BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
FEBRUARY 11, 2025
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 9 - 53)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 54 -
57)
5. REGULAR
AGENDA (Pages 58 - 69)
6. BOARD
APPOINTMENTS (Page 70)
7. STAFF
COMMENTS (Page 71)
8. BCC
COMMENTS (Page 72)
9. ADJOURNMENT (Page 73)
* * * * * * * * * * *
FEBRUARY 11, 2025
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Quarterly
Reports for Fiscal Year 2023 – 2024.
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Change
Order No. 4 with R&D Paying, LLC for SR 7 and Weisman Way project.
Page 11
3C-2 Consultant
Service Authorization with Mock, Roos & Associates, Inc. for the C-18 Canal
Drainage Modifications for PBC Facilities and Roads.
Page 12
3C-3 Contract
with Rosso Site Development, Inc. for the construction Phase A of Congress
Avenue, north or Northlake Blvd.
E. COMMUNITY SERVICES
Page 13
3E-1 Reappointment
of one member to the Palm Beach County HIV Comprehensive AIS Resource Emergency
Act Council.
F. AIRPORTS
Page 14
3F-1 Amendment No. 6 with AVCON, Inc. for the
continued performance of professional planning and design services related to
the PBC Airports Capital Improvement Program.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 15
3G-1 Settlement
with Maria Carmelino for code compliance lien.
Page 16
3G-2 Board
appointment and one (1) reappoint for the County Finance Committee.
FEBRUARY 11, 2025
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Supplement
No. 1 with Omnicom Consulting Group, Inc. for the West County Communications
Tower Site Replacement project.
Page 18
3H-2 Roger
Dean Chevrolet Stadium Renovation Project development period report.
Page 19
3H-3 FEMA
Standard License/Use Agreement for use of portions of the County’s Loxahatchee
Grove Park and County’s Jupiter Farms Park to establish short term Mobile
Disaster Recovery Center.
Page 20
3H-4 First
Amendment with the Town of Manalapan to extend the term of the Agreement for
interoperable communications.
Page 21
3H-5 First
Amendment with the Port of Palm Beach to extend the term of the Agreement for
direct access to the County’s Public Safety Radio System.
Page 22 - 23
3H-6 Annual
Contract with Protect Video, Inc., and a Work Order for the Dryer Park-Light
Fixture Replacement project.
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 24
3I-1 Amendment 001 with the City of Greenacres
for the Sanitary Sewer System project to extend the completion date.
Page 25
3I-2 Notice of Termination of the Economic
Development Agreement with Business Loan Fund of the Palm Beaches, Inc. for the
CDBG Program.
3I-3 Interlocal Cooperation Agreement with the
City of Pahokee.
Page 26
3I-4 Amendment 001 with The Lord’s Place, Inc.
to allow for additional construction costs, revise the Advertising/Marketing
requirements and to insert the Davis-Bacon and Related Acts.
Page 27 - 28
3I-5 Resolution authorizing issuance of one (1)
more series of Palm Beach County Health Facilities Retirement Communities
Revenue Bonds.
FEBRUARY 11, 2025
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 28
3I-6 Interlocal Agreement with FARDA to provide
assistance to the evaluation of economic development activities.
Page 29
3I-7 Two (2) CDBG Capital Improvement Agreements
with the Town of Lantana for the improvements at the Lantana Sports Complex.
K. WATER UTILITIES
Page 30
3K-1 Consultant
Services Authorization No. 6 with Chen Moore and Associates, Inc. for
professional engineering services for New Force Main Pipelines along Lyons
Road.
Page 31
3K-2 Contract
for Professional Consulting Services for Water Treatment and Water Resource
Engineering Services with Kimley-Horn and Associates, Inc. for services of
Water Treatment Facilities.
Page 32 - 33
3K-3 Standard
Potable Water and Wastewater Development Agreements.
Page 34
3K-4 Consultant
Services Authorization No. 1 with Parsons Environment & Infrastructure
Group Inc. for the Capital Improvement Plan Program Management.
Page 35
3K-5 Request
to pursue funding from the South Florida Water Management District’s
Cooperative Funding Program for a grant amount estimated up to $10m for the
Palm Beach – Broward Interconnect Phase 2 South Reclaimed Water Transmission
Pipeline and the Green Cay Phase 2 projects.
Page 36
3K-6 Consultant
Services Authorization No. 1 with Kimley-Horn and Associates, Inc. for services
for the upgrades needed to Water Treatment Plant No. 2.
Page 37
3K-7 Supplement
No. 3 with JLA Geosciences, Inc. for the System-Wide Wellfield Improvement
Phase 2 Construction Phase Services.
FEBRUARY 11, 2025
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES
Page 38
3K-8 Consultant
Services Authorization No. 5 with JLA Geosciences, Inc. for the Water Treatment
Plan No. 3 Wellfield Improvements project.
Page 39 - 40
3K-9 Emergency
Procurement for the Turnpike Widening Belvedere Road project, and Emergency
Work Order NO. 12 with Johnson-Davis Incorporated.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 41
3L-1 Consulting
Professional Services Contract with Inwater Research for sea turtle monitoring.
Page 42
3L-2 FIND
Project Agreement for services of the South Lake Worth Inlet Sand Trap and Boat
Channel Dredging Project.
Page 43
3L-3 Work
Order No. 0780-62 with Eastman Aggregate Enterprises, LLC providing for dune
restoration services for the Coral Cove Dune Restoration Project.
S. FIRE RESCUE
Page 44
3S-1 Municipal
Ordinance of the Village of Royal Palm Beach for consent to the participation
in the County’s Fire Rescue Municipal Services Taxing Unit.
3S-2 Public
Emergency Medical Transportation Letter of Agreement with AHCA relating to
intergovernmental transfers for the supplemental payment program for Medicaid
managed care patients.
Page 45
3S-3 Certificate
of Correction of Non-Ad Valorem Assessment Roll forms for the Municipal Service
Benefit Unit for Fire Hydrant Maintenance and Rental.
Page 46
3S-4 Grant
application for FY 2024 Assistance to Firefighters to fund the purchase of
liquid CO2 extractor machine.
FEBRUARY 11, 2025
TABLE OF CONTENTS
CONSENT AGENDA
U. INFORMATION SYSTEMS SERVICES
Page 47
3U-1 Fourth
Amendment with the City of Greenacres to provide additional phone services and
upgrade network services.
3U-2 First
Amendment with the Health Care District of Palm Beach County to modify service
locations, increase bandwidth and removal of a rack for colocation.
X. PUBLIC SAFETY
Page 48
3X-1 Notice
of Termination of Agreement with the Port of Palm Beach District to provide
Vehicle for Hire licensing services.
Page 49
3X2 Contract
for Consulting/Professional Services with Rebel Recovery Florida Inc. to
provide peer support services for Family Treatment Court.
CC. SHERIFF
Page 50
3CC-1 Grant Modification No. 4 with the Office of
National Drug Control Policy to extend the grant period.
Page 51 - 52
3CC-2 Budget Transfer from the Law Enforcement Trust
Fund.
DD. TOURIST
DEVELOPMENT COUNCIL
Page 53
3DD-1 Category “G” Grant Agreement for the promotion
of Battle Youth National Championship with Youth National Championship, LLC.
PUBLIC HEARINGS – 9:30 A.M.
A. HOUSING &
ECONOMIC DEVELOPMENT
Page 54
4A-1 Resolution making certain findings and
designating the parcels known as Cypress Creek Green Reuse Area for the purpose
of rehabilitation and creation of recreation area.
B. PUBLIC SAFETY
Page 55 - 57
4B-1 Secondary Provider Emergency Medical Service
Certificate of Public Convenience and Necessity.
FEBRUARY 11, 2025
TABLE OF CONTENTS
REGULAR AGENDA
A. AIRPORTS
Page 58
5A-1 Amendment No. 14 with RS&H, Inc. to
provide supplemental services for a task related to the Concourse B Expansion
project.
B.
INTERGOVERNMENTAL AFFAIRS
Page 59
5B-1 Proposed 2025 Federal Legislative Agenda.
C. FACILITIES
DEVELOPMENT & OPERATIONS
Page 59
5C-1 Assignment of Claims to the Hunt Construction
Group, Inc. related to County-issued purchase orders for the acquisition of
materials incorporated in the construction of Ballpark of the Palm Beaches.
Page 60
5C-2 Deposit Receipt and Contract for Sale and
Purchase Agreement with True Gospel Holiness Christian Center Inc.
Page 61 - 62
5C-3 Non-binding summary of material terms for
proposed developer agreement and new room block agreement with CityPlace Hotel,
LLC.
D. COOPERATIVE
EXTENSION SERVICE
Page 63
5D-1 Resolution repealing and replacing to revise
the Agricultural Enhancement Council Resolution.
E. HOUSING &
ECONOMIC DEVELOPMENT
Page 64
5E-1 CDBG
allocation for the Facilities
Development and Operations Department to undertake the
rehabilitation of
the Senator Philip D. Lewis Homeless Resource Center project.
Page 65
5E-2 Fourth Amendment to PBC’s SHIIP Program
Local Housing Assistance Plan for FY 2022/2023/2024 and 2024/2025.
FEBRUARY 11, 2025
TABLE OF CONTENTS
REGULAR AGENDA
E. HOUSING &
ECONOMIC DEVELOPMENT
Page 66 - 67
5E-3 Request to deny Housing Bond Loan Program
funding for the Residences at Marina Village, LLC.
F. PLANNING, ZONING & BUILDING
Page 68
5F-1 Resolution encouraging municipalities,
stakeholders, interested state agencies and other taxing authorities to engage
in a collaborative effort for the successful development and adoption of a
Countywide Transportation Master Plan.
G. FIRE RESCUE
Page 69
5G-1 Memorandum of Agreement for use to contract
with Affiliated Personnel in anticipation of being designated by the State of
Florida as a Florida Urban Search and Rescue Task Force.
BOARD
APPOINTMENTS (Page 70)
STAFF
COMMENTS (Page 71)
BCC COMMENTS (Page 72)
ADJOURNMENT (Page 73)
FEBRUARY 11, 2025
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: The Quarterly Reports for Fiscal Year
2023-2024 for the funding responsibilities and operation of the Palm Beach
County Health Department (CHD) in accordance with the Contract between the
State of Florida, Department of Health (State) Palm Beach County Board of
County Commissioners (BCC) and Department of Health (DOH). Summary:
The Board of County Commissioners
(BCC) approved the Contract (R2023-1628) on November 7, 2023 with the DOH for
Environmental Health and Engineering programs provided by CHD. In compliance with the Contract and per Section
154.02, Florida Statutes, quarterly reports are required to be
submitted to the BCC as a receive and file agenda item. Countywide (DB)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff
recommends motion to approve:
Contracts (regular) and claim settlements list as submitted by various
departments to the Clerk & Comptroller’s Office. Countywide
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Change
Order No. 4 in the amount of $9,953.11 and a retroactive time extension of 152
days to the contract dated October 18, 2022 (R2022-1178) (Contract) with R&D
Paving, LLC (R&D) for SR 7 and Weisman Way (Project). SUMMARY: Pursuant
to Specifications 4-3.1 and 8-7.3.2 of the Contract, approval of Change Order
No. 4 will reimburse R&D $9,953.11 for an unforeseen fiber optic utility
conflict in the southeast corner of SR 7 and Weisman Way, maintenance of
traffic (additional signage, drums, and labor costs) during the delay of the
Project while the utility conflict was resolved, and the retroactive Contract
time extension of 152 days. Per PPM CW-F-050, the total of this Change Order
exceeds the allowable time extensions relating to staff approvals of change
orders to contracts and requires approval by the Board of County Commissioners
(BCC). The Contract was approved on October 18, 2022, for $1,378,374.35. Previous
change orders totaling $83,466.47 plus this Change Order bring the total Change
Order amount to $93,419.58.The total Contract amount, including this Change
Order and previous change orders, is $1,471,793.93. With approval of the
retroactive time extension associated with this Change Order, the new revised
completion date is April 16, 2024. However, construction was completed on
August 17, 2024, and there are additional change orders that will adjust the
completion date to August 17, 2024.
This Contract was presented to
the Goal Setting Committee on September 1, 2021, and the Committee established
an Affirmative Procurement Initiative (API) of a 20% minimum mandatory Small
Business Enterprise (SBE) participation. The proposed SBE participation for
Change Order No. 4 is 100%. To date, the overall SBE participation achieved on
this Contract is 29.77%. This Project is included in the Five-Year Road
Program. District 6 (YBH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve:
A) Consultant Service Authorization No. 10 (CSA) in the amount of $697,526.50 to the Civil Engineering Annual Services
Contract (R2022-0464) dated May 17, 2022 (Contract) with Mock, Roos
& Associates, Inc. (MRA) for the
C-18 Canal Drainage Modifications for Palm Beach County (County) Facilities and
Roads (Project); and
B) a Budget Transfer in the amount of $697,527 from the American Rescue Plan Act (ARPA)
replacement funds for the Loxahatchee River Wetland Attenuation to Water
Resources Infrastructure Capital and appropriate it to the Project.
SUMMARY:
Approval of this CSA and Budget Transfer will provide the professional services necessary to design drainage that
will facilitate a future connection from the L-8 Basin to the northwest fork of
the Loxahatchee River, and protect the Water Utilities Department’s (WUD)
critical water and wastewater facilities (WUD Facilities) located along this potential
connection. Drainage improvements to
provide for the future extension of Seminole Pratt Whitney Road that are
compatible with this potential connection will also be designed. The Budget Transfer is necessary to provide
funds for the accelerated study, design, and potential construction of interim
connection facilities. The Contract was
presented to the Goal Setting Committee on June 16, 2021 and the Committee
established Affirmative Procurement Initiatives (API) of a 20% minimum
mandatory Small Business Enterprise (SBE) participation and a Minority Business
Enterprise (MBE) evaluation preference for African American (AA) owned
firms. MRA committed to 27% SBE participation. The proposed SBE participation for this CSA
is 81.51%. To date, the overall SBE participation achieved on this Contract is
44.73% and 26.95% MBE participation. MRA has an office located in the County and is a
certified SBE company. This Project is a precursor to the future extension of
Seminole Pratt Whitney Road to connect to Avenir Drive in Palm Beach
Gardens. Due to limited time
constraints, the separation of the drainage will occur in two phases. The first phase will design the required
features to separate County drainage and rely on an existing pump station. The second phase will provide a permanent
pump station, site design and grading to facilitate the future construction of the Seminole Pratt Whitney Road extension,
as well as other potential uses by the County. This Project is included in the ARPA Response Replacement Fund. District 1 (YBH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve: a
contract with Rosso Site Development, Inc. (RSD) in the amount of $2,535,046.85
with a contract time of 270 calendar days for the construction of Phase A of
Congress Avenue, north of Northlake Boulevard to Alternate A1A (Project). SUMMARY:
Approval of this contract will authorize the construction services necessary to
construct Phase A of the Project, which includes a new 3-lane roadway with
drainage, bike lanes and sidewalks from north of Northlake Boulevard to Avocado
Lane. This Project was presented to the Goal Setting Committee on January 17,
2024 and the Committee established an Affirmative Procurement Initiative (API)
of a 20% minimum mandatory Small
Business Enterprise (SBE) participation of which 3% must be Minority Business
Enterprise (MBE) participation for African American (AA) owned firms.
RSD committed to 71.5% SBE and 35% MBE participation. Bids for the contract were received by the Engineering and Public
Works Department (EPW) on September 4, 2024. RSD was the lowest responsive
bidder of five (5) bidders. The contract
time for the Project is 270 calendar days.
RSD has an office located in
Palm Beach County and is a certified SBE company. This Project is included
in the Five-Year Road Program. District 1 (YBH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the reappointment of one (1) member to the Palm
Beach County HIV Comprehensive AIDS Resources Emergency Act Council (HIVCC),
for the term February 11, 2025 to February 10, 2028:
Seat
No: Appointment: Recommended
By:
14 Brittany S. Henry HIV CARE Council
SUMMARY: HIVCC
establishes priorities for the allocation of Ryan White (RW) HIV/AIDS Program
funds within Palm Beach County (County); and develops a comprehensive plan for
the organization and delivery of health services described in 42 U.S.C. §
300ff, et seq., that is compatible with any existing state or local plan
regarding the provision of health services to individuals with HIV disease. The
United States Department of Health and Human Services, through the Health
Resources and Services Administration (HRSA), requires the County to maintain a
planning council, and the HIVCC serves as that council. Federal law requires
that the planning council’s composition reflect the demographics of individuals
with HIV/AIDS in the County. At least
33% of its members must be consumers of RW services who are not affiliated with
subrecipient service providers. The law also requires that 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. According
to Resolution No. 2011-1560, the total membership for the HIVCC shall not
exceed 33 at-large members. The HIVCC recommends the reappointment of Ms.
Brittany S. Henry, who is employed by FoundCare, Inc. This agency has a
contract with the County for services; however, HIVCC does not provide
regulation, oversight, management, or policy-setting recommendations regarding
the contracts or transactions with FoundCare, Inc. Disclosure of this
contractual relationship at a duly noticed public meeting is provided in
accordance with the provisions of Section 2-443 of the County’s Code of Ethics.
The diversity count for the 24 seats that are currently filled is
African-American: nine (9) (38%), Caucasian: eight (8) (33%), Hispanic-American:
five (5) (21%) and Asian-American: two (2) (8%). The gender ratio (male:
female) is 10:14. Ms. Henry is African American. The staff has addressed the need to increase diversity within our Boards and
will continue to promote efforts to expand this Board’s diversity. Countywide
(HH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment No. 6 to the Contract for Consulting/Professional
Services (Consulting Agreement) with AVCON, Inc. (AVCON), in the amount of
$287,300.54 for the continued performance of professional planning and design
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 (BCC) on September 13, 2022
(R2022-1029) in the amount of $796,697.19.
Amendments No. 1 through No. 5 increased the contract amount by
$1,106,662.91 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), terminal concourse fire alarm strobe
synchronization at PBI, and annual stormwater pollution prevention plan updates
for the County’s four (4) airports. A
detailed contract history is included in Attachment 1. Approval of Amendment
No. 6 will increase the contract amount by $287,300.54 for a total contract amount
of $2,190,660.64 and will provide professional services to the following
projects: annual Stormwater Pollution Prevention Plan (SWPPP) updates for the
County’s four (4) airports and Burrowing Owl Survey and related environmental
services for PBI. AVCON is an Orlando,
Florida based firm; however, the majority of the work will be completed through
its Boca Raton, Florida office. This Consulting Agreement 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% SBE participation. The SBE proposed participation for Amendment
No. 6 is 81.1%. To date, the overall participation achieved on this Consulting
Agreement is 48.95%. Countywide
(AH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a
negotiated settlement offer in the amount of $6,000 for the full satisfaction
of a code compliance lien entered against Maria Carmelino on January 17,
2018. Summary: On May 6,
2015, a Code Compliance Special Magistrate (CCSM) issued an order giving Maria
Carmelino until November 5, 2017 to bring her property located at 2162 Laura
Lane, West Palm Beach into full code compliance. The violations include
overgrown vegetation, livestock in a residential area, and open storage of an
inoperable vehicle and miscellaneous debris.
Compliance with the CCSM’s order was not timely achieved, and a fine of
$50 per day was imposed. The CCSM executed an order imposing a code lien
against Maria Carmelino on January 17, 2018. The Code Compliance Division (Code
Compliance) issued an affidavit of compliance for the property stating the
violations were corrected as of August 20, 2018. The total fine amount on
January 13, 2024, the date on which settlement discussions began, amounted to
$14,445.14. Maria Carmelino has agreed to pay Palm Beach County $6,000 (41%)
for the full settlement of the outstanding code compliance lien. This was not a
homestead property. District 3 (SF)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
2. Staff recommends
motion to approve:
A) appointment of one (1) new nominee to the County
Finance Committee (CFC), for the term beginning March 1, 2025 through February
28, 2028:
Appointment Seat Requirement Nominated By
Hugh
Dunkley Local Government Mayor Marino
Commissioner
Weiss
Commissioner
Woodward
B) reappointment of one (1) nominee to the CFC,
for the term beginning March 1, 2025 through February 28, 2028:
Reappointment Seat Requirement Nominated By
Ron
Horan Local
Government Mayor
Marino
Commissioner
Weiss
Commissioner Woodward
Summary: The CFC meets as needed to review and make recommendations to the
County Administrator regarding the issuance of debt obligations and management of outstanding debt, including but not limited to the selection and procurement of all outside professional services. The CFC consists of five (5) members and upon approval of this item, five (5) seats are currently occupied. The CFC is currently comprised of the Director of the Office of Financial Management & Budget (Sherry Brown), a representative from the Clerk & Comptroller’s Office (Paul Guzenski), two (2) representatives from local government agencies (Ron Horan, School District Manager of Treasury and Capital Projects and Paul Dumars, Solid Waste Authority Director of Financial Services), a Board appointee (Howard Schwartz), and a County Department Director, if needed. Paul Dumars has served the limit of three (3) consecutive three (3) year terms. Hugh Dunkley is the Solid Waste Authority Chief Financial Officer and is seeking appointment. Ron Horan has served since August 2018, has attended all meetings in that time period, and is seeking re-appointment. The local government finance officer appointees will serve a term of three (3) years, at which time the appointee may be re-appointed, or a new appointee selected by the Board of County Commissioners (BCC). The current diversity count for the four (4) seats is Caucasian: 4 (100%). The gender ratio (male:female) is 3:1. Staff is addressing the need to increase diversity within our boards and committees and will continue to encourage this to expand this committee’s diversity. Countywide (DB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Supplement No. 1 to Consultant Services
Authorization (CSA) No. 10 to the continuing consulting services/design
professional services contract for public safety radio system planning and
design services (R2019-1897)(Contract) with Omnicom Consulting Group, Inc. (Consultant)
in the amount of $455,090 for the West County Communications Tower Site
Replacement project. Summary: On December 17, 2019, the
Board of County Commissioners (BCC) approved the Contract with Consultant to
provide engineering and management services to upgrade, maintain, operate and
make modifications to the public safety radio system throughout the County on
an as needed basis. This item will authorize the professional services
necessary for the West County Communications Tower Site Replacement project.
CSA No. 10 authorized professional services necessary for the design of a
400-foot self-supporting tower, equipment shelter, communications compound and
emergency power systems for the West County Communications Tower Site
Replacement project. Under Supplement No. 1 to CSA No. 10, the Consultant will
provide professional services which include construction administration and
site migration phase support services necessary for the relocation of two (2)
County communication sites to the new 400 foot self-supporting tower and
equipment shelter for the West County Communications Tower Site Replacement
project. Work includes, but is not limited to, the construction procurement and
administration services, frequency migration and coordination propagation
studies, FCC licensing, antenna and lines design, equipment migration, Motorola
coverage studies, cut over of system, and demolition support of the existing
sites. The existing West County Communications Tower Site structure is leased,
no longer meets County standards for the public safety radio system, and
provides no certainty of critical communication operational continuity into the
future. This design will deliver a County-owned communications tower at the
West County Administrative Complex in unincorporated Belle Glade, in accordance
with the BCC and State approved Master Plan for the property, to serve the
western communities. This continuing contract was solicited pursuant to the
requirements of the Equal Business Opportunity (EBO) Ordinance. This continuing
contract was presented to the Goal Setting Committee (GSC) on May 1, 2019 and
the GSC established an Affirmative Procurement Initiative of a Small Business
Enterprise (SBE) Evaluation Preference for SBE prime respondents during
selection. No mandatory SBE subcontracting goal was applied by the GSC to this
continuing contract due to the specialized nature of the services to be
performed. To date, there is no SBE participation on the contract due to the
specialized nature of the services and no subconsultant opportunities. Funding
for this project is from the RR&I for 800 Mhz Sys. (Capital Improvements
Division) District 6 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
2. Staff recommends
motion to receive and file: the Roger Dean Chevrolet Stadium (RDCS)
Renovation Project (Project) development period report no. 7 (Development
Report No.7), for the period from July 22, 2024, through October 20, 2024, to
the Department of Economic Opportunity (DEO).
Summary: On August
22, 2023, the Board of County Commissioners (BCC) authorized the Mayor
(R2023-1105) to execute future Development Reports and annual reports as
required under the Spring Training Facility Funding Agreement (R2023-0367)
(State Funding Agreement). On March 14, 2023, the BCC approved the State
Funding Agreement with the DEO for the RDCS Renovation Project. The State
Funding Agreement provides $50,000,000 of State Funding under Section
288.11631, Florida Statutes, over a 25 year period for the RDCS Renovation
Project. Under the terms of the State
Funding Agreement, the County must furnish annual reports and, during the
development period, must submit periodic Development Reports every 90 days to
the DEO. The Development Reports detail the status of the RDCS Renovation
Project and the funds expended to date on the same. For the annual reports and the Development
Reports, the Mayor must certify that all information and documentation
contained in the reports are true and correct. In accordance with R2023-1105,
the Mayor executed the attached Development Report No. 7 on behalf of the BCC,
which was submitted to the DEO. This
executed document is now being submitted to the BCC as a receive and file
agenda item. (FDO ADMIN) District 1/Countywide (MWJ)
FEBRUARY
11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to receive and file:
A) Federal Emergency Management Agency’s (FEMA)
standard License/Use Agreement, allowing FEMA to use portions of the County’s
Loxahatchee Grove Park to establish a short-term Mobile Disaster Recovery
Center for the benefit of Palm Beach County residents impacted by Hurricane
Milton, at no cost to the County; and
B) FEMA’s standard
License/Use Agreement, allowing FEMA to use portions of the County’s Jupiter Farms Park to establish
a short term Mobile Disaster Recovery Center for the benefit of Palm Beach
County residents impacted by Hurricane Milton, at no cost to the County.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts, agreements, and grants must be
submitted by the initiating Department as a receive and file agenda item. The attached standard agreements have been
fully executed on behalf of the Board of County Commissioners (BCC) by the
County Administrator or designee, who in this case was the Director of the
Facilities Development and Operations Department. FEMA’s standard License/Use
Agreements were approved in accordance with R2022-1440, as approved by the BCC
on December 6, 2022. The executed documents are now being submitted to the BCC
as a receive and file agenda item. (FDO Admin) Countywide (MWJ)
FEBRUARY
11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends motion
to approve: First Amendment to the Amended and Restated Agreement (R2020-0157)
(Agreement) with the Town of Manalapan (Municipality), 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
February 11, 2025, through February 10, 2030.
Summary: The
Agreement, which provides the terms and conditions under which the Municipality
can program its radios and utilize the countywide common talk groups for
certain inter-agency communications, expired on February 10, 2025, and provided
for two (2) renewal options, each for a period of five (5) years. The
Municipality has approved the First Amendment to extend the term of the
Agreement to February 10, 2030, and the renewal now requires approval by the
Board of County Commissioners (BCC). The terms of the Agreement are standard
and have been offered to all municipalities and local branches of State/Federal
agencies with 800 MHz trunked radio capabilities. There are no charges
associated with the Agreement. The Municipality is required to pay all costs
associated with its subscriber units and to comply with established operating
procedures for the System. The Agreement may be terminated by either party,
with or without cause, upon ten (10) days’ 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)
FEBRUARY
11, 2025
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 (R2020-0156) (Agreement) with the Port of Palm Beach
(Participant) to extend the term of the Agreement for direct access to the
County’s Public Safety Radio System (System) from February 11, 2025, through
February 10, 2030, with annual revenue fees totaling $19,061.20 Summary:
The Agreement, which provides the terms and conditions under which the
Participant can directly access the System, expired on February 10, 2025, and
provided for two (2) renewal options, each for a period of five (5) years. The
Participant has approved the First Amendment to extend the term of the
Agreement to February 10, 2030, and the renewal now requires approval by the
Board of County Commissioners (BCC). The terms of this Agreement are standard
and have been offered to all municipalities and local branches of State/Federal
agencies where connection through an established municipal hub is not
technically feasible. The annual fees are consistent with those being charged
to County departments. In addition, the Participant is required to pay all
costs associated with the Participant’s subscriber units and to comply with the
established operating procedures for the County’s System. The Agreement may be
terminated by either party, with or without cause, on October 1st of any year,
with a minimum of six (6) 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. The annual fees for each unit
will be added to the Renewal and Replacement Fund, while the maintenance fees
will be added to the Maintenance and Operation Fund. (ESS) Countywide (MWJ)
FEBRUARY
11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve:
A) an annual contract with the following
contractor for electrical services on an as-needed basis through November 18,
2029; and
Contractor Status SBE
or Non-SBE
Protect
Video, Inc. Local S/MBE
B) Work Order No. 25-001 (Work Order) to the
annual electrical services contract with Protect Video, Inc. (Contractor) in
the amount of $109,165 for the Dyer Park-Light Fixture Replacement project for
a period of 60 calendar days from notice to proceed.
Summary: On November 19, 2024, the Board of County Commissioners approved the
annual electrical services contract (R2024-1567 through R2024-1568). The work
consists of electrical repairs, improvements and renovations to County-owned
properties on an as needed basis. The contractor now joins the list of two (2)
prequalified contractors for a total of three (3) prequalified contractors with
a contract expiration date of November 18, 2029. The specific requirements of
the work will be determined by individual work orders issued against this
annual electrical services contract. These contracts are five (5) year
indefinite-quantity contracts with a maximum cumulative value of $11,000,000
across all prequalified contractors. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual electrical
services contract before the term ends. Projects less than $150,000 are bid
among the pool of prequalified contractors. Projects $150,000 or greater are
advertised on the vendor self-service (VSS) website and are bid among the pool
of pre-qualified contractors while projects $200,000 or greater are additionally
advertised in the newspaper. The bidding pool is further expanded, for projects
$150,000 or greater, to include additional bidders responding to the specific
project advertisement that submit a qualification application at least ten (10)
calendar days before the bid due date. Actual Small/Minority/Women Owned
Business Enterprise participation will be tracked cumulatively for all work
orders issued. The Dyer Park-Light Fixture Replacement project consists of the
removal and replacement of the existing lighting with new light-emitting diode
(LED) lighting at Dyer Park (located at 7301 N. Haverhill Road, West Palm
Beach).
FEBRUARY
11, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. SUMMARY
(cont’d.): The Work Order authorizes the construction services necessary to furnish
all labor, equipment, devices, tools, materials, transportation, professional
services, supervision, drawings, permitting and all miscellaneous requirements
necessary to remove the existing high-pressure sodium lighting fixtures and
replace with seventy (70) new LED light fixtures and associated electrical
work. The new LED lighting will enhance public safety for all users of the
facility. 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 advertisement was posted on VSS and
issued under the provisions of the prior annual electrical services contract
(R2019-1756) which expired on November 18, 2024. The Contractor has agreed to
hold its offer under the new annual electrical services contract which
eliminates the need to re-advertise the project, thereby avoiding delays. The
Contractor will have 60 calendar days from notice to proceed to substantially
complete the project. Liquidated damages for failure to achieve certification
of substantial completion within the contract time or approved time extension
thereof are $120 per day. This Work Order was solicited pursuant to the annual
electrical services contract and the requirements of the Equal Business
Opportunity Ordinance. The annual electrical services contract was presented to
the Goal Setting Committee on May 15, 2024 and the Committee established
Affirmative Procurement Initiatives (APIs) of a sheltered market for projects
less than $100,000 (when three (3) or more small businesses are qualified under
the annual contract) or an Small Business Enterprise (SBE) contractor will be
given a price preference if its bid is within 10% of the lowest non-small
business bid for projects $100,000 or greater. However, on July 1, 2024,
certain statutory changes took effect which require that the sheltered market
for projects less than $100,000 API be removed. Therefore, the annual electrical
services contract will have an API of an SBE Price Preference where an SBE
contractor will be given a price preference if its bid is within 10% of the
lowest non-small business bid for each project. SBE participation on this Work
Order is 100%. To date, the Contractor’s overall SBE participation is 100%. To
date, the overall SBE participation on the annual electrical services contract
is 100%. Funding for this project is from the Infrastructure Sales Tax Fund.
(Capital Improvements) District 7 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING & ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to receive and file: Amendment 001 (Amendment) to the CDBG Capital
Improvements Agreement (Agreement) with the City of Greenacres (City)
(R2023-1461) for the Sanitary Sewer System Project (Project) to extend
the Project Completion Date, Agreement Performance Dates and Expiration Date to
allow the City additional time for Project completion and to request the final
Community Development Block Grant (CDBG) reimbursement from Palm Beach County
(County). SUMMARY: The Agreement provided $549,481 in funding for Phase 2 of
the improvements to the original section Sanitary Sewer System, located
within the City. Amendment 001 is
necessary to grant the City’s request to provide additional time to complete
the Project and to request reimbursement of 100% of the CDBG funded allocation. The Project Completion date has been extended
from November 30, 2024 to March 31, 2025. The date for the City to request 100%
reimbursement of CDBG funds has been extended from December 31, 2024 to April
30, 2025 and the Agreement Expiration Date to perform all activities has also
been extended from December 31, 2024 to April 30,
2025. This Amendment will
allow the City ample time to complete the Agreement performance requirements
and expend the CDBG funds. The Amendment has been executed on behalf of
the Board of County Commissioners by the Director of the Department of Housing
and Economic Development, in accordance with R2023-1013; dated July 11, 2023
that delegated authority to the County Administrator or designee to execute
forms, certifications, funding agreements, amendments thereto, and all other documents
necessary for implementation of the Palm Beach County Action Plan for
FY2023-2024, CDBG, HOME Investment Partnership and Emergency Solutions Grant
activities. County PPM CW-O-051 provides that all contracts, agreements
and grants signed with delegated authority must be submitted by the initiating
department as a receive and file agenda item.
These are Federal CDBG funds
which do not require a local match. District
3 (HJF)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to receive and file: Notice of Termination of the Economic Development Agreement (Agreement)
(R2024-1422) with Business Loan Fund of the Palm Beaches, Inc., (BLF) for the
Community Block Grant (CDBG) Program. SUMMARY:
On October 1, 2024, Palm Beach County (County) entered into an Agreement with
BLF to provide $80,000 in CDBG funds for economic development services. The County was made aware on December 3, 2024
that the BLF intends to dissolve the organization and will not be able to
provide the services under the Agreement.
To date, the County has not disbursed any of the $80,000 allocated under
FY2024-2025 to BLF and no repayment or reversion of assets obligation is
required by BLF. BLF was provided a
Notice of Termination in a letter dated December 3, 2024, whereby the County
terminated the Agreement with no further action required by BLF or the County.
The CDBG funds shall be reprogrammed for other eligible uses, and recommended
contracts will be placed on a future Board of County Commissioners agenda. Countywide
(HJF)
3. Staff recommends
motion to approve: an
Interlocal Cooperation Agreement (Agreement) with the City of Pahokee (City). SUMMARY:
To receive funding under the Federal Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG)
programs from the United States Department of Housing and Urban Development
(HUD), Palm Beach County (County) must requalify every three (3) years for
designation as an Urban County Program. The County’s current designation for
Program Years 2024-2027 was approved by the Board of County Commissioners (BCC)
on July 11, 2023 (R2023-0982 through R2023-1012). The City elected to opt out
of the Program beginning October 2024 in favor of pursuing CDBG funds from the
State of Florida. The City has now elected to rejoin the Program for the
remainder of Program period, from October 1, 2025 to September 30, 2027, and
has executed an interlocal agreement to do so. District 6 (HJF)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
4. Staff recommends
motion to receive and file: Amendment 001 (Amendment) to Loan Agreement
(Agreement) R2023-1305 with The Lord’s Place, Inc. (Borrower) to allow for
additional construction costs, revise the Advertising/Marketing requirements to
clarify Borrower’s obligation to the County, and to insert the Davis-Bacon and
Related Acts clause to the Agreement. SUMMARY: The
Borrower was provided $1,630,785 in
Community Development Block Grant – Coronavirus (CDBG-CV) funding toward the
acquisition and rehabilitation of a one (1) acre parcel of land which includes
an existing single family house and six (6) cottages located at Melaleuca Drive
in West Palm Beach (Project). This Project will provide permanent housing for
15 older adults experiencing homelessness and behavioral health conditions. Prior
to commencement of rehabilitation work, emergency repairs were determined to be
required on the premises and required the Borrower to enter into a separate
contract with a prime contractor. The Amendment allows for additional
construction costs for the construction of the unforeseen emergency repairs not
covered under the original construction contract. The Amendment also modifies
the Advertising/Marketing Requirements of the original contract, and compliance
with Davis-Bacon and Related Acts regulations. The original Agreement was received and filed by the Board of County
Commissioners (BCC) on September 19, 2023 in accordance with R2023-1305. The
Amendment was executed on November
25, 2024, on behalf of the BCC by
the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 5B-1 as
approved by the BCC on May 2, 2023 and which delegated authority to the County
Administrator or designee to execute agreements, amendments and all other
related documents necessary for project implementation. County PPM CW-O-051 provides that all contracts,
agreements and grants signed with delegated authority must be submitted by the
initiating department as a receive and file agenda item. These
are Federal CDBG-CV funds that do not require a local match. District
3 (HJF)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
5. Staff recommends
motion to adopt: A
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (BCC) OF PALM BEACH COUNTY,
FLORIDA AUTHORIZING THE ISSUANCE OF ONE (1) OR MORE SERIES OF PALM BEACH COUNTY
HEALTH FACILITIES RETIREMENT COMMUNITIES REVENUE BONDS, SERIES 2025 (ACTS
RETIREMENT-LIFE COMMUNITIES, INC. OBLIGATED GROUP), BY THE PALM BEACH COUNTY
HEALTH FACILITIES AUTHORITY (AUTHORITY) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $70,000,000 (BONDS) FOR THE PURPOSE OF FINANCING THE 2025 PROJECT AS
DESCRIBED THEREIN. SUMMARY: ACTS
Retirements-Life Communities, Inc., a Pennsylvania nonprofit corporation
(Borrower) has requested the Authority issue tax-exempt Revenue Bonds in an
amount not to exceed $70,000,000, pursuant to a Tax Equity and Fiscal
Responsibility Act public hearing held by the Authority on January 16, 2025.
The Bonds are to be issued by the Authority for the purpose of providing funds
to the Borrower to finance
one (1) or more of the following: (i) the current refunding, refinancing and/or
restructuring of all or a portion of one (1) or more lines of credit; (ii) the current refunding, refinancing and/or restructuring of the Pinellas
County Health Facilities Authority Health Care Facilities Refunding and Revenue
Bonds (Mease Life, Inc. Project) Series 2021 (collectively, the Bonds to be
Refunded); (iii) to finance one (1) or more new
projects at the following locations in Palm Beach County: (a) 6152 Verde Trail
North, Boca Raton, FL 33433-2430; (b) 6045 Verde Trail South, Boca Raton, FL
33433-4476; and (c) 23315 Blue Water Circle, Boca Raton, FL 33433-7053; and
(iv) the financing of
some or all of the costs of issuance of the Bonds, reserve funds (if any), and
capitalized interest (if any). All
facilities to be financed by the Bonds are owned and operated by the Borrower.
Approval by an elected body is required by the Internal Revenue Code to
maintain the tax-exempt status of the Bonds; however, adoption of this
Resolution does not in any way obligate the County. The County assumes no responsibility for
monitoring compliance by the Borrower of applicable federal income tax,
securities laws or other regulatory requirements. The Borrower understands and
agrees that it is responsible for monitoring its compliance with all applicable
federal income tax, securities laws and other regulatory requirements,
retaining adequate records of such compliance, and retaining qualified counsel
to respond to or assist the Authority and the County in responding to any
audit, examination or inquiry of the Internal Revenue Service (IRS), the
Securities and Exchange Commission or other regulatory body.
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
5. SUMMARY (cont’d.): The Borrower assumes responsibility for monitoring compliance with
applicable provisions of federal tax laws and U.S. Treasury Regulations
relative to the Bonds, and shall retain adequate records of such compliance
until at least three (3) years after the Bonds are retired. In the event of any audit, examination or
investigation by the IRS with respect to the tax-exempt status of the Bonds or
any other related tax matters, the Borrower shall be responsible for retaining
qualified counsel to respond to such audit. Neither the taxing power nor the faith
and credit of the County nor any County funds, shall be pledged to pay the
principal, premium, if any, or interest on the Bonds. District 4 (DB)
6. Staff recommends
motion to:
A) approve a retroactive Interlocal Agreement
(Agreement) with the Florida Atlantic Research and Development Authority
(FARDA), to provide assistance, related but not limited to, the evaluation of
economic development activities, including economic impact estimates, for a
period of five (5) years, effective December 23, 2024 through December 22, 2029; and
B)
authorize the County
Administrator, or designee, to execute the Agreement, amendments thereto, and
all other documents necessary for project implementation that do not
substantially change the scope of work, terms or conditions of the Agreement.
SUMMARY: This
Agreement is for the provision of economic development evaluation services,
such as economic impact estimate reports, as may be requested by FARDA, on an
as needed basis. Retroactive approval is requested due to the abbreviated
timeframe in which FARDA requires the economic impact estimate information to
be included in their Annual Report, which will be published in February 2025. District 7 (DB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
7. Staff recommends
motion to receive and file: Two (2) CDBG Capital Improvement
Agreements (Agreement) funded under Fiscal Years (FY)
2023-2024 and 2024-2025 Community Development Block Grant (CDBG) Program
with the Town of Lantana (Town), in the amount of
$99,952, for the period October 1, 2024 to December 31, 2025 for improvements at the Lantana Sports Complex (Complex):
A) Agreement in the amount of $49,500 under FY2023-2024, to procure
materials for the replacement of existing components and amenities to include,
but not limited to, installation of spectator benches, upgrading to netting and
turf of the batting cages, and new bleachers at basketball court within the
Complex; and
B) Agreement in the amount of $50,452 under FY2023-2024 and
FY2024-2025, to procure a general contractor responsible for the installation of
new shade structures over the bleachers at the basketball court, gate at soccer
field, park lighting and new fencing at the north side of the Complex.
SUMMARY: The Town’s FY2023-2024 allocation of $52,623 has
been combined with $47,329 of FY2024-2025 CDBG funds for a total allocation of $99,952 to be
utilized by the Town in two (2) Agreements towards
upgrades at the Complex, located at 903 N. 8th Street within the
Town. The Agreements have been executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Department of Housing and Economic
Development (DHED) in accordance with R2023-1013 as approved by the BCC on July
11, 2023 and R2024-0828 as approved by the BCC on
July 2, 2024, that delegated authority to the County Administrator or designee
to execute documents necessary for implementation of the Palm Beach
County Action Plans (Action Plans), CDBG, HOME Investment Partnership and
Emergency Solutions Grant activities. Palm Beach County (County) PPM CW-O-051
provides that all contracts, agreements and grants signed with delegated
authority must be submitted by the initiating department as a receive and file
agenda item. These are Federal CDBG funds which do not
require a local match. District 7 (HJF)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 6 to the
Consulting/Professional Services General Utility, Architectural and Value
Engineering Services (Contract) with Chen Moore and Associates, Inc.,
(Consultant) for professional engineering services for New Force Main Pipelines
along Lyons Road (Project) for a not to exceed amount of $282,492.68. Summary: On December 5, 2023, the Board of County
Commissioners (BCC) approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2023-1786) with Consultant. CSA No. 6 provides for
professional engineering services for the design, permitting and bidding
support associated with the construction of redundant 2-miles of force main
along Lyons Road between Yamato Road and Lake Worth Drainage District L-38
Canal. This Contract was presented to
the Goal Setting Committee (Committee) on April 5, 2023 and the Committee
established an Affirmative Procurement Initiative (API) of a minimum mandatory
20% Small Business Enterprise (SBE) subcontracting goal and up to 15 evaluation
preference points based upon the relative level of dollar participation by
African American (AA) owned firms.
Consultant committed to 31% SBE participation, which includes 23%
Minority Business Enterprise (MBE) participation, 23% MBE (AA). The SBE proposed participation for this CSA
No. 6 is 38.58%, which includes 12.21% MBE participation, 12.21% MBE (AA). To
date, the overall participation achieved on this Contract is 25.41% SBE
participation, which includes 25.41% MBE participation, 18.61% MBE (AA).
Consultant is a Palm Beach County based company. The Project is included in the
PBCWUD FY 2025 budget. (PBCWUD Project No. 24-028) District 5 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to approve: a Contract
for Professional Consulting Services for Water Treatment and Water Resource
Engineering Services (Water Contract) for a three (3) year term with
Kimley-Horn and Associates, Inc. (KHA). Summary:
The Water Contract will provide architecture, engineering, land surveying,
and geotechnical services for renewal, replacement, and expansion of Water
Treatment Facilities. The Water Contract was presented to the Goal Setting
Committee (Committee) on March 1, 2023, and the Committee established an Affirmative Procurement Initiative (API) of a
minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and
an evaluation preference for up to 15
points for participation by certified African American (AA) owned firms.
KHA has met the established API for this Contract. The Water Contract with KHA provides for 38.50% SBE
Participation which includes 14.50% MBE, 14.50% MBE (AA). KHA is
headquartered in Raleigh, North Carolina and maintains an office in Palm Beach
County from which the majority of the work will be undertaken. (PBCWUD Project
No. 23-019) Countywide (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to receive and file: Two (2) executed Standard
Potable Water and Wastewater Development Agreements for the month of October
2024, one (1) Change Order No. 3 with Johnson-Davis Incorporated, one (1)
Change Order No. 3 with Youngquist Brothers LLC, and two (2) grant applications
for Florida Department of Environmental Protection (FDEP) Resilient Florida
projects, which were submitted on September 1, 2024.
1. Standard Potable Water and Wastewater
Development Agreement with Posh Hospitality No 3, Congress Avenue LLC, SDA
#01-01283-000 (District 3), Recorded in OR BK 35342 PG 1410.
2. Standard Potable Water and Wastewater
Development Agreement with Zak Real Estate, LLC, SDA #02-01180-000 (District
6), Recorded in OR BK 35351 PG 1529.
3. Palm Beach County Water Utilities Department
(PBCWUD) Project No. 15-013 Change Order No. 3 to Water Main Improvements
(Contract) (R2022-0561) with Johnson-Davis Incorporated (Contractor) to extend
the Contract for an additional 90 day period.
4. PBCWUD Project No. 18-066 Change Order No. 3
to Water Treatment Plant No. 2 Treatment and Disposal Improvements Design
Package 2-Deep Injection Well (Contract) (R2022-0119) with Youngquist Brothers
LLC to extend the Contract for an additional 118 day period.
5. PBCWUD Project No. 19-035 Western Region
North Wastewater Treatment Facility and Wet Weather Improvements (WRNWWTF
Project) grant application for funding support of approximately $7,000,000.
6. Future Project
WRWWTF Electrical Building Replacement (WRWWTF Electrical) grant application
for funding support of approximately $20,000,000.
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Summary: In accordance with County PPM CW-O-051, all
delegated contracts/ agreements/grants/ procurement items must be submitted by
the initiating department as a receive and file agenda item and attached,
unless the documents have been recorded in the Public Records of Palm Beach
County. In addition, the change orders are being submitted for receipt and
filing in accordance with Countywide PPM CW-F-050 as the time extensions on the
projects have exceeded 180 days. The
Resilient Florida grant applications are being submitted for receipt and filing
in accordance with Countywide PPM CW-F-003 as they were executed under delegated
authority by the BCC on July 2, 2024. The documents have been fully executed
and recorded on behalf of the Board of County Commissioners (BCC) by the
Director of the Palm Beach County Water Utilities Department (PBCWUD) in
accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now
being submitted to the BCC to receive and file. Districts 3 & 6
(MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
4. Staff recommends
motion to approve:
A) Consultant Services Authorization (CSA) No. 1 to the
Consulting/Professional Services Capital Improvement Plan Program Management
Contract (Contract) with Parsons Environment & Infrastructure Group Inc.,
(Parsons) for the Capital Improvement Plan Program Management (Project) for a
not to exceed amount of $1,938,442.46; and
B) CSA No. 1 with CES Consultants, Inc., (CES) for the
Project for a not to exceed amount of $2,303,662.89.
Summary: On January 14, 2025,
the Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract with Parsons (R2025-0092) and CES
(R2025-0093). The Contract will
provide consulting/professional services to assist with the implementation of the PBCWUD 2025-2030 Capital Improvement
Plan (CIP). Under CSA No. 1 Parsons and CES will provide the resources needed
to support the implementation of CIP projects for one (1) year. Parsons and CES will provide services
throughout the project life cycle of water, wastewater and reclaimed water
treatment and transmission projects in the areas of delivery, controls,
permitting, communications, and asset management. This Contract was presented
to the Goal Setting Committee (Committee) on March 29, 2024, and the Committee
established an Affirmative Procurement
Initiative (API) of a minimum mandatory 20% Small Business Enterprise
(SBE) subcontracting goal and up to 15
evaluation points based upon the relative level of dollar participation by
certified African American (AA) owned firms. Parsons committed to 26% SBE participation, which includes 23% MBE
(AA). The SBE proposed participation for
CSA No. 1 with Parsons is 26.98%, which includes 26.98% MBE (AA). To date, the
overall participation achieved on this Contract is 26.98% SBE participation,
which 26.98% MBE (AA). While Parsons
is headquartered in Chantilly,
Virginia, most members of the project team will be co-located with
PBCWUD staff at the Central Region Operations Center (CROC) from which the
majority of the work required will be undertaken. CSA No. 1 for Parsons is
included in PBCWUD FY 2025 budget. (PBCWUD Project No. 25-009). CES committed to 32% SBE participation which
includes 29% MBE (AA). The SBE proposed
participation for CSA No. 1 with CES is 35.89%, which includes 31.42% MBE (AA).
To date, the overall participation achieved on this Contract is 35.89% SBE
participation, which includes 31.42% MBE (AA).
While CES is headquartered in Miami, Florida, most members of the
project team will be co-located with PBCWUD staff at the CROC from which the
majority of the work required will be undertaken. CSA No. 1 for CES is included
in PBCWUD FY 2025 budget. (PBCWUD Project No. 25-009) Countywide (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
5. Staff recommends
motion to:
A) authorize the Palm
Beach County Water Utilities Department (PBCWUD) to pursue funding from the
South Florida Water Management District’s (SFWMD) Cooperative Funding Program
for a grant amount estimated up to $10,000,000 for the Palm Beach-Broward
Interconnect Phase 2 South Reclaimed Water Transmission Pipeline and the Green
Cay Phase 2 project; and
B) delegate
authority to the County Administrator, or
her designee to sign all grant application forms and supporting
documents and complete all registration requirements, execute the forthcoming agreement and all future time extensions, task
assignments, certifications, and other forms associated with the forthcoming
agreement and any necessary minor amendments that do not substantially change
the scope of work, terms, or conditions of the forthcoming agreement.
Summary: SFWMD has allotted funds to assist local governments, public and private
water providers, and other entities with construction and/or implementation of
alternative water supply (AWS) or water conservation through its Cooperative
Funding Grant Program. AWS projects are associated with development of
nontraditional water sources and/or storage to meet current and future water
demands. This grant application is for Phase 2 of South County Reclaimed Water
Transmission Pipeline and Pump Station, which includes construction of
approximately 4 miles of 24-inch reclaimed pipeline connecting Phase 1A to
Phase 1B and Phase 1B to the Mandatory Reclaimed Water Service Area (MRWSA).
The project also includes a reclaimed water booster pump station to maintain
adequate pressure in the reclaimed water transmission system. This expansion of
PBCWUD’s reclaimed water system will deliver reclaimed water from the
interconnection point with Broward County at Hillsboro Canal to various
potential reclaim users in Southern Palm Beach County. The objectives of the PBCWUD Green
Cay Phase 2 Project are to produce purified water that will be conveyed
to the lakes at the Green Cay Phase 2 Park to replenish regional
groundwater, supporting PBCWUD’s strategic goals of becoming a sustainable and
best-in-class utility. This grant requires
a 50% match, which will be funded from a one-time expenditure from Water
Utilities user fees, connection fees and balance brought forward. District
5 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
6. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 1 to the
Consulting/Professional Services Water Treatment Plant No. 2 (WTP 2) Expansion
(Contract) with Kimley-Horn and Associates, Inc., (Consultant) for a not to
exceed amount of $1,871,577.77. Summary: On October 22, 2024, the Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract (R2024-1424) with the Consultant. CSA
No. 1 provides for the basis of design report which will include guidance,
conceptual plans and design criteria for the upgrades needed to WTP 2. The
report will address emerging contaminants, plant hardening, plant upgrades with
new membrane treatment system, new wellfields, and reliability and safety
improvements. On May 14, 2024, the BCC
approved the Drinking Water State Revolving Fund (DWSRF) Planning and Design
Loan Agreement (Agreement) DW5020C0 (R2024-0557) in the amount of $9,968,768 for
Planning and Design for the upgrades to Water Treatment Plant (WTP) Nos. 2, 3,
8 & 9 to remove perfluoroalkyl and polyfluoroalkyl substances (PFAS). Under
the Agreement, 100% of the awarded funding is considered as principal
forgiveness. This Contract was presented
to the Goal Setting Committee (Committee) on October 18, 2023 and the Committee
established an Affirmative Procurement Initiative (API) of a minimum mandatory
20% Small Business Enterprise (SBE) participation and up to 15 Evaluation
Preference Points for participation by certified Minority Business Enterprise
(MBE), African American (AA) owned firms.
Consultant committed to 38% SBE participation, which includes 16.50% MBE
(AA). The SBE proposed participation for
this CSA No. 1 is 37.78%, which
includes 21.58% MBE participation, 15.48% MBE (AA). To date, the overall
participation achieved on this Contract is 37.78%, which includes 21.58% MBE
participation, of which 15.48% MBE (AA). 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 FY 2025 budget. (PBCWUD Project No. 24-033) District 3 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
7. Staff recommends
motion to approve: Supplement No. 3 to Consultant Services Authorization
No. 3 (CSA 3) to the Consulting/Professional Services System-Wide Wellfield
Improvements Hydrogeologic Engineering Design and Construction Services
(Contract) with JLA Geosciences, Inc. (Consultant), for the System-Wide
Wellfield Improvement Phase 2 Construction Phase Services for a not to exceed
amount of $403,585.46. Summary: On April 2, 2019, the Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract (R2019-0439) with the Consultant. CSA
3 Supplement No. 3 provides for additional construction phase services for nine
(9) months for PBCWUD Water Treatment Plant Nos. 2 and 8. This supplement
aligns the construction phase services with the current construction duration
of the Wellfield Improvements Phase 2 (Project) for which the Consultant
oversees. The anticipated completion date for the Project is April 2025. The
Consultant will provide additional project management, construction oversight
and review requests for additional information and change orders for the
additional time duration requested. The
Contract was procured under the requirements for 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 under the 2002 Ordinance was 15% overall participation. The proposed SBE
participation for this CSA 3 Supplement No. 3 is 75.34%. To date, the overall
participation achieved on this project is 78.69%. The Consultant is a Palm
Beach County based company. The Project is included in the PBCWUD FY 2025
budget. (PBCWUD Project 19-022) District 2 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
8. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 5 to the
Consulting/Professional Services Utility Hydrogeologic Engineering Services
(Contract) with JLA Geosciences, Inc., (Consultant) for the Water Treatment
Plant (WTP) No. 3 Wellfield Improvements (Project) for a not to exceed amount
of $1,585,643.36. Summary: On December 5,
2023, the Board of County Commissioners (BCC) approved the Palm Beach County
Water Utilities Department (PBCWUD) Contract (R2023-1782) with Consultant. CSA No. 5 provides for design of the rehabilitation of two (2) production
wells (3W-15 and 3W-16), the reconstruction of seven (7) production wells
(3W-18, 3W-20, 3W-29, 3W-30, 3W-31, 3W-32, and 3W-33), and the replacement of
five (5) production wells (3W-4, 3W-7, 3W-8, 3W-9, and 3W-27). Three (3) of the production wells are vaulted
wells (below grade) and will include mechanical and electrical improvements and
be brought above grade (3W-8, 3W-9, and 3W-20).
This Contract was presented to the Goal Setting Committee (Committee) on
April 5, 2023 and the Committee established an Affirmative Procurement
Initiative (API) of a minimum
mandatory 20% Small Business Enterprise (SBE) subcontracting goal and up to 15 Evaluation Preference Points for participation
by certified Minority Business Enterprise (MBE), African American (AA) owned
firms. Consultant committed to 89% SBE
participation, which includes 1% MBE (AA) participation. The SBE proposed participation for this CSA 5
is 51.22%, which includes 7.60% MBE (AA).
To date, the overall participation achieved on this Contract is 56.40%
SBE participation, which includes 6.35% MBE (AA). Consultant is a Palm Beach County based
company. The Project is included in the
PBCWUD FY 2025 budget. (PBCWUD Project
No. 24-031) District 5 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
9. Staff recommends
motion to approve:
A) an Emergency Procurement for the Turnpike
Widening Belvedere Rd to North of Okeechobee Blvd FDOT #406-143-8 (Project);
and
B) an Emergency Work Order (WO) No. 12 to the 2022 Pipeline Continuing Construction Contract (Continuing Contract) with Johnson-Davis
Incorporated (Contractor) for the Project in the amount of $2,770,166.12.
Summary: On May 16, 2023, the
Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract (R2023-0675) with the Contractor.
Emergency WO No. 12 provides for the relocation of approximately 560 linear
feet of existing 30-inch water main under the Florida Turnpike (Turnpike) in
conflict with the Florida Department of Transportation (FDOT) road widening
project (Road Project). The Project includes the installation of 346 linear
feet of 48-inch steel casing under the Turnpike right-of-way by the Jack and
Bore method. The majority of the work under Emergency WO No. 12 was not
contained within the bid line items for the Continuing Contract and is greater
than the allowance for non-bid items, therefore the normal procurement process is not feasible. An emergency procurement is necessary
since the delay incident in bidding the work would be detrimental to the
interests of the County as there is insufficient time to complete a conventional
bid process without risking delays that could impact FDOT's overall schedule.
According to FDOT's projected timeline, PBCWUD is required to have the utility
construction completed by March 14, 2026, to avoid any disruptions in their
overall Road Project schedule. The failure to utilize the emergency process
would require the County to utilize and reimburse FDOT’s contractor for the
Project, resulting in a significant increase in relocation costs based on
FDOT’s estimate. The County has reviewed the value of the work contained in
Emergency WO No. 12 and is satisfied that the prices for the work not in bid
line items are reasonable and competitive.
The
Continuing Contract was presented to the Goal Setting Committee (Committee) on
September 7, 2022
and the
Committee established an Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small Business
Enterprise (SBE) subcontracting goal of which 5% shall be among certified
African American (AA) and/or Hispanic American (HA) owned firms.
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
9. SUMMARY
(cont’d.): Johnson-Davis
Incorporated committed to 20.83% SBE
participation, which includes 5.521% Minority Business Enterprises (MBE)
participation, 5.38% MBE (HA), and 0.13% MBE (AA). The SBE proposed
participation for this Emergency Work Order No. 12 is 31.17% SBE participation,
which includes 0% MBE participation. To date, the overall participation
achieved on this project is 23.29% SBE participation, which includes 0.20% MBE (AA)
participation. The Contractor is a Palm Beach County based company. The
Projects are included in the PBCWUD FY 2025 budget. (PBCWUD Project No. 24-007)
District 2 (MWJ)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A)
approve Contract for
Consulting/Professional Services between Palm Beach County and Inwater Research
Group (IRG) for sea turtle monitoring in an amount not-to-exceed $48,276.80,
commencing upon execution and terminating May 11, 2026;
B)
adopt a Resolution authorizing the Clerk of the Court to disburse $34,996 from
the Pollution Recovery Trust Fund to cover a portion of the costs associated
with the Contract;
C)
approve a Budget Transfer
of $34,996 from the Pollution Recovery Trust Fund Reserves to fund a portion of
the Contract; and
D)
authorize the County Administrator, or designee, to
sign all future time extensions, task assignments, certifications and other
forms associated with the Contract, and any necessary minor amendments that do
not substantially change the scope of work, terms or conditions of the Contract
including reducing the amount of hours worked and the Contract’s not-to-exceed
amount due to excusable weather delays.
SUMMARY: This
Contract provides for a continuation of monitoring and assessment of sea turtle
populations in the Lake Worth Lagoon (LWL) and Jupiter Inlet sites by IRG, a
not–for-profit corporation based in Martin County. IRG is an organization that focuses on
conservation efforts of key coastal species through unique in-water sampling
and data collection techniques. IRG
conducted the first ever in-water assessment of sea turtles in the LWL in 2005,
and has continued to assess populations and collect data utilized for
management strategies related to restoration and enhancement efforts within the
lagoon and adjacent waterways. The LWL
Management Plan recommends assessing sea turtle populations as a means of
evaluating the success of environmental restoration efforts and overall lagoon
health. The Contract will be funded by the County’s Pollution Recovery Trust
Fund and FDEP LWL Monitoring Project Grant LP50202 (R2024-0561). District 1 (SS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
2. Staff recommends
motion to:
A)
receive and file Florida
Inland Navigation District (FIND) Project Agreement Number PB-24-228
(Agreement) for an amount not to exceed $917,950 for design & permitting,
construction and monitoring of the South Lake Worth Inlet Sand Trap and Boat
Channel Dredging Project (Project), beginning upon execution of the Agreement
and terminating by September 30, 2026; and
B)
approve a Budget Amendment
of $917,950 in the Beach Improvement Fund to recognize the revenue from the
FIND Agreement No. PB-24-228, and a Transfer from Reserves of $2,191,391 for a
total of $3,109,341 in funding.
SUMMARY: On May 7, 2024 the Board of
County Commissioners (BCC) adopted a Resolution for Assistance (R2024-0464) in
support of a Waterways Assistance Program (WAP) Grant Application to fund up to
$917,950 for design, construction, and monitoring costs associated with the
Project, and authorized the County Administrator, or designee, to execute the
Agreement, to sign all future time extensions, and any other forms associated
with this Agreement. The County is providing a match in the amount of $5,756,900 representing an 86% cost-share
for the design and construction of the Project. Matching funds include
$3,565,509 within existing Florida Department of Environmental Protection
(FDEP) Grant Agreement No. 23PB5 (R2023-0519), with the remaining $2,191,391
provided by the County. The Agreement contains an
indemnification provision that differs from that adopted for use by the County
under PPM CW-F-049. There is no indemnification from FIND. The Risk Management
Department and County Attorney's Office have reviewed the requirements for this
grant and advised staff accordingly. Given that the County's liability is
limited to the statutory caps of Section 768.28, Florida Statutes, and taking
into consideration that FIND is providing grant funding to the County under
this Agreement, staff recommends Board approval. 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. District 4 (SS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
3. Staff recommends
motion to approve: Work Order No. 0780-02 to the Palm Beach County
(PBC) Dune and Beach Restoration Annual Construction Contract (Federalized),
Project No. 2024ERM01 (R2024-0780) with
Eastman Aggregate Enterprises, LLC (Eastman) at a cost not to exceed $1,275,612
providing for dune restoration services for the Coral Cove Dune Restoration
Project (Project) for a term of 30 days beginning upon Notice to Proceed. SUMMARY: The Board of County Commissioners (BCC)
approved the Contract with Eastman, a PBC company, on July 2, 2024.
Work Order No. 0780-02 provides for dune restoration within the Project
area, which has suffered continuing damage due to waves and prolonged severe
weather that started with the passing of Hurricane Milton. Restoration of the dune was most recently
completed in March 2024, but the area had been eroded to pre-restoration
conditions by recent wind and waves, leaving adjacent upland infrastructure and
a construction access easement utilized by the County for beach management
efforts, vulnerable to direct impacts. The Project will utilize a combination
of available project-specific and emergency response budget within the Beach
Improvement Fund, and will be submitted for consideration of supplemental
funding through Federal Emergency Management Agency (FEMA) and the Florida
Department of Environmental Protection (FDEP) Beach Management Funding
Assistance Program. The cost to the
County is $1,275,612 from the PBC Beach Improvement Fund. District 1 (YBH)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: a copy of municipal ordinance No.1053 of
the Village of Royal Palm Beach (Village), providing the Village’s consent to
its participation in the County’s Fire Rescue Municipal Services Taxing Unit
(MSTU) through December 31, 2034. SUMMARY: The County has provided
fire-rescue services to the Village as part of the MSTU since 2005. The Village
adopted Ordinance No. 983 to consent to its participation in the MSTU through
December 31, 2024 to fund fire-rescue services provided by the County through
7:30 a.m. on October 1, 2025. Ordinance No.1053 provides consent through
December 31, 2034 to fund fire-rescue services by the County through 7:30 a.m.
on October 1, 2035. Village Ordinance No. 1053 is now being submitted to the
Board of County Commissioners (BCC) as a receive and file agenda item. Countywide (SB)
2. Staff recommends
motion to receive and file: a Public Emergency Medical Transportation
(PEMT) Letter of Agreement (LOA) with the State of Florida, Agency for Health
Care Administration (AHCA) relating to intergovernmental transfers to the State
of Florida for the supplemental payment program for Medicaid managed care
patients for State Fiscal Year (SFY) 2024-2025. Summary: In the fall of 2019, AHCA established the
Florida Medicaid Managed Care Supplemental Payment Program (MCO), which allows
qualifying government-owned ambulance providers to receive supplemental
payments for emergency transports of Medicaid managed care patients. In order
to guarantee Federal share funding, intergovernmental transfers (IGT) from PEMT
providers are required to cover the State’s share of the MCO. The County’s IGT
for SFY 2024-2025 is $2,695,710, and the County is expected to receive
$6,293,976 in supplemental payments, for an estimated net revenue of
$3,598,266. The Board of County Commissioners (BCC) delegated authority
(R2019-1462) to the County Administrator or designee to execute LOAs with the
State of Florida relating to IGTs for the PEMT program; and the County
Administrator has designated the Fire Rescue Administrator to execute such
LOAs. Pursuant to Countywide PPM CW-O-051 this LOA is being submitted as a
receive and file agenda item. Countywide (SB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
3. Staff recommends
motion to:
A)
authorize the Mayor to
execute three (3) Certificate of Correction of Non-Ad Valorem Assessment Roll
(DR-409A) forms for the Municipal Service Benefit Unit for Fire Hydrant
Maintenance and Rental – Boca Raton (Hydrant MSBU-Boca), to correct the Non-Ad
Valorem Assessment levied to the Lake Worth Drainage District from $23 to $0 on
each of the three (3) parcels; and
B) delegate authority to the County
Administrator, or designee, to accept, approve, execute and/or submit, on
County’s behalf, Certificate of Correction of Non-Ad Valorem Assessment
Roll (DR-409A) forms for the Hydrant
MSBU-Boca, and for the Municipal Service Benefit Unit for Fire Hydrant
Maintenance and Rental – Riviera Beach that do not substantially change the
scope of work, term, or conditions of the documents.
Summary:
Three (3) Certificate of Correction of Non-Ad Valorem Assessment Roll forms
were submitted by the Lake Worth Drainage District to correct the Non-Ad
Valorem tax roll for the tax year 2024 Hydrant MSBU-Boca, which was certified
by the Board of County Commissioners (BCC) on August 20, 2024. To correct the
error on the Non-Ad Valorem Assessment roll, the County must sign the DR-0409A
forms and submit to the Tax Collector. Countywide (SB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (cont’d.)
4. Staff recommends
motion to:
A) ratify
a
FY 2024 Assistance to Firefighters Grant (AFG) application electronically
submitted to the U.S. Department of Homeland Security (DHS) Federal Emergency
Management Agency (FEMA) on December 20, 2024, requesting $725,455 to fund 90%
of the purchase of a 480 Liquid CO2 Extractor machine for a term of 24 months
from the date of the award;
B)
ratify the designation of
the County Administrator, or designee, to act as the County’s representative
for the purpose of electronically signing and submitting the FY 2024 AFG grant
application, including Assurances and Certifications via the DHS FEMA website;
and
C) authorize
the
County Administrator, or designee to accept, approve, execute and submit, electronically or
otherwise, on the County’s behalf the grant award, representations,
certifications, acknowledgments, assurances, standard forms and documents,
reimbursement requests, amendments, time frame changes, and other necessary
documents, that do not substantially change the general scope of work, terms
and conditions of the grant.
SUMMARY: This grant application requests $725,455
from DHS FEMA for the purchase of a 480 Liquid CO2 Extractor machine. The total
project cost identified in the grant application is $798,000. The required
match for this grant is $72,545 (10% of the federal share). If awarded, the
grant will provide funding for the purchase of a 480 Liquid CO2 Extractor
machine, which will help reduce the risk of cancer to Fire Rescue’s 1,618
firefighters by cleaning firefighter bunker gear after a fire and removing 99%
of the ten (10) target contaminants. The AFG Program requires submission of
grant applications by electronic format in order to assure an efficient review
and competitive scoring of all funding requests submitted under this program.
The deadline for submission of this grant application to the grantor agency was
5:00 p.m. on December 20, 2024. The emergency signature process was utilized
due to insufficient time to submit the application through the regular agenda
item process. Pursuant to Section 309.00 of the Palm Beach County
Administrative Code, the Mayor approved this grant application and designated
the County Administrator or designee to electronically sign the grant
application online, which now must be ratified by the Board of County
Commissioners (BCC). The grant application includes certifications of
compliance with required assurances and certifications, as stated in the application
and related program guidance. Countywide (SB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: the Fourth Amendment to the Interlocal Agreement
(IA) (R2020-1834) with the City of Greenacres to provide additional phone
services and upgrade network services.
This Fourth Amendment to the IA will generate an increase in annual
revenue of $13,920 to the County from $23,640 to $37,560 for telephone services
and network services. Summary:
The City of Greenacres has an existing IA with Palm Beach County
(R2020-1834 as amended by R2022-0213 and R2023-0957) for network and telephone
services. The City of Greenacres has requested 11 additional telephone lines to
their current 117 phone lines of basic telephone service, for a total of 128
phone lines. Additionally, Greenacres is upgrading their network services at
City Hall, Community Center and Fire Rescue Headquarters from 50 MBPS to 250
MBPS. The Florida LambdaRail LLC has
approved connection of the HCD to the Florida LambdaRail network. District 3
(DB)
2. Staff recommends
motion to approve:
A)
the First Amendment to the
Interlocal Agreement (IA) (R2023-0207) with the Health Care District of Palm
Beach County (HCD) to modify service locations, increase bandwidth, and the
removal of a rack for colocation. The
amendment will increase annual revenue to the County by $2,160, bringing the
total from $129,240 to $131,400 for network and colocation services; and
B) a Budget
Amendment of $13,767 in the General Fund to allocate funds and recognize
revenue related to one-time installation costs.
Summary: The HCD has an
existing IA with Palm Beach County (R2023-0207) for network and colocation
services. HCD requested this First
Amendment to include increasing bandwidth from 10Mb to 50Mb at the West Palm
Beach Health Center, the Delray Beach Health Center, the Jupiter Clinic, and
the Lewis Center. It also includes the removal of one (1) rack for colocation,
adding the Atlantis Clinic as a new service location, and removing the JFK
Medical Center North Campus location. These updates will result in a total of
16 network service locations and five (5) equipment racks. The Florida
LambdaRail LLC has approved the connection of the HCD to the Florida LambdaRail
network. Countywide (DB)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file notice of termination of Agreement
R2023-0960 (Agreement) with the Port of Palm Beach District (Port) to provide
Vehicle for Hire (VFH) licensing services through April 30, 2024 with automatic
one-year renewals up to seven (7) years; and
B) approve the termination of Agreement R2023-0960
with the Port, effective February 25, 2025.
Summary: The Public Safety
Department Division of Consumer Affairs (PSD) administers the VFH Ordinance,
which includes licensing and enforcement.
To simplify and expedite the permitting process, an agreement was
executed at the Port’s request, authorizing PSD to issue permits on the Port’s
behalf, enabling VFH access to the Port. The Agreement had an automatic annual
renewal on April 30th for up to seven (7) years, unless either party gave written notice of
its intent not to renew no fewer than 30 days prior to the renewal date. Approximately
25 permits were processed by PSD annually.
On October 25, 2024, the Port formally requested that PSD stop
issuing permits to transportation companies seeking access to the Port. The
Port decided to contract exclusively with a single transportation company for
on-site services. The Agreement does not permit the Port to terminate unless
the County fails to meet its obligations; however, Palm Beach County may
terminate without cause upon ten (10) business days written notice to the Port.
PSD cannot terminate the agreement without the approval of the Palm Beach
County Board of County Commissioners (BCC). As such, the agreement will be
terminated pursuant to approval by the BCC, effective on February 25,
2025. Countywide (RS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
A) approve a contract for consulting/professional
services with Rebel Recovery Florida Inc (Rebel Recovery) in the amount of
$161,975 to provide peer support services for Family Treatment Court for the
period retroactive to October 1, 2024 through September 30, 2027; and
B) authorize the County Administrator or designee to
execute future contracts, amendments and administrative documents associated
with the above contracts, on behalf of the Board of County Commissioners, after
approval or legal sufficiency by the County Attorney’s Office and within
budgeted allocations that do not substantially change the scope of work, terms
or conditions of the agreement.
Summary: Palm
Beach County’s Department of Public Safety, Division of Justice Services
contracts with providers to coordinate peer support services to those in the
Fifteenth Judicial Circuit’s Drug Court programs. This contract will provide peer support
services to participants in the Family Treatment Court. Contracts are awarded through a competitive
process and ensure that the County meets the needs for participants referred by
Family Treatment Court. Peer support
services include budgeting and financial planning, transportation assistance,
service coordination, life skills development, employment assistance, and
coordination of sober supports, peer mentoring, establishing goals/success
planning, and other supports as needed. Court Administration previously contracted
with Rebel Recovery to provide services to the Family Treatment Court through a
federal grant administered by the State Office of Court Administration (OSCA).
OSCA’s federal grant ended on October 1, 2024.
The court did not want a disruption in these critical services, so they
requested that this contract be retroactive. Rebel Recovery agreed to continue
providing the services while the contract negotiations were in process. This first time contract is funded
through ad valorem funds. Countywide (RS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to receive & file: Grant Modification #4 with the Office of
National Drug Control Policy (ONDCP) to extend the grant period through
February 28, 2025. Summary: On April 4, 2023, the Board of County
Commissioners (BCC) accepted a grant award on behalf of the Palm Beach County
Sheriff’s Office (PBSO) from ONDCP,
in the amount of $105,154 for the period of January 1, 2023 through December
31, 2024 (R2023-0444). These grant funds provide overtime support for the Palm
Beach County Narcotics Task Force (PBCNTF). On November 21, 2023, the BCC
accepted Modification #1, which provided $18,791.23 in supplemental funds
(R2023-1727). On January 24, 2024, the
BCC accepted Modification #2, which provided $29,124.50 in supplemental funds
(R2024-0091). On June 4, 2024, the BCC
accepted Modification #3, which provided $25,000 in supplemental funds
(R2024-0649). The total grant award is
$178,069.73. This agenda item will extend the grant period from December 31,
2024 to February 28, 2025. There is no
match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA)
number is 95.001 and the contract number is G23MI0011A. Countywide (RS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
2. Staff recommends
motion to approve: a
Budget Transfer of $507,000 from the Law Enforcement Trust Fund (LETF) to the
Palm Beach County Sheriff’s Office (PBSO). Summary: Section 932.7055(5), Florida Statutes; provides that the seizing
agency shall use Forfeiture proceeds for school resource officer, crime
prevention, safe neighborhood, drug abuse education and prevention programs, or
for other law enforcement purposes, which include defraying the cost of
protracted or complex investigations, providing additional equipment or
expertise, purchasing automated external defibrillators, and providing matching
grant funds. Section 932.7055(5), Florida
Statutes, also requires that no less than 25% of the LETF’s previous year’s
revenues be used for the support or operation of drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood and school
resource officer programs of various non-profit organizations. The PBSO’s FY
2025 donation requirement is $515,236. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The year-to-date transfer for all donations to
outside organizations after approval of this item is $507,000. The funds requested are to aid PBSO and
qualified organizations that meet the requirements set forth in Section 932.7055(5), Florida Statutes.
Use of LETF requires approval by the Board of County Commissioners (BCC), upon
request of the Sheriff. The current
State LETF balance is $4,100,390. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $3,593,390. The PBSO certifies that the use of these funds is in accordance
with Section 932.7055(5), Florida
Statutes. Below is a table indicating
the organizations the PBSO seeks to fund and the corresponding amount of
funding proposed per respective organization or agency. No new positions are needed and no additional
County funds are required. Countywide
(RS)
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
2. SUMMARY (cont’d.):
ORGANIZATION |
AMOUNT |
Anti-Defamation
League, Inc. |
$30,000 |
Best
Foot Forward Foundation, Inc. |
$5,000 |
Center
for Child Counseling, Inc. |
$15,000 |
Children's
Case Management Organization, Inc. |
$9,000 |
Elizabeth
Faulk Foundation, Inc. |
$25,000 |
Faith,
Hope, Love, Charity, Inc. |
$25,000 |
Faith's
Place Center for Arts Education, Inc. |
$50,000 |
First
Tee – Palm Beaches |
$10,000 |
Florida
Outreach for the Blind, Inc. |
$5,000 |
Gulf
Stream Council of the Boy Scouts of America, Inc. |
$50,000 |
Gulfstream
Goodwill Industries, Inc. |
$50,000 |
Hanley
Center Foundation, Inc. |
$30,000 |
The
Homeless Coalition of Palm Beach County, Inc. |
$35,000 |
Lake
Worth West Resident Planning Group, Inc. |
$25,000 |
New
Hope Charities, Inc. |
$25,000 |
Palm
Beach Area Tennis Patrons, Inc. |
$25,000 |
Palm
Beach County PAL, Inc. - Summer Basketball Program |
$25,000 |
Palm
Beach County PAL, Inc. - Youth Summit |
$15,000 |
Place
of Hope, Inc. |
$25,000 |
Safety
Council of Palm Beach County, Inc. |
$3,000 |
Student
Aces for Leadership |
$10,000 |
Sunset
House, Inc. |
$15,000 |
|
|
Total Amount |
$507,000 |
FEBRUARY 11, 2025
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed Palm Beach County FY 2025, Category “G” Grant
Agreement managed by the Palm Beach County Sports
Commission, Inc. (Sports Commission), on behalf of the Palm Beach County
Tourist Development Council (TDC) with Youth National
Championship, LLC for the promotion of Battle Youth
National Championship held December 1 – 8, 2024, for the grant term of
August 1, 2024 – March 8, 2025. This
grantee was approved by the TDC on June 13, 2024, in the amount of $120,000. Summary: In accordance with County PPM CW-O-051, all delegated
contracts, agreements, and grants must be submitted by the initiating
Department as a receive and file agenda item.
On June 7, 1994, the Board of County Commissioners (BCC) adopted
Resolution R94-702, as amended, authorizing the County Administrator and/or the
Executive Director of the TDC to enter into grant agreements with Category “G”
(Sports) grantees after they have been approved by the TDC. Room nights
generated for Youth National Championship, LLC/
Battle Youth National Championship
were 13,824. Countywide (YBH)
* * * * * * * * * * * *
FEBRUARY 11, 2025
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. HOUSING & ECONOMIC DEVELOPMENT
1. Staff recommends
motion to adopt: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE
PARCELS LOCATED AT 9302 AND 9400 SOUTH MILITARY TRAIL, WITHIN UNINCORPORATED
PALM BEACH COUNTY, FLORIDA, FURTHER IDENTIFIED BY PARCEL CONTROL NUMBERS
00-42-45-24-03-000-5851, 00-42-45-24-03-000-5852 AND 00-42-45-24-12-001-0010,
AS A BROWNFIELD AREA PURSUANT TO FLORIDA STATUTES §376.80(2)(c), WHICH SHALL
HEREAFTER BE KNOWN AS THE CYPRESS CREEK GREEN REUSE AREA, FOR THE PURPOSE OF
REHABILITATION, CREATION OF RECREATION AREA, AND PROMOTING ECONOMIC
DEVELOPMENT; and PROVIDING FOR AN EFFECTIVE DATE. SUMMARY: On October 22, 2024, the Board of County Commissioners (BCC) approved
two (2) motions to allow for a Brownfield Area designation of the Cypress Creek
Green Reuse Area (Subject Site): 1) A waiver of the statutory requirement by a
super majority vote (five (5) votes) that one (1) of two (2) public hearings be
held after 5:00 p.m.; and, 2) The advertising of public hearings on Tuesday,
December 3, 2024 at 9:30 a.m., and Tuesday, January 14, 2025 at 9:30 a.m. On
November 26, 2024, County Administration provided notice that the December 3,
2024 meeting had been canceled; therefore in order to meet the amended
advertising requirements, this item was re-scheduled for first reading on
January 14, 2025, and was approved by the BCC.
On August 29, 2024, Toll Brothers, Inc. (Toll Bros.), as contract
purchaser, and the owner, True Shot, LLC, (collectively the Applicant) submitted
an application to the Department of Housing and Economic Development to
designate the Subject Site as a Brownfield Area. This designation requires two
(2) public hearings, one (1) of which must be held after 5:00 p.m. per Florida
Statutes §125.66 (cross-referenced in Florida Statutes §376.80), unless the
BCC, by a super majority vote, elects to conduct that hearing at another time
of day, which the BCC authorized on October 22, 2024. The Subject Site consists
of a closed golf course, clubhouse and accessory facilities, which the Applicant
indicates is impacted by arsenic in the soil and groundwater. The rezoning of
the 122.53-acre Subject Site was approved by the BCC at the July 17, 2024
Zoning Hearing (R-2024-0864), to allow for the development of 152 single-family
dwelling units. The Applicant is seeking a Brownfield Area designation under
Florida’s Brownfields Redevelopment Act, prior to redevelopment of the Subject
Site with 152 single-family dwelling units, a 1.79-acre recreation area, a
2.45-acre Civic Pod, five (5) lakes and several open space areas. No County funds
for implementation are required. District
2 (DB)
FEBRUARY 11, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PUBLIC SAFETY
1. Staff
recommends motion to:
A) approve the following Secondary
Provider Emergency Medical Service (EMS) Certificates of Public Convenience and
Necessity (COPCNs) for the period February 11, 2025 through June 30, 2027 that
met the EMS Ordinance application requirements, were recommended by the EMS
Advisory Council, and based on staff’s review met the need for the proposed
service:
1. MCT
Express, Inc. d/b/a All County Ambulance (All County Ambulance) - Service area
all of Palm Beach County; and
2. National Health Transport, Inc. - Service
area all of Palm Beach County
B) deny the following
Secondary Provider EMS COPCNs for the period February 11, 2025 through June 30,
2027 that met the EMS Ordinance application requirements, were recommended by
the EMS Advisory Council, but based on staff’s review did not meet the need for
the proposed service:
1. Positive
Mobility Inc. d/b/a Elite Medical Response (Elite Medical Response) – Service
area all of Palm Beach County; and
2. Palms
West Hospital Limited Partnership d/b/a HCA Florida Palms West (HCA Florida
Palms West) – Service area is limited to HCA Florida Palms West patients
needing transports between HCA Florida Palms West and other medical facilities.
C) deny the following
Secondary Provider EMS COPCN for the period February 11, 2025 through June 30,
2027 that met the EMS Ordinance application requirements but was not
recommended by the EMS Advisory Council and based on staff’s review did not
meet the need for the proposed service:
1. E-Care
Ambulance, Inc. (E-Care Ambulance) – Service area all of Palm Beach County; and
D) deny the following Secondary Provider EMS COPCN for the
period February 11, 2025 through June 30, 2027 that did not meet the EMS
Ordinance application requirements, was not recommended by the EMS Advisory
Council and did not meet the need for the proposed service:
1. Rapid Response Medical Transportation, LLC
d/b/a Rapid Response Ambulance d/b/a Rapid Response EMS (Rapid Response Medical
Transportation) – Service area all of Palm Beach County.
FEBRUARY 11, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PUBLIC SAFETY (cont’d.)
1. Summary: In
accordance with Palm Beach County Code, Chapter 13, Article II, EMS Ordinance,
any agency desiring to provide secondary Advanced Life Support (ALS) transport
services and ALS/Basic Life Support (BLS) Inter-facility transfer services must
submit an application to the County and meet the requirements for issuance of a
COPCN. Applications for Secondary
Provider COPCNs are issued every six (6) years for a six (6)-year term. On June 15, 2021 the Board of County
Commissioners (BCC) approved issuance of Secondary Provider COPCNs to AMR and
Medics (owned by the same parent company), and the Health Care District, which
expire June 30, 2027. On October 22,
2024 the BCC voted to amend the EMS Ordinance and directed staff to open and
accept applications for additional Secondary Provider COPCNs. Six (6) applications for additional Secondary
Provider COPCNs were received. The EMS
Ordinance Administrator’s (staff) responsibilities include reviewing the
applications for compliance with the EMS Ordinance application requirements,
consideration of the need for the proposed service in the requested area, and
preparing a report with recommendations for the EMS Council. Consideration of the need for the proposed
service was primarily based on proposed start date of services, years of
experience, established presence in comparable sized counties as it relates to
Palm Beach County’s population, volume of EMS runs, and dedicated resources to
Palm Beach County. Furthermore, this process was intended for an immediate need
for additional providers and therefore staff’s consideration for the need
focused on companies who can step in and make an immediate impact. As a result,
staff recommendations were the following:
1) approval of Secondary
Provider COPCNs to All County Ambulance and National Health Transport; and 2) denial of Secondary Provider COPCNs
to E-Care Ambulance, Elite Medical Response, HCA Florida Palms West, and Rapid
Response Medical Transportation due to not finding compelling evidence to
address the immediate need for the proposed service. Furthermore, Rapid
Response Medical Transportation failed to meet the EMS Ordinance application
requirements, which also supports denial of its application. On January 16, 2025, the EMS Council reviewed
the staff report on all six (6) applications and heard oral presentations from
each company. There were 15 Council members present; of which 13 Council
members voted and two (2) Council members abstained.
FEBRUARY 11, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PUBLIC SAFETY (cont’d.)
1. SUMMARY (cont’d.): The EMS Council’s recommendation was the
following:
The EMS Council recommends approval of four (4) Secondary Provider COPCN
applications to the BCC with the votes as follows:
|
Company |
Yes |
No |
1. |
All County Ambulance |
13 |
0 |
2. |
National Health Transport |
13 |
0 |
3. |
Elite Medical Response |
11 |
2 |
4. |
HCA Florida Palms West |
9 |
4 |
The EMS Council recommends denial of two (2) Secondary Provider COPCN
applications to the BCC with the votes as follows:
|
Company |
Yes |
No |
1. |
E-Care
Ambulance |
1 |
12 |
2. |
Rapid
Response Medical Transportation |
0 |
13 |
Pursuant to the EMS Ordinance, the BCC receives the recommendation of
staff, recommendation of the EMS Council, and other relevant information to
determine whether the public convenience and necessity of the residents of the
County would be best served by approving or denying such applications. The BCC also considers whether the applicants
have the ability to provide the necessary service and makes a finding and
determines which companies will serve the area requested. Countywide (SB)
* * * * * * * * * * * *
FEBRUARY 11, 2025
5. REGULAR
AGENDA
A. AIRPORTS
1. Staff recommends
motion to approve: Amendment No. 14 (Amendment) to the Contract
for Consulting/Professional Services (Agreement) with RS&H, Inc.
(RS&H), in the amount of $3,776,679.50 to provide supplemental services for
a previously approved task related to the Concourse B Expansion (Project) at
the Palm Beach International Airport (PBI).
Summary: The Agreement with RS&H was approved by
the Board of County Commissioners (BCC) on May 7, 2019 (R2019-0612) in the
amount of $2,004,570.58. Amendment No. 1 through Amendment No. 13 increased the
contract amount by $15,208,255.88 and provided planning, design and
construction phases services, including, but not limited to, services for the
following projects at PBI: Escalator Replacement, new Parking Revenue Control
Building, new ARFF Building, Concourse B Expansion, Switchgear Replacement, and
Elevator Replacement. A detailed Contract History is included in Attachment
1. Approval of this Amendment will
increase the amount of the Agreement by $3,776,679.50 for a total contract
amount of $20,989,475.96. While the term of the Agreement has expired, it
authorizes amendments to be issued after its expiration for any supplemental
services needed to complete a task authorized prior to the expiration of the
Agreement. The Agreement authorized Task I-21-PBI-R-023 for the design and
preparation of construction documents by RS&H for the Project. Amendment No. 14 provides Construction
Administration and Partial Resident Project Representative (RPR) Services for
the final phase of the Project, which are required to complete the
Project. RS&H is a Jacksonville,
Florida based firm; however, the majority of the work will be managed through
its Fort Lauderdale, Florida office. RS&H, Inc. committed to 23%
Disadvantaged Business Enterprise (DBE) participation for the Agreement. The
DBE participation for this Amendment is 11.76%. The cumulative DBE
participation to date, including this Amendment, is 26.2%. Countywide (AH)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
B. INTERGOVERNMENTAL AFFAIRS
1. Staff recommends
motion to adopt: The proposed 2025 Federal Legislative
Agenda. Summary: Staff requests Board approval of the
2025 Federal Legislative Agenda, which outlines issues the County’s
Intergovernmental Affairs Office and federal lobbyists are working on for the
119th Congress. The agenda addresses legislative matters,
grant-funding opportunities, and general issues to support and monitor. New
agenda items include Presidential protection reimbursement, Travel Flight
Restrictions affecting county airports and CR 880 reconstruction funding. Countywide
(SS)
C. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: an Assignment of claims from Palm Beach County to
the Hunt Construction Group, Inc. (Hunt), related to County-issued purchase
orders to Daikin Applied Americas, Inc. (Daikin) and Hawaii Drillers, Inc.
d/b/a Coastal Netting Systems (Coastal) for the acquisition of materials
incorporated in the construction of the Ballpark of the Palm Beaches (BPPB). Summary:
On August18, 2015, the County entered into the Developer Agreement
(R2015-1071) with HW Spring Training Complex, LLC (HW) to develop the BPPB, as
later amended on September 22, 2015 (R2015-1258). A First Restated Developer
Agreement (FRDA) (R2015-1522) was approved by the Board of County Commissioners
(BCC) on October 20, 2015. Under the provisions of the FRDA, HW, in
coordination with the County, was to implement a Sales Tax Recovery Program
whereby materials were to be identified for direct purchase by the County
resulting in savings of the applicable sales tax. The County issued purchase orders to Daikin
and Coastal under the provisions of the aforementioned Sales Tax Recovery
Program. In June 2024, HW filed a lawsuit against Hunt for breach of contract
and professional negligence arising out of the construction of the BPPB. The
County is not a party to the lawsuit. In the context of the lawsuit, in
November 2024, Hunt approached staff to request the assignment of any and all
claims that may result from the purchase orders issued to Daikin and Coastal.
The Washington Nationals Baseball Club, L.L.C. (Nationals) and the Houston
Astros, L.L.C. (Astros) are the two teams that formed HW; staff has confirmed
with both that neither objects to the Assignment of claims. Under the terms of
the Assignment, Hunt is indemnifying the County against all claims and
liability arising as a result of the County’s assignment of the purchase orders
to Hunt. (FDO Admin) District 7
(MWJ)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT &
OPERATIONS (cont’d.)
2. Staff recommends
motion to approve:
A) a Deposit Receipt and Contract for Sale and
Purchase agreement with True Gospel Holiness Christian Center Inc. (True
Gospel), a Florida not-for-profit corporation, for the sale of approximately
5,320 square feet of retail space located at 361 W. Avenue A in Belle Glade (Property) at a purchase price of
$250,000; and
B) a County Deed in favor of True Gospel Holiness Christian Center Inc.
Summary: In March 2012, the
Property was acquired by American Sound through the County’s Department of
Housing & Economic Development (HED) Section 108 Business Loan Program,
funded through the U.S. Department of Housing and Urban Development (HUD).
Given that HUD funds were utilized for the acquisition, Palm Beach County was
required to hold the first lien on the Property, which served as collateral for
HUD. The County acquired the Property on December 9, 2020, via certificate of
sale. The Property is being sold to repay HUD due to non-repayment of the loan.
The parcel is zoned B-1- Central Business District (04-Belle Glade). In August
2024, staff issued Invitation for Bids No. 2024-103-DML (IFB) to sell the
Property. Staff obtained an appraisal
which valued the Property at $213,000, which value was established as the
required minimum bid. Only one bid was received from True Gospel. The Property
will be conveyed for a purchase price of $250,000, with no warranty or
representation of any nature, including without any limitation relating to
access or the Bidder’s ability to use the Property for any intended purpose. This conveyance must be approved by a
Supermajority Vote (5 Commissioners). (Property
and Real Estate Management) District 6 (HJF)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT &
OPERATIONS (cont’d.)
3. Staff recommends
motion to conceptually approve: the non-binding summary of material terms
(Term Sheet) for the proposed developer agreement (Developer Agreement) and new
room block agreement (RBA) between CityPlace Hotel, LLC (CPL) and Palm Beach
County (County), for the design, development, permitting, construction,
operation and maintenance of a branded hotel at the Palm Beach County
Convention Center (Convention Center). Summary: In September 2020, the
Palm Beach County Tourist Development Council received the final report of the
Palm Beach County Convention Center District Expansion Study (Expansion Study)
it had commissioned. The Expansion Study
was prepared by Conventions, Sports and Leisure International, and identified
as a priority the addition of committable hotel rooms (optimally 600) in order
to sustain and expand the Convention Center’s marketability and support its
future expansion. In October 2023, the County advertised Request for Proposals
No. 2024-101-ARQ for the design, development, permitting, construction,
operation and maintenance of a branded hotel at the Convention Center. This new
hotel is commonly referred to as the Convention Center “Second Hotel” given the
existing room block agreement for the Convention Center Hilton Hotel. The RFP: established as a goal the attainment
of 600 committable rooms; identified three (3) County-owned sites for
development; allowed for private sites to be proposed; and offered in exchange
leveraging of the County’s parking infrastructure (i.e., the Convention Center
Parking Garage). Three (3) proposals were received, two (2) of which were
deemed non-responsive due to failure to provide the required letter of intent
from a surety company or financial institution.
The remaining proposal, submitted by CPL, was deemed responsive and
proceeded to evaluation by the selection committee. The selection committee met
in April 2024 and recommended award to CPL subject to the negotiation of four
(4) conditions: 1) the number of leased parking spaces within the Convention
Center Parking Garage and the resulting financial proposal; 2) that a new room
block agreement be established to govern room holds for the Hilton Hotel and
the Second Hotel; 3) that the County retain its ability to build additional
rooms on the County-owned sites at the Convention Center; and 4) that all
community outreach efforts were to be handled by CPL. The Director of the
County’s Facilities Development and Operations (FDO) Department served as the
sole negotiator, with negotiations coming to a close in January 2025.
FEBRUARY 11, 2025
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT &
OPERATIONS (cont’d.)
3. SUMMARY (cont’d.): The Term Sheet
reflects the negotiated material terms. Staff is
recommending approval, but notes that in considering
staff’s recommendation the Board of County Commissioners (BCC) should take into
account three (3) key policy matters as further explained in this
agenda item: 1) the financial impact due to the need to take remedial action on
the tax-exempt bonds issued for construction of the Parking Garage; 2) the
release of the Garage Easement that currently burdens the land on which CPL
proposes to build the Second Hotel; and 3) the County’s ability to develop
additional rooms in light of the timeline for development requested by CPL.
Should the BCC approve the Term Sheet, staff will work with CPL towards
attainment of a Developer Agreement and a new RBA that can be brought back for
consideration and approval by the BCC in the coming months. Staff notes
that attaining an RBA that fully delivers on the County’s operational needs
will be essential to ensuring the success of this initiative and to support the
continued profitability of the Convention Center. (FDO Admin) Countywide/District
2 (MWJ)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
D. COOPERATIVE EXTENSION SERVICE
1. Staff recommends
motion to approve: Resolution
repealing and replacing Resolution R2014-0303; Providing for Recitals; Providing
for Repeal of Resolution R2014-0303; Providing for Creation of the Agricultural
Enhancement Council; Providing for Purpose and Duties; Providing for
Membership; Providing for Term; Providing for Eliminating Term Limits;
Providing for Meetings; Providing for Attendance at Meetings; Providing for
Compliance with the Palm Beach Code of Ethics; Providing for Powers; Providing
for Fiscal Responsibility; Providing for Administration; Providing for
Consultants and Specialists; Providing for Travel Reimbursement; Providing for
Compliance with Uniform Policy for Advisory Boards and Commissions; Providing
for Severability; and Providing for an Effective Date. Summary:
At the May 23, 2024 Zoning Meeting of the
Palm Beach County Board of County Commissioners (BCC), the BCC directed staff
to revise the Agriculture Enhancement Council (AEC) Resolution to increase the
membership of the AEC by adding two (2) new seats and to remove the cap on term
limits for members serving on the committee. This Resolution repeals and replaces
Resolution R2014-0303, increases the number of AEC members from nine (9) to 11
members in order to more equitably represent agricultural interests in Palm
Beach County, and includes the elimination of term limit requirements
established by Resolution 2013-0193 in recognition of historic difficulties
encountered when recruiting qualified members to fill vacant AEC seats. The two (2) new members will be: 1) a representative from the small farming
community (less than 50 acres in size, outside of the Everglades Agricultural
Area and Agricultural Reserve) recommended by the Palm Beach County Extension
Department; and 2) a representative from
the agritourism sector recommended by the Palm Beach County Farm Bureau. Countywide
(AH)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
E. HOUSING & ECONOMIC DEVELOPMENT
1. Staff recommends
motion to approve:
A)
Community Development Block
Grant (CDBG) allocation of $420,000 to the Community Services Department (CSD)
for the Facilities Development and Operations Department (FDO) to undertake the
rehabilitation of the Senator Philip D. Lewis Homeless Resource Center
(Project);
B) a
Budget Transfer of $420,000 in the Housing and Economic Sustainability Fund;
and
C) a Budget Amendment of $420,000 in the
Capital Outlay Fund to recognize the transfer from the Housing and Economic
Sustainability Fund.
SUMMARY: On January
23, 2024 (Agenda Item #6C-1), the Board of County Commissioners (BCC) approved
a Community Development Block Grant Coronavirus (CDBG-CV) award of $452,000 to
FDO to undertake rehabilitation of the Project located at 1000 45th
Street, West Palm Beach for the CSD. On March 14, 2023 (R2023-0273), the BCC
ratified a successful application from CSD to the United States Department of
Housing and Urban Development (HUD) FY2022 Community Project
Funding/Congressional Directed Spending (Representative Lois Frankel) that
resulted in a $1,000,000 award for the Project. The rehabilitation will result
in a medical respite facility (Facility) that will provide eight (8) to 12 beds
for people experiencing homelessness or HIV/AIDS who are too ill or frail to
recover independently from a physical illness or injury, but not ill enough to
be in a hospital. The Facility will also include a clinic, nurses’ station,
private exam rooms, treatment rooms and a pharmacy which will allow for the
provision of medical services to the Project’s residents and homeless. The Health Care District will provide nursing
and site staff including a pharmacist to oversee services. Due to unforeseen
costs relating to the required fire suppression system, additional funding is
required for the Project. The total cost of the Project is $1,882,622. The
additional CDBG allocation of $420,000 will provide the balance of funding
needed to allow FDO to move forward with the rehabilitation. These are
Federal CDBG grant funds which require no local match. Countywide (HJF)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
E. HOUSING & ECONOMIC DEVELOPMENT (cont’d.)
2. Staff recommends
motion to approve: the
4th Amendment (Amendment) to Palm Beach County’s (County) State Housing
Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for
Fiscal Years (FY) 2022/2023, 2023/2024, and 2024/2025. SUMMARY: On December 19, 2024, the
Commission on Affordable Housing (CAH) adopted its 2024 Affordable Housing
Incentives Review and Recommendations Report (Report), including ten (10)
recommendations addressing 11 affordable housing incentive areas identified in
Section 420.9076(4), Florida Statutes. The recommendations were developed
through a process that included input from community and industry stakeholders,
as well as, consultation with the Department of Housing and Economic
Development (DHED), the Department of Planning, Zoning and Building, the
Engineering and Public Works Department, the Property and Real Estate
Management Division, and County Administration. Staff supports seven (7) of the
CAH recommendations in the areas of expedited approvals, infrastructure
capacity, street requirements, the applicable provisions of the Housing for All
countywide housing plan, inventory of public lands, transportation oriented
development, and flexible zoning. Staff partially supports three (3)
recommendations related to fee waivers, accessory dwelling units, and parking
requirements. In regards to fee waivers, staff does not support deferral of
impact fee collection or the suspension of fees associated with the Transfer of
Development Rights. Staff does not
support separate electrical metering of accessory dwelling units. Staff does
not support reduced parking requirements by right. A summary of the CAH
recommendations as well as staff comments is included as Attachment 1. The
report is provided as Attachment 2. The
Board of County Commissioners (BCC) has the sole authority to approve the LHAP,
amendments thereto, and the housing incentives contained therein. Staff
recommends that the BCC approve the proposed Amendment to the County’s SHIP
Program LHAP, Attachment 1, incorporating the staff supported CAH
recommendations into the descriptions of affordable housing incentives which
the County implements. The approved Amendment will be sent to the Florida
Housing Finance Corporation by the March 19, 2025 deadline. Countywide
(HJF)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
E. HOUSING & ECONOMIC DEVELOPMENT (cont’d.)
3. Staff recommends
motion to:
A) deny Housing Bond Loan Program (HBLP) funding in the amount of $4,719,882
for Residences at Marina Village, LLC;
B) approve Housing Initiatives Program (HIP) funding in the amount of $4,719,882
to Residences at Marina Village, LLC;
C) authorize the County Administrator, or designee, to execute the loan agreement,
amendments thereto, and all other documents necessary for project
implementation that do not substantially change the scope of work, terms or
conditions of the agreement; and
D) approve a Budget Transfer of $4,719,882 within the HIP Funds to recognize the
allocation of HIP Funds to the Residences of Marina Village, LLC project.
SUMMARY: At the May 7, 2024
Board of County Commissioners (BCC) meeting, the BCC conceptually approved HBLP
funding in the amount $4,719,882 for Residences at Marina Village project
(Project) and transmission to Palm Beach County’s (County) third-party
underwriter. The Department of Housing and Economic Development (DHED) prepared
a comprehensive term sheet based on the recommendations of the underwriting
report and submitted the term sheet for approval by Marina Village. Marina Village did not accept the terms as
defined because they have secured a State Apartment Incentive Loan (SAIL), and
as part of the SAIL requirements, all subordinate loans are not permitted to
have required debt service payments. At the December 10, 2024 BCC Meeting,
staff recommended denial of the HBLP funds for the Project due to the
developer’s inability to comply with the HBLP loan terms. The BCC deferred the
denial of the HBLP funding structure and directed staff to bring back the item
for consideration using HIP funding. The Project consists of construction of
149 multifamily housing units with 119 County-Assisted units. The units are
restricted to seven (7) units at or below 60% Area Median Income (AMI) ($64,260
for a household of four (4)); 23 units at or below 80% AMI ($85,650 for a
household of four (4)); four (4) units at or below 90% AMI ($96,368 for a
household of four (4)); 19 units at or below 100% AMI ($107,085 for a household
of four (4)), and 66 units at or below 110% AMI ($117,803 for a family of four
(4)). The total project cost is $67,500,520 with a County HIP investment of
$4,719,882, for a per unit cost of $39,662 or 6.99%.
FEBRUARY 11, 2025
5. REGULAR
AGENDA
E. HOUSING & ECONOMIC DEVELOPMENT (cont’d.)
3. SUMMARY (cont’d.):
Funding Sources |
|
M&T |
$26,635,000 |
FHFC/SAIL |
$15,400,000 |
Housing Initiatives Program |
$ 4,719,882 |
City of Riviera Beach |
$ 1,500,000 |
PRH Investments |
$ 1,500,000 |
Truist |
$ 8,992,516 |
Residences at Marina Village Developer LLC |
$ 8,823,122 |
Total Development Cost |
$67,500,520 |
Based on the preliminary third-party underwriter’s report, staff has negotiated
final terms and conditions for BCC consideration. If awarded HIP, County
funding will be provided in the form of a repayable loan at 1% Interest in
accordance with the approved allocation process for developers. The agreement and related documents pursuant
to these HIP funds will be between County and Residences at Marina Village
LLC., a for-profit company (and its respective successors and/or assigns). The loan shall be secured by a mortgage and note
that require repayment of principal and interest within 20 years. All
County-Assisted Housing units will remain affordable for no less than 60 years.
Affordability restrictions will be recorded through Declarations of Restrictive
Covenants which shall survive the repayment of the loan for the duration of the
affordability period. The final
third-party underwriter’s report will be provided to DHED 30 days prior to loan
closing and, as long as the report is consistent with the preliminary report,
staff will prepare the loan agreement and other related documents. To
facilitate project implementation, staff requests authorization for the County
Administrator, or designee, to execute the loan agreement and all related
documents for this project. District 7 (HJF)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
F. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to adopt: a Resolution encouraging municipalities,
stakeholders, interested state agencies, and other taxing authorities to engage
in a collaborative effort with each other for the successful development and
adoption of a Countywide Transportation Master Plan (CTMP). Summary: On July 17, 2024, The
Board selected the multimodal fees as its preferred funding system and directed
County staff to coordinate with representatives from the 39 municipalities in
the development and release of a Request for Proposal (RFP) to receive
proposals from transportation professionals for the development of a CTMP. Additionally, the BCC supported County
Administrator Baker’s recommendation to present the concept of a CTMP RFP to
the Palm Beach County City Managers Association (PBCCMA) at their upcoming
meetings for input and gave direction for staff to develop an RFP by September
2024. As part of the RFP development
process, Planning, Zoning and Building staff have been working with the
Department of Engineering and Public Works, Office of Equal Business
Opportunity and Purchasing Departments as well as ad hoc multi-jurisdictional
groups, including the PBCCMA, Intergovernmental Coordination Program Issues
Forum and Intergovernmental Executive Committee, to obtain input for the RFP
Scope of Services since the CTMP may be used as a foundation for PBC and
municipalities within the County to separately adopt and/or update their
specific plan of improvements. Each jurisdiction may be able to select
appropriate recommendations that fit the needs of each unique community while
coordinating regionally significant transportation corridors through the
recommended framework. Ultimately, each plan of improvement adopted by each
jurisdiction may lead to a plan-based improvement methodology as set forth and
specifically referenced in Florida State Statutes. The RFP was released
on December 12, 2024. Once a Consultant of national/international repute, with
experience and capabilities in creating such plan is chosen, it will work with
County staff and a core technical group of stakeholders regularly in the
development of the CTMP. As part of the process, presentations to all
stakeholders at key project milestones will be held in various geographical
locations within Palm Beach County (PBC). The Consultant will be tasked with
providing a methodology to build consensus through engagement with multiple
public, private, and civic stakeholders and utilizing emerging technologies to
develop an innovative CTMP to be considered and approved by the Board of County
Commissioners (BCC). Countywide (DWL)
FEBRUARY 11, 2025
5. REGULAR
AGENDA
G. FIRE RESCUE
1. Staff recommends
motion to approve: a Memorandum of Agreement (MOA) for use to
contract with Affiliated Personnel in anticipation of being designated by the
State of Florida as a Florida Urban Search and Rescue (USAR) Task Force. Summary: Palm Beach County Fire Rescue is
anticipating being designated as a Florida USAR. To operate as a Type 3 USAR
MOAs must be in place prior to contracting with qualified Affiliated Personnel. The MOA sets forth the
terms of the agreement and descriptions of each of the Affiliated Personnel for
the role Structure Specialist, Canine Search Specialist and Medical Team
Manager. This MOA will be used for qualified Affiliated Personnel selected to
join the Palm Beach County Fire Rescue USAR.
Countywide (SB)
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FEBRUARY 11, 2025
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 11, 2025
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
FEBRUARY 11, 2025
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER JOEL G. FLORES
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER BOBBY POWELL JR.
FEBRUARY 11, 2025
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
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