March 14, 2023
8:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 14, 2023
PAGE ITEM
94 3FF-1 RENUMBERED TO 3D-1
95 C TITLE CHANGE: Proclamation declaring
Certificate of Recognition Palm Tran’s Most Frequent Riders (District 7)
95 L ADD-ON: Proclamation declaring March 21-27, 2023 as National
Agricultural Week (District 6)
95 M ADD-ON: Proclamation declaring March
14, 2023 as Palm Beach County Fire
Rescue Advanced Life Support Team Day (District
5)
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
MARCH 14, 2023
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 (16 - 94)
4. SPECIAL
PRESENTATIONS (Page 95)
5. PUBLIC HEARINGS - 9:30 A.M. (Pages 96-97)
6. REGULAR AGENDA (Pages 98-105)
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Pages 105-106)
8. BOARD APPOINTMENTS (Page 107)
9. STAFF
COMMENTS (Page 108)
10. BCC
COMMENTS (Page 109)
11. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 110)
12. ADJOURNMENT (Page 111)
* * * * * * * * * * *
MARCH 14, 2023
CONSENT AGENDA
A. ADMINISTRATION
Page 16
3A-1 Appointments
to the Water Resources Task Force
B. CLERK & COMPTROLLER
Page 17
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change orders, work task orders, minor
contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 18
3C-1 Contract with CONSOR Engineers, LLC for
Summit Boulevard over C-51 Canal Bridge Replacement project.
3C-2 Consultant Service Authorization with Masse
Consulting Services, LLC for the Seminole Colony East Drainage Improvements
project.
Page 19
3C-3 Pavement
marking contract with Southwide Industries, Inc.
3C-4 Supplement No. 1 to Kirk Road, Summit Boulevard
to Gun Club Road project with McMahon Associates, Inc.
Page 20
3C-5 Pathway and minor construction services with
Wynn & Sons Environmental Construction Company, Inc.
3C-6 Agreement with Canyon Springs Homeowners
Association, Inc. for enforcement of traffic laws.
Page 21
3C-7 Work Order 2021050-34 to mill and resurface
Boca Chase Drive with Ranger Construction Industries, Inc.
Page 22
3C-8 Amendment to Infrastructure Surtax Project
Plan to advance the Cresthaven Boulevard resurfacing project.
3C-9 Work Order to the annual traffic signal
contract with Gerelco Traffic Controls, Inc. to construct a new mast arm
traffic signal.
Page 23
3C-10 Contracts
with four companies for Structural Engineering Services.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
C. ENGINEERING & PUBLIC WORKS (cont’d.)
Page 24
3C-11 Interlocal Agreement with City of South Bay for
construction services of SW10th Avenue project.
3C-12 Resolutions
of property acquisition on the Okeechobee Boulevard and Jog Road project.
Page 25
3C-13 Workorder 2021050-15 to mill and
resurface 130th Avenue North from Randolph Siding Road
to Indiantown Road utilizing Palm Beach
County’s annual asphalt milling and resurfacing contract R2021-0985 with
M&M Asphalt Maintenance, Inc.
3C-14 Release of replaced portion of drainage
easement located west of Old Dixie Highway and
north of
Watertower Road.
Page 26
3C-15 Release of replaced portion of drainage
easement located west of Farmdale Road, south of
Ranch
House Road, and north of Ohio Street.
D. COUNTY ATTORNEY
Page 26
3D-1 Professional Legal Services by
and between Palm Beach County and Barry S. Balmuth P.A.
for legal services in connection with eminent domain and
inverse condemnation litigation for the County in an amount not to exceed
$850,000.00, including costs; (COUNTY ATTORNEY)
E. COMMUNITY SERVICES
Page 27
3E-1 New appointment to Community Action Advisory Board.
3E-2 Amendment
No. 1 with Habilitation Center for Handicapped, Inc. to revise and replace
portions of agreement.
Page 28
3E-3 Ratify
the Mayor’s signature on the U.S. Department of Housing and Urban Development
FY2022 Community Project Funding/Congressional Directed Spending Application
for medical respite services for the homeless.
Page 29
3E-4 2021
Receive and file grant agreement with U.S. Department of Housing and Urban
Development Homeless Management Information System for housing services.
Page 30-31
3E-5 Amendment
001 for Emergency Home Energy Assistance with Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. to provide support services for the elderly.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES (cont’d.)
Page 31-32
3E-6 Adopt
resolution repealing R2014-0402 that established Farmworker Program Advisory
Board, approve budget amendment, approve eliminating vacant positions and
approve budget transfer.
F. AIRPORTS
Page 32
3F-1 Receive and file multiple
sublease agreements with Abaco Three, LLC, AS Aviation Holdings,
LLC, Cherokee Air, Ltd., John Webb.
Page 33
3F-2 Receive
and file to register for distribution Literature of Picketing at PBI.
3F-3 Change Order 1 to contract
All Florida Contracting Services, LLC to extend time by 277
calendar days for the Fuel Farm Emergency
Generator project.
3F-4 Amendment
to extend Public Transportation Grant Agreement with FDOT for the Emergency
Generator for Fuel
System at Palm Beach County Glades.
Page 34
3F-5 First
amendment to Signatory Airline Agreement with Delta Air Lines, Inc. at PBI
replacing the
terminal area leasehold space exhibit.
3F-6 PBI
Operating Permit with Global Crossing Airlines, Inc. for one flight operation.
Page 35
3F-7 Change
Order 3 to Amendment 7 at Risk Contract with The Morganti Group, Inc. for
miscellaneous airport improvements.
Page 36
3F-8 Agreement
for reimbursement with Galaxy Aviation of Lantana, Inc. providing reimbursement
in the form of rental credit for emergency repairs to sewer line at PBI.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 37
3G-1 Budget
transfer from WUD Fund to reconcile Hurricane Matthew outstanding receivables
and reimburse County departments monies owed due to Hurricane Wilma
de-obligation and several budget amendments to General Fund, Fire Rescue Fund,
and Airport Fund for Hurricane Matthew.
3G-2 Settlement
offer for full satisfaction for two code enforcement liens against Sultan Ahmed
and Begum Ahmed.
Page 38
3G-3 Settlement offer for $40,000 for full
satisfaction of a code enforcement lien against Pedro E. Diaz.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 38
3H-1 Standard lease agreement for Use of
County-Owned Property adjacent to the County Stockade located at 9620 Weisman Way
with South Florida Fair and Palm Beach Expositions, Inc. for PBSO and public
parking.
Page 39
3H-2 Standard Disclaimer of Interest in Property
and to authorize County Administrator/designee to sign and administer
disclaimer.
Page 40
3H-3 Change Order 1 to Amendment 4 with Robling
Architecture Construction, Inc. for the WUD Central Regional Operations Center
Variable Air Volume Box and Air Handling Unit Replacement project increasing
project by 300 calendar days.
Page 41
3H-4 Consultant Services Authorization #19 to PBC
Fire Rescue Comprehensive Fire Station Capital Improvements Program with Currie
Sowards Aguila Architects, Inc. for FR Station 25 Renovations project.
3H-5 Interlocal
Agreement with United States Department of Justice, FBI allowing for
interoperable communications through countywide common talk groups of County’s
Public Safety Radio System for five years.
Page 42
3H-6 Contract with The Weitz Company, LLC for the
Main County Courthouse Building and Renovations project located at 205 N Dixie
Highway, WPB, FL 33401.
Page 43
3H-7 Lease Agreement with City of Delray Beach for
three parcels of County-Owned property located on S. Ocean Boulevard for use as
a public park for initial term of 20 years.
3H-8 Work Order 23-004 for annual roofing contract
with Hi-Tech Roofing & Sheetmetal, Inc. for the Water Treatment Plant 9
South Pump Station F Roofing Replacement project.
Page 44
3H-9 Supplement 1 to Consultant Services
Authorization 10 to continue architectural/engineering consulting services
contract with Song & Associations, Inc. for the Vista Center Permit Area
Remodeling project.
Page 45-46
3H-10 Amendment 11 with Lebolo Construction
Management, Inc. continuing contract for management services for a new
playground.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 47
3H-11 Work Order 23-005 to the Minor Construction
Services contract with Andrea Construction, Inc. for the Morikami Park – BIWA
Pavilion Rehabilitation project.
Page 48
3H-12 Consultant Services Agreement 6 with Harvard
Jolly, Inc. for the Lake Lytal Aquatic Complex project.
Page 49-50
3H-13 Amendment to the Infrastructure Sales Tax
Project Plan to increase the FY2023 810 Datura Building Replacement/45 Street
Complex project, with a budget transfer and contract with Alfonso Hernandez
Architect, LLC to provide architectural/engineering design and planning
services.
Page 51
3H-14 Amendment 9 with Hedrick Brothers Construction
Co., Inc., for the Main Detention Center Renewal/Replacement East Tower Rain
Water Leader/Sanitary Pipelining project.
Page 52
3H-15 Amendment 10 with Lebolo Construction
Management, Inc. for the Glades Pioneer Park Playground Replacement project for
construction services.
Page 53
3H-16 Memorandum of Agreement with Bureau of Land
Management for use of BLM-owned property as temporary satellite location for FR
Station 18 during closure of US 1 Bridge.
Page 54
3H-17 Increase maximum cumulative value for annual
Heating, Ventilation and Air Conditioning contract for HVAC services through
2025.
Page 55
3H-18 Change Order 5 to Amendment 1 with Kast
Construction Company LLC for the Supervisor Elections Production Facility
project.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 56
3I-1 Amendment 1 to agreement with Coalition For
Independent Living Options, Inc. for the Community Development Block Grant
program.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)
Page 57
3I-2 Multiple amendments for time extensions for
agreements under the Community Development Block Grant Program with City of
Lake Worth Beach for Phase I and II for the Harold Grimes Memorial Park.
Page 58
3I-3 Multiple amendments for time extensions for
agreements under the Community Development Block Grant Program with the Village
of Palm Springs to continue construction of an interconnected sidewalk system
within the village.
Page 59
3I-4 Amendment 1 for time extension with the
City of Greenacres under the Community Development Block Grant program.
3I-5 Amendment 1 for time extension with the
Town of Lake Park under the Community Development Block Grant program.
Page 60
3I-6 Amendment 1 for time extension with the
City of Belle Glade under the Community Development Block Grant program.
Page 61
3I-7 Amendment to certain terms of County’s
Industrial Development Revenue Bond, Series 2011 on a project on behalf of
Jupiter Christian School, Inc.; with a Resolution authorizing amendments to the
Series 2011.
Page 62
3I-8 Section 108 Guaranteed Loan Custodial
Agreement between Palm Beach County and Clerk & Comptroller of Palm Beach
County.
3I-9 Budget transfer in the Housing and Economic
Sustainability Fund to allocate funds for renovations at Duncan Padgett Park;
and budget amendment in the Park Improvement Fund to recognize HED budget
transfer.
Page 63
3I-10 Amendment 3 to loan agreement with Habitat
Housing Solutions for construction of three, for-sale, single family homes
extending the completion date.
3I-11 Budget transfer in the Housing and Economic
Sustainability Fund to allocate funds for the Wabasso Drive Bridge Replacement
project, and budget amendment in the Transportation and Improvement Fund to
recognize HED budget transfer.
Page 64
3I-12 Budget transfer in the Housing and Economic
Sustainability Fund to allocate funds for the resurfacing of roadways with the
Penn Park neighborhood project; and budget amendment in Transportation and
Improvement fund to recognize budget transfer.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT (cont’d.)
Page 65
3I-13 Funding/Approval Agreement with U.S.
Department of Housing and Urban Development for Palm Beach County Section 108
Loan Guarantee Program; and budget amendment in the HUD Loan Repayment Account
fund recognizing budget transfer.
K. WATER UTILITIES
Page 66
3K-1 Contract
for Kings Point Flanders and Capri Water Main Replacement project with Amici
Engineering Contractors, LLC.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 67
3L-1 Amendment 3 to the FDOT Joint Participation
Agreement to revise amendment 2 to provide additional six months post
construction monitoring and maintenance of Snook Islands/Bryant Park/Snook
Islands II mitigation sites.
Page 68
3L-2 FDEP Standard Agreement No.23PB1 for
construction of the South Jupiter Beach Restoration Project, and a budget
amendment in the Beach Improvement Fund to recognize revenue award from FDEP;
and authorization of County Administrator/Designee.
3L-3 Amendment 1 to the Coral Cove Emergency Dune
Restoration Contract 2023ERM01 providing dune restoration services for the
Coral Cove Dune Restoration Project.
Page 69
3L-4 Memorandum of Understanding between Discover
The Palm Beaches and Palm Beach County to co-share the financial and managerial
duties with the annual LagoonFest events from 2023 thru 2025; and authorize
County Administrator/Designee to sign all future time extensions, task
assignments, certifications, etc.
Page 70
3L-5 Amendment 3 to the FDEP Agreement 19PB16
extending the termination for the South Jupiter Hurricane Irma Recovery
Project.
M. PARKS & RECREATION
Page 70
3M-1 Amphitheater Rental Agreement with Insomniac
Holdings, LLC, for the Cyclops Cove Event at Sunset Cove Amphitheater.
3M-2 Special Events Rental Agreement with Lights 4
Hope, Inc. for the Lights 4 Hope Event at Okeeheelee Park.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION (cont’d.)
Page 71
3M-3 Executed Resident Caretaker Lease Agreement
with Christopher Sean McNamara for residence located John Prince Park
Campground.
3M-4 Executed Independent Contractor Agreement
with Go with Gabe LLC, for pickleball instruction at various Palm Beach County
Parks locations
Page 72
3M-5 Executed State of Florida Coastal Zone
Management Program Grant Amendment 1 to Agreement CZ420 for ADA Improvements at
Phil Foster Park extending expiration date.
Page 73
3M-6 Ratify Mayor signature on a Land and Water
Conservation Fund grant application requesting construction costs associated
with the Villages of Windsor Phase I Park Development Project, and authorize
County Administrator/Designee to execute future agreement time extensions, task
assignments, certifications; and authorize Director of Parks and Recreation
Department to serve as Liaison Agent.
Page 74
3M-7 Memorandum of Agreement with the Children’s
Services Council of Palm Beach County providing funding for processing fees
associated with lifeguarding and water safety.
P. COOPERATIVE EXTENSION SERVICE
Page 75
3P-1 Board appointments and reappointments
Q. CRIMINAL JUSTICE COMMISSION
Page 75
3Q-1 Amendment 6 to the Interlocal Agreement with
Palm Beach County and Public Defender’s Office of the Fifteenth Judicial
Circuit to add outcomes and extend the term of the Agreement.
Page 76
3Q-2 Amendment 1 to the Interlocal Agreement with
Florida State University, College of Criminology and Criminal Justice to
perform research and evaluation of the efficacy of Pretrial changes to increase
the amount and to extend the Agreement.
Page 77
3Q-3 Four Board Appointments and two Board
Re-appointments.
Page 78
3Q-4 Resolution repealing and replacing Resolution
No. R91-1485 establishing the Public Safety Coordinating Council designated as
the criminal justice, mental health, and substance abuse planning council.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
S. FIRE RESCUE
Page 78
3S-1 Lease Agreement for Use of School Facilities
with the School Board of Palm Beach County for Fire Rescue testing for 2022 and
2023.
Page 79
3S-2 Copy of municipal ordinance 12-22 of the Town
of Jupiter, extending the Town’s participation in the Jupiter Municipal
Services Taxing Unit.
3S-3 State-Funded Grant Agreement Urban Search
and Rescue Grant with State of Florida, Division of Emergency Management, and a
budget amendment to recognize grant award for FY2023.
3S-4 Resolution authorizing the conveyance and
transfer of title of an Advanced Life Support rescue to the Sheriff of Palm
Beach County.
Page 80
3S-5 Ratify FY2022 Assistance to Firefighters
Grant application electronically submitted to the U.S. Department of Homeland
Security’s Federal Emergency Management Agency for the purchase of Liquid CO2
Extractor machines, and the designation of County Administrator/Designee as
County’s representative to electronically sign and submit grant application and
certifications.
U. INFORMATION SYSTEMS SERVICES
Page 80
3U-1 AT&T Special Service Arrangement
Agreement to purchase and install Vesta
Call-Taker Work supplementing the existing equipment/software with County’s
NextGeneration 911 and Public Safety Answering Point Systems.
X. PUBLIC SAFETY
Page 81
3X-1 Standard 9-1-1 Public Safety Answering Point
“Agreement for the Installation, Operation, and Maintenance of the 9-1-1
Emergency Call Handling System” template to be executed with municipalities
within Palm Beach County, and authorizing County Administrator/Designee to
execute agreements, amendments, etc.
Page 82
3X-2 Federally Funded Subaward and Grant
Agreement for DR-4673 Hurricane Ian with the State of Florida, Division of
Emergency Management to authorize projects related to Hurricane Ian and for
reimbursement for eligible project expenses.
3X-3 Extension to the Memorandum of Agreement
with the City of Miami for the Urban Area Security Initiative FY2020 and to
extend the grant period to complete the emergency management planning projects.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY (cont’d.)
Page 83
3X-4 Memorandum of Agreement with Florida
Department of Corrections to provide advocacy services to incarcerated victims
of sexual assault for a five-year term.
3X-5 Contract with Choice to Change to provide
community service assistance and restitution sponsorship services to eligible
youth reentry participants.
Z. RISK MANAGEMENT
Page 84
3Z-1 Renewal of the excess property, excess
liability, excess workers’ compensation insurance programs, and ancillary
policies purchased under Contract No 21-040DP through Risk Management
Associates, Inc.
AA. PALM TRAN
Page 85
3AA-1 FY2023 Certifications and Assurances to the Federal
Transit Administration, and authorize County Administrator/Designee to
electronically execute and file certifications and assurances.
BB. YOUTH SERVICES
Page 86
3BB-1 Ratify Mayor’s delegation of authority to Tammy
K. Fields, Director of Youth Services to sign/submit Application for Award with
National Institutes of Health.
CC. SHERIFF
Page 87
3CC-1 Accept Subgrant Agreement from the State of
Florida Department of Transportation for the Palm Beach County Sheriff’s
Office, Palm Beach County Speed and Aggressive Driving Strategy project.
3CC-2 Accept Subgrant Agreement from the State of
Florida Department of Transportation for the Palm Beach County Sheriff’s
Office, Palm Beach County Occupant Protection Program project.
Page 88
3CC-3 Accept Federally Funded Sub-Award Grant
Agreement for a FY22 State Homeland Security Grant, and approve budget
amendment in the Sheriff’s Grant Fund.
Page 89-90
3CC-4 Budget transfer from the Law Enforcement Trust
Fund to the Palm Beach County Sheriff’s Office.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
(cont’d.)
Page 91
3CC-5 Grant Modification #2 with Office of National
Drug Control Policy to provide supplemental funds for Palm Beach County
Sheriff’s Office; and approve budget amendment in the Sheriff’s Grant Fund.
DD. EQUAL
OPPORTUNITY
Page 91
3DD-1 Appointment of one At-Large member to the Fair
Housing/Equal Employment Board.
Page 92
3DD-2 Ratify the Mayor’s signature on the Cooperative
Agreement Amendment with the U.S. Department of Housing and Urban Development
for the performance period from 2021 through 2022.
EE. TOURIST
DEVELOPMENT COUNCIL
Page 93
3EE-1 Two executed Palm Beach County FY2023 Category
“G” Grant Agreements managed by Palm Beach County Sports Commission, Inc. with
Championship Tournaments, LLC., for promotion of the Development Player League,
and with Equestrian Sport Production, LLC for the promotion of the Winter
Equestrian Festival.
3EE-2 Executed Palm Beach County FY2023 Category “G”
Grant Agreement with Equestrian Sport Productions, LLC for the promotion of the
Equestrian Holiday & Horses Circuit.
Page 94
3EE-3 Two executed Palm Beach County FY2023 Category
“G” Grant Agreements managed by Palm Beach County Sports Commission, Inc. with
Maureen Connolly Brinker Tennis Foundation, Inc. for the promotion of the
Little Mo Internationals in Florida, and with Palm Beaches Marathon, LLC for
the promotion of the Garden of Life Palm Beaches Marathon.
3EE-4 Executed Palm Beach County FY2023 Category “G”
Grant Agreement with the Palm Beach County Sports Commission, Inc. for the
promotion of the Holiday Basketball Classic of the Palm Beaches.
MARCH 14, 2023
TABLE OF CONTENTS
CONSENT AGENDA
SPECIAL PRESENTATIONS
Page 95
4A International Maintenance Conference
Award
4B Government Finance Professionals Week
4C Palm Tran Most-Frequent Riders
4D Florida Bicycle Month
4E Kitty Lundon Certificate
4F Flood Awareness Week
4G 50th Anniversary of the Palm
Beach County Chapter of National Organization for Women
4H National Farmworker Awareness Week
4I Sexual Assault Awareness Month
4J Women’s History Month
4K The Lord’s Place Sleepout Homelessness
4L National Agricultural Week
4M Palm
Beach County Fire Rescue Advanced Life Support Team Day
PUBLIC HEARINGS – 9:30 A.M.
A. ADMINISTRATION
Page 96
5A-1 Ordinance of the Board of County
Commissioners of Palm Beach County, Florida adding Chapter 29 to the Palm Beach
County code prohibiting unauthorized projections of signs onto buildings,
structures or other places.
B. FINANCIAL
MANAGEMENT AND BUDGET
Page 97
5B-1 Resolution of the Board of County
Commissioners of Palm Beach County, Florida approving FY2023 Mid-Year Budget
Amendments and Transfers; and budget amendments and transfers in various funds.
MARCH 14, 2023
TABLE OF CONTENTS
REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS
Page 98
6A-1 License agreement with Transit Village, LLC,
for use of County-owned property known as North County Block, and first
amendment to license agreement extending the term.
Page 99-100
6A-2 Agreement for purchase and sale of two 1.3
acre parcels of vacant land located north of Indiantown Road and east of Bee
Line Highway from John Joseph Erhart; a Memorandum of Agreement; agreement for
purchase and sale of 1.3 acre parcel of vacant land located north of Indiantown
Road and east of Bee Line Highway from Modeline Gaspard and Jean Gaspard; a
Memorandum of Agreement; agreement for purchase and sale of 1.3 acre parcel of
vacant land located north of Indiantown Road and east of Bee Line Highway from
Susan Witonsky and Louis Witonsky; a Memorandum of Agreement.
Page 100-102
6A-3 Spring Training Facility Agreement with the
State of Florida, Department of Economic Opportunity of State funding towards
the renovation of the Roger Dean Chevrolet Stadium; addendum to the Second
Restated Sports Facility Use Agreement between County, Jupiter Stadium Limited,
Ltd., the St. Louis Cardinals, LLC and Marlins Teamco, LLC; Amendment 1 to the
Developer Agreement between Jupiter Stadium Limited, Ltd. and the County
increasing amount of the Project Proceeds and establishing Non-Eligible Costs;
Amendment 1 to the Second Restated Sports Facility Agreement providing for the
option of Semi-Annual Use Fee Payments.
B. FINANCIAL MANAGEMENT AND BUDGET
Page 103
6B-1 Resolution
of the Board of County Commissioners of Palm Beach County, Florida authorizing
issuance of not exceeding $140,000,000 in total aggregate principal amount of
its public improvement revenue bonds.
C.
HOUSING AND ECONOMIC DEVELOPMENT
Page 104
6C-1 Resolution of the Board of County
Commissioners of Palm Beach County, Florida approving issuance of Housing
Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue
Bonds for Lake Worth Towers.
D. ENGINEERING AND PUBLIC WORKS
Page 105
6D-1 Special Presentation of overview of
Department of Engineering and Public Works.
MARCH 14, 2023
TABLE OF CONTENTS
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD
Page 106
BOARD
APPOINTMENTS (Page 107)
STAFF COMMENTS
Page 108
9A-1 Receive and file updated Board Directive
Reports
COMMISSIONER COMMENTS (Page 109)
MATTERS
BY THE PUBLIC – 2:00PM
(Page 110)
ADJOURNMENT (Page 111)
MARCH 14, 2023
1. Staff
recommends motion to approve: three League of Cities appointments to the
Water Resources Task Force (WRTF) Seat 2, 4, and 5 for the remainder of
a three year term commencing March 14, 2023 and ending September 30, 2024 and
the reassignment of Rachelle Litt from Seat No. 5 to Seat No. 12, Environmental
Representative, commencing March 14, 2023 and ending September 30, 2025.
|
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated By |
|
2 |
Robert Shorr |
City Elected Official |
9/30/2024 |
League of Cities |
|
4 |
DD Halpern |
City Elected Official |
9/30/2024 |
League of Cities |
|
5 |
Karen Lythgoe |
City Elected Official |
9/30/2024 |
League of Cities |
|
12 |
Rachelle Litt |
Environmental Representative |
9/30/2025 |
|
Summary: The WRTF is comprised of a total of 28
representatives (14 members and 14 designated alternates for each seat). The 14
seats are as follows: six City elected officials; one County Commissioner (or
their appointee); one water and/or wastewater provider or utility official; one
Lake Worth Drainage District representative; one drainage/water control
district elected official; one South Florida Water Management District
Governing Board member; one environmental representative; one land owner in
Palm Beach County actively farming that land to represent agricultural
interests; and one Indian Trail Improvement District representative. Three of
the appointees are elected City officials. The reassignment of Ms. Litt is
based on her environmental experience as the Chair and Vice Chair of
Sustainable Subcommittee of Palm Beach North Chamber, Vice Mayor of Palm Beach
Gardens, and as a current WRTF member. The
diversity count of the 9 current WRTF members and 3 alternates is as follows:
11 Caucasian (91.7%) and 1 Asian American (8.3%). The gender ratio
(female:male) is 4:8. The agricultural representative and the drainage/water
control district elected official member seats and 11 alternate seats remain
vacant at this time. Staff is actively seeking to increase diversity on this
board. Countywide (MJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
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
August
25, 2022 Zoning
August
30, 2022 Workshop
August
31, 2022 Comp
plan
September
01, 2022 Comp plan
September
13, 2022 Budget
September
13, 2022 Child Care
Facility
September
13, 2022 Regular
September
20, 2022 Budget
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 February of 2023. Countywide
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1.
Staff
recommends motion to approve: a contract with CONSOR Engineers, LLC (CEL) in the
amount of $757,243.54 for professional
engineering services for the Summit Boulevard over C-51 Canal Bridge
Replacement (Project). SUMMARY: Approval of this contract will provide the professional services
necessary for preparing the design plans and construction bid documents to
replace the Summit Boulevard bridge over the C-51 Canal. The Affirmative
Procurement Initiatives selected for this contract on January 19, 2022 by the
Goal Setting Committee are a 25%
minimum mandatory Small Business Enterprise (SBE) participation and a Minority
Business Enterprise evaluation preference for African American owned firms. CEL
agreed to 40% SBE participation for the contract and exceeded it with 44.44%.
On June 22, 2022, the
Consultant’s Competitive Negotiations Act Selection Committee selected CEL and,
in accordance with PPM No. CW-O-048, the Board of County Commissioners was
notified of the selection on June 23, 2022. CEL has an office located in Palm
Beach County. This Project is included in the infrastructure sales tax. District
3 (YBH)
2. Staff recommends motion to approve: Consultant Service Authorization (CSA) No. 2
to the Annual Civil Engineering Services Contract (R2022-0463) dated May 17,
2022 (Contract) with Masse Consulting Services, LLC (MCS) in the amount
of $315,308.54 for the Seminole Colony
East Drainage Improvements (Project). SUMMARY: Approval of this
CSA will provide the professional
services necessary for drainage improvements within Seminole Colony East.
The Affirmative Procurement Initiatives selected for this Contract on June 16,
2021 by the Goal Setting Committee are a 20% Small Business Enterprise (SBE) participation and a Minority Business
Enterprise evaluation preference for African American owned firms. MCS agreed
to 87% SBE participation for the Contract. MCS agreed to 94.6% SBE
participation for this CSA. Prior to this meeting date, approximately $101,731.99
has been encumbered under this Contract. MCS has an office located in Palm
Beach County and is a certified SBE company. This project is included in the
infrastructure sales tax. District 7 (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
3. Staff recommends motion to approve: a pavement marking continuing services construction
contract with Southwide Industries, Inc. (SWI) in an amount not to exceed
$5,000,000, and to be in effect for 18 months from the date of approval by the
Board of County Commissioners (BCC), with an option to renew for a total of 36
months. SUMMARY: Approval of this contract will authorize the continuing
construction services necessary to complete pavement marking work orders on an
as needed basis throughout Palm Beach County. The Affirmative Procurement
Initiative selected for this contract on August 17, 2022 by the Goal Setting
Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation. Bids for the contract were
received by the Engineering Department on October 18, 2022. SWI agreed to 100%
SBE participation. SWI was the lowest responsive, responsible bidder of two.
This contract will be in effect for 18 months from the date of approval by the
Board of County Commissioners, with an option to renew for a total of 36
months. SWI has an office located in
Palm Beach County and is a certified SBE company. Countywide
(YBH)
4. Staff recommends motion to approve: Supplement No. 1 (Supplement) to the Kirk
Road, Summit Boulevard to Gun Club Road (Project) Contract (R2020-1317) dated
September 15, 2020 (Contract) with McMahon Associates, Inc. (MAI) in the
amount of $103,846.54 for the
professional services for the Project. SUMMARY: Approval of this Supplement will provide the professional services to
prepare design plans to replace and/or relocate Palm Beach County Water Utilities
Department (WUD) facilities identified during the Project’s utility
coordination process. This work will be funded by WUD. The Project was
presented to the Goal Setting Committee (GSC) on May 13, 2018. The GSC applied Affirmative Procurement
Initiatives of a 15% minimum mandatory
Small Business Enterprise (SBE) participation and an SBE evaluation preference.
MAI agreed to 18% SBE participation for
the Contract. They agreed to 18% SBE
participation for this Supplement. Their cumulative SBE participation to date
for the Contract including this Supplement is 20.52%. Prior to this meeting date, $490,224.72 has
been encumbered under this Contract. MAI has an office located in Palm
Beach County. This Project is
included in the Five-Year Road Program.
District 3 (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
5. Staff
recommends motion to approve:
a pathway and minor construction
continuing services contract with Wynn & Sons Environmental Construction
Company, Inc. (WSE) in an amount not to exceed $26,200,000. SUMMARY:
Approval of this contract will authorize the continuing construction services
necessary to complete pathway and small scale construction improvements, on an
as needed basis, throughout Palm Beach County. The Affirmative Procurement
Initiative selected for this contract on August 3, 2022 by the Goal Setting
Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation of which 5% is Minority Business Enterprise (MBE) for African
American and/or Hispanic American owned firms. WSE contractually agreed to
22.51% SBE and 20.24% MBE participation. Bids for the contract were received by the Engineering Department
on October 11, 2022. WSE was the only responsive, responsible bidder. This
contract will be in effect for 18 months from the date of approval by the Board
of County Commissioners, with an option to renew for a total of 36 months. WSE has an office located in Palm Beach
County and is a certified SBE company. Countywide (YBH)
6. Staff
recommends motion to approve: an agreement with Canyon Springs
Homeowners Association, Inc. (Community) for enforcement of the traffic laws of
the state to be performed by the Palm Beach County Sheriff’s Office
(PBSO). SUMMARY: Approval of this agreement will authorize PBSO to provide
enforcement of the traffic laws of the state upon the private roadways during
normal patrol hours within the Community. Once the Community certifies that all
traffic control devices installed on the Community’s streets are compliant with
the Manual on Uniform Traffic Control Devices (MUTCD), the Traffic Division
will be able to perform field inspections to verify compliance with the MUTCD
during the term of the agreement. Should the Community desire PBSO to be
situated in its development at times outside normal hours, the Community
understands that a separate contract must be executed with PBSO for additional
services and that the Community will be invoiced by PBSO for such additional
services. District 5 (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
7. Staff recommends motion to approve:
A) Work Order 2021050-34 in the amount of
$432,000 to mill and resurface Boca Chase Drive from Waterberry Drive to Cain
Boulevard utilizing Palm Beach County’s (County) annual asphalt milling and
resurfacing contract R2021-0984 (Contract) with Ranger Construction Industries,
Inc. (Ranger); and
B) Work Order 2021050-35 in the amount of
$351,000 to mill and resurface Boca Del Mar from Powerline Road to Palmetto
Park Road utilizing the County’s Contract with Ranger.
SUMMARY: Per County PPM CW-F-050, these work orders
exceed the $200,000 threshold for staff approvals of work orders to annual
contracts, thus requiring approval from the Board of County Commissioners
(BCC). Approval of these work orders will allow the contractual services
necessary to construct the improvements. Prior to this meeting date,
approximately $12 million of Ranger’s $50 million Contract that was approved on
August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one
of three contracts with an available cumulative total of $50 million for the
annual asphalt milling and resurfacing program. The Affirmative Procurement
Initiative selected for this Contract on September 16, 2020 by the Goal Setting
Committee is a 15% minimum mandatory Small Business Enterprise (SBE)
participation. Ranger agreed to 15% SBE participation for the Contract and
15.3% for these work orders. Their cumulative SBE participation, including
these work orders is 14%. These projects
are included in the infrastructure sales tax. Districts 4 & 5
(YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
8. Staff recommends motion to approve:
A) an amendment to the Infrastructure Surtax
(IST) Project Plan approved by the Board of County Commissioners (BCC) on April
4, 2017, as amended on January 4, 2022, to advance the Cresthaven Boulevard
from Jog Road to Military Trail resurfacing project (Project) from FY2024 to
FY2023, and to increase the budget for the Project from $300,000 to $600,000;
and
B) a budget transfer of $600,000 within the
IST Fund from Engineering’s IST Reserves to increase and advance the budget for
the Project from FY2024 to FY2023.
SUMMARY:
Approval of the amendment and budget transfer will advance the Project
from FY2024 to FY2023 and increase the funding for the Project from $300,000 to
$600,000. The IST Project Plan is currently funding $300,000 for the Project in
FY2024. The advancement of the Project is needed to maintain the integrity of
the existing pavement and provide a safe and consistent road surface area. The
increase in cost is due to outdated estimates within the original IST Project
Plan dated April 4, 2017, escalating construction costs, and the need for
additional asphalt to complete the Project. Engineering’s IST Reserve account
will be replenished by $300,000 in FY2024. The Sales Tax Oversight Committee
reviewed this request at their February 16, 2023 meeting and approved it
unanimously. This Project is included in
the infrastructure sales tax. District 3 (YBH)
9. Staff recommends motion to approve: a
work order in the amount of $495,829.38 to Palm Beach County’s (County) annual
traffic signal contract dated August 23, 2022 (R2022-0791) with Gerelco Traffic
Controls, Inc. (Gerelco) to construct a new mast arm traffic signal at the
intersection of SW 18th Street and Bluewater Circle, County
Intersection ID Number 67503 (Project). SUMMARY:
Approval of this work order will allow Gerelco to construct the Project. Staff
conducted a signal warrant analysis at this location and determined the
intersection met the required minimum warrants for traffic signal installation
on January 15, 2019. Per County PPM CW-F-050, this work order exceeds the
threshold relating to staff approvals of work orders to annual contracts, thus
requiring approval from the Board of County Commissioners. Prior to this work
order, none of Gerelco’s $5,000,000 contract has been spent or encumbered.
Gerelco is a Port St. Lucie based company with an office in Palm Beach County.
The Office of Equal Business Opportunity has granted a waiver of the
Affirmative Procurement Initiative based on the limited availability of highly
specialized and qualified small, minority, and woman owned businesses to
perform the specialized construction of traffic signals. District 4
(YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
10. Staff recommends motion to approve:
A) the Annual Structural Engineering Services
Contract with Alan Gerwig &
Associates, Inc. (AGA);
B) the Annual Structural Engineering Services
Contract with R.J. Behar &
Company, Inc. (RJB);
C) the Annual Structural Engineering Services
Contract with Scalar Consulting
Group Inc. (SCG); and
D) the Annual Structural Engineering Services
Contract with Kimley-Horn and
Associates, Inc. (KHA).
SUMMARY: Approval of these contracts will provide for structural engineering
services throughout Palm Beach County (County) on a consultant service
authorization basis. These contracts
will be in effect for 36 months from the date of approval by the Board of
County Commissioners (BCC). The Affirmative Procurement Initiatives
selected for these contracts on January 5, 2022 by the Goal Setting Committee
are a 20% minimum mandatory Small
Business Enterprise (SBE) participation, with 5% of the 20% SBE participation
being Minority Business Enterprise participation for African American owned
firms, and an SBE Evaluation Preference. AGA agreed to 98% SBE participation
for the contract. RJB agreed to 23% SBE participation for the contract. SCG
agreed to 32% SBE participation for the contract. KHA agreed to 40% SBE
participation for the contract. On October 6, 2022, the Consultant’s Competitive Negotiations
Act Selection Committee selected AGA, RJB, SCG and KHA and, in accordance with
PPM No. CW-O-048, the BCC was notified of the selection on October 11, 2022.
AGA, RJB, SCG and KHA have offices located in Palm Beach County and AGA is a
certified SBE company. RJB, SCG and KHA will meet their SBE participation through
the use of their sub-contractors. Countywide (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
11. Staff recommends motion to approve:
A) an Interlocal Agreement
(Agreement) with the City of South Bay (City) in the amount of $90,000 for Construction Inspection (CI) services of SW 10th Avenue from the south terminus to Dr.
Martin Luther King Jr. Boulevard (Project); and
B) a budget amendment of $90,000 in the Transportation Improvement Fund to
recognize the Agreement with the City and appropriate it to the Project.
SUMMARY: SW 10th Avenue is a road owned and
maintained by the City. Approval of this Agreement and budget amendment will
allow Palm Beach County (County) to assist the City with CI for the Project, in
accordance with Section 163.01, Florida Statutes. The Project has a current
estimated CI cost of $90,000. The City is receiving a federal grant
administered through the Florida Department of Transportation (FDOT) for
certain improvement to SW 10th Avenue including CI costs, and will
reimburse the County for CI services rendered, as the City receives grant funds
from FDOT. The term of the Agreement is from the date of approval by the Board
of County Commissioners through completion of the Project’s construction, or
upon written notification of termination by the County to the City, whichever
comes first. District 6 (YBH)
12. Staff
recommends motion to adopt: three
Resolutions declaring the acquisition of properties designated as parcels 101,
102, and 103 as fee simple road rights-of-way, and parcels 301 and 302 as
temporary construction easements, necessary for the construction of the
Okeechobee Boulevard and Jog Road intersection improvements (Project). SUMMARY: Adoption of these Resolutions will initiate
eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section
337.27(1), Florida Statutes, as
amended, against five parcels having a total appraised value of
$126,200. To date, the property owners have not accepted the offers to purchase made by Palm Beach County and
attempts to negotiate the purchases have been unsuccessful. The parcels
are necessary for the construction of a third northbound left turn lane, curb
and gutter, sidewalks and additional drainage. The Project will improve the
overall safety for motorists, bicyclists and pedestrians, and will improve the
operation of the intersection. 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 2 (DO)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
13. Staff recommends motion to approve: Work
Order 2021050-15 in the amount of $364,000 to
mill and resurface 130th Avenue North from Randolph Siding Road to
Indiantown Road utilizing Palm Beach County’s (County) annual asphalt milling
and resurfacing contract R2021-0985 (Contract) with M&M Asphalt
Maintenance, Inc. d/b/a All County Paving (M&M). SUMMARY: Per County PPM CW-F-050, this work order exceeds
the $200,000 threshold for staff approvals of work orders to annual contracts,
thus requiring approval from the Board of County Commissioners (BCC). Approval
of this work order will allow the contractual services necessary to construct
the improvements. Prior to this meeting date, approximately $7 million of
M&M’s $50 million Contract that was approved on August 17, 2021, by the
BCC, has been spent or encumbered. This Contract is one of three contracts with
an available cumulative total of $50 million for the annual asphalt milling and
resurfacing program. The Affirmative Procurement Initiative selected for this
Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum
mandatory Small Business Enterprise (SBE) participation. M&M agreed to 15%
SBE participation for the Contract and 20% SBE participation for this work
order. The cumulative SBE participation, including this work order is 6%. District
1 (YBH)
14. Staff recommends motion to approve: the release of replaced portion of drainage
easement (Drainage Easement) recorded in Official Record Book 28371,
Page 103, Public Records of Palm Beach County (County), located west of Old Dixie Highway and north of Watertower Road. SUMMARY: This approval will release a portion of the Drainage Easement, located on land to be re-platted as Dalfen
Watertower Industrial by DG Lake Park Property Owner LP (Developer). The
Developer is in the process of re-platting Dalfen Watertower Industrial and a portion of the Drainage Easement is inconsistent with the
proposed site plan. The Developer has requested that the inconsistent portion
be relocated to a replacement drainage easement within the property and
recorded on February 2, 2023, in Official Record Book 34108, page 1586, Public
Records of the County, in favor of the County. The County acquired the existing
Drainage Easement, as recorded June 16, 2016, as part of a stipulated order of
taking and final judgement. The plat has received technical compliance from the
Town Council of Lake Park for the development of a one-story warehouse
facility. The Developer requires the relocation of the replaced portion of the
Drainage Easement in order to finalize the plat. With the recording of the
replacement drainage easement, the inconsistent portion of the Drainage
Easement is no longer necessary. The existing outfall system used by the County
has been relocated from the inconsistent portion of the Drainage Easement to
the replacement drainage easement by the Developer to accommodate improvements
to the site. District 7 (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d)
15. Staff recommends motion to approve: the release of replaced drainage easement
(Drainage Easement), recorded in Official Record Book 18992, Page 875,
public records of Palm Beach County (County), located west of Farmdale Road, south of Ranch House Road, and north of
Ohio Street. SUMMARY: This approval will release the existing Drainage Easement, located on land to be re-platted as CHS
Properties MUPD Replat (Property) by DG Palm Beach Airport Property Owner, LP
(Developer). The Developer is in the process of re-platting the
Property, and the Drainage Easement is inconsistent with the proposed site
plan. The Developer has requested that the Drainage Easement be relocated to a
replacement drainage easement within the Property, which replacement drainage
easement was recorded on February 8, 2023, in Official Record Book 34112, page
861, in favor of the County. The County was granted the Drainage Easement, as
recorded on July 29, 2005. The plat has received technical compliance from the
County’s Land Development Division. With the recording of the replacement
drainage easement, the inconsistent Drainage Easement is no longer required. District
3 (YBH)
1. Staff recommends motion to approve: Contract for Professional
Legal Services by and between Palm Beach County and Barry S. Balmuth P.A. for
legal services in connection with eminent domain and inverse condemnation
litigation for the County in an amount not to exceed $850,000.00, including
costs. Summary: The legal
services are necessary to litigate numerous pending condemnation projects and
the defense of inverse condemnation claims. The agreement would commence on
March 17, 2023, with approval of the Board of County Commissioners and would be
for three (3) years in an amount not to exceed $850,000.00, including costs.
The agreement also provides for two (2) additional one (1) year options.
Countywide (DO)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends motion to approve:
a new appointment of 1 (one) member to
the Community Action Advisory Board (CAAB), effective March 14, 2023:
|
Seat No. |
Appointment |
Seat
Requirement |
Term
Ending |
Nominated
By |
|
12 |
Diane Lewis |
Representative of the Low-Income Sector |
09/30/2025 |
Democratic
Election in West Palm Beach |
Summary: Per Resolution No. R-2018-0372, adopted
April 10, 2018, amending Resolution R2014-0588, the total membership for CAAB
shall be no more than 15 at-large members, comprised of one-third elected
public officials or their representatives, one-third private sector members
recommended by the CAAB and one-third low-income representatives selected by a
democratic process in the target neighborhoods served or recommended by an
agency that serves low-income population. Members will fully participate in the
planning, implementation, and evaluation of the Community Services Block Grant
program to serve low-income communities. Ms. Lewis meets all applicable
guidelines and requirements outlined in the resolution. Ms. Lewis was elected
during a democratic election held on December 6, 2022, in West Palm Beach. The
diversity count for the 13 seats that are currently filled is African-American:
9 (69%); Caucasian: 3 (23%); and Hispanic-American: 1 (8%). The gender ratio
(female: male) is 7:6. Ms. Diane Lewis is African-American. Staff conducts
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the board. (Community Action Program) Countywide
(HH)
2. Staff recommends motion to approve: Amendment No. 1 to Agreement for Provision of
Financial Assistance (R2022-1089) with Habilitation Center for the Handicapped,
Inc. (HCH), for the period October 1, 2022 through September 30, 2025, to
amend, revise and replace portions of the agreement, with no change to the
overall total contract amount of $805,899, for the provision of life-skills
training, supported employment and adult program services to low-income
residents in Palm Beach County. Summary: This amendment is
necessary to update and replace Exhibit B with Exhibit B1 to reflect actual
cost reimbursement up to the contractual amount in accordance with the approved
programmatic budgets. The amendment allows HCH to continue providing training
and supported services to low-income residents in Palm Beach County. The
amendment does not affect the number of clients served and is consistent with
the number of clients served in previous fiscal years. Under the current
agreement, HCH will serve approximately 21 clients with training and other
supportive services and 94 special needs/disability clients with adult program
services. (Financially Assisted Agencies). Countywide (HH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d)
3. Staff recommends motion to ratify:
the signature of the Mayor on the U.S. Department of Housing and Urban
Development (HUD) FY 2022 Community Project Funding/Congressional Directed
Spending Application, with a period end date of January 30, 2024, in the amount
of $1,000,000, as granted by Congresswoman Lois Frankel, for medical respite
services for homeless residents who are in need of further medical care. SUMMARY: The Consolidated Appropriations Act,
2022, (P.L. 117-103) made available grants for purposes of Community Project
Funding/Congressionally Directed Spending (CPF/CDS). The award is administered
by HUD. Palm Beach County was notified that
$1,000,000 in CPF/CDS funding
was made available for medical respite care. The Division of Human Services serves as
the lead entity for the Palm Beach County Homeless Continuum of Care, and as
such applied for a $1,000,000 allocation through Congresswoman Frankel’s
office. The funding will be used for the remodeling/refitting of the health
clinic located at 1000 45th Street, West Palm Beach. The health clinic
will provide much needed respite care for the homeless who are unable to return
to the streets, or in need of further medical care. Medical respite care is
acute and post-acute medical care for people experiencing homelessness or
HIV/AIDS, who are too ill, or frail to recover from a physical illness, or
injury on the streets, but not ill enough to be in a hospital. The program
closes the gap between hospitals and homeless shelters/housing facilities that
do not have the capacity to provide medical support services to the frail or
recovering. The Community
Services Department has identified $451,828 for project completion. The
operating budget is to be determined. (Division of Human Services) Countywide
(HH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d)
4. Staff recommends motion to:
A) receive and file the 2021 U.S. Department of Housing and Urban
Development (HUD) Homeless Management Information System (HMIS) Implementation
Grant Agreement No. FL0823L4D052102, for the period November 1, 2022 through
October 31, 2023, in the amount of $281,530, to increase HMIS capacity, enhance
training, improve data quality monitoring, and analyze data to improve the
Continuum of Care system service delivery; and
B) approve a budget amendment in the amount of $281,530 in FY
2023 in the HUD fund to recognize the HMIS
award.
Summary: The HMIS Implementation Grant Agreement
No. FL0823L4D052102 (Catalog of Federal Domestic Assistance (CFDA) #14.267)
increases the capacity to integrate data and coordinate management systems in
order to improve the delivery of housing services for individuals and families
who are experiencing homelessness. On December 21, 2021, the Board of County
Commissioners authorized the County Administrator or designee to execute
documents for this purpose. 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. A 25%
cash match of $70,383 is required and is included in existing budgeted
staff salaries. (Division of Human
Services) Countywide (HH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d)
5. Staff recommends motion to approve:
A) Amendment 001 for the Emergency Home Energy
Assistance for the Elderly Program American Rescue Plan (EHEAP ARP) Intake
Center Referral Agreement No. IPP021-9500 (R2022-0584) with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period April 1, 2022
and extend through March 31, 2023, to amend, revise, and replace portions of
the agreement and to increase the overall total funding by $29,079 in an amount
not-to-exceed $37,746, to prevent, prepare, and respond to the COVID-19
pandemic by providing supportive services to vulnerable seniors;
B) Amendment 002 for the Emergency Home Energy
Assistance Program (EHEAP) Intake Center Referral Agreement No. IP021-9500
(R2021-0785) with AAA, to amend, revise, and replace portions of the agreement
and to increase the overall total funding by $5,666.40
in an amount not-to-exceed $55,547.20, and extend the funding end date through
March 31, 2023, to promote the development of a coordinated service delivery
system to meet the energy needs of seniors;
C) Amendment 001 to Standard Agreement No.
IR022-9500 (R2022-0802) for Respite for Elders Living in Everyday Families
(RELIEF) with AAA, for the period July 1, 2022 through June 30, 2023, to amend,
revise and replace portions of the standard agreement, to provide stipend
volunteers in-home respite for caregivers, with no change to the total grant
amount of $45,656.25; and
D) Amendment 002 to Standard Agreement No.
IC022-9500 (R2022-0799) for the Community Care for the Elderly (CCE) with AAA,
for the period July 1, 2022 through June 30, 2023, to amend, revise, and
replace portions of the standard agreement, to assist seniors and caregivers by
providing in-home services to help seniors live independently, with no change
to the total agreement amount of $3,078,970.
Summary: EHEAP ARP and
EHEAP Intake Center Referral programs prevent, prepare and respond to the
pandemic and provide supportive services for seniors/family caregivers. EHEAP
ARP and EHEAP agreements (Catalog of Federal
Domestic Assistance (CFDA #93.568) provide seniors financial assistance with
their electric bills. Seniors can access the program by going to the intake
center near their place of residency. RELIEF (Catalog of State Financial
Assistance (CSFA #65.006) provides outreach, assessment and training of
stipend volunteers to homebound seniors for in-home respite to
families/caregivers. Stipends
are paid directly to the volunteers through AAA. CCE (CSFA #65.010) assists
seniors and caregivers with in-home services that help seniors live
independently.
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d)
5. SUMMARY: (cont’d.) The number of
seniors served is based on the amount of the grant and the need of the clients.
DSVS is responsible for providing services north of Hypoluxo Road. The areas of
service include all of the districts, excluding Districts 2, 4, 5 and 7 south
of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing
services in the areas south of Hypoluxo Road. Sufficient funding is included in
the current budget to meet County obligations. No additional County match is required. (DSVS) Countywide except
for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Road (HH)
6. Staff recommends motion to:
A) adopt a resolution
repealing Resolution No. R2014-0402, which established the Farmworker Program Advisory
Board, thereby sunsetting the advisory board;
B)
approve a downward budget amendment in the amount of $133,985 in the
Farmworker Career Development Program (FCDP) Fund;
C)
approve the elimination of two vacant Employment Counselor positions (Pay Grade
23); and
D) approve a budget transfer in the amount of
$3,985 from the FCDP Fund to the General Fund Contingency Reserves.
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d)
Summary: The Florida Department of Education required
the formation of an advisory board comprised of students, farmworker
representatives, representatives from business and education, and community
agencies. The
Farmworker Program Advisory Board was formed in 2014 to advise, assist, support
and advocate on matters that strengthened employment opportunities for clients
served by the FCDP. The Community Services Department was notified on October
17,, 2022 that it was not awarded the FCDP grant for Program Year
(PY) 2021-2022; as such, the board is no longer needed. The Community Services
Department will continue to provide migrant and seasonal farmworkers vocational
training and employment services through the Family Self-Sufficiency Program
funded through the Community Services Block Grant. To ensure that the
farmworker population is represented, the Community Services Department will
have a Farmworker Coordinator stationed in the Glades to address the needs of
clients and assist in integrating the FCDP into the Community Action Program.
The Community Action Program has the Community Action Advisory Board with
members that currently represent the Glades and will continue to advise, assist
and support the migrant/seasonal farmworkers. The FSSP provides vocational
training, educational and support services to all applicants who meet income
eligibility guidelines including migrant/seasonal farmworkers and their
dependents, to obtain economic self-sufficiency through permanent and stable
employment. (Farmworker Career Development Program) Countywide (HH)
F. AIRPORTS
1. Staff recommends motion to receive and
file:
four Consent to Sublease (Consent) documents, consenting to the sublease of
space by Signature Flight Support LLC, (Signature) at the Palm Beach
International Airport (PBI), with the following subtenants:
A) Abaco Three LLC,
effective as of July 1, 2022.
B) AS Aviation Holdings LLC, effective as of May 1, 2022.
C) Cherokee Air, Ltd., effective as of December 1, 2022.
D) John Webb, effective as of June 1, 2022.
Summary: Signature provides fixed based
operator services for general aviation aircraft at PBI pursuant to a lease agreement
dated September 30, 2004 (R2004-1990, as amended). The lease agreement provides for the sublease
of space subject to the County’s consent. Delegation of authority for execution
of the standard form consent to sublease was approved by the Board of County
Commissioners in R94-1453. Countywide (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
2. Staff
recommends motion to receive and file: Registration for
Distribution of Literature or Picketing (Registration) at the Palm Beach
International Airport (PBI) issued to Francesco Giannola, authorizing
distribution of literature at PBI pertaining to the International Association
of Machinists and Aerospace Workers (IAM), effective January 12, 2023 and
expiring December 1, 2023, at no cost. Summary: The Registration authorizes IAM
representatives to distribute literature at PBI, in locations designated by the
Department of Airports, in accordance with the Airport Rules and Regulations
(R98-220 as amended). A sample of the
literature to be distributed is attached to the Registration. Delegation of
authority for the execution of the standard form Registration was approved by
the Board of County Commissioners on October 3, 1995 (R95-1410). Countywide (AH)
3. Staff
recommends motion to approve: Change Order No. 1 to the contract with All
Florida Contracting Services, LLC (AFCS) to extend the time by 277 calendar days
to the Fuel Farm Emergency Generator Project at Palm Beach County Glades (PHK)
Airport. Summary: The
original contract with AFCS for the Fuel
Farm Emergency Generator Project at PHK in the amount of $395,500 and 185 calendar
days was approved by the Board on September 13, 2022 (R2022-1030). Due to
component shortages and continuing supply chain issues associated with the
global pandemic, the generator manufacturer notified AFCS of the long
lead-times associated with the new generator.
The estimated onsite delivery of the new generator is November 30, 2023;
this exceeds the original contract time.
Approval of Change Order No. 1 will extend the procurement phase by 277
calendar days. There is no change in cost
associated with this change order. A Disadvantaged Business Enterprise (DBE)
goal of 8.22% was established for this project. AFCS has committed to a minimum
of 8.23% DBE participation. Countywide (AH)
4. Staff recommends motion to receive and file: an
amendment for extension of the Public Transportation Grant Agreement (PTGA)
with the Florida Department of Transportation (FDOT) for the Emergency Generator for Fuel System
at Palm Beach County Glades Airport (PHK); Financial Project Number
445445-1-94-01 approved by the Board on April 16, 2019 (R2019-0498 and
R2019-0499), until December 31, 2023. Delegation of authority for execution of
the amendments for extension of the PTGAs was approved by the Board on August
25, 2020(R2020-1017). Summary: At the present time, there is not a
stand-alone emergency generator capable of allowing continued fuel activities
at PHK in case of a power outage. This project will enable fueling during
commercial power interruptions, including during hurricanes and other
events. Approval of the amendment for extension
of the PTGA extends the availability of grant funding to allow for completion
of the project. Countywide (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5.
Staff
recommends motion to receive and file: a
first amendment to Signatory Airline Agreement with Delta Air Lines, Inc.
(Delta) at the Palm Beach International Airport (PBI) (R2020-0225) (Agreement),
replacing the terminal area leasehold space exhibit to reflect a net reduction
of 52.89 square feet of space from Delta’s leasehold, with no reduction of
annual rental, effective February 6, 2023. Summary: Delta requested to discontinue use of one
ticket counter position in the main terminal and add kiosk positions in the
alcove across from their ticket counters to facilitate passenger check-in.
Resolution 2019-1155 authorizes the County Administrator or designee, the
Director of the Department of Airports, to agree to modifications to an
airline’s leasehold premises. Countywide (AH)
6.
Staff
recommends motion to receive and file: Palm Beach International Airport
(PBI) Operating Permit with Global Crossing Airlines, Inc. (Global), a foreign
corporation, for one flight operation on October 23, 2022, for payment of
$1,909.32. Summary: The
Operating Permit enabled Global to use certain airport facilities on a short-term
basis for a specific flight operation. Resolution 2014-1709 authorizes the
County Administrator or designee, the Director of the Department of Airports,
to execute the standard County PBI Operating Permit. Countywide (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
7. Staff
recommends motion to approve: Change Order No. 3 to Amendment No. 7 to the Construction Manager (CM) at
Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk
Services for Miscellaneous Airport Improvements for Palm Beach County
Department of Airports (Department) to extend the project time by 243 calendar days
for Work Order SMC 09: Fire Pump Replacement at Palm Beach International
Airport (PBI). Summary: Amendment
No. 7 was approved by the Board of County Commissioners on August 17, 2021 in the
amount of $605,906 and 244 calendar days (R2021-1161). Change Orders 1-2 in the amount of $0 and 235
calendar days were approved in accordance with the authority designated in PPM
CW-F-050, which also requires that this change order be submitted to the Board
of County Commissioners for approval. There is no change in cost included in
this change order. The project includes
replacement of the two fire pumps that support the fire protection of the
terminal facility, which are nearing the end of their service life. During the process of draining and cleaning
the existing diesel fuel tank for Building 1475 in preparation for delivery of
fresh diesel fuel for start-up of the new fire pump, the tank was found to be
degraded requiring replacement. The
process of permitting the new fuel tank requires extending the date of
substantial completion until 2/17/23. In addition, the electrical panel
supporting Building 1475 was damaged by an arc flash of unknown origin. Due to
material shortages, the anticipated ship date for a replacement panel is
currently 7/11/23. Approval of this change order will extend the Substantial
Completion to 2/17/23 and extend the Final Completion by 243 calendar days to
complete the replacement of the panel. Costs associated with this change order
are being determined and will be shared between the remaining contingency and a
future change order to be approved pursuant to the authority of PPM CW-F-050. Countywide
(AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d)
8. Staff
recommends motion to approve: Agreement for Reimbursement
(Agreement) with Galaxy Aviation of Lantana, Inc. d/b/a Stellar Aviation of
South Palm Beach (Stellar), providing reimbursement, in the form of rental
credit, to Stellar in the amount of $18,511.65 for emergency repairs to a sewer
line at the Palm Beach County Park Airport (Lantana Airport). Summary: Stellar provides fixed based operator
services at the Lantana Airport pursuant to an Amended and Restated Fixed Base
Operator Lease Agreement (Lease) (R2016-0759, as amended). In August 2022,
Stellar completed emergency repairs to a sewer line costing $18,511.65. At the
time of the repair, Department of Airports (DOA) and Stellar believed the work
fell under Stellar’s responsibility under the Lease. After the work commenced,
DOA and Stellar discovered the damage was caused by work previously undertaken by
the County. As a result, Stellar has
requested reimbursement of its costs to perform the repairs. DOA has reviewed the scope of work, which
included the excavation of pavement, restoration of the sewer line and patching
of the pavement, and associated charges and finds the scope and costs to be
reasonable; therefore, DOA recommends reimbursement of Stellar’s costs for the
repair in the form of rental credit. The
Lease currently provides Stellar with rental credit for the completion of
certain repairs and maintenance up to $2 million over the term of the Lease;
however, the sewer line repair is not specifically listed as an expense
eligible for reimbursement. This Agreement provides that the cost of the sewer
line repair will be counted against the current rental credit provided for
under the Lease. Countywide (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to approve:
A) a budget transfer of $2,120,521 in Water Utilities Department
(WUD) Fund to reconcile Hurricane Matthew outstanding
receivables and reimburse County departments monies owed due to Hurricane Wilma
de-obligation;
B) a
budget amendment of $1,548,684 within the General Fund 0001 for Hurricane
Matthew;
C) a budget amendment of $541,833
within Fire Rescue Fund for Hurricane Matthew; and
D) a
budget amendment of $30,004 within Airport Fund for Hurricane Matthew.
SUMMARY: The County received assistance
from the Federal Emergency Management Agency and the state in excess of $120
million relating to Hurricane Frances, Jeanne, Wilma and Tropical Storm Fay. As
part of these agencies audits several projects were de-obligated for these
storms and payments for those de-obligations were taken from future storms
where funding was owed to the County. The amendments will reconcile Hurricane
Matthew by transferring funds from WUD and reimburse departments for monies
owed due to the de-obligation of WUD Hurricane Wilma projects. Countywide
(DB)
2. Staff
recommends motion to approve: a negotiated
settlement offer in the amount of $11,000 for the full satisfaction of two code
enforcement liens that were entered against Sultan Ahmed and Begum Ahmed on
April 1 and May 27, 2020. SUMMARY: The Code Enforcement Special
Magistrate (CESM) entered two separate orders on February 16, 2018 and October
2, 2019 for the property owned by Sultan Ahmed and Begum Ahmed giving them
until May 8, 2018 and January 30, 2020 to bring their property located at 10100
Windtree Lane South, Boca Raton, FL into full code compliance. The property was
cited for construction work without permits. Compliance with the CESM’s Order
was not achieved, and a fine of $50 per day for each case was imposed. The CESM
then entered a claim of lien against Sultan Ahmed and Begum Ahmed for the first
violation on March 27, 2020 and the second violation on April 1, 2020. The Code
Enforcement Division (Code Enforcement) issued an affidavit of compliance for
the property on November 16, 2021 and issued a second affidavit of compliance
on October 19, 2022. The total fine on January 26, 2023 is $110,499, the date
on which settlement discussions began. Mrs. Ahmed has agreed to pay Palm Beach
County $11,000 (10%) for full settlement of the outstanding code enforcement
liens. District 5 (SF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d)
3. Staff recommends motion to approve: a negotiated settlement offer in
the amount of $40,000 for the full satisfaction of a code enforcement lien
entered against Pedro E. Diaz on April 1, 2020. SUMMARY: The Code
Enforcement Special Magistrate (CESM) entered an order on April 9, 2019 for the
property owned by Pedro E. Diaz giving him until September 30, 2019 to bring
his property located at 2320 Sunrise Drive, West Palm Beach, Florida into full
code compliance. The property was cited for construction work without permits.
Compliance with the CESM’s Order was not achieved, and a fine of $100 per day
was imposed. The CESM then entered an order imposing a code lien against Pedro
E. Diaz on April 1, 2020. The Code Enforcement Division (Code Enforcement)
issued an affidavit of compliance for the property on February 6, 2023. The
total fine on February 7, 2023 is $114,300, the date on which settlement
discussions began. Ryan Diaz, heir of Pedro Diaz, has agreed to pay Palm Beach
County $40,000 (35%) for full settlement of his outstanding code enforcement
lien. District 3 (RS)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to receive and file:
A) Standard License Agreement for Use of County-Owned Property adjacent to the County Stockade located at 9620
Weisman Way from January 11, 2023 through January 31, 2023 with the South
Florida Fair and Palm Beach Expositions, Inc., for parking by the public and
the Palm Beach County Sheriff’s Office during the 2023 South Florida Fair; and
B) Standard License Agreement for Use of County-Owned Property adjacent to
the County Stockade located at 9620 Weisman Way from April 13, 2023 through
April 15, 2023 with the South Florida Fair and Palm Beach Expositions, Inc.,
for parking by the public and the Palm Beach County Sheriff’s Office during the
2023 Barrett-Jackson event.
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
standard License Agreements have been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator or designee, who in
this case was the Director of the Facilities Development and Operations
Department. The Standard License Agreement was approved in accordance with
R2010-0333, as amended and approved by the Board on October 1, 2013. These
executed documents are now being submitted to the Board to receive and file.
(Property and Real Estate management) Countywide/District 6 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
2. Staff recommends motion to:
A) approve a standard form Disclaimer of Interest In Property;
and
B)
authorize the County Administrator or designee, which in this case shall be the
Director of Facilities Development and Operations to sign and administer the
Disclaimer of Interest in Property.
SUMMARY: Early in the 1900’s, strips of right of way
were created by The Palm Beach Farms Co. Plat No. 3 (Plat), as recorded in Plat
Book 2, Page 45 of the Public Records of Palm Beach County (County),
Florida. Various court cases have held
that the County has (with certain limited exceptions) no interest in the
platted rights of way within the Plat, which were not accepted, improved or
purchased by the County, and that the adjacent tract owners own to the
centerline of the platted roadways. In
July 2002, as part of a settlement of the litigation surrounding the Plat
rights of way, the County received Quit Claim Deeds from West Peninsular Title
Company and Absolute, Inc., (West Peninsular/Absolute) as recorded in Official
Records Book 13889, Page 490 and Official Records Book 13889, Page 459 of said
Public Records, the intent of which was to release any claim of interest of
West Peninsular/Absolute within Palm Beach County. While the County’s position
has always been that West Peninsular/Absolute had no interest in the rights of
way, the recordation of the West Peninsular/Absolute Quit Claim Deeds to the
County created some ambiguity as to the County’s interest and kept the Palm
Beach County Property Appraiser from adjusting its records to reflect ownership
of the right of way by the adjacent owners. The Disclaimer of Interest In
Property form (Disclaimer) will establish the standard format to be used to disclaim,
release and quit claim to an Owner the County’s interest in the West
Peninsular/Absolute Quit Claim deeds. Once a disclaimer request is received by
the County from a property owner, the Facilities Development & Operations
Department will coordinate with the Engineering and Public Works Department,
the Water Utilities Department and the County Attorney’s Office to review the
request. In the event any existing County improvements
(water/sewer/reclaim/drainage lines and structures, etc.) are located within
the right of way that is being disclaimed, staff will request that the property
owner grant the County an easement to address any existing County improvements.
(Property & Real Estate Management) Districts 2, 3, 5 & 6/Countywide
(HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
3. Staff recommends motion to approve:
Change Order No. 1 to Amendment No.
4 to the continuing Construction Manager (CM) at Risk Services contract with
Robling Architecture Construction, Inc. (R2020-1690) for the Water Utilities
Department (WUD) Central Regional Operations Center (CROC) Variable Air Volume
(VAV) Box and Air Handling Unit (AHU) Replacement project increasing the
project duration by 300 calendar days. SUMMARY: On November 2, 2021, the
Board of County Commissioners (Board) approved Amendment No. 4 (R2021-1606) to
the continuing CM at Risk Services contract with Robling Architecture
Construction, Inc., establishing a Guaranteed Maximum Price (GMP) in the amount
of $1,629,616 for construction of the WUD CROC VAV Box and AHU Replacement
project. Change Order No. 1 to Amendment No. 4 authorizes an increase in the
project duration by 300 calendar days to accommodate the contractor’s
procurement of the long lead-time materials and delays resulting from
unprecedented supply chain shortages/issues. The continuing CM at Risk Services
contract was presented to the Goal Setting Committee on December 4, 2019 and
the Committee established Affirmative Procurement Initiatives (APIs) of a Small
Business Enterprise (SBE) evaluation preference of 10 points for the selection
of the construction manager and a mandatory 20% SBE subcontracting goal on the
contract. SBE participation for this Change Order is 0%. To date, the overall
SBE participation for the contract is 41.34%. Robling Architecture
Construction, Inc. is a local business. Funding for this project is from the
Water Utilities Department Operation & Maintenance Fund. (Capital
Improvements Division) District 3 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
4. Staff recommends motion to approve: Consultant Services Authorization (CSA) #19
to the Palm Beach County (PBC) Fire Rescue (FR) –Development and Implementation
of a Comprehensive Fire Station Capital Improvements Program (CIP) contract
(R2020-1045) with Currie Sowards Aguila Architects, Inc. (Consultant) in the
amount of $443,540 for the Fire Rescue Station No.25 Renovations project. SUMMARY: On August 25, 2020, the Board of
County Commissioners (Board) approved the PBC FR –Development and
Implementation of a Comprehensive Fire Station CIP contract with the Consultant
(R2020-1045) to provide architectural and engineering design services. Under
CSA #19, the Consultant will provide the professional services (i.e. design,
bidding, permitting assistance and construction administration services)
necessary for the Fire Rescue Station No.25 Renovations project. Renovations
include, but are not limited to, an approximately 7,300 square foot addition to
the existing Fire Rescue Station No.25 facility and upgrades to existing areas
of the building. Included in the scope of work, the existing living area will
be completely demolished and rebuilt and the existing apparatus bay area will
remain and be upgraded. The new facility will be a total of approximately
11,000 square feet. The PBC FR–Development and Implementation of a
Comprehensive Fire Station CIP contract was presented to the Goal Setting
Committee on December 4, 2019 and the Committee established Affirmative
Procurement Initiatives of a minimum mandatory 25% Small Business Enterprise
(SBE) subcontracting goal and 15 points evaluation preference for SBE
participation. The Consultant committed to achieving an SBE goal of 52%. The
SBE participation on this CSA is 73.16%. Cumulative SBE participation on the
contract is 73.88%. The Consultant is a local SBE firm. Funding for this
project is from the Fire Rescue Improvement Fund. (Capital Improvements
Division) District 6 (MWJ)
5. Staff recommends motion to approve: An
Interlocal Agreement (Agreement) with the United States Department of Justice,
Federal Bureau of Investigation (FBI), allowing for interoperable
communications through the countywide common talk groups of the County’s Public
Safety Radio System (County’s System) for a period of five years commencing
retroactively from March 13, 2023 through March 12, 2028. SUMMARY: This Agreement provides the
terms and conditions under which the FBI can program into its radios and
utilize the countywide common talk groups for certain types of inter-agency
communications. The County’s System will not be utilized for routine
operational communications by the FBI. The terms of the Agreement are standard
and have been offered to all municipalities and local branches of state and
federal agencies and ambulance service providers with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement. The FBI is
required to pay all costs associated with the FBI’s subscriber units and to
comply with the established operating procedures for the County’s System. This
Agreement provides for an initial term of five years with two renewal options,
each for a period of five years. This Agreement may be terminated by either
party, with or without cause, upon ten days prior written notice to the other
party. (ESS) Countywide (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
6. Staff recommends motion to approve: a Construction Manager (CM) at Risk Services contract with The Weitz
Company, LLC for the Main County Courthouse (MCCH) Buildout and Renovations
project located at 205 N. Dixie Highway, West Palm Beach, Florida 33401. SUMMARY:
The MCCH Buildout and Renovations project consists of interior improvements
primarily to the 1st, 7th and 8th floors of
the MCCH building. Construction services for the MCCH Buildout and Renovations
project include, but are not limited to, the reconfiguration of the 1st
floor Law Library to approximately half of its current size and renovation of
the remaining interior area for alternate use(s)/user(s); construction of the
existing unimproved interior area of the 7th floor to provide a
shared Judicial Conference Center, a Judicial Conference Room, a single
Magistrate Hearing Room with adjacent judicial suite and additional Court
Administration space; construction of the unimproved interior area on the 8th
floor to provide six courtrooms, including adjacent judicial suites;
renovations of reassigned spaces throughout, as necessary, to support new
programmatic requirements; and structural repairs, if required, in the shell
spaces which are to be renovated on the 1st, 7th, and 8th
floors. Additional judicial suites will also be added in the balance of
available areas located on the 8th floor. A task order will be
issued separately to authorize pre-construction services on this project. Once
the construction documents are completed, the CM will publicly bid the
construction subcontracts to establish a Guaranteed Maximum Price (GMP). The
construction of the facility will be authorized through a GMP amendment to the
contract, which will be presented to the appropriate approval authority. The
estimated construction cost is $30,000,000. The solicitation for selection of
the CM was advertised on August 7, 2022 according to the Equal Business
Opportunity (EBO) Ordinance, with final selection taking place on November 14,
2022. On July 20, 2022, the Goal Setting Committee established Affirmative
Procurement Initiatives of a Small Business Enterprise (SBE) evaluation
preference of up to 10 points for SBE participation plan and five points for
CM/SBE partnering. The Weitz Company, LLC is not a certified
Small/Minority/Women-Owned (S/M/WBE) Business Enterprise. The Weitz Company,
LLC partnered with All-Site Construction Inc., an S/MBE firm for services in an
amount not less than 15% of its preconstruction and construction phase fees.
The CM is on notice that all GMP Amendments for construction services issued
pursuant to this contract will be subject to the requirements of the Equal
Business Ordinance, including requesting that an Affirmative Procurement
Initiative be set prior to bidding the subcontracts. The Weitz Company, LLC is
a local business. Funding for this project is from the Infrastructure Sales
Tax Fund. (Capital Improvements Division) District 7 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
7. Staff recommends a motion to approve: a
lease agreement with the City of Delray Beach for three parcels of County-owned
property, totaling approximately 3.03 acres, located on S. Ocean Boulevard in
Delray Beach for use as a public park for an initial term of 20 years at an
annual rate of $10. SUMMARY: The City of Delray Beach (City) owns
approximately 3.69 acres of beachfront property located at 1605 S. Ocean Boulevard,
which is known as Atlantic Dunes Park (Park). Palm Beach County purchased two parcels of land located across from the
Park totaling approximately 1.82 acres in 1972 and another 1.21-acre adjacent
parcel in 1976 for public park purposes.
The City has been maintaining and operating the Park since 1977,
including the County-owned parcels. However, neither the County nor the City
have been able to locate an agreement memorializing the terms and conditions.
In order to formalize the agreement, the proposed Lease Agreement (Lease) is
being presented to the Board of County Commissioners for consideration. The
Lease provides for an initial term of 20 years with 2 additional 20 year
renewal terms. The annual rent for this Lease Agreement is ten dollars ($10).
The City will continue to provide all management and maintenance necessary to
operate Atlantic Dunes Park. Parks &
Recreation will continue to have administrative responsibility for this
Lease. (Property & Real
Estate Management) District 4 (HJF)
8. Staff
recommends motion to approve: Work Order No. 23-004 to the annual Roofing
contract (R2020-1696) with Hi-Tech Roofing & Sheetmetal, Inc. (Contractor)
in the amount of $211,840 for the Water Treatment Plant No.9 - South Pump
Station F - Roof Replacement project for a period of 150 calendar days from
notice to proceed. SUMMARY: The existing roof at the Water
Treatment Plant No.9 - South Pump Station F is approximately 33 years old and
is at the end of its service life. The new roofing system will provide for
years of weather tight protection. This project was competitively advertised
and new contractors were invited to bid on the project by submitting
prequalification documents prior to the submission of the bid response. The
Contractor will have 150 calendar days from notice to proceed to substantially
complete the project. Liquidated damages for failure to achieve certification
of substantial completion within the contract time or approved time extension
thereof are $180 per day. This Work Order was solicited pursuant to the annual
Roofing contract and the requirements of the Equal Business Opportunity
Ordinance. The Roofing annual contract was presented to the Goal Setting
Committee on July 15, 2020 and the Committee established Affirmative
Procurement Initiatives (APIs) of sheltered market for projects less than
$100,000 or 10% Small Business Enterprises (SBE) price preference for projects
$100,000 or greater. Since this project was over $100,000, the SBE price
preference API was applied. There is no SBE participation on this Work Order.
Cumulative SBE participation on the annual Roofing contract is 32.59%. The
Contractor is a local business. Funding for this project is from the Water
Utilities Department (WUD) Operation & Maintenance Fund. (Capital Improvements Division) District
5 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
9. Staff recommends motion to approve: Supplement #1 to the Consultant Services Authorization (CSA) #10 to the
continuing Architectural/ Engineering Consulting Services contract (R2019-1900)
with Song & Associates, Inc. (Consultant) in the amount of $112,568 for the
Vista Center Permit Area Remodeling project.
SUMMARY: On December 17, 2019, the Board of County
Commissioners (Board) approved the continuing Architectural/Engineering
Consulting Services contract with the Consultant (R2019-1900) to provide
architectural services for various projects on a task assignment basis. Under
CSA #10, the Consultant provided a schematic design necessary for the
renovation of the existing first floor permit area customer service and support
offices spaces. Under Supplement #1, the Consultant will provide the professional
services (i.e. full design, civil engineering, mechanical, electrical and
plumbing services, bidding services and construction administration) necessary
for the Vista Center Permit Area Remodeling project. Remodeling includes, but
is not limited to, reconfiguring the existing space to accommodate the
increased staffing and public service needs within the permit center,
inspections area, records area and cashier area. The continuing
Architectural/Engineering Consulting Services contract was presented to the
Goal Setting Committee on August 7, 2019 and the Committee established
Affirmative Procurement Initiatives of a minimum mandatory 20% Small Business
Enterprise (SBE) subcontracting goal and an SBE evaluation preference for SBE
participation. The Consultant committed to achieving an SBE goal of 100%. The
Consultant was an S/M/WBE firm at the time of selection and has since graduated
from the SBE program. The SBE participation on this Supplement is 28.03%.
Cumulative SBE participation on the continuing Architectural/Engineering
Consulting Services contract is 37.39%. The Consultant is a local firm. Funding
for this project is from the Building Capital Projects Fund. (Capital
Improvements Division) District 7 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
10. Staff
recommends motion to:
A) receive and file Amendment No. 11 to
the continuing contract for Construction Manager (CM) at Risk Services with
Lebolo Construction Management, Inc. (R2018-1161) establishing a Guaranteed
Maximum Price (GMP) in the amount of $417,570 for construction management
services for a new playground for the from the notice to proceed;
B) approve
a budget transfer in the amount of $112,570 in the Housing and Economic
Sustainability Fund to set up a transfer and allocate funds for the Melissa’s
Place Lake Village at the Glades project to be funded from the Federal
Community Development Block Grant (CDBG) Funds; and
C) approve a budget amendment in the amount of $112,570
in the Public Building Improvement Fund to recognize the transfer from the
Housing and Economic Sustainability Fund and to appropriate funds for the
Melissa’s Place Lake Village at the Glades project.
SUMMARY: On August 14, 2018, the
Board of County Commissioners (Board) approved the continuing contract with
Lebolo Construction Management, Inc. to provide construction management
services. On January 10, 2023, the
BCC authorized the county administrator or designee, which in this case was the
Director of Facilities Development and Operations (FDO), to execute Amendment
No. 11 to procure the long lead-time
new playground equipment in an amount not to exceed $417,570. Amendment
No. 11 authorized Lebolo Construction Management, Inc. to establish a GMP in the amount of $417,570 to coordinate,
procure and install the new playground. Amendment No. 11 was fully executed on
behalf of the Board by the Director of FDO. In accordance with the County Policy 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. Small
Business Enterprise participation does not apply to federally funded contracts.
Under the federal requirements, a minority participation goal of 22.4% and
female participation goal of 6.9% has been established. The CM anticipates an
Equal Employment Opportunity utilization of 14.3% for Amendment No. 11.
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
10. SUMMARY:
(cont’d) On December 7, 2021, the Board approved a budget transfer
and amendment in the amount of $305,000 from the Housing and Economic Sustainability
Fund to the Public Building Improvement Fund to reimburse FDO for eligible
project costs for the Melissa’s Place Lake Village at the Glades project. On
December 12, 2022 the Department of Housing and Economic Development (DHED) and
FDO entered into Amendment 2 to the Memorandum of Understanding for the
Melissa’s Place Lake Village at the Glades project to make available additional
CDBG funding in the amount of $112,570. Total CDBG funds made available for the
Melissa’s Place Lake Village at the Glades project is in the amount of
$417,570. This budget transfer and amendment will set up and recognize the
transfer of additional funding in the amount of $112,570 from the Housing and
Economic Sustainability Fund to the Public Building Improvement Fund to
reimburse FDO for eligible project costs for the Melissa’s Place Lake Village
at the Glades project. Funding for this project is from the Public Building
Improvement Fund. (Capital
Improvements Division) District 6
(MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
11. Staff recommends motion to approve:
Work Order No. 23-005 to the
annual Minor Construction Services contract (R2020-0143) with Andrea
Construction, Inc. (Contractor) in the amount of $245,760 for the Morikami Park
- BIWA Pavilion Rehabilitation project for a period of 120 calendar days from
notice to proceed. SUMMARY: The
project consists of the rehabilitation and repair of the existing Morikami Park
- BIWA Pavilion. Rehabilitation and repairs include, but are not limited to,
roof repairs, structural improvements, painting, wood repairs and general
maintenance items. Work Order 23-005 authorizes the construction services
necessary to furnish all material, labor, supervision, permits and
supplies necessary for the Morikami
Park - BIWA Pavilion Rehabilitation project. This project was competitively advertised and new contractors were
invited to bid by submitting prequalification documents prior to the submission
of the bid response. The Contractor will have 120 calendar days from notice to
proceed to substantially complete the project. Liquidated damages for failure
to achieve certification of substantial completion within the contract time or
approved time extension thereof are $120 per day. This Work Order was solicited
pursuant to the annual Minor Construction Services contract and the
requirements of the Equal Business Opportunity (EBO) Ordinance. The annual
Minor Construction Services contract was presented to the Goal Setting
Committee on August 21, 2019. The Committee applied the following three
Affirmative Procurement Initiatives (APIs): 1) sheltered market for projects
under $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. Since this is a multi-trade project over
$100,000, the mandatory 25% SBE subcontracting goal API was applied. SBE
participation for this Work Order is 59.60%. Cumulative SBE participation on
the annual Minor Construction Services contract is 69.15%. The Contractor is a
certified SBE company and a Palm Beach County business. Funding for this
project is from the Infrastructure Sales Tax Fund. (Capital Improvements
Division) District 5 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
12. Staff
recommends motion to approve: Consultant Services Authorization (CSA) No. 6
to the Consulting Services/Design Professional Services contract (R2018-1004)
with Harvard Jolly, Inc. (Consultant) in the amount of $913,536 for the Lake
Lytal Aquatic Complex project.
SUMMARY: On July 10, 2018, the Board of County Commissioners
(Board) approved the Consulting Services/Design Professional Services contract
(R2018-1004) with the Consultant to provide architectural/engineering design,
permitting and construction administration services for the Lake Lytal Aquatic
Complex project. Under CSA No. 6, the Consultant will provide the professional
services (architectural and engineering design services, coordination and
construction administration services) necessary for the Lake Lytal Aquatic
Complex project. CSA No. 6 authorizes site improvements, coordination and the
design of the ticketing/entry building, concessions building, support services
building and equipment building; design of a 70-meter competition pool and dive
pool area; design of related deck areas for the team and spectators use; and
the design of the back of house service drive and staff parking area on the
west side of the site for the Lake Lytal Aquatic Complex project. The
Consulting Services/Design Professional Services contract for the Lake Lytal
Aquatic Complex project was awarded under the prior Small Business Enterprise
(SBE) program. The Consultant committed to achieving an SBE goal of 30%. At the
time of proposal submittal, one of the subconsultants, Johnson, Levinson,
Ragan, Davila, Inc. was an SBE firm.
However, they have since graduated from the program. The SBE
participation on this CSA is 7.01%. Cumulative SBE participation on the
contract is 22.41%. The Consultant has an office located in Palm Beach County. Funding for this project is from the
Infrastructure Sales Tax Fund. (Capital Improvements Division) District
3 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
13. Staff
recommends motion to approve:
A) an amendment to the Infrastructure Sales Tax
(IST) Project Plan approved by the Board of County Commissioners (Board) on
April 4, 2017, as revised on January 4, 2022, to establish the budget in FY
2023 and increase the budget for the 810 Datura Building Replacement (Palm
Beach County (County) 45th Street Complex) project;
B) a budget transfer in the amount of
$2,600,000 in the IST Fund from the IST Reserves to increase the budget for the
County’s 45th Street Complex project; and
C) a contract with Alfonso Hernandez Architect,
LLC (Consultant) in the amount of $2,312,001.76 to provide professional
architectural/engineering (A/E) design, master planning and site planning services,
interior space planning, engineering, permitting and construction
administration services for the County’s 45th Street Complex project.
SUMMARY:
On
August 31, 2021, the Board of County Commissioners (Board) directed Staff to
pursue the development of the Urban Campus initiative with University of
Florida (UF) and authorized Staff to return at a later date with a revised
schedule, including appropriation of the required funding, for design and
construction of the Community Services Department (CSD) building to be
relocated at the County’s 45th Street Complex (southeast corner of
45th Street and Australian Avenue in the City of West Palm Beach). On February
8, 2022, the Board approved a
conceptual Term Sheet with UF for the potential conveyance of approximately
5.03 acres of County-owned property in the City of West Palm Beach to UF for
the purpose of the development of an Urban Campus, and also authorized County staff to initiate the due diligence
and master planning process for the County’s 45th Street Complex property
required in preparation for the potential relocation of the CSD. On August 23,
2022, the Board approved the Development and Conveyance Agreement (DCA) with UF
which will require relocation of CSD to a new facility in order to allow for
construction of the Urban Campus. CSD’s main building is currently located at
810 Datura Street, West Palm Beach. The replacement facility will be built at
the County’s 45th Street Complex. Funding for the 810 Datura
Building Replacement project is approved under the IST project plan starting in
FY2025. To ensure timely development of the building replacement project,
funding must be made available in FY2023. On November 17, 2022, the IST
Independent Citizen Oversight Committee reviewed Staff’s request for an
increase in the project’s budget and an allocation of $2.6M from IST Reserves
and recommended the same be approved. The CSD facility located at 810 Datura
Street is no longer able to meet the growing needs of the community and its
staff.
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
13. SUMMARY (cont’d.): The new CSD
facility will be approximately 60,000 square feet and will accommodate the
current and future operational needs. This contract authorizes the professional
services necessary for the new CSD facility to be located at the County’s 45th
Street Complex. Professional services include, but are not limited to, site
planning services, site investigations and the preservation of potential
historical unearthed artifacts, design, interior space planning, engineering,
permitting and construction administration services for approximately 60,000
square feet of new office and support space, including all parking and site
improvements, to serve the needs of the County’s Community Services Department.
In addition, professional services will include master planning and site plan
approval services for all existing facilities and improvements on the property
as well as approximately 350,000 square feet of future governmental office and
support space in both, single and multi-story facilities, including all parking
and site improvements required to support same. The project will include all
related infrastructure and site work development required to support the new
CSD facility without compromising the ability to retain all existing
improvements in service and realize the future delivery of the approximately
350,000 square feet facility for government office and support space. Design
services for the 350,000 square feet facility of government office and support
space are not included in this contract. The services for the 350,000 square
feet future government building included in this contract is limited to a space
allocation on the master plan which will be prepared by the Consultant and
submitted to the City of West Palm Beach’s Planning and Zoning Division for
review and approval in order to entitle the land accordingly as requested by
the County. The solicitation for design professionals was advertised on
May 22, 2022 according to the Equal Business Opportunity Ordinance, with the
final selection on September 6, 2022.
The project was presented to the Goal Setting Committee on May 18, 2022.
The Committee established Affirmative Procurement Initiatives of a Minority
Business Enterprise (MBE) participation evaluation preference for African
American-owned firms and a minimum mandatory contract goal of 20% Small
Business Enterprise (SBE) participation. The Consultant has committed to 82%
SBE participation, of which 15% is MBE (African American) participation for
this contract. SBE participation for the project is 60.65% of which 15.44% is
MBE participation. The Consultant is a Certified SBE and local firm. Funding
for this project is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 7 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
14. Staff recommends motion to approve: Amendment No. 9 to the Construction Manager (CM) at Risk Services
contract (R2016-0430) with Hedrick Brothers Construction Co., Inc. (Contractor)
establishing a Guaranteed Maximum Price (GMP) in the amount of $1,837,720 for
the Main Detention Center (MDC) Renewal/Replacement (R/R) East Tower Rain Water
Leader/Sanitary Pipelining project for a period of 116 calendar days from
notice to proceed. SUMMARY: On April 5, 2016, the Board of County
Commissioners (Board) approved the CM at Risk Services contract with Hedrick
Brothers (R2016-0430) for the Detention Facilities project. The Detention Facilities
project includes renewal/replacement of major building systems at the County’s
detention facilities including the MDC, the Western Detention Center and the
Central Detention Center. The project includes the R/R of the following major
building systems at these detention facilities: mechanical including heating
ventilation and air conditioning; fire protection; plumbing and boilers;
electrical; low voltage including electronic security systems and fire alarm,
security doors and hardware; roofing; weatherproofing and other similar
improvements. Amendment No. 9 establishes a GMP in the amount of $1,837,720 for
the construction management services necessary for the MDC R/R East Tower Rain
Water Leader/Sanitary Pipelining project. Investigations revealed that the East
Tower vertical rainwater leader and sanitary sewer system piping have
significant deterioration and are in need of pipelining. Pipelining involves
replacing any severely damaged portions of the pipe, cleaning the inside of the
pipe and lining the pipe with a resin coating. These pipes are original to the
approximately 40-year-old building and are cracked, leaking or heavily
corroded. Previous amendments to the contract did not include the replacement
or pipelining of the existing storm and sanitary pipes. The Contractor will
have 116 calendar days from notice to proceed to substantially complete the
project. Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $274
per day. On June 15, 2022, the Goal Setting Committee established an
Affirmative Procurement Initiative of 3% Small Business Enterprise (SBE)
participation for the project. The Contractor committed to 7.94% SBE
participation on this amendment. The Cumulative SBE participation on the
contract is 57.04%. The Contractor has an office located in Palm Beach County.
Funding for this project is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 3 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
15. Staff recommends motion to receive and file:
Amendment No. 10 to the continuing contract for Construction Manager
(CM) at Risk Services with Lebolo Construction Management, Inc. (R2018-1161)
establishing a Guaranteed Maximum Price (GMP) in the amount of $1,167,389 for
construction management services for the Glades Pioneer Park Playground
Replacement project for a period of 300 calendar days from notice to proceed. SUMMARY:
On August 14, 2018, the Board of County Commissioners (Board) approved the
continuing contract with Lebolo Construction Management, Inc. to provide
construction management services. On January 10, 2023, the Board authorized the
County Administrator or designee, which in this case was the Director of
Facilities Development and Operations (FDO), to execute Amendment No. 10 to
procure the long-lead time new playground equipment in an amount not to exceed
$1,167,389. Amendment No. 10 authorized Lebolo Construction Management, Inc. to
establish a GMP in the amount $1,167,389 to coordinate, procure and install the
new playground, which will replace the existing outdated playground located at
the Glades Pioneer Park, located adjacent to the Orange Bowl field. Amendment
No. 10 was fully executed on behalf of the Board 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. Small Business Enterprise participation does not apply to
federally funded contracts. Under the federal requirements, a minority
participation goal of 22.4% and female participation goal of 6.9% has been
established.The CM anticipates an Equal Employment Opportunity utilization of
74.76% for Amendment No. 10. Funding for this project is from the Park
Improvement Fund. (Capital Improvements Division) District 6
(MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
16. Staff recommends motion to approve: Memorandum
of Agreement (MOA) with the Bureau of Land Management (BLM), an agency of the
United States Department of the Interior, for the use of BLM-owned property as
a temporary satellite location for Fire Rescue’s Station #18 during the closure
of the US 1 Bridge (Bridge), retroactively from January 5, 2023 through October
22, 2025. SUMMARY: The US 1 Bridge Replacement Project (Project) is a
Florida Department of Transportation initiative to replace the existing Bridge
(from CRA1A to CR707) over the Intercoastal Waterway and the Loxahatchee River
in the Town of Jupiter. Full Bridge closure is included as part of the Project
and is expected to start on March 13, 2023, extending for approximately 20
months. Service and response times to areas north of the Bridge by Fire Station
#18, located in Burt Reynolds Park, could potentially be affected due to the
closure. BLM owns property north of the Bridge known as the Jupiter Inlet
Lighthouse Outstanding Natural Area (Property), located at 500 Captain Armours
Way in Jupiter, which Fire Rescue can use as a satellite location during the
Project to mitigate the aforementioned impacts to service and response times.
The facility, identified as Unit G, is being provided to the County at no cost
in rent. This satellite location will be known as Fire Station #11. Due to the
exigent circumstances created by the impending Bridge closure, the Director of
Facilities Development and Operations proceeded to authorize the required work
to renovate Unit G in order to ensure its readiness to serve as temporary Fire
Station #11. The total renovation costs for the facility amounted to $97,460.
Staff is recommending that the MOA be approved retroactively as of the date of
approval of the renovation work (i.e. January 5, 2023). (Property & Real
Estate Management) District 1 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
17. Staff recommends motion to approve: an
increase to the maximum cumulative value for the annual Heating, Ventilation
and Air Conditioning (HVAC) contract in the amount of $10,000,000 for HVAC
services on an as-needed basis through January 6, 2025. SUMMARY: On January 7, 2020, the Board
of County Commissioners (Board) approved annual HVAC contracts (R2020-0019
though R2020-0023) for HVAC services related to system and component
installations, upgrades, replacements, modifications and repairs. To date, the
County has awarded work orders in the amount of $12,278,498.11. In order to
accommodate additional anticipated new projects required to be accomplished
before this contract expires on January 6, 2025, staff is requesting to
increase the maximum cumulative value for the annual HVAC contract in the amount
of $10,000,000. This increase will bring the maximum cumulative value of the
annual HVAC contract to $23,000,000. 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 contract
before the term ends. Projects $100,000 or greater are advertised on the vendor
self-service website while projects $200,000 or greater are additionally
advertised in the newspaper. Projects less than $100,000 are bid among the pool
of certified SBE contractors, when three or more small businesses are qualified
under the contract. The bidding pool is further expanded to include additional
bidders responding to the specific project advertisement that submit a
qualification application at least ten calendar days before the bid due date.
Currently 19 contractors are prequalified. The annual HVAC contract was
presented to the Goal Setting Committee on August 21, 2019 and the Committee
established Affirmative Procurement Initiatives of sheltered market for
projects less than $100,000 (when three or more small businesses are qualified
under the annual contract) or a Small Business Enterprise contractor will be
given a price preference if its bid is within 10% of the lowest non-small
business bid. The cumulative S/M/WBE participation for the HVAC annual contract
is 27.49%. (Capital Improvements) Countywide (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d)
18. Staff recommends
motion to approve: Change Order No. 5 to
Amendment No. 1
(R2021-1793) for the Construction Manager (CM)
at Risk Services contract (R2019-1751) with Kast Construction Company LLC
(Contractor) in the amount of $1,604,232.88 for the Supervisor of Elections
(SOE) Production Facility project. Summary: On November 19, 2019, the
Board of County Commissioners (Board) approved the contract with Kast
Construction Company LLC for construction management services for the SOE
Production Facility project. On December 7, 2021, the Board approved Amendment
No. 1 (R2021-1793) for the construction of approximately 156,000 square feet of
office and warehouse space which will house the SOE administrative office and
production facility operations; a multi-story parking garage of approximately
146,000 square feet and additional surface parking for both public and staff
use; including all the associated site infrastructure improvements required to
support both buildings. Change Order No. 5 to Amendment No. 1 authorizes the
construction management services necessary for permit update changes as well as
owner requested modifications (to meet statutory requirements for election
facilities) to certain structural,
architectural, electrical and mechanical components of the SOE Production
Facility project. The solicitation for a CM was advertised on July 21, 2019
according to the requirements of the Equal Business Opportunity (EBO) ordinance.
On July 21, 2021, the Goal Setting Committee established an Affirmative
Procurement Initiative (API) of 20% Small Business Enterprise (SBE)
participation for the construction phase of the project, of which 8% must be
African American or Hispanic American firms. SBE Participation for this Change
Order is 28.80% SBE participation, of which 18.38% is African American or
Hispanic American participation. The cumulative SBE participation for this
contract is 22.89% SBE participation, of which 9.12% is African American or
Hispanic American participation .The Contractor is a Palm Beach County
Business. This project is funded by the 51.05M NAV Pub Imp Rev Bonds, 21A, CP,
SOE Bldg. Fund. (Capital Improvements Division) District 7 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1.
Staff recommends motion to receive and file: Amendment 001 to Agreement with the Coalition For Independent Living
Options, Inc. (CILO), dated October 1, 2022 (R2022-1198), under Fiscal Year
2022-2023 for the Community Development Block Grant (CDBG) program. SUMMARY: The original Agreement provided $22,399 in
funding for the preparation of meals through the Disability Inclusion &
Nutrition Education Program to disabled persons who are temporarily unable to
purchase and prepare food, along with instructions in living skills to Program
recipients. Amendment 001 revises the
original Scope of Work re-allocating funding to include the employment
of one Food Pantry Specialist. The Food
Pantry Specialist, will primarily be responsible for overseeing the packaging
of prepared meals and/or groceries within the Agency. These documents have been executed on behalf of the Board of County Commissioners
(BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 3I-2, as approved by the BCC on October 18, 2022. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These are Federal CDBG funds, which require no local match. Countywide
(HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
2.
Staff recommends motion to receive and file: the following amendments for time extensions to two agreements under Fiscal Year
2021-2022 and Fiscal Year 2022-2023 Community Development Block Grant (CDBG)
Program:
A) Amendment 001 to a
CDBG Agreement (R2021-1533) with the City of Lake Worth Beach for $274,506, to
implement Phase I of the improvements at the Harold Grimes Memorial Park; and
B) Amendment 001 to a
CDBG Agreement (R2022-1210) with the City of Lake Worth Beach for $306,691, to
implement Phase II of the improvements at the Harold Grimes Memorial Park.
SUMMARY: These documents have been executed on behalf of the Board of
County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 3I-8 (R2021-1533), as approved by the BCC on October 19, 2021 and Agenda Item 3I-4
(2022-1210), as approved by the BCC on October 18, 2022, respectively.
Amendment 001 to R2021-1533 was requested by the City of Lake Worth Beach and
extends the agreement performance completion dates and the 100% reimbursement
request date from December 31, 2022 to July 15, 2023. The time extension is due to the City’s need
for additional time to complete the parking upgrades of the project scope.
Amendment 001 to R2022-1210 was requested by the City of Lake Worth Beach and
extends the agreement performance date to award construction contract from
December 31, 2022 to March 31, 2023. The time extension is due to delays during
the design phase that subsequently affected the City’s competitive bidding
timeline to select and award a construction contract. The extensions will still
allow the County to meet its CDBG spending requirements. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These are Federal CDBG funds, which require no local match. District
2 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
3. Staff recommends motion to receive
and file: the following amendments for time extensions to two agreements
under Fiscal Year 2021-2022 and Fiscal Year 2022-2023 Community Development
Block Grant (CDBG) Program:
A) Amendment 002 to a
CDBG Agreement (R2021-1613) with the Village of Palm Springs for $130,515, to
continue the construction of an interconnected sidewalk system, within the
Village; and
B) Amendment 001 to a
CDBG Agreement (R2022-1290) with the Village of Palm Springs for $120,818, to
continue the construction of an interconnected sidewalk system, within the
Village.
SUMMARY: These documents have been executed on behalf of the Board of
County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development in accordance with Agenda Item 3I-1 (R2021-1613), as approved by the BCC on November 2, 2021,
Amendment 001 under Agenda Item 3I-1 (2022-0594), as approved by the BCC on
June 14, 2022 and Agenda Item 3I-4 (2022-1290), as approved by the BCC on
November 01, 2022, respectively. Amendment 002 to Agreement R2021-1613 with the Village of Palm Springs
extends the agreement performance completion dates and the 100% reimbursement
date from December 31, 2022 to July 15, 2023.
The time extension is due to the need to relocate a utility pole within
the project scope area, thereby extending the project duration, under
Fiscal Year 2021-2022 Community Development Block Grant (CDBG) Program.
Amendment 001 to Agreement R2022-1290 with the Village of Palm Springs extends
the project performance dates to complete the construction of a pathway section
from Foxtail Palm Park to Gulfstream Road within the Village. The additional time would allow the Village
to advertise the project, receive competitive bids and award a construction
contract. The award of a construction contract is extended from December 31,
2022 to March 31, 2023, for the continued construction of the interconnected
sidewalks project under Fiscal Year 2022-2023 Community Development Block Grant
(CDBG) Program. The
extensions will still allow the County to meet its CDBG spending requirements.
County PPM CW-O-051 provides that all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. These are Federal CDBG funds, which require no local match. District
3 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
4. Staff recommends motion to receive
and file: Amendment 001 for a time extension to
the Agreement with the City of
Greenacres, dated October 1, 2022 (R2022-1209),
under Fiscal Year 2022-2023 Community
Development Block Grant (CDBG). SUMMARY: The original agreement provided $198,947 in funding for Phase I of
sanitary sewer improvements located between 10th Avenue north and
Biscayne Boulevard within the City of Greenacres. Amendment 001 extends the
original agreement performance requirement date to award construction contract,
from December 31, 2022 to no later than April 30, 2023. The time extension is needed to complete the
bidding process and allow the City of Greenacres an adequate timeframe to
select and award a construction contract within the project budget. These
documents have been executed on behalf of the Board of County Commissioners
(BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 3I-4, as approved by the BCC on October 18, 2022. The extensions will still
allow the County to meet its CDBG spending requirements. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These are Federal CDBG funds, which require no local match. District 3 (HJF)
5. Staff recommends motion to receive
and file: Amendment 001 for time
extension to the Agreement with
the Town of Lake Park, dated October 1, 2022 (R2022-1211), under Fiscal Year
2022-2023 for the Community Development Block Grant (CDBG) program. SUMMARY: The original Agreement provided $55,433 in
funding to implement ADA compliant playground equipment at Ilex Park, located at the intersection of West Ilex Drive and 8th
Street, in the Town of Lake Park. Amendment 001 extends the original Agreement performance requirement date
to award construction contract, from December 31, 2022 to March 31, 2023. The
time extension is needed to complete the bidding process and allow the Town
adequate time to select and award a construction contract within the project
budget. These documents have been executed on behalf of the Board of County
Commissioners by the Director of the Department of Housing and Economic
Development in accordance with Agenda Item 3I-4, as approved by the BCC on
October 18, 2022. The extensions will still allow the County to meet its CDBG spending
requirements. County PPM CW-O-051 provides that all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. These are
Federal CDBG funds, which require no
local match. District 7 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
6. Staff recommends motion to receive and file: Amendment 001 for time extension to Agreement R2022-1289 with the City of Belle Glade under Fiscal
Year 2022-2023 Community Development Block Grant (CDBG) Program. SUMMARY:
These documents have been executed on behalf of the Board of
County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 3I-4 (R2021-1289), as approved by the BCC on November 1, 2022. The original agreement
provided $348,292 in funding to undertake improvements at the Airport Park,
located at 1400 North Main Street in the City of Belle Glade. Amendment 001 to the agreement extends the
performance requirements for the project and the 100% reimbursement request is
extended from December 31, 2023 to April 30, 2024. The time extension is due to
unforeseen delays during the design phase and long lead times to obtain
materials for the Airport Park improvement project. The extensions will still
allow the County to meet its CDBG spending requirements. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These are Federal CDBG funds, which require no local match. District
6 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
7. Staff recommends motion to:
A) approve a request for an amendment to certain terms of the County's Industrial
Development Revenue Bond, Series 2011 (Jupiter Christian School Project) (the
Series 2011 Bond) and an amendment to the loan agreement approved by County
Resolution No. R2011-0691, as amended by Resolution R2017-0596, pursuant to
which the Series 2011 Bond was issued to refinance certain outstanding debt and
finance a project on behalf of Jupiter Christian School, Inc. (the Borrower);
and
B) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida authorizing amendments to the Series 2011 Bond previously issued in the
principal amount of $10,050,000 for the purpose of entering into a Consolidated
Amendment to Bond Documents among the County, the Borrower and Truist
Commercial Equity, Inc. in the form attached as Exhibit A to the Resolution,
including an Allonge to the Series 2011 Bond, a form of which is attached as
Exhibit A to the Consolidated Amendment to Bond Documents; confirming that such
Series 2011 Bond shall not constitute a debt, liability or obligation of Palm
Beach County, Florida or the State of Florida or any political subdivision
thereof, but shall be payable from the revenue therein provided; approving and
authorizing the execution and delivery of the documents necessary to complete
such amendments.
SUMMARY: The
Series 2011 Bond was issued on May 9, 2011 to: (i) refinance certain outstanding debt of the Borrower; (ii) finance
a portion of the costs of a project consisting of the acquisition, construction
and improving of certain educational facilities of the Borrower, including,
among other things, at the facilities located at 700 South Delaware Boulevard
and 707 Commerce Way East, Jupiter, Florida; and (iii) pay a portion of the
costs of issuance of the Series 2011 Bond.
The proposed amendments will: (i) adjust the interest calculation from a
London Interbank Offered Rate (LIBOR) based index to a term Secure Overnight
Financing Rate (SOFR) based index for the Series 2011 Bond; (ii) approve an
Allonge to the Series 2011 Bond; and (iii) make certain other corresponding
amendments to the terms and conditions as set forth in the Consolidated
Amendment to Bond Documents. 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 Series 2011 Bond. District
1 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
8. Staff
recommends motion to receive and file:
a Section 108 Guaranteed Loan
Custodial Agreement between Palm Beach County, a municipal corporation and the
Clerk & Comptroller of Palm Beach County, a constitutional office. SUMMARY:
On August 9, 2021, the Department of Housing & Economic Development applied
for and was subsequently awarded $14M from the U.S. Department of Housing &
Urban Development (HUD) for the Section 108 Loan Guarantee Program. The Section
108 Loan Guarantee Program provides a source of low-cost long-term financing
for economic development projects. HUD requires the designation of a
Custodian to serve as the Palm Beach County Trustee for each HUD Loan Pool,
responsible for safeguarding security agreements and documents executed on
behalf of HUD and the County. Per each Contract, the County (as Borrower of the Section
108 Loan Guarantee Program funds) shall deliver a standard set of documents to
the Clerk (as Custodian) no later than ninety (90) days after disbursement of
Section 108 Loan Guarantee Program funds to a business borrower including the
Section 108 Guaranteed Loan Custodial Agreement for new HUD Loan Pool
B-21-UC-12-0004. County PPM CW-O-051 provides that all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. These are Federal CDBG funds, which require no local match. Countywide
(HJF)
9. Staff recommends motion to approve:
SUMMARY: On July 12, 2022,
the Board of County Commissioners (BCC) approved an allocation of Community
Development Block Grant (CDBG) funds in the amount of $616,088 for renovations
to the entrance plaza at Duncan Padgett Park located in Pahokee and CDBG funds
in the amount of $859,506 for renovations to the softball field at Glades
Pioneer Park located in Belle Glade. A
Memorandum of Understanding with Palm Beach County Department of
Facilities Development and Operations (FDO), the Palm Beach County Parks and
Recreation (P&R) and the Department of Housing and Economic Development
require that an interdepartmental budget transfer be established to reimburse
FDO and P&R for eligible project costs. The budget transfer and amendments
are necessary to appropriate the required funds. These are CDBG funds and require no local match. District 6 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
10. Staff recommends motion to receive
and file: Amendment 003 to Loan
Agreement R2021-1076 with
Habitat Housing Solutions for $315,672,
for the construction of three, for-sale, single family homes, extending the
completion date from March 31, 2023 to September 30, 2023. Summary: The HOME document has been executed on behalf of the Board of
County Commissioners by
the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 5A-3 as
approved by the BCC on February 11, 2020.
The Loan Agreement (R2021-1076) with Habitat Housing Solutions,
Inc., provided $315,672 in HOME
funding toward the construction of three single family affordable housing units
located at 540 SW 8th Street in Belle Glade, 205 S. Barfield Highway
in Pahokee, and 290 Cypress Avenue in Pahokee. Construction delays has impacted
the project thereby the need to extend the project completion date from March 31, 2023 to September 30, 2023. County PPM CW-O-051
provides that all delegated contracts, agreements and grants 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 SHIP funds. District
6 (HJF)
11. Staff recommends motion to approve:
A) a budget transfer of $300,000 in the Housing and Economic Sustainability
Fund to set up a transfer to allocate funds for the Wabasso Drive Bridge
Replacement project; and
B) a budget amendment of $300,000 in the
Transportation and Improvement Fund to recognize the transfer from the Housing
and Economic Sustainability Fund and to appropriate those funds for the Wabasso
Drive Bridge Replacement project.
SUMMARY: On July 14, 2020, the Board of County Commissioners
approved the annual FY 2020-2021 Action Plan that included the allocation of
$795,807 in Community Development Block Grant funds for the Wabasso Drive
Bridge Replacement project, located on Wabasso Drive across the Lake Worth
Drainage District L-2 Canal. Since that approval the anticipated cost of the
project has increased and, as provided in the approved Action Plan, the
Department of Housing and Economic Development (DHED) has allocated an
additional funding amount $300,000 for the project. A Memorandum of
Understanding with Palm Beach County Department of Facilities Development and
Operations (FDO), the Palm Beach County Engineering and Public Works Department
(EPW) and DHED requires that an interdepartmental budget amendment be processed
to reimburse FDO and EPW for eligible project costs. The budget transfer is
necessary to appropriate the required funds.
These are CDBG funds and require
no local match. Districts 2 & 7 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
12. Staff recommends motion to
approve:
A) a
budget transfer of $454,958 in the Housing and Economic Sustainability Fund to
set up transfers to allocate funds for resurfacing of roadways within the Penn
Park neighborhood project; and
SUMMARY: On July 12, 2022,
the Board of County Commissioners (BCC) approved an allocation of Community
Development Block Grant (CDBG) funds in the amount of $454,958 for the
resurfacing of roadways within the Penn Park neighborhood, located north of
Indiantown Road in Jupiter. A Memorandum
of Understanding between Palm Beach County’s Department of Engineering and
Public Works (EPW) and Department of Housing and Economic Development require
that an interdepartmental budget transfer be established to reimburse EPW for
eligible project costs. The budget transfer and amendments are necessary to
appropriate the required funds. These are CDBG funds and require no local
match. District 1 (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d)
13. Staff recommend motion to:
A) receive and file a
Funding/Approval Agreement with the U.S. Department of Housing and Urban
Development (HUD) in the amount of $14,000,000 for the Palm Beach County
Section 108 Loan Guarantee Program; and
B) approve a budget amendment of $14,000,000 in the HUD
Loan Repayment Account fund to recognize the revenue and to establish the
Section 108 Loan Guarantee Program appropriation budget.
Summary: On August 9,
2021, the Department of Housing & Economic Development applied for and was
subsequently awarded $14,000,000 for the Section 108 Loan Guarantee Program.
This agreement increases the available Section 108 Loan Program allocation by
$14,000,000. The Section 108 Loan Guarantee Program provides a source of
low-cost long-term financing for economic development projects. This agreement was executed on behalf of the
Board of County Commissioners by the Director of Housing & Economic
Development as delegated by the County Administrator, in accordance with Agenda
Item R2009-0725 approved by the Board on May 5, 2009. County PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These
are Federal funds, which require no
local match. Countywide (HJF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff
recommends motion to approve:
a contract for the Kings
Point Flanders and Capri Water Main Replacement (Project) with Amici
Engineering Contractors, LLC (Contractor) in the amount of $5,693,565.60. SUMMARY: On October 19, 2022, the Palm
Beach County Water Utilities Department (PBCWUD) received six bids for the
Project. Contractor was determined to be the lowest responsive and responsible
bidder in the amount of $5,693,565.60. The Project provides for all materials,
labor, supervision, equipment, supplies, fees, expertise, and services
necessary for the replacement of approximately 18,500 linear feet of water main
within Kings Point Flanders and Capri subdivisions. The construction services
consist of installation of potable water mains, fire protection improvement,
replacement of water service lines, and all associated appurtenances within the
Kings Point residential community. This Project was procured under the
requirements of the Equal Business Opportunity Ordinance. On September 8, 2022,
the Goal Setting Committee applied 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 and/or Hispanic American owned firms.
Contractor has met the established API.
The Contract provides for 20.37% SBE
participation, which includes 4.03% MBE participation, 4.03% MBE (B).
Contractor is headquartered in Miami, Florida. The Project is included in the
PBCWUD FY23 budget. (PBCWUD Project No. 21-034) District 5 (MWJ)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1.
Staff recommends motion to receive and file: Amendment Number Three to the State of Florida
Department of Transportation (FDOT) Joint Participation Agreement (Agreement)
No. ARQ-58 (R2014-1767), in order to revise Amendment Number Two ARX-05
(R2020-0590), to provide for an additional six-months post construction
monitoring and maintenance of Snook Islands/Bryant Park/Snook Islands II
mitigation sites, beginning June 30, 2023 and with an expiration date of
December 31, 2023. Summary: On
November 18, 2014, the Board of County Commissioners (BCC) approved an
Agreement with the FDOT (R2014-1767) to fund a five-year program for monitoring
and maintenance, and perpetual maintenance of the Snook Island/Bryant Park
mitigation project. The Agreement provided $200,000 to fund The Department of
Environmental Resources Management staff to perform the monitoring and maintenance,
and perpetual maintenance of the mitigation site. Delegated authority to sign future time
extensions, task assignments, certifications and any other forms associated
with this Agreement was approved at that time. On November 3, 2015, the BCC approved Agreement Amendment Number One
(R2015-1567) to remove redundant indemnification language in paragraph 23. On June 2, 2020, the BCC approved Agreement
Amendment Number Two ARX-05 (R2020-0590) combining FDOT Agreements ARQ-58
(R2014-1767) and ARX-05 (R2015-0725) for reimbursement of County staff and
costs associated with the monitoring and maintenance of the Snook Island/Bryant
Park and Snook Islands II mitigation sites up to $110,000. Amendment Number Two also extended the time
for this Agreement until June 30, 2023. Amendment Number Three provides an
additional six months of post construction monitoring and maintenance of the
Snook Island/Bryant Park/Snook Islands II mitigation sites. In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating department as a
receive and file agenda item. There is no cost to the County. District 2 (SF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d)
2. Staff recommends motion to:
A) approve State of Florida Department of Environmental
Protection (FDEP) Standard Grant Agreement No. 23PB1 (Agreement) for an amount not to exceed $837,643.13 providing
for construction of the South Jupiter Beach Restoration Project (Project)
beginning August 11, 2021 and expiring December 31, 2025;
B)
approve a budget amendment
of $837,644 in the Beach Improvement Fund to recognize the revenue award from
FDEP; and
C) authorize the County Administrator or designee to sign all
future time extensions, task assignments, certifications, and other forms
associated with the Agreement, and any necessary minor amendments that do not
substantially change the scope of work, terms, or conditions of the Agreement.
Summary: The Agreement reimburses the County up to
$837,643.13 for construction costs. The County provides a 50% match for the
Project, up to $837,643.13, using available funds in the Beach Improvement
Fund. The Agreement covers eligible
construction costs for storm repairs associated with Hurricane Dorian in 2019.
FDEP routinely approves eligible projects through approved Local Government
Funding Requests for up to three years after work is completed. The Agreement
is retroactive to August 11, 2021. The Agreement contains an indemnification
and termination provision that differs from that adopted for use by the County
under PPM CW-F-049. In accordance with PPM CW-F-049, the Risk Management
Department and the County Attorney’s Office have reviewed the terms and agreed
to the deviations, taking into consideration the County’s need to conduct
design, permitting, construction, and monitoring work for the Project, the
amount of the grant award, County’s current performance of such work and
liability for its acts, and the non-waiver of sovereign immunity beyond the
statutory caps of Section 768.28, Florida Statutes. The County cost share is
$837,643.13. District 1 (SF)
3. Staff recommends motion to approve: Amendment
No. 1 to the Coral Cove Emergency Dune Restoration Contract No. 2023ERM01
(Contract) providing dune restoration services for the Coral Cove Dune
Restoration Project (Project), in order to set a daily rate for Liquidated Damages. Summary: On January
24, 2023, the Board of County Commissioners ratified the $2,256,930 Contract
(R2023-0094) to construct the Project. The Contract inadvertently omitted a
term regarding the daily rate of Liquidated Damages. Amendment No. 1 sets the
daily rate of Liquidated Damages applicable to the Contract at $750 and
specifies the section inside the Contract documents containing said daily rate.
The total Contract amount and all other Contract terms remain unchanged. There
is no cost to the County. District 1 (YBH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d)
4. Staff recommends motion to:
A) approve a
Memorandum of Understanding (MOU) between Discover The Palm Beaches (DTPB), and
Palm Beach County (County) to co-share the financial and managerial duties
associated with the annual LagoonFest events from 2023 through 2025. County will provide a 50% financial
commitment not to exceed $25,000 for each event year for DTPB to secure a
contract with a professional event management company to plan, promote and
implement annual LagoonFest events from 2023 through 2025; and
B) authorize the County Administrator or designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with the MOU that do not substantially change the terms or
conditions of the MOU.
Summary: LagoonFest is an annual eco-themed festival
that aims to inspire a connection between residents and visitors to Lake Worth
Lagoon (LWL), the County’s largest estuary.
DTPB will partner with Environmental Resources Management (ERM) to plan,
promote and implement annual LagoonFest Events from 2023 through 2025 utilizing
a professional event management firm. A professional event management firm will
provide services that include but are not limited to planning, securing
municipal authorizations, offsetting event costs through sponsorship
development, event marketing and promotion, maintenance of event budget
records, as well as logistics and management during LagoonFest events. As
co-producer of the LagoonFest events, ERM shares responsibility for the
financial and managerial aspects with DTPB. ERM will contribute 50% of the
event management firm fees not to exceed $25,000 for each event year. The event
management firm will be contracted by DTPB.
Funding is provided from the County’s Manatee Protection Fund (1232). Countywide
(SF)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d)
5. Staff recommends motion to receive
and file: Amendment No. 3 to the
Florida Department of Environmental Protection (FDEP) Agreement No. 19PB16
(Agreement), for the South Jupiter Hurricane Irma Recovery Project (Project),
extending the Agreement termination from November 15, 2022 to November 15,
2023. Summary: On August
20, 2019, the Board of County Commissioners approved the Agreement
(R2019-1179). Amendment No. 1 extended the termination date one year from
November 15, 2020 to November 15, 2021. Amendment No. 2 extended the
termination date one year from November 16, 2021 to November 15, 2022. This Amendment
is retroactive to November 15, 2022. The Project placed 6,317 tons of sand
along the shoreline between Carlin Park and the Jupiter Reef Club to repair
erosion as a result of Hurricane Irma. Construction of the Project was
completed February 28, 2020. In accordance with County PPM CW-O-051, all
delegated contracts/agreement/grants must be submitted by the initiating
Department as a receive and file agenda item. There is no cost to the County. District 1 (SF)
M. PARKS & RECREATION
1. Staff recommends motion to receive and
file: an executed Amphitheater Rental Agreement with Insomniac Holdings, LLC, for
the Cyclops Cove Event at Sunset Cove Amphitheater, for the period of December
8, 2022 through December 12, 2022. Summary: This Amphitheater Rental Agreement has
been fully executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Parks and Recreation Department in accordance with Resolution
2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166. The
Department is now submitting this Agreement in accordance with County PPM
CW-O-051, which requires all delegated agreements to be submitted by the
initiating Department to the BCC as a receive and file agenda item. District
5 (AH)
2. Staff recommends motion to receive and
file: an executed Special Events Rental Agreement with
Lights 4 Hope, Inc., for the
Lights 4 Hope Event at Okeeheelee Park, for the period October 21, 2022 through
January 9, 2023. Summary: This Special Events Rental Agreement has
been fully executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Parks and Recreation Department in accordance with Resolution
R2021-1552. The Department is now submitting this Agreement in accordance with
County PPM CW-O-051, which requires all delegated agreements to be submitted by
the initiating Department to the BCC as a receive and file agenda item. District
2 (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d)
3. Staff recommends motion to receive
and file: an executed Resident Caretaker Lease Agreement
with Christopher Sean McNamara, a full time County employee, for the residence
located at John Prince Park Campground, executed on December 23, 2022. Summary: This Resident Caretaker Lease Agreement has been fully
executed on behalf of the Board of County Commissioners (BCC) by the Director
of the Parks and Recreation Department in accordance with Resolution 2016-1606.
The Department is now submitting this Agreement in accordance with County PPM
CW-O-051, which requires all delegated agreements to be submitted by the
initiating Department as a receive and file agenda item. District 3 (AH)
4. Staff recommends motion to receive and
file: an executed Independent Contractor Agreement with
Go with Gabe LLC, for pickleball instruction at various Palm Beach County Parks locations (indoor and outdoor), for
the period of December 12, 2022 through September 30, 2023 in an amount not to
exceed $11,895. Summary: This Independent Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Parks and Recreation Department in accordance with Resolution
94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168, 2017-0822 and
2021-2049. The Department is now
submitting this agreement in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating Department
to the BCC as a receive and file agenda item. Countywide (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d)
5. Staff recommends motion to receive
and file: a fully executed State of Florida Coastal
Zone Management Program Grant Amendment No. 1 to Agreement No. CZ420 for ADA
improvements at Phil Foster Park extending the expiration date from December
30, 2022 until June 30, 2023. Summary:
On November 17, 2020, the Board of County Commissioners (BCC) ratified the
Mayor’s signature on a Florida Coastal Partnership Initiative grant application
(R2020-1731) which requested $25,000 for ADA improvements at Phil Foster Park.
The BCC also authorized the County Administrator or designee to execute the
Project Agreement (DEP Agreement No. CZ420) and other standard state and/or
federal grant forms related to this project if the grant was approved. This grant was executed by the Director of
Parks and Recreation, and submitted to the BCC to receive and file and
established budget on September 14, 2021 (R2021-1262). On July 12, 2022, the BCC approved a
six-month time extension (R2022-0714) from June 30, 2022 to December 30,
2022. The project includes a rollout accessibility mat and five beach
wheelchairs. Due to the difficulty in acquiring the beach wheelchairs, a second
six-month extension was requested. The Florida Department of
Environmental Protection approved a second six month time extension from
December 30, 2022 to June 30, 2023. The Amendment has been executed by the
Director of the Parks and Recreation. The
Department is now submitting this Amendment 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 7 (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d)
6. Staff recommends motion to:
A) ratify the signature of the Mayor on a
Land and Water Conservation Fund (LWCF) grant application submitted to the
State of Florida Department of Environmental Protection (FDEP) signed on
January 20, 2023, requesting $1.5 M to fund 50% of construction costs
associated with the Villages of Windsor Phase One Park Development Project;
B) authorize the County Administrator or designee to execute the
grant agreement and all future time extensions, task assignments,
certifications, standard forms, or amendments to the Agreement that do not
change the terms and conditions of the Agreement if the grant is approved; and
C) authorize the Director of the Parks and Recreation Department
to serve as Liaison Agent and the County Administrator’s designee with FDEP for
this project.
Summary: This grant application requests $1.5 M in
LWCF funding for the Villages of Windsor Phase One Park Development
Project. Phase One grant project elements include a new five-pen
dog park, an exercise trail with fitness stations around the lake, picnic
facilities, a canoe/kayak launch, an ADA accessible restroom, paved parking,
lighting, landscaping and associated infrastructure. The grant request is
for $1.5 M and requires a $1.5 M (50%) match, which will be funded from the
Department’s Zone 2 Impact Fees. The State’s time frame for this
application did not allow for prior approval by the Board. In order to meet the
grant application deadline, the Mayor signed the application on behalf of the
Board as authorized by the Palm Beach County Administrative Code, Section
309.00. This Code requires that the grant be presented to the Board for
ratification at the next available Board meeting after signature by the Mayor. If
the grant is awarded, the County is expected to receive a grant contract in the
fall of 2023 and have three years to complete the project. If the grant is awarded, the grant requires
the project adhere to the Build America/Buy America Act, as well as a Notice
of Limitation of Use to be recorded in public records limiting the project site
to outdoor recreation in perpetuity at the completion
of the project. District 6 (AH)
MARCH 14, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d)
7. Staff recommends motion to approve: a Memorandum of Agreement with the Children’s Services Council of Palm Beach County (CSC) providing funding in an amount not to exceed $10,000 for processing fees associated with lifeguarding and water safety instructor certification courses taught by Parks and Recreation Certified Lifeguard Instructors for the period of March 14, 2023 through September 30, 2023. Summary: The Parks and Recreation Department’s Aquatics Division provides lifeguarding and water safety certification courses to the public. The 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 $10,000 within 30 days of receipt of written request for funds as outlined in the Agreement. This agreement requires the County to provide a minimum of one lifeguarding certification course every month and one water safety instructor course bi-monthly, through September 30, 2023. Countywide (AH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
P. COOPERATIVE EXTENSION SERVICE
1. Staff
recommends motion to approve: (A) appointment; and (B)
reappointment of the following individuals to the Agricultural Enhancement
Council for the term of March 14, 2023 to March 13, 2026.
(A) Appointment
Name Category,
Seat Number Expire
Richard Sanchez Sugarcane
Industry, Seat 3 03/13/26
Brandon Balch Plant
Nursery Industry, Seat 5 03/13/26
(B) Reappointment
Name Category,
Seat Number Expire
Rick Roth Ag
Producer Outside the Ag Reserve, Seat 2 03/13/26
Krista Erickson Erickson
Farm, Inc., Financial, Seat 4 03/13/26
Stephen Basore Agricultural
Value-Added Industry, Seat 6 03/13/26
John Taylor Agricultural
Support Industry, Seat 7 03/13/26
William Eric Hopkins EAA
Vegetable Grower, Seat 8 03/13/26
Richard Faver Equine
Industry, Seat 9 03/13/26
Summary: Based on
Resolution No. R2014-0303, nine members are nominated by either specific
agricultural enterprises or by the Palm Beach County Extension Department to
represent a cross section of agricultural related entities on the Agricultural
Enhancement Council (AEC). Eight
nominations are being submitted at this time for approval by the Board of
County Commissioners. There will be one
vacancy on the AEC if all eight members are approved. If approved, the diversity count will be
Caucasian: 7(87.5%), Hispanic: 1 (12.5%).
The gender ratio (male:female) is 7:1.
New member appointments include Richard Sanchez (Hispanic male) and
Brandon Balch (Caucasian male). Staff is
actively seeking to increase diversity on this board. Countywide (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff
recommends motion to: receive and file: the sixth amendment to the Interlocal Agreement
(R2018-0099) between Palm Beach County (County) and the Public Defender’s
Office of the Fifteenth Judicial Circuit (Public Defender) to add outcomes and
extend the term of the Agreement from December 31, 2022 to September 30, 2023. Summary: The sixth amendment to the Interlocal
Agreement with the Public Defender extends the funding period for continued
community-based services in facilitating the pretrial release of inmates from
jail. On January 23, 2018, the Palm Beach County Board of County Commissioners
delegated signature authority to the County Administrator or designee to
execute amendments related to said Interlocal Agreement. 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. Countywide
(HH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (cont’d)
2. Staff
recommends motion to receive and file: the first amendment
to the Interlocal Agreement with Florida State University, College of
Criminology and Criminal Justice (FSU) (R2022-0565) to perform research and
evaluation of the efficacy of Pretrial changes intended to reduce jail
population and the first appearance frequent utilizer's project, increasing the
Agreement amount by $242,629 for a not to exceed amount of $309,879, and
extending the term of the Agreement through December 31, 2024. Summary:
On September 1, 2021, the County, through its Criminal Justice Commission
(CJC), executed a Memorandum of Understanding (MOU) with FSU to collaborate on
policy/practice relevant research. The Interlocal Agreement with FSU supports
this MOU. FSU is providing research and evaluation services to the County’s CJC
in support of its ongoing commitment to the MacArthur Foundation’s Safety and
Justice Challenge (SJC). The key objectives of the SJC are to: 1) safely reduce
jail populations; and 2) address racial and ethnic disparities. On June 7, 2022,
the Palm Beach County Board of County Commissioners delegated signature
authority to the County Administrator or designee to execute amendments related
to said Interlocal Agreement. In accordance with County PPM CW-O-051, all
delegated contracts, agreements, and grants must be submitted by the initiating
department as a receive and file agenda item.
No county match is required. Countywide
(HH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (cont’d)
3. Staff
recommends motion to approve:
A) appointment of five new members to the
Criminal Justice Commission for the period March 14, 2023 to December 31, 2025;
and
|
Appoint Nominee |
Seat No. |
Term to Expire |
Nominated By: |
|
Earnie Ellison |
22 |
12/31/2025 |
Economic Council |
|
Michelle Suskauer |
23 |
12/31/2025 |
Economic Council |
|
Julia Dattolo |
25 |
12/31/2025 |
Economic Council |
|
Darcy Davis |
28 |
12/31/2025 |
Economic Council |
|
|
|
|
|
B) reappointment of two current
members to the Criminal Justice
Commission for the period March 14, 2023
to December 31, 2025.
|
Re-Appointment Nominee |
Seat No. |
Term to Expire |
Nominated By: |
|
Lauren Whetstone |
26 |
12/31/2025 |
Economic Council |
|
Rachel Docekal |
31 |
12/31/2025 |
Economic Council |
SUMMARY: The Criminal Justice Commission (CJC) is
comprised of 32 members; 21 public sector members representing local, state,
and federal criminal
justice and governmental agencies; 10 private
sector business leaders representing and nominated for three-year terms by the
Economic Council of Palm Beach County, Inc. (Council) and appointed by the Board of
County Commissioners (BCC); and one private sector member representing the clergy is nominated for a three-year term by a variety of clergy
associations in the County representing a broad-range of faiths, and appointed by the BCC. The Board has 32 seats; 31 seats currently filled and a diversity count of Caucasian: 24 (71%), and African-American: 7 (26%).
The gender ratio (female: male) is 9:22. The seven nominees include
five Caucasian females, one Caucasian male and one African-American male. Countywide (HH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (cont’d)
4. Staff recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County,
Florida, repealing and replacing Resolution No. R91-1485, as amended,
establishing the Public Safety Coordinating Council (PSCC) pursuant to section
951.26, Florida Statutes; designating the PSCC as the criminal justice, mental
health, and substance abuse planning council pursuant to Section 394.657,
Florida Statutes; providing for purpose; providing for membership and terms;
providing for officers; providing for sunshine law and codes of ethics;
providing for meetings; and providing for effective date. Summary: The Palm Beach County
Board of County Commissioners (BCC) created the predecessor to the PSCC in
1991, (Resolution R91-1485), and subsequently amended the resolution to conform
the terms of the resolution to Section 951.26, Florida Statutes. This resolution updates the 1991 Resolution
and its amendments, and designates the PSCC as the criminal justice, mental
health, and substance abuse planning council required by Section 394.657,
Florida Statutes. Additional members required by Section 394.657, Florida
Statutes, have been added to the PSCC. Countywide (HH)
S. FIRE RESCUE
1.
Staff
recommends motion to receive and file:
A) lease
agreement for the Use of School Facilities with the School Board of Palm Beach
County, for Fire Rescue testing
(Wellington High), on November 18-19, 2022,
and;
B) lease
agreement for Use of School Facilities with the School Board of Palm Beach
County, for Fire Rescue testing (Wellington High), on January 20-21, 2023.
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 lease agreements have been fully executed on behalf of the Board of
County Commissioners (Board) by the Fire Rescue Administrator, in accordance
with a delegation of authority from the Board (R2017-1072) through the County
Administrator. These executed documents are now being submitted to the Board to
receive and file. Countywide (SB)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
S. FIRE RESCUE
(cont’d)
2. Staff recommends motion to receive and
file: a copy of municipal ordinance No. 12-22
of the Town of Jupiter (Town), extending the Town’s participation in the
Jupiter Municipal Services Taxing Unit (MSTU) through December 31, 2027,
subject to an annual renewal. SUMMARY:
the County has provided fire rescue services to the Town as part of the Jupiter
MSTU since 1997. The Town has adopted Ordinance No. 12-22 to extend their
participation through December 31, 2027 to fund fire-rescue services by the
County through 7:30 a.m. on October 1, 2028. The Town Ordinance is now being
submitted to the Board of County Commissioners to receive and file. Countywide (SB)
3. Staff recommends motion to approve:
A) a State-Funded
Grant Agreement Urban Search and Rescue (US&R) Grant with the State of
Florida, Division of Emergency Management, in the amount of $12,000
retroactively for the period of July 1, 2022 through June 30, 2023; and
B) a budget amendment
of $12,000 within the Fire/Rescue MSTU Fund to recognize the grant award for
FY2023, and establish a budget for the approved grant.
Summary: The intent of this grant agreement is to
sustain the Statewide US&R capabilities to prepare for and respond to
disasters throughout the State of Florida by providing funding in support of
the Florida US&R and Light Technical
Rescue Teams. The County must comply with all terms, conditions,
certifications, assurances and other requirements of the Agreement. This
grant award equals a total grant project cost of $12,000 and does not require a
County match. Countywide (SB)
4. Staff recommends motion to adopt:
a Resolution of the Board of County Commissioners of Palm Beach
County, Florida, authorizing the conveyance and transfer of title of an
Advanced Life Support rescue (Apparatus) (Asset 10196870), to the Sheriff of
Palm Beach County, Florida, (Sheriff) pursuant to Section 125.38, Florida
Statutes, contingent upon receipt of $10 consideration and a duly executed
Acceptance of Fire Rescue Vehicle(s) and/or Equipment Form; and providing for
an effective date. Summary: The Sheriff currently has a Reserve and
Auxiliary Officer (RAO) unit operated by volunteer deputies who support the
community from road patrol operations to community events. The Apparatus will
be used for mobile command post, quick response with equipment to countywide
operations and recruiting new deputies in support of the RAO unit. The asset
being transferred is not needed for County purposes and has a de Minimis useful
value to the Fire/Rescue MSTU. The
suggested minimum bid value of the asset is $26,456, with a depreciated value
of $12,952.51. Countywide (SB)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
S. FIRE RESCUE
(cont’d)
5. Staff recommends motion to ratify:
A) a FY 2022 Assistance to Firefighters Grant (AFG) application electronically submitted
to the U.S. Department of Homeland Security’s (DHS) Federal Emergency
Management Agency (FEMA) on February 9, 2023, requesting $780,000 to fund 90%
of the purchase of a 450 Liquid CO2 Extractor machine, for a term beginning
twenty four months from the date of award; and
B) the designation of the County Administrator
or designee to act as the County’s representative for the purpose of
electronically signing and submitting the FY 2022 AFG grant application, including Assurances and Certifications via
the DHS FEMA website.
Summary: This grant application requests $780,000
from DHS FEMA for the purchase of a 450 Liquid CO2 Extractor machine that
removes 99% of the 10 target contaminants from firefighter bunker gear after a
fire. The total project cost identified in the grant application is $858,000. The required match for this grant is $78,000
(10% of the federal share), which will be funded from Fire Rescue’s contingency
reserve. If awarded, the grant will provide funding for the cost of the
machine ($458,000), installation ($200,000) and two years of maintenance
($100,000 yearly). The machine will provide immeasurable benefits to the health
and safety of our firefighters, as it helps reduce the risk of cancer and other
adverse effects caused by exposure to products of combustion. Due to the
preparation time, submittal deadlines, and BCC meeting dates, the grant
application had to be submitted prior to full Board approval. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends motion to approve: the AT&T Special Service Arrangement
Agreement to purchase and install 61 Vesta Call-Taker Work supplementing the
existing equipment and software associated with the County’s NextGeneration 911
(NG911) and Public Safety Answering Point systems for a one-time cost of
$1,884,585 and a revised recurring annual cost of $254,400. SUMMARY: The standalone Special Services Arrangement
Agreement will enable the County’s Public Safety, 911 Division, to continue the
modernization and enhancement of of the call-takers ability to better serve the
citizens of Palm Beach County. The costs
associated with this installation includes a one-time cost of $1,884,585 as
well as an annual fee of $254,400 and is available in the Public Safety
Emergency Communications Number "E-911" FS365.172 fund. Countywide (DB)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends motion to:
A) approve a
standard 9-1-1 Public Safety Answering
Point (PSAP) “Agreement for the Installation, Operation and Maintenance of the
9-1-1 Emergency Call Handling System” template to be executed with the
municipalities within Palm Beach County operating a primary PSAP on the
County’s Next Generation 9-1-1 network; and
B) authorize the County
Administrator or designee to execute the agreements, non-material amendments,
administrative documents and renewals associated with these standard
agreements, on behalf of the Board of County Commissioners, after approval of
legal sufficiency by the County Attorney’s Office, and within budgeted
allocations.
Summary: The
Public Safety Department’s Division of 911 Program Services provides the 9-1-1
Call Handling System and Equipment to the PSAPs and is responsible for its
maintenance. The PSAPs provide the call
takers and personnel to answer the 9-1-1 calls and dispatch the proper
emergency response to the incident. The
attached template agreement would replace the existing agreements for 9-1-1
equipment and maintenance. The current
agreements were approved in August 1992 (R92-1154D thru R92-1174D); the term
was for one year with automatic renewals and no expiration date. New agreements are being proposed to account
for system moves, additions and/or changes. These agreements will be enacted
with a five-year term and three one-year renewals upon agreement of the
parties. This will ensure the terms remain current and reflect the status and
requirements of the PBC 9-1-1 system and the Florida State E911 Plan. The agreement outlines the responsibilities
of the County and the municipalities to ensure the efficient operation of the
system and equipment compliance with the Florida State E911 Plan. There is no fiscal impact associated with
these agreements. Currently, there are
thirteen (13) primary PSAPs in Palm Beach County. Twelve (12) of the PSAPs are
operated by municipalities. These PSAPs
are located in: Cities of Atlantis, Boca Raton, Boynton Beach, Delray Beach,
Palm Beach Gardens, Riviera Beach and West Palm Beach; Towns of Lantana,
Manalapan, Ocean Ridge and Palm Beach; and Village of Palm Springs. The
remaining primary PSAP is operated by Palm Beach County Sheriff’s Office. As part of each agreement, there will be an
Exhibit A, which will include a list of current call handling equipment
provided to each PSAP, which may need to be modified upon agreement of the
contract monitors from time to time for items such as technology upgrades,
equipment replacement, etc. Countywide (SB)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d)
2. Staff recommends motion to approve: the
Federally Funded Subaward and Grant Agreement for DR-4673-Hurricane Ian (Agreement
Number: Z3452) (the Agreement) with the State of Florida, Division of Emergency
Management (FDEM) to authorize projects related to Hurricane Ian and for
reimbursement for eligible project expenses. SUMMARY: On September 29, 2022, the President of the
United States issued a major disaster declaration designated “FEMA-4673-DR” for
the State of Florida as a result of Hurricane Ian authorizing Public Assistance
(PA) funding for eligible Florida Counties. PA is a federal grant to aid state
and local governments in returning a disaster area to pre-disaster conditions. On October 4, 2022, FEMA-4673-DR was
amended to authorize Federal funds for debris removal and emergency protective
measures, including direct Federal assistance, under the PA program at
100%. Therefore, the federal share of the
eligible costs under this Agreement is 100%.
Expenses associated with Hurricane Ian and eligible for reimbursement
were projected at $1,048,449.41 which included force account labor, equipment,
and material. Assistance Listing Number
(Formerly CFDA Number: 97.036). No matching funds are required. Countywide
(DB)
3. Staff recommends motion to: receive and file: an extension to the Memorandum of Agreement (MOA) with the City of Miami (R2021-1443) for the Urban Area Security Initiative (UASI) GY 2020 agreement #R0232 in the amount of $465,726 extending the grant period through February 28, 2023 in order to complete emergency management planning projects totaling $320,226. SUMMARY: The City of Miami offered an extension on the original MOA, which expired June 30, 2022. Amendments to the original MOA were needed to effectively spend the funds. However, delays in the amendment approval process warranted Miami offering the extension. The original MOA (CFDA # 97.067) provides a means of funding various domestic security activities within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent. The incomplete projects included an award to Palm Beach County to conduct Cybersecurity Threat Intelligence Management; an award for Deployable FORT sustainment; and an award for Patient Tracking Software. R2013-0622 gave the authority to the County Administrator, or designee, to execute these agreements on behalf of the Board of County Commission. No County matching funds are required. Countywide (DB)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d)
4. Staff recommends motion to approve: Memorandum of Agreement (Agreement) #A5261 with Florida Department of
Corrections (DOC) to provide advocacy services to incarcerated victims of
sexual assault for a five year term beginning March 14, 2023 through January 9,
2028 with no financial obligations. SUMMARY:
DOC is a state agency that operates five correction facilities in Palm Beach
County to include a prison, release center, and reentry sites. In order to comply with the Prison Rape
Elimination Act (PREA) standards, in 2017, DOC executed an agreement with the Department
of Public Safety Division of Victim Services (R2017-0107) for advocacy services
and crisis intervention to incarcerated victims of sexual assault. In 2019,
pursuant to the original agreement, DOC exercised its final three year renewal
option with an expiration date of January 9, 2023 (R2019-1808). DOC is seeking to execute a new agreement with
DVS to outline the respective duties, responsibilities, policies and procedures
that will be undertaken by DOC and the County when providing sexual assault
services. The Agreement addresses notification, access procedures, provision of
service, confidentiality, logistical and security needs of the County. The
Agreement aligns with the PREA standards established by the U.S. Department of
Justice, best practices in the field of sexual assault victim services and is
commensurate with sexual assault services available to the community at large. Countywide
(RS)
5. Staff
recommends motion to approve: contract
with Choice to Change (C2C), a not-for-profit corporation, to provide community
service assistance and restitution sponsorship services to eligible youth
reentry participants for the period of March 14, 2023, through September 30,
2023 in an amount not to exceed $24,021. SUMMARY:
The Public Safety Department’s Youth Reentry Program under their Justice
Services Division provides critical services to juvenile-justice involved youth
returning to the community from incarceration. Youth reentry services are
comprised of targeted case management, certified peer support, support
services, and partnerships with community partners to create a continuum of
coordinated care across systems and providers.
As part of support services, C2C will 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. C2C’s program will
help build skills, strengths, and competencies that positively impact the
youth’s criminogenic risk and needs. Countywide
(RS)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends motion to approve: renewal of the excess property, excess
liability, excess workers’ compensation insurance programs, and ancillary
policies for the period April 1, 2023 through March 31, 2024 purchased under
Contract No. 21-040DP through the County’s contracted broker, Risk Management
Associates, Inc. (aka Brown & Brown), at a total cost not-to-exceed
$16,595,820. Summary: The
projected 2023-2024 excess insurance program renewal premiums reflect a total
not-to-exceed cost of $16,595,820 which is approximately a 36% overall increase
over the expiring total premium of $12,203,040.
While last year’s renewal yielded significant coverage enhancements and
modest premium savings, market conditions in property insurance have hardened
dramatically due to numerous large losses in both the excess and re-insurance
markets. These losses, accompanied with the inability to obtain solid yields on
their investments, have resulted in increased premiums, scaled back writing
capacity and in some cases, limited carrier participation in certain markets.
Risk Management, in conjunction with our Broker has aggressively marketed our
program to over 140 global insurance companies to ensure we secure the best
available rates in this difficult market. This included meeting (either
in-person or virtually) with underwriters for most of our 31 separate property
insurers. This allowed us to explain in detail what separates Palm Beach County
from other risks they may insure. Discussions included our loss history, the
quality of our building codes and structures, our 5-year plan for re-appraising
all County buildings, our commitment to capital improvements, and our
comprehensive disaster management program.
The County’s total insurable property value currently stands at just
over $2.7 billion. The program also
includes $5 million of excess liability insurance, subject to a $500,000
Self-Insured Retention. Excess workers’ compensation insurance is included
covering all costs in excess of $2.25 million per occurrence. All state-mandated surcharges and assessments
are included within the estimated renewal cost. Sufficient funds are budgeted and
are available for this coverage. Countywide (HH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
AA. PALM TRAN
1. Staff
recommends motion to:
A) approve the Fiscal Year 2023
Certifications and Assurances (C&As) to the Federal Transit Administration
(FTA); and
B)
authorize the County Administrator or designee to
electronically execute and file the required Certifications and Assurances on
behalf of the Board of County Commissioners (BCC) and to bind the BCC’s
compliance with the Certifications and Assurances.
Summary: On January 27, 2023, the FTA
released the FY2023 list of C&As. The annual list covers certifications
such as Lobbying, Alcohol and Controlled Substances Testing, Seniors and
Individuals with Disabilities Programs, Non-Discrimination, Disadvantaged
Business Enterprises, Hiring Preferences, Public Transportation Agency Safety
Plans and most and most recently, The Emergency Relief Program. The FTA requires grantees to submit C&As within
90 days of publication to signify the County’s commitment to comply with
requirements applicable to any FTA award the County pursues during FY2023. The
FTA also requires an affirmation from the applicant's attorney that the
applicant has authority to make and comply with the Assurances. This document
does not allocate any funding and there is no cost to the County. Countywide
(MM)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
BB. YOUTH SERVICES
1.
Staff recommends motion to ratify: the Mayor’s delegation of authority to Tammy K. Fields, Director of
Youth Services to sign/submit an Application for Award (Application) with the
National Institutes of Health (NIH) for the Other Transactions Research
Opportunity Announcement Number, OTA-22-007, titled Community Partnerships to
Advance Science for Society Program: Community-Led, Health Equity Structural
Intervention Initiative for the period September 30, 2023, through September
29, 2033, in an amount not to exceed $12 Million. Summary: In December 2022, the NIH invited the
Youth Services Department (YSD) to submit a full application based on a Letter
of Intent submitted in November. The award is not to exceed $12M, over a
10-year period (September 2023 through September 2033), and does not require a
County match. YSD will work in
partnership with Center for Child Counseling, Inc., and Florida State
University as the research partner and collaborate with many local
organizations and state agencies. The
Application, entitled Building a Resilient Palm Beach County by Enhancing
Systems Network to Reduce Mental Health Stigma and Barriers to Mental Wellness,
was electronically submitted on February 1, 2023. The goal is to identify and leverage
community collaborations to enhance the existing system for building resiliency
in children and their parents to mitigate the effects of toxic stress and
trauma before they develop into a crisis or damaging behaviors (i.e., substance
misuse, mental conditions, co-morbid medical conditions, criminal behavior or
risky behaviors). In January, the Mayor delegated authority for purposes of
signing/submitting the electronic application. Countywide (HH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement
from the State of Florida Department of Transportation for the Palm Beach
County Sheriff’s Office, Palm Beach County Speed and Aggressive Driving
Strategy project, in the amount of $200,000, for the period of January 18, 2023
through September 30, 2023; and
B) approve a budget amendment of $200,000, increasing the Sheriff’s Grants fund.
SUMMARY: On January 18,
2023, the Florida Department of Transportation awarded a grant to the Palm
Beach County Sheriff’s Office in the amount of $200,000 to support a Speed and
Aggressive Driving Strategy project in Palm Beach County. Funds will be used to support overtime costs
associated with the project. The Catalog of Federal Domestic Assistance (CFDA) number
is 20.600, the project number is SC-2023-00279, and the DOT Contract number is
G2E04. There is no match
requirement associated with this award. Countywide (RS)
2. Staff recommends motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement
from the State of Florida Department of Transportation for the Palm Beach
County Sheriff’s Office, Palm Beach County Occupant Protection Program project,
in the amount of $200,000, for the period of February 2, 2023 through September
30, 2023; and
B) approve a budget amendment of $200,000, increasing the Sheriff’s Grants fund.
SUMMARY: On February 2,
2023, the Florida Department of Transportation awarded a grant to the Palm
Beach County Sheriff’s Office in the amount of $200,000 to support an Occupant
Protection Program project in Palm Beach County. Funds will be used to support overtime costs
associated with the project. There is no match requirement associated with
this award. The Catalog of Federal Domestic Assistance (CFDA) number is 20.600, the
project number is OP-2023-00356,
and the DOT Contract number is G2G41. Countywide (RS)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
CC. SHERIFF (cont’d)
3. Staff recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Federally Funded Sub-Award & Grant Agreement for a FY22
State Homeland Security Grant in the amount of $916,000, for the period of
February 1, 2023 through March 31, 2024; and
B) approve a budget
amendment in the amount of $916,000 in the Sheriff’s Grant Fund.
SUMMARY: On February 1,
2023, the Palm Beach County Sheriff’s Office (PBSO) received a FY22 State
Homeland Security Grant Program (SHSGP) award from the State of Florida, Division of Emergency
Management. These funds will be used for specialty team equipment, training and
intelligence and information sharing initiatives. 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 R0569. Countywide (RS)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
CC. SHERIFF (cont’d)
4. Staff recommends motion to approve: a budget transfer of $704,500 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Section 932.7055(5), Florida Statutes; provides that the seizing
agency shall use Forfeiture proceeds for school resource officer, crime
prevention, safe neighborhood, drug abuse education and prevention programs, or
for other law enforcement purposes, which include defraying the cost of
protracted or complex investigations, providing additional equipment or
expertise, purchasing automated external defibrillators, and providing matching
grant funds. Section 932.7055(5), Florida
Statutes; also requires that no less than 25% of the LETF’s previous year’s
revenues be used for the support or operation of drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood and school
resource officer programs of various non-profit organizations. The PBSO’s FY
2023 donation requirement is $230,119. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime throughout
the communities it serves and its desire to put money back into these
communities to support organizations that provide such services. The year-to-date transfer for all donations to
outside organizations after approval of this item is $1,140,034. The funds requested are to aid PBSO and
qualified organizations that meet the requirements set forth in Section 932.7055(5), Florida Statutes.
Use of LETF requires approval by the Board, upon request of the Sheriff. The current State LETF balance is $2,218,969.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,514,469. The PBSO certifies that the use of
these funds is in accordance with Section
932.7055(5), Florida Statutes.
Below is a table indicating the organizations the PBSO seeks to fund and
the corresponding amount of funding proposed per respective organization or
agency. No new positions are needed and
no additional County funds are required.
Countywide (RS)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
CC. SHERIFF (cont’d)
4. SUMMARY: (cont’d)
|
ORGANIZATION |
AMOUNT |
|
Alpha Educational Foundation |
$25,000 |
|
Bella's Angels |
$25,000 |
|
Big Dog Ranch Rescue - Veteran's Program* |
$250,000 |
|
Boca West Community Charitable Foundation |
$33,000 |
|
Center for Child Counseling |
$10,000 |
|
Child Protection Team |
$15,000 |
|
Children's Case Management Organization |
$7,500 |
|
Choice to Change |
$10,000 |
|
Cultural Council of Palm Beach County |
$10,000 |
|
Elizabeth Faulk Foundation |
$20,000 |
|
Faith's Place Center for Arts Education |
$50,000 |
|
Florida Outreach for the Blind |
$5,000 |
|
Habitat for Humanity South Palm Beach |
$15,000 |
|
Hands Together for Haitians |
$10,000 |
|
Hanley Foundation |
$5,000 |
|
Junior Achievement |
$10,000 |
|
KidSafe Foundation |
$5,000 |
|
New Hope Charities |
$25,000 |
|
Operation Restore |
$10,000 |
|
Palm Beach County PAL Summer Basketball |
$25,000 |
|
Palm Beach County PAL Tutoring Program |
$15,000 |
|
Palm Beach County PAL Youth Summit |
$15,000 |
|
PBCSF - Youth Scholarships |
$25,000 |
|
Safety Council of PBC Baby in Back |
$4,000 |
|
Urban League of Palm Beach County |
$50,000 |
|
YMCA of the Palm Beaches |
$15,000 |
|
YMCA South Palm Beach County |
$15,000 |
|
|
|
|
Total Amount |
$704,500 |
* NOTE: In keeping with the Agency’s continued focus on
mental health and wellness, PBSO is partnering with Big Dog Ranch Rescue and
their Veteran Dog Training Program. At no cost to veterans, this
community based initiative provides a second chance for rescue dogs, matching
them up with military veterans who can benefit from having a trained service
dog in their lives to help mitigate physical and mental disabilities, such as
PTSD. This proactive program, classified by the Veterans Administration
as a “Non-Traditional and Innovative” therapy, aims to reduce suicide rates in
our Veteran population.
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
CC. SHERIFF (cont’d)
5. Staff recommends motion to:
A) receive and file Grant Modification #2 with the Office of National
Drug Control Policy to provide supplemental funds in the amount of $22,621 for
the Palm Beach County Sheriff’s
Office; and
B) approve a budget
amendment of $22,621 in the Sheriff’s Grant Fund.
SUMMARY: On June 14, 2022,
the Board of County Commissioners (BCC) approved a grant award from the Office of National Drug Control Policy in
the amount of $129,545 for the period of January 1, 2022 through December 31,
2023 (R2022-0613), to support the Palm Beach County Narcotics Task Force. On December 20, 2022, the BCC approved
supplemental funds in the amount of $50,176.28 (R2022-1550). This agenda item will provide an additional
$22,621 in grants funds for the PBCNTF, which brings the total grant award to
$202,342.28. There is no match
requirement associated with this award. The Catalog of Federal
Domestic Assistance number is 95.001 and the contract number is
G22MI0011A. Countywide (RS)
DD. EQUAL OPPORTUNITY
1. Staff
recommends motion to approve:
appointment of one at-large member
to the Fair Housing/Equal Employment (FH/EE) Board for a three-year term
effective on March 14, 2023 through September 30, 2026.
Nominee Seat
No. Requirement Nominated By Term
Michael Gore 8 PBC Resident Commissioner Bernard 3/14/23-9/30/26
Summary: The FH/EE board is comprised of nine (9) members, consisting of
seven district appointments and two at-large members. Following the resignation
of at-large appointee Eric Malkin, Michael Gore submitted an application and
nominations were requested in a January 5, 2023 memo to the Board of County
Commissioners. The FH/EE board serves as a quasi-judicial body empowered to
hear and decide upon the merits of employment and housing discrimination
complaints investigated by the Office of Equal Opportunity. Five of the board’s
nine seats are currently filled with a diversity count of Caucasian: 3 (60%),
African American: 2 (40%) and Hispanic: 0 (0%). The gender ratio (female: male)
is: 0:5. This nominee is a Caucasian male. Countywide (DO)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
DD. EQUAL OPPORTUNITY
2. Staff
recommends motion to ratify:
the Mayor’s signature
on the Cooperative Agreement Amendment with the U.S. Department of Housing and
Urban Development (HUD) in the amount of $3,500 for the performance period of
October 1, 2021 through September 30, 2022. Summary: The U.S. Department of Housing and Urban
Development (HUD), Office of Fair Housing and Equal Opportunity, previously
awarded the Office of Equal Opportunity (OEO) a total of $22,440 to help
facilitate the agency’s efforts to train its fair housing enforcement
personnel. The performance period began on October 1, 2021 and ended September
30, 2022. On December 6, 2022, OEO notified HUD that it only incurred $3,500 in
training costs for the performance period. This reduction in training expenses
was due to the unavailability of in-person fair housing training programs as a
result of the COVID-19 pandemic and/or availability of free fair housing
webinars that did not require the use of per diem travel funds. On December 29,
2022, OEO vouchered for the $3,500 training funds and HUD notified OEO that it
will proceed with deobligation of the remaining balance of $18,940 which was
not spent during the performance period. The emergency signature process was
utilized because there was insufficient time to submit this item through the
regular Board of County Commissioners agenda process and meet HUD’s deadline. Countywide
(DO)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
EE. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends motion to receive and file: two fully executed Palm Beach County FY2023, 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) Championship Tournaments, LLC., for the promotion
of the Development Player League, (DPL) Winter
Showcase, held from January 5 – 8, 2023 for the term October 5, 2022 –
April 8, 2023. This grantee was approved by the TDC on November 16, 2022, in the
amount of $50,000; and
B) Equestrian Sport
Production, LLC, for the promotion
of the Winter Equestrian Festival, held from January 4 – April 2, 2023, for
the term July 4, 2022 – July 2, 2023.
This grantee was approved by the TDC on November 16, 2022, in the amount
of $125,000.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/ agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. On June 7, 1994, the Board of County Commissioners 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 for Championship
Tournaments, LLC/ Development Player League (DPL) Winter Showcase were 5,000
and room nights generated for Equestrian Sport Production, LLC/Winter
Equestrian Festival are estimated at 85,000. Districts 1, 6 & 7
(YBH)
2. Staff recommends motion to receive and
file: a fully executed Palm Beach
County FY2023, 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 the Equestrian Holiday & Horses Circuit, held from
November 30 – December 31, 2022. The term of this agreement is August 30, 2022
– April 30, 2023. This grantee was
approved by the TDC on September 12, 2022, in the amount of $20,000. SUMMARY: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. On June 7,
1994, the Board of County Commissioners 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. This grant agreement generated 25,375 room
nights. District 6 (YBH)
MARCH 14, 2023
3. CONSENT AGENDA APPROVAL
EE. TOURIST DEVELOPMENT COUNCIL (cont’d)
3. Staff recommends motion to receive and
file: two fully executed Palm Beach
County FY2023, 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) Maureen Connolly
Brinker Tennis Foundation, Inc., for the promotion of the “Little Mo”
Internationals in Florida, held from December 2 - 7, 2022, for the term August
2, 2022 – April 7, 2023. This grantee was approved by the TDC on September 12,
2022, in the amount of $12,500; and
B) Palm Beaches
Marathon, LLC, for the promotion of the Garden of Life Palm Beaches Marathon,
held from December 10 – 11, 2022, for the term August 10, 2022 – April 11,
2023. This grantee was approved by the
TDC on September 12, 2022, in the amount of $15,000.
SUMMARY: In accordance with County
PPM CW-O-051, all delegated contracts/ agreements/grants must be submitted by the
initiating Department as a receive and file agenda item. On June 7, 1994, the
Board of County Commissioners 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 for Maureen Conolly Brinker Tennis
Foundation, Inc./”Little Mo” Internationals in Florida were 1714 and room
nights generated for Palm Beaches Marathon, LLC/Garden of Life Palm Beaches
Marathon were 1892. Districts 1 & 7 (YBH)
4. Staff
recommends motion to receive and file: a fully executed Palm Beach
County FY2023, Category “G” Grant Agreement with the Palm Beach County Sports
Commission, Inc., for the promotion of the Holiday Basketball Classic of the
Palm Beaches, held from December 27 – 30, 2022. The term of this agreement is
September 27, 2022 – March 30, 2023.
This grantee was approved by the TDC on September 8, 2022, in the amount
of $15,000. SUMMARY: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. On June 7,
1994, the Board of County Commissioners 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. This grant agreement generated 870 room nights. District
1 (YBH)
* * * * * * * * * * * *
MARCH 14, 2023
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Presentation
of the International Maintenance Conference Award to the Palm Beach County Water
Utilities Department
B) Proclamation
declaring March 20-24, 2023 as Government Finance Professionals Week in Palm
Beach County (District 1)
C) Certificate
of Recognition Palm Tran’s Most Frequent Riders (District 7)
D) Proclamation
declaring March 2023 as Florida Bicycle Month in Palm Beach County (District 1)
E) Certificate
of Recognition to Kitty Lundan (District 7)
F) Proclamation
declaring March 6-10, 2023 as Flood Awareness Week in Palm Beach County
(District 2)
G) Proclamation
recognizing the 50th Anniversary of the Palm Beach County Chapter of
the National Organization for Women in Palm Beach County (District 5)
H) Proclamation
declaring March 25-31, 2023 as National Farmworker Awareness Week in Palm
Beach County (District 2)
I) Proclamation
declaring April as Sexual Assault Awareness Month in Palm Beach County
(District 4)
J) Proclamation
declaring March 2023 as Women’s History Month in Palm Beach County (District 6)
K) Proclamation
declaring March 31, 2023 as The Lord’s Place SleepOut Homelessness Awareness
Day (District 4)
L) Proclamation
declaring March 21-27, 2023 as National Agricultural Week (District 6)
M) Proclamation declaring March 14, 2023 as Palm Beach County Fire Rescue Advanced
Life Support Team Day (District 5)
* * * * * * * * * * * *
MARCH 14, 2023
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ADMINISTRATION
1. Staff recommends motion to
adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, adding Chapter 29 to the Palm
Beach County code; prohibiting the unauthorized projections of signs onto
buildings, structures or other places; providing for severability; providing
for inclusion in the code; and providing for an effective date. SUMMARY:
At the request of the Board of County Commissioners at its February 7, 2023
Regular Meeting, this ordinance is being proposed for consideration and seeks
to add Chapter 29 to the Palm Beach County Code to prohibit projections of text, graphics, logos, or
artwork onto a building, structure or any other place (including public
spaces), regardless of the content or viewpoint expressed therein, without the
consent of the owner or person in control of the building. Violation of this ordinance is criminally
punishable by a fine in an amount exceeding $500, but not exceeding $2,000 a
day, if the county must have authority to punish a violation of that ordinance
by a fine in an amount greater than $500 in order for the county to carry out a
federally mandated program. Violation of
the ordinance is also subject to civil penalties pursuant to Section
162.09(2)(d), Florida Statutes. The Palm
Beach County Special Master may impose fines that shall not exceed $1,000 per
day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Palm Beach County
Special Master finds the violation to be irreparable or irreversible in nature.
This ordinance shall apply in unincorporated and incorporated areas of
Palm Beach County, subject to municipalities opting into the ordinance. A
similar ordinance was passed in Duval County, FL. This ordinance is
brought under the emergency enactment procedure in Section 125.66(3), Florida
Statutes, with a waiver of the notice requirements of Section 125.66(2), Florida
Statutes. The ordinance is anticipated
to curtail projections onto buildings without the consent of the owner, including
but not limited to hate speech, that constitutes a threat to the peace, good
order and harmonious coexistence of many with diverse backgrounds and beliefs
within Palm Beach County. Countywide (MM)
MARCH 14, 2023
5. PUBLIC HEARINGS – 9:30 A.M.
B. FINANCIAL
MANAGEMENT AND BUDGET
1. Staff recommends motion to
approve:
A) Resolution of the
Board of County Commissioners of Palm Beach County, Florida Approving Fiscal
Year 2023 Mid-Year Budget Amendments and Transfers; and
B) budget amendments and transfers in various funds
reflecting adjustments for balances brought forward, other revenues, reserves
and operating expenses. The total of the
adjustments is an increase of $201,655,924 in 168 funds.
SUMMARY: These
budget amendments and transfers are necessary to adjust FY 2023 budgets to
reflect differences between actual and estimated revenues and expenditures of
FY 2022. These amendments adjust the balances brought forward, various revenue,
expenditure, and reserve accounts to their audited balances. For the General Fund, this amendment results
in an increased fund balance of $54,336,624.
This adjustment is a result of:
·
$2,787,404
net increase in revenues, excess fees and commission refunds from
Constitutional Officers and Judicial: Sheriff’s Office $4,132,143, Clerk and
Comptroller $591,050, Supervisor of Elections ($3,108,160), Tax Collector
$172,059, Property Appraiser $848,080, Judicial $152,232;
·
$26,947,487
BCC department expenditures less than originally estimated and revenues higher
than originally estimated;
·
$989,567
in general government expenses higher than originally estimated and FAA
expenses less than originally estimated;
and
·
$23,723,890
in major and other revenues higher than estimated.
These proposed adjustments result in an increase of $53,481,415 in
General Fund reserves. FY 2023 budget
projections currently assume the additional fund balance will be used to
balance the annual budget. Countywide (DB)
* * * * * * * * * * * *
MARCH 14, 2023
A. FACILITIES
DEVELOPMENT AND OPERATIONS
1. Staff recommends motion to:
A) receive and file license agreement with Transit Village, LLC, dated
December 21, 2022, for use of County-owned property, commonly known as the
North County Block, for a period of 90 days, terminating on March 20, 2023; and
B) approve the First Amendment to license agreement for use of
County-Owned Property extending the term of the license agreement with Transit
Village, LLC until the premises are conveyed to University of Florida or
earlier termination in accordance with the terms of the license agreement.
SUMMARY: On August 14, 2012, the County entered into an
agreement for Purchase and Sale (R2012-1158, as amended thrice: R2018-0956;
R2020-0517; and R2021-1587; collectively referred to as PSA) with Transit
Village, LLC (TV) for the sale of a County-owned parcel of land at the
southeast corner of Banyan Boulevard and Clearwater Drive, which is the current
site of the County’s Intermodal Transit Center (ITC Property). Pursuant to the PSA, TV is to construct a
mixed-use development, including a parking garage on the ITC Property. The PSA
further states that, if requested by TV, and provided same is available for
use, the County shall provide TV a license agreement at no cost to use the
North County Block for temporary use during construction. On August 23, 2022,
the County entered into a Development and Conveyance Agreement (R2022-0891,
DCA) with the University of Florida (UF) for the North County Block for the
development and construction of the Urban Campus. At the time of approval of
the DCA, the Board of County Commissioners (Board) directed County Staff to
work with TV and UF towards facilitating a license agreement for temporary use
of the North County Block as temporary parking for Tri-Rail patrons and Palm
Tran employees. Because the North County Block is the subject of the DCA, UF's
consent to the License Agreement was required and obtained. The license agreement
is for a term of 90 days and was executed by the Director of Facilities
Development and Operations Department in accordance with authority delegated
under PPM# CW-L-023. The subject license
agreement expires on March 20, 2023.
Staff is seeking approval of the first amendment, which extends the term
of the license agreement until such time as the North County Block is conveyed
to UF pursuant to the DCA or earlier termination in accordance with the terms
of this license agreement. (Property and Real Estate Management) District 2 (HJF)
MARCH 14, 2023
6. REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS
2. Staff recommends motion to
approve:
A) an agreement for purchase and sale of two 1.3 acre parcels of vacant
land located north of Indiantown Road and east of Bee Line Highway from John
Joseph Erhart for $40,300 plus closing, title insurance and recording costs
estimated to be $550;
B) a Memorandum
of Agreement with John Joseph Erhart;
C) an agreement
for purchase and sale of a 1.3 acre parcel of vacant land located north of
Indiantown Road and east of Bee Line Highway from Modeline Gaspard and Jean
Gaspard for $20,150 plus closing, title insurance and recording costs estimated
to be $425;
D) a
Memorandum of Agreement with Modeline Gaspard and Jean Gaspard;
E) an
agreement for purchase and sale of a 1.3 acre parcel of vacant land located
north of Indiantown Road and east of Bee Line Highway from Susan Witonsky and Louis Witonsky for $20,150 plus closing,
title insurance and recording costs estimated to be $425; and
F) a
Memorandum of Agreement with Susan Witonsky
and Louis Witonsky.
SUMMARY: On November 2, 2021, the Board of County
Commissioners (Board) approved a Fiscal Strategy for the spending of American
Rescue Plan Act (ARPA) funds, which included an allocation of $4,000,000 for
the acquisition of environmentally sensitive lands. The parcels owned by John
Joseph Erhart (Erhart parcel), Modeline Gaspard and Jean Gaspard (Gaspard
parcel), Susan Witonsky and Louis Witonsky (Witonsky parcel), are interior
parcels located in an area known as Palm Beach Heights (part of the Pal-Mar
Ecosite). The Pal-Mar Ecosite is part of a large ecological greenway that
stretches from just west of the Atlantic Ocean to just east of Lake Okeechobee.
The area provides habitat for a wide variety of native plants and animals and
it is part of a hydrologically significant region that includes the headwaters
of the federally designated Wild and Scenic Northwest Fork of the Loxahatchee
River. Hence its value as environmentally sensitive land. Palm Beach Heights is
an old, non-confirming subdivision and, as described in the County’s “Report on
Lack of Development Potential of Palm Beach Heights Parcels – April 2017,” most
of its parcels, including the subject parcels, cannot meet current land
development regulations and are therefore, unbuildable.
MARCH 14, 2023
6. REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS (cont’d.)
2. SUMMARY (cont’d): Appraisals were
obtained from Anderson & Carr, Inc. and M.R. Ford & Associates, Inc.
who assigned a $15,000 and $16,000 per acre value for interior Palm Beach Heights
parcels, respectively. Callaway & Price, Inc. reviewed the appraisals and
concluded a reasonable aggregate value of $15,500 per acre for interior Palm
Beach Heights parcels, which is the basis of the offers. The agreements allow
for the County’s due diligence review of the parcels within 45 days of Board
approval. The County will pay title insurance policy premiums, closing and
recording costs estimated to be $550 for the Erhart parcels, $425 for the
Gaspard parcel and $425 for the Witonsky parcel. The Environmental Resources
and Management (ERM) Department will perform pre-acquisition environmental
assessments for the parcels prior to closing.
Boundary surveys will not be obtained for any of the parcels due to their
remote locations. ERM will be responsible
for the administration of the parcels. All costs related to the acquisitions
will be paid from existing funds received from the ARPA Response Replacement
Fund. These acquisitions must be
approved by a supermajority vote (5 Commissioners). (Property & Real
Estate Management) District 1 (HJF)
3. Staff recommends motion to approve:
A) a Spring Training Facility Funding Agreement (Funding Agreement) with the
State of Florida, Department of Economic Opportunity (DEO) for the provision of
$50,000,000 of State funding under Fla. Sta. 288.11631 over a 25-year period
towards the renovation of the Roger Dean Chevrolet Stadium (RDCS);
B) an Addendum to the Second Restated Sports Facility Use Agreement
(Addendum) (R2022-0521) between the County, Jupiter Stadium Limited, Ltd.(JSL),
the St. Louis Cardinals, LLC (Cardinals), and the Marlins Teamco, LLC (Marlins)
providing for additional payments to be made by the Marlins and Cardinals to
the DEO in the event of Missed Games(as defined therein);
C) Amendment No. 1 to
the Developer Agreement (DA) (R2022-0520) between JSL and the County increasing
the amount of the Project Proceeds to $140,000,000 and establishing
Non-Eligible Costs; and
D) Amendment No. 1 to the Second Restated Sports Facility Use Agreement
(Restated SFUA) (R2022-0521) providing for the option of Semi-Annual Use Fee
Payments.
MARCH 14, 2023
6. REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS (cont’d.)
3. Summary:
In 1996, Palm Beach County (County) entered into a Developer Agreement
(R96-879D, as amended) and a Sport Facility Use Agreement (R96-877D, as
amended)(SFUA) with Jupiter Stadium, Ltd. (JSL) for the use and operation of
Roger Dean Chevrolet Stadium (RDCS) and the adjacent two-team baseball training
facilities, clubhouses, playing fields, on-site parking areas and related
structures and improvements. RDCS serves as the spring training facility for
the St. Louis Cardinals (Cardinals) and the Miami Marlins (Marlins)
(collectively the Teams). Construction of RDCS was completed in 1998,
therefore, the facility has now reached 25 years of age and requires
renovations to ensure that it: 1) meets updated MLB standards, 2) provides
accommodations comparable to the County’s most recently built Ballpark of the
Palm Beaches (BPPB), and 3) provides for a visitor experience that further
solidifies spring training as a tourism generator. On December 17, 2019, the
Board of County Commissioners (Board) approved a term sheet identifying key
provisions of a Developer Agreement (DA) and a Restated Sports Facility Use
Agreement (Restated SFUA) to facilitate the renovation of RDCS (Renovation
Project), and authorized the County Administrator or designee to commence
negotiations. Negotiations commenced as authorized by the Board but, in March
2020, had to be halted due to the detrimental effects that the COVID19 pandemic
had on Bed Tax collections. In November 2021, JSL and the County reengaged in
negotiations. On May 17, 2022, the Board Approved the Developer Agreement (DA)
(R2022-0520) and the Second Restated Article 17 of the DA establishes as
conditions precedent to the approval of the County Bond Resolution: 1)
effectiveness of the DA; 2) HW Spring Training, LLC’s (HW) written approval
that the terms of the Restated SFUA are not more favorable than those contained
in the First Restated Sports Facility Use Agreement between the County and HW
dated October 20, 2015 (R2015-1523); 3) the written approval of the DA by the
Office of the Commissioner of Baseball; and 4) the full execution and
effectiveness of the Funding Agreement providing for 25 annual payments of
$2,000,000 each. The DA became effective
as of its approval by the Board on May 17, 2022. HW and the Office of the Commissioner of
Baseball have issued the corresponding letters (Attachments 6 and 7).
Therefore, execution of the Funding Agreement is the remaining condition
precedent prior to approval of the Bond Authorizing Resolution, which has been
submitted as companion agenda item by the Office of Financial Management and
Budget (OFMB) and which approval must be contingent to the approval of the
items included in this agenda item. The Funding Agreement will take effect once
fully executed by DEO. As a condition
for approval of the Funding Agreement, DEO required JSL and the County to
execute an Addendum to the Restated SFUA providing for additional payments to
be made by the Marlins and Cardinals to the DEO in the event of Missed Games
(as defined therein). Under the approved DA, the County is to issue Revenue
Bonds in the amount of $108,000,000 (which can be increased to $126,000,000 by
the Teams under certain circumstances) to fund the Renovation Project. The
Renovation Project includes public, shared and private use improvements.
MARCH 14, 2023
6. REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS (cont’d.)
3. Summary
(cont’d.): Debt
service is to be paid through a combination of State proceeds under Fla. Sta.
Sec. 288.11631, 1st/4th cent Bed Tax proceeds, and annual
use fee contributions from JSL. The Teams have notified the County that the
project cost has increased to approximately $134M and as a result, have
requested from the County to increase Project Proceeds to $140M. Amendment No.
1 to the DA provides for the increase in the amount of Project Proceeds and
identifies Non-Eligible Costs. The County’s contribution for debt service on
the Revenue Bond will be capped at $75,100,000 and will be funded from the 1st/4th
cent Bed Tax proceeds; no ad valorem funds are considered to fund the County’s
contribution towards debt service. JSL’s contribution in the form of an annual
use payment will be equivalent to the debt service on the Revenue Bond minus
the aggregate value of the State and County contributions. Amendment No. 1 to the Restated SFUA provides
the option for the Teams to issue semi-annual Use Fee Payments (instead of
annual). Due to the unique nature of the
State Funding Agreement, County staff notes the following contract provisions
that differ from the County’s standard language; 1) significant monetary
penalties against the County payable to the State for failure of the County to
provide required reports to the DEO or for knowingly making false
representations in its reports or for failure to maintain the financial
commitment to fund 50% to more of the renovation project or for material
breaches of the State Funding Agreement; 2) to the extent allowed by law and
without waiving immunity beyond the limits set forth in F.S. 768.28, the County
agrees to indemnify the State and DEO including attorneys’ fees; 3) the County
agrees to venue in Leon County, Florida for any disputes; (FDO ADMIN) District 1/Countywide
(MWJ)
MARCH 14, 2023
6. REGULAR AGENDA
B. FINANCIAL
MANAGEMENT AND BUDGET
1. Staff recommends motion to
adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida authorizing the issuance
of not exceeding $140,000,000 in
total original aggregate principal amount of its public improvement revenue bonds
(professional sports franchise facility project) in one or more series
(the professional sports facility bonds) for the purpose of financing or
refinancing, together with other legally available funds of the
county, the acquisition, design, construction and equipping of
capital renovations and improvements to Roger Dean Chevrolet Stadium and
related facilities and paying certain costs related and incidental
thereto; providing for the terms and payment of such professional
sports facility bonds; providing for the rights, security and remedies
of the holders thereof; making certain covenants and agreements in
connection therewith; authorizing the use of a preliminary official
statement, official notices of sale and summary notices of sale in
connection with the public sale of such bonds; authorizing the Mayor or
County Administrator to accept the best bids for the purchase of the
professional sports facility bonds;
authorizing the proper officials of the county to execute
and deliver a certificate deeming the preliminary official statement
"final" for purposes of securities and exchange commission
rule 15c2-12; providing for certain continuing disclosure undertakings
pursuant to such rule; appointing an initial paying agent and registrar;
approving the form of and authorizing the execution of an official
statement; authorizing the proper officials of the county to do
all other things deemed necessary or advisable in connection with the
issuance of the professional sports facility bonds; declaring the
county’s official intent to treat payments made by the teams to
cover construction cost overruns of the project as an equity contribution;
providing for certain other matters in connection therewith; and
providing for an effective date. SUMMARY: The County has identified the need for the
acquisition, design, construction, development and equipping of the Roger Dean
Chevrolet Stadium expansion and related facilities. The BCC approved the Roger Dean Chevrolet
Stadium expansion at its May 17, 2022 meeting. These bonds will be issued at a not to exceed
amount of $140 million on a competitive basis. The debt service for the bonds’
repayment will be Tourist Development Bed Taxes, State sales tax contribution
of $50,000,000 ($2,000,000 per year for 25 years), and the teams’ annual
contributions. Countywide (DB)
MARCH 14, 2023
6. REGULAR AGENDA
C. 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 for Lake Worth Towers, by the Housing Finance Authority of Palm
Beach County, Florida (the Authority) in the principal amount of $30,000,000
(the Bonds). 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
for the elderly containing approximately 195 units known as Lake Worth Towers
(the Project). The Project is located at
1500 Lucerne Avenue in the City of Lake Worth Beach, Florida. The Authority
will require that at least 40% of these units will be rented to qualified
persons and families whose household incomes do not exceed 60% of area median
income ($55,200 for a family of 4 for 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 (the Code) that will require that
100% of the units will be rented to qualified persons and families, the average
household incomes of which will not exceed 60% of area median income. The
Borrower is Lake Worth Towers Preservation, L.P., a Florida limited partnership,
or an affiliate thereof (the Borrower), and the developer is The Related
Companies, L.P. 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. RBC Capital
Markets, LLC will be the underwriter or placement agent for 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, 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 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 are pledged to pay the principal, redemption premium, if
any, or interest on the Bonds. District 3 (HJF)
MARCH 14, 2023
6. REGULAR AGENDA
D. ENGINEERING AND PUBLIC WORKS
1. Overview of Department of Engineering
and Public Works presentation.
* * * * * * * * * * * *
RECESS AS THE BOARD OF
COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
MARCH 14, 2023
7. BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL
CONTROL BOARD
1.
Staff recommends motion to
approve: the appointment of one member to the
Environmental Appeals Board for a term of three years beginning March 14, 2023
to March 13, 2026.
NOMINEE: SEAT
#: REQUIREMENT:
NOMINATED BY
Hector A. Gambarrotti 3 Member Gold
Coast Builders Association
Summary: The Board is composed of five members.
Membership must consist of one lawyer recommended by the Palm Beach County Bar
Association; one member of the Gold Coast Builders Association (formerly known
as Home Builders and Contractors Association); one professional engineer
recommended by the Palm Beach Branch of the American Society of Civil
Engineers; one water resource professional employed by the South Florida Water
Management District; and one drinking water engineer employed by the Department
of Environmental Protection. The Board currently consists of three
members. The current diversity count
is: African-American: 1, Caucasian: 2.
The current gender ratio (female:male) is 1:2. The applicant for appointment to
Seat # 3, Hector Gambarrotti is recommended by the Gold Coast Builders
Association. With this approval, the
Board will consist of four members: one African-American (20%), two Caucasian
(40%), one Hispanic-American (20%) and one vacant seat awaiting
recommendations. The gender ratio (female: male) is 1:3. Countywide (HH)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECOVENE AS THE BOARD OF COUNTY COMMISSIONERS
MARCH 14, 2023
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 14, 2023
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
on-going basis. Countywide (DC)
B. COUNTY ATTORNEY
MARCH 14, 2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
Request for off-site Proclamation
declaring April 1, 2023 as Darrell K. Williams Day.
MARCH 14, 2023
11. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 14, 2023
12. 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."