June 11, 2024
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 11, 2024
PAGE ITEM
16 3E2 * REVISED
SUMMARY/ (COMM SVCS) / Summary: Amendment 004 to
Standard Agreement No. IZ023-9500 (R2023-1279) for ADI with AAA was received on April 23, 2024. ADI allows DSVS to
provide services to assist seniors afflicted with Alzheimer’s disease and
dementia to help them remain in their homes and to provide respite for caregivers.
For the grant year (GY) July 1, 2022 to June 30, 2023 ADI served 144 seniors
with a memory impairment. For the current GY starting July 1, 2023, ADI has
served 117 clients so far. The upward budget amendment is necessary to align
the County budget with the actual grant award. On March 12, 2013
(R2013-0242), the Board of County Commissioners (BCC) granted signature
authority to the County Administrator, or designee, to execute grant agreements
and amendments thereto, and all other necessary documents related to the AAA.
No County match is required. (DSVS) Countywide except for
portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
20 3E7 * DELETED (COMM SVCS) - staff pulled
for further review.
39 3I2 * REVISED
SUMMARY (HED) / SUMMARY: On October 6, 2023, the
Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2023 allotment funding cycle. RLWA submitted an
application in response to the NOFA. Staff recommends that up to $292,691 be
provided as a credit for impact fees associated with the construction of 195
rental apartments in three five-story buildings located at 2431 2nd
Avenue North, Lake Worth Beach, FL 33461. RLWA will be given credits for Roads
Zone 2 Impact Fees ($244,327), Parks Zone 2 ($14,724), and Public Building
Impact Fees ($33,640) for the construction of the Residences of Lake Worth
Beach project. RLWA will pay impact fees
above the allocated $292,691. The Certificate of Award and related documents
will be issued to the entity identified herein and its successors and/or
assigns. According to IFAHAP requirements, the units will be rented to persons
with income at or below 140% of Area Median Income (AMI) for no less
than 50 years. However, RLWA will provide 165 units at 110% AMI or below.
These funds are from interest earned
by the Impact Fee Fund. District 3 (HJF)
49 3AA1 * DELETED (PALM TRAN) - staff pulled
for further review.
49 3AA2 * DELETED (PALM TRAN) - staff pulled
for further review.
55 3DD1 * REVISED SUMMARY (SUPERVISOR ELECTION) / Summary: 1 precinct
boundary change and 1 precinct creation are
recommended by Wendy Sartory Link, SOE, due to a
Community Development District becoming elected by popular vote. District
1 (AH)
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
JUNE 11, 2024
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 9 - 55)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 56)
5. REGULAR
AGENDA (Pages 57 - 64)
6. BOARD
APPOINTMENTS (Page 65)
7. STAFF
COMMENTS (Page 66)
8. BCC
COMMENTS (Page 67)
9. ADJOURNMENT (Page 68)
* * * * * * * * * * *
JUNE 11, 2024
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
3B-3 Bonds
Report
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Resolution
amending R2023-1581 for the acquisition of fee simple right-of-way designated
parcels to extend Congress Avenue from Northlake Blvd. project.
Page 11
3C-2 Contracts
with CHA Consulting, Inc. and Mehta and Associates, Inc. for Construction
Engineering and Inspection Professional Continuing Services.
Page 12
3C-3 Consultant
Service Authorization No. 7 with BCC Engineering, LLC for Cresthaven
Blvd. project.
3C-4 Consultant
Service Aurthorization No. 2 with R.J. Behar &
Company, Inc. for the Duda Road Bridge Replacement
project.
Page 13
3C-5 Contract
with M&M Asphalt Maintenance Inc. for the construction of the Lake Ida Road
and Hagen Ranch Road Intersection Improvements project.
3C-6 Amendment
No. 3 with Wynn & Sons Environmental Construction Company, LLC to add
additional technical special provisions.
Page 14
3C-7 Lighting
Agreement with Florida Power & Light Company for the intersection of
Boynton Beach Blvd. project.
3C-8 Contract
with M&M Asphalt Maintenance Inc. for the construction of the Gateway Blvd./Lawrence Road project.
E. COMMUNITY SERVICES
Page 15
3E-1 Travel
advance for a Palm Beach County HIV Care Council to attend the National Ryan
White Conference.
JUNE 11, 2024
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES
Page 16
3E-2 Amendment
004 with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. to amend,
revise, and replace portions of the standard agreement to increase the overall
funding.
Page 17
3E-3 Retroactive
Interlocal Agreement with the City of West Palm Beach
in Housing and Urban Development Continuum of Care funds to provide Rapid
Rehousing and supportive services for chronically homelessness.
3E-4 Amendment
No. 1 with Gulfstream Goodwill Industries, Inc. to amend, revise and replace
portions of the agreement by increasing the total contract amount for the
provision of Travelers Aid services to individuals experiencing homelessness.
Page 18
3E-5 Subrecipient Agreement with the Lord’s Place for provision
of Street Outreach; and with Legal Aid Society of Palm Beach County for the
provision of Rapid Unsheltered Survivor Housing Services.
Page 19
3E-6 Notice
of Grant Award from FDOC for Program Year 2022 allocation, and for Program Year
2023 reducing allocation.
Page 20
3E-7 Amendment
No. 0008 to the DCF Unified Homelessness Grant Contract to increase the grant
award; and Amendment No. 0009 to the DCF Unified Homelessness Grant Contract to
increase the grant award for 2024.
F. AIRPORTS
Page 21
3F-1 Two Amendments for Extension of the Public
Transportation Grant Agreements with FDOT for Emergency Generator for fuel
system at Palm Beach County Glades Airport; and Terminal Roof Improvements at
PBI.
Page 22
3F-2 Amendment No. 1 to the Public Transportation
Grant Agreement with FDOT to modifying the scope of work for improvements to
Runway 9R/27L at North Palm Beach County General Aviation Airport.
Page 23
3F-3 Change Order No. 3 with Lebolo
Construction Management, Inc. for the Federal Inspection Services and Building
846 Storm Resiliency Modifications Package 2.
JUNE 11, 2024
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 24 - 25
3F-4 First Amendment with Aircraft Service
International, Inc. to Amended and Restated Fuel Farm Facilities Lease
Agreement at PBI.
Page 26
3F-5 On-Demand Ground Transportation Concession
Agreement with 4R Services LLC at PBI.
Page 27
3F-6 American Rescue Plan Act of 2021 Concession
Relief Plan and Allocation Award Summary providing for allocation of economic
relief awards to concession operations at PBI.
3F-7 Ground Lessor’s Estoppel Certificate to Connectone Bank for the Development Site Lease Agreement
between County and PBI Post Distr. LLC.
Page 28
3F-8 Contract with Ranger Construction
Industries, Inc. for the Runway 10-28 Surface Treatment project at Palm Beach
County Park Airport located in Lantana.
G. OFFICE OF
FINANCIAL MANAGEMENT & BUDGET
Page 29
3G-1 School
Impact Fee Zone 1 Budget Transfer request.
3G-2 Annual
Report for Lake Clarke Shore Community Redevelopment Agency.
Page 30
3G-3 Infrastructure
Surtax Project Plan.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 31
3H-1 Request
to increase the maximum dollar value of the annual minor construction contract
for general minor construction services on an as-needed basis.
Page 32
3H-2 Change
Order No. 3 with Lebolo Construction Management, Inc.
for the Melissa’s Place Lake Village at the Glades playground installation
project.
Page 33
3H-3 Change
Order No. 2 with Kaufman Lynn Construction, Inc. for the Lake Lytal Aquatic Complex – Phase 1 Tree Relocation project.
JUNE 11, 2024
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 34 - 36
3H-4 Amendment
No. 1 with Verdex Construction LLC for the new
Mosquito Control Division Compound and an Agreement with Art Services with Reinaldo Correa Studio LLC for the “Droplet” sculptural
installation of the project.
Page 37
3H-5 First
Amendment with St. Mary’s Medical Center, Inc. to extend the term of the
Agreement for interoperable communications.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 38
3I-1 Loan Agreement with Harper Court Housing,
LLC for the acquisition and rehabilitation of a vacant motel.
Page 39
3I-2 Impact Fee Affordable Housing Assistance
Program funding award to Richman Lake Worth Apartments, LLC.
Page 40
3I-3 Agreement with Florida International
University Board of Trustees to provide an assessment report and needs analysis
for affordable/workforce housing units.
K. WATER UTILITIES
Page 41
3K-1 Change
Order No. 2 with Florida Design Drilling LLC for a contract project time
extension.
Page 42
3K-2 Non-standard
Utility Easement, a Temporary Construction Easement.
Page 43
3K-3 Work
Order No. 2 with Hinterland Group Inc. for the Air Release Valve Manhole
Adjustments Along Seminole Pratt Whitney Road.
Page 44
3K-4 Amendment
No. 4 with Hazen and Sawyer, P.C. to extend the contract and to increase
funding for additional services.
Page 45
3K-5 Request
authorization to pursue funding from FDEP Water Quality Improvement Grant
Program for the East Main Street Sanitary Sewer Lateral Installation project.
JUNE 11, 2024
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 46
3L-1 Release
of Reservation for Phosphate, Minerals, Metals, and Petroleum from the Town of
Lake Park for a portion of Lake Park Scrub Natural Area.
Page 47
3L-2 Detailed
Work Plan Budget – Arthropod Control and Integrated Mosquito Management Plan
for 2024/2025.
P. COOPERATIVE EXTENSION SERVICE
Page 48
3P-1 Donation
from the Friends of the Mounts Botanical Garden, Inc. for the display of Ribbit
the Exhibit at Mounts Botanical Garden of Palm Beach County by J Cobb Group.
S. FIRE RESCUE
Page 48
3S-1 MOA
with Miami-Dade County for the participation in the Florida Task Force 1 of the
National Urban Search and Rescue Response System.
AA. PALM TRAN
Page 49
3AA-1 Lease Agreement with Nations Bus Corp. for the
leasing of three (3) coach bus vehicles to operate the Port St. Lucie Express
Regional Transit Pilot Program.
3AA-2 MOU between South Florida Regional
Transportation Authority, Broward County Transit, Miami Dade Public Works and
Palm Tran setting forth the required co-operation for the purchase of fares and
SFRTA’s new mobile application.
BB. YOUTH SERVICES
Page 50
3BB-1 Four Contracts for internship with interns for
training and experience.
Page 51
3BB-2 Cooperative Agreement with School Board of Palm
Beach County to continue classroom instruction for youth in education program
at Highridge Family Center.
Page 52 - 53
3BB-3 Retroactive Community Based Agency Contract
with The Pathto College Foundation, Inc. to provide
its Summer College and Career Program; an a contract
with Digital Vibez, Inc. to provide Wellness
Workshops and the Kidsfit Jamathon
Program.
JUNE 11, 2024
TABLE OF CONTENTS
CONSENT AGENDA
CC. SHERIFF
Page 54
3CC-1 Budget Transfer request.
DD. SUPERVISOR OF ELECTIONS
Page 54
3DD-1 One precinct boundary change and one precinct
creation.
EE. TOURIST DEVELOPMENT COUNCIL
Page 55
3EE-1 Category
“G” Grant Agreements with The ACL, LLC and Association of Pickleball
Professionals, LLC.
PUBLIC HEARINGS – 9:30 A.M.
A. PLANNING, ZONING, & BUILDING
Page 56
4A-1 Ordinance repealing/replacing to the Scope
and Administration – The Palm Beach County Amendments to the Florida Building
Code.
REGULAR AGENDA
A. AIRPORTS
Page 57
5A-1 Agreement to purchase 9,964 square feet of
unimproved land located west of PBI.
Page 58
5A-2 Airport
Ground Transportation Management Agreement with SP Plus Corporation for the
administration, operation and management of the ground transportation at PBI.
Page 59
5A-3 Contract
with Ranger Construction Industries, Inc. for the West Apron Pavement
Reconstruction Project at the Palm Beach County Park Airport.
Page 60 - 61
5A-4 Contract
with Suffolk Construction Company Inc. for the Concourse B Expansion – Package
2A at PBI.
JUNE 11, 2024
TABLE OF CONTENTS
REGULAR AGENDA
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 61
5B-1 Presentation
on property values and the Property Appraiser’s FY2025 Budget proposal.
C. PUBLIC SAFETY
Page 62
5C-1 Request for preliminary reading and
permission to advertise pertaining to the Adult Entertainment Code.
D. OFFICE OF EQUAL BUSINESS OPPORTUNITY
Page 62
5D-1 FY 2024 Quarter 2 and FY 2024 Semiannual
Small/Miniority/Women Business Enterprise
participation report.
E. PLANNING, ZONING, & BUILDING
Page 63
5E-1 Resolution consenting to the expansion of
Lake Park Community Redevelopment Agency; and request for Resolution to
authorize Interlocal Agreement with the Town of Lake
Park and Lake Park CRA exempting the County from remitting tax increment
revenues as set forth.
F. FACILITIES DEVELOPMENT & OPERATIONS
Page 64
5F-1 Master Planning and Redevelopment of the
South County Administrative Complex.
BOARD APPOINTMENTS (Page 65)
STAFF COMMENTS (Page 66)
BCC COMMENTS (Page 67)
ADJOURNMENT (Page 68)
* * * * * * * * * * * *
JUNE 11, 2024
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
3. Staff recommends
motion to:
A)
review for sufficiency Report of County Officials Bonds dated June 2024; and
B) receive and file Report of County Officials Bonds dated June 2024.
SUMMARY: Ordinance No. 98-51 sets the
various bond amounts for specified County
officers and provides for examination of the
sufficiency of all bonds at the regular meeting of the Board of County
Commissioners in January and June of each year. Countywide (DB)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: a Resolution amending R2023-1581 dated
November 7, 2023, and declaring the acquisition of fee simple right-of-way
designated as Parcel 102, a temporary construction easement designated as
Parcel 302 (Parcels), and acquisition of access to Richard Road from the parent
tract of the Parcels necessary for the construction of roadway improvements to
extend Congress Avenue from Northlake Boulevard to Alternate A1A
(Project). SUMMARY: Adoption
of the Resolution will amend the eminent domain proceedings pursuant to Chapters
73, 74, 127, and Section 337.27, Florida
Statutes, as amended, against
two parcels having a total appraised value of $343,100. Acquisition of the Parcels and acquisition of
access to Richard Road from the parent tract of the Parcels are
necessary to construct a new typical three lane roadway with shoulders, curb
and gutter, sidewalks, a roundabout, and drainage for the Project. The property owner has not accepted the offer to purchase made by
Palm Beach County (County) and attempts to negotiate the purchase have been
unsuccessful. Eminent domain proceedings
are necessary to acquire the Parcels and access to Richard Road at this time in
order to expedite construction of the Project.
The acquisition of access to Richard Road is necessary to address the
closure of an existing driveway that is in violation of current roadway design
and safety standards. This Project is
included in the Five Year Road Program.
District 1 (DO)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve:
A) the Construction Engineering and Inspection (CEI) Professional Continuing
Services Contract with CHA
Consulting, Inc. (CHA) to be in effect for 36 months from the date of approval
by the Board of County Commissioners (BCC); and
B) the Construction Engineering and Inspection
(CEI) Professional Continuing Services Contract with Mehta and Associates, Inc. (MAI) to be in effect for 36 months
from the date of approval by the BCC.
SUMMARY:
Approval of these contracts will
provide the necessary CEI professional services on a consultant service authorization basis
throughout Palm Beach County (County).
The contract period for these contracts is thirty-six (36) months from
the date of approval by the BCC.
On October 5, 2022, the Goal Setting Committee applied Affirmative
Procurement Initiatives of a 20%
minimum mandatory Small Business Enterprise (SBE) participation and a Minority
Business Enterprise (MBE) evaluation preference for African American owned
firms. CHA agreed to 20% SBE
participation for the contract. MAI
agreed to 25% SBE participation for the contract. On November 30, 2023, the Consultant’s Competitive Negotiations
Act Selection Committee selected CHA and MAI and, in accordance with PPM No.
CW-O-048, the BCC was notified of the selection on November 30, 2023. CHA and MAI have offices located in the
County. Countywide (YBH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve:
A) Consultant Service Authorization No. 7 (CSA) to the Construction
Engineering Inspection (CEI) Annual Services Contract (R2021-0883) dated July
13, 2021 (Contract) with BCC
Engineering, LLC (BCCE) in the amount of $516,173.06 for Cresthaven Boulevard from Jog Road to
Military Trail (Project); and
B) a Budget Transfer of $400,000 in the
Transportation Improvement Fund from Reserves-Road Program Sweeps Project.
SUMMARY:
Approval of this CSA will
provide the CEI services necessary for design plan review during construction
of the Project to add bike lanes, two (2) pathway bridges, and traffic signal
modifications. On November 6, 2019,
the Goal Setting Committee applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business
Enterprise (SBE) participation and an SBE evaluation preference. BCCE agreed to 30% SBE participation for the
Contract and 29.62% SBE participation for this CSA. Their cumulative SBE participation for the
Contract, including this CSA is 30.65%. BCCE has an office located in Palm
Beach County (County). This Project is included in the Five-Year Road
Program. District 3
(YBH)
4. Staff recommends
motion to approve: Consultant Service Authorization No. 2 (CSA)
to the Annual Structural Engineering Services Contract (R2023-0261) dated March
14, 2023 (Contract) with R.J. Behar & Company, Inc. (RJB) in the
amount of $447,305.75 for the Duda Road Bridge Replacement over the South Florida Water
Management Distrsict’s L-14 Canal (Project). SUMMARY: Approval of this CSA will provide the professional services necessary to design a new
replacement bridge for the Project. On January 5, 2022, the Goal Setting
Committee applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business
Enterprise (SBE) participation of which 5% is Minority Business Enterprise
(MBE) participation for African American owned firms, and an SBE evaluation
preference. RJB agreed to 23% SBE and 18% MBE participation for the Contract,
and 23.06% SBE and 23.06% MBE participation for this CSA. Their cumulative SBE participation, including
this CSA is 21.5%. RJB has an office located in Palm Beach County (County).
This Project is funded by the infrastructure sales tax. District 6 (YBH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
5. Staff recommends
motion to approve:
a contract with M&M Asphalt
Maintenance Inc. D/B/A All County Paving (M&M) in
the amount of $997,000 with a contract time of 180 calendar days, for
construction of the Lake Ida Road and Hagen Ranch Road Intersection
Improvements (Project). SUMMARY: Approval of this contract will authorize the
construction services necessary to widen Lake Ida Road by adding an eastbound
through lane at the intersection with Hagen Ranch Road. On February 15, 2023, the Goal Setting
Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business
Enterprise (SBE) participation.
M&M agreed to 22% SBE participation.
Bids for the contract were
received by the Engineering and Public Works Department (EPW) on December 19,
2023. M&M was the lowest responsive
bidder of five (5) bidders. The contract
time for the Project is 180 calendar days.
M&M has an office located in
Palm Beach County. This Project is
included in the Five-Year Road Program. District 5 (YBH)
6. Staff recommends
motion to approve:
Amendment No. 3 to the Pathway & Minor Construction Continuing Services
Contract (R2023-0255) dated March 14, 2023 with Wynn & Sons Environmental
Construction Company, LLC (WSE) to add additional technical special
provisions. SUMMARY: Approval of this amendment will add
additional details for building the fencing items. Section 3 of the Special Provisions in the
contract allows the parties to amend the contract while adhering to all other
original terms, conditions and unit prices of the contract. On August 3, 2022,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business
Enterprise (SBE) participation of which 5%
must be Minority Business Enterprise (MBE) participation for African-American
and/or Hispanic American owned firms. WSE agreed to 22.51% SBE of which 20.24%
is MBE participation. To date, tasks in the amount of $6,323,617 of the
contract’s $26,200,000 have been authorized for WSE. The first amendment to the contract (R2023-1839) dated December 19, 2023
modified pay items, the second amendment to the contract (R2024-0428) dated May
7, 2024 extended the expiration date and recognized WSE’s name change. WSE has
an office located in Palm Beach County. Countywide
(YBH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
7. Staff recommends
motion to receive and file: one (1) fully executed lighting agreement
with Florida Power & Light Company (FP&L) for the intersection of
Boynton Beach Boulevard and Orchid Grove Trail.
SUMMARY: In accordance with
Countywide PPM CW-O-051, all delegated contracts, agreements, and grants must
be submitted by the initiating Department as a receive
and file agenda item. This agreement was executed by the County Engineer on
April 3, 2024, per Resolution R2020-0990. FP&L agreements are based on the
type of street lighting fixture and/or pole being installed and/or
removed. “Street Lighting Agreements” are utilized for installation and/or
removal of High Pressure Sodium street lights and poles. “Premium Lighting
Agreements” are utilized for the installation and/or removal of Light-emitting
Diode (LED) street lights and poles
submitted to FP&L prior to December 31, 2021. “LED Lighting Agreements” or
“Lighting Agreements” (new name in effect as of January 1, 2022) are utilized
for the installation and/or removal of LED street lights and poles submitted to
FP&L after December 31, 2021. District 5 (YBH)
8. Staff recommends
motion to approve: a contract with M&M Asphalt Maintenance Inc.,
D/B/A All County Paving (MAM) in the amount of $1,059,000 with a contract time
of 250 calendar days for construction of the Gateway Boulevard/Lawrence Road
and Old Boynton Road/Lawrence Road Intersection Improvements (Project). SUMMARY: Approval of this contract will authorize the
construction services necessary to construct westbound right turn lanes on
Gateway Boulevard and on Old Boynton Road for the Project. On August 2, 2023,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a 20% minimum mandatory Small Business
Enterprise (SBE) participation. MAM agreed to 23.6% SBE participation
for this contract. Bids for the
contract were received by the Engineering and Public Works Department
(EPW) on February 13, 2024. MAM was the
lowest responsive bidder of five (5) bidders.
The contract time for the Project is 250 calendar days. MAM
has an office located in Palm Beach County. This Project is included in the
Five-Year Road Program. District 2 (YBH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Travel advance at an estimated cost of $2,000 for a
member of the Palm Beach County HIV CARE Council (HIV CARE Council), to attend
the National Ryan White Conference on HIV/AIDS on August 20th, 2024
through August 23rd, 2024 in Washington D.C. Summary: Resolution No. R2013-0193
establishes policies and procedures for the Palm Beach County Advisory Boards,
Committees and Commissions, allowing board member(s) to travel in order to
fulfill board member responsibilities. In accordance with PPM CW-F-009,
non-County employee travel advances require Board approval. A travel advance is requested for a HIV CARE
Council member to travel to Washington D.C., to attend the National Ryan White
Conference. The grantor, the U.S. Department of Health and Human Services,
Health Resources and Services Administration (HRSA), requires that local
Planning Council members train and attend workshops in order to take an active
role in the program. The Ryan White Conference theme this year is “Innovating to End the HIV Epidemic: Empowering Communities, Expanding
Partnerships, and Implementing Interventions.” The estimated cost of
$2,000 provides for conference lodging, ground transportation, flight itinerary
and meals for the participant. These are
Ryan White Part A grant funds, no County match is required. (Ryan White
Program) Countywide (HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Staff recommends
motion to:
A) receive and file Amendment 004
to Standard Agreement No. IZ023-9500 (R2023-1279) for Alzheimer’s Disease
Initiative (ADI) with Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
(AAA), to amend, revise, and replace portions of the standard agreement and
increase the overall total funding by $50,000 in an amount not-to-exceed
$2,415,100 for the period July 1, 2023 to June 30, 2024; and
B) approve an upward
Budget Amendment of $50,000 in the Division of Senior and Veterans Services
(DSVS) Administration Fund to align the budget with the amended grant award.
Summary: Amendment 004 to Standard Agreement No.
IZ023-9500 (R2023-1279) for ADI with AAA was
received on April 23, 2024. ADI allows DSVS to provide services to assist
seniors afflicted with Alzheimer’s disease and dementia to help them remain in
their homes and to provide respite for caregivers. For the grant year (GY) July
1, 2022 to June 30, 2023 ADI served 144 seniors with a memory impairment. For
the current GY starting July 1, 2023, ADI has served 117 clients so far. The
upward budget amendment is necessary to align the County budget with the actual
grant award. On March 12, 2013 (R2013-0242), the Board of County
Commissioners (BCC) granted signature authority to the County Administrator, or
designee, to execute grant agreements and amendments thereto, and all other
necessary documents related to the AAA. No
County match is required. (DSVS) Countywide
except for portions of Districts 2, 4, 5, and 7 south of Hypoluxo Rd. (HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
3. Staff recommends
motion to approve: Retroactive Interlocal
Agreement with the City of West Palm Beach for the period December 1, 2023
through November 30, 2024, in an amount of $482,117 in Housing and Urban
Development (HUD) Continuum of Care (CoC) funds to
provide Rapid Rehousing and supportive services for chronically homeless,
unsheltered and medically fragile homeless individuals in City of West Palm
Beach. Summary: On
November 8, 2023 the Department of Community Services, Division of Human
Services and Community Action Program (HSCAP) received a grant agreement from
HUD awarding $482,117 in CoC funding to provide rapid
rehousing and supportive services for chronically homeless, unsheltered and
medically fragile homeless individuals. Pathways to Independence, a program
operated by the City of West Palm Beach in conjunction with the Human Services
Community Action, to provide permanent housing for chronic, unsheltered and
medically fragile homeless individuals through the Pathways to Independence
Rapid Rehousing Housing First program. The goal of the program is to secure
housing for 22 individuals using a shared housing and independent housing
model. Individuals will be identified through the coordinated entry system. There
is a 25% match required. The match of $120,530, and all administrative
expenses will be paid by the City of West Palm Beach. This grant represents a
first year award between the City of West Palm Beach in
conjunction with COC funding. (Human Services and Community Action
Program) District 2 (HH)
4. Staff recommends
motion to approve: Amendment No. 1 to Agreement for Provision of Financial Assistance (R2022-1084)
with Gulfstream Goodwill Industries, Inc. (GGI), for the period October 1, 2022
through September 30, 2025, to amend, revise and replace portions of the
agreement by increasing the total contract amount by $30,000, for a new three
(3) year total agreement amount not-to-exceed $105,000, for the provision of
Travelers Aid services to individuals experiencing homelessness in Palm Beach
County in Fiscal Year (FY) 2024, with an anticipated annual allocation of
$25,000 in the subsequent FY, contingent upon a budgetary appropriation by the
Board of County Commissioners (BCC) for the term of the agreement. 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. GGI served 70 unduplicated
persons experiencing homelessness with Traveler’s Aid services in FY 2023, and
68 persons to-date in FY 2024. The amendment will allow GGI to provide
additional Travelers Aid services to approximately 70 additional persons for a
total of 140 persons in FY 2024 by assisting individuals experiencing
homelessness to return home safely to their support systems. The Homeless
Outreach Teams and Law Enforcement work together to unify individuals with
family, and they utilize Traveler’s Aid program for travel costs. No County Match required. (Human
Services and Community Action Program) Countywide (HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
5. Staff recommends
motion to receive and file:
A)
subrecipient agreement with The Lord’s Place in the
amount of $309,099 for provision of Street Outreach Services for the period
retroactive to July 1, 2023 through June 30, 2024; and
B)
subrecipient agreement with Legal Aid Society of Palm
Beach County in the amount of $158,445 for the provision of Rapid Unsheltered
Survivor Housing (RUSH) Services for the period retroactive to July 1, 2023 through
June 30, 2024.
Summary: The Department of Children and Families
(DCF) awarded Palm Beach County additional ESG-CV3 and RUSH funding to continue
to respond to the needs of those individuals and families at risk, or those who
are experiencing homelessness. To date,
DCF has amended our grant funding agreement nine (9) times which has caused
delays in executing subrecipient agreements. The
contracts were executed by the County Administrator in accordance with Agenda
Item 3E-2, dated June 15, 2021, which delegated signature authority to the
County Administrator, or designee, to execute grant amendments thereto, and all
necessary documents related to the DCF Unified Homeless Grant. In accordance
with this authority, Palm Beach County entered into subrecipient
agreements with two (2) partner agencies. The Lord’s Place is providing street
outreach services for up to 492 individuals experiencing homelessness. Legal
Aid Society of Palm Beach County is providing homeless prevention services
through mediation for up to 72 households at risk of homelessness. 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. (Human Services and Community Action Program) Countywide (HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
6. Staff recommends
motion to receive and file:
A) Notice of Grant Award/Fund Availability (NFA)
#043347 Federal Award Identification Number (FAIN) (FAIN G2201FLCOSR), Catalog
of Federal Domestic Assistance (CFDA) (CFDA 93.569) from Florida Department of
Commerce (FDOC), for Program Year (PY) 2022 allocation, in an amount not-to
exceed $149,557.51, for the program period July 1, 2023 through December 31,
2023, for the Community Service Block Grant (CSBG) program; and
B) Amendment to
the NFA #042716 (FAIN G2301FLCOSR), (CFDA 93.569) from the State of
Florida, FDOC, for its PY 2023 reducing allocation by $149,557.51, for an
amount not-to-exceed $1,043,365.49, for the program period July 1, 2023 through
June 30, 2024, for the CSBG program.
Summary: On June 15, 2021, the Board of County
Commissioners (BCC) ratified the Mayor’s signature on the Federally Funded Subgrant Umbrella Agreement #E2016 (R2021-0783) with the
FDOC, for the period October 1, 2020 through September 30, 2023, for the Low
Income Home Energy Assistance Program (LIHEAP), and Low Income Water Assistance
Program (LIHWAP) and CSBG programs. This agreement was amended on August 16,
2023, to update the effective date to July 1, 2023 and extend the end date to
June 30, 2024, and change the name of the Florida Department of Economic
Opportunity (FDOE) to FDOC. This funding is being reallocated from one NFA to
another. Under the terms of the new umbrella agreement, FDOC will issue an NFA
for each program award, and issue amendments to NFA’s for any changes. The CSBG
funds are used to provide economic mobility services to approximately 2,300
low-income individuals and 900 families. These services include employment
skills training, job placement, resume writing training, financial management
training, and case management. In PY 2023, 71 clients enrolled in the
self-sufficiency program, 31 of those completed vocational training and 10
became employed. No County match is
required. (Division of Human Services and Community Action Program) Countywide
(HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
7. Staff recommends motion to:
A) receive and file Amendment No. 0008 to the Florida Department of Children and Families (DCF)
Unified Homeless Grant Contract No. IP004 (R2019-1138), for the period December
1, 2023 through June 30, 2024, to increase the grant award by $683,322.93 for a
new total amount not to exceed $4,886,498.57;
B)
receive and file Amendment No 0009 to the DCF Unified
Homeless Grant Contract No. IP004 (R2019-1138), for the period February 1, 2024
through June 30, 2024, to increase the grant award by $175,646.21 for a new
total amount not to exceed $5,062,144.78; and
C) approve an upward Budget Amendment of $858,969
in the General Fund, Division of Human Services and Community Action Program
(HSCAP) to align the budget with the grant award.
Summary: Amendment
No. 0008 and Amendment No. 0009 to DCF Unified Homeless Grant Contract No.
IP004 to increase funding to support the Challenge Grant program and DCF
initiatives, including rapid rehousing and homelessness prevention services to
vulnerable populations. Amendment No. 0008, revises the original contract to
define vulnerable populations as youth exiting the foster care system,
individuals experiencing substance use disorders, or mental health issues,
families engaged in the child welfare system, domestic violence survivors, and
youth involved with the Department of Justice. Amendment No. 0009 revises the
original contract to include additional funding to further assist individuals
and families in need. Amendment No. 009 also updates the Fiscal Year Payment
Tables for State Fiscal Year(s) 2023/2024 and 2024/2025. The contract
amendments were executed by the County Administrator in accordance with Agenda
Item 3E-2, dated June 15, 2021, which delegated signature authority to the
County Administrator, or designee, to execute grant amendments thereto, and all
necessary documents related to the DCF Unified Homeless Grant. 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. A total of 1062 individuals and 94 families are projected
to be served under this grant. A
County cash match of $214,742 is required and is included in the
current budget using existing staff salaries. (Human Services and Community
Action Program) Countywide
(HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Two (2) Amendments for Extension
(Amendments) of the following Public Transportation Grant Agreements (PTGA)
with the Florida Department of Transportation (FDOT). Delegation of authority for execution of the
Amendments for extension of the PTGA was approved by the Board of County
Commissioners (BCC) on August 25, 2020 (R2020-1017).
A) Emergency
Generator for fuel system at Palm Beach County Glades Airport (PHK) Financial
Project Number 445445-1-94-01, approved by the BCC on April 16, 2019
(R2019-0498 and R2019-0499), extending the expiration date of the PTGA to
December 31, 2024; and
B) Terminal Roof Improvements at Palm Beach
International Airport (PBI), Financial Project Number 447618-1, approved by the
BCC August 25, 2020 (R2020-1024 and R2020-1025), extending the expiration date
of the PTGA to December 31, 2024.
Summary: Item A provides grant funding
for the planning, design, permitting and construction of an emergency generator
capable of operating the aviation fuel farm at PHK in the event commercial
power is lost. Item B provides grant funding for the
replacement of the main terminal roof system at PBI. The Amendments extend the availability of
grant funding for both PTGA to December 31, 2024, to allow for the completion
of the projects. Countywide (AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
2. Staff recommends
motion to receive and file: Amendment No. 1 (Amendment) to Public
Transportation Grant Agreement (PTGA) with the Florida Department of
Transportation (FDOT) (R2024-0231), Financial Project Number 451467-1-94-01,
modifying the scope of work for improvements to Runway 9R/27L at North Palm
Beach County General Aviation Airport (F45). Delegation of authority for execution
of this Amendment was approved by the Board of County Commissioners (BCC) on
August 25, 2020 (R2020-1017). Summary: The Amendment provides for
a modification to the project scope to provide for a surface treatment to
Runway 9R/27L rather than the full reconstruction of the pavement. The surface treatment will extend the useful
life of the pavement, delaying the need for the more costly rehabilitation
project. The original project cost for
the rehabilitation of the runway was estimated to be $12,029,400, which was
anticipated to be funded through a combination of state and federal grant
funds. The PTGA provided that FDOT would provide 5% of the funding or
$601,470. Because federal funding is not
currently available for the rehabilitation of the runway and the rehabilitation
can be delayed by applying a surface treatment to the runway, FDOT modified the
project scope. The revised project cost for the surface treatment is estimated
to be $751,838. The Amendment provides that FDOT will fund 80% of the modified
project costs or $601,470 with a required local match of $150,368.
Countywide (AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
3. Staff recommends
motion to approve:
A) Change Order No. 3 to Amendment No. 3 to
the Construction Manager (CM) at Risk Contract (Contract) with Lebolo Construction Management, Inc. (Lebolo),
for Federal Inspection Services and Building 846 Storm Resiliency Modifications
Package 2 (Storm Resiliency Project), in the amount of $149,935.05, increasing
the project duration by 198 calendar days; and
B)
a Budget Transfer of $149,936 in the
Airport’s Improvement and Development funds.
Summary: On May 3, 2022, the Board of County Commissioners (Board) approved
Amendment No. 3 (R2022-0457) to the Contract (R2019-1222) with Lebolo for the Storm Resiliency Project establishing a
Guaranteed Maximum Price (GMP) of $1,518,790.48 and a project duration of 290
calendar days, which includes storm protection for rooftop mounted equipment
and replacement of existing HVAC equipment. Building 846 is the Department of
Airports’ (Department) Administrative Office building. Due to the lack of redundancy and poor
condition of the existing chiller at Building 846, an extension to the rental
of a temporary chiller was needed until the new chiller was operational. A
supplementary booster pump for the temporary chiller was needed to ensure
adequate chilled water was distributed into the system. Additional spot coolers
were also needed during chiller shutdowns to maintain temperatures in equipment
rooms and staff spaces. The Storm Resiliency Project was delayed due to the
concern that critical equipment requiring replacement might fail if exposed to
excessive temperatures, and due to an unanticipated conflict between the
chiller fan enclosure and protective grating for storm resiliency. Although
provision of temporary cooling was included in the original scope of work, the
duration had to be extended due to the aforementioned reasons. Change Order No. 1 (R2023-0578) extended the
project duration by 167 calendar days. Change Order No. 2 provided for a
deduction from the contingency allowance, which was approved pursuant to the
delegated authority provided in PPM CW-F-050.
Approval of Change Order No. 3 in the amount of $149,935.05 will
increase the Guarantee Maximum Price (GMP) to $1,668,725.53 and extend the
project duration to a cumulative 655 calendar days. An Affirmative Procurement
Initiative (API) of Small Business Enterprise (SBE) Subcontracting (Minimum of
20%) of which a Minority Business Enterprise (MBE) Segmented Subcontracting
Goal of 5% MBEs composed of African American (AA) and Hispanic American (HA)
firms, was established for the Storm Resiliency Project. Lebolo
committed to a 60.6% SBE Subcontracting with a 46.8% participation by AA/HA
firms. The Minority/Women Business Enterprise participation for Change Order
No. 3 is 10.8% Countywide
(AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Staff recommends
motion to:
A) approve a First Amendment (Amendment) to Amended and Restated Fuel Farm
Facilities Lease Agreement (Lease) at the Palm Beach International Airport
(PBI) with Aircraft Service International, Inc., a Delaware corporation, d/b/a
Menzies Aviation (Menzies); providing for the lease of approximately 98,711
square feet of additional unimproved ground for the construction of a fuel
containment area; extending the term of
the Lease for six (6) additional years
to June 30, 2030, with two (2) renewal options of two (2) years each for an
initial annual rental of $398,460.64; providing for a minimum capital
expenditure by Menzies of $2,053,000 for fuel farm improvements; and providing
a rental credit in an amount not to exceed $1,200,000 upon completion of the
fuel farm improvements; and
B)
approve a Budget Transfer of of $1,200,000 in the
Airport’s Improvement and Development
Fund including a transfer from Reserves in the amount of $1,200,000.
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Summary: Menzies leases and operates the commercial aviation fuel farm at PBI and
provides into-plane fueling services to airlines. The Amendment requires
Menzies to invest a minimum of $2,053,000 to complete various improvements
necessary for the safe and efficient operation of the fuel farm, including the
construction of a fuel containment area for fuel truck storage. The airlines
have contracts with Menzies for fuel storage in connection with their
operations. Menzies, as well as
third-party providers, operate fuel trucks to provide into-plane fueling
services from the fuel farm to commercial aircraft. Menzies subleases space for
the storage of fuel trucks to third party into-plane providers selected by the
airlines. The fuel farm requires an additional fuel containment area for the
storage of fuel trucks operated by third party providers as a secondary
containment measure in the event of a fuel spill. The Amendment includes the
lease of approximately 98,711 square feet of additional unimproved ground for
construction of the fuel containment area. The current annual rental is
$319,491.84, which will increase to $398,460.64 with the addition of the fuel
containment area. Rental will be
adjusted based on appraisal on October 1, 2025, which will take into
consideration the value of the improvements to be completed by Menzies. The
Amendment provides for a rental credit in an amount not to exceed $1,200,000 to
reimburse Menzies for a portion of the costs of the improvements upon
completion of the work. The Lease currently expires on June 30, 2024. This Amendment will extend the Lease for six
(6) additional years to June 30, 2030, with two (2) additional two-year options
to renew. Rental adjustments will occur
every three (3) years thereafter based on appraisal, subject to a consumer
price index cap. The Amendment also updates the liquidated damages provisions
for certain failures that cause impacts to or delays in flight operations,
including the failure to provide timely access to the fuel farm facilities,
resulting in a delay of a scheduled flight.
A budget transfer is necessary to establish budget for the rental credit
and includes a transfer from Reserves in the amount of $1,200,000. Countywide
(HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5. Staff recommends
motion to approve: On-Demand Ground Transportation Concession
Agreement (Agreement) with 4R Services LLC (4R Services), a Florida limited
liability company, for the provision of on-demand ground transportation
services at the Palm Beach International Airport (PBI), commencing on July 1,
2024 and expiring on September 30, 2027, with three (3) additional one-year
options to renew; providing for payment of per trip fees by 4R Services to the
County of $3.50 per taxicab/sedan trip; and providing for payment to 4R
Services for dispatching services from July 1, 2024 through September 30, 2024,
in the amount of $39,434 per month. Summary: The
Agreement provides for on-demand taxicab and non-metered luxury sedan services,
including dispatching, at PBI, commencing on July 1, 2024, and expiring on
September 30, 2027, with three (3) additional one-year options to renew. On January 12, 2024, Request for Proposals
(RFP) PB 24-4 was issued for on-demand ground transportation services at PBI. 4R Services was the sole responsive proposer
to the RFP. The Agreement provides for
payment of per trip fees at the then current rate, which is $3.50 per trip as
of the effective date of the Agreement.
The Department of Airports will be recommending the award of an Airport
Ground Transportation Management Agreement to a new ground
transportation management company, SP Plus Corporation (GT Manager), commencing
on July 1, 2024. The new GT Manager will
manage all modes of ground transportation at PBI, including ground
transportation services provided by on-demand and prearranged ground transportation providers
and transportation network companies. 4R Services will provide dispatching
services for on-demand ground transportation on an interim basis from July 1,
2024, through September 30, 2024, at a base rate of $39,434 per month, which
will provide the new GT Manager the opportunity to hire and train staff. In the
event dispatching services are required outside of regular operating hours due
to unanticipated flight delays, diversions or other similar circumstances, the
Agreement provides that 4R Services will be paid for dispatching services based
on a fully burdened hourly rate based on the category of employee. The
Agreement also provides for reimbursable expenses of up to $20,000 associated
with dispatching services. The County will have the right to terminate
dispatching services upon 15 days’ prior written notice during the three-month
period in the event the GT Manager completes the hiring and training process
earlier. The Agreement also provides the County with the option to require
dispatching services for on-demand ground transportation in the future in the
absence of a third party ground transportation manager. An Airport Concession Disadvantaged Business
Enterprise (ACDBE) contract goal of 10% was established for this Agreement. 4R
Services is a certified ACDBE and has committed to ACDBE participation of 98%.
Item 5B-2 on this agenda is a companion to this item. Countywide (AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
6. Staff recommends
motion to receive and file: American Rescue Plan Act of 2021
(ARPA) Concession Relief Plan and
Allocation Award Summary (Concessions Relief Plan), providing for the allocation
of economic relief awards to concession operators at the Palm Beach
International Airport (PBI) in the amount of $2,964,535, pursuant to Federal
Aviation Administration (FAA) Concession Rent Relief Airport Rescue Grant
Offer, Grant No. 3-12-0085-070-2022 (R2022-0336) (ARPA Grant). Summary: The ARPA Grant was issued on January 6,
2022, providing for economic relief to eligible operators at PBI in the total
amount of $2,964,535. The Department of Airports submitted the Concessions
Relief Plan to the FAA for review, which provided for the allocation of the
funding in accordance with the ARPA Grant requirements. The FAA approved the
Concession Relief Plan on March 1, 2024. In accordance with ARPA Grant
requirements and the approved Concession Relief Plan, economic relief was
provided to eligible concessionaires in the form of credits against amounts
payable to the County, which were fully reimbursed to the County by the
FAA. Delegation of authority to
administer the Concessions Relief Plan in accordance with FAA grant
requirements was provided by the Board of County Commissioners pursuant to
R2021-1028. Countywide (AH)
7. Staff recommends
motion to receive and file: Ground Lessor’s Estoppel Certificate (Estoppel) to Connectone
Bank, dated as of March 7, 2024, in connection with the Development Site Lease
Agreement (Lease) between Palm Beach County and PBI Post Distr. LLC (Post)
dated December 19, 2017 (R2017-1892, as amended). Summary: The Lease provides for the construction,
operation and maintenance of a warehouse facility on approximately 7.5 acres on
the south side of Wallis Road, between Military Trail and Haverhill Road, west
of the Palm Beach International Airport.
On June 11, 2020 (R2020-1012), the County consented to Post’s sublease
of the leasehold premises to PBI Wallis Distr. LLC (Wallis). Wallis has obtained a leasehold mortgage and
the lender requested the Estoppel to confirm key details of the Lease,
including rental, dates and other provisions.
Delegation of authority for execution of the Estoppel was approved by
the Board of County Commissioners in R2017-1892. Countywide (HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
8. Staff recommends
motion to approve: A Contract with Ranger Construction
Industries, Inc. (Ranger) in the amount of $730,000 for a project duration of
158 calendar days for the Runway 10-28 Surface Treatment Project (Project) at
Palm Beach County Park Airport (Lantana Airport). Summary: The Project was
first advertised on April 9, 2023, utilizing the County’s competitive bid
process; however, the process was cancelled because a single bid was received
that exceeded the available budget. The Project was re-advertised on February
4, 2024. On May 7, 2024, one (1)
responsive bid was received for the Project in the amount of $943,650 from
Ranger; however, the bid exceeded the Engineer’s Opinion of Probable
Construction Cost (OPC) and available budget. Ranger voluntarily agreed to
reduce its bid to the OPC of $730,000 with no change to the specifications or
conditions of the Invitation for Bid. Section 2-54(c)(6)(3) of the Palm Beach
County Purchasing Code (Code) provides that nothing in the aforementioned
section of the Code “is intended to prohibit the acceptance of a voluntary
reduction in price from the lowest responsive, responsible bidder after bid
opening, provided such reduction is not conditioned on, or does not result in,
the modification or deletion of any specifications or conditions contained in
the Invitation for Bid or alter the determination of which bidder is to be
awarded the bid or portion thereof”. The voluntarily reduction agreed to by Ranger
is in compliance with Section 2-54(c)(6)(3) of the
Code. Ranger is a Palm Beach County, Florida company. The Project includes a
pavement surface treatment, pavement patching and repairs, and remarking of
Runway 10-28 at the Lantana Airport. A
Disadvantaged Business Enterprise (DBE) goal of 12.6% was established for this
Project. Ranger committed to 14.33% DBE
participation. Countywide (AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a
Budget Transfer from School Impact Fee Zone 1 reserve account to School Impact
Fee Zone 1 appropriation account for $19,000,000. Summary: Impact fees
budgeted in reserve accounts cannot be appropriated until funds have been
collected. This budget transfer recognizes school impact fee revenues as of May
6, 2024 and allow for their appropriation so that the County may remit funds to
the School District in accordance with Article 13 of the Unified Land
Development Code (ULDC). Countywide (RM)
2. Staff recommends
motion to receive and file: The Annual Report
for the Fiscal Year ending September 30, 2023 from the Lake Clarke Shores
Community Redevelopment Agency (LCS CRA). Summary:
The LCS CRA has submitted its Annual Report for the Fiscal Year ending
September 30, 2023 as per section number 163.371(2), Florida Statutes. Countywide (DB)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
3. Staff recommends
motion to approve:
A) The Re-estimated Infrastructure Surtax Project Plan;
and
B) A Budget Transfer of $112,171,154 in the Local
Government One-Cent Infrastructure Surtax capital project fund to fund various
capital projects.
Summary: On November 8, 2016, the voters
of Palm Beach County approved a one-cent Infrastructure Surtax (IST) beginning
on January 1, 2017 and extending for 10 years with a possible early termination
if the same were to generate $2.7 billion before September 1st of
any year. The approval of the surtax also provided for the creation of an
oversight committee to audit spending for compliance with approved projects,
and established the following revenue allocations: 50% to the School District,
30% to the County, and 20% to the Municipalities. The proceeds of the sales
surtax provide for financing the renewal and replacement of existing capital
investments including roadway surfaces, bridges, drainage improvements, canals,
park amenities, and government buildings, all of which were deferred during the
recession, and projects to maintain levels of service. The project plan to
implement the IST funded projects was approved on April 4, 2017. On November
23, 2021, staff presented the re-estimated IST project plan to the Board of
County Commissioners (Board) after a vote of recommendation from the
Independent Citizen Oversight Committee (Committee) on November 18, 2021. Staff re-estimated projects based on current
construction costs and revised scopes.
The original adopted plan totaled approximately $709.4 million and the
re-estimated plan increased to $924 million.
On November 28, 2023 and January 30, 2024, staff presented project
shortfalls to the re-estimated IST project plan to the Board. On May 16, 2024, the Committee voted to
accept the funding plan presented by staff. The budget transfer will increase
the current budget by $112,171,154. The Engineering and Public Works project
plan will remain at $263,031,210; the Facilities Development & Operations
project plan will increase from $503,986,321 to $516,793,697; and the Parks and
Recreation project plan will increase from $161,005,002 to $225,729,002. Countywide
(MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an increase to the maximum dollar value of the
annual minor construction contract by $5,000,000 for general minor construction
services on an as-needed basis through February 10, 2025. Summary:
On February 11, 2020, the Board of County Commissioners (Board) approved the
annual minor construction contract (R2020-0142 through R2020-0151). The work
consists of construction services associated with repairs, improvements and
renovations to County-owned properties on an as needed basis. To date, the
County has awarded $21,078,774.08 in work orders. Staff is requesting the
cumulative limit be increased by $5,000,000 for a total cumulative value of
$30,000,000 in order to accommodate additional anticipated new projects
required to be accomplished before the term of this contract expires on
February 10, 2025. Work will be awarded as work orders on a lump-sum,
competitively bid basis across all prequalified contractors. Contractors may
qualify at any time and be added to this annual minor construction contract
before the term ends. Projects less than $100,000 are bid among the pool of
certified Small Business Enterprise (SBE) contractors, when three (3) or more
small businesses are qualified under the contract. Projects $100,000 or greater
are advertised on the vendor self-service (VSS) website and are bid among the
pool of pre-qualified contractors while projects $200,000 or greater are
advertised on the VSS website and additionally advertised in the newspaper. The
bidding pool is further expanded, for projects $100,000 or greater, to include
additional bidders responding to the specific project advertisement that submit
a qualification application at least ten (10) calendar days before the bid due
date. The annual minor construction contract was presented to the Goal Setting
Committee on August 21, 2019 and the Committee established three Affirmative
Procurement Initiatives (APIs): 1) sheltered market for projects under
$100,000; or 2) a 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. Actual Small/Minority/Women Owned
Business Enterprise (S/M/WBE) participation will be tracked cumulatively for
all work orders issued. To date, the cumulative S/M/WBE participation for all
work orders under the annual minor construction contract is 62.67%. (Capital
Improvements) Countywide (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: Change Order No. 3 to Amendment No. 11 to the
continuing Construction Manager (CM) at Risk Services contract (R2018-1161)
with Lebolo Construction Management, Inc. for the
Melissa’s Place Lake Village at the Glades playground installation project in
the amount of $88,367.41, increasing the project duration by 276 calendar
days. SUMMARY: On October 6, 2023, the Department of Housing
and Economic Development issued a Notice of Funding Availability (NOFA) making
$1,372,640 in IFAHAP funding available from Palm Beach County’s Fiscal Year
2023 allotment funding cycle. RLWA submitted an application in response to the
NOFA. Staff recommends that up to $292,691 be provided as a credit for impact
fees associated with the construction of 195 rental apartments in three
five-story buildings located at 2431 2nd Avenue North, Lake Worth
Beach, FL 33461. RLWA will be given credits for Roads Zone 2 Impact Fees ($244,327),
Parks Zone 2 ($14,724), and Public Building Impact Fees ($33,640) for the
construction of the Residences of Lake Worth Beach project. RLWA will pay impact fees above the allocated
$292,691. The Certificate of Award and related documents will be issued to the
entity identified herein and its successors and/or assigns. According to IFAHAP
requirements, the units will be rented to persons with income at or below 140%
of Area Median Income (AMI) for no less than 50 years. However, RLWA
will provide 165 units at 110% AMI or below. These funds are from interest earned by the Impact Fee Fund.
District 3 (HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: Change Order No. 2 to Amendment No.1 (R2023-1300)
to the Construction Manager (CM) at Risk Services contract (R2021-0750) with
Kaufman Lynn Construction, Inc. for the Lake Lytal
Aquatic Complex-Phase 1 Tree Relocation project in the credit amount of
$172,885.90. Summary: On
September 19, 2023, the Board of County Commissioners (Board) approved
Amendment No. 1 (R2023-1300) to the CM at Risk Services contract (R2021-0750)
with Kaufman Lynn Construction, Inc. in the amount of $1,417,763.41
establishing a Guaranteed Maximum Price (GMP) for construction management
services for the Lake Lytal Aquatic Complex-Phase 1
Tree Relocation project. The Phase 1 Tree Relocation includes, but is not
limited to, the mobilization/relocation of one hundred sixty-nine (169) trees,
removal of one hundred nineteen (119) trees and supplemental watering of the
relocated trees for a period of twenty (20) to twenty-four (24) months. Change
Order No. 2 to Amendment No. 1 (Change Order No. 2) authorizes the final
reconciliation for the project which includes the return of unused general
conditions funds as well as the return of unused project contingency funds. The
solicitation for the CM at Risk Services contract was advertised on April 8,
2018 according to the prior Small Business Enterprise (SBE) Ordinance in place
at the time. This GMP is under the Equal Business Opportunity (EBO) Ordinance.
On June 7, 2023, the Goal Setting Committee (GSC) established an Affirmative
Procurement Initiative (API) of an SBE Price Preference where an SBE contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. The CM is not a certified SBE, but has partnered with
M.C.O. Construction and Services, Inc., a Small/Minority/Woman-Owned Business
Enterprise (S/M/WBE), for construction management services. There is no SBE
participation for this change order. To date, the overall SBE participation on
this contract is 66.37%. The Construction Manager 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)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve:
A) Amendment No. 1 to the Construction Manager
(CM) at Risk Services contract (R2021-0904) with Verdex
Construction LLC (CM), establishing a Guaranteed Maximum Price (GMP) in the
amount of $18,090,931 for the new Mosquito Control Division Compound (Project)
for a period of 581 calendar days from notice to proceed; and
B) an Agreement for Art Services with Reinaldo Correa Studio LLC in the amount of $175,000 for
the design, permitting, fabrication and installation of “Droplet” sculptural
installation for the Project.
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Summary: On July 13, 2021, the Board of County
Commissioners (Board) approved the CM at Risk Services contract (R2021-0904)
with the CM for the Project. The Project is to be located on an approximately
5.86 acre undeveloped site at the intersection of Lantana Road and 95th Avenue
South in unincorporated Lantana. The existing Mosquito Control Facility has
reached the end of its useful life and requires replacement. The decision to
build a new facility, on a separate County-owned property in close proximity to
the existing facility, was made to allow continued operations during
construction while simultaneously addressing additional office/laboratory and
storage needs. The Mosquito Control Division is responsible for maintaining
levels of arthropod control that will protect human health/safety in the
surrounding community. The Project entails a new chemical storage building,
office/laboratory building, a replacement fuel island, surface parking for
deliveries, visitors and employees, site clearing and infrastructure
improvements to facilitate the construction of the new buildings and required
site amenities. Amendment No. 1 establishes a GMP in the amount of $18,090,931
for the construction management services necessary for the construction of the
Mosquito Control Division Compound. Work includes, but is not limited to, the
construction of 6,043 square feet of Office and Laboratory, 6,200 square feet
of Chemical Storage, 4,800 square feet of Equipment Storage and Workshop, 9,840
square feet of Vehicle Storage, Fuel Island with accompanying dispensers, kiosk
and underground fuel storage tank. The CM will have 581 calendar days from
notice to proceed to substantially complete the construction phase of the
Project. Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $670
per day. The CM was selected through a
competitive solicitation in accordance to the Equal Business Opportunity (EBO)
Ordinance. On April 19, 2023, the Goal Setting Committee (GSC) established for
the GMP, an Affirmative Procurement Initiative (API) of 20% mandatory Small
Business Enterprise (SBE) participation, of which 5% must be African American
and/or Hispanic American businesses. The SBE participation on the construction
trade contracts for this GMP is 30.40%, of which 5.86% is African American
and/or Hispanic American businesses. In accordance with Attachment 3 of Policy
and Procedures Memorandum (PPM) CW-O-043, the GSC applies the APIs applicable
to the construction phase of the contract (i.e. the subcontracts) before
subcontractor bidding so that the SBE participation for the GMP is based on the
subcontracting trades associated with the GMP and does not include the CM’s
fees.
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Summary (cont’d.): The CM is not a
certified Small/ Minority/ Women-Owned Business Enterprise (S/M/WBE), but has
partnered with Total Solution Contractors, Inc., a Small/Minority Business
Enterprise (S/MBE) CM contractor, for construction management services in an
amount no less than 20% of the contracted preconstruction and construction
services as well as 20% of the CM fees. The CM is a local business. On May 25,
2023, a selection committee comprised of the Public Art Committee, Mosquito
Control Division Director and representative of Song and Associates, Inc.
(project architect) unanimously recommended the proposal entitled “Droplet” by
artist Reinaldo Correa (dba Reinaldo
Correa Studio LLC) as the Art in Public Places installation for the Project.
“Droplet” is planned to be sited along the site’s Lantana Road frontage for
visibility to passing motorists and pedestrians and to identify the presence of
the facility. “Droplet” consists of an
enlarged mosquito sculpture with an accessory illuminating element replicating
a drop of water that serves as a catalyst for mosquito proliferation and
symbolizes the potential of individuals and communities to effect positive
change “drop by drop” through the gradual accumulation of knowledge,
enlightenment and awareness. The Agreement provides for all design, permitting,
fabrication and installation services required to complete the installation
concurrent with construction completion of the Project. The Agreement is for a
total amount of $175,000 and duration of 619 days. The Facilities Development
& Operations Director may authorize time extensions under terms of the
Agreement on a cumulative basis not to exceed thirty (30) days. Funding for this project is from the Public
Building Improvement Fund and the $54.656M NAV Pub Imp Rev Bonds, Series 2023C,
issued to support construction of the project and others. (Capital Improvements
Division/Strategic Planning) District
6/Countywide (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: First Amendment to the Amended and Restated Agreement
(R2019-0845) (Agreement) with St. Mary’s Medical Center, Inc. (Participant), to
extend the term of the Agreement for interoperable communications through the
countywide emergency medical services (EMS) and common talk groups of the
County’s Public Safety Radio System (County’s System) from June 18, 2024
through June 17, 2029. Summary: The Agreement
(R2019-0845), which provides the terms and conditions under which the
Participant can program its radios and utilize the countywide EMS and common
talk groups for certain types of interagency communications, expires on June
17, 2024. This Agreement provided for two (2) renewal options, each for a
period of five (5) years. The Participant has approved an amendment to extend
the term of the Agreement to June 17, 2029, and the renewal now requires
approval by the Board of County Commissioners (Board). The terms of the
Agreement are standard and have been offered to all hospitals and ambulance
service providers with 800 MHz trunked radio capabilities. There are no charges
associated with this Agreement. The Participant is required to pay all costs
associated with Participant’s subscriber units and to comply with the
established operating procedures for the County’s System. The Agreement may be
terminated by either party, with or without cause, upon ten (10) days prior
written notice to the other party. The first amendment extends the term of the
Agreement, updates the standard operational provisions, and adds the E-verify
provision. Other than the changes set forth herein, all other terms remain the
same. (ESS) Countywide (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to receive and file: a Loan Agreement with Harper Court Housing,
LLC, for Community Development Block Grant Coronavirus (CDBG-CV) Funds in the
amount of $1,611,797. SUMMARY: The
Loan Agreement with Harper Court Housing, LLC, provided $1,611,797 (the “Loan”)
in CDBG-CV funds toward the acquisition and rehabilitation of a vacant motel
located at 308 N. Main Street, Belle Glade. The eighteen (18) County assisted
studio units will be provided to persons with incomes at 80% of the Area Median
Income or below for no less than 50 years.
The Loan will be secured by a mortgage at a rate of one percent 1% per
annum amortized over a period of 50 years.
Total development cost is $2,249,000.
The County-assisted per unit cost is $89,544. The
document has been executed on behalf of the Board of
County Commissioners (BCC) by the Director
of the Department of Housing and Economic Development (DHED) in
accordance with Agenda Item 6C-2, as
approved by the BCC on January 23, 2024 that delegated authority to the County
Administrator or designee to execute agreements, amendments thereto, and all
other related documents necessary for project implementation. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda
item. These are Federal
CDBG-CV grant funds that do not require a local match. District 6 (HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
2. Staff recommends
motion to:
A) approve an Impact Fee Affordable Housing Assistance
Program (IFAHAP) funding award in the total amount of $292,691 to Richman Lake
Worth Apartments, LLC (RLWA);
B)
authorize the Mayor to execute a Certificate of Award to be released to the
recipient pursuant to IFAHAP Guidelines;
C)
approve a Budget Transfer of $244,327
in Impact Fee Assistance Program – Roads Zone 2 to appropriate funds for
RLWA;
D)
approve a Budget Transfer
of $14,724 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds
for RLWA; and
E)
approve a Budget Transfer of $33,640 in Impact Fee Assistance Program – Public
Building to appropriate funds for RLWA.
SUMMARY: On October
6, 2023, the Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $1,372,640 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2023 allotment funding cycle. RLWA submitted an
application in response to the NOFA. Staff recommends that up to $292,691 be
provided as a credit for impact fees associated with the construction of 195
rental apartments in three five-story buildings located at 2431 2nd
Avenue North, Lake Worth Beach, FL 33461. RLWA will be given credits for Roads
Zone 2 Impact Fees ($244,327), Parks Zone 2 ($14,724), and Public Building
Impact Fees ($33,640) for the construction of the Residences of Lake Worth
Beach project. RLWA will pay impact fees
above the allocated $292,691. The Certificate of Award and related documents
will be issued to the entity identified herein and its successors and/or
assigns. According to IFAHAP requirements, the units will be rented to persons
with income at or below 140% of Area Median Income (AMI) for no less
than 50 years. However, RLWA will provide 165 units at 110% AMI or below.
These funds are from interest earned
by the Impact Fee Fund. District 3 (HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. Staff recommends
motion to approve: An
Agreement with Florida International University Board of Trustees (FIU) for
$30,000 in Community Development Block Grant (CDBG)
Program funds to provide an assessment report and needs analysis for
affordable/workforce housing units within Palm Beach County. SUMMARY: This Agreement provides for FIU to
analyze and report on Palm Beach County’s affordable and workforce housing
needs and housing demands and potential shortfall for the next 10 years. The
Agreement details the FIU approach and methodology for calculating the number
of additional affordable/workforce housing units and will provide an analysis
based on various Area Median Income categories.
This report is being done in an effort to gain greater clarity and
understanding of the current and future housing demands within the County. The projected report completion date is
September 30, 2024. These are Federal CDBG funds which do not require a local match. Countywide (HJF)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Change
Order (CO) No. 2 for the Wellfield
Improvements Phase 2 (Project) with Florida
Design Drilling LLC (FDD) in the amount of $218,830.67 and for a Contract
project time extension of 80 calendar days.
Summary:
On December 21, 2021, the Board of County Commissioners approved the Palm Beach
County Water Utilities Department (PBCWUD) Contract (R2021-1923) with FDD. The Project provides for the replacement of
five (5) wells in Lake Worth, the rehabilitation of four (4) surficial
production wells located in West Palm Beach, electrical cable upgrades at eight
(8) surficial wells in West Palm Beach, and installation of fiber optic cable
looping for wells located in Lake Worth.
Change Order No. 2 includes additional costs to install ductile iron filler
flanges for wells 8W-6 and 8W-23, drill well 2W-5R in a new location, and
install two (2) electrical manholes between PMH-10 and well 8W-3. Time
extensions are provided for electrical work delays due to additional tree
removal, ground penetrating radar (GPR) work, 4160V transformers and variable
frequency drive (VFD) delivery delays. The second interim milestone was delayed
by 87 calendar days, while the third and fourth interim milestones were delayed
by 265 calendar days. These time extensions did not impact the overall
construction duration. Electrical work delays associated with the fifth interim
milestone resulted in a delay of 210 calendar days which added 80 days to the
substantial and final completion deadlines and the Contract time overall. The
Project was procured under the requirements of the Equal Business Opportunity
(EBO) Ordinance. On September 14, 2020,
the Goal Setting Committee applied an Affirmative Procurement Initiative (API)
of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting
participation of which 5% shall be among certified African American and/or
Hispanic American owned firms. The Contract with FDD provides for 28.55% SBE
participation which includes 11.58% M/WBE participation, 10.77% MBE (B), 0.09%
MBE(H), 0.72% WBE. Change Order No. 2 includes 15.36% SBE participation, which
includes 5.90% MBE participation, 5.90% MBE (B). The cumulative SBE participation, including
Change Order No. 2 is 28.25%, which includes 11.43% M/WBE, 10.63% MBE (B), 0.08% MBE (H), 0.70% WBE. FDD is a Palm Beach County based
company. The Project is included in the PBCWUD FY24 budget. (PBCWUD
Project No. 19-022) District 2 (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to:
A) accept
a non-standard Utility
Easement (Utility Easement);
B) accept a non-standard Temporary Construction Easement (Construction Easement);
and
C) authorize the County Administrator, or Director of Palm Beach County Water Utilities
Department (PBCWUD, to execute time extensions and amendments that do not substantially change the terms
or conditions of the easement agreements. Both easements are granted by
the City of Greenacres (City) to Palm Beach County
(County) on property located at Lift Station No. 5015, Greenacres,
Florida.
Summary: The
Utility Easement will cover an additional area required for the conversion of
the existing Lift Station No. 5015 from a wet well type lift station to a repump station. The Utility Easement will extend east from
the current lift station site and will require the filling of approximately 60
feet of the City’s Canal B. The
Construction Easement will provide for the construction of the rerouted storm drainage
system to Canal B. A new access road to Canal B will be created over the storm
pipes, both the road and the storm pipes will be the responsibility of the City
upon completion of the project.
Construction of the repump station will be
facilitated by the Construction Easement.
The City will retain the right of continuing use of the Construction
Easement area as an access and other use during construction, which Easement
require Board of County Commissioners approval as it contains certain
non-standard conditions not contained within PBCWUD’s standard utility
easement. The non-standard conditions
include but not limited to right of usage; use limitations; maintenance, repair
and restoration; prohibition against liens; insurance; indemnification, no dedication;
prohibition against assignment; reservation of rights; waste or nuisance; and
governmental regulations. The Risk
Management Department and County Attorney’s Office have reviewed the
indemnification requirements of the Non-Standard Temporary Construction
Easement and advised staff accordingly. Given that liability is limited to
County’s exercise of the rights granted under and use of the Temporary
Construction Easement and the statutory caps of Section 768.28, Florida
Statutes, staff recommends Board approval.
(PBCWUD Project No. 21-062)
District 3 (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to approve: Work Order (WO) No. 2 to the 2023 Lift
Station Rehabilitation Continuing Construction Contract (Continuing Contract)
with Hinterland Group Inc., (Contractor) for the Air Release Valve Manhole
Adjustments Along Seminole Pratt Whitney Road
(Project) in the amount of $431,550.01. Summary:
On January 23, 2024, the Board of County Commissioners approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2024-0069) with
Contractor. WO No. 2 provides for the adjustments of 19 air release valves
(ARVs) manholes along the Seminole Pratt Whitney Road from East Aintree Road to East Yorkshire Drive. The project involves
excavating and removing existing manhole rings and covers, adjusting the
manholes to match the existing grade elevation, installation of temporary
asphalt, conducting density tests around each manhole, and site restoration
within Palm Beach County (PBC) right-of-way limits. The Contract was procured
under the requirements of the Equal Business Opportunity Ordinance. On June 7,
2023, the Goal Setting Committee
applied an Affirmative Procurement Initiative 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.
The Contract provides for 26% SBE
participation, which includes 26% MBE participation, 26% MBE (B). WO No.
2 includes 0% SBE participation, which includes 0% MBE participation, 0% MBE
(B). The cumulative SBE participation including WO No. 2 is 0% SBE, which
includes 0% MBE participation, 0% MBE (B). Contractor is a Palm Beach County
based company. The Project is included in the PBCWUD FY24 budget. (PBCWUD
Project No. 24-013) District 6 (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
4. Staff recommends
motion to approve:
A) Amendment No. 4
to the Contract for Consulting/Professional Services Secondary Clarifier and
Effluent Filtration Improvements Engineering Services (Contract) with Hazen and
Sawyer, P.C., (Consultant) to extend Contract by an additional 280 calendar
days, increase the not to exceed amount by $931,423 and the lump sum by $61,932
for a new not to exceed amount
of $993,355; and
B) a Budget Transfer of $294,000 in the Water Utilities Department’s
Capital Improvement Fund from Wastewater Force Mains to fully fund the project.
Summary: On
December 19, 2017, the Board of County Commissioners (BCC) approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2017-1912) with Consultant
to provide engineering services during the design, permitting, bidding, and
construction phases for the Secondary Clarifier and Effluent Filtration
Improvements (Project) at Southern Region Water Reclamation Facility (SRWRF).
Amendment No. 4 will extend the Contract duration for the remainder of the
construction and allow the Consultant to provide additional coordination and
engineering services during construction.
This Contract was procured under the requirements of the 2002 Small
Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the
new Equal Business Ordinance on October 16, 2018. The SBE participation goal established under
the 2002 SBE Ordinance was 15% overall participation. The Contract provides for 21% SBE participation. Amendment No. 4 includes 3.99% SBE
participation. The cumulative SBE participation including Amendment No. 4 is
17.8% SBE. The Consultant is headquartered in New York, New York, but maintains
an office in Palm Beach County from which the majority of the work will be
performed. The Project is included in
the PBCWUD FY23 budget. (PBCWUD Project No. 17-022) District 5 (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
5. Staff recommends
motion to:
A) authorize the Palm Beach County Water Utilities
Department (PBCWUD) to pursue funding from the Florida Department of
Environmental Protection (FDEP) Water Quality Improvement Grant Program for a
grant amount estimated up to $250,000 for the East Main Street Sanitary Sewer
Lateral Installation Project (Project);
B) delegate authority to the
County Administrator, or her designee
which in this case shall be the Director of PBCWUD, to sign all grant application
forms and supporting documents and complete all registration requirements that do not substantially change the scope of
work, terms, or conditions; and
C) delegate authority to the
County Administrator, or her designee
which in this case shall be the Director of PBCWUD, to execute the forthcoming
grant agreement and all future time extensions, task assignments,
certifications, and other forms associated with the forthcoming grant agreement
and any necessary minor amendments that do not substantially change the scope
of work, terms, or conditions of the forthcoming grant agreement.
Summary: The FDEP has allotted funding for
Fiscal Year 2024-25 to address wastewater (including septic to sewer), stormwater and agricultural sources of nutrients in waterbodies
that are not attaining nutrient or nutrient-related standards, have an
established total maximum daily load or are located within a basin management
action plan area, a reasonable assurance plan area, an accepted alternative
restoration plan area, or a rural area of opportunity under Section 288.0656,
Florida Statutes. The objective of the
Project is septic to sewer conversions whereby it will connect onsite septic
systems to the centralized wastewater collection system and improve water
quality. No local match is required for the grant, since the Project is located
in a Rural Area of Opportunity. District 6 (MWJ)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A)
accept a Release of Reservation for Phosphate, Minerals, Metals and Petroleum,
including related mining and development privileges, from the Town of Lake Park
(Town) for a portion of Lake Park Scrub Natural Area (Natural Area); and
B)
approve a Release of Reservation for Phosphate,
Minerals, Metals and Petroleum, including related mining and development
privileges, in favor of the Town for certain lands located north of the Natural
Area.
Summary: On July 11, 2000, the County and Town entered into an Interlocal Agreement (R2000-0998) in which the County
agreed to convey approximately 2.674 acres of land north of the Natural Area to
the Town for the proposed westward extension of Park Avenue. In exchange, the
Town agreed to convey approximately 2.794 acres of environmentally sensitive
land to the County for incorporation into the Natural Area. When the County conveyed the 2.674 acres to
the Town (OR Book 11995, Page 858), it reserved “…an undivided three fourths
interest in, and title in and to an undivided three-fourths interest in, all
the phosphate, minerals, and metals that are or may be in, on, or under the
said land and an undivided one-half interest in all the petroleum that is or
may be in, on, or under said land with the privilege to mine and develop the
same” (Reservations). When the Town
conveyed the 2.794 acres to the County (OR Book 11995, Page 853), it conveyed
the land subject to identical Reservations.
Staff recommends the reciprocal release of Reservations held by the Town
and County for the following reasons: 1) mining or development of either of the
subject lands for phosphate, minerals, metals or petroleum would be contrary to
the lands’ intended use; 2) there is no reason to believe that either tract
contains any phosphate, etc. of significant marketable value; and 3) release of
the Town’s Reservations from the County-owned tract would allow the County to
apply for a grant to help pay for the construction of public use facilities on
the Natural Area. On May 1, 2024, the
Town’s Commission voted to release the Town-held Reservations that encumber the
County-owned tract in exchange for the County’s release of Reservations over
the Town-owned tract. The reciprocal
release of Reservations by the Town and County is not expected to have any
fiscal impact. District 7 (SS)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
2. Staff recommends
motion to approve: the Detailed Work Plan Budget – Arthropod Control
(Budget) and Integrated Mosquito Management Plan (Work Plan) for the State
Financial Assistance Recipient Agreement (Agreement) or State Mosquito Control
Memorandum of Understanding (MOU) with the Florida Department of Agriculture
and Consumer Services (FDACS) for fiscal year beginning October 1, 2024 and
ending September 30, 2025. Summary: The Budget and Work Plan are due to FDACS by
July 15, 2024, as part of the re-application process for state aid for FY2025.
The current MOU No. 30506 was approved by the Board of County Commissioners on May 7, 2024. The
County anticipates receiving a new Agreement or MOU for FY2025 from FDACS in
September to support mosquito control activities as approved by FDACS. An
Agreement would be required if FDACS awards grant assistance to the County, but
the County anticipates there will be no grant assistance awarded for FY2025.
However, even if there is no Agreement for a grant award, an MOU would still be
required by Florida Administrative Code (F.A.C) Rule 5E-13.022 for counties
that are not eligible to receive state aid for control of arthropods, but want
to remain in the state approved program. Under the MOU, the Mosquito Control
Division would be responsible for the completion of monthly deliverables as
stated in the MOU. State aid determination is based on a tier system.
Based on Mosquito Control’s Annual Certified Budget FY2025, FDACS placed
Mosquito Control into Tier 1, which receives no state funding, which resulted in the current MOU instead
of an Agreement. Countywide (SS)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to:
A)
accept the
donation of $108,600 from the Friends of the Mounts Botanical Garden, Inc.
(Friends) for the display of Ribbit the Exhibit at Mounts Botanical Garden of
Palm Beach County (MBG), by J Cobb Group, which includes $3,600 in County staff
charges for the County Art in Public Places (AiPP)
Administrator’s role in contract management, placement of Ribbit the Exhibit
and risk management compliance; and
B) approve
a Budget Amendment in the Cooperative Extension Revenue Fund (Fund 1482) in
the amount of $108,600.
Summary: The Friends
agree to fund all costs associated with Ribbit the Exhibit which covers all
expenses, equipment, installation and County staff charges. This work
will be led by Facilities, Development & Operations (FDO)/AiPP Section and is estimated to cost $108,600 to bring the
Ribbit the Exhibit exhibition to the MBG from December 2024 through May
2025. Ribbit the Exhibit will reinforce MBG’s mission to inspire and
educate through nature, and enhance the sensory experience in the garden. District
2 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: a Memorandum of Agreement for Participating Agencies
Urban Search and Rescue Florida Task Force 1 (FL-TF1) (MOA) with Miami-Dade
County (Miami-Dade) for the participation of Palm Beach County (County) in the
Florida Task Force 1 (FL-TF1) of the National Urban Search and Rescue (USAR)
Response System, commencing upon execution by the parties through August 31,
2025. Summary: FL-TF1
is funded by the Federal Emergency Management Agency (FEMA). Miami-Dade
is the Sponsoring Agency with FEMA for FL-TF1,
and the County was a participating agency between 2009 and 2013. This new MOA
expires on August 31, 2025, and provides for a renewal option for five (5)
years and can be terminated by either party upon a thirty (30) days written
notice. Countywide (SB)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends motion to approve: a twelve (12) month lease agreement between
the Board of County Commissioners (BCC), of Palm Beach County, Florida, and
Nations Bus Corp, a California Corporation, for the leasing of three (3) coach
bus vehicles to operate the Port St. Lucie Express (PSL Express) Regional
Transit Pilot Program, in the amount of $396,000. Summary: The PSL Express Regional Transit Pilot Program
will connect Palm Beach County and St. Lucie County commuters using a motor
coach-style transit service and will travel north and south via I-95 providing
two (2) morning and two (2) evening trips between Gatlin Park in St. Lucie
County and the Intermodal Transfer Center in West Palm Beach. The terms and conditions of the lease
agreement shall commence and are set forth to begin on July 15, 2024, and end
on July 14, 2025. The rental amount for each vehicle is eleven thousand
(11,000) per month. The lease can be
extended up to two (2) times with twelve (12) month extensions with a written notification
of an extension request submitted at least thirty (30) days before the current
term’s maturation date. This lease agreement has been fully funded by a Public
Transportation Grant Agreement (PTGA- G2S14) with the State of Florida
Department of Transportation (FDOT). Countywide (MM)
2. Staff recommends motion to approve:
A)
Memorandum of
Understanding (MOU) between South Florida Regional Transportation Authority
(SFRTA), Broward County Transit (BCT), Miami Dade Public Works (MDPW), and Palm
Tran (PT) setting forth the required co-operation between the Agencies allowing
for the purchase of fares and the successful implementation of SFRTA’s new
mobile application; and
B) API
License and Services Agreement SFRTA Regional App.
Summary:
SFRTA has received
funding form the Broward County Metropolitan Planning Organization (MPO) for
the creation of a Regional Transit Application for South Florida. This project, fully funded by SFRTA through
the MPO will require staff time and a commitment from each transit agency to
meet the funding deadline. The mobile application will serve as a method of
purchasing other transit agency fare media. SFRTA’s application will
transfer the user over to each agencies platform for the purchase of those
fares and for processing. The API agreement will allow the regional
mobile app to leverage the Genfare Link API for Palm
Tran’s Genfare Link. The SFRTA app will use
this API to allow riders who wish to purchase Palm Tran products to create
accounts, and use those products. All data for Palm Tran transactions
will remain within Palm Tran’s Genfare Link. No
personal information for riders will be shared, and credit card payments will
be processed, as they are today in Palm Tran’s system. Countywide (MM)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to receive and file: Four (4) Contracts for Professional Services
(Contracts) with the following Doctoral Psychology
Interns to complete a required 2,000-hour internship that will provide the
interns training and experience in family and youth counseling for the period
August 5, 2024 through July 31, 2025:
A) Christina Castellana
in the amount of $30,500;
B) Maria Fernanda Bayron Vazquez in the amount of $30,500;
C) Yadira Diaz Romero in the
amount of $30,500; and
D) Michelle Sidhom
in the amount of $30,500.
Summary:
The Youth Services
Department’s Residential Treatment and Family Counseling Division (Division) is
an authorized counselor training facility for many colleges and universities
offering degrees in psychology and social work.
Doctoral programs require internships to meet degree and licensing
requirements. The Division is offering
its program as a location to obtain this training. Each intern, at a minimum, is assigned and
completes the workload equivalent of a Therapist. The hourly base rate of a Therapist is $25.16
versus the hourly intern rate of $15.
Additionally, each intern will receive a $500 stipend for health
insurance. On September 11, 2012, Agenda
Item 3X-3 authorized the County Administrator, or designee, to execute future
doctoral psychology intern contracts on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations. The Contracts span two fiscal years.
Sufficient funding is included in the current budget and in the proposed FY2025
budget to meet the County obligations. Countywide
(HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES (cont’d.)
2. Staff recommends
motion to:
A) approve a Cooperative Agreement with the School
Board of Palm Beach County (School District) to continue classroom instruction
for youth in the education program at the Highridge
Family Center (Highridge) for the period July 1, 2024
through June 30, 2026, at no additional cost to the County; and
B) authorize the County Administrator or designee to
sign future standard cooperative agreements/amendments with the School District
for the Highridge Program that do not substantially
change the scope of work, terms or conditions of the agreement.
Summary: Highridge is a three (3)-month residential treatment
program for youth 11 to 16-years-old, who are experiencing problems at home,
with friends or within the community. Since the inception of Highridge in 1996 (formerly known as Sabal
Palm), Palm Beach County Board of County Commissioners (County) and the School
District have maintained a cooperative agreement that allows for the District
to provide educational services to all youth enrolled at Highridge
for the duration of the youths' stay in the program. These services provided by the School
District are at no cost to the County or to the youth in the program. The
number of youth served during the year is census dependent and averages
approximately 150-300 youth per year. On June 5, 2001, Agenda Item No. 3X-2
authorized the County Administrator, or designee, to execute standard
Cooperative Agreements with the School District on behalf of the Board of
County Commissioners after approval of legal sufficiency by the County
Attorney’s Office, and within budgeted allocations. Due to the current revisions to incorporate
the Youth Services Department’s (YSD) certified use of the Sanctuary Model of
Trauma-Informed Care, YSD is requesting an updated delegation for future
agreements with these terms/conditions.
The School District has scheduled this Agreement for approval on its
June 12, 2024 meeting agenda. Countywide
(HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES (cont’d.)
3. Staff recommends
motion to approve:
A) a retroactive Community Based Agency Contract with The Path to College
Foundation, Inc. (Path to College), for the period of June 1, 2024 through
September 30, 2024, in an amount of $25,000 to provide its Summer College and
Career Program;
B) a retroactive Community Based Agency
Contract with Digital Vibez, Inc. (Digital Vibez) for the period of June 3, 2024 through September 30,
2024, in an amount of $171,428, to provide Wellness Workshops and the Kidsfit Jamathon Program;
C) a Budget Transfer of $25,000 in the General Fund from the Evidence Based
Programming Unit (Unit 1451) to fund the cost associated with the Path to
College Foundation, Inc. contract; and
D) a Budget Transfer of $49,000 in the General
Fund from the Planned Parenthood Unit (Unit 2065), transfer of $93,000 in the
General Fund from the College for Kids Unit (Unit 2087), and transfer of
$29,428 in the General Fund from the Evidence Based Programming Unit (Unit
1451) to fund the cost associated with the Digital Vibez,
Inc. contract.
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES (cont’d.)
3. Summary: Path to College’s Summer College and Career
Program (Summer College/Career) will offer leadership development and mentoring
services to assist youth with college and career choices. The Summer College/Career Program will offer
college prep sessions, college tours, a public speaking competition, and
internship matching opportunities and stipends, and is projected to serve 60
youth. Digital Vibez’s
Wellness Workshops and Kidsfit Jamathon
Program (Wellness Workshops) is designed to combat childhood obesity. The Wellness Workshop Program is projected to
serve 600 youth ages 5 – 17 at a number of out-of-school and summer camps in
communities throughout Palm Beach County.
Each Workshop will consist of eight (8) one-hour sessions providing
dance fitness and nutrition education.
Each Workshop series will end with the Kidsfit
Jamathon, providing an opportunity for participants
to engage in various fitness activities and showcase what they have
learned. Community Based Agency
Contracts with College for Kids Inc., d/b/a Take Stock in Children of Palm
Beach County (College for Kids)
(R2021-1290) for its Take Stock in Children PBC program, and Planned
Parenthood of South Florida and the Treasure Coast, Inc. d/b/a Planned
Parenthood of South, East and North Florida (Planned Parenthood) (R2021-1297)
for its Time for Your Teen program, were approved by the Board of County
Commissioners (BCC) in September 2021, for the period of October 1, 2021
through September 30, 2024, for an annual amount of $93,000 and $49,000,
respectively. One (1) of the Budget
Transfers will transfer unspent funding from these two (2) contracts ($49,000
from Planned Parenthood and $93,000 from College for Kids) that were terminated
in FY24. College for Kids and Planned Parenthood contracts were terminated by
the agencies on February 29, 2024, and May 1, 2023, respectively. Approval of
these Budget Transfers will fund summer programming with Path to College and
Digital Vibez.
Both of these contracts include a logic model and reporting measurements
specific to their individual programs. After completion of the contracts,
reports will be generated detailing the progress in meeting performance
measurements. In 2023, Digital Vibez’s Wellness Workshop Program served 798 youth
participants. Eighty-three percent (83%) of youth participants in 2023
demonstrated an increase in knowledge and understanding of nutrition and
diabetes. Countywide (HH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $100,000 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. The Computer
Crimes Unit will use the requested funds to purchase and install a Faraday
room. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $3,809,037. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $3,709,037. The
PBSO certifies that the use of these funds is in accordance with Section
932.7055(5), Florida Statutes. No new positions are needed and no additional
County funds are required. Countywide
(RS)
DD. SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: One
(1) precinct boundary change and one (1) precinct creation, submitted by Wendy Sartory Link, Supervisor of Elections (SOE), as required by
Section 101.001(1), Florida Statutes. Summary: 1 precinct boundary change and 1 precinct
creation are recommended by Wendy Sartory Link, SOE,
due to a Community Development District becoming elected by popular vote.
District 1 (AH)
JUNE 11, 2024
3. CONSENT
AGENDA APPROVAL
EE. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: two fully executed Palm Beach County
FY2024, Category “G” Grant Agreements managed by the
Palm Beach County Sports Commission, Inc. (Sports Commission), on behalf of
the Palm Beach County Tourist Development Council (TDC) with:
A) The ACL, LLC dba
American Cornhole League, LLC, for the promotion of
the American Cornhole League Kickoff Battle, held from
April 3 – 7, 2024, for the term January 3, 2024 – August 7, 2024. This grantee was approved by the TDC on March
7, 2024, in the amount of $44,000; and
B)
Association of Pickleball Professionals, LLC, for the promotion of the Association of Pickleball
Professionals (APP) Vlasic Classic - Delray Beach, held from
April 3 – 7, 2024, for the term January 3, 2024 – August 7, 2024. This grantee was approved by the TDC on
November 9, 2023, 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 (Board) adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for ACL, LLC
dba American Cornhole League, LLC / American Cornhole
League Kickoff Battle were 1,855, and room nights generated for Association of Pickleball
Professionals, LLC /Association
of Pickleball Professionals (APP) Vlasic Classic
-Delray Beach were 2,428. Districts 2 & 7 (YBH)
* * * * * * * * * * * *
JUNE 11, 2024
4. PUBLIC HEARINGS – 9:30 A.M. (Proof of publication)
A. PLANNING,
ZONING & BUILDING
1. Staff recommends motion
to adopt: An Ordinance of the Board of County Commissioners
(BOCC) of Palm Beach County, Florida, Repealing Ordinance 2020-028: The Palm
Beach County Amendments to the Florida Building Code (FBC), 7th Edition, (2020)
Chapter 1, “Administration” (FBC-Building) and Figures 1609.3 (1), (2), and
(3), Basic Wind Speed Maps (FBC-Building), and Appendix F, “Proposed
Construction Building Codes for Turf and Landscape Irrigation Systems”
(FBC-Plumbing); Adopting the Palm Beach County Amendments to the Florida
Building Code (FBC), 8th Edition (2023), Chapter 1, “Scope and Administration”
(FBC-Building), and Figures 1609.3 (1), (2), (3), and (4) Wind Loads and Maps
(FBC-Building), Appendix Q “Tiny Houses” (FBC-Residential), and Appendix F,
“Proposed Construction Building Codes for Turf and Landscape Irrigation
Systems” (FBC-Plumbing); Providing for Applicability; Providing for Repeal of
Laws in Conflict; Providing for Inclusion in the Code of Laws and Ordinances;
Providing for a Savings Clause; Providing for Severability; and Providing for
an Effective Date. Summary: The Florida
Legislature enacted Florida Statutes Section 553.73, mandating a statewide
(FBC) and allowing local governments to adopt their own Administrative Chapter
of the FBC. This proposed ordinance adopts an updated Chapter 1 “Scope and
Administration” of the FBC 8th Edition (2023)
applicable to the unincorporated area of Palm Beach County, and in those
municipalities having an Interlocal Agreement for the
provision of County plan review and inspection services. As in past code updates, this Administrative
Chapter 1 is based on the language adopted by the Florida Building Commission,
along with model language developed by the Building Officials Association of
Florida (BOAF), which was further refined by the Palm Beach County Building Code
Advisory Board (BCAB) and adapted specifically to align with Palm Beach County regulations. Figures 1609.3 (1), (2), (3) and (4) have
been modified pursuant to changes in the FBC 8th Edition (2023), in accordance
with Florida Statutes Section 553.73 and Section 1609.3 of the FBC, and changes
in the reference standard ASCE-7-2022. This section provides for local
governments to clarify and establish specific wind speed/wind borne debris
lines using physical landmarks, whenever possible. This proposed ordinance also
adopts FBC 8th Edition (2023) Appendix Q of the FBC-Residential volume allowing
the construction of tiny houses. This proposed ordinance also repeals and
re-adopts an updated FBC 8th Edition (2023) Appendix F of the FBC-Plumbing
volume regulating new irrigation systems helping to conserve water and protect
the public water supply. These Construction codes shall apply to all irrigation
systems used on residential and commercial landscape areas, excluding use of
reclaimed waters. They address the design requirements, water quality,
materials, installation, inspection and testing for such systems. These
construction codes do not apply to irrigation systems for golf courses,
nurseries, greenhouses, or agricultural production systems. Unincorporated
(RM)
* * * * * * * * * * * *
JUNE 11, 2024
A. AIRPORTS
1. Staff recommends
motion to approve: Agreement for Purchase and Sale (Agreement) of
approximately 9,964 square feet (0.23 acres) of unimproved land referred to as
PBI Parcel No. W-11 (Parcel W-11), located at 4597 Oxford Street, West Palm
Beach, west of the Palm Beach International Airport (PBI) from Eligio LLC (Eligio), for $265,000
plus closing, title insurance, documentary stamps, recording and survey costs
estimated at $5,000. Summary: The Agreement provides for the purchase of
Parcel W-11, which is a vacant residential parcel within the Runway 10L/28R
runway protection zone (RPZ) at PBI, consisting of approximately 9,964 square
feet (0.23 acres) of unimproved land.
Parcel W-11 was appraised by Anderson & Carr,
Inc. in February 2, 2024, for $265,000 and the purchase price is equal to the
current appraised value. The unadjusted
range of comparable sales used in determining the appraised value of Parcel
W-11 range from $25.27 to $31.99 per square foot of land area, which the
appraiser adjusted to $23.52 to $28.80 per square foot, and concluded a market
value of $26.50 per square foot, or $265,000 via the sales comparison
approach. Closing costs are estimated to
be approximately $5,000, including closing, title insurance, documentary
stamps, recording and survey costs. All
purchases, sales and exchanges of real estate must be approved by a supermajority vote (5 Commissioners) pursuant
to Article VI, Section 22-106 of the Palm Beach County Code. Countywide (HJF)
JUNE 11, 2024
5. REGULAR
AGENDA
A. AIRPORTS
(cont’d.)
2. Staff recommends
motion to approve: an Airport Ground
Transportation Management Agreement (Agreement) with SP Plus Corporation (SP+), a Delaware
corporation, commencing on July 1, 2024, and
expiring on September 30, 2025, with the option to renew for up to four (4)
additional years, for the administration, operation and management of the
ground transportation at the Palm Beach International Airport (PBI) in an
amount not to exceed $1,100,000 during the initial term. Summary: The
Agreement provides for the administration, operation and management of all
modes of ground transportation at PBI, including services provided by on-demand
and pre-arranged ground transportation providers and transportation network
companies. Request for Proposals (RFP)
PB 23-9 for an Airport Ground Transportation Management Agreement was issued on
November 20, 2023. SP+ was the sole
responsive proposer to the RFP. The
term of the Agreement commences on July 1, 2024, and expires on September 30,
2025, with the option to renew for up to four (4) additional years. The
Agreement provides for payment of a fixed management fee of $199,500 for the
initial term payable in equal monthly installments, employee expenses based on
a fully burdened hourly rate by category of employee, and specified reimbursable
expenses for a total not to exceed amount of $1,100,000. SP+ will be responsible for all aspects of
the ground transportation program at PBI, including the on-site dispatching for
on-demand ground transportation, management of the ground transportation
management system (GTMS), enrollment of drivers into the GTMS, ensuring
compliance with airport regulations and permit requirements, assisting
passengers as needed with ground transportation services, responding to
customer complaints and ensuring ground transportation services remain
available to satisfy passenger demand.
The Department of Airports is also recommending (via separate item
included in this same agenda) the award of the On-Demand Ground Transportation
Agreement to 4R Services LLC (4R Services) for the provision of taxicab and
non-metered luxury sedan services. 4R Services is the incumbent on-demand
ground transportation service provider pursuant to an Airport Ground
Transportation Services Agreement (R-2021-0416, as amended and assigned) and
currently provides on-site dispatching services for on-demand ground
transportation. In order to provide an
orderly transition to SP+, 4R Services will continue to provide on-site
dispatching services on an interim basis until SP+ completes its hiring and
training process. The agreement with 4R Services for dispatching services will
be terminated upon completion of the process, which is anticipated to take 30
to 45 days. An Airport Concession
Disadvantaged Business Enterprise (ACDBE) contract goal of 10% was established
for this Agreement. SP+ committed to 20%
ACDBE participation. Pursuant to
changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing
body of a medium hub commercial service airport may not approve purchases of contractual
services in excess of $1,000,000 on a consent agenda. This Agreement exceeds the threshold amount
and must be approved on the regular agenda. Item 3F-5 on this agenda is a
companion to this item. Countywide
(AH)
JUNE 11, 2024
5. REGULAR
AGENDA
A. AIRPORTS
(cont’d.)
3. Staff recommends
motion to approve:
A) a Contract with Ranger Construction Industries, Inc. (Ranger) in the
amount of $1,492,339.70 with a project duration of 190 calendar days for the
West Apron Pavement Reconstruction Project (Project) at the Palm Beach County
Park Airport (Lantana Airport); and
B) a Budget Transfer
of $130,000 in the Airport’s Improvement and Development Fund to provide budget
for the Contract, including a transfer from Reserves in the amount of $130,000,
which includes an increase in Project costs of $77,660 for unforeseen
conditions.
Summary: The Project was advertised on January 28, 2024, utilizing
the County’s competitive bid process. On
February 27, 2024, two (2) bids were received for the Project. Ranger, a Palm Beach County, Florida company,
was the lowest responsible/responsive bidder in the amount of $1,492,339.70. The Project will provide for pavement reconstruction on
the western portion of the aircraft parking apron at the Lantana Airport,
including pavement demolition, unclassified excavation, subgrade compaction,
subbase and lime rock base course construction, paving, pavement markings,
drainage improvements and aircraft tie-down anchor removal and
installation. A Disadvantaged
Business Enterprise (DBE) goal of 10% was established for this Project. Ranger committed to 10% DBE
participation. Pursuant to changes to
Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a
medium hub commercial service airport may not approve purchases of contractual
services in excess of $1,000,000 on a consent agenda. This Contract exceeds the threshold amount
and must be approved on the regular agenda.
Countywide (AH)
JUNE 11, 2024
5. REGULAR
AGENDA
A. AIRPORTS
(cont’d.)
4. Staff recommends
motion to approve:
A) Amendment
No. 2 to the Construction Manager (CM)
at Risk Contract (Contract) with
Suffolk Construction Company Inc. (Suffolk) for CM at Risk Services in the
amount of $10,047,843.24 with a project duration of 689 calendar days
for Concourse B Expansion - Package 2A (Phase
2) at the Palm Beach International Airport (PBI);
B) a Budget
Amendment of $5,092,000 in the Airport's
Improvement & Development Fund to recognize Passenger Facility Charge (PFC)
revenue, including a transfer in the amount of $3,406,931 from reserves; and
C) a Budget Transfer of $5,092,000
in the Airport's PFC Fund to transfer PFC funds to the Airport's Improvement
& Development fund, including a transfer from PFC reserves in the amount of $5,092,000.
Summary: On
June 15, 2021, the Board of County Commissioners (Board) approved the Contract
(2021-0843) with Suffolk for CM at Risk Services for the Concourse B Expansion
Project at the Palm Beach International Airport (Concourse B Expansion Project), which included
pre-construction services in the amount of $60,000. Services under the Contract
are provided on a task/work order basis and are approved in accordance with PPM
CW-F-050. The Concourse B Expansion Project is being constructed in phases. On
February 7, 2023, the Board approved the first phase of the Concourse B
Expansion Project (Phase 1) (R2023-0217) in the amount of $12,398,676 with a
project duration of 368 calendar days, which provided for the expansion of
restroom facilities and construction of new concession space between Gates BS
and B7. Change Order No. 1 to Amendment No. 1 in the amount of $802,677 was
approved by the Board on April 18, 2023 (R2023-0531). Change Orders 2- 6 to Amendment No. 1 in the amount of $180,945 were
approved pursuant to the authority of PPM CW-F-050 and provided for services
associated with the mitigation of materials identified in a pre
renovation asbestos survey. Change Order No. 7 to Amendment No. 1 in the amount
of $464,366.94, extending the
project duration by 190 calendar days, was approved by the Board on December
19, 2023 (R2023-1861). Approval of Amendment 2 in the amount of $10,047,873.24 will
increase the cumulative contract amount to $23,954,538.18.
JUNE 11, 2024
5. REGULAR
AGENDA
A. AIRPORTS
(cont’d.)
4. SUMMARY
(cont’d.): Amendment
No. 2 provides for the completion of Phase 2 of the Concourse B
Expansion Project, which provides for the update of the finishes in the
existing concourse to match the final phase. It also includes installation of mechanical chilled water
piping on the roof and the relocation of a water main needed to complete the final phase of the Concourse B
Expansion Project. Suffolk is based in Boston, Massachusetts; however, the work
will be directly managed by its regional office in West Palm Beach, FL. An
overall Disadvantaged Business Enterprise (DBE) goal of 20% was established for
the Contract. DBE participation for this Amendment is 5%. The total DBE
participation for this Contract to date, including this Amendment No. 2, is 12%. Pursuant to changes to Chapter
332, Florida Statutes, effective July 1, 2023, a governing body of a commercial
service airport may not approve purchases of contractual services in excess of
the Category Five threshold amount of $1,000,000 provided in Section 287.017, Florida Statutes, on a consent agenda. Amendment No. 2 exceeds
the threshold amount and must be approved on the regular agenda. Countywide
(AH)
B. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: presentation on property values and the
Property Appraiser’s FY 2025 budget proposal.
Summary: The Property Appraiser will provide a
presentation on property values and the Property Appraiser’s FY 2025 budget
proposal. Countywide (DB)
JUNE 11, 2024
5. REGULAR
AGENDA
C. PUBLIC
SAFETY DEPARTMENT
1. Staff recommends
motion to approve: on preliminary reading and permission to advertise for a
public hearing on July 2, 2024 at 9:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 17, ARTICLE V, OF
THE PALM BEACH COUNTY CODE, PERTAINING TO THE ADULT ENTERTAINMENT CODE;
PROVIDING FOR WORK IDENTIFICATION CARD; PROVIDING FOR MINORS PROHIBITED;
PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: During the 2024 Florida Legislative
Session, House Bill 7063 passed, creating section 787.30, Florida Statutes
effective July 1, 2024. The bill requires persons working in adult
entertainment establishments to be at least twenty-one (21) years of age. Section 17-153 of the of the Adult
Entertainment Ordinance currently requires adult entertainers working in adult
entertainment establishment to apply for a work identification (ID) card from
the Public Safety Department and show proof that they are at least eighteen
(18) years of age. Additionally, section
17-196 prohibits employment of persons under the age of eighteen (18) from
working in an adult entertainment establishment. The proposed amendment aligns the age
requirements of the Adult Entertainment Ordinance to conform to the new state
law. There are approximately 1,400 Adult
Entertainment work identification cards issued each year and about 6% are
between the age of eighteen (18) and twenty-one (21) years of age. The proposed amendment to the ordinance was presented to
the League of Cities on April 24, 2024 and Consumer Affairs Hearing Board on
May 15, 2024 and was approved without objection. Countywide (RS)
D. OFFICE OF EQUAL BUSINESS OPPORTUNITY
1. Staff recommends
motion to receive and file: FY
2024 Quarter 2 and FY 2024 Semiannual Small/Minority/Women Business Enterprise
(S/M/WBE) participation report. Summary:
The Office of Equal Business Opportunity (OEBO) is tasked with providing a
written report on the progress of the program elements used to increase small,
minority, women business enterprises (S/M/WBE) participation. The Equal
Business Opportunity (EBO) S/M/WBE Program is making progress and has
positively impacted small businesses in the County; however, continued support
of the Minority/Women Business Enterprise (M/WBE) program remains necessary to
achieve parity. Countywide (RS)
JUNE 11, 2024
5. REGULAR
AGENDA
E. PLANNING,
ZONING, & BUILDING
1. Staff recommends
motion to adopt:
A) a resolution of the Board of County
Commissioners (BCC) of Palm Beach County, Florida, consenting to the expansion
of Lake Park Community Redevelopment Agency (CRA), boundaries as identified
within the Town of Lake Park’s 2023 Finding of Necessity (FON); and
B) a resolution of the BCC of Palm Beach County,
Florida, authorizing and directing the Mayor to sign an Interlocal
Agreement (ILA) between Palm Beach County (County), the Town of Lake Park
(Town), and the Lake Park CRA, exempting the County from remitting tax
increment revenues as set forth in Section 163.387, Florida Statutes, to the
CRA or the Redevelopment Trust Fund for all real property located within the
two (2) new CRA expansion areas, as identified within the Town’s 2023 Finding
of Necessity.
Summary: On September 20, 2023, the Town adopted Resolution No. 38-05-23,
determining that blight, as defined in Ch. 163.340, F.S., is present in certain
areas of the Town. This Resolution
approved a FON, as required by Chapter 163, Part III of the Florida Statutes,
in order to expand the boundaries of the Lake Park CRA to include the 10th
Court area (+/- 26 acres), and the Silver Beach Road area (+/- 41 Acres),
adding to the existing +/- 293 acres, for a total of approximately 360
acres. The Town and CRA believe that
this expansion would enhance the effectiveness of the investments that the
taxing authorities have made into the CRA and to provide for additional tax
base growth in the future. County staff
presented concerns to the Town and CRA on the potential loss of County tax
revenue within the proposed CRA expansion areas. In response, the Town and CRA have agreed to
exempt the County from remitting tax increment revenues to the CRA and the
Redevelopment Trust Fund for all real property located within the two (2) new
CRA expansion areas, as
identified within the FON, as memorialized within the proposed
ILA. Concurrent execution of the ILA in tandem with the CRA boundary expansion
would alleviate County staff concerns.
The ILA was executed by the CRA (Resolution 24-05-24) and Town
(Resolution 25-05-24) on May 1, 2024, and is pending consideration by the BCC. District
7 (DL)
JUNE 11, 2024
5. REGULAR
AGENDA
F. FACILITIES
DEVELOPMENT & OPERATIONS:
1. Staff requests Board
direction: Regarding the
master planning and redevelopment of
the South County
Administrative Complex (Complex). Summary: The Complex consists of approximately 25
acres of County-owned developed real property located approximately 1,000 feet
south of West Atlantic Avenue on the east side of Congress Avenue in the City
of Delray Beach (City). The Board of County Commissioners (Board) has been
considering the matter of the potential redevelopment of the Complex since
2006. At the time, the County and City jointly funded a redevelopment plan for
the then existing and known future County uses with goals of replacing most
buildings with new, in a form that enhanced the City's
vision for the Congress Avenue corridor, made access to transit easier and
resulted in about 5 acres of land that could be surplussed
for transit oriented development and residential uses. The recession stopped
the redevelopment from proceeding and the County's needs changed through the
years, requiring updates to the plan. In 2016-2017, while drafting the project
plan to be presented under the Infrastructure Sales Tax (IST) initiative, the
Board decided against redeveloping the Complex and opted for upkeep of the
existing facilities, assigning $6M towards said effort. In recent years, a
renewed interest in redeveloping the site has been conveyed to Staff.
Therefore, a total of five workshops have been conducted with the Board
on October 29, 2019; June 23, 2020; April 27, 2021; April 26, 2022; and August
29, 2023, towards arriving at a Master Plan for the future redevelopment of the
Complex. During the last workshop, Staff and its design consultant (Zyscovich, LLC) presented to the Board three conceptual
master plan options, all of which attained the previously provided Board
direction of consolidating government operations onsite (through vertical
construction) in order to maximize the total land area that could be disposed
(e.g., sale, ground lease) to a private redevelopment partner for construction
of a housing-oriented, mixed use project. Following Staff’s presentation, the
Board articulated a clear preference for conceptual master plan option #1,
which provides for approximately 14 acres of the site to remain in governmental
use with the remaining 10 acres (approx.) to be made available for private
development. Staff was directed to
prepare a funding plan for the estimated project costs and, in so proceeding,
to engage with the non-County agencies on site (e.g., Department of Health,
South Florida Regional Transportation Authority) to explore potential
collaborations for project development, be it through financial contributions
or grant opportunities. Considering that the construction of structured parking
is one of the project’s main cost drivers, Staff recommended and was authorized
to pursue a parking study to right size the number of parking spaces required
for the redevelopment project. Staff has completed its outreach to all
potential partnering agencies and Zyscovich has
completed the parking study. The purpose of this item is to: 1) present the
results of the outreach efforts, 2)
present the results of the parking study, 3) present a conceptual funding plan,
and 4) obtain Board direction regarding project development. (FDO ADMIN) Districts 4, 5 and 7/District 7 (MWJ)
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JUNE 11, 2024
A. COMMISSION
DISTRICT APPOINTMENTS
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JUNE 11, 2024
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 11, 2024
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
JUNE 11, 2024
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
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