City of West Palm Beach City Commission DRAFT AGENDA. December 3, :00 P.M.

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1 City of West Palm Beach City Commission DRAFT AGENDA December 3, :00 P.M. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY CLERK'S OFFICE, 401 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401, {(561) } CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: CIVILITY AND DECORUM: The City of West Palm Beach is committed to civility and decorum by its officials, employees and members of the public who attend this meeting. The City Code, Secs. 2-31(8), 2-31(18) and 2-31(22), provides in pertinent part: Officials shall be recognized by the Chair and shall not interrupt a speaker.

2 DRAFT COMMISSION AGENDA PAGE 2 Public comment shall be addressed to the City Commission as a whole and not to any individual on the dais or in the audience. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted. Offenders may be removed from the meeting. ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: CONSENT CALENDAR (1-13): 1. Minutes of the Special City Commission Meeting of November 5, Agenda Cover Memorandum No.: Minutes of the Regular City Commission Meeting of November 5, Agenda Cover Memorandum No.: Resolution No approving an Interlocal Agreement with the West Palm Beach Community Redevelopment Agency for CRA funding of a portion of the upgrades to the Waterfront electrical system and approving an Underground Distribution Facilities Installation Agreement with Florida Power & Light to perform the electrical upgrades. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA; APPROVING A FUNDING AGREEMENT BETWEEN THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF WEST PALM BEACH FOR THE WATERFRONT ELECTRICAL PROJECT; APPROVING A UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No As the popularity of the Waterfront grows, additional enhancements have been anticipated to continue promoting the Downtown Waterfront as a world class destination. Improvements currently being contemplated are electrical enhancements required in order to produce the popular events bringing visitors to West Palm Beach.

3 DRAFT COMMISSION AGENDA PAGE 3 The current electrical capacity of the electrical system serving the Waterfront is insufficient to maintain the events produced along the Waterfront, including the City's own Fourth on Flagler and the Palm Beach International Boat Show. The Palm Beach Boat show has operated in Downtown West Palm Beach for the last ten years and during that time has experienced substantial growth. It is currently one of the top five boat shows in the country and brings a record number of visitors to Downtown West Palm Beach. The electrical system enhancements being requested will allow the Waterfront to continue to host the Palm Beach International Boat Show and allow the City to continue to produce popular events along the Waterfront. Relocation of current electrical equipment will also open up space and allow for a waterfront playground for children and families. A companion item was presented to the CRA, pursuant to which the CRA may agree to commit a maximum of $69,832 for the necessary electrical upgrades for the North side of the Project. The Palm Beach International Boat Show has also agreed to contribute funding to this project for the work to be done on south side. Resolution No approves the Project funding Interlocal Agreement with the CRA and approves Underground Distribution Facilities Installation Agreement with FPL to perform the Project work. COMMISSION DISTRICT: This project is in Commission District 3: Commissioner Paula Ryan. 4. Resolution No authorizing an interlocal agreement with Palm Beach County for installation of license plate readers on traffic signal support structures. Agenda Cover Memorandum No.: Approve Resolution No The Police Department is in the midst of completing various components of the Real Time Crime Center funded primarily by the proceeds from the sale of the old City Hall property in FY2017. A significant component of this project is the installation of license plate readers at strategic locations throughout the City. This interlocal agreement with Palm Beach County will allow the City to install the plate readers on traffic signal support structures which are operated by Palm Beach County and the infrastructure permits. The agreement sets conditions and responsibilities for installation, removal, damage and other administrative details. The ability to use these structures rather than building stand-alone readers is a cost benefit to the City. Resolution No authorizes execution of the Interlocal Agreement for the Installation of License Plate Readers on Traffic Signal Support Structures.

4 DRAFT COMMISSION AGENDA PAGE 4 5. Resolution No approving an agreement between the City of West Palm Beach and the Downtown Development Authority to related to funding for the Motionloft, Inc. pedestrian and vehicle counter contract and Resolution No (F) to provide budget appropriations for revenue and expense. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND THE CITY OF WEST PALM BEACH REGARDING FUNDING MOTIONLOFT PEDESTRIAN AND VEHICLE COUNTERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND TO PROVIDE FOR THE RECEIPT OF FUNDS FROM THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND APPROPRIATION OF BUDGET FOR MOTIONLOFT PEDESTRIAN AND VEHICLE COUNTERS: PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No and Resolution No (F). The Downtown Development Authority previously engaged Motionloft Inc. to install pedestrian/bicycle counters on the 300 block of Clematis. The sensors benchmark pedestrian and vehicle traffic counts and provide data to optimize city planning and operations. The City now desires to contract with Motionloft and expand the pedestrian/bicycle counters throughout the downtown. This will give a more comprehensive view of pedestrian traffic and numbers. This will also assist in future planning objectives. The City has entered into an Agreement with Motionloft, Inc. to lease and install the pedestrian and vehicle count sensors throughout the downtown. The total cost of the agreement for a one-year term is $48, The Downtown Development Authority has agreed to fund 50% of the cost of the Agreement. Resolution No (F) provides for the additional expenditure appropriation of $24, and the receipt of revenue from the DDA. Resolution No approves the contract and authorizes the City to accept $24, from the DDA to offset half the cost of the Motionloft contract.

5 DRAFT COMMISSION AGENDA PAGE 5 Resolution No (F) authorizes the appropriation of revenue and expense for the Motionloft project. Fiscal Note: Approval provides for the receipt of $24,347 from the DDA and a City match of $25,593 for a total budget of $49,940 for the Motionloft contract. 6. Resolution No (F) accepting and appropriating funds in the amount of $13, from Prime Time of Palm Beach County funded by the Children Services Council in recognition of the after-school programs at Gaines Park, Howard Park and South Olive Park achieving outstanding performance. These funds are solely to be used for program enhancements, staff development and staff recognition. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND TO PROVIDE FOR THE RECEIPT AND APPROPRIATION OF THE IMOTIVATE INCENTIVE AWARD FROM PRIME TIME OF PALM BEACH COUNTY TO PROVIDE AFTER SCHOOL PROGRAM ENHANCEMENTS, STAFF DEVELOPMENT AND STAFF RECOGNITION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). The imotivate incentive program is a Prime-Time strategy designed to further increase program quality within programs that participate in Prime Time s After School Quality Improvement System (QIS). The program is a performance-based recognition program that financially recognizes eligible QIS After School programs by giving them an incentive award, based on merit, to reinvest back into the program. The award amount is based upon a tiered process through which a program demonstrates implementation of advanced youth development, staff development, and program management practices. These practices are in concert and direct relationship with a program s voluntary participation and work in Prime Time's QIS. Funding is provided by the Children s Services Council of Palm Beach County based upon availability of funds and performance. This past year three of the City's After School Programs were eligible to receive an IMOTIVATE incentive award through Prime-Time Palm Beach County's QIS incentive program. They each received a Tier "1" status in the QIS program which requires programs to self-monitor as they have demonstrated a high level of quality programming and service delivery. When a program maintains "Maintenance" through PrimeTime's After School

6 DRAFT COMMISSION AGENDA PAGE 6 QIS an incentive award is granted. imotivate requires that the incentive award be spent on program enhancements, staff development and staff recognition. Gaines Park Community Center, Howard Park Community Center and South Olive Park Community Center have been recognized as leaders in the PrimeTime's Quality Improvement System and recipients of the incentive award. Gaines Park was awarded $4,489, Howard Park was awarded $3,308 and South Olive was awarded $5,738. Fiscal Note: Upon approval, an additional $13,535 will be added to the General Fund budget for after school program enhancements at Howard Park Community Center, Gaines Park Community Center and South Olive Park Community Center. 7. City Commission approval is requested for the Mayor's appointment of Mr. Sean Bernardeau to the Sustainability Advisory Committee for a term of two years (2) to expire November 6, Mr. Bernardeau does not live or work in the City of West Palm Beach and it is required that the City Commission confirms his appointment. Agenda Cover Memorandum No.: City Commission approval is requested for the Mayor's reappointment of Mr. Thomas J. McCarthy and Mr. Daniel T. Canavan to the Construction Board of Appeals for a term of three years (3) to expire on November 1, Mr. McCarthy and Mr. Canavan have served over the maximum number of terms (3) and it is required that the City Commission confirms their reappointments. Agenda Cover Memorandum No.: City Commission approval is requested for the Mayor's reappointment of Mr. Steve Mayans to the Planning Board for a term of three years (3) to expire on November 25, Mr. Mayans has served over the maximum number of terms (3) and it is required that the City Commission confirms his appointment. Agenda Cover Memorandum No.: Resolution No approving a Settlement Agreement in the matter of Stephen P. Padilla, as Personal Representative of the Estate of Herminio Padilla, Jr., Decedent v. City of West Palm Beach, Palm Beach County, Town of Palm Beach, City of Lake Worth and City of Riviera Beach for an initial amount of $92, and if a Claims Bill is passed, an additional amount of $54, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE MATTER OF STEPHEN P. PADILLA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HERMINIO PADILLA, JR., DECEDENT V. CITY OF WEST PALM BEACH, PALM BEACH COUNTY, CITY OF LAKE WORTH, TOWN OF PALM BEACH AND CITY OF RIVIERA BEACH, FILED IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH

7 DRAFT COMMISSION AGENDA PAGE 7 COUNTY, FLORIDA, CASE NO CA014143XXXXMBAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Herminio Padilla, Jr. was an employee of the City of West Palm Beach who worked at the East Central Regional Water Reclamation Facility (the ECR ), which is operated by the City of West Palm Beach. Mr. Padilla died as the result of an accident on January 17, 2015 while performing services on an elevated catwalk at the ECR. The Estate of Herminio Padilla, Jr. filed a complaint for wrongful death against City of West Palm Beach, Palm Beach County, Town of Palm Beach, City of Lake Worth and City of Riviera Beach to wit: STEPHEN P. PADILLA, as Personal Representative of the Estate of HERMINIO PADILLA, JR., Decedent v. CITY OF WEST PALM BEACH, PALM BEACH COUNTY, CITY OF LAKE WORTH, CITY OF RIVIERA BEACH, AND TOWN OF PALM BEACH, filed in the Fifteenth Judicial Circuit, In and For Palm Beach County, Florida, Case No.: CA014143XXXXMBAN. After many years of litigation, the parties to the case elected to settle the claim rather than to incur the expense and uncertainty of the result of litigation. Specifically, the Paintiff agreed to accept a global settlement of the entire matter for the sum of $400,000.00, including all attorney's fees and costs, in exchange for a release of all claims. However, the settlement is contingent on the following conditions: 1. The Defendants shall pay $300,000 to Plaintiff pursuant to the following breakdown: CITY OF WEST PALM BEACH $92,727. PALM BEACH COUNTY $68,181. TOWN OF PALM BEACH $27,273. CITY OF RIVIERA BEACH $43,638, CITY OF LAKE WORTH $68,181; and 2. Thereafter, the Defendants are in agreement with and in support of Plaintiff obtaining a Claims Bill for the remaining $100,000. Assuming the Claims Bill is passed, Defendants will pay accordingly: CITY OF WEST PALM BEACH $54,091. PALM BEACH COUNTY $22,727. TOWN OF PALM BEACH $4,545. CITY OF RIVIERA BEACH $7,273. CITY OF LAKE WORTH $11,

8 DRAFT COMMISSION AGENDA PAGE 8 3. The settlement amounts are contingent upon each Defendants Commission or Board s Approval of the Settlement Terms. 4. Plaintiff agrees to dismiss his claims with prejudice against each Defendant. In Addition, Plaintiff agrees that the ECR will also be released under the terms of the settlement. 5. The City agrees to waive its Workers Compensation Lien. 6. The City agrees to renaming a road at the ECR after Herminio Padilla, Jr. 7. The City agrees to recommend the establishment of a bench with a plaque memorializing Herminio Padilla, Jr. 8. Each party will bear their own costs and attorney fees; and 9. The Release applies to West Palm Beach, Palm Beach County, Town of Palm Beach, City of Riveria Beach, City of Lake Worth, and the ECR. This settlement does not constitute a finding or determination by the Court of any Wrongdoing nor an admission by any party, regarding the merits, validity or accuracy of any of the allegations, claims or defenses asserted by Plaintiff. The Settlement Agreement represents the compromise of the disputed claims in lieu of extensive litigation. Resolution No approves this settlement. Fiscal Note: $92,727 within the Risk Management budget for similar litigation. 11. Resolution No approving a First Amendment to the Project Funding Interlocal Agreement with the West Palm Beach Community Redevelopment Agency to provide additional funding for the Downtown Alley Pilot Project; Resolution No (F) amending the personnel detail of the Public Works Department; and Resolution No (F) providing appropriations. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THAT PROJECT FUNDING INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE DOWNTOWN ALLEY PILOT PROJECT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, TO AMEND THE FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL OF THE GENERAL FUND

9 DRAFT COMMISSION AGENDA PAGE 9 BUDGET FOR THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND BUDGET TO PROVIDE APPROPRIATIONS TO THE DEPARTMENT OF PUBLIC WORKS FOR PERSONNEL EXPENSES RELATED TO THE DOWNTOWN ALLEYWAY CLEANUP PILOT PROGRAM AND TO RECOGNIZE THERE WILL BE AN OFFSETTING SALARY REDUCTION FUNDED BY THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No , Resolution No (F) and Resolution No (F). By Resolution Nos and , the West Palm Beach Community Redevelopment Agency ( CRA ) and the City Commission, respectively, approved a funding Interlocal Agreement to fund the pilot project for the alleyways along with a rate study that will determine downtown sanitation rates moving forward. The initial CRA funding was in the amount of $177,780, to allow the commencement of the pilot program in the very short term. The City and CRA executed that certain Project Funding Interlocal Agreement between the City of West Palm Beach and the West Palm Beach Community Redevelopment Agency for Alleyway Cleanup Pilot Project, dated July 31, 2018 (the Interlocal Agreement ). Thereafter the CRA approved the SRA s Strategic Finance Plan, Amendment No. 13, for Fiscal Year 2019, which included additional funding for the full fiscal year for the Alleyways Pilot Program (with funding thereafter dependent on the City). The CRA agreed to provide additional funding for the Alleyway Pilot Project to hire five additional Public Works employees, as proposed, and to purchase the rest of the equipment/materials determined to be needed for the pilot program. Such funding is in the amount of $588,345. Resolution No approves the First Amendment to the Interlocal Agreement to provide for the additional funding from the CRA. COMMISSION DISTRICT: This project is in Commission District 3: Paula Ryan. Fiscal Note: Upon approval, 5.0 FTE's will be added to the Sanitation Division of the Public Works

10 DRAFT COMMISSION AGENDA PAGE 10 Department and will be funded by the Downtown / City Center CRA. In accordance with the terms of the interlocal agreement hereby approved, a total of 8 FTE's will be funded by the CRA for 12 months and the CRA will purchase equipment needed to implement the goals of the project. Additional funding is in the amount of $588, Resolution No authorizing the assessment of city liens in the total amount of $30, for unpaid water service, sewer service, and stormwater service charges for the month of September A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ASSESSMENT OF CITY LIENS FOR UNPAID WATER SERVICE, SEWER SERVICE, AND STORMWATER SERVICE; PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS AGAINST THE ASSESSED PROPERTIES, SAVE AND EXCEPT A LIEN FOR TAXES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent payments due for utility services. The liens to be assessed by Resolution No are for unpaid water service, sewer service, and stormwater service charges for the month of September The list of properties to be assessed and the associated charges are attached to Resolution No as EXHIBIT A - Utility Lien List - September If not paid, these liens may be foreclosed by the City. Fiscal Note: No fiscal impact. 13. Resolution No approving the Mediation Settlement Agreement dated November 7, 2018, in the amount of $75, in the matter of Elroy Phillips v. Michael Ghent, individually, Brian Kapper, individually, Bradley Emmons, individually, and Unknown Officers of the West Palm Beach Police Department, individually. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MEDIATION SETTLEMENT AGREEMENT DATED NOVEMBER 7, 2018, FOR $75, IN THE MATTER OF ELROY A. PHILLIPS V. MICHAEL GHENT, INDIVIDUALLY, BRIAN KAPPER, INDIVIDUALLY, BRADLEY EMMONS, INDIVIDUALLY, AND

11 DRAFT COMMISSION AGENDA PAGE 11 UNKNOWN OFFICERS OF THE WEST PALM BEACH POLICE DEPT., INDIVIDUALLY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Elroy Phillips, acting on his own behalf, filed a complaint for damages against the City of West Palm Beach, former West Palm Beach Police Officer Michael Ghent, individually, West Palm Beach Police Officer Brian Kapper, individually, West Palm Beach Police Officer Bradley Emmons, individually, and Unknown Officers of the West Palm Beach Police Department, individually, in Federal Court. In the complaint, Mr. Phillips alleges that former officer Michael Ghent and several other officers at the West Palm Beach Police Department conspired to frame him for crimes he did not commit. Although the City of West Palm Beach was dismissed from the case, Mr. Phillips maintains that based on the unlawful actions of the City of West Palm Beach Police Officers, he was wrongfully convicted and sentenced for those crimes. Mr. Phillips challenged several of his convictions in federal court and some of the convictions were vacated by the Court. Mr. Phillips was seeking $3 million dollars in damages based on false arrest and false imprisonment. He alleges significant loss of time, convenience and hardship due to the actions of the City of West Palm Beach Police Officers. After mediation, an agreement has been reached with Mr. Phillips to resolve all of his claims against the City, its former officers and its current officers for $75, and thereby ending all of his claims for damages. Fiscal Note: The settlement monies above are being paid by the City's excess insurance carrier as we have met the deductible. PUBLIC HEARING (14): 14. Public Hearing and First Reading of Ordinance No amending the Code of Ordinances at Chapter 66, the Procurement Code, to create the Minority/Women Business Enterprise Program as recommended by the results of the Disparity Study. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ADOPTING THE DISPARITY STUDY; AMENDING THE CODE OF ORDINANCES, AT CHAPTER 66 - PROCUREMENT, TO CREATE ARTICLE XI - MINORITY / WOMEN BUSINESS ENTERPRISE PROGRAM; TO AMEND OR CREATE THE FOLLOWING SECTIONS TO PROVIDE FOR IMPLEMENTATION OF THE MWBE PROGRAM: SECTION 66-4, PURPOSE AND DEFINITIONS; SECTION 66-32, AUTHORITY AND DUTY OF THE

12 DRAFT COMMISSION AGENDA PAGE 12 PROCUREMENT OFFICIAL; SECTION 66-63, REQUESTS FOR PROPOSALS; SECTION PROFESSIONAL SERVICES; SECTION 66-71, SELECTION OF RESPONDENT, BEST VALUE; AND SECTION , BID EQUALIZATION FOR SMALL BUSINESSES; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for December 17, The City of West Palm Beach contracted with Mason Tillman Associates, Ltd., to conduct a statistical analysis of the City's utilization of minority and women-owned businesses in both the award of prime contractors and in subcontractor participation. The result of such analysis has been produced in the Disparity Study Final Report for the City of West Palm Beach, dated September 2016, along with the Additional Report, dated June 2018, which provide evidence of statistically significant underutilization of available minority and woman-owned businesses for certain types of City procurements. The United States Supreme Court affirmed in the City of Richmond v. J.A. Croson Co., 488 U.S. 469 (S. Ct. 1989), that, pursuant to the Fourteenth Amendment, a state or local entity may take action, in the form of a race conscious minority business program to rectify the effects of systemic racial discrimination in awarding contracts. In enacting a race and gender conscious contracting program, the Supreme Court has held that a local government must first demonstrate statistically significant underutilization of available minority and woman-owned businesses. The Supreme Court further held that in certain circumstances, a gender-biased program can be justified if it intentionally and directly assists the members of that sex who are disproportionately burdened. The Supreme Court established that any race and gender conscious contracting program must be narrowly tailored to address the specific discrimination found to exist. The City Commission of the City or West Palm beach intends to eliminate discrimination against minority and woman-owned businesses where it has been demonstrated by the Disparity Study that there exist material disparities between the availability and the use of minority and/or women business enterprises for City-contracts. Ordinance No creates the Minority Women Business Enterprise Program (MWBE Program) under the Procurement Code, a program narrowly tailored to address the specific discrimination found, both with respect to the type of contract or procurement in which discrimination has been demonstrated and the race, gender or ethnicity of those subject to discrimination.

13 DRAFT COMMISSION AGENDA PAGE 13 Based on the Disparity Study, the types of contracts and procurements in which disparity was found are construction contracts valued at $500,000 and under, professional services contracts $350,000 and under, and goods and services contract up to $225,000. Based on the Disparity Study, the disparity remedies under the MWBE Program will include the following: -Prime Construction Contract - Contract valued at $500,000 or less will have a 5 percent (not to exceed $25,000.00) bid discount for eligible MWBE firms. -Construction Subcontractors - Maximum MWBE subcontractor goal of 15 percent of the contract value. Any bid failing to meet the goal shall be deemed non-responsive and disqualified. -CCNA Professional Services (Architects, Engineers, Landscape Architects & Surveyors) where the estimated contract value is $350,000 or less - Eligible MWBE shall be assigned 10 percent of the evaluation points. -CCNA Professional Services Subcontractors - The MWBE goal will be 9.92 percent of total contract value. -Consulting and other Services - For evaluation purposes the price submitted by an eligible MWBE firm will be given a 5 percent price discount. -Purchase of Goods - For purchases of $225,000 or less, eligible firms will receive a bid discount of 5 percent; not to exceed $11,250. Ordinance No makes several other additions and revisions to various sections of Chapter 66, the procurement code, so the MWBE Program can be implemented. Additionally, Ordinance No requires the Procurement Official to prepare quarterly reports to the City Commission regarding the MWBE Program and to make an annual presentation and recommendations regarding the Program. COMMENTS BY THE CITY COMMISSIONERS: COMMENTS BY THE MAYOR: ADJOURNMENT: *Pursuant to Resolution No , adopted according to the provisions of Section , Florida Statutes, members of the Commission shall disclose on the record: 1) ex-parte communications - verbal or written and written communications shall be placed in the record; and 2) site visits, investigations, etc. NOTICE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION OF THE CITY COMMISSION AT THIS MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE 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. THE CITY OF WEST PALM BEACH DOES NOT PREPARE OR PROVIDE SUCH A RECORD.