April 8, 2025
8:00 am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
APRIL 8, 2025
PAGE ITEM
6 5A-5 *REVISED / TABLE OF CONTENTS / Preliminary reading and permission to
advertise for public hearing Ordinance repealing amending
an in-person quorum standard.
42 5A3 *REVISED
SUMMARY / Summary: The County Administrator notified
the
Board of County Commissioners (BCC) of her upcoming retirement effective
May 31, 2025. On March 1118,
2025, the BCC approved a timeline and procedures for the Recruitment and
Retention of a County Administrator. On March 27, 2025, the BCC amended the
timeline and procedures. Staff respectfully requests the BCC’s approval
of the Resolution to establish the CATF to serve in the capacity as outlined in
the Resolution. If approved, the CATF will assemble for training and operate
under Florida’s Sunshine Law, Palm Beach County Code of Ethics, and the
County’s Advisory Board Guidelines outlined in Resolution No. 2013-0193. Pursuant to the BCC’s timeline and
procedures, staff has completed the first step by posting the advertisement for
a County Administrator and as the number of qualified candidates
currently exceeds five (5), the requirement to establish the CATF to reduce the
number of candidates has been activated. Countywide (DO)
43 5A4 *REVISED
SUMMARY / Summary: The County Administrator notified
the
Board of County Commissioners (BCC) of her upcoming retirement effective
May 31, 2025. On March 1118,
2025, the BCC approved a timeline and procedures for the Recruitment and
Retention of a County Administrator. On March 27, 2025, the BCC amended the
timeline and procedures. As part of the amended timeline and procedures, Staff
respectfully requested the BCC’s approval of a Resolution establishing the CATF
in companion item 5A3. Pending the BCC approval of the Resolution, the CATF
will move forward with the required training and operate under Florida’s
Sunshine Law, Palm Beach County Code of Ethics, and the County’s Advisory Board
Guidelines outlined in Resolution No. 2013-0193. Countywide (DO)
45 5B1 *DELETED – pulled for further staff review.
(AIRPORTS)
50 5C2 *DELETED
– pulled for further staff review. (HED)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
* * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 8, 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 8 - 36)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 37 -
41)
5. REGULAR
AGENDA (Pages 42 - 56)
6. BOARD
APPOINTMENTS (Page 57)
7. STAFF
COMMENTS (Page 58)
8. BCC
COMMENTS (Page 59)
9. ADJOURNMENT (Page 60)
* * * * * * * * * * *
APRIL 8, 2025
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Resolution
declaring the acquisition of property designated as Parcel 102 as fee simple
right-of-way and Parcel 302 as a temporary construction easement necessary for
construction of intersection improvements at Okeechobee Blvd. and Haverhill Rd.
Page 9
3C-2 Resolutions
declaring the acquisition of properties as temporary construction easements,
necessary for the construction of roadway improvements.
3C-3 Work
Order 2024050-32 with M&M Asphalt Maintenance, Inc. to mill and resurface
the northbound lanes of Seminole Pratt Whitney Road.
Page 10
3C-4 Work
Order 2024050-7 with M&M Asphalt Maintenance, Inc. to mill and resurface
Congress Avenue.
Page 11
3C-5 Work
Order 2023055-9 with Johnson-Davis Incorporated for storm drainage repairs
within the Whispering Trails Subdivision.
F. AIRPORTS
Page 12
3F-1 Amendment No. 5 with Ricondo &
Associates, Inc. for the provision of professional consulting services for the
Department of Airports.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Second
Amendment with RSM US LLP exercising a final two (2) years renewal for audit
services.
APRIL 8, 2025
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Development
Period Report No. 8 for the Roger Dean Chevrolet Stadium Renovation Project.
Page 15
3H-2 First
Amendment with the City of West Palm Beach
and Palm Beach State College to extend the term of the Interoperable
Radio Communications Agreement.
Page 16
3H-3 Interlocal
Agreement with the Miami-Dade County allowing for Interoperable Communications.
3H-4 First Amendment with Rural/Metro Fire
Department, Inc. to extend the term of the Interoperable Communications
Agreement.
Page 17
3H-5 Lease
Agreement with the Village of Palm Springs for the continued use of Fire Rescue
Station No. 39.
Page 18 - 19
3H-6 Annual
Contracts with multiple contractors for general minor construction services.
Page 20 - 21
3H-7 Annual
Contracts with multiple contractors for electrical services; and Work Order
25-004 with Miller Electric Company for work on the West County Courthouse.
Page 22
3H-8 Work
Order 25-004 with Advanced Roofing, Inc. for the Eagle Academy Chiller
Replacement project.
Page 23
3H-9 Amendment
No. 3 with Lebolo Construction Management, Inc. to establish Guaranteed Maximum
Price for the Palm Tran Main Facility Parking Lot Improvements project.
Page 24 - 25
3H-10 Amendment
to the Infrastructure Sales Tax Project Plan to increase the budget for PBSO
Detention Facilities Phase 3-5 project.
I. HOUSING & ECONOMIC DEVELOPMENT
Page 26
3I-1 Notice of Termination of the CDBG Capital
Improvement Agreement with Mental Health America of the Palm Beaches, Inc.
3I-2 Certificate for the Pahokee Housing
Authority in connection with the Five-Year/Annual Plan.
APRIL 8, 2025
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING & ECONOMIC DEVELOPMENT
Page 27
3I-3 Budget Amendment to recognize funding
increases to the SHIP Program.
Page 28
3I-4 Budget Transfer and Budget Amendment for
the rehabilitation project for a medical respite facility.
K. WATER UTILITIES
Page 29
3K-1 Work
Order No. 13 with Johnson-Davis Incorporated for the Pipeline Priority Aerial
Canal Crossing Improvement Phase 3 project.
3K-2 Full
Release of Utility Easement for the easement originally recorded.
Page 30
3K-3 Standard
Potable Water and Wastewater Development Agreement and Standard Reclaimed Water
Service Agreement.
Page 31
3K-4 Consultant
Services Authorization No. 2 with Keshavarz & Associates, Inc. for
Engineering Services during construction for Belle Glade Water Main
Improvements.
M. PARKS & RECREATION
Page 32
3M-1 Recreation Facility Rental Agreement with the
Young Men’s Christian Association of Palm Beaches, Inc. for the use of the
swimming pool at the Club Managers Association of American Therapeutic
Recreation Complex.
P. COOPERATIVE EXTENSION SERVICE
Page 32
3P-1 Grant
Agreement with the Western Palm Beach County Farm Bureau, Inc. for the 2025
Palm Beach County Sweet Corn Fiesta.
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 First
Amendment with Seacoast Utility Authority to extend the term.
3U-2 First
Amendment with the Town of Palm Beach to increase the network services
bandwidth.
APRIL 8, 2025
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 33
3X-1 Memorandum
of Agreement with FEMA to facilitate the exchange of emergency messages using
the Interoperable Systems for Emergency Networks.
Page 34
3X-2 Extension
to Memorandum of Agreement with the City of Miami for the UASI extending the
grant period.
AA. PALM TRAN
Page 35
3AA-1 Resolution approving Public Transportation
Grant Agreement for the purchase of up to three (3) commuter-style buses for
the Port St. Lucie Express Regional Transit Pilot Program.
CC. TOURIST DEVELOPMENT COUNCIL
Page 36
3CC-1 Executed Category “G” Grant Agreements with
Eastern Exposure Hockey Group, LLC and Touche Tournament Management Team, Inc.
PUBLIC HEARINGS – 9:30 A.M.
A. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 37
4A-1 Ordinance for the repeal of the
infrastructure surtax.
B. PALM TRAN
Page 38
4B-1 Palm Tran Connection Program guidelines to
differentiate Paratransit Complementary Palm Tran Connection per ADA.
C. HOUSING & ECONOMIC DEVELOPMENT
Page 39 - 41
4C-1 Application of Provident Group – PBAU
Properties II LLC for the issuance of PBC Industrial Development Revenue Bond;
conduct a Tax Equity & Fiscal Responsibility Act Public Hearing; and adopt
a Resolution approving the issuance of the bond.
APRIL 8, 2025
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 42
5A-1 Resolution
amending the Rules of Procedure incorporated in PBC Administrative Code.
5A-2 Resolution updating the uniform policies and
procedures for PBC Advisory Boards/Committees.
5A-3 Resolution establishing the County
Administrator Task Force.
Page 43
5A-4 Primary
and Alternate Members appointed to the County Administrator Task Force.
5A-5 Preliminary
reading and permission to advertise for public hearing Ordinance repealing
amending an in-person quorum standard.
Page 44
5A-6 Request
direction for Unsheltered Residents, Housing Development Strategic Priorities,
and For-Sale Housing Bond Loan Program.
B.
AIRPORTS
Page 45 - 46
5B-1 Food,
Beverage and Retail Concession Agreement with Host Hudson, LLC for the
development and operation at PBI.
Page 47 - 48
5B-2 Food,
Beverage and Retail Concession Agreement with Paradies Lagardere @ PBI, LLC for
the development and operation at PBI.
C.
HOUSING & ECONOMIC DEVELOPMENT
Page 49
5C-1 Resolution
approving the issuance bonds to implement the Single Family Homeowner Revenue
Bond Program.
Page 50 - 51
5C-2 HIP
funding to Legacy at 45th Street, LLC.
Page 52
5C-3 Resolution
approving the Local Housing Assistance Plan (LHAP).
D.
ENGINEERING & PUBLIC WORKS
Page 53 - 54
5D-1 Preliminary
reading and permission to advertise for public hearing Ordinance amending six
(6) cent local option fuel tax; and approve Interlocal Agreements.
APRIL 8, 2025
TABLE OF CONTENTS
REGULAR AGENDA
E. FACILITIES DEVELOMENT & OPERATIONS
Page 55
5E-1 Lease Agreement with MG Congress, LLC for a
portion of property for Palm Tran connection paratransit operations.
F.
INTERGOVERNMENTAL AFFAIRS
Page 56
5F-1 Mid-Session Legislative update.
BOARD
APPOINTMENTS (Page 57)
STAFF
COMMENTS (Page 58)
BCC COMMENTS (Page 59)
ADJOURNMENT (Page 60)
APRIL 8, 2025
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
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: a Resolution declaring the acquisition
of property designated as Parcel 102 as fee simple right-of-way and property
designated as Parcel 302 as a temporary construction easement, necessary for
the construction of intersection improvements at Okeechobee Boulevard and
Haverhill Road (Project). SUMMARY: Adoption
of the Resolution will initiate eminent domain proceedings pursuant to Chapters
73, 74, 127, and Section 337.27, Florida
Statutes, as amended, against
two (2) parcels having a total appraised value of $51,022. The parcels are
necessary to construct an exclusive northbound right turn lane on Haverhill
Road, extend the existing dual northbound left turn lanes on Haverhill Road,
remove the southbound left turn lane to Pineaire Lane, and provide a southbound
u-turn at Pine Cone Lane. The property owners have not accepted the offers to purchase made by Palm Beach County
(County) and attempts to negotiate the purchases have been unsuccessful. Eminent domain proceedings are necessary to
acquire the parcels at this time in order to expedite construction of the
Project. This Project is included in the Five-Year Road Program. District
2 (DO)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to adopt: eight (8) Resolutions declaring the
acquisition of properties designated as Parcels 113, 114, 115, 116, 117, 118,
119 and 120 as fee simple right-of-way and properties designated as Parcels
315, 316, 317, 318, 319 and 320 as temporary construction easements, necessary
for the construction of roadway improvements on Old Dixie Highway from Yamato
Road to south of Linton Boulevard (Project).
SUMMARY: Adoption of these Resolutions will initiate
eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section
337.27, Florida Statutes, as
amended, against 14 parcels having a
total appraised value of $285,000. The parcels are necessary to
construct a center turn lane, curb and gutter, sidewalks, additional drainage,
bridge replacement, drainage retention ponds, and traffic signals for the
Project. The property owners have not
accepted the offers to purchase made by Palm Beach County (County) and attempts
to negotiate the purchases have been unsuccessful. Eminent domain proceedings
are necessary to acquire the parcels at this time in order to expedite
construction of the Project. This Project is included in the Five-Year Road
Program. District 4 (DO)
3. Staff recommends
motion to approve: Work
Order 2024050-32 in the amount of $1,245,000 to mill and resurface the
northbound lanes of Seminole Pratt Whitney Road from Southern Boulevard to
Sycamore Drive utilizing Palm Beach County’s (County) annual asphalt milling
and resurfacing contract R2024-0746 (Contract) with M&M Asphalt
Maintenance, Inc. d/b/a All County Paving (M&M). SUMMARY: Per County PPM CW-F-050, this
work order exceeds the $300,000 threshold for staff approvals of work orders to
annual contracts, thus requiring approval from the Board of County
Commissioners (BCC). Approval of this
work order will allow the contractual services necessary to mill and resurface
four (4) miles of the northbound two (2) lanes of Seminole Pratt Whitney Road.
This Contract is one (1) of three (3) contracts with an available cumulative
total of $70,000,000 for the annual asphalt milling and resurfacing program.
Prior to this meeting date, approximately $12,000,000 of the $70,000,000
M&M Contract that was approved on July 2, 2024, has been spent or
encumbered. This Contract was presented to the Goal Setting Committee on
December 16, 2023 and the Committee established an Affirmative Procurement
Initiative (API) of a 10% minimum mandatory Small Business Enterprise (SBE)
participation. The proposed SBE participation for this work order is 12.10%. To
date, the overall SBE participation achieved on this Contract is 7.70%. The budget for the improvements
includes striping and marking costs of $120,000 bringing the total fiscal
impact to $1,365,000. District 6 (YBH)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
4. Staff recommends
motion to approve: Work
Order 2024050-7 in the amount of $2,971,000 to mill and resurface Congress
Avenue from Clint Moore Road to Lake Ida Road utilizing Palm Beach County’s
(County) annual asphalt milling and resurfacing contract R2024-0746 (Contract)
with M&M Asphalt Maintenance, Inc. d/b/a All County Paving (M&M). SUMMARY: Per County PPM CW-F-050, this
work order exceeds the $300,000 threshold for staff approvals of work orders to
annual contracts, thus requiring approval from the Board of County
Commissioners (BCC). Approval of this
work order will allow the contractual services necessary to mill and resurface
4.7 miles of Congress Avenue’s six (6) lanes. This Contract is one (1) of three
(3) contracts with an available cumulative total of $70,000,000 for the annual
asphalt milling and resurfacing program. Prior to this meeting date,
approximately $12,000,000 of the $70,000,000 M&M Contract that was approved
on July 2, 2024, has been spent or encumbered. This Contract was presented to
the Goal Setting Committee on December 16, 2023 and the Committee established
an Affirmative Procurement Initiative (API) of a 10% minimum mandatory Small
Business Enterprise (SBE) participation. The proposed SBE participation for
this work order is 14.60%. To date, the overall SBE participation achieved on
this Contract is 7.70%. This project is funded by the
infrastructure sales tax. The budget for the improvements includes striping
and marking costs of $250,000 bringing the total fiscal impact to $3,221,000. Districts
4 & 7 (YBH)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
5. Staff recommends
motion to approve: Work Order 2023055-9 in the amount of
$1,695,355 for storm drainage repairs within the Whispering Trails Subdivision,
utilizing Palm Beach County’s (County) Drainage Improvements/Repairs and Minor
Construction Continuing Services Contract (Contract) with Johnson-Davis
Incorporated (JDI). SUMMARY: Per
County PPM CW-F-050, this work order exceeds the $300,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
Board of County Commissioners (BCC).
Approval of this work order will allow the contractual services
necessary to construct storm drainage repairs, which consist of the
installation of cured-in-place pipe lining to repair the integrity of the
existing storm drainage pipe system, and the replacement of irreparable storm
drainage pipes within the Whispering Trails Subdivision. This Contract is one
(1) of two (2) contracts with an available cumulative total of $12,000,000 for
the drainage improvements/repairs program. Prior to this meeting date,
approximately $300,000 of the $12,000,000 JDI Contract that was approved on
March 05, 2024 by the BCC has been spent or encumbered. This Contract was
presented to the Goal Setting Committee on August 16, 2023 and the Committee
established an Affirmative Procurement Initiative (API) of a 15% minimum
mandatory Small Business Enterprise (SBE) participation. The proposed SBE
participation for this work order is 38%. To date, the overall SBE
participation achieved on the Contract is 35%.
This project is funded by County
ARPA Response Replacement funds, categorized under infrastructure stormwater improvements. District 1 (YBH)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment
No. 5 (Amendment) to the Contract for Consulting/Professional Services
(Agreement) with Ricondo & Associates, Inc. (Ricondo) in the amount of
$813,898 for the provision of professional consulting services for the
Department of Airports (Department). Summary: The
Agreement with Ricondo was approved on August 23, 2022 (R2022-0888) in the
amount of $2,021,165 for the provision of professional consulting services for
the Department. Amendment No. 1 through
Amendment No. 4 increased the contract amount by $2,580,702.03 and provided for
various services, including, but not limited to, the Palm Beach County Park
Airport (LNA) Safety Assessment, LNA Master Plan Update, Palm Beach
International Airport (PBI) Cyber Security Implementation Support, 2024 Bond
Feasibility Report, and PBI Consolidated Rental Car Facility (CONRAC) Advanced
Planning, and exercised the first one (1) year renewal option. A detailed
contract history is included in Attachment 1.
This Amendment will increase the contract amount by $813,898, resulting in a total contract amount of $5,415,765.03. This Amendment
includes the following Consultant Services Authorizations (CSAs): Task I
Services – PBI Concourse B Construction – Gate Optimization Analysis, PBI 2025
Cyber Security Program Support Services, North Palm Beach County General Aviation
Airport (F45) Conceptual Fixed Base Operator (FBO) Site Plan, Triennial Review
Appraisals, and LNA Aviation Activity Forecast, and Task Ill Miscellaneous
Services. Task Ill Miscellaneous Services are services that are not defined at
the time of approval of an amendment to the Agreement and are approved pursuant
to delegated authority in accordance with PPM CW-F-050 by way of a separate
task authorization. Ricondo is based in Chicago, Illinois; however, the
majority of the work will be managed through its Miami, Florida office. The Agreement was presented to the Goal
Setting Committee (Committee) on September 1, 2021, and the Committee
established an Affirmative Procurement Initiative (API) of a mandatory 10%
Small Business Enterprise (SBE) subcontracting goal. Ricondo committed to 11%
Small/Minority/Women Business Enterprise (S/M/W/BE) participation. The proposed
S/M/WBE participation for this Amendment is 0%. To date, the overall
participation achieved on this Agreement, including this Amendment, is 10%, which
includes 3% WBE and 2% MBE (African American) participation. Countywide (AH)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a Second Amendment to the Contract for audit
services with RSM US LLP (RSM), exercising a final two (2)-year renewal
for $1,832,448 for services to be completed by July 31, 2027. If extended, the total contract for the seven
(7) years will be $6,146,528. Summary: On June 2, 2020, the Board of
County Commissioners (BCC) approved a contract with RSM for three (3) years
with two (2), two (2)-year renewal options for a potential seven (7) year
contract. On April 5, 2022, the BCC exercised the first of the two (2), two (2)-year
renewal options, instructing staff to bring the item back to the BCC for
consideration of the final renewal option.
Staff is recommending exercising the final two (2)-year renewal option
being that RSM was chosen by the selection committee in large part due to their
having a significant number of large clients similar in size to Palm Beach
County, and appreciable experience in serving those clients. The contract includes a 25% Small Business
Enterprise (SBE) participation of which 10% is with eligible Minority/Women/Business
Enterprise (M/WBE) firms. Since the initial contract began in 2020, RSM has met
the SBE and M/WBE participation goals. The M/WBE firms are Ward & Company,
P.A. and Mark Escoffery, P.A.. RSM has
been the County’s external auditor for the past 19 years. Countywide (DB)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: the Roger Dean Chevrolet Stadium (RDCS)
Renovation Project (Project) development period report no. 8 (Development
Report No. 8), for the period from October 21, 2024 through January 13, 2025,
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. 8 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)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve:
A) First Amendment to the Agreement with Palm
Beach State College (PBSC) (R2020-0430) to extend the term of the Agreement for
interoperable radio communications through the countywide common talk groups of
the County’s Public Safety Radio System (County’s System) from May 5, 2025 through
May 4, 2030; and
B) First Amendment to the Agreement with the City
of West Palm Beach (CWPB) (R2020-0512) to extend the term of the Agreement for
interoperable radio communications through the countywide common talk groups of
the County’s System from May 5, 2025 through May 4, 2030.
Summary: These Agreements
(R2020-0430 and R2020-0512), which provide the terms and conditions under which
each participant can program its radios and utilize the countywide common talk
groups for certain inter-agency communications, are set to expire on May 4,
2025. Each Agreement provides for two (2) renewal options, each for a period of
five (5) years. Each participant has approved an amendment to extend the term
of its respective Agreement to May 4, 2030, and the renewal now requires
approval by the Board of County Commissioners (BCC). The terms of these
Agreements 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 these Agreements. Each participant is
required to pay all costs associated to its subscriber units and to comply with
established operating procedures for the County’s System. Each Agreement may be
terminated by either party, with or without cause, upon ten (10) days’ notice.
The First Amendment to the Agreement with PBSC extends the term of the
Agreement, updates the Notices section, and adds the E-Verify provision. The
First Amendment to the Agreement with CWPB 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)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: An Interlocal Agreement (Agreement) with the
Miami-Dade County (Participant) allowing for interoperable communications
through the countywide common talk groups of the County’s Public Safety Radio
System (County’s System) retroactively (due to the Participant’s delay in
executing the Agreement) from April 1, 2024 through March 31, 2029. Summary: This Agreement provides the terms and
conditions under which the Participant can program into its radios and utilize
the countywide common talk groups for certain types of inter-agency
communications. The County’s System will not be utilized by the Participant for
routine operational communications. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of State and Federal
agencies with 800 MHz trunked radio capabilities. There are no charges
associated with this Agreement. The 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
provides for an initial term of five (5) years with two (2) renewal options,
each for a period of five (5) years. This Agreement may be terminated by either
party, with or without cause, upon ten (10) days’ prior written notice to the
other party. (ESS) Countywide (MWJ)
4. Staff recommends
motion to approve: First Amendment to the Agreement (R2020-0432) with
Rural/Metro Fire Dept., Inc. (Participant) to extend the term of the Agreement
for interoperable communications through the countywide emergency medical
services (EMS) and common talk groups of the County’s 800 MHz Radio System
(County’s System) from May 5, 2025 through May 4, 2030. Summary:
The Agreement, which provides the terms and conditions under which the
Participant can program its radios and utilize the countywide EMS and common talk
groups for certain types of inter-agency communications, expires on May 4,
2025. The Agreement provides for two (2) renewal options, each for a period of
five (5) years. The Participant has approved the amendment to extend the term
of its Agreement to May 4, 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 and ambulance service providers with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement, but 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, upon ten (10) days prior written notice to the other party. The
Agreement provides for an initial term of five (5) years or until the
expiration or termination of Participant’s Certificate of Public Convenience
and Necessity, whichever comes first. 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)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: Lease
Agreement (Lease) with the Village of Palm Springs (Palm Springs) for the
continued use of Fire Rescue Station No. 39 (FS 39) located at 228 Cypress Lane
in Palm Springs for a term of six (6) years retroactively commencing on October
1, 2023 and extending until October 1, 2029 at an annual rent of $67,000,
increasing $1,000 annually, plus an additional one-time payment of $15,000, to
Palm Springs to account for the rent increase between October 1, 2019 and
October 1, 2023. Summary: The Village has received
fire-rescue services from the County as a part of the Fire Rescue Municipal
Services Taxing Unit (MSTU) since October 1, 2009. The County and Palm Springs
entered into an Interlocal Agreement for Fire Protection and Emergency Medical
Services (ILA) (R2009-1552) which was approved by the Board of County
Commissioners (BCC) on September 15, 2009.
The ILA provided for, among other matters, the lease of FS 39 to the
County at an annual rent of $50,000.
While the term of the ILA expired on October 1, 2019, it contains a
provision allowing for the continuation of the lease of FS 39 as long as Palm
Springs continues to receive fire-rescue services from the County, unless and
until the parties agree otherwise in writing or negotiate a new agreement
regarding the County’s use of the fire station. In 2019, Palm Springs requested
to renegotiate the terms of the lease provisions, specifically requesting an
increase in rent. Continued negotiations
between the County and Palm Springs caused delays in finalizing the lease. The
term of the Lease will retroactively commence on October 1, 2023 and extend
through October 1, 2029 to coincide with the term of the MSTU. The Lease
provides for a lump sum payment of $15,000 to account for increased rent from
October 1, 2019 through October 1, 2023, which was not contemplated in the
ILA. The amount of the rent for the
first year of the lease, commencing October 1, 2023, shall be $67,000. For each subsequent year, the annual rent
shall increase by $1,000 per year. Palm
Springs is responsible for all exterior and structural maintenance. County is responsible for all interior and
air conditioning maintenance. Palm
Springs approved the Lease Agreement on January 9, 2025. The Fire Rescue
Department supports the Lease and will continue to have administrative responsibility
for the Lease. (Property & Real Estate Management) District 3 (HJF)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends
motion to approve: annual contracts with the following contractors for
general minor construction services on an as-needed basis through January 13,
2030:
Contractors Status SBE
or Non-SBE
1.
Andrea Construction, Inc. Local SBE
2.
Anzco, Inc. Local SBE
3.
D.W. Recreation Services, Inc. Local S/WBE
4.
E&F Florida Enterprises Inc. dba
Creative Contracting Group Local Non-SBE
5.
Joe Schmidt Construction, Inc. Local SBE
6.
Mavolic, L.L.C. Local
S/MBE
7.
Mueller Construction and Management
Company
dba Mueller Construction Company Local
SBE
8.
New-Tech Construction, Corporation Non-Local Non-SBE
9.
One Call Florida, Inc Local Non-SBE
10.
Ralph Della-Pietra Inc. Local SBE
11.
Randolph Construction Group, Inc. Local S/MBE
12.
Southern Road & Bridge, LLC Non-Local Non-SBE
Summary: On January 14,
2025, the Board of County Commissioners (BCC) approved the annual minor
construction services contracts (R2025-0081 through R2025-0083). The work
consists of minor construction services associated with repairs, improvements
and renovations to County owned properties on an as-needed basis. The
contractors now join the list of three (3) prequalified contractors for a total
of 15 prequalified contractors with a contract expiration date of January 13,
2030. The specific requirements of the work will be determined by individual
work orders issued against this annual minor construction services contract.
These contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $15,000,000 across all prequalified contractors. Work will
be awarded as work orders on a lump-sum, competitively bid basis across all
prequalified contractors. Contractors may qualify at any time and be added to
this annual minor construction services contract before the term ends. Projects
less than $150,000 are bid among the pool of prequalified contractors. Projects
$150,000 or greater are advertised on the vendor self-service (VSS) website and
are bid among the pool of pre-qualified contractors while projects $200,000 or
greater are additionally advertised in the newspaper.
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. SUMMARY
(cont’d.): 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. The annual minor construction services contract was presented
to the Goal Setting Committee on October 2, 2024 and the Committee established
Affirmative Procurement Initiatives of a Small Business Enterprise (SBE) 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 on single trade projects or
a minimum mandatory 25% SBE subcontracting goal for multi-trade projects.
Actual Small/Minority/Women Owned Business Enterprise participation will be
tracked cumulatively for all work orders issued. To date, there is no SBE
participation on the annual minor construction services contract. (Capital
Improvements Division) Countywide (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends
motion to approve:
A) annual contracts with the following contractors for electrical services
on an as-needed basis through November 18, 2029; and
Contractors Status SBE or Non-SBE
1. All Florida Contracting
Services, LLC. Non-Local
Non-SBE
2. Davco Electrical
Contractors Corp. Local
Non-SBE
3. EAU Gallie Electric,
Inc. Non-Local
Non-SBE
4. Grid-One Electrical
Construction, Inc. Local SBE
5. Hinterland Group Inc. Local
Non-SBE
6. M. Gay Constructors, Inc. Non-Local Non-SBE
7. Miller Electric Company Non-Local
Non-SBE
8. New-Tech Construction,
Corporation Non-Local Non-SBE
9. Pyke Electric Inc. Local
S/MBE
10.Triton Electric Company Local SBE
11. Zabatt Engine Services,
Inc.
dba
Zabatt Power Systems Inc. Non-Local Non-SBE
B) Work Order No. 25-004 (Work Order) to the
annual electrical services contract
with Miller Electric Company (Contractor) in the amount of $186,490 for the
West County Courthouse-heating, ventilation & air conditioning (HVAC) to Generator
Connection project for a period of 250 calendar days from notice to proceed.
Summary: On November 19,
2024, the Board of County Commissioners (BCC) 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 contractors now join the list of three (3) prequalified
contractors for a total of 14 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.
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. SUMMARY
(cont’d.): 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 West
County Courthouse-HVAC to Generator Connection project consists of connecting
the exiting HVAC units to the emergency generator. 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 add seven (7) roof
top HVAC units to the emergency generator power. Having the HVAC units
connected to the emergency generator will ensure that continued HVAC service is
provided to the facility in the time of power outage. This project was
competitively advertised and new contractors were invited to bid on the project
by submitting prequalification documents prior to the submission of the bid
response. The Contractor will have 250
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 a Small Business Enterprise (SBE) contractor will be given
a price preference if its bid is within 10% of the lowest non-small business
bid 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. There is no SBE participation
on this Work Order. To date, the Contractor has no SBE participation. To date,
the overall SBE participation on the annual electrical services contract is
62.30%. Funding for this project is from the Public Building Improvement Fund.
(Capital Improvements) Countywide/ District 6 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends
motion to approve: Work Order No. 25-004 (Work Order) to the annual
heating, ventilation & air conditioning (HVAC) services contract
(R2025-0084) with Advanced Roofing, Inc. dba Advanced Air Systems (Contractor)
in the amount of $568,780 for the Eagle Academy Chiller Replacement project for
a period of 260 calendar days from notice to proceed. Summary: The project
consists of the removal and replacement of the existing chiller and water pumps
at the Eagle Academy facility. 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 one (1) chiller and replace
with a new 165-ton air cooled chiller including associated accessories as well
as remove two (2) water pumps and replace with new water pumps including
associated accessories. The new chiller and water pumps will benefit all users
of the facility by having a reliable cooling system. This project was
competitively advertised and new contractors were invited to bid on the project
by submitting prequalification documents prior to the submission of the bid
response. The Contractor will have 260 calendar days from notice to proceed to
substantially complete the project. Liquidated damages for failure to achieve
certification of substantial completion within the contract time or approved
time extension thereof are $180 per day. This Work Order was solicited pursuant
to the annual HVAC services contract and the requirements of the Equal Business
Opportunity (EBO) Ordinance. The annual HVAC services contract was presented to
the Goal Setting Committee on October 2, 2024 and the Committee established an
Affirmative Procurement Initiative of a Small Business Enterprise (SBE) price
preference whereby an SBE contractor will be given a price preference if its
bid is within 10% of the lowest non-small business bid. The SBE participation
on this Work Order is 1.17%. To date, the Contractor’s overall SBE
participation is 1.10%. To date, the overall SBE participation on the annual
HVAC services contract is 43.64%. Funding for this project is from the ARPA
Response Replacement funds that do not require a local match. (Capital Improvements Division) District
6 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
9. Staff recommends
motion to approve: Amendment No. 3 to the continuing Construction
Manager (CM) at Risk Services contract (R2023-0139) with Lebolo Construction
Management, Inc. (Lebolo), establishing a Guaranteed Maximum Price (GMP) in the
amount of $1,496,353 for the Palm Tran Main Facility Parking Lot Improvements
project for a period of 238 calendar days from notice to proceed. Summary:
On February 7, 2023, the Board of County Commissioners (BCC) approved the
continuing CM at Risk Services contract (R2023-0139) with Lebolo for various
federal or state funded projects. Task Order No. 1 authorized the
preconstruction services and defined the federal requirements for the Palm Tran
Main Facility Parking Lot Improvements project. Amendment No. 3 establishes a
GMP in the amount of $1,496,353 for the construction management services
necessary for the Palm Tran Main Facility Parking Lot Improvements project. The
Palm Tran Main Facility Parking Lot requires refurbishment, which includes, but is not limited to, milling the
existing employee and visitor parking areas, repaving the milled sections,
regrading the swale and curb to enhance drainage, clearing drainage pipes,
restriping the parking lot, installing new signage, placing tree root barriers
where necessary, and replacing the induction loop for the security gate alarm.
The CM will have 238 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 continuing CM at Risk Services contract was
selected through a competitive solicitation in accordance with the federal
requirements. This continuing CM at Risk Services contract is exempt from the
County’s Equal Business Opportunity Ordinance pursuant to section 2-80.22
thereof. The work was competitively solicited by Lebolo utilizing the
federal requirements provided by Palm Tran. Under the federal requirements,
this project has an established Disadvantage Business Enterprise (DBE) goal of
10%. The CM anticipates a DBE utilization of 57.60% in this construction phase.
Funding for this project is from the Palm Tran Grants Fund. (Capital
Improvements Division) District 7 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. Staff recommends
motion to approve:
A) an
Amendment to the Infrastructure Sales Tax (IST) Project Plan approved by the
Board of County Commissioners (BCC) on April 4, 2017 to increase the budget for
the Palm Beach Sheriff’s Office (PBSO) Detention Facilities Phase 3-5 project
from $47,802,000 to $70,825,759;
B) a Budget Transfer of $23,023,759 within the IST Fund from
IST reserves to increase the budget for the PBSO Detention Facilities Phase 3-5
project; and
C) Amendment No. 11 to the Construction Manager (CM) at Risk Services contract
(R2016-0430) with Hedrick Brothers Construction Co., Inc. (Hedrick Brothers) establishing a Guaranteed Maximum Price
(GMP) in the amount of $39,789,934 for the Main Detention Center
(MDC), West Tower-Phase IV project for a period of 1,462 calendar days from
notice to proceed.
Summary: On
April 5, 2016, the BCC approved the CM at Risk Services contract (R2016-0430) with
Hedrick Brothers for the Detention Facilities project. The Detention Facilities
project includes renewal/replacement (R/R) of major building systems at the
County’s detention facilities including the MDC, the Western Detention Center
and the Central Detention Center. The project includes the R/R of the following
major building systems at these detention facilities: mechanical including
heating ventilation and air conditioning (HVAC); fire protection; plumbing and
boilers; electrical; low voltage including electronic security systems and fire
alarm, security doors and hardware; roofing; weatherproofing and other similar
improvements. Amendment No.11 establishes a GMP in the amount of $39,789,934
for the construction management services necessary for the MDC West
Tower-Phase IV project. Renovation work includes R/R of air conditioning
components and air handlers, electrical repairs, pipe lining of sanitary and
rainwater piping (actual lengths to be determined based on video scoping), roof
replacement, detention controls, low voltage systems, fire protection system
upgrades, doors/frames/hardware repairs and change-outs, cell door upgrades,
concrete and masonry work, stucco repairs, drywall, painting, and resinous
flooring repairs and improvements. Work is mainly focused in the West Tower;
however, select minor work in the South Tower may be added.
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
10. SUMMARY
(cont’d.): The CM will have 1,462 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 $2,880 per day. This contract was awarded under the
prior Small
Business Enterprise (SBE) ordinance in place at the time, however GMPs
initiated after January 1, 2019, are subject to the requirements of the Equal
Business. Hedrick Brothers is not an SBE, but has partnered with two (2) Small
Minority Business Enterprises (Cooper Construction Management and Consulting,
Inc. and Randolph Construction Group, Inc.) for services no less than 15% of
the CM services for this contract. On March 20, 2024, the Goal Setting
Committee established an Affirmative Procurement Initiative of 20% SBE
participation, of which 6% must be African American (AA) and/or Hispanic
American (HA) for the project. The CM has committed to 94.11% SBE
participation, of which 11.96% is AA and/or HA on this Amendment. The
cumulative SBE participation on the contract is 48.87%, of which 2.55% is AA
and/or HA. Funding for this project is from the IST Fund. (Capital
Improvements Division) District 3 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT
1. Staff recommends
motion to receive and file: Notice of Termination of the CDBG Capital Improvement Agreement (Agreement)
(R2024-1571) with Mental Health America of the Palm Beaches, Inc., (MHAPB) for
the Community Block Grant (CDBG) Program. SUMMARY: On October 1, 2024, Palm
Beach County (County) entered into an Agreement (R2024-1571; November 19, 2024)
with MHAPB to provide $80,000 in CDBG funds for roof and HVAC improvements at
the Fern Street Clubhouse. The County
was made aware on February 19, 2025 that due to the anticipated short duration
at the Fern Street location, MHAPB shall no longer undertake the activities for
replacement of the roof and HVAC system under the Agreement. To date, the County has not disbursed any of
the $80,000 allocated under FY2020-2021 and FY2021-2022 to MHAPB and no
repayment or reversion of assets obligation is required by MHAPB. MHAPB was provided a Notice of Termination in
a letter dated February 19, 2025, whereby the County terminated the Agreement
with no further action required by MHAPB or the County. The CDBG funds shall be
reprogrammed for other eligible uses, and recommended Agreements will be placed
on a future Board of County Commissioners’ agenda. District 2 (HJF)
2. Staff recommends
motion to execute: a
Certification By State or Local Official of PHA Plans Consistency with the
Consolidated Plan or State Consolidated Plan for the Pahokee Housing Authority
(PHA) in connection with its Five-Year/Annual Plan for Fiscal Years 2025-2029
(Annual Plan). SUMMARY: The PHA has prepared its Annual Plan for
submission to the Department of Housing and Urban Development (HUD). HUD requires Palm Beach County (County) to
confirm that the plans and programs outlined in the Annual Plan are consistent
with the goals and objectives set forth in the County’s Consolidated Plan. Consistency with the Consolidated Plan is
documented through a Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan. PHA must submit to HUD by April 15,
2025. The Department of Housing and
Economic Development (DHED) has reviewed the PHA Annual Plan and determined
that the goals, objectives, and activities outlined therein are consistent with
the County’s Consolidated Plan for Fiscal Years 2020-2024 (Consolidated
Plan). Some specific goals outlined in
the PHA’s Plans which are consistent with the goals set forth in the County’s
Consolidated Plan are: expanding the supply of assisted housing; improving the
quality of assisted housing; increasing assisted housing choices; providing an
improved living environment; promoting self-sufficiency of assisted households;
and ensuring equal opportunity and affirmatively furthering fair housing. District
6 (HJF)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
3. Staff recommends
motion to approve: a
Budget Amendment of $332,965 to the Affordable Housing Trust Fund to recognize
funding increases to the State Housing Initiative Partnership (SHIP) Program grant
award. SUMMARY: Palm Beach County (County) received a SHIP allocation of
$10,302,276 for Fiscal Year (FY) 2022-2023 from Florida Housing Finance
Corporation (FHFC). On January 26, 2023, FHFC awarded the County additional
funds in the amount of $92,060 in Hurricane Housing Recovery Program (HHRP)
funds to be used for Disaster Relief to those counties affected directly by
Hurricanes Ian and Nicole. The HHRP funds will be used to assist applicants
approved through the emergency repair program that were impacted by one (1) of
the hurricanes. These funds are to be
expended by June 30, 2025. The County
also received a SHIP allocation of $12,463,331 for FY 2023-2024 from FHFC. On February 20, 2025, the County received
additional funds in the amount of $240,905 from FHFC. The FHFC has a holdback of funds each year
for potential disasters. If a disaster isn’t declared, funds are not allocated. Unallocated funds are then disbursed to the
counties and cities, based upon population formulas. There is no requirement
for these funds to be used for disaster applicants, and can be used for any
eligible SHIP strategy. These funds will be used to assist applicants approved
for Purchase Assistance. These
are State SHIP funds which require no local match. Countywide
(HF)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
ECONOMIC DEVELOPMENT (cont’d.)
4. Staff recommends
motion to approve:
A) a Budget Transfer of $452,000 in the Cares
Act Relief Fund to undertake the rehabilitation of a building located at 1000
45th Street, West Palm Beach; and
B) a Budget Amendment of $452,000 in the
Capital Outlay Fund to recognize the transfer from the Housing and Economic
Sustainability Fund and to appropriate the funds to the Project.
SUMMARY: On January 23, 2024 (Agenda Item #6C-1), the Palm Beach County (County)
Board of County Commissioners (BCC) approved a Community Development Block
Grant Coronavirus (CDBG-CV) award of $452,000 to the Facilities Development
& Operations Department to undertake rehabilitation of a building located
at 1000 45th Street, West Palm Beach for the Community Services
Department. 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 Facility’s residents and homeless. The Health Care District will provide nursing
and site staff including a pharmacist to oversee services. These are Federal
CDBG-CV grant funds which require no local match. Countywide (HJF)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work Order (WO) No. 13 to the 2022 Pipeline Continuing
Construction Contract (Continuing Contract) with Johnson–Davis Incorporated
(Contractor) for the Pipeline Priority Aerial Canal Crossing Improvement Phase
3 (Project) for a not to exceed amount of $4,311,778.13. Summary: On May 16, 2023, the Palm
Beach County Board of County Commissioners (BCC) approved the Palm Beach County
Water Utilities Department (PBCWUD) Continuing Contract (R2023-0675) with
Contractor. WO No.13 provides for the rehabilitation of 13 aerial canal
crossing locations. The project includes installation and replacement of water
and force mains, associated appurtenances, and site restoration throughout the
PBCWUD service area. This Contract was
presented to the Goal Setting Committee (Committee) on September 8, 2022 and
the Committee established an Affirmative Procurement Initiative (API) of 20%
Small Business Enterprise (SBE) subcontracting participation of which 5% shall
be among certified African American (AA) and/or Hispanic American (HA) owned
firms. The Contractor committed to 20.83% SBE participation, which includes
5.51% MBE participation, 5.38% MBE (HA) and 0.13% MBE (AA). The proposed SBE participation for this WO
No. 13 is 8.53%, which includes 0% MBE, 0% MBE (HA) and 0% MBE (AA). To date, the overall participation achieved
on this Continuing Contract is 13.47%.
The Contractor is a Palm Beach County-based company. The Project is
included in the PBCWUD FY 2025 budget. (PBCWUD Project No. 21-035) Countywide
(MWJ)
2. Staff recommends
motion to approve: Full Release of Utility Easement for that easement recorded in the Official
Records of Palm Beach County, ORB 6938 Page 469. Summary: Palm Beach County Water Utilities Department
(PBCWUD) is seeking the release of the County’s interest in the utility
easement recorded in the Official Records of Palm Beach County as noted above
and located approximately 520 feet north of Okeechobee Blvd. The easement was
assigned to the County as part of the County’s purchase of Century Utilities,
Inc., by that Assignment of Easements dated October 24, 1991, and recorded in
the Official Records of Palm Beach County Book 7001, Page 1755. The Property Owner requested release of the
identified easement that is no longer associated with any public potable water
and wastewater facilities. As a result of site development for Southampton PUD,
the existing identified utility easement is no longer required. PBCWUD has
determined that the release of the easement will not affect existing or new
public potable water, reclaimed water and wastewater facilities and therefore
recommends approval of the release. (PBCWUD Project No. 24-517) District 2
(MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
3. Staff recommends
motion to receive and file: One
(1) executed Standard Potable Water and Wastewater Development Agreement, and
one (1) Standard Reclaimed Water Service Agreement Lake Discharge for the
months of November and December 2024.
A) Standard
Potable Water and Wastewater Development Agreement with Galileax Three LLC, SDA
#01-01284-000 (District 3), Recorded in OR BK 35470 PG 1478.
B) Standard
Reclaimed Water Service Agreement Lake Discharge System with Valencia Sound
Homeowners Association, Inc., RWSA #03-90012-001 (District 5), Recorded in OR
BK 35448 PG 826.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/ agreements/grants/ procurement items must be submitted by
the initiating Department as a receive and file agenda item and are attached
unless the documents have been recorded in the Public Records of Palm Beach
County. The documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539
and are now being submitted to the BCC to receive and file. Districts 3
& 5 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
4. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
Consulting/Professional Services Pressure Pipeline Engineering Services (Contract) with Keshavarz & Associates,
Inc. (Consultant) for Engineering
Services during Construction for Belle Glade Water Main Improvements, SE Zone 4
Water System Replacement Project (Project) for a not to exceed amount of
$648,072.04. Summary: On April 20, 2021, the Board of County
Commissioners (BCC) approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2021-0504)
with Consultant. CSA No. 2 provides for professional engineering services
during construction for the replacement and relocation of approximately 14,500
linear feet of water mains within the south east area of the City of Belle
Glade designated as Zone 4. Project also includes the relocation of
approximately 47 water services from the rear of the property to the front of
the property. Services include, but are not limited to, construction management
services, field observations, project administration and review of
deliverables. This Contract was presented to the Goal Setting Committee
(Committee) on July 1, 2020, and the Committee established an Affirmative
Procurement Initiative (API) of a minimum mandatory 20% Small Business
Enterprise (SBE) subcontracting goal and a Minority Business Enterprise (MBE)
evaluation preference for African American (AA) owned firms. Consultant committed to
95% SBE participation, which includes 95% MBE participation, 20% MBE (AA). The
SBE proposed participation for this CSA No. 2 is 100%, which includes 0% MBE
(AA). To date, the overall participation achieved on this Contract is 99% SBE
participation. The Consultant is a Palm Beach County based company. The
Projects is included in the PBCWUD FY 2025 budget. (PBCWUD Project No. 21-033) District
6 (MWJ)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A Recreation Facility Rental
Agreement (Agreement) with the Young Men’s Christian Association of the Palm
Beaches, Inc. (YMCA), for use of the swimming pool and certain other recreation
facilities at the Club Managers Association of America Therapeutic Recreation
Complex (TR Complex), in the amount of $67,536 annually, for the period May 1,
2025 through April 30, 2026 with three (3) one (1) year renewal options. Summary: On
April 12, 2022, the Board of County Commissioners (BCC) approved an Agreement
(R2022-0362) with the YMCA for the use of the swimming pool and recreation
facilities at the TR Complex at John Prince Park. That Agreement is set to
expire on April 30, 2025, with no remaining renewal options. To ensure the
continuation of facility operations for this purpose, the YMCA and the Parks
and Recreation Department (Parks) are extending this partnership, allowing the
YMCA to maintain publicly accessible recreation services while its new location
at Lake Lytal Park is under construction. In exchange for the use of the TR
Complex, the YMCA is paying a monthly fee of $5,628, totaling $67,528 annually.
District 3 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: a Grant Agreement
(Agreement) with the Western Palm Beach County Farm Bureau, Inc. in an amount
not to exceed $30,000 from Agricultural Economic Development Program funds to
assist in conducting the 2025 Palm Beach County (County) Sweet Corn Fiesta
(Sweet Corn Fiesta). Summary:
The 2025 Sweet Corn Fiesta will be held on April 27, 2025. This Agreement allows for reimbursement of expenses
incurred after December 1, 2024. This event will increase public
awareness of the County’s agriculture, regionally and statewide. It
provides an opportunity for a local agricultural organization, the Western Palm
Beach County Farm Bureau (Farm Bureau), to stage an event that will make
residents and visitors more aware of the economic significance of the largest
vegetable row crop in the County’s billion-dollar agricultural industry.
This is the 25th year for the event. The Palm Beach County Agricultural
Enhancement Council has reviewed and approved the request after meeting with
representatives of the Farm Bureau. Countywide (AH)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: the First Amendment to the Agreement with Seacoast
Utility Authority (Seacoast) to extend the term until March 9, 2030, and
incorporate Exhibit C, for an annual revenue of $1,800. Summary: Seacoast has an existing Interlocal Agreement (IA) with Palm Beach County
(R2020-0278) for network services, which expired on March 10, 2025. Staff
recommends extending the Agreement’s term until March 9, 2030, and
incorporating Exhibit C as reflected in the Agreement. Exhibit C will outline
the activities related to the County’s use of Seacoast-owned conduit for
network projects, define the roles and responsibilities of both parties,
establish a procedure for issue resolution and escalation, and specify
associated costs and payment terms. The Florida LambdaRail, LLC has approved
the connection of Seacoast Utility Authority to the Florida LambdaRail
network. District 1 (DB)
2. Staff
recommends motion to approve: the First Amendment to the Interlocal
Agreement (IA) (R2022-0497) with the Town of Palm Beach (Town) to increase
network services bandwidth from 50MB to 10GB for a total annual revenue to the
County of $30,600. Summary: The Town has an existing IA with Palm Beach County (R2022-0497) for
network services. The Town requested
this First Amendment to increase the bandwidth from 50Mb to 10Gb. This update will result in a $28,800 annual
increase a year from $1,800 annually to $30,600 annually. District 1
(DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the Memorandum of Agreement (MOA) with the Federal Emergency Management
Agency (FEMA) Integrated Public Alert and Warning Systems (IPAWS) Program
Management Office to allow the County’s Public Safety Department Division of
Emergency Management (DEM) to facilitate the exchange of emergency messages
using the Interoperable Systems(s) for Emergency Networks (IPAWS OPEN) for a
three (3) year period. Summary: This MOA will allow the
County, through its DEM, to facilitate the exchange of emergency messages
utilizing the standardized web based application interface. This application receives and authenticates
messages transmitted by alerting authorities and routes them to the public via
radio, television, mobile telephone, National Oceanic and Atmospheric
Administration weather radios, internet based systems, and other dissemination
systems. IPAWS provides public safety
officials local systems integration that use a Common Alerting Protocol with an
effective way to alert and warn the public about serious emergencies. Since the equipment and software requirements
are already in place, there is no additional cost associated with gaining
access to the IPAWS system. On April 2,
2019 (R2019-0456), the County Administrator or designee was authorized to
execute agreements between the County and FEMA IPAWS Program Management
Office. Countywide (DB)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY (cont’d.)
2. Staff recommends motion to receive and file: an extension to Memorandum of Agreement (MOA) with the City of Miami R2024-1230 for the Urban Area Security Initiative (UASI) GY 2023 agreement #R0924 extending the grant period through June 1, 2025 in order to complete emergency management equipment purchases and planning projects totaling $428,997. Summary: The City of Miami offered an extension on the original MOA, which expired March 30, 2025, allowing additional time to spend the funds efficiently. The original MOA (CFDA # 97.067) provides a means of funding various domestic security activities within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent. The incomplete projects include an award for Community Preparedness Videos; Deployable Generator, Field Carts; IT upgrades; and Regional Citizens Corps/CERT training and planning. R2013-0622 gave the authority to the County Administrator, or designee, to execute these agreements. No County matching funds are required. Countywide (DB)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of
County Commissioners (BCC), of Palm Beach County, Florida, approving Public
Transportation Grant Agreement (PTGA) G3710 with the State of Florida
Department of Transportation (FDOT), in the amount of $2,727,424 in Transit
Corridor Development Program funding (CSFA 55.013), to provide funding to
purchase up to three (3) commuter-style buses for the Port St. Lucie Express
Regional Transit Pilot Program (PSL Express). This PTGA will become effective
upon FDOT execution with an expiration date of April 28, 2028; and
B) approve an upward Budget
Amendment of $2,727,424 in Palm Tran’s Operating Fund
1341 to recognize the grant award.
Summary: The
PSL Express route started service on September
23, 2024, traveling north-south via I-95, providing two (2) morning and two (2)
evening peak-time trips between West Palm Beach and Port St. Lucie. The PSL
Express is connecting riders to major employment destinations and activity
centers in the County. The service utilizes coach-style buses to transport
riders along the designated route. These vehicles are currently leased, and
those costs are 100% covered by a grant funded by FDOT, which has committed to
funding this project for several years after the completion of a successful
pilot phase. The purchase of new buses
dedicated to this service will ensure customer comfort and maintain reliable
service. Palm Tran will continue to collaborate with FDOT and the St. Lucie
County/Area Regional Transit for service continuation, as this is a key project
identified in their Transit Development Plan (TDP). The PTGA does not require a local match. The grant requires broader indemnification by
the County than that approved by PPM CW-F-049. The grant requires
the County and its officers, agents, or employees to indemnify, defend, and
hold harmless the State of Florida, FDOT, including FDOT’s officers and
employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney’s fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the County and persons
employed or utilized by the County in the performance of this Grant Agreement.
The indemnification obligation must also be passed on to contractors and/or
consultants and subcontractors and/or subconsultants. The Risk Management
Department and County Attorney’s Office have reviewed the indemnification
requirements for this grant and advised staff accordingly. Given that liability
is limited to the County’s non-compliance or performance of this agreement and
the statutory caps of Section 768.28, Florida Statutes, staff recommends BCC approval.
Countywide (MM)
APRIL 8, 2025
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends motion to receive
and file: two (2) fully
executed Palm Beach
County FY2025, Category “G” Grant Agreements
managed by the Palm Beach County
Sports Commission, Inc. (Sports
Commission), on behalf of the Palm Beach County Tourist Development Council
(TDC) with:
A) Eastern
Exposure Hockey Group, LLC, for the promotion of the Florida
Exposure Cup, held January 30 – February 2, 2025, for the term September
30, 2024 – May 2, 2025. This grantee was
approved by the TDC on September 12, 2024, in the amount of $15,000; and
B) Touche Tournament Management Team, Inc., for the promotion of the USA
Fencing 2025 Youth Championship – Battle at The Beach, held February 1 – 2, 2025, for the term October
1, 2024 – May 2, 2025. This grantee was approved
by the TDC on June 13,
2024, in the amount of $15,000.
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 Eastern Exposure Hockey Group, LLC
/ Florida Exposure Cup were 596, and room nights generated for Touche Tournament Management Team, Inc. / USA Fencing 2025 Youth Championship –
Battle at The Beach were 1,200. Countywide (YBH)
* * * * * * * * * * * *
APRIL 8, 2025
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
1. Staff recommends
motion to adopt: AN ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA REPEALING
THE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1.0%) SECTIONS
17-491 THROUGH 17-494 OF THE PALM BEACH COUNTY CODE, WHICH CODIFIED ORDINANCE
NO. 2016-032, WHICH REPEAL IS EFFECTIVE DECEMBER 31, 2025; PROVIDING FOR
SURVIVAL OF RESTRICTIONS ON USE OF SURTAX PROCEEDS AS LONG AS ANY SURTAX
PROCEEDS REMAIN UNSPENT; PROVIDING FOR THE CONTINUATION OF THE CITIZEN
OVERSIGHT COMMITTEE(S) UNTIL ONLY DE MINIMIS SURTAX PROCEEDS REMAIN; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CAPTIONS; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE. Summary: On March 11, 2025, the Board of County
Commissioners (BCC) approved on first reading the repeal of the infrastructure
surtax that was created for one cent, maximum 10 years, creation of an
oversight committee to review spending for compliance with approved projects,
and the following allocations: 50% to the School District, 30% to the County,
and 20% to the Municipalities. The ordinance also includes a sunset provision
that the surtax will end if $2.7 billion is collected prior to September 1st
of any year. All funding must
be expended as prescribed by Florida Statutes.
This Ordinance will repeal the one-cent infrastructure surtax (surtax)
as $2.7 billion has been collected throughout the County. The surtax will end
December 31, 2025. The local discretionary sales surtaxes apply
to all transactions subject to the state tax imposed on sales, use, services,
rentals, admissions, and other authorized transactions. The surtax applies to the first $5,000 of any
single taxable tangible personal property item.
Items such as groceries, baby food, baby formula, and medicines are
exempt from sales tax. Countywide (DB)
APRIL 8, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
B. PALM TRAN
1. Staff recommends motion
to approve:
A) Palm Tran Connection Program guidelines to differentiate Paratransit
Complementary Palm Tran Connection transportation services provided per the
Americans with Disabilities Act of 1990 (ADA), versus Non-ADA transportation
which may include Paratransit transportation, Mobility on Demand, or future
alternative transportation options serving citizens beyond the Federal Transit
Administration’s ADA complementary paratransit requirements;
B) Palm Tran Connection Plus Program
guidelines for eligible riders and trips outside of the ¾ mile ADA service area;
and
C) A fare increase of $.50 for Palm Tran (Connection)
and Palm Tran (Connection Plus), increasing the $3.50 fare to $4.00 for
qualified users whose incomes are above 100% of the federal poverty guidelines.
Summary: Per ADA and the U.S. Department of
Transportation’s implementing regulations at Title 49, Code of Federal
Regulations, Section 37.131(a), transit systems must provide ADA complementary
paratransit transportation to persons with a physical or cognitive disability
who cannot navigate the fixed route system without assistance. ADA
complementary transportation must be provided within ¾ mile on either side of
each fixed route, a ¾-mile radius at the end of each fixed route, within the
transit system’s core service area, and small areas surrounded by fixed route
corridors. Currently, Palm Tran Connection provides ADA complementary
transportation countywide exceeding the regulations. These proposed changes
would enable Palm Tran to improve the efficiency of ADA and non-ADA
transportation. For non-ADA paratransit transportation, Connection Plus would
facilitate the implementation of cost-effective alternative transportation
modalities such as Mobility on Demand, transfers into fixed transportation
versus door-to-door for customers capable of using fixed route, and the
utilization of best practices in scheduling such as the multi-loading of
vehicles, the removal of trip negotiation and travel time limitation
restrictions, and trip prioritization. A Title VI fare equity analysis was
completed to prevent disparate impact on the basis of race, color, national
origin, or low-income populations. Based on this analysis, to prevent a
disproportionate burden, qualified riders whose income falls at or below 100%
of federal poverty guidelines will be exempt from the fare increase and will
continue to pay $3.50 per one-way trip. If approved by the Board of County
Commissioners (BCC), the implementation of the Connection Plus program and the
fare increase would begin in January 2026.
Countywide (MM)
APRIL 8, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. HOUSING & ECONOMIC DEVELOPMENT
1. Staff recommends
motion to:
A)
approve the application of
Provident Group – PBAU Properties II LLC (Borrower) for the issuance of Palm
Beach County (County) Industrial Development Revenue Bond (Provident Group –
PBAU Properties II LLC – Palm Beach Atlantic University Project), Series 2025 in
a principal amount not to exceed $250,000,000 (Bonds);
B)
conduct a Tax Equity &
Fiscal Responsibility Act (TEFRA) Public Hearing pursuant to Section 147(f) of
the Internal Revenue Code of 1986, as amended, concerning the proposed issuance
of the Bonds; and
C) adopt A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AUTHORIZING AND APPROVING THE
ISSUANCE OF REVENUE BONDS PROVIDENT GROUP – PBAU PROPERTIES II LLC – PALM BEACH
ATLANTIC UNIVERSITY PROJECT, SERIES 2025 BONDS, IN ONE (1) OR MORE SERIES, iN
AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $250,000,000 FOR
THE PURPOSE OF MAKING A LOAN OF FUNDS TO Provident Group – PBAU PROPERTIES II
LLC IN ORDER TO FINANCE ALL OR A PORTION OF THE
DESIGN, DEVELOPMENT, CONSTRUCTION AND EQUIPPING OF STUDENT HOUSING, DINING,
RECREATION AND PARKING FACILITies to be located on the campus of PALM BEACH
ATLANTIC university, 901 S. FLAGLER DRIVE , WEST PALM BEACH, FL 33401; and to
finance certain other expenditures DESCRIBED HEREIN; APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A TRUST INDENTURE,
AND A BOND PURCHASE AGREEMENT; AWARDING THE SALE OF THE BONDS BY A NEGOTIATED
SALE TO J.P. MORGAN SECURITIES LLC; APPROVING THE FORM AND THE
DISTRIBUTION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS; PROVIDING THAT SUCH
REVENUE BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF PALM
BEACH COUNTY, FLORIDA OR THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION
THEREOF, BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES HEREIN PROVIDED;
AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN OTHER DOCUMENTS REQUIRED IN
CONNECTION WITH THE FOREGOING; AND PROVIDING CERTAIN OTHER DETAILS IN
CONNECTION THEREWITH.
APRIL 8, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. HOUSING & ECONOMIC DEVELOPMENT (cont’d.)
1. SUMMARY:
The Borrower has requested
that the County issue its Bonds in an aggregate principal amount not to exceed
$250,000,000 in one (1) or more series which series may include either taxable
or tax-exempt bonds and may include either senior lien or subordinate lien
bonds as separate series thereof. The Bonds will provide proceeds for the
purpose of financing or reimbursing all or a portion of the costs to: (i)
finance substantially all of the cost of design, development, constructing, and
equipping of a 25-story mixed-use tower containing 22 floors of student housing
with approximately 990 beds, two (2) floors with an approximate 28,000 square
foot dining facility, an approximate 14,000 square foot health and recreational
facility located on the third floor, and a multi-leveled structured parking
facility located adjacent to the tower containing approximately 890 parking
spaces and related improvements and amenities, including the buildings,
furniture, fixtures, and equipment therefore to be located on the Palm Beach
Atlantic University (University) campus in West Palm Beach, Florida,
(collectively, the Series 2025 Project); (ii) fund interest on the Series 2025 Bonds;
(iii) fund the Debt Service Reserve Fund for the Series 2025 Bonds; and (iv) to
pay the costs of issuing the Bonds that will be owned and operated by the
Borrower to provide student housing, dining and health and recreational facilities
for students matriculating at the University. The parking facility will be
available to students, faculty and staff of the University. All facilities to be financed by the Bonds will
be owned by the Borrower. The dining
facility, health/recreational facilities and the parking facility will be
subleased back to the University to operate and manage. The project has a five
(5) year estimated economic impact of $1.36 billion and will create 4,417
direct and indirect jobs. PBAU currently enrolls more than 4,147 students and
employs 588 positions. Approval by an
elected body is required by the Internal Revenue Code; however, adoption of
this Resolution does not in any way obligate the County. One (1) or more
documents approved by the County in the resolution authorizing the issuance of
the Bonds will include language creating a contractual obligation of the
Borrower substantially as follows: the County assumes no responsibility for
monitoring compliance by the Borrower of applicable federal income tax,
securities laws or other regulatory requirements. The Borrower
understands and agrees that it is responsible for monitoring its compliance
with all applicable federal income tax, federal securities law and other
regulatory requirements, retaining adequate records of such compliance, and
retaining qualified counsel to respond to or assist the County in responding to
any audit, examination or inquiry of the Internal Revenue Service, the
Securities and Exchange Commission or other organization.
APRIL 8, 2025
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
C. HOUSING & ECONOMIC DEVELOPMENT (cont’d.)
1. SUMMARY
(cont’d.): The Borrower
assumes responsibility for monitoring compliance with applicable provisions of
federal tax laws and United States Treasury Regulations relative to the Bonds,
and will retain adequate records of such compliance until at least three (3)
years after the Bonds are retired. In the event of any audit, examination or
investigation by the Internal Revenue Service with respect to the tax-exempt
status of the Bonds or any other related tax matters, the Borrower shall be
responsible for retaining qualified counsel to respond to such audit. Neither
the taxing power nor the faith and credit of the County, nor any County funds
shall be pledged to pay the principal, redemption premium, if any, or interest
on the Bonds. District 7 (DB)
* * * * * * * * * * * *
APRIL 8, 2025
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida (the Board), amending the Rules of
Procedure incorporated into Section 500.00 of the Palm Beach County Administrative
Code; and providing for an effective date. SUMMARY: Pursuant to
direction given at the Board of County Commissioners (BCC) Zoning meeting on
January 30, 2025, County Administration placed an item on the March 11, 2025
meeting to discuss: a) the policy for quorum at all BCC meetings; b) the extent
and scope of what constitutes “Board Direction”; and c) how “Board Direction”
is to be raised for consideration and approved for issuance to staff. At this
meeting the BCC reviewed and discussed these points and directed staff to amend
the Rules of Procedure to include a specified point in the agenda for “Board
Direction”. Countywide (MM)
2. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, establishing and updating the uniform policies and procedures for Palm
Beach County advisory boards, committees, commissions, task forces, and
authorities; repealing Resolution R2013-0193; and providing for an effective
date. Summary:
This Resolution updates the uniform policies and procedures for advisory
boards, including: the maximum number of boards on which an individual may
serve at one time; terms of office; removal by the BCC and for lack of
attendance; eligibility to serve; residency requirements, Sunshine Law and Code
of Ethics requirements; travel expenses and reimbursements; and annual
narrative reports. The last update to
these policies and procedures was completed in 2013. This Resolution updates the policies and
procedures to align them with the responsibilities of those who serve on Palm
Beach County advisory boards. Countywide (HH)
3. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioner of Palm Beach County, Florida,
establishing the County Administrator Task Force (CATF). Summary:
The County Administrator notified the Board of County Commissioners (BCC)
of her upcoming retirement effective May 31, 2025. On March 1118, 2025, the BCC approved a timeline and
procedures for the Recruitment and Retention of a County Administrator. On
March 27, 2025, the BCC amended the timeline and procedures. Staff
respectfully requests the BCC’s approval of the Resolution to establish the
CATF to serve in the capacity as outlined in the Resolution. If approved, the
CATF will assemble for training and operate under Florida’s Sunshine Law, Palm
Beach County Code of Ethics, and the County’s Advisory Board Guidelines
outlined in Resolution No. 2013-0193.
Pursuant to the BCC’s timeline and procedures, staff has completed the
first step by posting the advertisement for a County Administrator and as the
number of qualified candidates currently exceeds five (5), the
requirement to establish the CATF to reduce the number of candidates has been
activated. Countywide (DO)
APRIL 8, 2025
5. REGULAR
AGENDA
A. ADMINISTRATION
(cont’d.)
4. Staff recommends
motion to approve: seven (7) Primary Members and seven (7) Alternate Members to the County
Administrator Task Force (CATF) per companion item 5A3. Summary:
The County Administrator notified the Board of County Commissioners (BCC)
of her upcoming retirement effective May 31, 2025. On March 1118, 2025, the BCC approved a timeline and
procedures for the Recruitment and Retention of a County Administrator. On
March 27, 2025, the BCC amended the timeline and procedures. As part of the
amended timeline and procedures, Staff respectfully requested the BCC’s
approval of a Resolution establishing the CATF in companion item 5A3. Pending
the BCC approval of the Resolution, the CATF will move forward with the
required training and operate under Florida’s Sunshine Law, Palm Beach County
Code of Ethics, and the County’s Advisory Board Guidelines outlined in
Resolution No. 2013-0193. Countywide (DO)
5. Staff recommends
motion to approve on preliminary reading and permission to advertise for
public hearing on May 6, 2025: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AMENDING PALM BEACH COUNTY
CODE CHAPTER 2, ARTICLE V, DIVISION 1. – BOARDS, COMMISSIONS, ETC., AMENDING AN
IN-PERSON QUORUM STANDARD; PROVIDING A CONFLICTING PROVISIONS CLAUSE; PROVIDING
SEVERABILITY; PROVIDING INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary: This ordinance will standardize the in-person
quorum requirements for all County-created boards, commissions, committees and
similar entities, including County boards created by Special Act of the Florida
Legislature, as long as the provisions do not conflict with quorum definitions
in State or federal law, rule, regulation or code. Establishing a standard
definition will provide consistency in quorum definitions in Countycreated
boards. Ordinance 2021-009 was
established as a result of COVID-19 and the guidelines surrounding the
pandemic. With the COVID-19 guidelines
no longer in existence, this proposed Ordinance change will be more aligned of
statutory requirements of achieving in-person quorums. Countywide (HH)
APRIL 8, 2025
5. REGULAR
AGENDA
A. ADMINISTRATION
(cont’d.)
6. Staff requests
Board direction:
A) regarding
the approaches the Board of County Commissioners (BCC) would like staff to
pursue in addressing the Unsheltered Residents and Housing Development
strategic priorities; and
B) regarding
the For-Sale Housing Bond Loan Program (HBLP) sales price limit to a percentage
of the maximum purchase price set by the Florida Housing Finance Corporation
(FHFC).
APRIL 8, 2025
5. REGULAR
AGENDA
B. AIRPORTS
1. Staff recommends
motion to approve: Food, Beverage and Retail Concession Agreement
(Agreement) with Host Hudson, LLC (Host) for the development and operation of a
food, beverage and retail concession at the Palm Beach International Airport
(PBI), with a transition period commencing on May 1, 2025, and expiring upon
the earlier of the completion of construction of the final concession unit or
September 30, 2028 (Transition Period), and a primary term commencing upon the
expiration of the Transition Period and expiring ten (10) years thereafter
(Primary Term); and providing for
payment of privilege fees based on a percentage of monthly gross
revenues during the Transition Period and payment of the greater of a minimum
annual guarantee (MAG) of $2,000,000 or privilege fees based on a percentage of
annual gross revenues during the Primary Term.
Summary:
Request for Proposals No. PB 24-10 (RFP) was issued in accordance with
PPM AF-F-037 on May 29, 2024, for replacement of all restaurants, shops and
vending machines at PBI in two (2) packages.
Package 1 consisted of concession units on Concourse B, Concourse A and
portions of the main terminal. Package 2
consisted of concession units on Concourse C and portions of the main
terminal. On November 6, 2024, proposals
for Package 1 were submitted by Host and SSP America PBI, LLC. On January 8, 2025, after evaluating the proposals
based upon the selection criteria in the RFP and hearing oral presentations,
the selection committee recommended Package 1 be awarded to Host. The Agreement
provides for the development and operation of a food, beverage and retail
concession at PBI by Host. Host’s proposal provided for a mix of food, beverage
and retail concepts that reflect local, regional and national name brand
operators, products and suppliers. A detailed list of concepts included in the
Agreement can be found in Attachment 1. The Agreement provides for a Transition
Period for the design, permitting and construction of improvements, which will expire upon the completion of
construction of the final concession unit or September 30, 2028, whichever
occurs first. During the Transition
Period, Host will pay privilege fees ranging from 12% to 18% of monthly gross
revenues from the sale of food, beverages and merchandise from each concession
unit. The Agreement requires that construction of each concession unit must be
completed within one hundred eighty (180) days from the date it is transferred
to Host for build out.
APRIL 8, 2025
5. REGULAR
AGENDA
B. AIRPORTS (cont’d.)
1. SUMMARY (cont’d.): The Primary Term will expire ten (10) years after the expiration of the
Transition Period. During the Primary
Term, Host will pay the greater of a MAG of $2,000,000 or privilege fees
ranging from 12% to 18% of annual gross revenues from the sale of food,
beverages and merchandise from each concession unit. The MAG will be adjusted
annually to an amount equal to the prior year’s MAG or 85% of the prior year’s
annual privilege fees, whichever is greater. The Agreement provides for a
minimum capital investment of $15,944,000 to be spent on the design, permitting
and construction of improvements and minimum mid-term capital investment of
$4,784,000. Supporting storage and office areas will be made available for use
by facilities use permits at the then current terminal rental rate applicable
to non-signatory airlines established in accordance with the Signatory Airline
Agreement (R2019-1155). Host is a
Delaware limited liability company, with its principal place of business in
Bethesda, Maryland. The RFP established an Airport Concessions
Disadvantaged Business Enterprise (ACDBE) participation goal of 25%. Host is a joint venture between Host
International, Inc., and Hudson Group Retail, LLC. Host committed to 26% ACDBE participation by
forming two (2) joint ventures with ACDBE providers, which include Tarra
Enterprises, Inc., Chandler & Campbelle Investment Group, LLC dba Chandler
Campbelle and Daschle, Montes and Pitkonen LLC, and Pioneer Concessions,
LLC. The selection committee
recommended that Package 2 be awarded to Paradies Lagardere @ PBI, LLC, which
will be considered in a separate agenda item. Countywide (AH)
APRIL 8, 2025
5. REGULAR
AGENDA
B. AIRPORTS (cont’d.)
2. Staff recommends
motion to approve: Food, Beverage and
Retail Concession Agreement (Agreement) with Paradies Lagardere @ PBI, LLC
(Paradies) for the development and operation of a food, beverage and retail
concession at the Palm Beach International Airport (PBI), with a transition
period commencing on May 1, 2025, and expiring upon the earlier of the
completion of construction of the final concession unit or September 30, 2028
(Transition Period), and a primary term commencing upon the expiration of the
Transition Period and expiring ten (10) years thereafter (Primary Term); and
providing for payment of privilege fees
based on a percentage of monthly gross revenues during the Transition Period
and payment of the greater of a minimum annual guarantee (MAG) of $2,000,000 or
privilege fees based on a percentage of annual gross revenues during the Primary
Term. Summary: Request for Proposals No. PB 24-10 (RFP) was issued in accordance with
PPM AF-F-037 on May 29, 2024, for replacement of all restaurants, shops and
vending machines at PBI in two (2) packages.
Package 1 consisted of concession units on Concourse B, Concourse A and
portions of the main terminal. Package 2
consisted of concession units on Concourse C and portions of the main
terminal. On November 6, 2024, proposals
for Package 2 were submitted by Host Hudson, LLC, Mitchell Estes Olsen PBI,
LLC, Paradies and SSP America PBI, LLC.
On January 8, 2025, after evaluating the proposals based upon the
selection criteria in the RFP and hearing oral presentations, the selection
committee recommended Package 2 be awarded to Paradies. The Agreement provides
for the development and operation of a food, beverage and retail concession at
PBI by Paradies. Paradies’ proposal provided for a mix of food, beverage and
retail concepts that reflect local, regional and national name brand operators,
products and suppliers. A detailed list of concepts included in the Agreement
can be found in Attachment 1. The Agreement provides for a Transition Period for the design, permitting and
construction of improvements, which
will expire upon the completion of construction of the final concession unit or
September 30, 2028, whichever occurs first.
During the Transition Period, Paradies will pay privilege fees
ranging from 12% to 18% of monthly gross revenues from the sale of food,
beverages and merchandise from each concession unit. The Agreement requires
that construction of each concession unit must be completed within one hundred
eighty (180) days from the date it is transferred to Paradies for build
out. The Primary Term will expire ten
(10) years after the expiration of the Transition Period. During the Primary Term, Paradies will pay
the greater of a MAG of $2,000,000 or privilege fees ranging from 12% to 18% of
annual gross revenues from the sale of food, beverages and merchandise from
each concession unit.
APRIL 8, 2025
5. REGULAR
AGENDA
B. AIRPORTS (cont’d.)
2. SUMMARY
(cont’d.): The MAG will be
adjusted annually to an amount equal to the prior year’s MAG or 85% of the
prior year’s annual privilege fees, whichever is greater. The Agreement
provides for a minimum capital investment of $14,952,193 to be spent on the
design, permitting and construction of improvements and minimum mid-term
capital investment of $4,639,675. Supporting storage and office areas will be
made available for use by facilities use permits at the then current terminal
rental rate applicable to non-signatory airlines established in accordance with
the Signatory Airline Agreement (R2019-1155). Paradies, is a Georgia limited liability company, with its principal
place of business in Atlanta, Georgia. The RFP established an Airport
Concessions Disadvantaged Business Enterprise (ACDBE) participation goal of
25%. Paradies committed to 25% ACDBE
participation by utilizing ACDBE providers, which include SMP Concessions, LLC
and Tito Enterprises, LLC. The
selection committee recommended that Package 1 be awarded to Host Hudson, LLC,
which will be considered in a separate agenda item. Countywide (AH)
APRIL 8, 2025
5. REGULAR
AGENDA
C. HOUSING & ECONOMIC DEVELOPMENT
1. Staff recommends
motion to adopt: RESOLUTION
OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; APPROVING
THE ISSUANCE OF NOT EXCEEDING $250,000,000 HOUSING FINANCE AUTHORITY OF PALM
BEACH COUNTY, FLORIDA (AUTHORITY), HOMEOWNER REVENUE BONDS, MULTIPLE SERIES
(BONDS) WITHIN THE MEANING OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF
1986, AS AMENDED, THE PROCEEDS OF WHICH ARE TO BE USED TO IMPLEMENT ITS SINGLE
FAMILY HOMEOWNER REVENUE BOND PROGRAM (PROGRAM), WHICH PROGRAM IS FOR THE
PURPOSE OF PROVIDING TO QUALIFIED MORTGAGORS MORTGAGE FINANCING FOR
OWNER-OCCUPIED, SINGLE FAMILY RESIDENTIAL HOUSING FACILITIES WITHIN THE
AUTHORITY'S AREA OF OPERATION; AND PROVIDING AN EFFECTIVE DATE. SUMMARY:
The Bonds are being issued by the Authority to implement its Single Family
Homeowner Revenue Bond Program (Program), which is for the purpose of providing
to qualified mortgagors mortgage financing for owner-occupied, single family
residential homes in Palm Beach County. The
Authority intends to apply for 2025 Region 12 private activity bond allocation
(PAB) from the Florida Division of Bond Finance on or before the May 31
deadline. While the 2025 Region 12 PAB
is only $102,045,421, the Authority intends to apply for any unused state-wide excess
PAB that becomes available later in 2025. The Authority intends to request
“carry-forward” allocation for whatever amount of PAB the Authority receives,
and to use this carry-forward allocation after December 31, 2025 for either
single family homeowner revenue bonds, single family mortgage credit
certificates and/or multifamily affordable rental housing revenue bonds. Single family homeowner revenue bonds have not
been financially feasible for a number of years. The Authority converted the previously
approved $200M of single family homeowner revenue bonds authorized in 2022 to
carry-forward allocation for multifamily rental housing bond issuance. The Authority retains Bryant Miller &
Olive, P.A. and Greenberg Traurig, P.A. as its bond and disclosure counsel on a
rotating basis. It has not yet been
determined which of these firms will fill these roles in the event the Bonds
are issued as set forth above. Section 2-190 of the Palm Beach County Code of
Ordinances requires that prior to the sale of the Bonds, the BCC shall approve
the underwriters, placement agent or direct purchaser of the Bonds. That approval will be requested at a later
date. Neither the taxing power nor
the faith and credit of the County, nor any County funds, shall be pledged to
pay principal or redemption premiums, if any, or interest on the Bonds. Countywide
(HJF)
APRIL 8, 2025
5. REGULAR
AGENDA
C. HOUSING & ECONOMIC DEVELOPMENT
(cont’d.)
2. Staff recommends motion to:
A) approve a Housing Initiative Program (HIP) funding
in the amount of $1,250,000 to Legacy at 45th Street, LLC (Legacy) a
wholly owned subsidiary of the Spectra organization, Inc., for the development
of the Legacy at 45th Street Project (Project);
B) approve a Budget Transfer
in the amount of $1,250,000 within the HIP Fund to recognize the allocation of
HIP funds to the Project; and
C) delegate authority to the County
Administrator, or designee, to execute the Loan Agreement, amendments thereto, and all other documents
necessary for project implementation and that do not substantially change the
scope of work, terms or conditions of the Loan Agreement.
SUMMARY: On October 18, 2022, the Palm Beach County
Board of County Commissioners (BCC) approved an American Rescue Plan Act
Replacement Fund (ARPA-RF) award for $5,500,000 for the development of the
Project. The Project entails construction of a 48 multi-family rental
development, which includes no fewer than 34 County-assisted units. Due to
complications with the supplier/manufacturer, substantial increasing costs of
local labor and materials, increased modular units costs from new
supplier/manufacturer, increased total development costs, and other factors,
Legacy has had to identify additional resources to complete the Project. Other
sources of development funding for the Project include a loan from the Palm
Beach County Housing Authority (Spectra Loan 1 and Spectra Loan 2) and
increased funding from the City of West Palm Beach (City). Staff requested a
longer affordability period and Legacy has agreed to affordability for 50 years
for all County-assisted units. The units are restricted to 44 units at or below
80% of the Area Median Income (AMI) ($85,650 for a household of four (4)), and
four (4) units at or below 60% AMI ($64,260 for a household of four (4)) as
required by HOME Investment Partnerships Program funding from the City. Total
County investment for this project is 28.9%. Funding sources for this Project
are as follows:
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APRIL 8, 2025
5. REGULAR
AGENDA
C. HOUSING & ECONOMIC DEVELOPMENT
(cont’d.)
2. SUMMARY (cont’d.): The developer has agreed to maintain rents
at 80% of Florida Housing Finance Corporation’s established 80% AMI. Project
rents for the 34 County assisted units are noted below:
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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)
APRIL 8, 2025
5. REGULAR
AGENDA
C. HOUSING & ECONOMIC DEVELOPMENT
(cont’d.)
3. Staff recommends
motion to adopt:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (BCC) OF PALM BEACH COUNTY,
FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) AS REQUIRED BY THE
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, SUBSECTIONS
420.907-420.9079, FLORIDA STATUTES (F.S.), AND RULE CHAPTER 67-37, FLORIDA
ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE COUNTY ADMINISTRATOR, OR
DESIGNEE, TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE
STATE; AUTHORIZING THE SUBMISSION OF THE LHAP FOR REVIEW AND APPROVAL BY THE
FLORIDA HOUSING FINANCE CORPORATION (FHFC); AND PROVIDING FOR AN EFFECTIVE
DATE. SUMMARY: Palm Beach County (County) has participated in the SHIP
Program since 1993. The State requires
that the County submit an LHAP to FHFC every three (3) years. The proposed LHAP, which is due May 2, 2025,
covers Fiscal Years 2025-2026, 2026-2027 and 2027-2028. By approving this LHAP and submitting it to
FHFC, the County will be in a position to receive funding under the SHIP
Program during the three (3) upcoming years when the State makes funding
allocations to participating jurisdictions.
The proposed LHAP maintains the existing strategies: Purchase
Assistance, First Mortgage Loan Assistance Program, Owner Occupied Housing
Rehabilitation, Utility Connection, Emergency Repairs, Replacement Housing,
Disaster Assistance, Foreclosure Prevention, Rental Housing Assistance,
Developer Assistance Rental Program and Single Family New Construction. The LHAP strategies are detailed in
Attachment 1. Additionally, the proposed LHAP includes a definition for Project
Delivery Costs which will be used to clarify costs associated with project
implementation, and a first priority ranking for Veterans, Special Needs and
Senior Citizens. SHIP regulations
require that at least 65% of a local jurisdiction’s allocation be earmarked for
homeownership activities. These are State SHIP funds which require no
local match. Countywide (HJF)
APRIL 8, 2025
5. REGULAR
AGENDA
D. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to:
A) approve on preliminary reading and permission
to advertise for public hearing on Tuesday, June 3, 2025 at 9:30 a.m.: an
Ordinance amending Palm Beach County (County) Code Chapter 17, Article I,
Ordinance No. 95-23 reimposing the six (6) cent local option fuel tax upon
every gallon of motor fuel and diesel fuel sold in the County; providing for
relevy; effective dates; distribution of proceeds; severability; repeal of
ordinances in conflict; inclusion in the code of laws and ordinances; captions;
and an effective date;
B) approve the 2025 Interlocal Agreement to Re-determine, Re-adopt,
and Ratify the existing distribution formula for the six (6) cent local option
fuel tax (ILA) with the City of Atlantis;
C) approve the ILA with the Town of Loxahatchee Groves;
D) approve the ILA with the Town of Juno Beach;
E) approve the ILA with the Village of Wellington; and
F) approve the ILA with the City of South Bay.
SUMMARY: This Ordinance amends Ordinance No. 95-23 by
relevying the six (6) cent local option fuel tax (Tax) that expires on August
31, 2025. This Tax will be effective
beginning September 1, 2025 through August 31, 2055. Section 336.025, Florida Statutes, authorizes
the Board of County Commissioners (BCC) to levy fuel taxes on the sale of every
gallon of motor fuel and diesel fuel sold in the County. This Tax is pursuant to Section 336.025(1)(a)
and is one of several taxes levied on the sale of fuel. The Tax was originally
levied by Ordinance No. 83-14 at a rate of two (2) cents, and increased to four
(4) cents by Ordinance No. 85-19.
Ordinance No 86-23 increased the levy to six (6) cents effective through
August 1995, and Ordinance No. 95-23 extended the effective date through August
2025. The County currently receives
66.5648% of this Tax revenue and municipalities collectively share the
remaining 33.4352%, pursuant to the distribution formula based upon population
and roadway lane miles, as described in the ILA.
APRIL 8, 2025
5. REGULAR
AGENDA
D. ENGINEERING & PUBLIC WORKS
(cont’d.)
1. SUMMARY (cont’d.): Use of proceeds from this Tax is restricted to transportation expenditures that include: a) public transportation operations and maintenance; b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment; c) roadway and right-of-way drainage; d) street lighting installation, operation, maintenance, and repair; e) traffic signs, traffic engineering, signalization, and pavement markings, installation, operation maintenance, and repair; f) bridge maintenance and operation; g) debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads and sidewalks. The ILA must be executed prior to June 1, 2025 by the BCC and enough municipalities, which represent a majority of the population of the incorporated area. The ILA was prepared in coordination with the League of Cities (League), reviewed by the Engineering and Public Works Department (EPW), the Office of Financial Management and Budget (OFMB), and the County Attorney’s Office. The League is conducting outreach to all eligible municipalities in the County for ILA execution and will be forwarding the ILAs to the County for approval upon receipt. Countywide (YBH)
APRIL 8, 2025
5. REGULAR
AGENDA
E. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends
motion to approve:
A) a Lease Agreement (Lease) with MG Congress, LLC, a Florida limited
liability company (MG), for a portion of the property located at 1200 South
Congress Avenue in Palm Springs (Premises), for Palm Tran connection
paratransit operations, for a term of 8 years at an annual rent of $2,065,000
(i.e., $172,083.33/month) with 3% annual increases; and
B) a Budget Transfer of $1,035,417 in Palm Tran Operating Fund 1340 to fund
Fiscal Year 2025 of the Lease.
Summary: The subject facility sits on approximately 12 acres and includes a
47,792 square foot building located at 1200 South Congress Avenue in Palm
Springs. MG has entered into a contract to purchase the property. The
County seeks to enter into this Lease for the Premises to be used for Palm Tran
paratransit operations. The term of the Lease is for eight (8) years,
with two (2) seven (7)-year renewal options. The Lease commencement date is
contingent on MG’s (i) acquisition of the property, (ii) obtainment of all use
approvals from the Village of Palm Springs allowing the County to use the
Premises for paratransit operations, and (iii) completion of certain
improvements to the Premises by MG. Effective on the Lease commencement
date, the annual rent is $2,065,000 (i.e., $172,083.33/month), with annual
increases at 3%. This is a triple net lease; therefore, the County will
be responsible for maintenance, utilities, insurance, and taxes for the
Premises. The County’s obligation to pay property taxes shall be capped at
$400,000 for the first (1st) full calendar year following lease
commencement. If the taxes for the first (1st) full calendar
year exceed $400,000, the rent shall be decreased in the amount above the
$400,000. To fund the first (1st) year of the Lease, Palm Tran
requires a budget transfer to decrease the Operating reserves budget line item
and increase the Rent – Building reserves budget line item; this budget
transfer requires Board of County Commissioner (BCC) approval. Palm Tran
supports this Lease as it will allow for greater efficiency and efficacy in
performing paratransit operations with multiple vendors. Palm Tran will
have administrative responsibilities for this Agreement. (Property & Real Estate Management) District
3 (HJF)
APRIL 8, 2025
5. REGULAR
AGENDA
F. INTERGOVERNMENTAL AFFAIRS
1. Staff recommends
motion to receive and file: Mid-Session Legislative Update for the 2025
State Legislative Session. Summary:
County staff will present the 2025 Mid-Session Legislative Update to inform the
Board of County Commissioners what has transpired during the first half of the
2025 State Legislative Session. This presentation will include updates of the
County’s legislative and appropriation priorities that were approved by the
Board of County Commissioners on January 7, 2025. Countywide (SS)
* * * * * * * * * * * *
APRIL 8, 2025
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 8, 2025
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
APRIL 8, 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.
APRIL 8, 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."