GREEN REUSE AREA, FOR THE PURPOSE OF REHABILITATION, CREATION OF
RECREATION AREA, AND PROMOTING ECONOMIC DEVELOPMENT; PROVIDING FOR AN EFFECTIVE
DATE; AND, FOR OTHER PURPOSES. SUMMARY:
On October 22, 2024, the Board of County Commissioners (BCC) approved two (2)
motions to allow for a Brownfield Area designation of the Cypress Creek Green
Reuse Area (Subject Site): 1) A waiver of the statutory requirement by a super
majority vote (five (5) votes), that one (1) of two (2) public hearings be held
after 5:00 p.m.; and, 2) The advertising of public hearings on Tuesday,
December 3, 2024 at 9:30 a.m., and Tuesday, January 14, 2025 at 9:30 a.m. On
November 26, 2024, County Administration provided notice that the December 3,
2024 meeting had been canceled; therefore in order to meet the amended
advertising requirements, this item was re-scheduled for first reading on January
14, 2025 and adoption at the February 11, 2025 meeting. On August 29, 2024,
Toll Brothers, Inc. (Toll Bros.), as contract purchaser, and the owner, True
Shot, LLC, (collectively the Applicant) submitted an application to the
Department of Housing and Economic Development to designate the Subject Site as
a Brownfield Area. This designation requires two (2) public hearings, one (1)
of which must be held after 5:00 p.m. per Florida Statutes §125.66
(cross-referenced in Florida Statutes §376.80), unless the BCC, by a super
majority vote, elects to conduct that hearing at another time of day, which the
BCC authorized on October 22, 2024. The Subject Site consists of a closed golf
course, clubhouse and accessory facilities, which the Applicant indicates is
impacted by arsenic in the soil and groundwater. The rezoning of the
122.53-acre Subject Site was approved by the BCC at the July 17, 2024 Zoning
Hearing (Resolution R-2024-0864), to allow for the development of 152
single-family dwelling units. The Applicant is seeking a Brownfield Area
designation under Florida’s Brownfields Redevelopment Act, prior to
redevelopment of the Subject Site with 152 single-family dwelling units, a
1.79-acre recreation area, a 2.45-acre Civic Pod, five (5) lakes and several
open space areas. No County funds for implementation are required. District 2 (DB)
JANUARY 14, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. Staff recommends
motion to adopt: 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 (Code) to ensure consistency and incorporate recent changes to
the Code;
2)
Added, revising, deleting and clarifying definitions 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);
JANUARY 14, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. SUMMARY (cont’d.):
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 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, 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;
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 the frequency of reporting
requirements as follows: The EBO will submit quarterly performance reports to
the Board of County Commissioners (BCC) as receive and file agenda items and
semiannual and annual reports will be presented to BCC and County
Administration. Countywide (RS)
* * * * * * * * * * * *
JANUARY 14, 2025
A. AIRPORTS
1. Staff recommends
motion to approve:
A) Amendment No. 3 to the Construction Manager (CM) at Risk
Contract (Contract) with Suffolk Construction Company Inc. (Suffolk) for CM at
Risk Services in the amount of $114,884,560.24 with a project duration of 1,200
calendar days for Concourse B Expansion – Package 2B (Phase 3) at the Palm
Beach International Airport (PBI);
B) a Budget Transfer
in the amount of $10,000,000, in the Airport’s Operating Fund to the Airport’s
Improvement and Development Fund;
C) a Budget Transfer
in the amount of $11,000,000, in the Airport’s Passenger Facility Charges Fund
to the Airport’s Improvement and Development Fund; and
D) a Budget Amendment in the amount of $27,298,523, in the
Airport’s Improvement and Development Fund to provide budget for the Amendment,
including a transfer from reserves in the amount of $6,298,523.
Summary: On June 15, 2021, the Board of County Commissioners (BCC) approved the
Contract (R2021-0843) with Suffolk for CM at Risk Services for the Concourse B
Expansion Project (Project), which included pre-construction services in the amount of
$60,000.
Services under the Contract are provided on a task/work order basis and are
approved in accordance with PPM CW-F-050. The Project is being constructed in
phases. On February 7, 2023, the BCC approved Amendment No. 1 (R2023-0217) for
Phase 1 of the Project (Phase 1) in the amount of $12,398,676 with a project
duration of 368
calendar days, which provided for the expansion of restroom facilities
and construction of new concession space between Gates 85 and 87. Change Orders No. 1
- 15 to Amendment No. 1 increased the Phase 1 contract amount by $2,185,051.86, extended the project
duration for Phase 1 by 190 calendar days, and provided for services associated
primarily with unforeseen conditions, including abatement of certain materials, addition of a lift
station to resolve utility conflicts, and changes to a temporary kitchen to maintain food
service during construction.
JANUARY 14, 2025
5. REGULAR
AGENDA
A. AIRPORTS
1. SUMMARY
(cont’d.): On
June 11, 2024, the BCC approved Amendment No. 2 (R2024-0721) in the amount of $10,047,873.24 with a project duration of
689 calendar days for Phase 2 of the Project, which provided for completion of
interior finishes to the existing concourse to match the new expansion area along with
installation of mechanical chilled water piping on the roof, and the relocation of a water
main needed to complete the final phase of the Project. Amendment No. 3 will
increase the Contract amount by
$114,884,560 for total contract amount
of $139,576,131.10 and provide for the
completion of the final phase of the Project. The project duration for the Phase 3 will be 1,245 days and will be
concurrent with completion of Phase 2. Suffolk is based in Boston, Massachusetts; however, the work will be directly
managed by its regional office in West Palm Beach, FL. A Disadvantaged Business Enterprise (DBE) goal of 20% was established for the Contract.
DBE participation for Amendment No. 3 is 15%.
DBE participation
for this Contract to date, including this Amendment No. 3, is 15%. Pursuant to changes to
Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a commercial service airport may not
approve purchases of contractual services in excess of $1,000,000 on a consent agenda.
Amendment No. 3 exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)
JANUARY 14, 2025
5. REGULAR
AGENDA
B. PLANNING, ZONING &
BUILDING
1. Staff seeking
direction: related
to Milestone Inspection enforcement and review of current compliance and
options available to the County. Summary:
Following the 2021 Champlain Towers South collapse in Surfside the State of
Florida adopted language found in Section 553.899, Florida Statutes, requiring
structural inspection and certification of all condominium and cooperative
buildings of three (3) stories or more once they reach a certain age. As a
result, new provisions were added to the Florida Building Code (FBC), effective
December 31, 2023, that mandates “milestone” structural inspections for all
condominium and cooperative buildings three (3) stories or more that have
reached 30 years of age. Palm Beach County (PBC) adopted these provisions in
its Local Amendments to the FBC, Chapter 1, on June 11, 2024. After consulting
with the Department of Business and Professional Regulation (DBPR) and PBC
records, there are 663 buildings in unincorporated PBC that are subject to the
MI rules and regulations. Of those, 553
were required to provide a Phase 1 MI by December 31, 2024. As of January 2, 2025 approximately 124
buildings have not yet complied with this requirement. As such, a final notice
letter is being sent to the registered agent of the buildings not in compliance.
The Statute offers some guidance on enforcement and what discretion the
Building Official and local governing board has for extensions and approach.
Therefore, Staff will be updating the Board of County Commissioners (BCC) and
providing options for consideration on enforcement. Unincorporated (RM)
JANUARY 14, 2025
5. REGULAR
AGENDA
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to:
A)
adopt a Resolution
approving the State of Florida (State) Funded Grant Agreement
(Agreement) with the Florida Department of Transportation (FDOT) for
design, construction and construction engineering inspection (CEI) of an
adaptive traffic control system (ATCS) along Okeechobee Boulevard between I-95
and Flagler Drive (Project);
B)
approve the
Agreement for the FDOT to reimburse Palm Beach County (County) up to $2,750,000
to complete the Project by December 31st, 2026; and
C)
approve a Budget
Amendment in the amount of $2,750,000 in the Transportation
Improvement Fund to recognize the grant funding from FDOT, and
appropriate it to the Project.
SUMMARY: The State
appropriated $2,750,000 for the County to design and implement an ATCS on
Okeechobee Boulevard, from the I-95 overpass to Flagler Drive. The County shall
design and oversee the construction and CEI services required to complete the
Project, and the County shall be responsible for any costs exceeding
$2,750,000. The County estimates Project costs to be $2,783,476. The local
match of $33,476 is 1.20% of the estimated project cost. Once the Project
is complete, the County agrees to maintain the Project. The Catalog of
State Financial Assistance (CSFA) number for this grant is 55.039 Highway
Operations. The FDOT requested that the County enter into this Agreement. On
November 5, 2024 (R2024-1528) the Board of County Commissioners (BCC) approved
Consultant Service Authorization No. 2 to identify a compatible ATCS that will
work with the existing traffic signal system, develop the request for proposal
documents for a design build contract to implement the Project, and perform a
study to evaluate the performance of the implemented ATCS. Districts 2 &
7 (YBH)
JANUARY 14, 2025
5. REGULAR
AGENDA
D. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Overview of four
(4) Cross-Departmental Teams on the
County’s seven (7) Strategic Priorities: Economic Development CDT, Unsheltered
Residents CDT, Housing Development CDT, and the Substance Use and Behavioral
Disorders CDT. Summary: The County has seven (7)
strategic priorities: Economic Development, Housing Development, Unsheltered
Residents, Environmental Protection, Infrastructure, Public Safety, and
Substance Use and Behavioral Disorders. In 2018, cross-departmental teams (CDT)
were created to address needs and work completed in relation to the strategic
priorities. Three (3) teams provided an update on their progress at the January
7, 2025 meeting, and the four (4) remaining teams (Economic Development CDT,
Unsheltered Residents CDT, Housing Development CDT, Substance Use and
Behavioral Disorders CDT) will provide an update today. Countywide (DB)
* * * * * * * * * * * *
JANUARY 14, 2025
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 14, 2025
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
* * * * * * * * * * * *
JANUARY 14, 2025
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.
* * * * * * * * * * * *
JANUARY 14, 2025
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
* * * * * * * * * * * *