July 2, 2024

8:00 am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JULY 2, 2024

 

 

PAGE             ITEM

 

14                    3E1                 * REVISED MOTION / TITLE / (COMM SVCS) / Staff recommends motion

to approve: the appointments of two (2) new members to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Act Council (HIVCC), for the term July 2, 2024 to May 16, 2025:

 

68                    3HH1              * DELETED – moved to 7B1

 

69                    4A1                 * DELETED – will be scheduled for a later date

 

69                    4D1                 * DELETED (Puerto Rican Day)

 

75                    6C1                 * DELETED – for further review (FDO)

 

84                    6H1                 * REVISED MOTION / TITLE / Staff recommends motion to authorize:

                                         

                                    A) Staff to submit proposed not-to-exceed millage rates for the FY

                                    2025 budget to the Property Appraiser as follows:

 

 

FY 2024 Adopted

FY 2025 Rollback

FY 2025 Proposed

Over/(Under)  

 

Millage

Taxes

Millage

Taxes

Millage

Taxes

Rollback

Countywide Non-Voted

4.5000

$1,306,269,377

4.1641

$1,324,230,392

4.5000

$1,431,050,351

$106,819,959

8.07%

Library

0.5491

84,191,978

0.5077

85,196,807

0.5491

92,144,114

6,947,307

8.15%

Fire-Rescue MSTU

3.4581

408,080,983

3.1986

412,765,604

3.4581

446,252,965

33,487,361

8.11%

Jupiter Fire-Rescue MSTU

1.7879

28,378,279

1.6511

28,520,978

1.6488

28,481,248

        (39,730)

(0.14)%

 

 

 

 

 

 

 

 

 

Aggregate-Excluding Voted Debt

6.2936

$1,826,920,617

5.9083

$1,878,905,508

6.2826

$1,997,928,678

 

6.34%

 

 

 

 

 

 

 

 

 

Countywide Voted-Debt

0.0188

$5,461,247

 

 

0.0396

$12,601,861

 

 

Countywide-Library Voted-Debt

0.0108

1,655,934

 

 

0.0098

$1,644,532

 

 

                                   

 

 

 

 

 

 

 

 

 

 

 

 

 

 


July 2, 2024

8:00 am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JULY 2, 2024

 

 

PAGE             ITEM

 

86                    7B1                 * ADD – ON / RECESS AS THE BOARD OF COUNTY COMMISSIONERS /

                                                CONVENE AS THE ENVIRONMENTAL CONTROL BOARD.

 

            Staff recommends motion to approve:

 

A)  the appointment of one (1) nominee to the Environmental Appeals Board (EAB) to complete an unexpired term July 2, 2024 through July 12, 2024; plus a full three (3) year term commencing July 13, 2024 through July 12, 2027; and

 

NOMINEE:              SEAT #:            REQUIREMENT:            NOMINATED BY:

Jeffrey Duncan        5                      Attorney                        PBC Bar Association

 

B)  the re-appointment of one (1) nominee for a full three (3) year term commencing July 13, 2024 through July 12, 2027:

 

NOMINEE:                          SEAT #:            REQUIREMENT:            NOMINATED BY:

Trevor Rosecrans, P.E.       1                      Professional Engineer    Am. Society of Civil

Engineers of Palm Beach Branch

 

Summary: The EAB hears appeals from the provisions of Environmental Control Rules (ECR-1) for onsite sewage systems and ECR-II for drinking water supply system installations.  This Board is composed of five (5) members.  Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association; one (1) member of the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one (1) professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers (ASCE); one (1) water resource professional employed by the South Florida Water Management District (SFWMD); and one (1) drinking water engineer employed by the Department of Environmental Protection (DEP).  The applicant for appointment to Seat # 5, Jeffrey Duncan is recommended by the Palm Beach County Florida Bar Association and the applicant for re-appointment to Seat #1, Trevor Rosecrans, P.E. is recommended by the American Society of Civil Engineers-Palm Beach Branch.  The Board’s current three (3) members diversity count is: 2 Caucasian (60%), 1 Hispanic-American (20%) and 2 vacant seats awaiting recommendations. The gender ratio (female: male) is 0:3. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)

 

 

                                                ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD / RECONVENE

                                                AS THE BOARD OF COUNTY COMMISSIONERS.

 

86                    7B1                 * RENUMBERED TO 7C1 (Commission District Board Appointments)

 

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

 

* * * * * * * * * * *


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

 

JULY 2, 2024

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

           

3.         CONSENT AGENDA (Pages 11 - 68)

 

4.         SPECIAL PRESENTATIONS (Page 69)

 

5.         PUBLIC HEARINGS - 9:30 A.M. (Page 70)

 

6.         REGULAR AGENDA (Pages 71 - 85)

 

7.         BOARD APPOINTMENTS (Page 86)

 

8.         STAFF COMMENTS (Page 87)

 

9.         BCC COMMENTS (Page 88)

 

10.       MATTERS BY THE PUBLIC – 2:00 P.M. (Page 89)

 

11.       ADJOURNMENT (Page 90)

 

 

 

 

* * * * * * * * * * *


JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 11

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

 

C. ENGINEERING & PUBLIC WORKS

Page 11

3C-1   Adopt –A-Road agreements with Alternatives For You, LLC and PC Professor Computer Training and Repair dated February 27, 2024.

 

Page 12

3C-2   Contracts for Milling & Resurfacing contracts with M&M Asphalt Maintenance Inc., Halley Engineering Contractors, Inc. and Ranger Construction Industries, Inc.

 

Page 13

3C-3   Contract with Consor Engineers, LLC for Center Street from Loxahatchee River Road to Alternate A1A.

 

D. COUNTY ATTORNEY

Page 13

3D-1   Settlement agreement with Aiken v. Palm Beach County

 

E. COMMUNITY SERVICES

Page 14

3E-1    Appointment of two new members to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Act Council for the term July 2, 2024 to May 16, 2024.

 

Page 15

3E-2    One appointment to the Citizens Advisory Committee on Health and Human Services for the term July2, 2024 to September 30, 2026.

 

Page 16

3E-3    Retroactive Interlocal Agreement with Florida Atlantic University Board of Trustees under the Department of Justice Comprehensive Opioid.

 

Page17

3E-4    Retroactive Agreement under the Financially Assisted Agencies program to The Salvation Army through the Low-to-Moderate Intensity Care Medical Respite Program.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

E. COMMUNITY SERVICES

Page 18

3E-5    Amendment No. 0008 and Amendment No. 0009 to Florida Department of Children and Families Unified Homeless Grant Contract.

 

F. AIRPORTS

Page 19

3F-1    Change Order No., 3 to the Contract with All Florida Contracting Services, LLC for the Fuel Farm Emergency Generator Project at the Palm Beach County Glades Airport.

 

F. AIRPORTS

Page 20

3F-2    Amendment No. 4 to the Contract with AVCON, Inc. for Consulting/Professional Services for the performance of general airport consulting services.

 

Page 20 - 21

3F-3    Award Modification of Law Enforcement Officer Reimbursement Program Other Transaction Agreement with Transportation Security Administration for law enforcement services at Palm Beach International Airport.

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 21

3G-1   Negotiated settlement offer for the full satisfaction of the code enforcement lien against Jeanie Martin and Susan Lee on August 7, 2019.

 

Page 22

3G-2   Negotiated settlement offer for the full satisfaction of code enforcement lien entered against Marian Blasko on June 5, 2019.

3G-3   Negotiated settlement offer for the full satisfaction of a code enforcement lien entered against Dianitza and Victor Lopez on April 7, 2021.

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 23

3H-1   Extend the term of the agreement for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System from July 2, 2024 through July 1, 2029.

 

Page 24

3H-2   Zero-dollar Change Order No. 38 decreasing the Construction Manager at Risk Services contract with James B. Pirtle Construction Company, Inc.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 25

3H-3   Receive and file for standard license agreement for use of county-owned property for Healthy Mothers/Healthy babies, Safety Council and Sunfest of Palm Beach County Inc. for parking.

 

Page 26

3H-4   Approve Criminal History Record Check User Agreement for non-criminal justice purposes with Florida Department of Law Enforcement.

 

Page 27

3H-5   First amendment to the Amended and Restated Interlocal Agreement with the Town of Loxahatchee Groves to extend the agreement for interoperable communications through the County’s Public Safety Radio System.

 

Page 28

3H-6   Approval of Work Order No. 24-015 to the annual minor construction services contract with Ralph Della-Pietra Inc.

 

Page 29

3H-7   Supplement No. 1 to Consultant Services Authorization No. 11 with Currie Sowarsd Aguila Architects, Inc. for Fire Rescue Station No. 24.

 

Page 30

3H-8   First Amendment to Interlocal Agreement with Port of Palm Beach District and extend the service of radio maintenance service from August 16, 2024 through August 15, 2029.

 

Page 31

3H-9   Annual heating, ventilation and air conditioning contract with Cedars Electro-Mechanical, Inc. for WUD CROC Chiller Replacements project.

 

Page 32

3H-10 Annual heating, ventilation and air conditioning contract with Air Mechanical & Service Corp. for the Main Branch Library chiller replacement project.

 

Page 33

3H-11 Interlocal agreement Agreement with Health Care District of Palm Beach County for fleet and fuel management services from July 8, 2024 to July 7, 2029.

 

Page 34

3H-12 Change Order No. 12 for the contract with The Morganti Group, Inc. for Fire Station No. 40 project.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 35

3H-13 First Amendment to Agricultural Land Management Interlocal Agreement with Palm Beach soil and Water Conservation District.

 

Page 36

3H-14 Utility Easement Agreement in favor of Florida Power & Light for the Senator Joe Abruzzo facility east of Lyons Road.

 

I. HOUSING AND ECONOMIC DEVELOPMENT

Page 37

3I-1     Palm Beach County Housing Authority plan in connection with its Annual Plan for Fiscal Year 2024-2025 for Certification by State or Local Official of PHA Plans Consistency with Consolidated Plan.

3I-2     Nomination of Ms. Tracy L. Caruso as Chairperson of the Hosuing Finance Authority of Palm Beach County for the term July 2, 2024 to July 1, 2025.

 

Page 38

3I-3     HUD Form 7015.15 request for release of funds and a memorandum of agreement between Florida State Historic Preservation Officer.

 

Page 39

3I-4     Impact Fee Affordable Housing Assistance Program funding award with Madison Terrace, LLC.

 

Page 40

3I-5     Transfer of real properties owned by Palm Beach Habilitation Center, Inc. and Seagull Industries for the Disabled, Inc. to The ARC of Palm Beach County, Inc.

 

Page 41 - 42

3I-6     Reappointment of five nominees and appointment of two nominees to the Commission on Affordable Housing.

 

K. WATER UTILITIES

Page 43 - 44

3K-1    A total of four applications for Florida Department of Environmental Protection Resilient Florida Program for additional funding.

 

Page 45 - 46

3K-2    Supplement No. 1 and No. 2 with construction phase services with consultants Kimley Horn.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 47

3L-1    Annual contract with Eastman Aggregate Enterprises, LLC and Dickerson Infrastructure, Inc. for Palm Beach County Dune and Beach Restoration

 

M. PARKS & RECREATION

Page 48

3M-1   Two executed Entertainment Contractor agreements with Gary Frost for Legends on the Lawn Sour Mash concert and Rocket Entertainment Group, LLC  for the Carlin Park After Dark Doors Alive concert.

3M-2   An executed Sound and Light Production Services Contractor Agreement with Sanderford Sound, Inc., for the Carlin Park After Dark Doors Alive concert at Seabreeze Amphitheater.

 

Page 49

3M-3   An executed Special Events Rental Agreement with Battle Bros LLC for the South Florida Food Fest and Craft Fair at Burt Aaronson South County Regional Park.

3M-4   An executed Independent Contractor Agreement with Go with Gabe LLC, for pickleball instruction at various Palm Beach County Parks locations (indoor and outdoor).

 

Q. CRIMINAL JUSTICE COMMISSION

Page 50

3Q-1   Second amendment to the Interlocal agreement with Florida State University to extend the term agreement regarding the Court Date Reminder System.

 

Page 51

3Q-2   Grand adjustment notice 5 of the John D. and Catherine T. MacArthur Foundation Safety and Justice Challenge and adjustment of previous award budget.

 

Page 52 - 53

3Q-3   Three grant awards from Florida Department of Law Enforcement with The Lord’s Place, City of Riviera Beach and equipment for Countywide Law Enforcement agencies.

 

X. PUBLIC SAFETY

Page 54

3X-1    Second Amendment to the Contract for Consulting/Professional Services in the area of veterinary and medical services with Tri-County Humane Society, Inc. for spaying/neutering at risk cats as part of the Countdown 2 Zero.

 

Page 55

3X-2    Memorandum for Florida Department of Highway Safety and Motor Vehicles to maintain access to driver history records and information used in the administration of the Vehicle for Hire and Towing and Immobilization Services ordinances.

JULY 2, 2024

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

X. PUBLIC SAFETY

Page 56

3X-3    Eight Grant Adjustment Modifications with the US Department of Justice, Office on Violence Against Women, Grants to Improve Criminal Justice Response Program.

 

AA. PALM TRAN

Page 57

3AA-1 Federal Transit Administration Master Agreement.

3AA-2 Revised Substance Abuse Policy for Palm Beach County’s public transit system and transmission of the revised program to the Federal Transit Administration.

 

BB. YOUTH SERVICES

Page 58 - 59

3BB-1 Second Amendment to Community Based Agency Contract with American Association of Caregiving Youth, Inc. and First Amendment to Community Based Agency Contract with Grandma’s Place, Inc.

 

Page 60

3BB-2 First amendment to contract with Friends of Youth Services and budget transfer relating to Summer Camp Scholarship Program.

 

CC. SHERIFF

Page 61

3CC-1 Grant modification to the Fiscal Year 2021 State Homeland Security subgrant agreement with the State of Florida, Division of Emergency Management.

3CC-2 Modification to the memorandum of agreement with the City of Miami for the Fiscal Year 2022 Urban Security Area Initiative.

 

Page 62

3CC-3 First Amendment to the Fiscal Year 2022 Law Enforcement Strategies for Reducing Trespassing grant with the Federal Railroad Administration.

3CC-4 Sixth modification to the Fiscal Year 2021 Urban Security Area Initiative agreement with the City of Miami.

 

Page 63

3CC-5 Grant agreement with Palm Beach Sheriff’s Office and the City of Miami for the Fiscal Year 2023 Urban Area Security Initiative.

 

DD. tourist development council

Page 64

3DD-1 Two fully executed grant agreements for the Palm Beach County Sport Commission, Spartan Race, Inc. and Players International Management, Inc.

JULY 2, 2024

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

EE. OFFICE OF EQUAL OPPORTUNITY

Page 65

3EE-1 Modification of an amended contract with the U.S. Equal Employment Opportunity Commission.

 

FF. OFFICE OF RESILIENCE

Page 65

3FF-1 First Amendment to the Grant Agreement No. 22PLN73 with the Florida Department of Environmental Protection Resilient Florida Program.

 

Page 66

3FF-2 First Amendment to the Grant Agreement No. 22PLN73 with the Florida Department of Environmental Protection Resilient Florida Program.

 

GG. OFFICE OF EQUAL BUSINESS OPPORTUNITY

Page 67

3GG-1 Participation with the 18th Annual Palm Beach Business Matchmaker Conference and Expo.

 

HH. HEALTH DEPARTMENT

Page 68

3HH-1 Nomination of one nominee to the Environmental Appeals Board to complete a term and reappointment of one nominee for a full term.

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 69

 

            4A       Congresswoman Cherfilus-McCormick

            4B       Clean Beaches Week

            4C       National Black Business Month

            4D       Puerto Rican Day

            4E       13th Annual Kidsfit Jamathon Day

            4F       Park and Recreation Month

            4G       Rob Sweeten Day

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

A.  PUBLIC SAFETY

Page 70

5A-1    Preliminary reading of the proposed amendment of the Adult Entertainment Ordinance Section 17-153.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

REGULAR AGENDA

A.  AIRPORTS

Page 71 - 72

6A-1    Third contract amendment with AECOM Technical Services, Inc. for consulting services.

 

Page 73

6A-2    Sixth contract amendment with Turner Construction Company for airport improvements.

 

Page 74

6A-3    Twelfth contract amendment with RS&H, Inc. for additional services related to Concourse B Expansion project.

 

B.  CLERK & COMPTROLLER

Page 75

6B-1    Annual Comprehensive Financial Report and Popular Annual Financial Report.

 

C.  FACILITIES DEVELOPMENT & OPERATIONS

Page 75

6C-1   Board direction regarding potential rent abatement for Historical Society of Palm Beach County.

 

Page 76

6C-2   Third amendment to the contract with Kaufman Lynn Construction, Inc. for the Canyon District Park project.

 

Page 77

6C-3   Agreement for Purchase and Sale vacant land north of Indiantown Road and east of Bee Line Highway.

 

D.  YOUTH SERVICES

Page 78

6D-1   Allocations of funding for Action Areas of Economic Access, Parenting and Role Models and Educational Supports.

 

E.  HOUSING & ECONOMIC DEVELOPMENT

Page 79

6E-1    Adoption of resolution for the Palm Beach County Action Plan.

 

 

F.  OFFICE OF EQUAL BUSINESS OPPORTUNITY

Page 80 - 81

6F-1    Contract with Griffin & Strong, P.C. regarding disparity studying in the utilization of Minority and Women Owned Business Enterprises.

 


JULY 2, 2024

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

G.  COMMUNITY SERVICES

Page 82 - 83

            6G-1   Allocation of funds in the Financially Assisted Agency areas of Housing & Homelessness and Homeless Prevention.

 

H.  OFFICE FINANCIAL MANAGEMENT AND BUDGET

Page 84 - 85

6H-1   Proposed not-to-exceed millage rates for the Fiscal Year 2025 budget to the Property Appraiser.

 

 

BOARD APPOINTMENTS

Page 86

7A-1    Commission on Affordable Housing

7B-1    Environmental Control Board – Nomination of one nominee to the Environmental Appeals Board to complete a term and reappointment of one nominee for a full term.

7C-1   District Appointments

 

STAFF COMMENTS  (Page 87)

 

BCC COMMENTS (Page 88)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 89)

 

ADJOURNMENT (Page 90)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

            Meeting Date                       Meeting Type

            May 14, 2024                        Regular

            May 23, 2024                        Zoning

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office.  Countywide

 

4.         Staff recommends motion to receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during May 2024.  Countywide

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to receive and file:

 

A) an Adopt-A-Road Agreement with Alternatives For You, LLC, dated February 27, 2024; and

 

B) an Adopt-A-Road Agreement with PC Professor Computer Training and Repair, Inc., dated February 27, 2024.

 

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


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to:

 

A) approve three (3) Milling & Resurfacing Continuing Services Construction Contracts in an overall amount for all three (3) contracts combined not to exceed $70,000,000 and be in effect for 18 months from the date of approval by the Board of County Commissioners (BCC), with an option to renew for a total of 36 months with:

 

1.   M&M Asphalt Maintenance Inc. (MMA), d/b/a All County Paving;

2.   Halley Engineering Contractors, Inc. (HEC); and

3.   Ranger Construction Industries, Inc. (RCI); and

 

B) adopt a Resolution delegating signatory authority to the County Administrator or designee to approve certain amendments to these contracts.

    

SUMMARY:  The cumulative allocation available for the three contracts together is $70,000,000, which is based upon the estimated amount to be expended for milling and resurfacing projects throughout Palm Beach County (County) within the next 36 months.  The contracts will be in effect for 18 months from the date of approval by the BCC with an option to renew for a total of 36 months.  The previous contract with a cumulative maximum total of $50,000,000 expires on August 16, 2024.  Approval of these contracts is necessary for the continuation of services.  The amount is being increased to $70,000,000 due to higher construction costs and to resurface more lane miles.  The delegation of signatory authority will allow, among other things, the County Administrator or designee to approve amendments to renew the contracts to a total of 36 months contract time, on behalf of the BCC after approval of legal sufficiency by the County Attorney’s Office. On December 6, 2023, the Goal Setting Committee applied an Affirmative Procurement Initiative of 10% minimum mandatory Small Business Enterprise (SBE) participation. MMA agreed to 11% SBE participation. HEC agreed to 10% SBE participation. RCI agreed to 10% SBE participation. Bids for the contract were received by the Engineering and Public Works Department (EPW) on February 27, 2024.  MMA, HEC and RCI were the only three responsive bidders. MMA and RCI have offices located in the County.  Countywide (YBH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to approve:  a contract with Consor Engineers, LLC (Consor) in the amount of $1,177,030.26 for Center Street from Loxahatchee River Road to Alternate A1A (Project). SUMMARY: Approval of this contract will provide the professional engineering services necessary for the preparation of design plans and construction bid documents to widen Center Street to three (3) lanes.  On May 4, 2022, the Goal Setting Committee applied Affirmative Procurement Initiatives (API) of a 20% minimum mandatory Small Business Enterprise (SBE) participation of which 5% must be Minority Business Enterprise (MBE) participation for African American owned firms, and an MBE evaluation preference for African American owned firms.  On May 30, 2023, the Consultant’s Competitive Negotiations Act Selection Committee selected American Consulting Engineers of Florida, LLC (ACE) and, in accordance with PPM No. CW-O-048, the Board of County Commissioners (BCC) was notified of the selection on June 6, 2023.  On August 1, 2023, Consor acquired ACE in an asset sale. This change in ownership caused a significant delay in the preparation of this contract. On January 1, 2024, Consor merged ACE into Consor as the surviving entity.  On June 4, 2024, the BCC approved the Assignment Assumption and Consent Agreement to transfer current ACE contracts that were previously approved by the BCC to Consor.  Consor agreed to 33% SBE and 30% MBE participation for the contract.  Consor has an office located in Palm Beach County (County).  This Project is included in the Five-Year Road Program.  District 1 (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney's fees and costs, in the total amount of $111,115.63 in the personal injury action styled ERIC ARTHUR AIKEN and KIMBERLY ANN AIKEN v. PALM BEACH COUNTY, Case No.: 502022CA012617XXXMB. SUMMARY: The Plaintiffs, Eric Arthur Aiken and Kimberly Ann Aiken (“Aikens”), husband and wife, filed a lawsuit against the County for loss of consortium and personal injuries sustained as a result of a head-on collision with a Palm Tran bus on February 5, 2021, on Old Dixie Highway, south of Northlake Boulevard, North Palm Beach, Florida. The Plaintiff, Eric Aiken, who was 40 years old and the driver of a 2019 Ford F250 at the time of the accident, sustained injuries to his back, neck, and has bilateral shoulder pain.  The Plaintiff, Kimberly Aiken, who was 39 years old at the time of the incident, and the front seat passenger sustained injuries to her neck, back, right shoulder, and has numbness, and chest pain.   Plaintiff’s medical bills are in excess of $294,036.33. Palm Beach County has entered into an agreement to settle the lawsuit with the Aikens in the total amount of $111,115.63, inclusive of attorney’s fees and costs, pending approval by the Palm Beach County Board of County Commissioners.  Countywide (NWB)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the appointments of two (2) new members to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Act Council (HIVCC), for the term July 2, 2024 to May 16, 2025:

 

Seat No

Appointment

Recommended By

7

Dr. Jyothi Gunta

HIV CARE Council

9

Christian Johnston

HIV CARE Council

 

SUMMARY: The HIVCC shall establish priorities for the allocation of funds within PBC; and develop a comprehensive plan for the organization and delivery of health services described in 42 U.S.C. that is compatible with any existing state or local plan regarding the provision of health services to individuals with HIV disease. The U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) requires Palm Beach County to maintain a planning council tasked with establishing priorities and allocations for the Ryan White (RW) HIV/AIDS Program grant funding. The HIVCC is that Council.  Federal law requires that the planning council composition reflect the demographics of the population of individuals with HIV/AIDS in the eligible area, and at least 33% of planning council members be consumers of RW services who are unaffiliated with subrecipient service providers. The law further requires that members of the planning council represent designated categories including: health care providers; social service providers; community-based organizations; local public health agencies; non-elected community leaders; and grantees of Federal HIV programs. Per Resolution No. 2011-1560, the total membership for the HIV CC shall be no more than 33 at-large members. The HIVCC recommends the appointments of Dr. Jyothi Gunta and Mr. Christian Johnston. Both appointees are employed by Florida Department of Health (FDOH). This agency contracts with the County for services; however, HIVCC provides no regulation, oversight, management, or policy setting recommendations regarding the contracts or transactions with FDOH. Disclosure of this contractual relationship at a duly noticed public meeting will be provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics. The diversity count for the 23 seats that are currently filled is African-American: 9 (39%), Caucasian: 6 (26%), Hispanic-American: 7 (30%) and Asian-American: 1 (5%). The gender ratio (male: female) is 9:14. Dr. Gunta is Asian and Mr. Johnston is Caucasian. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. (Ryan White Program) Countywide (HH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

2.         Staff recommends motion to approve: One (1) appointment to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), for the term July 2, 2024 to September 30, 2026:

 

Seat No.

Appointment

Seat Requirement

Nominated By

5

Isis Williams

A Component of the Health and Human Services System of Care

·                     Commissioner

·                     Barnett

 

 

SUMMARY: The CAC/HHS shall provide recommendations to sustain core services within the Systems of Care by defining basic needs; surveying emergent/urgent needs; prioritizing resources to address the needs; and making funding recommendations to the Board of County Commissioners (BCC) to fill critical service gaps. The CAC/HHS consists of 11 at-large members with at least one (1) member being a resident west of the 20 Mile Bend and at least one (1) member being a representative of the Palm Beach County League of Cities, per Resolution R2013-1563. The Resolution requires that the Executive Committee of the CAC/HHS solicit and recommend member nominations for transmittal to the BCC. The BCC was notified by memo dated March 29, 2024 requesting nominations for appointments. The CAC/HHS received the appointment application for Ms. Isis Williams and determined that this candidate would be beneficial to this board. Ms. Williams is employed by the Department of Children and Families (DCF). This agency contracts with Palm Beach County for services; however, CAC/HHS provides no regulation, oversight, management, or policy setting recommendations regarding the contracts or transactions with DCF. Disclosure of this contractual relationship at a duly noticed public meeting will be provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics. Ms. Williams meets all applicable guidelines and requirements outlined in the resolution. The diversity count for the nine (9) seats that are currently filled is: Caucasian: 5 (56%), African-American: 3 (33%), Asian-American: 1 (11%). The gender ratio (male: female) is 2:7. Ms. Williams is bi-racial and identifies as an African-American and Caucasian female. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

3.         Staff recommends motion to approve: Retroactive Interlocal Agreement with Florida Atlantic University Board of Trustees (FAU), for the FY 2024 period October 1, 2023 through September 30, 2024, in an amount of $63,000, under the Department of Justice (DOJ) Comprehensive Opioid, Stimulants, and Substance Use Program (COSSUP) Demonstration Program, for evaluation research services to Palm Beach County residents with substance use disorders.  SUMMARY: The DOJ approved a project for a COSSUP Demonstration Program Award #2019-AR-BX-K023 with Palm Beach County Community Services Department (CSD) to provide COSSUP funding to FAU to research housing stability for individuals involved with the criminal justice system and who pose a high risk of overdose. Delays in the execution of the Southeast Florida Behavioral Health Network, Inc. (SEFBHN) Agreement #R2024-0538, approved by the Board of County Commissioners (BCC) on May 14, 2024, resulted in the retroactive dates as the agreement is contingent on the SEFBHN Agreement. This Interlocal Agreement with FAU is necessary to conduct ongoing and follow up research with past program participants served via the SEFBHN COSSUP Demonstration Program Sub-recipient Agreements (R2021-0301 and R2024-0538). Additionally, FAU’s research team will utilize qualitative and quantitative evidence from COSSUP to inform best practices related to Recovery Community Organizations/Recovery Community Centers (RCO/RCC). On May 2, 2023, the BCC approved an expansion from two (2) RCO/RCCs to four (4), located strategically where the needs are the greatest across Palm Beach County. The FAU research team will examine long-term recovery outcomes by evaluating participant’s outcomes based on levels of engagement with RCO/RCCs and assess the efficacy of educational programs, differences in geographical locations and quality of services at each of the RCO/RCCs and how these factors impact and affect long-term recovery. (Community Services) Countywide (HH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

4.         Staff recommends motion to approve: Retroactive Agreement for $200,000 under the Financially Assisted Agencies (FAA) program to The Salvation Army, for the period February 1, 2024 through September 30, 2024, through the Low-to-Moderate Intensity Care Medical Respite Program (LMICM), for the provision of short-term medical respite services to Palm Beach County residents who are experiencing homelessness.  SUMMARY: LMICM is a new pilot program that will provide short-term residential care of low-to-moderate acute and/or post-acute care in a non-hospital setting for individuals who are experiencing category 1 literal homelessness and are capable of performing Activities of Daily Living (ADL’s). The program will provide the eligible participants with space to recover after medical procedure and/or exit from hospitals, including supportive medical care and social services.  The pilot program seeks to decrease the length of hospitalization stays, improve health outcomes and/or decrease recidivism, and create a continuity of care after hospitalization for up to 30 days for the program client. LMICM will operate 24 hours a day, 7 days a week, and will serve a minimum of 60 clients during the contract period. Logic Model performance and reporting requirements are outlined in the agreement. This agreement represents $200,000 of the total FAA funding allocation of $14,179,980 in FY 2024. (Financially Assisted Agencies). Countywide (HH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (cont’d.)

 

5.         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 $1,090,113 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 Juvenile 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)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.        AIRPORTS

 

1.         Staff recommends motion to approve:  

 

A) Change Order No. 3 to the Contract with All Florida Contracting Services, LLC (AFCS), for the Fuel Farm Emergency Generator Project (R2022-1030) (Contract) at the Palm Beach County Glades (PHK) Airport in the amount of $90,419.50, increasing the project duration by 35 calendar days; and

 

B) a Budget Transfer of $90,420 in the Airport's Improvement and Development Fund, including a transfer from Reserves in the amount of $90,420.

 

Summary:  The Contract provides for the installation of a generator to support the aviation fuel farm at PHK. The Contract was approved on September 13, 2022, in the amount of $395,500 with a project duration of 185 calendar days. Change Order No. 1 (R2023-0284) and Change Order No. 2 (R2024-0232) increased the project duration by a total of 419 days due to the delay in the delivery of the generator. Change Order No. 3 increases the Contract by $90,419.50 for a total cumulative contract value of $485,919.50 and increases the project duration by 35 calendar days for a total project duration of 639 calendar days. Change Order No. 3 is needed to address additional requirements identified in the permit review process. A Disadvantaged Business Enterprise (DBE) goal of 8.22% was established for this project. AFCS committed to 8.23% DBE participation. The DBE participation for this Change Order is 0%. To date, the cumulative DBE participation, including this Change Order, is 4.34%.  Countywide (AH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.        AIRPORTS (cont’d.)

 

2.         Staff recommends motion to approve:  Amendment No. 4 to the Contract with AVCON, Inc. (AVCON) for Consulting/Professional Services (Consulting Agreement) in the amount of $174,678.26 for the performance of general airport consulting services related to the Palm Beach County Department of Airports Capital Improvement Program.  Summary: The Consulting Agreement with AVCON was approved by the Board of County Commissioners (Board) on September 13, 2022 (R2022-1029) in the amount of $796,697.19.  Amendment No. 1 (R2023-1441) through Amendment No. 3 (R2024-0044) totaled $931,984.65 and provided for various services, including, but not limited to, design services for the replacement of air handler units at Palm Beach International airport (PBI) and annual stormwater pollution prevention plan updates for the County’s airports.  Approval of this Amendment No. 4 will increase the contract amount by $174,678.26 for a total contract amount of $1,903,360.10. A detailed Contract History is included in Attachment 1. This Amendment No. 4 provides the following Consultant Services Authorization (CSA): Terminal and Concourses Fire Alarm Strobe Synchronization.  AVCON is an Orlando, Florida based firm; however, the majority of the work will be completed through its Boca Raton, Florida office.  This project was presented to the Goal Setting Committee on September 1, 2021 and the Committee established an Affirmative Procurement Initiative (API) of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal and a Minority/Women Business Enterprise (M/WBE) Evaluation Preference up to 15%.  AVCON committed to 37.75% S/M/WBE participation and received eight (8) Evaluation Preference Points.  The proposed SBE participation for this amendment is 65.27%To date, the overall participation on this project including this amendment is 51.02%. Countywide (AH)

 

 

3.         Staff recommends motion to:  

 

A) receive and file an Award Modification (Modification Number 00007) of Law Enforcement Officer (LEO) Reimbursement Program Other Transaction Agreement (OTA) 70T02021T6114N251 with the Transportation Security Administration (TSA) in the amount of $27,280 for law enforcement services at Palm Beach International Airport (PBI) for the period commencing April 1, 2024 through May 1, 2024. Delegation authority for the execution of the LEO Agreement was approved by the Board of County Commissioners (Board) on August 14, 2012 (R2012-1093); and

 

B) approve a Budget Amendment in the Airport’s Operating Fund for the receipt of $27,280 of funding from the TSA.

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.        AIRPORTS (cont’d.)

 

3.         SUMMARY:  The TSA LEO Reimbursement Agreement Program provides grants for reimbursement of airport operators for expenses incurred for the provision of LEO support at airport security checkpoints.  The Palm Beach County Sheriff’s Office (PBSO) provides LEO support at PBI.  Acceptance of LEO Reimbursement Agreements will allow the County to recoup a portion of its costs for the provision of PBSO’s services at PBI.  Reimbursement is based on the availability of funds and is provided on a first–come, first-serve basis.  The initial award in the amount of $72,000 provided funds for the period of January 1, 2021 through March 31, 2021.  Modification Number 00001 in the amount of $220,000 provided funds for the period of April 1, 2021 through December 31, 2021.  Modification Number 00002 in the amount of $72,000 provided funds for the period of January 1, 2022 through March 31, 2022.  Modification Number 00003 in the amount of $220,000 provided funds for the period April 1, 2022 through December 31, 2022.  Modification Number 00004 in the amount of $72,000 provided funds for the period January 1, 2023 through March 31, 2023.  Modification Number 00005 in the amount of $220,000 provided funds for the period April 1, 2023 through December 31, 2023.  Modification No. 00006 in the amount of $80,080 provided funds for January 1, 2024 through March 31, 2024.  Modification No. 00007 in the amount of $27,280 provided funding for April 1, 2024 to May 1, 2024. At this time, the LEO OTA is not expected to be extended beyond May 1, 2024.  Countywide (AH)

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $5,906 for the full satisfaction of a code enforcement lien entered against Jeanie Martin and Susan Lee on August 7, 2019. SUMMARY: On March 6, 2019, Code Enforcement Special Magistrate (CESM) issued an order giving Jeanie Martin and Susan Lee until June 4, 2019 to bring their property located at 1702 High Ridge Road, Lake Worth into full code compliance. The violation imposed against the property included overgrown vegetation, inactive permits, and open storage of trash and debris. Compliance with the CESM’s Order was not timely achieved, and a fine of $50 per day was imposed. The CESM executed an order imposing a code lien against Jeanie Martin and Susan Lee on August 7, 2019. The Code Enforcement Division (Code Enforcement) issued an affidavit of compliance for the property on January 13, 2021. Settlement discussions began on March 6, 2024, when the total accrued fines amounted to $29,525.51. Mr. Jim Frogner, a representative for Ms. Lee and Ms. Martin, has agreed to pay Palm Beach County $5,906 (20%) for full settlement of the outstanding code enforcement lien. District 2 (SF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $9,600 for the full satisfaction of a code enforcement lien entered against Marian Blasko on June 5, 2019. Summary: On August 15, 2018, a Code Enforcement Special Magistrate (CESM) issued an order giving Marian Blasko until December 13, 2018 to bring her property located at 16620 79th Ter N, Palm Beach Gardens, FL into full code compliance. A notice of violation was issued on January 23, 2018 for construction work and installation of structures without obtaining a permit, open storage of trash and debris, and exterior structure disrepair. One violation was cured; however, the others remained unresolved. Full compliance with the CESM’s order was not timely achieved, and a fine of $50 per day was imposed. The CESM executed an order imposing a code lien against Marian Blasko on June 5, 2019. The Code Enforcement Division (Code Enforcement) issued an affidavit of compliance for the property on March 5, 2024. Settlement discussions began on April 29, 2024 when the total accrued fine amounted to $95,587.53. Ms. Blasko has agreed to pay Palm Beach County $9,600 (10%) for full settlement of the outstanding code enforcement lien. District 1 (SF)

 

3.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $12,184 for the full satisfaction of a code enforcement lien entered against Dianitza M. and Victor L. Lopez on April 7, 2021. Summary: On March 6, 2020, a Code Enforcement Special Magistrate (CESM) issued an order giving Dianitza and Victor Lopez (the “Lopezes”) until July 2, 2020 to bring their property located at 11890 68th Street North, West Palm Beach into full code compliance. Violations included open storage of trash and debris, fill and/or excavation on the property, and installation of a fence and accessory structure without permits. Compliance with the CESM’s order was not timely achieved and a fine of $50 per day was imposed. The CESM executed an order imposing a code lien against the Lopezes on April 7, 2021. The Code Enforcement Division (Code Enforcement) issued an affidavit of compliance for the property stating compliance was achieved as of November 1, 2023. Settlement discussions began on April 15, 2024; total accrued fines amounted to $60,921.20. Gabrielle D’Agostino, Esq., the real estate representative for the Lopezes, has agreed to pay Palm Beach County $12,184 (20%) for full settlement of the outstanding code enforcement lien. District 6 (SF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: First Amendment to the Amended and Restated Interlocal Agreement (R2019-0957) (Agreement) with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (Agency), to extend the term of the Agreement for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) from July 2, 2024 through July 1, 2029.  SUMMARY: This Agreement, which provides the terms and conditions under which the Agency can program its radios into and utilize the countywide common talk groups for certain types of inter-agency communications, expires on July 1, 2024. This Agreement provided for two (2) renewal options, each for a period of five (5) years. The Agency has approved the amendment to extend the term of the Agreement to July 1, 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 municipalities and local branches of state and federal agencies with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement. The Agency is required to pay all costs associated with the Agency’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. This First Amendment extends the term of the Agreement, updates 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)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to receive and file: a zero-dollar value ($0) Change Order No. 38 documenting a decrease in the amount of $26,510.18 to the project contingency fund of Amendment No. 1 (R2018-2062) to the Construction Manager (CM) at Risk Services contract (R2015-0852) with James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company (Pirtle) for the Palm Beach County Sheriff’s Office (PBSO) Forensic Sciences and Technology Facility project.  SUMMARY: On December 18, 2018, the Board of County Commissioners (Board) approved Amendment No. 1 (R2018-2062) to the CM at Risk Services contract (R2015-0852) with Pirtle in the amount of $26,305,228, establishing a Guaranteed Maximum Price (GMP) for construction management services to construct an approximately 87,000 square foot secure lab/office/warehouse facility with an 800 to 1000 vehicle impound lot.  Change Order No. 38 to Amendment No. 1 (Change Order No. 38) authorizes the use of project contingency funds for unforeseen field conditions requiring additional landscaping services for the PBSO Forensic Sciences and Technology Facility project, as allowed by the contract provisions. In accordance with Policy and Procedure Memorandum (PPM) CW-F-050, Lead Departments are authorized to approve $0 Change Orders associated with a Contingency Use Directive (CUD), then an agenda item notifying the Board of such $0 Change Orders must be presented as a receive and file. Change Order No. 38 is a $0 CUD Change Order. This agenda item is being submitted to notify the Board of $0 CUD Change Orders established by PPM CW-F-050. The CM at Risk Services contract with Pirtle was awarded pursuant to the Small Business Enterprise (SBE) ordinance. This Amendment was established pursuant to the SBE Ordinance. The contract established an SBE participation goal of 15%.  There is no SBE participation for this Change Order. To date, the overall SBE participation for this contract is 21.51% SBE participation. Funding for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 3 (MWJ)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to receive and file:

 

A) Standard License Agreement for Use of County-Owned Property (Lantana/Lake Worth Health Center)  for the period of February 1, 2024 through September 30, 2024, with  Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc. to provide Maternity Care Program Model, without a license fee;

 

B) Standard License Agreement for Use of County-Owned Property (North and West County Senior Centers)  for the period of April 16, 2024 through April 15, 2025, with Safety Council of Palm Beach County Inc., for driver safety classes, without a license fee; and

 

C) Standard License Agreement for Use of County-Owned Property (Judicial Center Parking Garage and Surface Lot, Governmental Center parking garage and 4th Street parking lot) for the period of May 3, 2024 through May 5, 2024, with Sunfest of Palm Beach County Inc., for parking, entailing a license fee of $24,000.

 

SUMMARY:  In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item.  The attached standard agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee, who in this case was the Director of the Facilities Development and Operations Department. The Standard License Agreements were approved in accordance with R2010-0333, as amended and approved by the Board on October 1, 2013. The executed documents are now being submitted to the Board to receive and file. (FDO Admin) Countywide (YBH)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

4.         Staff recommends motion to:

 

A) approve a Criminal History Record Check User Agreement for Non-Criminal Justice Purposes (Agreement) with the Florida Department of Law Enforcement (FDLE).  FDLE’s services are provided on an as-needed basis, but based upon last year’s use, it is estimated that expenditures for the remainder of this fiscal year will total approximately $19,000; and 

 

B) authorize the County Administrator or designee, which in this case shall be the Director of Facilities Development & Operations (FDO) to execute the Agreement on behalf of the Board of County Commissioners (Board); and to execute future amendments to or updated versions of this Agreement with FDLE, upon review and approval by the County Attorney’s Office, that do not substantially change the terms or conditions.

 

SUMMARY: The Palm Beach County Criminal History Record Check Ordinance requires criminal history record checks of certain persons requiring access to facilities that the Board has determined to be critical to public safety or security and/or critical to criminal justice information security.   This Agreement is FDLE’s standard agreement with governmental agencies to provide access to criminal history records and it details the fees for FDLE’s services, the procedures for submitting fingerprints and the retention, privacy and security requirements for criminal history records.  (FDO ESS) Countywide (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

5.         Staff recommends motion to approve: First Amendment to the Amended and Restated Interlocal Agreement (R2019-1627) (Agreement) with the Town of Loxahatchee Groves (Town), to extend the term of the Agreement for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) from July 20, 2024 through July 19, 2029.  SUMMARY: The Agreement (R2019-1627), which provides the terms and conditions under which the Town can program its radios and utilize the countywide common talk groups of the County’s System, expires on July 19, 2024. The Agreement provided for two (2) renewal options, each for a period of five (5) years. The Town has approved this Amendment to extend the term of the Agreement to July 19, 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 municipalities, local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Town is required to pay all costs associated with the Town’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)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

6.         Staff recommends motion to approve: Work Order No. 24-015 to the annual minor construction services contract (R2020-1575) with Ralph Della-Pietra Inc. (Contractor) in the amount of $709,940 for the Caloosa Park Racquetball Court Construction project for a period of 150 calendar days from notice to proceed.  SUMMARY: The project consists of the demolition and replacement of sixteen (16) existing racquetball courts located at Caloosa Park in Boynton Beach. Work Order No. 24-015 authorizes the construction services necessary to furnish all labor, equipment, devices, tools, materials, transportation, professional services, supervision, drawings, permitting and all miscellaneous requirements necessary for the Caloosa Park Racquetball Court Construction project. The new racquetball courts will better serve the public who utilizes Caloosa Park for recreational activities. This project was competitively advertised and new contractors were invited to bid by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 150 calendar days from notice to proceed to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $200 per day. This Work Order was solicited pursuant to the annual minor construction services contract and the requirements of the Equal Business Opportunity (EBO) Ordinance. The annual minor construction services contract was presented to the Goal Setting Committee on August 21, 2019. The Committee applied the following three Affirmative Procurement Initiatives (APIs): 1) sheltered market for projects under $100,000; or 2) a Small Business Enterprise (SBE) contractor will be given a price preference if its bid is within 10% of the lowest non-small business bid on a single trade project $100,000 or greater; or 3) a mandatory 25% SBE subcontracting goal for a multi-trade project $100,000 or greater. Since this is a multi-trade project over $100,000, the mandatory 25% SBE subcontracting goal API was applied. The SBE participation for this Work Order is 26.92%.  To date, the Contractor’s overall SBE participation is 11.52%. To date, the overall SBE participation on the annual minor construction services contract is 64.32%. The Contractor is a certified SBE company and a Palm Beach County business. Funding for this project is from a Solid Waste Authority (SWA) Grant and the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 4 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

7.         Staff recommends motion to approve: Supplement No. 1 to Consultant Services Authorization (CSA) No. 11 to the consulting services/design professional services contract (R2020-1045) with Currie Sowards Aguila Architects, Inc. (Consultant) in the amount of $492,893.14 for the Fire Rescue Station No. 24 project.  Summary: On August 25, 2020, the Board of County Commissioners (Board) approved the consulting services/design professional services contract (R2020-1045) with the Consultant for the Palm Beach County Fire Rescue Development and Implementation of a Comprehensive Fire Station Capital Improvements Program (CIP). The existing Fire Rescue Station No. 24 is in need of significant renovations to meet modern fire safety standards. Upon thorough evaluation of the required renovations, it has been determined that constructing a new fire station at a new site, is the best and most economically viable solution to address the station’s existing issues. CSA No. 11 authorized the professional services necessary for a due diligence report for the Fire Rescue Station No. 24 project to ensure that the new site is feasible for the new fire station. Under Supplement No. 1 to CSA No. 11 (Supplement No. 1), the Consultant will provide the professional services (i.e., design, bidding/permitting assistance, construction document preparation and construction administration services) necessary for the new Fire Rescue Station No. 24 project. The new fire station will be approximately 12,650 square feet with two (2) apparatus bays. The consulting services/design professional services contract was presented to the Goal Setting Committee on December 4, 2019 and the Committee established Affirmative Procurement Initiatives (APIs) of a minimum mandatory 25% Small Business Enterprise (SBE) subcontracting goal and 15 points evaluation preference for SBE participation. The Consultant committed to achieving an SBE goal of 52%. The SBE participation on this supplement is 70.21%. To date, the overall SBE participation on the contract is 75.10%. The Consultant is a local SBE firm. Funding for this project is from the Fire Rescue Improvement fund. (Capital Improvements Division) District 7 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

8.         Staff recommends motion to approve: First Amendment to Interlocal Agreement (R2019-1308) (Agreement) with the Port of Palm Beach District (Port), to extend the term of the Agreement for radio maintenance service from August 16, 2024 through August 15, 2029.  Summary: This Agreement (R2019-1308), which provides the terms and conditions under which the Port received radio equipment maintenance services from the County, expires on August 15, 2024. This Agreement provided for two (2) renewal options, each for a period of five (5) years. The Port has approved the Amendment to extend the term of the Agreement to August 15, 2029, and the renewal now requires approval by the Board of County Commissioners (Board). The terms of the Agreement are standard and the maintenance rates are consistent with those being charged to County departments. Services will be provided on an as-needed basis and billed to the Port. In the event that the County must out-source the labor, a separate labor rate is provided to cover the cost of the contract labor. The rates may be adjusted annually with notification by June 1 (effective the following October 1st) at the County’s sole discretion, but in no event shall the Port’s fee schedule exceed the fee schedule applied to County departments. There is no fiscal impact associated with this item, as the expenses offset the revenues. The Agreement may be terminated by either party, with or without cause, with a minimum of three (3) months’ notice. This First Amendment extends the term of the Agreement and adds the E-verify provision. Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

9.         Staff recommends motion to approve: Work Order No. 24-011 to the annual heating, ventilation and air conditioning (HVAC) contract (R2020-0019) with Cedars Electro-Mechanical, Inc. (Contractor) in the amount of $519,815 for the WUD CROC Chiller Replacements project for a period of 360 calendar days from notice to proceed. Summary: The work consists of furnishing all labor, equipment, devices, tools, materials, transportation, professional services, supervision, drawings, permitting and all miscellaneous requirements necessary to remove and replace two (2) chillers including associated pipe connections and valves at the WUD CROC facility. The existing equipment is original to the building construction and has outlived its useful life. The new chiller will be more efficient and provide years of dependable service. This project was competitively advertised and new contractors were invited to bid on the project by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 360 calendar days from notice to proceed to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $180 per day. This work order was solicited pursuant to the annual HVAC contract and the requirements of the Equal Business Opportunity (EBO) Ordinance. The annual HVAC contract was presented to the Goal Setting Committee on August 21, 2019 and the Committee established Affirmative Procurement Initiatives (APIs) of sheltered market for projects less than $100,000 (when three (3) or more small businesses are qualified under the annual contract) or an SBE contractor will be given a price preference for projects $100,000 or greater if its bid is within 10% of the lowest non-small business bid. Since this project is over $100,000, the SBE price preference API was applied. The Contractor is a local SBE firm. To date, the Contractor has achieved 86.86% SBE participation on this contract. The SBE participation on this work order is 96.29%. To date, the overall SBE participation on the annual HVAC contract is 30.63%. Funding for this project is from the WUD Operation & Maintenance fund. (Capital Improvements Division) District 3 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

10.       Staff recommends motion to approve: Work Order No. 24-008 to the annual heating, ventilation and air conditioning (HVAC) contract (R2020-0229) with Air Mechanical & Service Corp. (Contractor) in the amount of $253,321 for the Main Branch Library (Summit)-Chiller Replacement project for a period of 450 calendar days from notice to proceed.  Summary: The work consists of furnishing all labor, equipment, devices, tools, materials, transportation, professional services, supervision, drawings, permitting and all miscellaneous requirements necessary to remove and replace one (1) eighty (80) ton air-coiled chiller including associated non-integrated pumps, gauges, insulated piping, HVAC equipment and reconnect the existing Building Automation System (BAS) at the Summit Library Facility. The existing equipment is original to the building construction and has outlived its useful life. The new chiller will be more efficient and provide years of dependable service. This project was competitively advertised and new contractors were invited to bid on the project by submitting prequalification documents prior to the submission of the bid response. The Contractor will have 450 calendar days from notice to proceed to substantially complete the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $180 per day. This work order was solicited pursuant to the annual HVAC contract and the requirements of the Equal Business Opportunity (EBO) Ordinance. The annual HVAC contract was presented to the Goal Setting Committee on August 21, 2019 and the Committee established Affirmative Procurement Initiatives (APIs) of sheltered market for projects less than $100,000 (when three (3) or more small businesses are qualified under the annual contract) or an SBE contractor will be given a price preference for projects $100,000 or greater if its bid is within 10% of the lowest non-small business bid. Since this project is over $100,000, the SBE price preference API was applied. To date, the Contractor has achieved 0.30% SBE participation on this contract. The SBE participation on this work order is 1.44%. To date, the overall SBE participation on the annual HVAC contract is 30.63%. Funding for this project is from the ARPA Response Replacement funds that do not require a local match. (Capital Improvements Division) District 3 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

11.       Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Health Care District of Palm Beach County (HCD) to provide fleet and fuel management services from July 8, 2024 to July 7, 2029, with net revenue fees totaling $3,618 for fiscal year 2024.  Summary: The Agreement establishes the terms and conditions by which the County provides fleet and fuel management services to the HCD. The services provided include the provisions of preventative maintenance and corrective repairs to vehicles and equipment, provision of fuel for HCD vehicles and aviation fuel for the Trauma Hawk Aeromedical Program, and the management and operation of the fuel sites. The term of the Agreement provides for an initial term of five (5) years with two (2) renewal options, each for a period of five (5) years. The terms of the Agreement are standard and the maintenance rates are consistent with those being charged to County departments. In the event the County must outsource the work, a separate commercial repair rate is provided. The rates may be adjusted annually, but in no event shall the fees to the HCD exceed the fee schedule applied to County departments. The Agreement may be terminated by either party, with or without cause, with a minimum of sixty (60) days’ notice. The County does not require any additional staffing and/or equipment to implement this Agreement, and as such, this Agreement will result in increased revenues to the Fleet Management Fund. (FDO–Admin) Countywide (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

12.       Staff recommends motion to approve: Change Order No. 12 to the contract (R2021-1072) with The Morganti Group, Inc. for the Fire Station No. 40 project in the amount of $592,975.03, increasing the project duration by 213 calendar days.  Summary: On August 17, 2021, the Board of County Commissioners (Board) approved the contract (R2021-1072) with The Morganti Group, Inc. in the amount of $4,547,000 to construct a two (2) bay single story prototypical fire station, located in Boynton Beach, that is approximately 6,700 square feet in size with nine (9) bunk rooms, weight room, kitchen, dayroom, detached generator, dumpster building, water retention systems and associated infrastructure. Change Order No. 12 authorizes the additional labor and materials necessary for electrical, mechanical, low voltage and general construction services necessary for the Fire Station No. 40 project. Change Order No. 12 also increases the project duration by 213 calendar days as a result of the time required to coordinate and complete the additional work. This project was competitively advertised on March 7, 2021 in accordance with the Palm Beach County Purchasing Code and pursuant to the requirements of the Equal Business Opportunity (EBO) Ordinance. This project was presented to the Goal Setting Committee on February 3, 2021 and the Committee established an Affirmative Procurement Initiative (API) of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal, of which 5% must be from a Minority Business Enterprise (MBE)-African or Hispanic for the contract. The SBE participation for this change order is 24.24%, of which 3.53% is MBE. To date, the overall SBE participation on this project is 22.87% SBE participation, of which 9.01% is MBE. The Morganti Group, Inc. is not a certified SBE; however; the firm is a Palm Beach County business. Funding for this project is from the Fire Rescue Improvement Fund.  (Capital Improvements Division) District 2 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

13.       Staff recommends motion to approve: a First Amendment to Agricultural Land Management Interlocal Agreement (First Amendment) with Palm Beach Soil and Water Conservation District (PBSWCD), a public corporation of the State of Florida, for the management of County-owned property within the Agricultural Reserve, to retroactively extend the term of the Agreement from July 1, 2024 through June 30, 2027 and increase the annual management fee by 9% to $67,470.  Summary:  Since July 2000, PBSWCD has managed the County’s agricultural lands under several Agricultural Land Management Interlocal Agreements.  On May 18, 2021, the Board of County Commissioners (BCC) approved the current Agricultural Land Management Interlocal Agreement (R2021-0701) (Agreement) with an initial term of three (3) years expiring on June 30, 2024, plus one (1) three (3) year renewal option at an annual management fee of $61,899. The Agreement also provides for an increase of the annual management fee by five percent (5%) upon exercise of the renewal option which would equate to an annual management fee of $64,994.   PBSWCD desires to exercise their option to extend and has requested the annual management fee be increased to nine percent (9%), due to increases in its annual expenses, specifically insurance costs.  This First Amendment retroactively extends the term for a period of three (3) years commencing July 1, 2024 and expiring on June 30, 2027, and increases the annual management fee by nine percent (9%) which equates to $67,470 per year for the extension term.  All other terms of the Agreement remain unchanged. Staff is requesting a retroactive approval as a properly executed First Amendment was not timely received.  Property & Real Estate Management Division (PREM) will continue to have management responsibility for the Agreement with the assistance of Cooperative Extension Services.  (Property & Real Estate Management) District 5 (HJF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

                        14.       Staff recommends motion to approve:

 

A) a Utility Easement Agreement (Easement) in favor of Florida Power & Light Company (FPL) for underground electrical services and an above ground pad-mounted transformer to service the new County Canyon Branch Library (Facility); and

 

B)  a Declaration of Easement in favor of Palm Beach County to provide utility services to the Facility located on 8915 Senator Joe Abruzzo Ave., in unincorporated Palm Beach County.

 

Summary:  The Facility is located at Senator Joe Abruzzo Avenue, east of Lyons Road, in unincorporated Palm Beach County. During the development process, underground electric service and an above ground pad-mounted transformer were installed.  The Utility Easement in favor of FPL is for the installation and maintenance of underground power lines including a pad mounted transformer.  The Declaration of Easement is for water/sewer services to the Facility provided by the County’s Water Utilities Department (WUD).  The FPL easement area is 10 feet wide and encompasses approximately 1,972 square feet (0.045 acres).  The Declaration of Easement varies in width from 7 feet to 14 feet and encompasses approximately 5,141 square feet (0.118 acres).  Both the Utility Easement and Declaration of Easement are perpetual easements being granted at no charge since they provide services only to the Facility.  Both easements will be recorded in the public records of Palm Beach County.  There is no fiscal impact associated with the approval of this agenda item.  (Property & Real Estate Management) District 5 (HJF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to execute: a “Certification By State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan” for the Palm Beach County Housing Authority (PBCHA) in connection with its Annual Plan for Fiscal Year 2024-2025. SUMMARY: The PBCHA has prepared its Annual Plan for Fiscal Year 2024-2025 for submission to the Department of Housing and Urban Development (HUD).  HUD requires the County to confirm that the plans and programs outlined in the Annual Plan are consistent with the goals and objectives set forth in the County’s Consolidated Plan.  Consistency with the Consolidated Plan is documented through a “Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan.” The Department of Housing and Economic Development (HED) has reviewed the PBCHA Annual PHA Plan and determined that the goals, objectives, and activities outlined therein are consistent with the Palm Beach County Consolidated Plan for Fiscal Years 2020-2024.  Some specific goals outlined in the PBCHA’s Plan which are consistent with the goals set forth in the County’s Consolidated Plan are to target assistance to households with incomes of no more than 50% of Area Median Income, as well as the elderly and families with disabilities.  The Plan also calls for activities that will affirmatively further fair housing, increase the number of affordable housing units and de-concentrate public housing.  Countywide (HJF)

 

2.         Staff recommends motion to approve: the nomination of Ms. Tracy L. Caruso as Chairperson of the Housing Finance Authority of Palm Beach County, Florida (Authority), for the term of July 2, 2024 to July 1, 2025.  SUMMARY: Staff recommends Board of County Commissioners’ (BCC) approval of the nomination of Ms. Tracy L. Caruso as Chairperson of the Authority.  At their regular meeting of May 10, 2024, the Authority Board nominated Ms. Caruso as its Chairperson to serve a second and final term of one (1) year in accordance with Ordinance No. 2002-022, as amended.  This Ordinance requires the nomination of the Chairperson to be submitted to the BCC for approval. Countywide (HJF)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.         Staff recommends motion to:

 

A) approve a Request for Release of Funds and Certification / HUD Form 7015.15 (RROF) required for an environmental review conducted on behalf of the Boca Raton Housing Authority (BRHA) for the Dixie Manor redevelopment project;

 

B) approve a Memorandum of Agreement (MOA) between the Florida State Historic Preservation Officer (SHPO), Palm Beach County, and the BRHA; and

 

C) delegate signatory authority to the County Administrator or designee to execute RROF, the MOA, and any other documents necessary for the environmental review that do not substantially change the RROF, MOA, or terms or conditions thereof.

 

SUMMARY:  The BRHA is redeveloping the Dixie Manor public housing complex located at 1350 N. Dixie Highway, Boca Raton.  The existing 95-unit complex will be demolished and replaced with a newly-constructed 95-unit affordable rental development to be known as Residences at Martin Manor. Because the BRHA receives funding from the U.S. Department of Housing and Urban Development (HUD), it is required to conduct an environmental review in accordance with Federal regulations at 24 CFR Part 58. BRHA requested that Palm Beach County assume the role of Responsible Entity to undertake the environmental review on its behalf. The environmental review has been completed and the County must now provide to HUD a RROF for the project. The RROF affirms that procedures required by 24 CFR Part 58 have been followed, that the activity did not require an Environmental Impact Statement, and that the County will comply with the National Environmental Policy Act and other environmental laws as they relate to the project.  As part of the environmental review, the SHPO determined that the demolition of structures at the Dixie Manor site would have an adverse effect on the Pearl City Historic District.  Consequently, a MOA is required between SHPO, the County, and BRHA to delineate measures which BRHA will implement to mitigate adverse impacts on historical resources.  The required Notice of Intent to Request Release of Funds was published on June 1, 2024 and no public comments were received during a 15-day comment period. Delegation of signatory authority to the County Administrator, or designee, will allow the environmental review to proceed in a timely manner.  District 4 (HJF)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

4.         Staff recommends motion to:

 

A)  approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the total amount of $233,244 to Madison Terrace, LLC;

 

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 $196,292 in Impact Fee Assistance Program – Roads Zone 4 to appropriate funds for Madison Terrace, LLC;

 

D)  approve a Budget Transfer of $21,654 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds for Madison Terrace, LLC; and

 

E)  approve a Budget Transfer of $15,298 in Impact Fee Assistance Program – Public Building   to appropriate funds for Madison Terrace, LLC.

 

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.  Madison Terrace, LLC submitted an application in response to the NOFA.  Staff recommends that up to $233,244 be provided as a credit for impact fees associated with the construction of 91 rental units for the seniors in a 6-story high-rise consisting of 8 studios and 83 1bed/1bath units located at 821 S. Dixie Highway, Lake Worth Beach. Madison Terrace, LLC will be given credits for Roads Zone 4 Impact Fees ($196,292), Parks Zone 2 ($21,654), and Public Building Impact Fees ($15,298) for the construction of the Madison Terrace project.  Madison Terrace, LLC will pay impact fees above the allocated $233,244. The IFAHAP requires that all assisted units be rented to persons with income no greater than 140% AMI for no less than 50 years. However, Madison Terrace will provide 10 units at 40% AMI and 81 units at 60% AMI. These funds are from interest earned by the Impact Fee Fund. District 2 (HJF)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

5.         Staff recommends motion to:

 

A) consent to the conveyance of real properties currently owned by the Palm Beach Habilitation Center, Inc. (Center) and Seagull Industries for the Disabled, Inc. (Seagull) to The ARC of Palm Beach County, Inc. (ARC); and

 

B) delegate authority to the County Administrator, or designee, to execute the consent agreements, amendments thereto, and all other documents necessary for conveyance that do not substantially change the terms or conditions.

 

SUMMARY: On December 22, 2021, the Center consolidated with ARC, and on September 30, 2021 Seagull consolidated with ARC. Under the consolidation agreements, all real property owned by the Center and Seagull will be transferred to ARC.  Some of the properties that have been identified contain a deed restriction clause that requires written approval of any conveyance by Palm Beach County and require that the use of the property remain consistent with the intended use at the time of original conveyance.  Staff has no objection to the conveyance between the two parties since the use of the properties will remain the same as required by the deed restrictions. County’s consent is not intended to and shall not alter, amend, release or otherwise affect the existing restrictions in favor of County. Countywide (HJF)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

6.         Staff recommends motion to approve: reappointment of five (5) nominees and appointment of two (2) new nominees to the Commission on Affordable Housing (CAH) to complete three (3) year terms as follow:

Seat:

Reappoint:

Nominated By:

Advocate for Low Income Persons

Ezra M. Krieg

Commissioner Bernard

(7/2/24 to 7/1/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

Real Estate Professional

Lynda Charles

Commissioner Bernard

(7/10/24 to 7/9/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

 

 

 

Banking or Mortgage

Amy L. Robbins

Commissioner Bernard

Banking Industry

(7/10/24 to 7/9/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

For Profit Provider of

William Elliott Johnson

Commissioner Bernard

Affordable Housing

(7/10/24 to 7/9/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

Labor Engaged in Home 

George Adam Campbell

Commissioner Bernard

Building

(7/2/24 to 7/1/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

Seat:

Appoint:

Nominated By:

Resident of the Jurisdiction

Nicholas Bixler

Commissioner Weiss

(7/2/24 to 7/1//27)

Residential Home Building

Brandon Cabrera

Commissioner Barnett

(7/2/24 to 7/1/27)

 

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

6.         SUMMARY: The CAH conducts an annual review of established and proposed policies and procedures, ordinances, land development regulations, and the comprehensive plan of the County and recommends actions or initiatives to encourage or facilitate affordable housing. Staff recommends reappointment/appointment of the above listed individuals to the CAH to fill seven (7) seats to three (3) year terms. Nominees include five (5) current members who are seeking reappointment and two (2) nominees who are seeking initial appointments. In accordance with Section 420.9076, Florida Statutes and Ordinance No. 2017-017, the CAH functions to review local affordable housing policies and incentive strategies, and to provide recommendations to the County regarding the same. Section 420.9076, Florida Statutes calls for a minimum of eight (8) and a maximum of 11 members representing various categories related to affordable housing. Members serve three (3) year terms.  Lynda Charles from the Community Partners of South Florida has disclosed her employer’s existing contracts with the county. Staff has evaluated these contractual relationships and determined that the CAH provides no regulation, oversight, management or policy-setting recommendations regarding any of the disclosed contractual relationships. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics.  With the appointment of the seven (7) uncontested nominees, a diversity count of the nine (9) members will demonstrate a gender ratio (female:male) of 2:7 and a racial/ethnic breakdown as follows: Caucasian: 6 (67%), African American: 2 (22%), Hispanic 1 (11%). Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HJF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to:

 

A)  authorize the Palm Beach County Water Utilities Department (PBCWUD) to apply for additional funding from Florida Department of Environmental Protection (FDEP) Resilient Florida Program for two (2) projects:

 

1. Project No. 21-059R (FDEP Agreement No. 22FRP75) Wastewater Lift Station LS 637 Hardening Improvements (LS 637) additional funding for approximately $500,000;

2. Project No. 22-012 (FDEP Agreement No. 22FRP71) Western Region Wastewater Treatment Facility (WRWWTF) Operations Building Replacement seeks additional funding for approximately $7,500,000 (WRWWTF Ops Building);

 

B)  authorize the Palm Beach County Water Utilities Department (PBCWUD) to apply for funding from FDEP Resilient Florida Program for two (2) projects:

 

1.  Project No. 19-035 Western Region North Wastewater Treatment Facility  and Wet Weather Improvements (WRNWWTF Project) for a grant estimated up to $6,500,000;

2. Future Project WRWWTF Electrical Building Replacement (WRWWTF Electrical) for a grant estimated up to $10,000,000;

 

C) 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 of the forthcoming; and

 

D) 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.

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

1.         Summary: FDEP offers the Resilient Florida Program to enhance state efforts to prepare local communities with critical public infrastructures for the impact of sea level rise, intensified storms and flooding. On February 7, 2023, the Board of County Commissioners (BCC) approved the Grant Agreement for LS 637 (R2023-0170) in the amount of $250,000 and the WRWWTF Ops Building (R2023-0169) in the amount of $7,707,222.30. The LS 637 and WRWWTF Ops Building Projects were awarded in Fiscal Year 2021 of the Resilient Grant Program and are eligible for additional funding because of the rising construction costs. WRNWWTF Project and WRWWTF Electrical Projects will be new applications to further harden and mitigate PBCWUD critical assets and provide reliable service.  The LS 637, WRWWTF Ops Building, and WRNWWTF Projects are included in the current budget. The LS 637, WRWWTF Ops Building, and WRNWWTF Projects are included in the current budget.  The grants for LS 0637, WRWWTF Ops, and WRWWTF Electrical Projects require a 50% match which will be funded from a one-time expenditure from Water Utilities user fees, connection fees and balance brought forward. The WRNWWTF Project requires no match.  Districts 3 & 6 (MWJ)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

2.         Staff recommends motion to approve:

 

A) Supplement No. 1 to Consultant Services Authorization No. 2 (CSA 2) for Design Package 2 (DP2) Construction Phase Services with Kimley-Horn (Consultant) for a not to exceed amount of $570,365.01; and

 

B) Supplement No. 2 to Consultant Services Authorization No. 3 (CSA 3) for Design Package 1, 3, and 4 (DP134) Construction Phase Services with Consultant for a not to exceed amount of $619,122.34. Both CSAs are in support of the Water Treatment Plant No. 2 (WTP 2) Treatment and Disposal Improvements (Project).

 

Summary: On September 18, 2018, the Board of County Commissioners (BCC) approved the Palm Beach County Water Utilities Department (PBCWUD) Contract for Consulting/Professional Services WTP 2 Treatment and Disposal Improvements (Contract) (R2018-1385) with Consultant. 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 Opportunity (EBO) Ordinance on October 16, 2018. The SBE participation goal established by the 2002 SBE Ordinance was 15% overall participation. The Contract provides for 54% SBE participation, which includes 4% Minority/Women Business Enterprise (M/WBE) participation.  CSA 2 Supplement No. 1 provides for additional construction phase services to accommodate for schedule delays and additional efforts for DP2, which provides for the construction of a Deep Injection Well (DIW) and associated components at WTP 2. Services under Supplement No. 1 include additional project management, additional drilling and pre-injection testing oversight, shop drawing and request for additional information reviews and the renewal of the DIW Construction Permit. Supplement No. 1 includes 76.25% SBE participation, which includes 2.59% M/WBE participation. The cumulative SBE participation, including Supplement No. 1, is 56.09%, which included 14.56% M/WBE participation.  CSA 3 Supplement No. 2 provides for additional construction phase services due to additional effort and coordination for DP134, which provides for the construction of a ground storage tank, lime softening treatment unit, surficial aquifer supply well, chemical storage delivery systems, exterior stairs/elevated walkways; electrical, instrumentation, piping, pumps and general civil site improvements.


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (cont’d.)

 

2.         SUMMARY (cont.): Services under Supplement No. 2 include additional shop drawing reviews, request for additional information coordination, and construction site observation time, electrical scope for Supervisory Control and Data Acquisition (SCADA) screens and the reallocation of some construction phase services from subconsultants to Consultant.  Supplement No. 2 includes 27.83% SBE participation, which includes 18.45% M/WBE participation. The cumulative SBE participation, including Supplement No. 1, is 51.06%, which included 16.26% M/WBE participation.  Consultant is headquartered in Raleigh, North Carolina, but maintains an office in Palm Beach County from which the majority of the work will be undertaken.  The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 18-066) District 2 (MWJ)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve:

 

A) Annual Contract with Eastman Aggregate Enterprises, LLC (Contractor A) not to exceed $12,335,138 providing construction services for Palm Beach County Dune and Beach Restoration Annual Contract (Federalized), Project No. 2024ERM01 for a period of two (2) years; and

 

B) Annual Contract with Dickerson Infrastructure, Inc. (Contractor B) not to exceed $13,059,865 providing construction services for Palm Beach County Dune and Beach Restoration Annual Contract (Federalized), Project No. 2024ERM01 for a period of two (2) years.

 

SUMMARY:  These contracts will provide for the construction of dune and beach habitat restoration projects at the County's discretion through multiple work orders, issued on an as-needed basis. The initial contract term is two (2) years, which may be extended for an additional one (1) year upon approval by the Board of County Commissioners (BCC). Four (4) sealed bids were received by the Department of Environmental Resources Management (ERM) on March 7, 2024. ERM recommends award to two (2) contractors to provide redundancy and capacity for multiple, concurrent projects. Eastman Aggregate Enterprises, LLC, a Lake Worth, Florida company, was the lowest responsive, responsible bidder. Dickerson Infrastructure, Inc., a Fort Pierce, Florida company, was the next lowest responsive, responsible bidder. The restoration projects constructed under these contracts include potential federal funding or reimbursement in all project areas. Federal rules prohibit local geographical preferences in construction procurements involving federal funds, so the County’s Office of Equal Business Opportunity Program, Local Preference, Glades Local Preference, Glades Resident Incentive, and Apprentice Incentive could not be included in this competitive solicitation. Districts 1, 4, and 7 (YBH)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following two (2) executed Entertainment Contractor Agreements:

 

A) Gary Frost in an amount not to exceed $600 for the Legends on the Lawn Sour Mash concert at Canyon Amphitheater on April 20, 2024; and

 

B) Rocket Entertainment Group LLC  in an amount not to exceed $1,600 for the Carlin Park After Dark Doors Alive concert at Seabreeze Amphitheater on April 13, 2024.

 

Summary:  The Parks and Recreation Department (Department) produces cultural activities to promote the quality of life in the communities it serves. A sponsorship received for the Legends on the Lawn events from Nostalgic America offset the expense of the concert at Canyon Amphitheater. These Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367.  The Department is now submitting these Agreements in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item.  Districts 1 and 5 (AH)

 

 

2.         Staff recommends motion to receive and file: an executed Sound and Light Production Services Contractor Agreement with Sanderford Sound, Inc., in an amount not to exceed $2,285 for the Carlin Park After Dark Doors Alive concert at Seabreeze Amphitheater on April 13, 2024.  Summary:  This Sound and Light Production Service Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department (Department) in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179. The Department is now submitting this Agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item.  District 1 (AH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (cont’d.)

 

3.         Staff recommends motion to receive and file:  an executed Special Events Rental Agreement with Battle Bros LLC for the South Florida Food Fest and Craft Fair at Burt Aaronson South County Regional Park, for the period March 7, 2024 through March 11, 2024. This event generated $5,041 in revenue, with $2,441 in direct expenses; thus providing a net fiscal impact of $2,600.  Summary:  This Special Events Rental Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department (Department) in accordance with Resolution R2021-1552. The Department is now submitting this Agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a Receive and File agenda item. District 5 (AH)

 

4.         Staff recommends motion to receive and file: an executed Independent Contractor Agreement with Go with Gabe LLC, for pickleball instruction at various Palm Beach County Parks locations (indoor and outdoor) for the period of April 1, 2024 through July 31, 2024. The estimated revenue for this agreement is a maximum of $16,160, with the contractor’s expenses maximum of $7,700, thus providing an estimated maximum net fiscal impact of $8,460. Summary: This Independent Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department (Department) in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168, 2017-0822 and 2021-2049.  The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a Receive and File agenda item. Countywide (AH)

 

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file:

 

A) Second Amendment to the Interlocal Agreement (R2022-0565) with Florida State University (FSU) to extend the term of the agreement to August 31, 2025, increase the not to exceed amount by $100,000 for a new not-to-exceed amount of $409,879, amend the Scope of Work and Budget to include an evaluation of Palm Beach County’s (PBC) Court Date Reminder System and the Public Defender’s community-based social services program; and

 

B) Second Amendment to the Interlocal Agreement (R2022-0618) with Florida Atlantic University (FAU) to amend the Scope of Work for Phase 2 of the Trauma Informed Training in PBC evaluation. 

 

Summary: The above-referenced amendment to the FSU agreement is in support of the Criminal Justice Commission’s (CJC) work in the MacArthur Foundation’s Safety and Justice Challenge (SJC) to safely reduce the jail population and address racial and ethnic disparities in that population.  The amendment to the FSU Interlocal agreement amends the Scope of Work to include an evaluation of the efficacy of the Court Date Reminder System and the Public Defender’s community-based social services program. During the period of July 1, 2018 through December 31, 2022, the Public Defender has provided services to 294 individuals based on their needs. The FSU contract increase utilizes SJC grant funds.  The amendment to the FAU Interlocal agreement amends Phase 2 of the Trauma Informed training evaluation which includes an implementation guide.  In September 2022, 55 local law enforcement, corrections, court personnel, and behavioral health community partners completed the training.  The County Administrator executed the amendments to the FSU and FAU contracts after approval of legal sufficiency by the County Attorney’s Office and within budgeted allocations, that do not substantially change the scope of work, or terms and conditions of the Agreement,  pursuant to R2022-0565, R2022-0618 respectively, and in accordance with County PPM CW-O-051.  All delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item.  No County matching funds are required. Countywide (HH)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (cont’d.)

 

2.         Staff recommends motion to:

 

A)  receive and file Grant Adjustment Notice (GAN) 5 of the John D. and Catherine T. MacArthur Foundation (Foundation)  Safety and Justice Challenge (SJC) Grant 19-1806-153373-CJ to realign the previous award budget;

 

B) receive and file GAN 2 of the Foundation SJC Grant 22-2001-154459-CJ to realign the previous award budget and to reflect a no-cost extension through December 31, 2025;

 

C)  approve a  Budget Transfer of $40,382 in the Foundation’s SJC $1.4M Fund to realign the budget based on the approved GAN;

 

D)  approve a Budget Transfer of $79,294 in the Foundation’s SJC $875K Fund to realign the budget based on the approved GAN; and

 

E)  approve a Budget Amendment of $64,587 in the General Fund Public Safety Department to recognize the increase from both Foundation SJC grants.

 

Summary: In 2017, Palm Beach County (PBC) was awarded a $2M grant from the Foundation for the SJC initiative (R2017-1709). In 2019, PBC was awarded an additional $1.4M from the Foundation (R2020-0484; R2020-0485). In 2023, PBC was awarded an additional $875,000 sustainability grant from the Foundation (R2023-0953). GANs 5 and 2 were approved by the Foundation to realign the budget to best fit the goals of the grant, and GAN 2 also incorporated a no-cost extension through December 31, 2025.  The goals of the SJC initiative include safely reducing the average daily population (ADP), admissions, and length of stay.  The jail ADP has been reduced by 17.5% and admissions have been reduced by 28% over the period of the project (ADP 2,283 baseline in May 2016 to ADP 1,883 in February 2024) and admissions (2,473 baseline in May 2016 to 1,780 in February 2024). The length of stay has increased by 17.2% (Baseline 29 days in May 2016 to 34 days in February 2024). No County matching funds are required.  Countywide (HH)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (cont’d.)

 

3.         Staff recommends motion to:

 

A)  receive and file three (3) grant awards from the Florida Department of Law Enforcement (FDLE), Edward Byrne Memorial Justice Assistance Formula Federal Fiscal Year (FY) 22 (County FY23) Grant (JAG) in the amount of $322,342 beginning October 1, 2022 through September 30, 2024 to fund:

 

1. Palm Beach County (PBC) Reentry Program - The Lord’s Place for $212,533 (award number R7085);

 

2. PBC Reentry Program - City of Riviera Beach for $27,695 (award number R7082); and

 

3. Equipment for Countywide Law Enforcement Agencies for $82,114 (award number R7091);

 

B)  approve a Budget Amendment of $80,620 in the Criminal Justice Grant Fund to adjust the budget to the actual grant award; and

 

C)  approve a downward Budget Amendment of $1,494 in the Justice Services Grant Fund to adjust the transfer from the Criminal Justice Grant Fund.


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (cont’d.)

 

3.         Summary: On March 5, 2024, the Board of County Commissioners (BCC) ratified the Mayor’s signature on three (3) FDLE JAG grant applications (R2024-0259) for a total of $322,342 (CFDA# 16.738). Due to delays with FDLE, grants are awarded after the start of the grant period (grant period start date is October 1, 2022).  Three (3) applications for the Countywide Reentry Program (The Lord’s Place and the City of Riviera Beach) and equipment for countywide law enforcement agencies have been awarded.  The Criminal Justice Commission (CJC) approved allocating these funds to the existing PBC Reentry Program in the amount of $240,228, and the remaining balance of $82,114 to purchase equipment for countywide law enforcement agencies throughout PBC to address their safety concerns and enhance the work of law enforcement in collaboration with the Palm Beach Sheriff’s Office to reduce mass violence. The Countywide Reentry Program provides transitional services for adults and juveniles released from jail and prison to PBC. In County FY23, approximately 663 adults have been served by the  Countywide Reentry Program.  The program provided linkage to 78% of participants who needed housing assistance and 79% of those who needed assistance with behavioral health services.  The awards were executed on behalf of the Board by the County Administrator pursuant to R2024-0259 and in accordance with County PPM CW-O-051.  All delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item.  No County match funds are required.  Countywide (HH)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: Second Amendment to the Contract for Consulting/Professional Services in the area of veterinary and medical services with Tri-County Humane Society, Inc. for spaying/neutering at risk cats as part of the Countdown 2 Zero (C2Z) initiative in an amount not to exceed $75,000 beginning July 12, 2024 to July 11, 2025.  This serves as the second of two (2) extensions for an additional one-year (1) term as per the original contract (R2022-0730).  Summary:  Spaying/neutering at risk animals is part of the overall C2Z program to reduce and/or eliminate euthanasia.  The County also has active agreements with Peggy Adams Animal Rescue League (PAARL), Barky Pines Animal Rescue & Sanctuary Inc., Darbster Rescue, and Furry Friends Adoption, Clinic and Ranch for outsourcing sterilization services in the central, western, and northern regions of Palm Beach County, respectively.  Under this contract, Tri-County Humane Society, Inc. will sterilize at risk cats in the southern region of Palm Beach County to include spaying/neutering, microchipping, vaccinating against rabies and ear tipping.  Once these services are provided, the cats are returned to their original location by caregivers, volunteers, or Tri-County Humane Society, Inc.  This contract will provide sterilization services to up to 1,000 cats at $75 per cat.   Countywide (SF)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

2.         Staff recommends motion to receive and file: the following documents required by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to maintain access to driver history records and Driver and Vehicle Information Database (DAVID) for information used in the administration of the Vehicle for Hire (VFH) and Towing and Immobilization Services ordinances:

 

1. Memorandum of Understanding (MOU) for Governmental Entity Access to DAVID with the FLHSMV (HSMV-0596-24) for a period of 6 years beginning April 26, 2024 through April 25, 2030;

 

2.  MOU for Driver’s License and/or Motor Vehicle Record Data Exchange (DATA Exchange) with FLHSMV (HSMV-0595-24) for a period of three (3) years beginning April 25, 2024 through April 24, 2027;

 

3. FLHSMV Certification Statement;

 

4. FLHSMV Data Access Application; and

 

5. Data Access Technical Specifications Questionnaire

 

Summary: Palm Beach County’s (PBC) Public Safety Department Division of Consumer Affairs (DCA) uses the FLHSMV records to perform driving history checks, obtain vehicle registration and ownership information, conduct driver license record reviews used for licensing and enforcement functions of the VFH and Towing and Immobilization Services ordinances. The record data exchange provides an automated file from FLHSMV to the County on a regular basis.  The file contains information on each driver applicant including a license status of valid or expired, suspensions, revocations, and a description of sanctions and traffic violations.  There is a $10 fee paid to the FLHSMV for each driver license transcript requested and a $2 fee for a driver record search if no record is found, which the applicant pays as a fee during the processing period.  There are no fees associated with searches in the DAVID system. The previous DAVID MOU expired on May 6, 2024 and the Data Exchange MOU expired on May 20, 2024.  On May 15, 2018, R2018-0794 authorized the County Administrator or designee to sign future FLHSMV MOUs along with all attachments and required applications, certifications, amendments, renewals or updated memorandums for access as well as other forms necessary to maintain an active status with the FLHSMV for driver history checks to verify compliance with the  VFH and Towing and Immobilization Services ordinances administered by the DCA. Countywide (RS)     


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (cont’d.)

 

3.         Staff recommends motion to receive and file:  eight (8) Grant Adjustment Modifications (GAM) with the US Department of Justice (DOJ), Office on Violence Against Women (OVW), Grants to Improve Criminal Justice Response Program (ICJR) (CFDA#16.590)(15JOVW-21-GG-02012-ICJR), which facilitated administrative filing and approvals through April  30, 2024 as follows: 

 

1)  #552187: Budget Clearance; 

2)  #556215: Approve Personnel Change;

3)  #572073: Approval to attend a Non-ICJR Training; 

4)  #569536: Approval to attend a Non-ICJR Training;

5)  #572702: Approval to update staff attending Non-ICJR Training;

6)  #574291: Approve Personnel Change;

7)  #587655: Approve Personnel Change; and

8)  #581052: Approve Budget Modification.

 

Summary:  As per grant guidelines, certain expenditures and work products require approval from the OVW ICJR grant manager.  The approval process is facilitated by drafting a GAM and submitting it through the OVW’s JustGrants Grant Management web portal. GAM #552187 approved the grant award Budget. GAM #556215 approved the hiring of Jacqueline Jackson as Grant Coordinator and Nicole Martinez-Collazo as the Victim Advocate. GAM #572073 approved four Forensic Nurses to complete the Virtual Intimate Partner Violence Nurse Examiner Training offered through the International Association of Forensic Nurses (IAFN) organization. The GAM also approved payment of IAFN annual membership fee for one Forensic Nurse. GAM #569536 approved two Victim Services staff and one grant Partner Staff from Aid to Victims of Domestic Violence to travel to the End Violence Against Women International (EVAWI) Conference on Sexual Assault, Domestic Violence, and Fighting for Change April 11-13 2023. GAM #572702 updated the names of staff attending the EVAWI conference. GAM #574291 approved Kira Laffe to replace Jacqueline Jackson as Grant Coordinator. GAM #587655 approved Winter Jones to replace Kira Laffe as Grant Coordinator. GAM #581052 approved a budget modification to adjust grant staff salaries based on Palm Beach County budget approvals, allow project partner Aid to Victims of Domestic Abuse, Inc. to purchase two laptops for grant staff, host a website, allocate additional money to community partners, replaced Men Stopping Violence, Inc. with Lee Giordano to implement Tactics and Choices programs to hold offenders accountable and decreased the advertising budget. R2014-1633 authorized the County Administrator or designee to execute future awards, contracts, sub-recipient agreements and sub contracts and amendments/modifications utilizing funding from the DOJ, OVW on behalf of the Board of County Commissioners.  Countywide (RS)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve: the Federal Transit Administration (FTA) Master Agreement (MA) (31) dated May 2, 2024.  Summary:  The FTA has released its official MA (31) which contains the standard terms and conditions that apply to projects financed with federal funds awarded in FY2024.  Approval of FTA MA (31) represents the County’s legal affirmation to abide by the applicable terms and conditions identified in FTA MA (31).  This agreement supersedes the previous FTA MA (30), dated November 2, 2022, approved by the Board of County Commissioners (BCC) on January 24, 2023 (agenda item 3AA1).  This document does not allocate any funding or pledge any county funds. Countywide (MM)

 

 

2.         Staff recommends motion to approve: a revised Substance Abuse Policy for Palm Beach County’s public transit system and transmission of the revised program to the Federal Transit Administration (FTA) for approval as required by change in law.  Summary: On September 9, 2014, the Board of County Commissioners (BCC) of Palm Beach County, Florida, approved Palm Tran’s Substance Abuse Policy (R2014-1360). The FTA of the U.S. Department of Transportation (DOT) has adopted 49 Code of Federal Regulations (CFR) Part 655, which mandates urine drug testing and breath alcohol testing, for employees performing safety-sensitive functions. This Policy has been revised to incorporate the revisions to 49 CFR Part 40, specifically, modifications to the standards for the collection and testing of urine and breath specimens. Countywide (DR)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve:

 

A) a Second Amendment to Community Based Agency Contract with American Association of Caregiving Youth, Inc. (Second Amendment) (R2022-1150) for the period of October 1, 2022 through September 30, 2025, to serve an additional 25 youth for expanded programming and activities during the summer of 2024, and increase the Contract by $35,000 from $150,000 to a new total contract amount not to exceed $185,000; $70,000 for FY 2023; $75,000 for FY2024 and $40,000 for FY2025;

 

B) a First Amendment to Community Based Agency Contract with Grandma’s Place, Inc. (First Amendment) (R2021-1293) for the period of October 1, 2021 through September 30, 2024, to serve an additional 20 parents/caregivers for expanded programming and activities during the summer of 2024, and increase the Contract by $46,000 from $438,000 to a new total contract amount not to exceed $484,000; $146,000 for FY2022; $146,000 for FY2023 and $192,000 for FY2024; and

 

C) a Budget Transfer of $81,000 in the General Fund from the Evidence-Based Programming unit (Unit 1451) to fund the cost of programing associated with these contracts.

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

1.         Summary:  In October 2022, the Board of County Commissioners (BCC) approved a Community Based Agency Contract with American Association of Caregiving Youth, Inc. (AACY) to provide services for the Caregiving Youth Project (CYP), and in July 2023, the BCC approved a First Amendment to Community Based Agency Contract to serve additional youth during the summer of 2023.  This Second Amendment to Community Based Agency Contract with American Association of Caregiving Youth, Inc.  (Second Amendment) will provide additional respite care services for the summer of 2024. During the summer, caregiving responsibilities increase for youth who are out of school and attending to chronically ill, injured, elderly, or disabled family members, assisting with care that would otherwise need to be provided by paid caregivers. In 2023, AACY served 465 youth, exceeding the 270 projected number of youth to be served. With fewer options for support while school is out, caregiving youth turn to AACY for connections and activities that help alleviate the stresses of caregiving, reducing isolation and improving the well-being of youth who face this demanding physical and emotional responsibility.  In September 2021, the BCC approved a Community Based Agency Contract with Grandma’s Place, Inc. (Grandma’s) to provide a comprehensive array of services to parents and guardians of children with special needs through its Parent Support Program. This First Amendment with Grandma’s will allow Grandma’s to provide additional respite care services during the summer of 2024, when the need for respite increases as the level of supports offered during the school year decreases. In 2023, Grandma’s served 201 parents/caregivers, exceeding the 180 projected number of parents/caregivers to be served.  Countywide (HH)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (cont’d.)

 

2.         Staff recommends motion to approve:

 

A) a First Amendment to Contract for Provision of Services (First Amendment) with Friends of Youth Services and Palm Beach County, Inc. (R2023-1346) (Friends), for the period October 1, 2023 through September 30, 2028, to increase the Contract by $56,674, from $459,026 annually to $515,700, for year one (1) of the Contract (FY2024); and

 

B) a Budget Transfer of $56,674 in the General Fund from the Evidence-Based Programming unit (Unit 1451) to the Summer Camp Scholarship Program unit (Unit 2514) to fund the increase associated with the Amendment for year one (1) (FY2024).

 

Summary: In September 2023, the Board of County Commissioners (BCC) approved a Contract for Provision of Services (Contract) with Friends to provide services for the Summer Camp Scholarship Program (SCSP). This First Amendment will provide additional summer camp scholarships to reduce the camper waitlist in FY2024. The BCC began supporting the Summer Camp Scholarship Program in FY2015 with $434,229. The current investment is $443,326. In addition to the funding provided by the BCC. The Children’s Services Council of Palm Beach County (CSC) supplements the program needs through its contribution of $3.9 million since 2019, and annually has covered any additional needs. For FY2024, CSC has increased its commitment to $4.5 million in funding.  During the last contract period, from October 1, 2019 to September 30, 2023, Friends processed SCSP invoices annually, enabling an average of 3,015 campers per year to attend summer camp at no-cost to the camper's family. This First Amendment provides an additional $56,674 in funding for year one (1) (FY2024) of this Contract to support the SCSP. The additional funding will award a minimum of 37 additional scholarships for the summer of 2024. Countywide (HH)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to receive and file: Grant Modification #4 to the FY21 State Homeland Security Subgrant Agreement with the State of Florida, Division of Emergency Management, to extend the grant period through September 30, 2024.  Summary: On March 22, 2022, the Board of County Commissioners (BCC) accepted a grant award from the State of Florida, Division of Emergency Management in the amount of $763,240 for the period of January 18, 2022 through March 31, 2023 to support various domestic security initiatives (R2022-0254).  On December 6, 2022, the BCC accepted Modification #1, to provide $462,317 in supplemental funds to support a statewide law enforcement data sharing system administered by the Florida Department of Law Enforcement, for a total grant award of $1,225,557 (R2022-1475).  On June 6, 2023, the BCC accepted Modification #2 to extend the grant period through September 30, 2023 (R2023-0751).  On September 19, 2023, the BCC accepted Modification #3 to extend the grant period through June 30, 2024 (R2023-1347). Modification #4 will extend the grant period through September 30, 2024 to allow more time to complete our domestic security initiatives.  There is no match associated with this award. The Catalog of Federal Domestic Assistance (CFDA) Number for this program is 97.067 and the contract number is R0515. Countywide (RS)

 

2.         Staff recommends motion to receive and file: Modification #1 to the FY22 Urban Security Area Initiative (UASI) Memorandum of Agreement between the City of Miami and the Palm Beach County Sheriff’s Office, which extends the grant period from June 30, 2024 through October 1, 2024. Summary: On August 22, 2023, the Board of County Commissioners (BCC) accepted a grant award on behalf of the Palm Beach County Sheriff’s Office, in the amount of $1,518,726 for the FY22 Urban Area Security Initiative (UASI) Grant Program for the period July 18, 2023 through June 30, 2024 (R-2023-1151). This agenda item will extend the period of performance through October 1, 2024. The UASI is a federally-funded homeland security grant program, pass-through the State of Florida to the City of Miami, as the UASI’s fiscal agent. The grant supports various domestic security initiatives within the County and the Southeast Florida Region 7, including intelligence operations, cyber security training, and equipment for our specialty teams. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 97.067 and the contract number is R0588. Countywide (RS)


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (cont’d.)

 

3.         Staff recommends motion to receive and file: Amendment #1 to the FY22 Law Enforcement Strategies for Reducing Trespassing Grant award between the Federal Railroad Administration and the Palm Beach County Sheriff’s Office, which extends the grant period from June 30, 2024 to January 31, 2025. SUMMARY:  On June 6, 2023, the Board of County Commissioners (BCC) accepted a grant award for the FY22 Law Enforcement Strategies for Reducing Trespassing Grant Program in the amount of $120,000 for the period of December 1, 2022 through June 30, 2024 (MGM1MS). This agenda item will extend the grant performance period through January 31, 2025.  There is no match associated with this award. The U.S. Department of Transportation Programs Catalog of Federal Domestic Assistance (CFDA) Number for this program is 20.325 and the agreement # is 69A36523420040CRSFL. Countywide (RS)

 

4.         Staff recommends motion to:

 

A) receive and file Modification #6 to the FY21 Urban Security Area Initiative (UASI) Memorandum of Agreement between the City of Miami and the Palm Beach County Sheriff’s Office, which provides $90,835.82 in supplemental funds and extends the grant period from May 30, 2024 through August 1, 2024; and

 

B) approve a Budget Amendment of $90,836 in the Sheriff’s Grant Fund.

 

Summary: On September 13, 2022, the Board of County Commissioners (BCC) accepted a grant award for the FY21 Urban Area Security Initiative Grant Program in the amount of $1,909,519, for the period of August 2, 2022 through June 30, 2023 (R2022-1008). On April 18, 2023, the BCC accepted $30,000 in supplemental funds (R2023-0526). On July 11, 2023, the BCC approved an extension through October 31, 2023 (R2023-0966). On August 22, 2023, the BCC approved an extension through December 31, 2023 (R2023-1152). On December 5, 2023, the BCC approved an extension through March 15, 2024 (R2024-1815).  This agenda item will provide $90,835.82 in supplemental funds to support our Fusion Center Operations, which will bring the total grant award to $2,030,354.82.  There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 97.067 and the contract number is R0521. Countywide (RS)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (cont’d.)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Memorandum of Agreement (MOA) with the City of Miami for a FY23 Urban Area Security Initiative (UASI) Grant in the amount of $2,153,726 for the period of June 3, 2024 through March 30, 2025; and

 

B) approve a Budget Amendment of $2,153,726 in the Sheriff’s Grant Fund.

 

Summary: On May 2, 2024, the Palm Beach County Sheriff’s Office (PBSO) received notification of a grant award in the amount of $2,153,726 for the FY23 Urban Area Security Initiative (UASI) Grant Program. The UASI is a federally-funded homeland security grant program, pass-through the State of Florida to the City of Miami, as the UASI’s fiscal agent. The funds will be used for various domestic security initiatives within the County and the Southeast Florida Region 7, including intelligence operations, cyber security training, and equipment for our specialty teams. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 97.067 and the contract number is R0924. Countywide (RS)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     TOURIST DEVELOPMENT COUNCIL 

 

1.         Staff recommends motion to receive and file: two (2) 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) Spartan Race, Inc., for the promotion of the Palm Beaches Spartan Sprint Weekend, held April 19 – 21, 2024, for the term October 19, 2023 – July 21, 2024. This grantee was approved by the TDC on November 9, 2023, in the amount of $30,000; and

 

B) Players International Management, Inc., for the promotion of the Delray Beach International Tennis Federation (ITF) Championships, held April 20 – 27, 2024, for the term January 20, 2024 – August 27, 2024.  This grantee was approved by the TDC on November 9, 2023, in the amount of $8,000.

 

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 Spartan Race, Inc./ Palm Beaches Spartan Sprint Weekend were 4,887, and room nights generated for Players International Management, Inc./Delray Beach International Tennis Federation (IFT) Championships were 775. Districts 5 & 7 (YBH)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

EE.      OFFICE OF EQUAL OPPORTUNITY

 

1.         Staff recommends motion to approve: the Amendment of Solicitation/Modification of Contract No. 45310024C0083P00001 (Award Contract) with the U.S. Equal Employment Opportunity Commission (EEOC). The contract was modified administratively to correct the languages in the Supplies or Services and Prices/Cost section.  SUMMARY:  On March 5, 2024, the Award Contract (45310024C0083) R2024-0275 was approved by the Board of County Commissioners (BCC). On April 9, 2024, the EEOC sent the Amendment of Solicitation/Modification of Contract (45310024C0083P00001) which was administratively modified to correct the initial charge filing dates. No County funds are required. Countywide (DO)

 

FF.      OFFICE OF RESILIENCE

 

1.         Staff recommends motion to receive and file: Amendment One (Amendment) to the Grant Agreement (No. 22PLN73) (Agreement) with the Florida Department of Environmental Protection (FDEP) Resilient Florida Program, which replaces and updates minor terms of the Agreement.  SUMMARY: FDEP awarded Palm Beach County up to $500,000 to identify and address flooding and sea level rise risks on critical and regionally significant assets owned or maintained by the County and create a Flooding and Sea Level Rise Vulnerability Assessment (Project). The Project is comprised of two grant funding sources: this grant from FDEP and another $800,000 grant from the Florida Department of Commerce. The grant funds are reimbursable and there is no cost share required by the County. On January 24, 2023, the Board of County Commissioners approved the Project Agreement. The contract performance period is from July 1, 2021 to December 31, 2024. Recently, FDEP asked Resilient Florida grant recipients to update contract terms. The Agreement Amendment included here deletes and replaces the following Attachments: 1, Standard Terms and Conditions Applicable to All Grants Agreements; 2, Special Terms and Conditions; 3, Grant Work Plan; 5, Special Audit Requirements; and 6, Program-Specific Requirements. The Amendment deletes and replaces the following Exhibits: A, Progress Report Form; F, Final Report; H, Contractual Services Certification; and I, Vulnerability Assessment Checklist. The Amendment adds Exhibit J, PUR 1808 Common Carrier Attestation, to the Agreement. The Amendment changes are minor and procedural-focused without impacting cost to the project schedule. On January 24, 2023, the Board of County Commissioners (BCC) also authorized the County Administrator, or designee, to sign all future time extensions, task assignments, certifications, and other forms associated with the agreement, as well as any necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the Agreement. Countywide (RM)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

FF.      OFFICE OF RESILIENCE (cont’d.)

 

2.         Staff recommends motion to receive and file: Amendment One (Amendment) to the Grant Agreement (MT026) (Agreement) with the Florida Department of Commerce (FL Commerce), Community Development Block Grant- Mitigation (CDBG-MIT) Program, which replaces and updates terms of the Agreement.  SUMMARY: FL Commerce, formally known as the Department of Economic Opportunity, awarded Palm Beach County up to $800,000 to develop a Vulnerability Assessment (Project) for unincorporated Palm Beach County and Western Palm Beach County, and a Resilience Action Plan for the entire County. The Project is comprised of two (2) grant funding sources: this grant from the Florida Department of Commerce and another $500,000 grant from the Florida Department of Environmental Protection. The grant funds are reimbursable and there is no cost share required by the County. On March 8, 2022, the BCC approved the Project Agreement. The contract performance period is from March 8, 2022 to March 7, 2026. Recently, FL Commerce asked CDBG-MIT program grant recipients to update contract terms. The Agreement Amendment included here deletes and replaces Section 15, Citizen Complaints. The Amendment changes are minor and procedural-focused without impacting cost to the project schedule. On March 8, 2022, the BCC also authorized the County Administrator, or designee, to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement, as well as any necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the Agreement. Countywide (RM)

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

GG.     OFFICE OF EQUAL BUSINESS OPPORTUNITY

 

1.         Staff recommends a motion to approve: payment in the amount of $5,000 for participation in the 18th Annual Palm Beach Partners Business Matchmaker Conference & Expo, which will be held on September 20, 2024.  Summary: The Palm Beach County Office of Equal Business Opportunity, Department of Airports, Department of Housing and Economic Development, and Palm Tran are partnering with the South Florida Water Management District (SFWMD), the School District of Palm Beach County, the City of West Palm Beach, the Center for Technology, Enterprise & Development, Inc. (TED Center), and the Solid Waste Authority (SWA) to present the 2024 Business Matchmaker Conference & Expo. This is the 18th Annual Matchmaker Conference & Expo held in Palm Beach County. Palm Beach County will contribute a total of $5,000 with the County’s contribution broken down as follows: the Office of Equal Business Opportunity –$1,250, Department of Airports – $1,250, Department of Housing and Economic Development – $1,250, and Palm Tran – $1,250. Payment will be made on or before July 15, 2024, to the TED Center, the fiscal agent for the conference. The conference and expo will provide Small Business Enterprise (SBE) owners an opportunity to collaborate with larger businesses in an effort to increase business opportunities and knowledge of programs offered by the above listed governmental and non-profit partners. Countywide (RS)

 

 


JULY 2, 2024

 

 

3.         CONSENT AGENDA APPROVAL

 

 

HH.     health department

 

1.         Staff recommends motion to approve:

 

A)  the appointment of one (1) nominee to the Environmental Appeals Board (EAB) to complete an unexpired term July 2, 2024 through July 12, 2024; plus a full three (3) year term commencing July 13, 2024 through July 12, 2027; and

 

            NOMINEE:                    SEAT #:            REQUIREMENT:            NOMINATED BY:

            Jeffrey Duncan              5                      Attorney                        PBC Bar Association

 

B)  the re-appointment of one (1) nominee for a full three (3) year term commencing July 13, 2024 through July 12, 2027:

 

NOMINEE:                    SEAT #:            REQUIREMENT:            NOMINATED BY:

Trevor Rosecrans, P.E. 1                      Professional Engineer    Am. Society of Civil Engineers

of Palm Beach Branch

 

Summary: The EAB hears appeals from the provisions of Environmental Control Rules (ECR-1) for onsite sewage systems and ECR-II for drinking water supply system installations.  This Board is composed of five (5) members.  Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association; one (1) member of the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one (1) professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers (ASCE); one (1) water resource professional employed by the South Florida Water Management District (SFWMD); and one (1) drinking water engineer employed by the Department of Environmental Protection (DEP).  The applicant for appointment to Seat # 5, Jeffrey Duncan is recommended by the Palm Beach County Florida Bar Association and the applicant for re-appointment to Seat #1, Trevor Rosecrans, P.E. is recommended by the American Society of Civil Engineers-Palm Beach Branch.  The Board’s current three (3) members diversity count is: 2 Caucasian (60%), 1 Hispanic-American (20%) and 2 vacant seats awaiting recommendations. The gender ratio (female: male) is 0:3. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)

 

 

 

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


JULY 2, 2024

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.

 

A)        Presentation by Congresswoman Cherfilus-McCormick  for the Workforce Affordable Housing Development (Administration)

 

B)        Proclamation declaring July 1-7, 2024 as Clean Beaches Week (District 1)

 

C)        Proclamation declaring August 2024 as National Black Business Month. (District 2)

 

D)        Proclamation declaring July 25, 2024 as Puerto Rican Day. (District 3)

 

            E)        Proclamation declaring July 17, 2024 as “13th Annual Kidsfit Jamathon Day”. (District 2)

 

            F)        Proclamation declaring July 2024 as Park and Recreation Month (District 5)

 

            G)        Proclamation declaring July 2, 2024 as Rob Sweeten Day. (District 4)

 

 

 

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

 

 


JULY 2, 2024

 

 

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

 

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: 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: A preliminary reading of the proposed ordinance amendment was approved by the Board of County Commissioners (BCC) on June 11, 2024.  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 persons working in adult entertainment establishments 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 establishments. The proposed amendment aligns the age requirements of the Adult Entertainment Ordinance to conform to the new state law and requires new and renewal adult entertainer ID badge applicants to watch a human trafficking awareness video.  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 June 26, 2024 and Consumer Affairs Hearing Board on May 15, 2024 and was approved without objection. Countywide (RS)

 

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

 

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve:  

 

A) Amendment No. 3 to the the Contract with AECOM Technical Services, Inc. (AECOM) for Consulting/Professional Services (Consulting Agreement) in the amount of $1,629,647.26 for the performance of professional planning, design and engineering services related to the Palm Beach County Department of Airports Capital Improvement Program; and

 

B) a Budget Transfer in the amount of $378,029 in the Airport’s Improvement and Development Fund to provide budget for Amendment No. 3; including a transfer from Reserves in the amount of $378,029.


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

1.         Summary:  The Consulting Agreement with AECOM was approved by the Board on July 11, 2023 (R2023-0980) in the amount of $2,126,629.78. Amendment No. 1 (R2023-1654) and Amendment No. 2 (R2024-0110) increased the total contract amount by $3,293,814.70 and provided for various services, including, but not limited to, services for the following projects: Airport Stormwater Master Plans, Palm Beach International Airport (PBI) Turnage Boulevard Rehabilitation, PBI Holding Apron at Taxiway A and C, PBI Taxiway M, M1, and M2 Reconstruction and Palm Beach County Park Airport (LNA) Rotating Beacon Replacement. Approval of this Amendment No. 3 will increase contract amount by $1,629,647.26 for a total contract amount of $7,050,091.74. A detailed Contract History is included in Attachment 1. This Amendment No. 3 includes the following Consultant Service Authorizations: Task I Services PBI Taxiway R Rehabilitation Construction Phase Services; LNA Runway 4-22 Slurry Seal Design; F45 Rotating Beacon Construction Phase Services; PBI Miscellaneous Drainage Repairs – Package 2 Construction Phase Services, PBI Parking Garage Repairs Construction Phase Services; PBI Taxiway C and M Connector Design; Miscellaneous Planning and Engineering Services , including independent fee estimates, updating maps and sketches, cost estimates and other similar services; and Task Ill Miscellaneous Services. Task Ill Miscellaneous Services are services that are not defined at the time of approval of an amendment to the Consulting Agreement and are approved pursuant to delegated authority in accordance with in accordance with PPM CW-F-050 by way of a separate task authorization. AECOM is a Dallas, Texas based firm; however, the majority of the work will be completed through its West Palm Beach and Tampa, Florida offices. A Disadvantaged Business Enterprise (DBE) goal of 20.9% was established for this Consulting Agreement. DBE participation for this Amendment No. 3 is 12.42%. The cumulative DBE participation, including this Amendment No. 3, is 22.64%. 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 Amendment No. 3 exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

2.         Staff recommends motion to approve:  Amendment No. 6 to the Construction Manager (CM) at Risk Contract (Contract) with Turner Construction Company (Turner) for CM at Risk Services in the amount of $1,031,742 with a project duration of 150 calendar days for Phase 1 of the Aircraft Rescue Firefighting Facility (ARFF) Project at the Palm Beach International Airport (PBI).  Summary: The Contract with Turner for CM at Risk Services for Airport Improvements was approved by the County on August 20, 2019 (R2019-1147). The Contract is for two (2) years with three (3) one (1) year renewal options and is a task/work order based contract for CM at Risk Services. The County exercised the first one (1) year renewal option in Amendment No. 1 on July 13, 2021 (R2021-0889). The County approved Amendment No. 2 on November 2, 2021, in the amount of $5,514,104 with a project duration of 680 calendar days for the Chiller Replacement Project at Palm Beach International airport (PBI) (R2021-1683). The County approved Amendment No. 3 on December 7, 2021, in the amount of $12,578,174 with a project duration of 859 calendar days for the Switchgear Replacement Project at PBI (R2021-1881). The County exercised the second one (1) year renewal option in Amendment No. 4 on July 12, 2022 (R2022-0689). The County exercised the third, and final, one (1) year renewal option in Amendment No. 5 on July 11, 2023 (R2023-0876). Change Orders to Amendments No. 2 and No. 3 were approved pursuant to the delegated authority provided in PPM CW-F-050 related to the sales tax exemption program, reducing the contract amount by $5,980,169.89. Approval of Amendment No. 6 in the amount of $1,031,742 with a project duration of 150 calendar days will provide for the demolition of PBI Building 1169, which was previously used as a flight kitchen and later converted to warehouse and office use, to allow for the construction of a new ARFF building on the site. The existing ARFF building was constructed in 1982 in a central location of the airfield, which is not compatible with PBl's long-term development plans. Approval of Amendment No. 6 will increase the amount of the Contract by $1,031,742 for a revised total contract value of $13,143,851.11. Turner is based in New York City, New York; however, the work will be directly managed by its southeast regional office in Miami-Dade County. An overall Disadvantaged Business Enterprise (DBE) goal of 12% was established for the Contract. DBE participation for Amendment No. 6 is 15%. The total DBE participation for this Contract to date, including Amendment No. 6, is 16%. 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. 6 exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

A.        AIRPORTS (cont’d.)

 

3.         Staff recommends motion to approve:

 

A) Amendment No. 12 to the Contract for Consulting/Professional Services (Consulting Agreement) with RS&H, Inc. (RS&H)  in the amount of $1,115,944.71 to provide additional services for a previously approved task related to the Concourse B Expansion Project; and

 

B)  a Budget Transfer in the amount of $1,115,945 in the Airport’s Improvement and Development Fund to provide budget for the Amendment No. 12, including a transfer from Reserves in the amount of $1,115,945.

 

Summary:  The Consulting Agreement with RS&H was approved by the Board of County Commissioners (Board) on May 7, 2019 (R2019-0612) in the amount of $2,004,570.58.  Amendment No. 1 (R2020-0414) through Amendment No. 11 (R2024-0345) increased the contract amount by $13,853,792.67 and provided for various planning, design and construction phases services, including, but not limited to, services for the following projects at the Palm Beach International Airport: Escalator Replacement, Parking Revenue Control Building Replacement, Air Rescue and Fire Fighting (ARFF) Building Replacement, Concourse B Expansion, Switchgear Replacement, and Elevator Replacement. Approval of Amendment No. 12 will increase the amount of the Agreement by $1,115,944.71 for a total contract value of $16,974,307.96. A detailed Contract History is included in Attachment 1. While the term of the Consulting Agreement has expired, it authorized amendments to be issued after the expiration to include any additional services needed to complete a task authorized prior to the expiration of the Consulting Agreement. Amendment No. 4 approved on June 15, 2021 (R2021-0044), authorized Task I-21-PBI-R-023: PBI Concourse B Expansion for the design and preparation of construction documents for the expansion of Concourse B.  Amendment No. 12 provides for Construction Administration and Partial Resident Project Representative (RPR) Services for Concourse B Expansion Package 2A.  RS&H is a Jacksonville, Florida based firm; however, the majority of the work will be managed through its Fort Lauderdale, Florida offices. A Disadvantaged Business Enterprise (DBE) goal of 18% was established for this Agreement.  RS&H, Inc. committed to 23% DBE participation. The DBE participation for Amendment No. 12 is 1.9%. The cumulative DBE participation, including Amendment No. 12, is 30.12%. 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.  Amendment No. 12 exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file: two (2) Palm Beach County financial reports for the fiscal year ended September 30, 2023:

 

A) The Palm Beach County Annual Comprehensive Financial Report (ACFR); and

 

B) The Palm Beach County Popular Annual Financial Report (PAFR).

 

Summary: The Clerk of the Circuit Court & Comptroller’s office will provide a year-end financial review based on of the Palm Beach County ACFR and PAFR for fiscal year ended September 30, 2023. The Annual Comprehensive Financial Report (ACFR) is prepared in accordance with Section 218.32 and 218.39, Florida Statutes. This report is required and is filed with the Government Finance Officers Association (GFOA) annually. The Popular Annual Financial Report (PAFR) is a condensed version of the ACFR. This report is optional and is filed with GFOA annually. Countywide

 

 

C.        FACILITIES DEVELOPMENT & OPERATIONS 

 

1.         Staff requests Board direction: regarding a potential rent abatement for the Historical Society of Palm Beach County for the period of November 1, 2023 through October 31, 2028.  Summary: The Historical Society of Palm Beach County (Society) has occupied a portion of the 1916 Courthouse for the operation of the Palm Beach County History Museum and its administrative offices since 2008.  The original Agreement (R2004-0257) with the Society was approved by the Board of County Commissioners (Board) on February 3, 2004 and has been restated and amended numerous times. Currently, the Society occupies 8,695 SF at the 1916 Courthouse for the museum and administrative offices.  On February 4, 2014 (R2014-0138), the Board approved full abatement of the rent until October 31, 2018 subject to an annual review of Society’s plans for expenditure of the rental savings. On October 18, 2018 (R2018-1566), the Board, extended the abatement of rent for five (5) years from November 1, 2018 through October 31, 2023, subject to an annual review of Society’s programs and expenditures.  Under the Agreement, the Society is currently required to pay $46,600.10 in annual rent. On October 17, 2023, the Society requested an extension of the rent abatement. Staff requires direction whether to proceed with the extension of rent abatement for the Society. Property and Real Estate Management Countywide/District 7 (HJF) 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

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

 

2.         Staff recommends motion to approve: Amendment No. 3 to the Construction Manager (CM) at Risk Services contract (R2019-0849) with Kaufman Lynn Construction, Inc. (CM), establishing a Guaranteed Maximum Price (GMP) in the amount of $29,286,398 for the Canyon District Park, Phase 2 project for a period of 548 calendar days from notice to proceed.  Summary: On June 18, 2019, the Board of County Commissioners (Board) approved the CM at Risk Services contract (R2019-0849) with the CM for the Canyon District Park project located at 8802 Boynton Beach Boulevard. The Canyon District Park project consists of the construction of various recreational facilities which will be completed in two (2) phases. Phase 1 was completed in September 2022. The recreational facilities to be delivered under Phase 2 include, but are not limited to, soccer/multipurpose fields, restroom/concession facility, retention/ recreational  lakes and site improvements required to support the new construction. Amendment No. 3 establishes a GMP in the amount of $29,286,398 for the construction management services necessary to support the construction of Canyon District Park Phase 2. Work includes, but is not limited to, the construction of a 22.76 acre park with four baseball fields, two (2) sand volleyball courts, an Americans with Disabilities Act (ADA) accessible signature playground, a one-story storage building, a one-story concession building, two (2) one-story restroom buildings, an open-air pavilion, parking lots and associated utilities and infrastructure. The CM will have 548 calendar days from notice to proceed to substantially complete the construction phase of the project. Liquidated damages for failure to achieve certification of substantial completion within the contract time or approved time extension thereof are $550 per day. The solicitation for the CM was advertised on January 28, 2018 according to the Small Business Enterprise (SBE) Ordinance in place at the time, but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity (EBO) Ordinance. On January 3, 2024, the Goal Setting Committee (GSC) established for the GMP, an Affirmative Procurement Initiative (API) of 20% mandatory 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 36.15%, of which 8.23% 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. The CM is not a certified Small/Minority/Women Owned Business (S/M/WBE), but has partnered with M.C.O. Construction and Services, Inc., an MBE CM. The CM has an office located in Palm Beach County. Funding for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) District 5 (MWJ)

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

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

 

3.         Staff recommends motion to approve:

 

A) an Agreement for Purchase and Sale of a 1.10 acre parcel of vacant land located north of Indiantown Road and east of Bee Line Highway from PF. OAKS LLC, a Florida Limited Liability Company (OAKS), for $17,050 plus closing, title insurance and recording costs estimated to be $745; and

 

B) a Memorandum of Agreement from PF. OAKS LLC, a Florida Limited Liability Company to be recorded in the public records to provide notice of this Agreement.

 

Summary:  On November 2, 2021, the Board of County Commissioners (BCC) approved a Fiscal Strategy for the spending of American Rescue Plan Act (ARPA) funds, which included an allocation of $4,000,000 for the acquisition of environmentally sensitive lands. The parcel owned by OAKS, is an interior parcel located in an area known as Palm Beach Heights (part of the Pal-Mar Ecosite).  The Pal-Mar Ecosite is part of a large ecological greenway that stretches from just west of the Atlantic Ocean to just east of Lake Okeechobee.  The area provides habitat for a wide variety of native plants and animals and it is part of a hydrologically significant region that includes the headwaters of the federally designated Wild and Scenic Northwest Fork of the Loxahatchee River. Hence its value as environmentally sensitive land. Appraisals were obtained from Anderson & Carr, Inc. and M.R. Ford & Associates, Inc. who assigned a $15,000 and $16,000 per acre value for interior Palm Beach Heights parcels, respectively. Callaway & Price, Inc. reviewed the appraisals and concluded a reasonable aggregate value of $15,500 per acre for interior Palm Beach Heights parcels, which is the basis of the offer.  The Agreement allows for the County’s due diligence review of the parcel within 45 days of BCC approval.  The County will pay title insurance policy premium, closing and recording costs estimated to be $745 for the OAKS parcel. The Environmental Resources and Management (ERM) Department will perform pre-acquisition environmental assessments for the parcel prior to closing.  A boundary survey will not be obtained for the parcel due to the remote location.  ERM will be responsible for the administration of the parcel.  All costs related to the acquisition will be paid from existing funds received from the ARPA Response Replacement Fund. These are County ARPA Response Replacement funds that do not require a local match. This acquisition must be approved by a supermajority vote (5 Commissioners).  (Property & Real Estate Management) District 1 (HJF)

 

 

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

D.        YOUTH SERVICES

 

1.         Staff recommends motion to conceptually approve: allocations for funding in the Action Areas of Economic Access, Parenting and Role Models, and Educational Supports for the period October 1, 2024 through September 30, 2027, in an estimated total amount of $1,420,910, annually:

Proposer

Program/Project

Annual Amount

Action Area:  Economic Access

ChildNet, Inc.

Youth@Work

$95,000

The Arc of Palm Beach County, Inc.

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

$80,000

Vita Nova, Inc.

Pathways to Employment

$140,000

Action Area:  Parenting and Role Models

Center for Child Counseling, Inc.

Project Promoting Family HOPE (Healthy Outcomes from Positive Experience)

$130,000

Children of Inmates, Incorporated

Babies ‘N Brains

$57,000

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

Family Connect: Strengthening Families

$75,000

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

Parent Aide

$75,000

Grandma’s Place, Inc.

Family Support Program

$100,000

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

Glades Family Education

$35,000

Action Area:  Educational Supports

American Association of Caregiving Youth, Inc.

Caregiving Youth Project

$52,910

Boys and Girls Clubs of Palm Beach County, Inc.

Career Bound

$50,000

Connect to Greatness, Inc.

The Boys to Men Leadership Academy

$36,000

Digital Vibez, Inc.

Digital Expressions: Lifetime of Consequences

$90.000

For the Children Inc.

Teen Zone A/K/A Teen Learning Center

$75,000

Girl Scouts of Southeast Florida, Inc.

Girl Scouts Leadership Experience

$65,000

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

Ambassadors for Higher Education

$45,000

Scholar Career Coaching, Inc.

Scholar CC Mentoring Program

$60,000

The Children’s Home Society of Florida

Building Resilient Youth

$65,000

The Path to College Foundation, Inc.

Academic Fellowship

$55,000

Youth Empowered to Prosper Inc.

Young Women Who Win

$40,000

Total           

$         1,420,910

 

 

 

Summary: On February 26, 2024, the Youth Services Department issued a Notice of Funding Opportunity (NOFO) for Community Based Agencies (CBA) funding for three (3) years, beginning in FY2025.  Proposals were accepted for three (3) action areas identified as priorities in the Youth Master Plan (YMP): Economic Access, Parenting and Role Models, and Educational Supports. To continue to align programs with the YMP and incorporate evidence-based/promising programming with outcomes and performance measures, the NOFO was issued.  Final contracts with each Action Area Agency will be presented to the Board of County Commissioners (BCC) after contract negotiations are complete. After completion of each contract year, a report will be developed detailing each CBA’s progress in meeting their performance measurements. Countywide (HH)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

E.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the Palm Beach County Action Plan (AP) for Fiscal Year 2024-2025; authorizing the County Administrator or designee to execute Standard Forms 424 and Certifications for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs, and funding agreements, amendments thereto, and other documents necessary for implementation of CDBG, HOME, and ESG activities that do not substantially change the standard forms, certifications, and the funding agreements or amendments terms or conditions. SUMMARY:  On May 7, 2024, Palm Beach County received notification of the following FY 2024-2025 entitlement grants from the U.S. Department of Housing and Urban Development (HUD):  CDBG - $6,487,957 (+0.26% from previous year), plus program income of $20,000; HOME - $2,201,524 (-17.64%); and ESG - $568,768 (-0.32%). The final AP funding recommendations reflect BCC directions on funding strategies for the CDBG, HOME, and ESG Programs provided at the April 16, 2024 workshop, adjusted per the actual grant amounts. The final AP also incorporates ESG funding recommendations made by the Department of Community Services and recommended continued ESG funding for six (6) activities. Any revisions directed by the BCC today will be incorporated into the final AP before submittal to HUD by the August 15, 2024 deadline. The ESG required local match ($568,768) will be provided by the ESG-funded agencies, the Department of Community Services, and DHED.  The HOME required local match ($467,881) will be provided from the State Housing Initiatives Partnership Program.  CDBG funds require no local match.  This Agenda Item will approve a total of $9,258,249 in federal funding.  Countywide (HJF)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

F.         OFFICE OF EQUAL BUSINESS OPPORTUNITY

 

1.         Staff recommends motion to approve:

 

A) a contract with Griffin & Strong, P.C. to assess whether there is continued disparity in the utilization of Minority and Women Owned Business Enterprises (M/WBE) in contracting in the areas of construction, Consultants’ Competitive Negotiation Act (CCNA) professional services, non-CCNA professional services, and goods and services contracts with Palm Beach County for an amount not to exceed $425,531; and

 

B) Budget Transfer of $425,531 in the general fund from contingency reserves.

 

Summary: On November 21, 2023, the Board of County Commissioners approved and amended the Equal Business Opportunity ordinance to include the modification of the sunset date to December 31, 2025 to allow time to solicit, complete and consider the findings of an updated disparity study and fairly monitor and track an uninterrupted period of two years for overall county spend that was altered due to COVID-19 when emergency purchases were not subject to the Equal Business Opportunity (EBO) program. A Request for Proposals (RFP) was issued and the Selection Committee determined Griffin & Strong, P.C. to be the best firm to perform the study. The consultant shall conduct a study to determine if there is ongoing disparity between the number of minority and women owned businesses that are willing and able to perform on construction, CCNA professional services, non-CCNA professional services, and goods and services contracts and the numbers of these same business types who are actually participating in these same types of contracts with the County. The comprehensive Disparity Study Update is a statistical analysis of the availability and utilization of M/WBEs in the industry segments of Construction, Horizontal and Vertical (new, renovation and renewals); Professional Services CCNA; Professional Services non-CCNA; and Goods and Services. The study period shall consist of five (5) years (2019 to 2023) for each industry segment and shall include the use of appropriate quantitative and qualitative methodologies. During the course of the study the Consultant shall consider relevant statistical, historical, sociological and anecdotal evidence and other variables that may have impeded the formation, growth, availability, or utilization of M/WBEs.


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

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

 

1.         Summary (cont’d): The Consultant shall consider use of appropriate methodologies for gathering and analyzing anecdotal or qualitative evidence regarding marketplace discrimination and other barriers e.g. public hearings, in-depth personal interviews of marketplace participants, surveys and focus groups. The study will also include an economic impact analysis of Palm Beach County to measure program costs, changes in business revenue, profits, wages, jobs and COVID-19’s impact on government contracting. On December 20, 2023 the Goal Setting Committee (GSC) established Affirmative Procurement Initiatives (API) of a minimum mandatory 20% Small Business Enterprise (SBE) Subcontracting goal and M/WBE Evaluation Preference up to 15% and all respondents received 15 points. Griffin & Strong, P.C. has committed to 20% S/M/WBE participation on this contract. Countywide (RS)

 

 

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

            G.        COMMUNITY SERVICES

 

1.         Staff recommends motion to conceptually approve: allocations for funding in the Financially Assisted Agency (FAA) areas of Housing & Homelessness and Homeless Prevention for the period of October 1, 2024, through September 30, 2027, in an estimated total amount of $2,731,038 annually:

Proposer

Program/Project

Annual Amount

 

Action Area: Homeless Prevention (Families/Seniors/Special Needs)

Adopt-A-Family of the Palm Beaches, Inc.

Housing Stabilization Program

$152,250

 

The Arc of Palm Beach County, Inc.

Residential Group Homes

$265,791

 

Coalition for Independent Living Options, Inc.

Senior Financial Independence Needs and Disability (FIND) Program

$47,250

 

Gulfstream Goodwill Industries, Inc.

Senior Homelessness Prevention

$105,000

 

Action Area: Emergency Shelter Domestic Violence and Parks to Work

Aid to Victims of Domestic Abuse, Inc.

Casa Vegso Emergency Domestic Shelter

$351,750

 

The Lord's Place, Inc.

Parks 2 Work

$267,750

 

YWCA of Palm Beach County, Inc.

Harmony House (Emergency Domestic Violence Shelter)

$141,750

 

Action Area: Rapid Rehousing

Adopt-A-Family of the Palm Beaches, Inc.

Homeless Resource Center – Financially Assisted Agencies Rapid Re-Housing

$317,432

 

YWCA of Palm Beach County, Inc.

Persimmon Housing Initiative (PHI)

$231,508

 

Action Area: Permanent Supportive Housing

Adopt-A-Family of the Palm Beaches, Inc.

Project Safe II

$129,322

 

Children's Case Management Organization, Inc.

Residential Group Homes

$56,595

 

The Lord's Place, Inc.

Permanent Supportive Housing

$518,700

 

Vita Nova, Inc.

VNI Homerun HUD Match

$145,940

 

TOTAL

$2,731,038

 

 

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

            G.        COMMUNITY SERVICES (cont’d.)

 

1.         SUMMARY:  On March 15, 2024, the Community Services Department (CSD) issued a Notice of Funding Opportunity (NOFO) for FAA funding for Fiscal Year (FY) 2025. Proposals were accepted for this action area of Housing and Homelessness based on the Countywide Strategic Priority. Data and information gathered from the 2023 Point in Time (PIT) Count, and the "Leading the Way Home: Summit on Homelessness" along with input from community stakeholders helped to establish the current FAA funding priorities for the Housing and Homelessness action areas for FY 2025. Funding for these allocations is included in the County Administrator’s proposed FY 2025 budget. Final FAA contracts, which include outcomes and performance measures, will be presented to the Board of County of County Commissioners (BCC) after contract negotiations are complete. (FAA) Countywide (HH)


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

H.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to authorize:

 

A) Staff to submit proposed not-to-exceed millage rates for the FY 2025 budget to the Property Appraiser as follows:

 

FY 2024 Adopted

FY 2025 Rollback

FY 2025 Proposed

Over/(Under)  

 

Millage

Taxes

Millage

Taxes

Millage

Taxes

Rollback

Countywide Non-Voted

4.5000

$1,306,269,377

4.1641

$1,324,230,392

4.5000

$1,431,050,351

$106,819,959

8.07%

Library

0.5491

84,191,978

0.5077

85,196,807

0.5491

92,144,114

6,947,307

8.15%

Fire-Rescue MSTU

3.4581

408,080,983

3.1986

412,765,604

3.4581

446,252,965

33,487,361

8.11%

Jupiter Fire-Rescue MSTU

1.7879

28,378,279

1.6511

28,520,978

1.6488

28,481,248

        (39,730)

(0.14)%

 

 

 

 

 

 

 

 

 

Aggregate-Excluding Voted Debt

6.2936

$1,826,920,617

5.9083

$1,878,905,508

6.2826

$1,997,928,678

 

6.34%

 

 

 

 

 

 

 

 

 

Countywide Voted-Debt

0.0188

$5,461,247

 

 

0.0396

$12,601,861

 

 

Countywide-Library Voted-Debt

0.0108

1,655,934

 

 

0.0098

$1,644,532

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B) Staff to submit to the Property Appraiser public hearing dates of Tuesday, September 10, 2024 at 5:05 p.m. and Tuesday, September 17, 2024 at 5:05 p.m. in the Commission Chambers, 6th floor of the Robert Weisman Governmental Center for the FY 2025 budget;

 

C) Administrative adjustments to establish funding in the FY 2025 budget for capital projects approved and established in the current fiscal year.  These projects were approved in the current fiscal year (FY 2024) after the preparation of the proposed budget and are therefore not currently included in the FY 2025 budget.  These adjustments will have no impact on proposed Ad Valorem taxes and will be incorporated into the tentative budget to be presented at the first public hearing; and

 

D) Administrative adjustments to establish funding in the FY 2025 budget for designated fund balances for contingency and other projects and carryover for encumbrances.  These balances and encumbrances were approved in the current fiscal year (FY 2024) after the preparation of the proposed budget and are therefore not currently included in the FY 2025 budget.  These adjustments will have no impact on proposed Ad Valorem taxes and will be incorporated into the tentative budget to be presented at the first public hearing.

 


JULY 2, 2024

 

 

6.         REGULAR AGENDA

 

 

H.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET (cont’d.)

 

1.         Summary: The proposed millage rates for Countywide, Library, and Fire Rescue MSTU are at the current year millage rate and above the rolled-back rate.  The millage rate for the Jupiter Fire MSTU is below the current year millage rate and below the rolled-back rate.  These millage rates are not-to-exceed rates, and may be lowered but not raised at the September public hearings, without additional Truth in Millage (TRIM) notices being sent out. If the rates are raised at the first September public hearing, new notices to the property owners must be prepared by the Property Appraiser and mailed between 10 to 15 days prior to the second September public hearing at the County’s expense.  Although permitted under Florida Statute, completing this task within the allotted timeframe is logistically unfeasible for Palm Beach County due to the high number of parcels.  Additionally, with an estimated expense of approximately $500,000, it is also impractical.  The rates cannot be raised at the second September public hearing.  Countywide (DB)

 

 

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


JULY 2, 2024

 

 

7.         BOARD APPOINTMENTS

 

            A.        HOUSING AND ECONOMIC DEVELOPMENT

 

1.         Staff recommends motion to approve: appointment of two (2) nominees to the Commission on Affordable Housing (CAH) to complete three (3) year terms as follow:

 

Seat:

Appoint:

Nominated By:

Not for Profit Provider of

Ashley Whidby

Commissioner Bernard

Affordable Housing

(7/2/24 to 7/1/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

OR

Satyanarayana Polineni

Commissioner Bernard

(7/2/24 to 7/1/27)

Commissioner Weiss

Commissioner Barnett

OR

Shirley Erazo

Commissioner Bernard

(7/10/24 to 7/9/27)

Commissioner Weiss

Commissioner Barnett

Commissioner Woodward

                       

SUMMARY: The CAH conducts an annual review of established and proposed policies and procedures, ordinances, land development regulations, and the comprehensive plan of the County and recommends actions or initiatives to encourage or facilitate affordable housing. Staff recommends appointment of two (2) of the three (3) nominees listed above to fill two (2) seats in the Not for Profit Affordable Housing category for three (3) year terms. Nominees include one (1) current member (Shirley Erazo) and two (2) new nominees who are seeking appointment. In accordance with Section 420.9076, Florida Statutes and Ordinance No. 2017-017, the CAH functions to review local affordable housing policies and incentive strategies, and to provide recommendations to the County regarding the same. Section 420.9076, Florida Statutes calls for a minimum of eight (8) and a maximum of 11 members representing various categories related to affordable housing. Members serve three (3) year terms.  With the appointment of the seven (7) uncontested nominees under a separate consent item, a diversity count of the nine (9) members will demonstrate a gender ratio (female:male) of 2:7 and a racial/ethnic breakdown as follows: Caucasian: 6 (67%), African American: 2 (22%), Hispanic 1 (11%). Ms. Whidby is an African-American Female, Mr. Polineni is an Asian-American Male, and Ms. Erazo is a Hispanic-American Female. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HJF)


JULY 2, 2024

 

 

7.         BOARD APPOINTMENTS

 

            BOARD OF COUNTY COMMISSIONERS SITTING AS ENVIRONMENTAL CONTROL BOARD

 

            B.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to approve:

 

A)  the appointment of one (1) nominee to the Environmental Appeals Board (EAB) to complete an unexpired term July 2, 2024 through July 12, 2024; plus a full three (3) year term commencing July 13, 2024 through July 12, 2027; and

 

NOMINEE:              SEAT #:            REQUIREMENT:            NOMINATED BY:

Jeffrey Duncan        5                      Attorney                        PBC Bar Association

 

B) the re-appointment of one (1) nominee for a full three (3) year term commencing July 13, 2024 through July 12, 2027:

 

NOMINEE:                          SEAT #:            REQUIREMENT:            NOMINATED BY:

Trevor Rosecrans, P.E.       1                      Professional Engineer    Am. Society of Civil

Engineers of Palm Beach Branch

 

Summary: The EAB hears appeals from the provisions of Environmental Control Rules (ECR-1) for onsite sewage systems and ECR-II for drinking water supply system installations.  This Board is composed of five (5) members.  Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association; one (1) member of the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one (1) professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers (ASCE); one (1) water resource professional employed by the South Florida Water Management District (SFWMD); and one (1) drinking water engineer employed by the Department of Environmental Protection (DEP).  The applicant for appointment to Seat # 5, Jeffrey Duncan is recommended by the Palm Beach County Florida Bar Association and the applicant for re-appointment to Seat #1, Trevor Rosecrans, P.E. is recommended by the American Society of Civil Engineers-Palm Beach Branch.  The Board’s current three (3) members diversity count is: 2 Caucasian (60%), 1 Hispanic-American (20%) and 2 vacant seats awaiting recommendations. The gender ratio (female: male) is 0:3. Staff is addressing the need to increase diversity within our boards and will continue to encourage this to expand this Board’s diversity. Countywide (HH)

 

ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD

 

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

           

JULY 2, 2024

 

 

7.         BOARD APPOINTMENTS

 

 

C.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JULY 2, 2024

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

1.         Staff recommends motion to receive and file: the updated Board Directive Reports which include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County Commissioners Meeting, direction was given to the County Administrator to submit monthly a status report of the board directives. The report categorizes: 1) In Process Items, and 2) Completed Items. The report continues to be updated on an ongoing basis. Countywide (DC)

 

 

 

B.        COUNTY ATTORNEY

 

 

 

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

 

 

 

 


JULY 2, 2024

 

 

 

9.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

Requesting off-site approval for Proclamation declaring July 17, 2024 as the 13th Annual Kidsfit Jamathon.

 

           

 

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

 

 

 

 

 

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

 


JULY 2, 2024

 

 

 

 10.      MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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

 


JULY 2, 2024

 

 

 

11.       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."

 

 

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