December 17, 2019

9:30am

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

DECEMBER 17, 2019

 

PAGE             ITEM

 

  7                    3A-1                MOVED TO REGULAR (NOW 5D-1)

 

22                    3I-2                 MOVED TO REGULAR (NOW 5E-1)

 

43                    5C-1               ADD-ON: Staff recommends motion to: A) Approve an updated term sheet (from December 3, 2019) which identifies the key provisions of a Developer Agreement (New DA) and Sports Facility Use Agreement (New SFUA) with Jupiter Stadium Limited (JSL) to; 1) facilitate renovation of the Roger Dean Chevrolet Stadium (RDCS) and 2) extends JSL’s use rights through April 2, 2048; and B) Authorize County Administrator or designee to commence negotiations of a New DA and New SFUA. SUMMARY: On December 3, 2019, the Board of County Commissioners (BCC, Board or County) considered the term sheet dated 11/15/19 and directed staff to re-negotiate certain terms to: 1) reduce the scope and cost of the project, and 2) reduce County contributions to debt service in a way that increases reserve balance in the first 10 years and leaves some funding for future unidentified projects in the same period.  In a revised proposal prepared by JSL and attached to this item, JSL indicates that it needs to tread cautiously on scope reductions as the Stadium is approaching 23 years old and the new term is for an additional 28 years, requiring  the facility to remain competitive with other venues from the visitor and player perspectives.  That being said, JSL and staff were able to reach agreement on amended terms. In addition to the $1,000,000 additional debt service contribution and escalating marketing/promotional efforts totaling $6,746,000 over the term of the agreement previously offered, the amended term sheet: 1) reduces the total project cost to $108,000,000; 2) reduces County contributions in Years 1 through 10, and 3) requires the County to issue a portion of the bonds as tax exempt to maximize construction proceeds.  All other terms remain the same as presented on December 3rd.   Assuming the use of Tourist Development Council  (TDC) staff’s very conservative revenue growth projections and that the annual renewal/replacement (R/R) contributions remain at the recommended $3,000,000/year across all TDC assets, these amended terms will increase the bed tax reserve to over 10% in all years but 2031 where it is at 8%.  After 2032, when the debt service payments on the existing Convention Center are completed, the capacity for new debt service will be largely restored.  The funding source for this future obligation will be from the 1st and 4th Cent Bed Tax and there is no ad valorem contribution, other than staff time. (FDO Admin) Countywide (MWJ)   

 

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


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

DECEMBER 17, 2019

 

 

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 7-38)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Pages 39-41)

 

 5.        REGULAR AGENDA (Pages 42-43)

 

 6.        BOARD APPOINTMENTS (Page 44)

 

 7.        STAFF COMMENTS (Page 45)

 

 8.        BCC COMMENTS (Page 46)

 

 9.        ADJOURNMENT (Page 47)

 

 

 

 

* * * * * * * * * * *


DECEMBER 17, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Interlocal agreement with seven municipalities to obtain a joint climate change vulnerability assessment

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments and other items

           

C. ENGINEERING & PUBLIC WORKS

Page 7

            3C-1   Receive a file a report of plat recordations from April-September, 2019

Page 8

            3C-2   Amendment to intergovernmental agreement which transferred certain traffic engineering services within the Town of Jupiter to Palm Beach County

            3C-3   Work task order to contract with Stantec Consulting Services Inc. for services related to the Congress Avenue over Lake Worth Drainage District L-24 Canal Bridge Replacement project

            3C-4   Interlocal agreement with the City of Riviera Beach Utility Special District regarding open cut in Palm Beach County maintained thoroughfare and non-thoroughfare roads

Page 9

            3C-5   Work order to contract with Ranger Construction Industries, Inc. for milling and resurfacing Donald Ross Road from Interstate 95 to Alternate A1A

 

            D. COUNTY ATTORNEY

Page 9

            3D-1   Settlement in the eminent domain action styled Palm Beach County v. Evelyn Paray

 

E. COMMUNITY SERVICES

Page 10

            3E-1    Receive and file modifications to grant agreements related to self-sufficiency services to low-income individuals

Page 11

            3E-2    Contract with The Salvation Army to provide emergency shelter to homeless individuals

Page 12

            3E-3    Contracts for provision of financial assistance with Coalition for Independent Living Options, Inc. and Gulfstream Goodwill Industries, Inc.

Page 13

            3E-4    Ratify the Mayor’s signature on the Ending the HIV Epidemic: A Plan for America grant application

            3E-5    Amendment to Interlocal agreement with the Health Care District of Palm Beach County relating to the Addiction Stabilization Center

Page4

            3E-6    Contract with The Salvation Army to provide emergency shelter to homeless families

 

F. AIRPORTS

Page 14

            3F-1    Receive and file four Palm Beach County Sheriff’s Office Trespassing Enforcement Affidavits

Page 15

            3F-2    Contract with Ranger Construction Industries, Inc. for the Fuel Farm and Wash Rack at the Palm Beach County Park Airport

            3F-3    Receive and file four consent to sublease documents

            3F-4    Declaration of drainage and sidewalk easements related to improvements to Wallis Road

 

 

 

DECEMBER 17, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 16

            3G-1   Receive and file the quarter ending 09/30/19 information for Children’s Services Council of Palm Beach County

            3G-2   Receive and file the adopted budgets for fiscal year 2020 for three CRAs

            3G-3   Negotiated settlement offer for full satisfaction of a code enforcement lien against the late Philip Castronova

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 16

            3H-1   Air Space License and Indemnity Agreement with 1370 South Ocean, LLC

Page 17

            3H-2   Receive and file amendment to the Infrastructure Surtax Project Funding Agreement with Ric L. Bradshaw for vehicle replacement

            3H-3   Receive and file Standard Equipment Use Agreement with Ric L. Bradshaw for the use of a sign board for an active shooter exercise at the airport

            3H-4   Receive and file standard license agreement for use of county-owned property with the Safety Council of Palm Beach County, Inc.

Page 18

            3H-5   Change order to contract with Hedrick Brothers Construction Co., Inc., for the Detention Facilities Renewal/Replacement-West Detention Center Pods A & B project

            3H-6   Receive and file Consultant Services Authorization with Song & Associates Inc. for completion of a comparative study and site analysis on the disposition of the Supervisor of Elections Production Facility project

Page 19

            3H-7   Contract with Omnicom Consulting Gro9up, Inc. for services associated with the countywide public safety radio system

            3H-8   Contracts with three firms to provide architectural services

Page 20

            3H-9   Amended and restated Interlocal agreement with the Florida Atlantic Board of Trustees for interoperable communications

            3H-10 Interlocal agreement with the Village of Tequesta for direct access to the County’s Public Safety Radio System

Page 21

            3H-11 Amended and restate Interlocal agreement with the School Board of Palm Beach County for interoperable communications

            3H-12 Amendment to contract with Robling Architecture Construction Inc., for roof and exhaust fan replacement project at the Water Utilities Department Central Regional Operations Center

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 22

            3I-1     Receive and file two certificates of award for developer affordable rental housing units to Ocean Breeze East Apartments, LLC

            3I-2     Amendment to agreement with the Business Development Board of Palm Beach County, Inc. to amend the scope of services

Page 23

            3I-3     Appointments to the Treasure Coast Regional Planning Council’s Comprehensive Economic Development Strategy Committee

Page 24

            3I-4     Impact Fee Affordable Housing Assistance funding to Palm Beach Habilitation Center Inc for their Memory Care Cindy Drive project

 

J. PLANNING, ZONING & BUILDING

Page 25

            3J-1    Interlocal agreement with the Village of North Palm Beach for the Village to provide building permitting services for accessory structures constructed within the C-17 canal portion located in the County

 

DECEMBER 17, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

K. WATER UTILITIES

Page 25

            3K-1    Work task order to contract with Hazen and Sawyer, P.C. for services related to the Southern Region Water Reclamation Facility for Headworks and Effluent Transfer Pumping Improvements

Page 26

            3K-2    Amendment to contract with Hinterland Group, Inc. extending the contract for nine months

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 26

            3L-1    State Financial Assistance Recipient Agreement with the Florida Department of Agriculture and Consumer Services for mosquito control activities

Page 27

            3L-2    Work order to contract with Eastman Aggregate Enterprises, LLC for dune restoration services for the Singer Island Dune Restoration project

            3L-3    Receive and file change order to Florida Department of Environmental Protection agreement for the Lake Worth Lagoon Initiative

 

M. PARKS & RECREATION

Page 28

            3M-1   Receive and file four executed Entertainment Contract Agreements

            3M-2   Receive and file three executed Sound and Light Production Service Contractor Agreements

Page 29

            3M-3   Receive and file executed Amphitheater Rental Agreement

            3M-4   Receive and file a Resident Caretaker Lease Agreement

            3M-5   Receive and file amendment to the Independent Contractor Agreement with Kiril Zahariev

            3M-6   Non-standard Special Event Area Rental Agreement with Delray Beach Arts, Inc. for Garlic Fest 2020

 

S. FIRE RESCUE

Page 30

            3S-1    Receive and file Business Associate Agreement with First Arriving LLC

            3S-2    Determination of agreement with Elite Medical Specialists, LLC

Page 31

            3S-3    Budget transfer to provide additional funding for the Public Emergency Medical Transportation

 

U. INFORMATION SYSTEMS SERVICES

Page 31

            3U-1   Rescind and replace Interlocal agreement with the Town of Lake Clarks Shores for network services

Page 32

            3U-2   Agreement for application hosting services with My Community Cares, Inc.

            3U-3   Receive and file executed task order with Surdex Corporation for the 2019 Palm Beach Coastal Orthphotography program

            3U-4   Task order to contract with BAE Systems Information & Electronic Systems Integration, Inc. for the 2019 Palm Beach Coastal Orthophotography program

 

X. PUBLIC SAFETY

Page 33

            3X-1    Ratify the Mayor’s signature of acceptance of grant from the United States Department of Justice, Office of Justice Programs, Office for Victims of Crime in support of victims of human trafficking

Page 34

            3X-2    Agreement with Peggy Adams Animal Rescue League of the Palm Beaches, Inc. for spaying/neutering at risk dogs and cats

 

 

 

DECEMBER 17, 2019

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

AA. PALM TRAN

Page 34

            3AA-1 Resolution approving an amendment to the Public Transportation Grant Agreement to help offset costs of acquiring bus equipment and new scheduling/routing software and equipment for Palm Tran Connection and Go Glades

Page 35

            3AA-2 Agreement with the Area Agency on Aging of Palm Beach/Treasure Coast to fund transportation services for the Division of Senior Services

 

CC. SHERIFF

Page 35

            3CC-1 Subgrant Agreement from the State of Florida Department of Transportation for the City of Lake Worth Impaired Driving Strategy

Page 36

            3CC-2 Grant Award for the FY20 Identify Theft and Fraud Grant program from the Florida Department of Law Enforcement

            3CC-3 Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Occupant Protection Program project

            3CC-4 Grant award for the FY2020 Statewide Criminal Analysis Laboratory System project from the Florida Department of Law Enforcement

Page 37

            3CC-5 SubAward and Grant Agreement for a FY2019 Operation Stonegarden grant

            3CC-6 SubAward and Grant Agreement for a FY19 State Homeland Security Grant

            3CC-7 Receive and file grant modification with the Office of National Drug Control Policy to provide additional grant funds for the Palm Beach County Narcotics Task Force

 

            DD. OFFICE OF EQUAL OPPORTUNITY

Page 38

            3DD-1 Receive and file the FY Extension of 2020 Worksharing Agreement with the U.S. Equal Employment Opportunity Commission

 

            EE. INTERNAL AUDIT

Page 38

            3EE-1 Reappointment to the Internal Audit Committee

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PUBLIC SAFETY

Page 39

            4A-1    Ordinance amending the Vehicle for Hire Ordinance

 

            B. ENGINEERING & PUBLIC WORKS

Page 39

            4B-1    Resolution abandoning public interest in a portion of Tracts 22 and 23, Model Land Company Subdivision of Section 14, Township 44 South, Range 42 East

Page 40

            4B-2    Resolution abandoning any public interest in a portion of the 25-foot platted right-of-way (ROW) lying east of and being contiguous with the east line of Tract 1, Block 4, Palm Beach Farms Company

Page 41

            4B-3    Five Year Road Program

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

            A. COMMUNITY SERVICES

Page 42

            5A-1    Ratify the Mayor’s signature on the 2019 U.S. Department of Justice Comprehensive Opioid Abuse Site-Based Program Award

 

B. PUBLIC SAFETY

Page 43

            5B-1    Resolution repealing and replacing resolution establishing fees and fines for the Vehicle for Hire Ordinance

C.FACILITIES DEVELOPMENT AND CONTROL

Page 43

            5C-1   Approve an updated term sheet identifying key provisions for Agreements with Jupiter Stadium Limited for Roger Dean Stadium

 

BOARD APPOINTMENTS

Page 44

            6A-1    Ratify the Palm Beach County League of Cities representatives to the Treasure Coast Regional Planning Council

 

STAFF COMMENTS (Page 45)

 

COMMISSIONER COMMENTS (Page 46)

 

ADJOURNMENT (Page 47)

 


DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: an interlocal agreement (ILA) with Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Lake Worth Beach, Lantana, and Ocean Ridge to conduct a joint climate change vulnerability assessment (CCVA) of the listed municipalities geographic area and adjacent areas of unincorporated Palm Beach County. SUMMARY: Since 2017, municipalities in southeastern Palm Beach County and staff from the County’s Office of Resilience have been meeting to discuss strategies to address climate change impacts across jurisdictional boundaries. Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Lake Worth Beach, Lantana, and Ocean Ridge now seek to formalize a partnership with Palm Beach County to conduct a joint CCVA for those areas within the boundaries of each participating municipality and unincorporated Palm Beach County. This collaborative approach will reduce costs while fostering synergy and consistency in assessing vulnerability, prioritizing needs, and implementing strategies to enhance climate resilience. The ILA provides the framework for completing the CCVA with the City of Lake Worth Beach serving as fiscal agent for the contract with the selected consultant. The Florida Department of Environmental Protection’s Florida Resilient Coastlines Program has awarded the group two grants to fund this work: $72,000 in FY 18/19 and $75,000 in FY 19/20. Palm Beach County will contribute $20,000, an amount approved for the FY 20 supplemental request. Participating municipalities will contribute remaining costs according to an agreed upon cost-sharing methodology. Countywide (RPB)

 

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

Meeting Type                                              Meeting Date

Workshop                                                      August 27, 2019

Special Meeting                                           September 16, 2019

 

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

 

4.         Staff recommends motion to receive and file: change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations; Water Utilities Department; Environmental Resources Department; and the Department of Airports during March 2018.

 

 

C.        ENGINEERING & PUBLIC WORKS

 

    1.    Staff recommends motion to receive and file: a report of plat recordations from April 1, 2019 through September 30, 2019. SUMMARY: This report is a bi-annual summary of subdivision plats recorded during the fiscal quarters since the previous report. There were 19 plats recorded during this period. This report is required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (YBH)

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) the third amendment to the intergovernmental agreement dated July 25, 1978 (R78-911), which transferred certain traffic engineering services for certain roads and intersections within the Town of Jupiter (Town) to Palm Beach County (County); to transfer jurisdictional control, maintenance responsibility, right-of-way ownership and traffic control jurisdiction for Indiantown Road from U.S. Highway One to County Road A1A/Ocean Boulevard (A1A) back to the Town; and

 

B) a county deed to convey the County’s interest in the above described section of Indiantown Road to the Town. 

 

SUMMARY:  In a letter dated November 26, 2018, the Town requested this transfer to allow the Town jurisdictional control of this section of Indiantown Road. Adoption of this third amendment to the intergovernmental agreement, and approval of the county deed, will give the Town jurisdictional control, maintenance responsibility, ownership of the right-of-way, and traffic control jurisdiction for this section of Indiantown Road.  Although the County normally reserves its interest in phosphates, minerals, metals and petroleum rights per Section 270.11, Florida Statutes, the Town has requested the release of this reservation because it requires the property to be free and clear without encumbrance. In accordance with Palm Beach County Ordinance (2009-052), a supermajority vote (5 votes) is required by the Board of County Commissioners (BCC) for all transfers of fee simple real property that requires BCC approval.  District 1 (YBH)

 

3.         Staff recommends motion to approve: a work task order to the structural engineering annual contract (R2017-0137) dated February 7, 2017 with Stantec Consulting Services Inc. (SCSI) in the amount of $117,068.51 for professional services for the Congress Avenue over Lake Worth Drainage District (LWDD) L-24 Canal Bridge Replacement (Project). SUMMARY: Approval of this work task order will provide the design services necessary for the project. The services include production of construction plans to replace the existing Congress Avenue bridge over the LWDD L-24 Canal. The solicitation for design professionals was advertised on August 7, 2016 and August 14, 2016. The annual contract was approved on February 7, 2017, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time. The SBE goal for all contracts was 15%. SCSI agreed to 31% SBE participation for the contract. Their SBE participation for this work task order is 34%. Their cumulative SBE participation to date including this work task order is 30%. SCSI is a Palm Beach County based company.  This project is funded by the infrastructure sales tax. Districts 3 & 4 (YBH)

 

4.         Staff recommends motion to approve: an interlocal agreement with the City of Riviera Beach Utility Special District (District) regarding open cuts in Palm Beach County (County) maintained thoroughfare and non-thoroughfare roads.  SUMMARY: The County has a policy that requires a surety to be posted for any construction in County rights-of-way that results in the open cutting of the pavement. The District has requested that the County instead enter into an agreement which would relieve the District from posting surety but require them to make any required repairs upon request by the County. Similar agreements have been executed with several other municipalities and special districts. This agreement will remain in effect until termination by either party. District 7 (YBH)

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve: Work Order 2018051-80 in the amount of $1,045,000 to mill and resurface Donald Ross Road from Interstate 95 to Alternate A1A utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger).  SUMMARY: Per County PPM CW-F-050, this work order exceeds the $200,000 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 the improvement. Prior to this work order, approximately $14 million of Ranger’s $31.4 million Contract has been spent or encumbered. On October 16, 2018, the BCC approved the Contract with Ranger to provide milling and resurfacing of County roadways for countywide projects. The Contract was renewed on October 22, 2019 with a 15% mandatory Small Business Enterprise (SBE) goal set as the Affirmative Procurement Initiative. Ranger agreed to 15% SBE participation for this work order. Approval of this work order will result in a cumulative SBE participation of 15% for all the work orders issued under the Contract. District 1 (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a settlement in the amount of $770,000, including attorney’s fees and all reasonable expert fees and costs for Parcels 1, 101, 201, and 301 in the eminent domain action styled Palm Beach County v. Evelyn Paray; et al., Case No. 502015CA001019XXXXMB(AO), for the construction and improvement of Haverhill Road, from south of Lake Worth Drainage District L-14 Canal to Lake Worth Road, in Palm Beach County. SUMMARY: The County has negotiated a settlement in the amount of $770,000, including attorney’s fees and reasonable expert fees and costs, subject to the approval of the Board of County Commissioners. The property taken includes a fee simple take of 1.7 acres from a 4.025-acre property improved with a single family residence, a permanent easement, and a temporary construction easement. The engineers and appraisers for the County and the property owners agreed that the vacant area of the land is buildable and suitable for residential development. The County deposited $251,510 in the court registry as its initial good faith deposit and estimate of value dated March 19, 2014. In preparation for trial, the County’s appraisal was updated and the updated value of the subject parcels through the date of deposit was $443,750. The property owner’s appraiser opined that the value of the subject parcels was $971,580. The settlement in this case, if approved, would compensate the property owners in the total amount of $660,000, plus $100,656.70 in attorney’s fees, and $9,343.30 for all reasonable expert fees and costs. Therefore, payment of an additional $518,490 would constitute full and final settlement of this case in its entirety, including all fees and costs. District 2 (DO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to:

 

A) receive and file Modification No. 2 to the Florida Department of Economic Opportunity (FDEO) Federal Fiscal Year (FFY) 2017 Community Services Block Grant (CSBG) Program Federally Funded Subgrant Agreement No. 17SB-0D-10-60-01-121 (R2017-0625), for the period October 1, 2016 through September 30, 2020, increasing the original grant agreement amount by $512,000.93 for a new total amount not to exceed $3,549,891.93, to provide self-sufficiency services to low-income individuals residing in Palm Beach County;

 

B) receive and file Modification No. 5 to the FDEO FFY 2019 Low-Income Home Energy Assistance Program (LIHEAP) Federally Funded Subgrant Agreement No. 17EA-0F-10-60-01-023 (R2017-0996), for the period April 1, 2017 through September 30, 2020, increasing the original grant agreement amount by $4,747,029 for a new total amount not to exceed $12,390,978, to provide energy payment assistance to approximately 7,000 low-income clients residing in Palm Beach County;

 

C) approve a budget amendment of $264,277 in the CSBG fund to reconcile the budget to the actual grant; and

 

D) approve a budget amendment of $3,136,378 in the LIHEAP fund to reconcile the budget to the actual grant.

 

SUMMARY: On August 20, 2019, the Board of County Commissioners ratified the Mayor’s signature for both Modification No. 2 to the FFY 2019 CSBG Federally Funded Subgrant Agreement No. 17SB-0D-10-60-01-021 and Modification No. 5 to the FFY 2019 LIHEAP Federally Funded Subgrant Agreement No. 17EA-0F-10-60-01-023. On November 1, 2019, the fully executed documents were received, and in accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. CSBG Modification No. 2 will increase the number of clients served with employment skills training, job placement services, resume training, financial management training, rental assistance, utility assistance and case management services. In FFY 2017, 83 program participants completed vocational training that lead to employment. LIHEAP Modification No. 5 will enable the Community Action Program to provide assistance to low-income households with energy bills and crisis assistance to prevent service disconnection and to restore utility services. In FFY 2018, energy services were prevented from disconnection or restored to a total of 7,879 households. No County funds are required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: a contract for Consulting/Professional Services with The Salvation Army, for the period October 1, 2019 through March 31, 2020, in an amount totaling $82,350, to provide emergency shelter to individuals who are homeless. SUMMARY: This contract will provide emergency shelter for nine homeless individuals per night that are referred from the Palm Beach County Division of Human & Veteran Services (DHVS) Homeless Outreach Programs: Parks to Work Initiative and Assertive Community Outreach Initiative or any other outreach effort. Parks to Work is a program designed to assist homeless individuals in Palm Beach County parks. Assertive Community Outreach provides comprehensive services to individuals who are diagnosed with severe mental illness, whose needs have not been met by a more traditional service delivery model. Individuals targeted are those that have been homeless for extended periods of time with medical, substance, and/or mental health issues that make them unemployable by mainstream employers. The individuals will be provided with shelter, case management, employment assistance and rapid re-housing or permanent supportive housing placement assistance. Since the inception on February 12, 2018, 37 individuals have participated in the Parks to Work program. Currently, 56% of the participants are housed through emergency shelter and/or supportive housing, 100% of the participants in the program received mainstream intensive case management, which includes: medical care, treatment for substance use disorders, mental health, behavioral health, vocational skills, employment skills and financial education and 20% of the participants have maintained full time employment outside of the Parks to Work program. (Division of Human and Veteran Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: the contracts for Provision of Financial Assistance with the below listed agencies, for the period October 1, 2019 through September 30, 2021, in an amount totaling $288,094, of which $144,047 is budgeted for FY 2020 with an anticipated annual allocation of $144,047 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of these contracts, to provide services in the service category of senior homelessness. 

 

A) Coalition for Independent Living Options, Inc., for the provision of emergency financial assistance, life skill training, public benefit application and linkages with community resources, in an amount not to exceed $88,094, of which $44,047 is budgeted in FY 2020 with an anticipated annual allocation of $44,047 in each subsequent fiscal year for the term of this contract; and

 

B) Gulfstream Goodwill Industries, Inc., for the provision of financial assistance, roommate matching and short term case management, in an amount not to exceed $200,000, of which $100,000 is budgeted in FY 2020 with an anticipated annual allocation of $100,000 in each subsequent fiscal year for the term of this contract.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $144,047 of the total FAA funding allocation of $13,299,507 in FY 2020. The Coalition for Independent Living Options, Inc. will provide a new service under the senior housing category. Under the new contract, 20 families will be assisted with emergency financial assistance, life skill training, public benefit application and linkages with community resources. Gulfstream Goodwill Industries, Inc. will provide a new service under the senior housing category. Under the new contract, 55 families will be assisted with financial assistance, roommate matching and short term case management. Joshua Butler, an employee of Gulfstream Goodwill Industries, Inc. is a member of the Homeless Advisory Board. The Homeless Advisory Board provides no regulation, oversight, management, or policy-setting recommendation regarding the agencies listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the Ending the HIV Epidemic: A Plan for America Grant application with the U.S. Department of Health and Human Services (DHHS), Health Resources and Services Administration (HRSA), for the period of March 1, 2020 through February 28, 2025, in the amount of $4,000,000 for year one with an increase in each year of the project period over the course of five years, for new programs to reduce HIV infections in Palm Beach County by 75%; and

 

B) delegate to the County Administrator or designee signatory authority on any other necessary documents related to executing and implementing the Ending the HIV Epidemic initiatives.

 

SUMMARY: Palm Beach County, as a jurisdiction hardest hit by the HIV epidemic, is eligible for a significant infusion of federal resources as part of a new ten year national initiative to end the HIV epidemic in the United States by 2030. This funding opportunity is additive to the current funding received through the Federal Ryan White Part A HIV Emergency Relief Program, and will allow for expansive, innovative, and modern approaches to service delivery for persons living with HIV/AIDS. The Grant Year 2020 budget requests $4,000,000, allowing the Community Services Department to extend services to approximately 360 additional Palm Beach County residents currently not receiving care. An increase of $1,000,000 has been requested in each subsequent year of the project period, totaling $30,000,000 over the course of five years. The emergency signature process was utilized because there was insufficient time to submit this item through the regular agenda process. DHHS will issue notice of grant awards no sooner than January 2020, with services required to begin March 1, 2020. Delegated authority is requested to comply with grantor timeline requirements. No County match is required. (Ryan White Program) Countywide (HH)

 

5.         Staff recommends motion to approve: Amendment No. 1 to Interlocal Agreement between the Health Care District of Palm Beach County (HCD) and Palm Beach County (the Board) (R2019-0153), relating to the Addiction Stabilization Center (ASC), to change the effective date of the Interlocal Agreement from January 15, 2019 to October 1, 2019. SUMMARY: On January 15, 2019, the Board approved an Interlocal Agreement with HCD for the establishment of an ASC. The agreement was for a period not to exceed 12 months in duration and includes two 12 month options to renew. The ASC opened in October 2019 at the JFK Medical Center North to address the immediate and critical care of individuals experiencing opioid and other drug overdoses. It provides a central location with an emergency room component that allows for lifesaving overdose intervention and a behavioral health component, which includes immediate psychiatric identification of the best treatment to assist patients in addressing their addiction moving forward. HCD opened an additional Medication Assisted Treatment (MAT) outpatient clinic, which is located on the property. The MAT outpatient clinic also provides immediate stabilization when needed and assessment to best identify treatment pathways. The amendment of the County’s Interlocal Agreement with HCD is necessary to align the term of this agreement with the term of the separate agreement between the HCD and JFK Medical Center Limited Partnership, d/b/a JFK Medical Center North Campus (JFK), concerning operation and financial assistance for the ASC. Coordinating the start date of both agreements will assist with the financial reconciliation process. Countywide (HH)

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to approve:  a contract for Provision of Services with The Salvation Army, for the period October 1, 2019 through September 30, 2020, in an amount totaling $148,745.46, to provide emergency shelter to homeless families. SUMMARY: On July 2, 2019, the Board of County Commissioners approved the Palm Beach County Action Plan for Fiscal Year 2019-2020, which allocated $546,649 in Emergency Solutions Grant (ESG) funds to non-profit agencies to provide assistance to the homeless and those at risk of becoming homeless. The contract will fund activities which include payment for the cost of operating and maintaining emergency shelters. Activities include case management, rental assistance, food, maintenance, utility assistance, security, equipment, insurance and supplies for emergency shelter. The population being served with ESG funds are homeless families. In 2016, The Salvation Army expended 98% of the $93,000 award and served 170 individuals, in 2017, 100% of the $84,178 award was expended and 146 individuals were served and in 2018, 100% of the $110,656 award was expended and 114 individuals were served. The Salvation Army is expected to serve 96 individuals in the emergency shelter program under the new contract. These funds require a matching contribution, which will be provided by The Salvation Army. No County funding is required. (Division of Human and Veteran Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  four Palm Beach County Sheriff’s Office (PBSO) Trespassing Enforcement Affidavits (Affidavits) for the Department of Airports:

 

A) Affidavit for the Palm Beach International Airport (PBI) commencing 10/25/2019;

 

B) Affidavit for the North Palm Beach County General Aviation Airport (F45) commencing 10/30/2019;

           

C) Affidavit for the Palm Beach County Glades (Pahokee) Airport (PHK) commencing 10/30/2019; and

 

D) Affidavit for the Palm Beach County Park (Lantana) Airport (LNA) commencing 10/30/2019;

 

SUMMARY: When trespassing violations occur at the airports, the Affidavits enable PBSO to enforce the trespassing statutes. Delegation of authority for execution of standard form Affidavits was approved by the BCC in R2009-1163. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A) a contract with Ranger Construction Industries, Inc. (Ranger) in the amount of $1,803,569.59 and 270 calendar days for the Fuel Farm and Wash Rack at Palm Beach County Park (Lantana) Airport; and

 

B) a budget transfer of $851,570 in the Airport's Improvement and Development

Fund including a transfer from Reserves in the amount of $851,570.

 

SUMMARY: The project was advertised utilizing the County’s competitive bid process.  On July 23, 2019, two bids were received for the Fuel Farm and Wash Rack at Lantana Airport.  Of the two bids, Ranger, a Palm Beach County company, has been identified as the lowest responsible/responsive bidder in the amount of $1,803,569.59. The project includes construction of fuel farm and wash rack systems as well as pavement reconstruction of the southern portion of the General Aviation West Apron pavement.  The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 6%.  Ranger has committed to a minimum of 8.37% DBE participation for this contract.  Countywide (AH)

 

3.         Staff recommends motion to receive and file: four Consent to Sublease (Consent) documents, consenting to the sublease by Atlantic Aviation West Palm Beach LLC d/b/a Atlantic Aviation PBI (Atlantic) at the Palm Beach International Airport (PBI), with the following subtenants:

 

1. Executive Aviation Corporation, effective 6/1/2019;

 

2. Chartright Air Licensing Corporation, effective 9/1/2019;

 

3. Paradigm Jet Management, effective 3/1/2019; and

 

4. AIRDHD, LLC, effective 9/1/2019.

 

SUMMARY:  Atlantic provides fixed based operator services for general aviation aircraft at the PBI pursuant to a Lease Agreement dated October 18, 2000 (R2000-1067), as amended.  The Lease Agreement provides for the sublease of space subject to the County’s consent.  Delegation of authority for execution of the standard form consent to sublease was approved by the Board in R94-1453. Countywide (AH)

 

4.         Staff recommends motion to approve:

 

A) a Declaration of Drainage Easement for a dry detention area and underground culvert pipe for surface water runoff associated with improvements to Wallis Road, between Haverhill Road and Military Trail, west of the Palm Beach International Airport (PBI); and

 

 

B) a Declaration of Sidewalk Easement for sidewalk and related improvements associated with the improvements to Wallis Road.

 

SUMMARY:  Wallis Road is being improved from Haverhill Road to Military Trail, west of PBI. The Declaration of Drainage Easement allow surface water runoff from Wallis Road to be directed to a dry detention area and through an underground culvert pipe, both on a portion of Airport property within PBI’s future runway protection zone, to the Lake Worth Drainage District (LWDD) L-4 Canal. The Declaration of Sidewalk Easement will provide for a sidewalk and related improvements associated with the Wallis Road improvements. Countywide (HF)

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to receive and file: the Quarter Ending 09-30-2019 information for Children’s Services Council of Palm Beach County. SUMMARY: The Children’s Services Council has submitted their Quarter Ending 09-30-2019 information as per Section 125.901, Florida Statutes. Countywide (DB)

 

2.         Staff recommends motion to receive and file: the Riviera Beach Community Redevelopment Agency (CRA), Downtown Boca CRA, and Delray Beach CRA Adopted Budgets for Fiscal Year 2020. SUMMARY: The Riviera Beach CRA, Downtown Boca CRA, and Delray Beach CRA have submitted their Adopted Budgets for Fiscal Year 2020 as per Section 163.387(6)(b), Florida Statutes. Countywide (DB)

 

3.        Staff recommends motion to approve:  a negotiated settlement offer in the amount of $50,000 for the full satisfaction of a code enforcement lien that was entered against the late Philip Castronova on July 6, 2011. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on March 2, 2011 for property owned by the late Philip Castronova giving him until May 1, 2011 to bring his property located at 6768 Turtle Point Drive into full code compliance. The property had been cited for three expired building permits that needed to be reactivated or obtain new permits and have final inspections performed. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Philip Castronova on July 6, 2011. The Code Enforcement Division issued an affidavit of compliance for the property on June 12, 2019 stating that as of June 12, 2019 the cited code violations had been fully corrected. The total accrued lien amount on June 30, 2019, the date on which settlement discussions began, totaled $148,326.07. The heirs of the late Mr. Philip Castronova have agreed to pay Palm Beach County $50,000, (33.7%) for full settlement of his outstanding code enforcement lien. District 3 (SF)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: an Air Space License and Indemnity Agreement (Agreement) with 1370 South Ocean, LLC (South Ocean) pursuant to which the County will permit South Ocean to utilize the air space above County property to operate a crane to facilitate a construction project on property abutting County property. SUMMARY: South Ocean is the Property Manager for the construction project located at 550 Quadrille Blvd., West Palm Beach, FL 33401, more commonly known as the One West Palm Project.  This property abuts the Offices of the Public Defender and State Attorney, and is in close proximity to the Main County Courthouse.  In exchange for permitting South Ocean’s access to the air space above the County’s property, County is able to ensure South Ocean maintains adequate protections for safety, indemnification, and insurance. The aggregate amount of insurance to be maintained by South Ocean and its sub-contractors is $25 million dollars. South Ocean is only permitted to operate the arc and boom portion of the crane above County property, and is not permitted to swing any material being hoisted over County property. The term of this Agreement is for 48 months, approximately the time it will take to complete the construction project. This Agreement may only be terminated by mutual agreement of the parties, South Ocean providing written notification it no longer requires the use of the crane, expiration of the insurance South Ocean and its sub-contractors are required to maintain, or if South Ocean has an operator or equipment safety failure which impacts County property and the parties cannot agree to corrective actions to prevent future occurrences.  (FDO Admin) District 2/Countywide (LDC)

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to receive and file:

 

A) the first amendment to the Infrastructure Surtax Project Funding Agreement for the administration and funding of FY2019 vehicle replacement dated October 22, 2019, with Ric L. Bradshaw, Sheriff of Palm Beach County (Sheriff) extending the term from November 13, 2019 to November 14, 2020; and

 

B) a standard Infrastructure Surtax Project Funding Agreement for the administration and funding of FY2020 vehicle replacement dated October 22, 2019, with Ric L. Bradshaw, Sheriff of Palm Beach County (Sheriff) in the amount of $3,650,514, for the period of October 22, 2019 to October 22, 2020.

 

SUMMARY:  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  The attached first amendment and standard agreement have been fully executed on behalf of the Board of County Commissioners (Board) by the Director of Facilities Development & Operations. The standard agreement was approved by the Board on April 4, 2017, Agenda 5C-3. These executed documents are now being submitted to the Board to receive and file. (FDO Admin) Countywide (LDC)

 

3.         Staff recommends motion to receive and file: a Standard Equipment Use Agreement with Ric L. Bradshaw, Sheriff of Palm Beach County, Florida for a period of September 27, 2019 through September 29, 2019, for the use of one Sign Board for an active shooter exercise at the airport. SUMMARY:  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The attached standard agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee.  The Equipment Use Agreement was approved by the Board on October 1, 2013, Agenda 3H-2. This executed document is now being submitted to the Board to receive and file. (FDO Admin) Countywide (LDC)

 

4.         Staff recommends motion to receive and file:

 

A) a standard License Agreement for Use of County-Owned Property for a period of September 27, 2019 to November 27, 2020, with the Safety Council of Palm Beach County, Inc., (North and West County Senior Centers) and;

 

B) a standard License Agreement for Use of County-Owned Property for the periods of October 12, 2019 to October 19, 2019; and January 17, 2020 to February 2, 2020, with the South Florida Fair and Palm Beach County Expositions, Inc., (Weisman Way Wheel Lot).

           

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

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve: Change Order No. 29 to the contract with Hedrick Brothers Construction Co., Inc. (R2016-0430) decreasing the Guaranteed Maximum Price (GMP) for the Detention Facilities Renewal/Replacement-West Detention Center Pods A & B project in the amount of $351,944.  SUMMMARY:  On May 1, 2018, the Board approved Amendment No. 3 to the contract with Hedrick Brothers Construction Co., Inc., (R2018-0663) in the amount of $7,553,277 to complete the renewal and replacement project at the West Detention Center Pods A&B. The project replacements include, but are not limited to, the roof, doors, windows, hot water heaters, generators, intercom, locking control/intercom wiring, epoxy flooring and the creation of a backup control room in pod A. Advanced diagnostic testing of the existing wiring for the locking control that operates the door systems was conducted, and it was determined that the existing wiring did not need to be replaced. Change Order No. 29 is to delete the requirement to replace the locking control conduits and wire. The solicitation for construction manager (CM) was advertised according to the Small Business Enterprise (SBE) Ordinance in place at the time, with a 15% SBE participation goal. The CM is not an SBE. The new cumulative SBE participation for this contract, including the decrease defined in Change Order No. 29 is 75.66%. Hedrick Brothers Construction Co., Inc., is a Palm Beach County business. The funding source for this project is from the Infrastructure Sales Tax Fund. All savings will be returned to the infrastructure sales tax fund. (Capital Improvements Division) Countywide/District 6 (LDC)

 

6.         Staff recommends motion to receive and file: Consultant Services Authorization (CSA) No. 1 to the professional services contract (R2019-1586) with Song & Associates Inc. (Consultant) for the completion of a comparative study and site analysis on the disposition of the Supervisor of Elections Production Facility Project located at 4215 Cherry Road West Palm Beach (Cherry Road Complex) in the amount of $94,375. SUMMARY: On October 8, 2019, the Board of County Commissioners (BCC) authorized the County Administrator or designee to execute CSA No. 1 in an amount not to exceed $200,000, via Agenda Item 5D-5. This CSA authorized staff to prepare a more in-depth programming study and site analysis to develop options for a new production facility that meet the immediate and future needs of the Supervisor of Elections and compare a co-located option, which relocates both the main administration office and Production Facility to the Cherry Road Complex (Comparative Study). The study will: 1) validate/confirm the program/needs, and 2) specifically look at opportunities, challenges and costs, including continuity of operations during construction of an entirely new facility versus the co-located option currently contemplated. The County will evaluate the results of the comparative study in order to determine the most appropriate solution to be used as the scope of the project to be designed. The attached CSA was fully executed on behalf of BCC by the Director of the Facilities Development and Operations Department. In accordance with  the County Policy and Procedures Manual (PPM) CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The solicitation for design professionals was advertised pursuant to the requirements of the Equal Business Opportunity ordinance. The project was presented to the Goal Setting Committee on May 15, 2019, and Affirmative Procurement Initiatives of 20% Small Business Enterprise (SBE) participation and SBE Evaluation Preference were applied. The prime consultant selected is a minority business enterprise and submitted 80% SBE participation on the contract. Participation on this CSA is 99.44%. Anne Gerwig is a 1% owner of Gerwig & Associates, a subcontractor on this project. Anne serves on the Citizens Advisory Committee on Health and Human Services, which is a purely advisory committee of the Board of County Commissioners. The Citizens Advisory Committee provides no regulation, oversight or policy setting recommendations regarding this contract, which was procured competitively. This disclosure is made pursuant to Section 2-443(d) of the Palm Beach County Ethics Code. Funding for this project is from the Public Building Improvement Fund. (Capital Improvements Division) District 7 (LDC)

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: a contract with Omnicom Consulting Group, Inc., to provide engineering and management services associated with the countywide public safety radio system on an as-needed basis through December 16, 2024.  SUMMARY: The purpose of this continuing contract is to pre-select a consultant to provide engineering and management services to upgrade, maintain, operate and make modifications to the Public Safety Radio System county wide. The projects to be assigned will have a construction value less than $2,000,000 or a study limited to $200,000. Consultant fees will be negotiated on an individual basis for the identified projects. This contract will be for five years. This continuing contract was solicited pursuant to the requirements of the Equal Business Opportunity Ordinance. This continuing contract was presented to the Goal Setting Committee (GSC) on May 1, 2019 and the committee established an Affirmative Procurement Initiative (API) of Small Business Enterprise (SBE) Evaluation Preference that awarded 15 points for SBE prime respondents during selection. No mandatory SBE subcontracting goal was applied by the GSC to this continuing contract due to the specialized nature of the services to be performed. Omnicom Consulting Group Inc. is not an SBE, but proposes to achieve  15% SBE participation by engaging qualified SBE sub-consultants based on the individual project scopes. S/M/WBE actual participation will be identified on each consultant services authorization (CSA), and will be tracked cumulatively over all CSAs issued under this contract. (Capital Improvements Division) Countywide (LDC)

 

8.         Staff recommends motion to approve: contracts with three firms to provide architectural services on an as needed basis through December 16, 2024:

 

            Consultant                                           Status                SBE or Non-SBE

            A) Architecture Green LLC                     Local                            SBE

             B) Colome & Associates, Inc.                Local                            S/WBE            

            C) Song & Associates, Inc.                    Local                            S/M/WBE

 

SUMMARY: The purpose of these continuing contracts is to pre-select consultants to provide architectural services for capital improvement or renovation projects county wide. The projects to be assigned will have a construction value less than $2,000,000 or study activity limited to $200,000. Consultant fees will be negotiated on an individual basis for the identified projects. These contracts will be for five years. This continuing contract was solicited pursuant to the requirements of the Equal Business Opportunity Ordinance. This continuing contract was presented to the Goal Setting Committee on August 7, 2019, and the committee established Affirmative Procurement Initiatives of a 20% mandatory small business enterprise (SBE) subcontracting goal on the contract and an SBE evaluation preference for the selection. Architecture Green LLC committed to an SBE participation goal of 100%, Colome’ & Associates, Inc committed to an SBE participation goal of 100% and Song & Associates, Inc. committed to an SBE participation goal of 100%. S/M/WBE actual participation will be identified on each consultant services authorization (CSA), and will be tracked cumulatively over all CSAs issued under the contract. (Capital Improvements Division) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Florida Atlantic University Board of Trustees (Participant), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Participant from December 17, 2019 through December 16, 2024. 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.  This Agreement is intended to replace the Interlocal Agreement R2002-0886 between County and Participant, amended by First Amendment R2007-0953, by Second Amendment R2013-0263, and by Third Amendment R2017-0869, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies. The County’s System will not be utilized for routine operational communications by the Participant. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement.  The 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.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

10.       Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Village of Tequesta (Participant) to allow for direct access to the County’s Public Safety Radio System (System) retroactively from July 21, 2019 through July 20, 2024.  SUMMARY: This Agreement provides the terms and conditions under which the Participant can directly access the System.  This Agreement is intended to terminate and replace Interlocal Agreement (R2014-1037) between County and Participant. The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The Participant has been interoperable with the County’s System since 2003. The annual fees are consistent with those being charged to the County Departments.  In addition, the Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause on October 1st of any year, with a minimum of six months’ notice. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

11.       Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the School Board of Palm Beach County (School Board), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the School Board retroactively from March 31, 2019 through March 30, 2024. SUMMARY: This Agreement provides the terms and conditions under which the School Board can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications.  This Agreement is intended to replace the Interlocal Agreement (R2004-0568) between County and School Board, amended by First Amendment R2009-1085, and by Second Amendment R2014-0926 and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies. The County’s System will not be utilized for routine operational communications by the School Board.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement.  The School Board is required to pay all costs associated with the School Board’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

12.       Staff recommends motion to approve: Amendment No. 13 to the continuing construction management (CM) contract with Robling Architecture Construction Inc., (R2016-0762) in the amount of $1,580,323.26 for the Water Utilities Department Central Regional Operations Center (WUD CROC) Roof and Exhaust Fan Replacement project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 180 days from notice to proceed.  SUMMARY: On June 21, 2016, the Board of County Commissioners (BCC) approved the continuing CM contract with Robling Architecture Construction Inc, for construction management services for capital projects under $2,000,000. The existing roof at the WUD CROC has outlived its service life, developing leaks and requiring increased maintenance. The existing generator storage pavilion is not equipped with proper ventilation to evacuate diesel exhausts while performing routine generator maintenance. The work consists of removing the flat roof system of six existing buildings, replacing them with new built-up roofing systems and adding a mechanical exhaust system to the existing open air pavilion/housing generators that will remove diesel fumes. The Construction Manager under the continuing CM contract was selected pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is an SBE and a Palm Beach County business utilizing all local subcontractors. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this Amendment is 28.07%. To date the Construction Manager has achieved 37.20% SBE subcontracting participation under its continuing contract. The funding source for this work is the Water Utilities Department (WUD) Operation & Maintenance Fund. (Capital Improvements Division) District 2 (LDC)

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to receive and file: two Certificates of Award for Developer Affordable Rental Housing Units to Ocean Breeze East Apartments, LLC, under the Impact Fee Affordable Housing Assistance Program (IFAHAP). SUMMARY: Staff recommends the Board of County Commissioners (BCC) receive and file two Certificates of Award for Developer Affordable Rental Housing Units to Ocean Breeze East Apartments, LLC, under IFAHAP.  The attached documents to this agenda have been executed on behalf of the BCC by the Mayor in accordance with Agenda Items 5B-1 and 5A-1 as approved by the BCC on February 5, 2019, and July 2, 2019, respectively. The certificates awarded a total of $318,248 in IFAHAP assistance associated with the construction of 123 apartments at 700 North Seacrest Boulevard in Boynton Beach.  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. IFAHAP funds are from interest earned by the Impact Fee Fund. District 7 (HJF)

 

2.         Staff recommends motion to approve: Amendment No. 3 to the Agreement (R2016-1422) with the Business Development Board of Palm Beach County, Inc. (BDB) to amend the Scope of Services. SUMMARY: On September 27, 2016, the Board of County Commissioners (BCC) entered into an Agreement (R2016-1422), as amended (R2017-1707) on November 7, 2017 and as amended (R2018-2066) on December 18, 2018, with the BDB to provide business recruitment, expansion, and retention services and general marketing for Palm Beach County.  The Agreement period is from October 1, 2016 through September 20, 2021 and is in the fourth year of its five year term. The public/private partnership between the County and the BDB works toward creating a stable and diverse economic climate throughout Palm Beach County. The Agreement’s Scope of Services is reviewed annually and revised as appropriate to capitalize on changes within the Palm Beach County economy and business community. These revisions include: requiring BCC appointees to the BDB Board of Directors to be private business leaders; adding standard contract language regarding the Office of the Inspector General in Palm Beach County; facilitating BCC and County staff participation in BDB events; the addition of general manufacturing to new company recruitment efforts; an increase in the number of Palm Beach County economic development-related publications; and a revision in the number of Academic Leaders Council meetings. The revised Scope of Services is provided as an attachment to this Agenda Item. These are County Ad Valorem funds. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to approve: appointment/reappointment of the following individuals to the Treasure Coast Regional Planning Council’s Comprehensive Economic Development Strategy (CEDS) Committee, for the January 1, 2020 to December 31, 2021 term.

 

Appoint:                                Nominated By:

Alan Chin Lee                      Commissioner Valeche      Commissioner McKinlay

                                                Commissioner Kerner         Commissioner Bernard

                                                Commissioner Weinroth

 

Thuy Shutt                            Commissioner Valeche      Commissioner McKinlay

                                                Commissioner Kerner         Commissioner Bernard

                                                Commissioner Weinroth

 

Reappoint:                           Commissioner Valeche      Commissioner McKinlay

Charles Duval                      Commissioner Kerner         Commissioner Bernard

                                                Commissioner Weinroth

 

Gary Hines                            Commissioner Valeche      Commissioner McKinlay

                                                Commissioner Kerner         Commissioner Bernard

                                                Commissioner Weinroth

 

Nepoleon Collins                 Commissioner Valeche      Commissioner McKinlay

                                                Commissioner Kerner         Commissioner Bernard

                                                Commissioner Weinroth

 

SUMMARY: The Treasure Coast Regional Planning Council (TCRPC) manages and maintains the CEDS Committee whose purpose is to oversee and guide district-wide economic development planning. The TCRPC region is comprised of Palm Beach, Martin, St. Lucie and Indian River Counties.  The CEDS Committee is a requirement of the U.S. Department of Commerce Economic Development Administration and is comprised of five appointees from each of the participating counties. The TCRPC annually requests the Board of County Commissioners (BCC), as the appointing authority for Palm Beach County, to review its existing members, and to either appoint or reappoint members.  Staff recommends the appointment and reappointment of the above five individuals. Gary Hines of the Business Development Board of Palm Beach County, Inc. and Thuy Shutt of the Boynton Beach CRA have disclosed their employer’s existing contracts with the County. Staff has evaluated these contractual relationships and determined that the above Committee provides no regulation, oversight, management or policy-setting recommendations regarding any of the disclosed contractual relationships.  Alan Chin Lee is a current County employee. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. Countywide (RB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount of $3,511 to Palm Beach Habilitation Center Inc. (PBHC) for their Memory Care Cindy Drive project;

 

B) authorize the Mayor to execute a Certificate of Award to be released to the recipient pursuant to IFAHAP Guidelines;

 

C) approve a budget transfer of $3,168 in Impact Fee Assistance Program – Roads Zone 3 to appropriate funds for PBHC; and

 

D) approve a budget transfer of $343 in Impact Fee Assistance Program – Public Building to appropriate funds for PBHC.

 

SUMMARY: Staff recommends Board of County Commissioners’ approval for an IFAHAP funding award in the amount of $3,511 to PBHC for their Memory Care Cindy Drive project (Project). On April 1, 2019, the Department of Housing and Economic Sustainability issued a Notice of Funding Availability (NOFA) making $1,822,458 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2018 funding cycle.  On April 15, 2019, PBHC submitted an application in response to the NOFA.  Staff recommends that up to $3,511 be provided as a credit for impact fees associated with the Project.  PBHC will be given credits for Roads Zone 3 Impact Fees ($3,168), and Public Building Impact Fees ($343) for the construction of the Project.  PBHC will pay impact fees above the allocated $3,511. The Project entails construction of a six bed memory care group home for persons diagnosed with Alzheimer’s, dementia or age-related limitations located at 440 Cindy Drive in Wellington. According to IFAHAP requirements, all six units will be for rent to persons with incomes no greater than 140% of Area Median Income. The assisted units will be restricted to remain affordable for 20 years. These funds are from interest earned by the Impact Fee Fund. District 6 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: an Interlocal Agreement between Palm Beach County (County) and the Village of North Palm Beach (Village) for the Village to provide building permitting services for accessory structures to be constructed within the portion of the C-17 canal right-of-way located in the County. SUMMARY: The County recently identified several properties where a portion of the property is located within the C-17 canal right-of-way located in unincorporated County while the remaining portion is located within the Village. Any primary structures located on these properties are located within the Village. Property owners desiring to construct accessory structures, such as docks or boatlifts, within this portion of the C-17 canal right-of-way are unable to obtain permits from the County as the Unified Land Development Code prohibits construction of accessory structures without a primary structure.  Property owners are currently unable to obtain permits from the Village, as the accessory structures are proposed to be located in a portion of property located in unincorporated County. The Village will therefore provide building permitting services for accessory structures to be constructed within the portion of the C-17 canal right-of-way located in the County where the associated primary structures are located in the Village. The initial term of the Interlocal Agreement is through September 30, 2020, and will be automatically renewed on an annual basis thereafter unless terminated.  District 1 (CK)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Work Task Order No. 2 to the Consulting/ Professional Services Southern Region Water Reclamation Facility (SRWRF) Engineering Services for Headworks and Effluent Transfer Pumping Improvements (Contract) with Hazen and Sawyer, P.C., (Consultant) for a total amount of $234,352.46. SUMMARY:  On July 12, 2016, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract (R2016-0905) with the Consultant to provide design, permitting, bidding and construction phase services for the Southern Region Water Reclamation Facility Headworks and Effluent Transfer Pumping Improvements (Project). Work Task Order No. 2 includes additional construction phase services necessary to support WUD in successfully constructing the Project. The additional construction phase services include; construction progress meetings, responses to requests for information, review of contractor payment requests, review of change orders and resident project representative support. The Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 SBE Ordinance was 15% overall participation. The Contract provides for 20% SBE participation. Work Task Order No. 2 includes an overall SBE participation of 19.21% MBE (H). The cumulative participation, including Work Task Order No. 2, is 35.49% SBE which includes 22.76% MBE (H) and 12.73% WBE. Consultant is headquartered in New York, New York, but maintains an office in Palm Beach County from which the majority of the work will be undertaken. The Project is included in the WUD FY20 budget. (WUD Project No. 15-095) District 5 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 2 to the Water Utilities Department (WUD) Pipeline Continuing Construction Contract 2017 (Contract) with Hinterland Group Inc., (Contractor) to extend the Contract for an additional nine months, or until the new contract is issued under WUD solicitation No. 19-040; 2019 Pipeline Continuing Construction Contract, whichever may occur first. SUMMARY: On January 10, 2017, the Board of County Commissioners (BCC) approved the Contract (R2017-0072) with the Contractor. The Contract provides for materials and installation services for system wide raw water mains, potable water mains, reclaimed water mains, wastewater force mains and water service line projects in the amount of $22,637,321.63. The Contract included a 24-month term with the option of one 12-month renewal at the discretion of the County.        On December 4, 2018, Amendment No. 1 (R2018-1918) to the Contract renewed the Contract for an additional one year through January 9, 2020, with no cost increase to the Contract amount of $22,637,321.63. Amendment No. 2 to the Contract constitutes a nine month extension to the Contract through October 5, 2020, with no cost increase to the Contract amount of $22,637,321.63.  While this extension goes beyond the term and renewal periods set forth in the Contract, it is necessary for WUD to have an annual pipeline contractor in place in order to expedite pipeline projects without the need to re-bid each project.  Such an extension is permissible under Section 2-54(b) of the Purchasing Code where the BCC determines that the extension is beneficial to the interest, health, safety, or welfare of the County. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 Ordinance was 15% overall participation. The Contract provides for 15% SBE participation.  The cumulative SBE participation is 100%. Contractor is a Palm Beach County company. The project is included in the WUD FY20 Budget (WUD Project No.16-077) Countywide (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve State Financial Assistance Recipient Agreement No. 026501 (Agreement) and the Annual Certified Budget For Arthropod Control (Form 13617) with the Florida Department of Agriculture and Consumer Services (FDACS) for mosquito control activities performed during contract period December 1, 2019 through September 30, 2020, for an amount not to exceed $41,645.44; and

 

B) authorize the County Administrator or designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement, and necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the Agreement.

 

SUMMARY: The Agreement provides arthropod control state aid of up to $41,645.44 in quarterly installments to support mosquito control activities including source reduction measures, public education, personnel training and certification, mosquito population surveillance, larvacides, adulticides, equipment and alerts as approved by FDACS. A 25% County match ($13,822) is required. Countywide (SS)

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve Work Order No. 1394-1 to the Palm Beach County Dune and Beach Restoration Annual Contract (Federalized) (R2018-1394) (Contract), Project No. 2018ERM01 with Eastman Aggregate Enterprises, LLC (Eastman) for an amount not-to-exceed $925,276.81 providing for dune restoration services for the Singer Island Dune Restoration Project (Project); and

 

B) approve a budget amendment of $185,056 in the Beach Improvement Fund to recognize the City of Riviera Beach’s (City) cost share.

 

SUMMARY: Eastman, a Palm Beach County (County) company, will truck-haul sand to restore the Project area, which sustained erosion during the impact of Hurricane Irma.  This Federalized Contract requires no minimum SBE, or M/WBE participation. An Interlocal Agreement with the City was approved by the Board of County Commissioners (BCC) on October 16, 2012 (R2012-1597, as amended by R2013-0618 and R2014-1832) establishing a 20% cost-share of eligible project costs ($185,055.36). The remaining costs are provided from the Florida Department of Environmental Protection (FDEP) Grant No. 19PB17 ($221,346.00) and the Beach Improvement Fund ($518,875.45).  Federal Emergency Management Agency funding associated with Hurricane Irma damages is pending obligation and would further reduce the County share. District 1 (YBH)

 

3.         Staff recommends motion to receive and file: Change Order No. 1 to Florida Department of Environmental Protection (DEP) Agreement No. LP50202 (R2017-0082) (Agreement) for the Lake Worth Lagoon Initiative, deleting and replacing Attachment A, Project Timeline & Budget Detail. SUMMARY: Change Order No.1 reallocates $1,099.61 from the Contractual Services funds category to the Salary and Fringe category for Task #3. This allows for the full reimbursement of $200,000 for this task. The Agreement reimburses project costs and does not require match. This funding is part of the State of Florida Legislature’s General Appropriations Act. All other terms and conditions of the Agreement remain unchanged. Delegated authority to the County Administrator or designee to sign all future time extensions, task assignments, certification, and other forms associated with the Agreement was approved by the Board of County Commissions on January 10, 2017. In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item. Districts 1, 2, 3, 4, & 7 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following four executed Entertainment Contractor Agreements:

 

A) Blackwood Productions, LLC in an amount not to exceed $500 for the 2 Steps Back Concert at Canyon Amphitheater, on September 21, 2019;

 

B) Joseph J Cimino in an amount not to exceed $500 for the Rock Doctors Concert at Canyon Amphitheater, on October 19, 2019;

 

C) The Long Run Band, Inc in an amount not to exceed $2,000 for the Long Run Concert at Sunset Cove Amphitheater, on October 16, 2019; and

 

D) Katherine H Douglas in an amount not to exceed $2,000 for the Crystal Visions of Fleetwood Mac Concert at Seabreeze Amphitheater, on October 26, 2019.

 

SUMMARY: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  A sponsorship in the amount of $1,200 from Nostalgic America (R2019-0335) offset the expenses of the concerts at the Canyon Amphitheater.  These Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367.  The Department is now submitting these agreements in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. Districts 1 & 5 (AH)

 

2.         Staff recommends motion to receive and file: the following three executed Sound and Light Production Service Contractor Agreements:

 

A) Blackwood Productions, LLC in an amount not to exceed $650 for the Deadbeats Tour Concert at Sunset Cove Amphitheater, for the period October 19, 2019 through October 20, 2019;

 

B) Blackwood Productions, LLC in an amount not to exceed $4,000 for the Long Run Concert at Sunset Cove Amphitheater, for the period October 16, 2019 through October 17, 2019; and

 

C) Blackwood Productions, LLC in an amount not to exceed $1,680 for the Crystal Visions of Fleetwood Mac Concert at Seabreeze Amphitheater, for the period October 26, 2019 through October 27, 2019.

 

SUMMARY: These Sound and Light Production Service Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179.  The Department is now submitting these agreements in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. Districts 1 & 5 (AH)

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

3.         Staff recommends motion to receive and file:  the executed Amphitheater Rental Agreement between Palm Beach County and AEG Presents SE, LLC for the Deadbeats Tour Concert at Sunset Cove Amphitheater, for the period October 19, 2019 through October 20, 2019, in the amount of $3,500 or 10% of the adjusted gross ticket sales capped at $10,000, whichever is greater. SUMMARY:  This Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2011-1960 and is now being submitted to the BCC to receive and file. This program is a part of a balanced schedule of events which promotes the quality of life in the communities we serve. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

4.         Staff recommends motion to receive and file: a Resident Caretaker Lease Agreement with Jose F. Barajas, a full time County employee, for the residence at Jupiter Farms Park, executed on October 1, 2019. SUMMARY: This Resident Caretaker Lease Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2016-1606. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 1 (AH)

 

5.         Staff recommends motion to receive and file: a first amendment to the Independent Contractor Agreement between Palm Beach County and Kiril Zahariev, USA Swimming Program at North County Aquatic Complex, to increase the amount of the FY2019 agreement (R2018-2015) by $9,000 for a total amount not to exceed $169,000 for the period October 1, 2018 through September 30, 2019. SUMMARY: This Independent Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822.  The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 1 (AH)

 

6.         Staff recommends motion to approve:  a non-standard Special Event Area Rental Agreement with Delray Beach Arts, Inc., for Garlic Fest 2020 from February 1, 2020 through February 11, 2020, at John Prince Park. SUMMARY: The South Florida Garlic Fest is a premier food and entertainment event in South Florida. The event is dedicated to exploring the numerous health and culinary possibilities of garlic. Garlic Fest serves as a gathering festival focal point for musicians, artists of every genre, and culinary artists. Now in its 21st year, the South Florida Garlic Fest is affectionately known as “The Best Stinkin’ Party in Florida”.  This is the fourth year that this event will be held at John Prince Park. The term of the agreement is from February 1, 2020 through February 11, 2020.  Due to the success and increased scope of the event, a Special Event Area Rental Agreement is required. District 3 (AH)

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to receive and file: a Business Associate Agreement (BAA) with First Arriving LLC, effective retroactively on October 23, 2018.    SUMMARY:  Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations, BAAs must be entered into between a HIPAA covered entity and its HIPAA business associates which create, receive, maintain or transmit Protected Health Information on the HIPAA covered entity’s behalf. Fire Rescue is a HIPAA covered entity. On May 17, 2016, the Board adopted Resolution Number R2016-0589 authorizing the County Administrator or designee (County HIPAA Privacy Officer or other designee), to execute standard BAAs. This standard BAA has been fully executed by the County HIPAA Privacy Officer, and is now being submitted to the Board as a receive and file agenda item in accordance with Countywide PPM CW-O-051 for the Clerk and Comptroller’s Office to receive and file. Countywide (SB)

 

2.         Staff recommends motion to:

 

A) determine that, due to a recent change in the Fire Rescue Division Chief of Medical Services, maintaining consistency in the Medical Director by approving an additional 12 month extension to the Professional Service Agreement, as amended, with Elite Medical Specialists, LLC is beneficial to the interest, health, safety and welfare of the County; and

 

B) approve a third amendment to Professional Service Agreement with Elite Medical Specialists, LLC, formerly known as Kenneth A. Scheppke, M.D., P.A., for Fire Rescue Department Medical Director Services, to extend the Agreement for a one-year period from January 1, 2020 through December 31, 2020 in an amount not to exceed $198,300 for the one-year extension period.

 

SUMMARY: Pursuant to State law, Palm Beach County Fire Rescue, as an Emergency Medical Services Provider, must employ or contract with a medical director who is a licensed physician and meets the criteria set out in Chapter 401, Florida Statutes, and the Rules of the Department of Health, Chapter 64J-1, F.A.C. The current medical director was selected pursuant to a Request for Proposal (RFP) for Fire Rescue Department Medical Director Services issued on October 3, 2014.  The term of the Agreement was from January 1, 2015 through December 31, 2017, with two one-year renewal periods which will expire December 31, 2019. Pursuant to Section 2-54(b) of the County’s Purchasing Code, the Board can extend the agreement for up to an additional 12 months upon the Board’s determination that such an extension is beneficial to the interest, health, safety or welfare of the County. This amendment will extend the agreement for an additional one year under the same terms and conditions. Prior to the expiration of this one-year renewal period, the Fire Rescue Department will advertise a new RFP for medical director services. Countywide (SB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

3.         Staff recommends motion to approve:  a budget transfer of $350,000 within the Fire/Rescue MSTU Fund (Fund 1300) to provide additional funding to fully fund intergovernmental transfer(s) required for the Public Emergency Medical Transportation (PEMT) supplemental payment program for Medicaid managed care patients for the period of July 1, 2019 through June 30, 2020.  SUMMARY: Recently, the State of Florida, Agency for Health Care Administration (AHCA) established a Medicaid supplemental program to address Medicaid payment inadequacy. The Florida Medicaid Managed Care Supplemental Payment Program (also known as the “MCO” program) will allow qualifying government owned ambulance providers to receive supplemental payments for emergency transports of Medicaid managed care patients. In order to guarantee Federal share funding, intergovernmental transfers (IGT) from PEMT providers are required to cover the State’s share of the MCO program. It is expected that for each $1 provided by the IGT, approximately $2.60 will be received in revenue. On September 10, 2019, the Board adopted Resolution R2019-1462 which delegates authority to execute Letter(s) of Agreement (LOA) and other documents necessary to participate in this program, up to an amount budgeted by the Board for said IGTs. The Board also approved a $400,000 budget transfer to fund the County’s estimated IGT. With the initial estimate, the County would have received $600,000 in Federal funding, for a total allotment of approximately $1,000,000. Since the County’s initial estimate was prepared, AHCA revised their funding formula. These revisions have substantially increased the County’s IGT, as well as the anticipated net revenue to be received. According to the latest estimate, the County’s IGT is approximately $750,000 and the County should receive $1,200,000 in Federal funding, for a total allotment of $1,950,000. This budget transfer is necessary to provide additional funding to fully fund the IGT for the State’s fiscal year 2020. The State is still in the process of finalizing the LOA and has extended the deadline to return the LOA to December 31, 2019. Countywide (SB)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2015-1570;

 

B) approve the replacement Interlocal Agreement providing updated contract terms for network services with the Town of Lake Clarke Shores; and

 

C) authorize the County Administrator or designee to approve and execute Task Orders associated with these services, up to a maximum dollar value of $50,000 per Task Order.

 

SUMMARY:  The Town of Lake Clarke Shores has an existing Interlocal Agreement with Palm Beach County (R2015-1570) for network services. The County recommends rescinding the existing agreement and replacing it with a new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party.  This new Interlocal Agreement includes updated contract terms to provide network services to the Town of Lake Clarke Shores. The Florida LambdaRail, LLC has approved connection of the Town of Lake Clarke Shores to the Florida LambdaRail network. District 3 (DB)

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve agreement for application hosting services with My Community Cares, Inc. for an annual revenue of $4,815;

 

B) approve budget amendment of $3,740 in the General Fund to allocate funds and recognize revenue related to one-time installation costs; and

 

C) authorize the County Administrator or designee to approve and execute task orders associated with these services, up to a maximum dollar value of $50,000 per task order.

 

SUMMARY:  Under this agreement, Palm Beach County ISS will provide application hosting services to My Community Cares, Inc. for use of the RENEW Reentry application.  The agreement is for a period of one year with four automatic one-year renewals unless notice is given by either party, and will generate $4,815 in annual revenues to the County and fully reimburse the County for one-time installation costs estimated at $3,740. The Florida Division of Corporations acknowledges my Community Cares, Inc. as a Florida Not for Profit Corporation. Countywide (DB)

 

3.         Staff recommends motion to receive and file: the fully executed Task Order #3 to Contract R2017-0762 with Surdex Corporation in the amount of $90,900 for the 2019 Palm Beach Coastal Orthophotography Program. SUMMARY: Surdex Corporation provides geospatial services such as planimetric mapping, digital orthophotography, LiDAR processing and GPS survey in support of the County’s Geographic Information System. Task Order #3 initiates a project to acquire aerial photography and orthoimagery production for 926 square miles, which includes the eastern portion of the County and 6” ground sample distance areas of the western portion of the County. On June 6, 2017, Surdex Corporation was awarded Contract R2017-0762 to perform the required professional services for upcoming geospatial projects as part of the Information Systems Services Countywide Geographic Information System Capital Project. The Board of County Commissioners authorized the County Administrator or designee to negotiate and execute a series of task orders of less than $100,000 with Surdex Corporation. Countywide (DB)

 

4.         Staff recommends motion to:

 

A) approve Task Order #3 to Contract R2017-0763 with BAE Systems Information & Electronic Systems Integration, Inc. in the amount of $398,074 for the 2019 Palm Beach Coastal Orthophotography Program; and

 

B) approve a budget amendment of $199,037 in the Information Technology Capital Improvements Fund to allocate funds and recognize revenue related to a portion of the project cost to be paid by the Property Appraiser.

 

SUMMARY:  BAE Systems Information & Electronic Systems Integration, Inc. provides geospatial services such as planimetric mapping, digital orthophotography, LiDAR processing and GPS survey in support of the County’s Geographic Information System. Task Order #3 initiates a project to acquire oblique imagery for Palm Beach County; 707 square miles at 4” ground sample distance and 1,405 square miles at 9” ground sample distance.  The total cost of the project will be paid over two years and split equally between the Property Appraiser and Palm Beach County.  The SBE goal for this contract is 15%. Task Order #3 includes 0% participation due to the highly specialized task. The cumulative SBE participation including Task Order #3 is 19%. Countywide (DB)

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to: 

 

A) ratify the Mayor’s signature of acceptance of grant award 2019-VT-BX-K029 from the United States Department of Justice, Office of Justice Programs, Office for Victims of Crime (OVC) under the OVC FY 2019 Direct Services to Support Victims of Human Trafficking Program for the period of October 1, 2019 through September 30, 2022, to receive funding in the amount of $900,000; and

 

B) approve the addition of one full-time Victim Services Human Trafficking Project Coordinator (pay grade 30) to the Victim Services complement; and

 

C) authorize the County Administrator or designee to execute amendments, documents, electronic grant reporting forms, and partner agreements related to this grant on behalf of the Board of County Commissioners, after legal sufficiency by the County Attorney’s Office, and within budget allocations; and

 

D) approve a budget amendment of $900,000 in the Public Safety Grants Fund to recognize the grant award.

 

SUMMARY:  The Division of Victim Services (PBCVS) was awarded funding under the FY 2019 Direct Services to Support Victims of Human Trafficking Program (CFDA# 16.320) from the OVC in the amount of $900,000 in conjunction with Palm Beach County Sheriff’s Office (PBSO), Catholic Charities Diocese of Palm Beach (CCDPB) and Barry University will address direct services to support victims of human trafficking. The scope of the grant project builds upon existing community resources to support a comprehensive response addressing the unmet and complex needs of human trafficking victims in Palm Beach County. The overarching project goal is to improve PBC’s response to victims of all forms of human trafficking through comprehensive victim services, increased identification of victims and referral for services, and an improved countywide coordination of services, which leverages available resources, avoids duplication, and increases overall capacity. Funding will specifically support employment of a full time PBCVS Human Trafficking Project Coordinator to ensure a coordinated victim service delivery system; a contract with CCDPB to provide comprehensive case management services and immigration/ refugee legal services; community awareness and education specifically, to include strategic outreach in the rural, agricultural region of PBC to address the potential unidentified high rate of human trafficking victims; a contract with Barry to perform continued project evaluation and on-going action research to assess project performance and inform project activities; and ongoing professional development and training, including required OVC trainings and meetings. If grant funding ceases, the position will be deleted from the Victim Services complement. The emergency signature process was utilized to accept the award because there was not sufficient time to accept the award through the regular agenda item process. County cash or in-kind matching funds of 25% are required. The match will be provided by PBSO and is included in the 2020 budget. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to approve: an agreement with Peggy Adams Animal Rescue League of the Palm Beaches, Inc. (PAARL) for spaying/neutering at risk dogs and cats as part of the Countdown 2 Zero initiative in an amount not to exceed $600,000 for a maximum of $200,000 per year for a period retroactive to October 1, 2019 through September 30, 2022. SUMMARY:  On May 19, 2015, the County entered into a one-year agreement (R2015-0689) with PAARL for the provision of spay/neuter services for at-risk dogs and cats. On November 22, 2016, the County entered into a second spay/neuter agreement with PAARL for the period of October 1, 2016 through September 30, 2019. Under this new agreement, Animal Care and Control (ACC) transfers or refers to PAARL selected at risk cats and dogs for spaying/neutering, microchipping, vaccinating against rabies and ear tipping (for cats only). Once at risk cats are sterilized, microchipped, vaccinated and ear tipped, they are returned to the field by ACC, PAARL or volunteers. At risk dogs are collected by their owners after they are sterilized, microchipped and vaccinated. PAARL is paid $50 for the services provided to each cat and $100 for the services provided to each dog.  Countywide (SF)

 

 

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 an amendment to the Public Transportation Grant Agreement (PTGA) (FM No. 444671-1-94-01) with the State of Florida Department of Transportation (FDOT), in the amount of $671,000, to provide capital assistance to offset costs of acquiring bus equipment and new scheduling/routing software and equipment for Palm Tran Connection and the Go Glades service in the non-urbanized (Lake Region) areas of Palm Beach County;

 

B) approve the correction of a scrivener’s errors appearing in Resolution No. 2019-0143 adopted by the BCC on January 15, 2019, approving PTGA No. 44671-1-94-01 with FDOT in the amount of $840,000 to: show the amount approved by the BCC as $840,030; correct the sum shown in Section 9.b. of PTGA 44467-1-1-9401 to reflect FDOT’s agreement to participate in the Project cost up to the maximum amount of $840,030; and to request the Clerk and Comptroller to note the correction of these errors in the BCC’s official records and minutes; and

 

C) approve an upward budget amendment of $671,000 in Palm Tran’s Grant Fund 1341 to reconcile the budget to the actual grant award.

 

SUMMARY:  On January 15, 2019, the BCC approved FM 444671-1-94-01 (R2019-0143) that provided $840,030 (as corrected by the BCC on this date) in Fiscal Year 2019 to acquire vehicles for the Go Glades service.  FDOT has issued an amendment to the PTGA to provide additional funds for Palm Tran to purchase bike racks for the previously funded vehicles, and scheduling/routing software to manage the on-demand aspects of the service. No County funds are required as a match for this grant. The amendment becomes effective upon execution, and has an expiration date of January 31, 2023. Countywide (DR)   

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN (Cont’d)

 

2.         Staff recommends motion to:

 

A)  approve Standard Agreement Act No. IA019-9635 with the Area Agency on Aging of Palm Beach/Treasure Coast (CFDA 93.044), in the amount of $300,000, to fund transportation services for the Division of Senior Services. This is a unit cost grant agreement, with a start date of January 1, 2019 and an end date of December 31, 2019; and

 

B) approve an upward budget transfer of $210,000 in Palm Tran’s Operating Fund (1340) to recognize the award and reconcile the budget.

 

C) approve an upward budget transfer of $210,000 in the General Fund (0001) to recognize the award and reconcile the budget.

 

SUMMARY: Since June 1999, the Area Agency on Aging (AAA) has contracted with the County to provide transportation services through Palm Tran Connection, to senior citizens who are clients of the Division of Senior Service (DOSS) - Senior Citizens Wellness Programs and who reside north of Hypoluxo Road. DOSS clients residing south of Hypoluxo Road receive transportation from Mae Volen. The previous contract with AAA (R2018-1661 - No. IA016-9635) expired December 31, 2018. Under the terms of the new one year contract, for the period of January 1, 2019 through December 31, 2019, AAA will provide $300,000 to Palm Beach County for services provided in calendar year 2019. The required local match for Palm Beach County is $30,000 (10%) which has already been met with services provided in FY2019.  Countywide (DR)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, City of Lake Worth Impaired Driving Strategy, in the amount of $30,000, for the period of October 28, 2019 through September 30, 2020; and

 

B) approve a budget amendment of $30,000, increasing the Sheriff’s Grants fund.

 

SUMMARY: On October 28, 2019, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $30,000, to support an Impaired Driving Initiative in the City of Lake Worth Beach. Funds will be used to support overtime costs associated with the Impaired Driving project. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the FY20 Identity Theft and Fraud Grant Program between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office for the period of October 1, 2019 through June 30, 2020;

 

B) approve a budget amendment of $10,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On October 1, 2019, the Palm Beach County Sheriff’s Office received a grant award from the Florida Department of Law Enforcement in the amount of $10,000 for the FY20 Identity Theft and Fraud Grant Program. These funds will be used for overtime cost to investigate cases of fraud and identity theft, including those crimes which exploit elderly victims in Palm Beach County. There is no match requirement associated with this award. Countywide (LDC)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Palm Beach County Occupant Protection Program project, in the amount of $80,000, for the period of October 28, 2019 through September 30, 2020; and

 

B) approve a budget amendment of $80,000, increasing the Sheriff’s Grants fund.

 

SUMMARY: On October 28, 2019, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $80,000 to support an Occupant Protection Program project in Palm Beach County. Funds will be used to support overtime costs associated with the project. There is no match requirement associated with this award. Countywide (LDC)

 

4.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Grant Award for the FY2020 Statewide Criminal Analysis Laboratory System Project between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office for the period of October 1, 2019 through September 30, 2020; and

 

B) receive and file the first quarterly payment.

 

SUMMARY: The Florida Department of Law Enforcement provides state financial assistance to five locally-funded laboratories in the State of Florida, including Palm Beach County. The Palm Beach County Sheriff’s Office operates the Palm Beach County Crime Laboratory. This grant award provides funding for personnel, equipment, training, and expenses to operate the Crime Lab. The funding is provided in four quarterly payments. We received the first quarterly payment totaling $87,541.38. Since the total award amount is not known in advance, $400,000 was budgeted in the Sheriff’s Grant fund.  We will amend the budget after the final quarterly payment is received in September to reconcile the revenue. There is no match requirement associated with this award. Countywide (DC)

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Florida Division of Emergency Management Federally-Funded SubAward and Grant Agreement for a FY 2019 Operation Stonegarden Grant, in the amount of $347,490 for the period of September 1, 2019 through March, 31, 2021; and

 

B) approve a budget amendment of $347,490 in the Sheriff’s Grants fund.

 

SUMMARY: On September 13, 2019, the Palm Beach County Sheriff’s Office received a FY 2019 grant award for FY2019 Operation Stonegarden. Funds provided will be used to enhance the United States Border Patrol’s mission to secure the Nation’s coastline through an all-threats layered integrated approach in collaboration with local and state law enforcement agencies, and Border Patrol. Specifically, grant funds will pay for overtime to reinforce our presence within local communities along the coast; and intercepting those who have illegally crossed our borders through highway interdiction and crime suppression operations. There is no match requirement associated with this award. Countywide (LDC)

 

6.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Federally-Funded SubAward and Grant Agreement for a FY19 State Homeland Security Grant in the amount of $461,000, for the period of September 1, 2019 through March 31, 2021; and

 

B) approve a budget amendment in the amount of $461,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On September 19, 2019, the Palm Beach County Sheriff’s Office received a FY19 State Homeland Security Grant Program award from the State of Florida, Division of Emergency Management. These funds will be used for specialty team equipment and intelligence and information sharing initiatives. There is no match associated with this award. Countywide (LDC)

 

7.         Staff recommends motion to:

 

A) receive and file Grant Modification 1, dated October 1, 2019, with the Office of National Drug Control Policy to provide an additional $38,614 in grant funds for the Palm Beach County Narcotics Task Force; and

 

B) approve a budget amendment of $38,614 in the Sheriff’s Grant Fund.

 

SUMMARY: The Board of County Commissioners accepted this grant award for $158,606 on June 4, 2019 (R2019-0775). This Grant Modification #1 will provide an additional $38,614 in funding to support overtime for the Palm Beach County Narcotics Task Force. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     OFFICE OF EQUAL OPPORTUNITY

 

1.         Staff recommends motion to receive and file: the FY Extension of 2020 Worksharing Agreement with the U.S. Equal Employment Opportunity Commission (EEOC). SUMMARY: The Worksharing Agreement is designed to provide individuals with an efficient procedure for obtaining redress for their grievances under Palm Beach County’s Equal Employment Ordinance and Federal laws. The Worksharing Agreement is a prerequisite to the receipt of a Charge Resolution Contract with the EEOC. On November 26, 1996, the Board of County Commissioners approved staff’s recommendation that future Worksharing Agreements be executed by the County Administrator or designee because of the recurring time constraints involved in this process.  Pursuant to Countywide PPM-CW-O-051, the attached document is now being submitted to the BCC to receive and file. Countywide (DO)

 

 

EE.      INTERNAL AUDIT

 

1.         Staff recommends motion to: reappoint the following individual to the Internal Audit Committee to complete the term of the previous alternate member:

 

Seat

Nominee

Seat Requirement

Term

Nominated by:

Alternate

Michael Kohner, CPA

Not seat specific

Expires 9/30/20

Vice Mayor Weinroth

Commissioner Bernard

Commissioner McKinlay

Commissioner Weiss

Commissioner Valeche

Commissioner Berger

 

 

 

All members of the Internal Audit Committee are required to be citizens of the County, independent of County operations and officials, with experience in business or finance; government accounting, auditing, operations or financial management; or other relevant experience. SUMMARY: The alternate member seat on the Internal Audit Committee became vacant when the previous incumbent, Adair Barton, was promoted to full membership in Seat 3. Mr. Kohner, if appointed, would serve the remaining balance of the current term for the alternate member seat. The audit committee has five full member seats and one alternate member seat.  Following this appointment, the five full member seats and the alternate member seat will be filled.  Diversity count will be Caucasian: 4 (66%), Asian American: 1 (16%), and Hispanic: 1 (16%).  The gender ratio (male:female) will be 5:1. Mr. Kohner is a Caucasian male. Countywide (DB)

 

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


DECEMBER 17, 2019

 

 

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

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 19, Article IX (Ordinance no. 2008-43) as amended, relating to vehicles for hire; amending Section 19-213 (definitions); amending Section 19-217 (reciprocity); amending Section 19-227 driver requirements, failure to comply; providing for repeal of laws in conflict; providing for a savings clause;  providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing an effective date. SUMMARY:  On November 19, 2019, the Board of County Commissioners (BCC) held a preliminary reading of the Vehicle for Hire Ordinance revisions. The proposed ordinance amendment expands the regulatory framework of the vehicle for hire industry by creating a special event reciprocity provision. This amendment is necessary to ensure adequate processes are in place to accommodate anticipated regulatory demands in the tri-county region during special events including but not limited to the Super Bowl LIV. The special event reciprocity provision establishes the requirements for currently licensed vehicle for hire companies to increase their fleet and driver capability to meet transportation needs and allows for Miami-Dade, Broward and Palm Beach Counties to work cooperatively to meet regulatory demand and oversight responsibilities in a streamlined fashion.  Despite variations, each county will apply the requirements of their respective ordinances when evaluating applications.  Reciprocity in Palm Beach County for Broward and Miami-Dade vehicle for hire companies is only extended if vehicle decals issued by Palm Beach County are recognized by these respective jurisdictions by way of ordinance language in the same manner.  Highlights of proposed amendments include the following: 1) adding a definition of special event, special event vehicle decal and special event period, 2) establishing criteria for special event vehicle decals, 3) outlining the background screening requirements of temporary drivers, 4) creating reciprocity language with Miami-Dade and Broward Counties, and 5) assigning a disqualifying timeframe for habitual traffic offenders. The proposed revisions were presented to vehicle for hire industry representatives on October 2, 2019 and League of Cities on October 25, 2019 and were approved. Countywide (LDC)

 

 

B.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a resolution abandoning any public interest in a portion of Tracts 22 and 23, Model Land Company Subdivision of Section 14, Township 44 South, Range 42 East, Plat Book 5, Page 78, and lying in a portion of Parcel 4 as recorded in Official Record Book (ORB) 30260, Page 1080, also known as the south 300 feet of the 30-foot wide right-of-way of Westwood Road, dedicated in ORB 2730, Page 1811 and corrected in ORB 2771, Page 688 (Abandonment Site), all of the Public Records of Palm Beach County.  SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with future redevelopment plans by D.R. Horton, Inc. (Petitioner). The abandonment site is located 460 feet south of Purdy Lane and 1/3 mile west of Haverhill Road. All reviewing agencies and utility service providers have approved this abandonment. The Engineering Department has determined that the abandonment site is surplus and serves no present or future public purpose. District 2 (YBH)

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

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

 

B.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to adopt: a resolution abandoning any public interest in a portion of the 25-foot platted right-of-way (ROW) lying east of and being contiguous with the east line of Tract 1, Block 4, Palm Beach Farms Company Plat No. 3, as recorded in Plat Book 2, Pages 45-54 and lying southeast of the Florida Turnpike ROW per State of Florida Department of Transportation ROW Map FPID 406112-1 and lying north of the easterly extension of the south line of Tract 1, Block 4, of said plat and lying within a portion of those lands as described in Official Records Book (ORB) 14548, Page 531; a 25-foot platted ROW lying east of Tracts 12, 13 and a portion of Tracts 7 and 20, Block 4, Palm Beach Farms Company Plat No. 3, as recorded in Plat Book 2, Pages 45-54, said ROW also being a portion of those lands as described in that certain warranty deed recorded in ORB 3435, Page 631; a portion of the 30-foot platted ROW lying within Palm Beach Farms Company Plat No. 3, as recorded in Plat Book 2, Pages 45-54, said portion of ROW being all of those lands as described in that certain quit claim deed recorded in ORB 22268, Page 1067 and as shown lying within the southerly 25 feet of that certain Affidavit of Waiver as recorded in ORB 23676, Page 239; and all of the 12-foot utility easement running along the north line of Tract E of the Plat of Cam Estates as recorded in Plat Book 32, Page 128 (Abandonment Sites), all of the Public Records, Palm Beach County (County). SUMMARY: Adoption of the Resolution will eliminate the public dedications that are in conflict with future redevelopment plans by the County for the Facilities Development and Operations Department (Petitioner). The abandonment sites are located east of Jog Road and north of Belvedere Road. All reviewing agencies and utility companies have approved this abandonment. The Engineering Department has determined that the abandonment sites are surplus and serve no present or future public purpose. District 2 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

 

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

 

B.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to:

 

A) determine that Palm Beach County (County) has adhered to and implemented its Five Year Road Program (Program) based on substantial evidence that the funding for the current fiscal year and the addition of the new fifth year are as contemplated in the Comprehensive Plan and that fewer than 20% of the Fiscal Year 2018 construction projects are more than 12 months behind schedule as defined in Attachment “1” to this agenda item;

 

B) adopt an ordinance amending Ordinance No. 85-40, as amended, establishing an amended Program; providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A” to the ordinance; implementation of the Program; modification of the Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date; and

 

C) approve the hiring of professionals to design, appraise and assist in the acquisition of lands, rights-of-way, and easements necessary to undertake the projects identified in the Program, as approved herein, including but not limited to the employment of real estate appraisers, engineers, certified public accountants, business damage consultants and experts, and other professionals deemed necessary.

 

SUMMARY:  This is the annual update of the County’s Program which is required to be considered each year by the Program Ordinance. The Unified Land Development Code requires that concurrent with the adoption of the annual Program, the Board of County Commissioners must determine that the appropriate Findings of Fact associated with the Road Program have been made. Those findings have been made. Exhibit “A” to the ordinance contains the road projects to be undertaken by the County in the next five years. The approval to hire professionals will facilitate the property acquisitions necessary to accomplish the road goals of the program, as amended herein, for Fiscal Year 2020 through Fiscal Year 2024. Countywide (YBH)

 

 

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


DECEMBER 17, 2019

 

 

5.         REGULAR AGENDA

 

A.        COMMUNITY SERVICES

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the 2019 U.S. Department of Justice (USDOJ) Comprehensive Opioid Abuse Site-Based Program Award, for the period October 1, 2019 through September 30, 2022, in the amount of $1,200,000, to support the development of a comprehensive, locally driven response to the opioid epidemic;

 

B) delegate to the County Administrator or designee signatory authority to sign subcontracts, any additional amendments or forms, and any other necessary documents related to the 2019 USDOJ Comprehensive Opioid Abuse Site-Based Program Award;

 

C) approve one full-time equivalent position for a Planner II (Pay Grade 34); and

 

D) approve a budget amendment and transfer in the amount of $1,200,000 in the General Fund,  Behavioral Health Programs unit, to align the budget to the grant award and transfer the balance from the Community Services administrative unit to the Behavioral Health Programs unit.

 

SUMMARY: Palm Beach County has been awarded federal funding under the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Comprehensive Opioid Abuse Site-Based Program. The program will utilize the Sequential Intercept Model and its goal of minimizing unnecessary involvement of individuals with substance use disorder in the justice system by diverting them from going to jail or by ensuring their swift and safe return to the community with access to Medication Assisted Treatment and peer/professional support services. Emphasis will be placed on assisting with the provision of transitional/recovery housing options for targeted individuals with a substance use disorder who are reentering the community following a jail stay. The project will operate through a subaward to the Southeast Florida Behavioral Health Network, Inc. (SEFBHN) in collaboration with the Palm Beach County Sheriff’s Office for the duration of the funding period. SEFBHN will be responsible for achieving the grant’s goals and objectives. SEFBHN will also work closely, cooperatively and collaboratively with the Senior Program Manager, Office of Behavioral Health and Substance Use Disorder, within the Community Services Department, who will oversee the project and monitor the grant activities. The Planner II position is needed to execute the planning and implementation phases of the project, oversee the collection of outcome data that will drive the ongoing service array, work collaboratively with the advisory task force and working group members as well as strategic partners, and monitor recovery support and other client services. The new position will be 50% funded from the grant and 50% from previously allocated opioid response funding. The position will be for the length of the grant and will be eliminated if grant funding is discontinued. No additional County funding is required. (Community Services) Countywide (HH)

 

B.         PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida repealing and replacing Resolution R2016-0534, and establishing fees and fines for the Vehicle for Hire Ordinance.  SUMMARY: This resolution provides for adoption of an updated fee and fine schedule in accordance with the provision of the Vehicle for Hire (VFH) Ordinance, Palm Beach County Code, Chapter 19, Article IX. The update to the resolution is necessary to implement proposed special events provisions of the VFH Ordinance, which is scheduled for adoption on December 17, 2019.  The resolution update establishes a new special event decal fee at $100, which includes an airport access fee of $50 as approved by R2012-1593. The special event decal fee is the same amount charged by Broward and Miami-Dade counties, which is necessary due to the provision of special event reciprocity in those jurisdictions. Additionally, a new decal replacement /transfer fee of $25 will allow vehicle for hire companies to acquire a replacement decal within a license year if the decal is lost, damaged, or returned to Consumer Affairs when a vehicle is placed out of service instead of paying the full annual decal fee. There are no other changes to fines or fees. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 17, 2019

 

5.         REGULAR AGENDA

 

C.         FACILITIES DEVELOPMENT AND OPERATIONS

           

                        1.         ADD-ON: Staff recommends motion to: 

 

A) Approve an updated term sheet (from December 3, 2019) which identifies the key provisions of a Developer Agreement (New DA) and Sports Facility Use Agreement (New SFUA) with Jupiter Stadium Limited (JSL) to; 1) facilitate renovation of the Roger Dean Chevrolet Stadium (RDCS) and 2) extends JSL’s use rights through April 2, 2048; and

 

B) Authorize County Administrator or designee to commence negotiations of a New DA and New SFUA.

SUMMARY: On December 3, 2019, the Board of County Commissioners (BCC, Board or County) considered the term sheet dated 11/15/19 and directed staff to re-negotiate certain terms to: 1) reduce the scope and cost of the project, and 2) reduce County contributions to debt service in a way that increases reserve balance in the first 10 years and leaves some funding for future unidentified projects in the same period.  In a revised proposal prepared by JSL and attached to this item, JSL indicates that it needs to tread cautiously on scope reductions as the Stadium is approaching 23 years old and the new term is for an additional 28 years, requiring  the facility to remain competitive with other venues from the visitor and player perspectives.  That being said, JSL and staff were able to reach agreement on amended terms. In addition to the $1,000,000 additional debt service contribution and escalating marketing/promotional efforts totaling $6,746,000 over the term of the agreement previously offered, the amended term sheet: 1) reduces the total project cost to $108,000,000; 2) reduces County contributions in Years 1 through 10, and 3) requires the County to issue a portion of the bonds as tax exempt to maximize construction proceeds.  All other terms remain the same as presented on December 3rd.   Assuming the use of Tourist Development Council  (TDC) staff’s very conservative revenue growth projections and that the annual renewal/replacement (R/R) contributions remain at the recommended $3,000,000/year across all TDC assets, these amended terms will increase the bed tax reserve to over 10% in all years but 2031 where it is at 8%.  After 2032, when the debt service payments on the existing Convention Center are completed, the capacity for new debt service will be largely restored.  The funding source for this future obligation will be from the 1st and 4th Cent Bed Tax and there is no ad valorem contribution, other than staff time. (FDO Admin) Countywide (MWJ) 

 

D.         ADMINISTRATION

 

1.         Staff recommends motion to approve: an interlocal agreement (ILA) with Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Lake Worth Beach, Lantana, and Ocean Ridge to conduct a joint climate change vulnerability assessment (CCVA) of the listed municipalities geographic area and adjacent areas of unincorporated Palm Beach County. SUMMARY: Since 2017, municipalities in southeastern Palm Beach County and staff from the County’s Office of Resilience have been meeting to discuss strategies to address climate change impacts across jurisdictional boundaries. Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Lake Worth Beach, Lantana, and Ocean Ridge now seek to formalize a partnership with Palm Beach County to conduct a joint CCVA for those areas within the boundaries of each participating municipality and unincorporated Palm Beach County. This collaborative approach will reduce costs while fostering synergy and consistency in assessing vulnerability, prioritizing needs, and implementing strategies to enhance climate resilience. The ILA provides the framework for completing the CCVA with the City of Lake Worth Beach serving as fiscal agent for the contract with the selected consultant. The Florida Department of Environmental Protection’s Florida Resilient Coastlines Program has awarded the group two grants to fund this work: $72,000 in FY 18/19 and $75,000 in FY 19/20. Palm Beach County will contribute $20,000, an amount approved for the FY 20 supplemental request. Participating municipalities will contribute remaining costs according to an agreed upon cost-sharing methodology. Countywide (RPB)

 

E.         HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 3 to the Agreement (R2016-1422) with the Business Development Board of Palm Beach County, Inc. (BDB) to amend the Scope of Services. SUMMARY: On September 27, 2016, the Board of County Commissioners (BCC) entered into an Agreement (R2016-1422), as amended (R2017-1707) on November 7, 2017 and as amended (R2018-2066) on December 18, 2018, with the BDB to provide business recruitment, expansion, and retention services and general marketing for Palm Beach County.  The Agreement period is from October 1, 2016 through September 20, 2021 and is in the fourth year of its five year term. The public/private partnership between the County and the BDB works toward creating a stable and diverse economic climate throughout Palm Beach County. The Agreement’s Scope of Services is reviewed annually and revised as appropriate to capitalize on changes within the Palm Beach County economy and business community. These revisions include: requiring BCC appointees to the BDB Board of Directors to be private business leaders; adding standard contract language regarding the Office of the Inspector General in Palm Beach County; facilitating BCC and County staff participation in BDB events; the addition of general manufacturing to new company recruitment efforts; an increase in the number of Palm Beach County economic development-related publications; and a revision in the number of Academic Leaders Council meetings. The revised Scope of Services is provided as an attachment to this Agenda Item. These are County Ad Valorem funds. Countywide (DB)

 

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DECEMBER 17, 2019

 

 

6.         BOARD APPOINTMENTS

 

A.        ADMINISTRATION

                        (Treasure Coast Regional Planning Council)

 

1.         Staff recommends motion to ratify: the following Palm Beach County League of Cities (League) representatives to the Treasure Coast Regional Planning Council (TCRPC), beginning January 1, 2020 to December 31, 2020:

 

Nominees                                           Seat No.          Representing

 

Regular appointments:

Anne Gerwig, Mayor                                4                 Village of Wellington

Jeff Hmara, Councilman                           5                 Village of Royal Palm Beach

Omari Hardy, Commissioner                    6                 City of Lake Worth

Abby Brennan, Mayor                             7                 Village of Tequesta

David Norris, President Pro Tem             8                 Village of North Palm Beach

                                                                                               

Alternate appointments:

Joseph Peduzzi, Commissioner           4A                  City of West Palm Beach

Kristine de Haseth, Commissioner        5A                  Town of Ocean Ridge

Robert Gottlieb, Vice Mayor                  6A                 Town of South Palm Beach

Maria Marino, Councilmember              7A                  City of Palm Beach Gardens

Regina Bohlen, Commissioner             8A                  City of Pahokee

 

 

SUMMARY: In accordance with the TCRPC Rules of Order, the Board of County Commissioners (BCC) appointed its members and alternates for the coming year before the Council’s annual meeting on December 13, 2019. The TCRPC Rules of Order also require the BCC ratify the League’s members. The League appointed the above municipal representatives at their October 23, 2019 meeting. Countywide (RPB)

 

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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 DECEMBER 17, 2019

 

 

7.         STAFF COMMENTS

 

A.        ADMINISTRATION COMMENTS

 

                       

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


DECEMBER 17, 2019

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 

 


DECEMBER 17, 2019

 

 

 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."