BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

NOVEMBER 1, 2016

TUESDAY COMMISSION

9:30 A.M. CHAMBERS

1. CALL TO ORDER

A. Roll Call

B. Invocation

C. Pledge of Allegiance

2. AGENDA APPROVAL/SPECIAL PRESENTATIONS

A. Additions, Deletions, Substitutions

B. Adoption

C. Special Presentations (Page 7)

3. CONSENT AGENDA (Pages 8 - 31)

4. REGULAR AGENDA (Pages 32 - 36)

5. BOARD APPOINTMENTS (Page 37)

6. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 38)

7. STAFF COMMENTS (Page 39)

8. COMMISSIONER COMMENTS (Page 40)

9. ADJOURNMENT (Page 40)

* * * * * * * * * * *

NOVEMBER 1, 2016

TABLE OF CONTENTS

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 7

2C-1 LagoonFest Day

2C-2 National Family Caregivers Month

2C-3 Disability Employment Awareness Month

2C-4 Childhood Cancer Awareness Week

2C-5 Hunger and Homelessness Awareness Week

2C-6 Veterans Appreciation Month

CONSENT AGENDA

A. ADMINISTRATION

Page 8

3A-1 CareerSource Palm Beach County Board of Directors reappointment

3A-2 CareerSource Palm Beach County Board of Directors appointment

Page 9

3A-3 Ratify signature on Cooperative Agreement with the U.S. Department of Housing and Urban Development relating to housing discrimination complaints

3A-4 FY 2017 Extension of Worksharing Agreement with the U.S. Equal Employment Opportunity Commission related to discrimination complaints

B. CLERK & COMPTROLLER

Page 9

3B-1 Warrant list

3B-2 Minutes

3B-3 Contracts and claims settlements list

C. ENGINEERING & PUBLIC WORKS

Page 10

3C-1 Agreement and Escrow Agreement with the Florida Department of Transportation for the construction of a right turn lane on Lyons Road at Norte Lago

3C-2 Interlocal Agreement with the Town of Lantana regarding open cuts on County maintained roads

3C-3 Release of permanent drainage easement rights on a parcel of land within the future plat of Collier Planned Unit Development

3C-4 Resolution to endorse the Florida Department of Transportation’s delivery of four bridge replacement projects

Page 11

3C-5 Resolution to amend the Municipal Service Taxing Unit Chase Court, Dixie Lane, Dryden Road and Arlington Drive paving and drainage project

3C-6 Deleted

3C-7 Receive and file two Proportionate Share Agreements

D. COUNTY ATTORNEY - None

E. COMMUNITY SERVICES

Page 12

3E-1 Palm Beach County HIV Comprehensive AIDS Resource Emergency (CARE) Council reappointments

3E-2 Contract for Provision of Financial Assistance with Alzheimer’s Community Care, Inc. for senior services programs

NOVEMBER 1, 2016

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

E. COMMUNITY SERVICES (Cont’d)

Page 13

3E-3 Community Services Department Policy and Procedure Manual, Health and Human Services Program Payments

F. AIRPORTS

Page 13

3F-1 Contract with Ranger Construction Industries, Inc. for the Taxiway A rehabilitation project at PBIA

Page 14

3F-2 Amendment No. 9 to the General Consulting Agreement with AECOM Technical Services, Inc.

3F-3 License Agreement with Centerport, Inc. for parking of vehicles in connection with cargo operations at PBIA

3F-4 Third Amendment to Short-Term Lease Agreement with Gate Gourmet, Inc. related to replacement of air condition system

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 15

3G-1 Negotiated Settlement Offer of Nuisance Abatement-Unsafe Structure Lien against Taylorco, Inc.

3G-2 State of Florida Audit Compliance Certification related to the Ballpark of the Palm Beaches

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 15

3H-1 First Restated Interlocal Agreement with the City of Boynton Beach to use the County’s microwave system

Page 16

3H-2 Site Access Agreement with the Florida Department of Environmental Protection for 205 North Dixie Highway

3H-3 Amendment No. 2 to seven annual electrical construction contracts

Page 17

3H-4 Change Order No. 3 with Cedars-Electro Mechanical, Inc. for the Palm Tran North Operations – HVAC replacement project

3H-5 Exercise third option to extend Lease Agreement with The Sub Division to provide food services at the County’s Vista Center building

Page 18

3H-6 Receive and file five Standard License Agreements for Use of County-Owned Property

Page 19

3H-7 First Restated Vehicle and Equipment Parts Management and Supply Agreement with Genuine Parts Company for on-site integrated inventory management services

Page 20

3H-8 Agreement for Purchase and Delivery of Gasoline and Diesel Fuel with TransMontaigne Product Services, LLC

I. ECONOMIC SUSTAINABILITY

Page 21

3I-1 State Housing Initiatives Partnership Program funding to Portofino Apartments, Ltd.

Page 22

3I-2 Interlocal Agreement with the City of West Palm Beach relating to cleanup of a site located at 1400 Henrietta Avenue

3I-3 Contract for Consulting/Professional Services with the Florida Atlantic Research and Development Authority to provide technical assistance and business support services

NOVEMBER 1, 2016

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

J. PLANNING, ZONING & BUILDING - None

K. WATER UTILITIES

Page 23

3K-1 Receive and file eight standard agreements

Page 24

3K-2 Acceptance of an XP Grant Agreement with the U.S. Environmental Protection Agency for construction of a public water supply well in the Glades Region

3K-3 Work Authorization No. 3 for CD03 South County Water Services replacement project with Johnson-Davis Incorporated

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 25

3L-1 Adopt-A-Natural Area Program Agreement with the North American Butterfly Association, Inc. – Palm Beach County

3L-2 Project Agreement Amendment with the Florida Inland Navigation District related to the Torry Island Reef project

3L-3 Task Assignment with the Florida Department of Environmental Protection for on-going site management activities related to petroleum contamination sites

Page 26

3L-4 Amendment No. 2 with the Florida Department of Environmental Protection for minor DEP required updates associated with several living shoreline projects

M. PARKS & RECREATION

Page 26

3M-1 Second Amendment with the Town of Mangonia Park for improvements to the Town’s Community Center

3M-2 Resolution adopting a new standard Resident Caretaker Lease Agreement

Page 27

3M-3 Project Agreement Amendment with the Florida Inland Navigation District Waterways Assistance Program Grant for construction of Waterway Park

3M-4 Project Agreement Amendment with the Florida Inland Navigation District Waterways Assistance Program Grant for redevelopment of the west side of Burt Reynolds Park

3M-5 Budget Amendment/Budget Transfer related to the Read a Recipe for Literacy Program

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION - None

R. HUMAN RESOURCES - None

S. FIRE RESCUE - None

T. HEALTH DEPARTMENT

Page 28

3T-1 Contract/Addendum with the Department of Health for environmental health and engineering programs

U. INFORMATION SYSTEMS SERVICES - None

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC AFFAIRS - None

NOVEMBER 1, 2016

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

X. PUBLIC SAFETY - None

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

AA. PALM TRAN

Page 29

3AA-1 Palm Tran Service Board reappointment/appointments

BB. YOUTH SERVICES - None

CC. SHERIFF

Page 29

3CC-1 Florida Division of Emergency Management Federally-Funded Subgrant Agreement for a FY 2016 Operation Stonegarden Grant award

Page 30

3CC-2 Federally-Funded Subgrant Agreement for a FY 2016 Homeland Security Grant for intelligence and information sharing initiatives

DD. COMMISSION ON ETHICS

Page 30

3DD-1 Memorandum of Understanding with the Delray Beach Housing Authority to engage the services of the Palm Beach County Commission on Ethics

EE. INTERNAL AUDITOR

Page 30

3EE-1 Receive and file four Audit reports and the Audit Risk Assessment and Work Plan for FY 2017

Page 31

3EE-2 Internal Audit Committee appointments

REGULAR AGENDA

COUNTY ATTORNEY

Page 32

4A-1 Palm Beach County Regional Hazardous Materials Response Ordinance

COMMUNITY SERVICES

Page 32

4B-1 Waiver of Conflict of Interest/Amendment No. 2 with Mental Health Association of Palm Beach County, Inc. to provide referral services to clients with behavioral health concerns

ECONOMIC SUSTAINABILITY

Page 33

4C-1 Resolution approving issuance of Palm Beach County Health Facilities Revenue Bonds, Series 2016B (Lifespace Communities, Inc.)

Page 34

4C-2 Economic Development Incentive Agreement with Cancer Treatment Centers of America Global, Inc.

Page 35

4C-3 Exception to the County’s Job Growth Incentive Grant Agreement with GARDA USA, Inc.

NOVEMBER 1, 2016

TABLE OF CONTENTS

REGULAR AGENDA CONTINUED

FIRE RESCUE

Page 35

4D-1 Fire Rescue Municipal Service Taxing Unit Ordinance

FACILITIES DEVELOPMENT & OPERATIONS

Page 36

4E-1 Extension of deadline for closing for Agreement for Purchase and Sale with Transit Village, LLC

ADMINISTRATION

Page 36

4F-1 Interlocal Agreement with the Health Care District of Palm Beach County for Aeromedical Emergency Medical Services

BOARD APPOINTMENTS (Page 37)

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 38)

STAFF COMMENTS (Page 39)

COMMISSIONER COMMENTS (Page 40)

ADJOURNMENT (Page 40)

NOVEMBER 1, 2016

2C. SPECIAL PRESENTATIONS – 9:30 A.M.

1. Proclamation declaring November 12, 2016 as “LagoonFest Day” in Palm Beach County. (Sponsored by Commissioner Burdick)

2. Proclamation declaring November 2016 as “National Family Caregivers Month Recognizing Caregiving Youth” in Palm Beach County. (Sponsored by Commissioner Burdick)

3. Proclamation declaring November 2016 as “Disability Employment Awareness Month” in Palm Beach County. (Sponsored by Commissioner Abrams)

4. Proclamation recognizing November 20 – 26, 2016 as “Childhood Cancer Awareness Week” in Palm Beach County. (Sponsored by Mayor Berger)

5. Proclamation declaring November 12 – 20, 2016 as “Hunger and Homelessness Awareness Week” in Palm Beach County. (Sponsored by Commissioner Taylor)

6. Proclamation declaring November 2016 as “Veterans Appreciation Month” in Palm Beach County. (Sponsored by Commissioner Taylor)

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

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. Staff recommends motion to approve: the reappointment of George T. Elmore to the CareerSource Palm Beach County, Inc. Board of Directors (Board) for the period January 13, 2017, through September 30, 2019:

Nominee/

Appointment

Seat No.

Term

Area of Representation

Nominated By

George T. Elmore

1/13/17-9/30/19

Private Sector

Business Development Board of Palm Beach County, Inc.

SUMMARY: On November 18, 2014, the Board of County Commissioners (BCC) approved the Third Amendment to (R2014-1650) Interlocal Agreement creating the Palm Beach Workforce Development Consortium (R2007-1220) which establishes the current Board composition. The Agreement states that 14 private sector members are appointed by the BCC. The Workforce Innovation and Opportunity Act requests that an emphasis be placed on Chief Executive Officers or highest level of management positions for both community and business sector appointments. The CareerSource Palm Beach County, Inc. Board of Directors is comprised of a minimum of 35 members with representation established in Attachment 3 to the Agenda Item. The board has 35 seats, 25 currently filled and diversity count of Caucasian: 18 (72%), African-American: 6 (24%) and Hispanic: 1 (4%). The gender ratio (female: male) is: 16:10. This nominee is a Caucasian male. Countywide (HH)

2. Staff recommends motion to approve: the appointment of Margaret Pearson to the CareerSource Palm Beach County, Inc. Board of Directors (Board) for the period November 1, 2016, through September 30, 2019:

Nominee/

Appointment

Seat No.

Term

Area of Representation

Nominated By

Margaret Pearson

11/1/16-9/30/19

Private Sector

Business Development Board of Palm Beach County, Inc.

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION (Cont’d)

3. Staff recommends motion to:

A) ratify the Mayor’s signature on Cooperative Agreement No. FF204K164023 with the U.S. Department of Housing and Urban Development (HUD) allowing the Office of Equal Opportunity (OEO) to receive revenue for processing and resolving housing discrimination complaints for the period of July 1, 2015, through June 30, 2016 in the total amount of $330,450; and

B) approve a Budget Amendment in the HUD Fair Housing Fund (Fund 1252) in the amount of $230,450 to recognize the increased grant revenue and charge-off from the General Fund; and

C) approve a Budget Transfer in the General Fund (Fund 0001) to increase the contingency reserve and the charge-off to Fund 1252 by $230,450.

SUMMARY: In order for OEO to receive revenue from HUD for processing and resolving housing discrimination complaints, execution of Cooperative Agreement No. FF204K164023 was required prior to September 21, 2016 to meet HUD’s FY 2016 federal funding deadlines. The Agreement amount of $330,450 represents a $230,450 increase over the budgeted $100,000, and includes $241,700 for case processing; $33,750 for training funds; and $55,000 for administrative costs. Board ratification of the Mayor’s signature will ensure the receipt of revenue under this Agreement. Countywide (DO)

4. Staff recommends motion to receive and file: the executed FY 2017 Extension of Worksharing Agreement with the U.S. Equal Employment Opportunity Commission (EEOC). SUMMARY: On August 18, 2015, the Board of County Commissioners (BCC) approved the Worksharing Agreement with the EEOC (R2015-0986) for the Office of Equal Opportunity (OEO) to receive payment for processing and resolving complaints of discrimination. The FY 2017 Extension of Worksharing Agreement was signed by the County Administrator on September 29, 2016. 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 document is now being submitted to the BCC to Receive and File. Countywide (DO)

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

Zoning August 25, 2016

Environmental Control Board August 25, 2016

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

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS

1. Staff recommends motion to:

A) adopt a Resolution to approve a locally funded Agreement and an Escrow Agreement with the Florida Department of Transportation (FDOT) for the construction of a right turn lane on Lyons Road at Norte Lago; and

B) approve a locally funded Agreement and an Escrow Agreement (shown as Exhibit “B”) for $40,567 with FDOT for the construction of a right turn lane on Lyons Road at Norte Lago.

SUMMARY: Approval of these agreements will allow FDOT to construct a southbound right turn lane, drainage, sidewalks, and signing and pavement markings on Lyons Road at Norte Lago as a part of the FDOT’s $3.4 million project to reconstruct Lyons Road from Norte Lago to Pine Springs Drive. Palm Beach County will fund the cost of the right turn lane, which is anticipated to be $40,567. District 5 (MRE)

2. Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Town of Lantana (Town) regarding open cuts on Palm Beach County (County) maintained thoroughfare and non-thoroughfare roads. SUMMARY: The Town has agreed to follow the policies and procedures set forth by the County regarding open cuts on County roads. However, the Town is requesting that it not be required to provide surety for the open cuts, as required by Land Development Division PPM EL-O-3605 and PPM EL-O-3606, but instead be bound by the terms and conditions of this Agreement requiring the Town to make any required repairs upon request by the County. Similar agreements have been executed with several other municipalities and special districts. Districts 3, 4 & 7 (MRE)

3. Staff recommends motion to approve: the release of permanent drainage easement rights on a parcel of land within the future plat of Collier Planned Unit Development (PUD) located west of the south end of Coral Ridge Drive (also known as 115^th Avenue South), north of Burt Aaronson South County Regional Park and south of Old Pump House Road. SUMMARY: This approval will release a Palm Beach County (County) drainage easement. As a condition of this release, G.L. Homes of Boca Raton Associates V, Ltd. (Developer) has executed a replacement drainage easement in favor of the County, which was recorded on August 19, 2016, in Official Record Book 28517 Page 427. The replacement drainage easement meets the updated conditions of development for the PUD established by the County. District 5 (MRE)

4. Staff recommends motion to adopt: a Resolution to endorse the State of Florida Department of Transportation (FDOT) delivery of four bridge replacement projects which include replacement of Bridge No. 934319 (Seminole Drive over the L-16 Canal), Bridge No. 934403 (Sandalfoot Boulevard over the E-1E Canal), Bridge No. 934904 (New England Boulevard over the E-1 Canal), and Bridge No. 934419 (El Clair Ranch Road over the L-30 Canal). SUMMARY: Approval of this Resolution will comply with FDOT’s requirement that a local agency’s governing board must adopt a resolution or equivalent when a grant funded transportation project falls within the jurisdiction of a local agency unable to deliver the project, or the project is to be delivered by FDOT for efficiency, innovation, cost or time savings, or other reasons that may optimize project delivery. The FDOT will work through a County staff liaison as they deliver the projects – from design through construction. The current cost estimate to deliver the four projects is approximately $6.5M and will be funded with Metropolitan Planning Organization funds. Districts 3 & 5 (MRE)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

5. Staff recommends motion to:

A) adopt a Resolution to amend the Municipal Service Taxing Unit (MSTU) Chase Court, Dixie Lane, Dryden Road and Arlington Drive paving and drainage project (Project), R2004-228, to remove the property located at 788 Arlington Drive from the number of properties assessed; and

B) authorize repayment with interest, $3,352.30 received from the property located at 788 Arlington Drive over the past ten years.

SUMMARY: Adoption of the Resolution will remove the property located at 788 Arlington Drive from the Project special assessment that was adopted October 19, 2004 (R2004-2228). 788 Arlington Drive is not located within the assessment area benefitting from the Project and was inadvertently included in the assessment. A refund for the total of payments received, including interest, will be sent to the property owner. Removal of this parcel will reduce the Project total assessment by $3,677.10, which is the amount that would have been assessed to this property without interest. Total assessment to remaining benefitting properties will not be adjusted or affected. District 2 (MRE)

6. DELETED

7. Staff recommends motion to receive and file:

A) a Proportionate Share Agreement for $168,806.22, Project Control Number 2007-288, with 7T’s Enterprises, Inc. and Westside Farms, Inc. dated July 19, 2016, for their proposed project located at the northeast corner of Clint Moore Road and U.S. 441/State Road 7; and

B) a Proportionate Share Agreement for $1,636,244, Project Control Number 2000-032 with 441 Acquisition, LLC dated August 10, 2016, for their proposed project located on U.S. 441/State Road 7 south of Atlantic Avenue.

SUMMARY: These receive and files will record the executed proportionate share agreements with 7T’s Enterprises, Inc. and Westside Farms, Inc. and 441 Acquisition, LLC. These proportionate share agreements which require the applicants to pay for or construct their proportionate share of impacts on the County’s thoroughfare roads were executed by the County Administrator on July 19, 2016 and August 10, 2016. Resolution R2016-0125 delegates authority to the County Administrator, or designee, to enter into certain proportionate share agreements on behalf of the Board of County Commissioners. This item is being submitted in accordance with Countywide PPM No. CW-0-051 to allow the Clerk’s Office to receive and file these items. District 5 (LB)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

E. COMMUNITY SERVICES

1. Staff recommends motion to approve: reappointments to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council for three year terms effective, November 15, 2016:

Seat No. Reappointment Seat Requirement Term Ending

7 Kimberly Rommel-Enright Social Service Providers 11/14/2019

10 Thomas McKissack Mental Health and/or 11/14/2019

Substance Abuse Provider

20 Donald Hilliard Affected Community 11/14/2019

Representative

29 Mitchell Durant State Part B Agency 11/14/2019

SUMMARY: The total membership shall be no more than 33 members, per Resolution No. 2011-1560. The HIV CARE Council nominations process is an open process with publicized criteria and legislatively defined conflict of interest standards. The four reappointments successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends their reappointment. Ms. Rommel-Enright has disclosed that she is employed by Legal Aid Society of Palm Beach County, which contracts with the County for services. Mr. McKissack has disclosed that he is employed by The Jerome Golden Center for Behavioral Health, Inc., which contracts with the County for services. The HIV CARE Council provides no regulation, oversight, management, or policy-setting recommendations regarding contracts. Disclosure of these contractual relationships is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. The Board has 33 seats; 19 seats are currently filled with a diversity count of African-American: 9 (47%), Caucasian: 8 (42%) and Hispanic: 2 (11%). The gender ratio (female: male) is 10:9. Two of the reappointments are Caucasian males, one is an African-American male, and one is a Caucasian female. The Ryan White Program Manager and staff will conduct targeted outreach in an effort to proffer candidates for appointments that will improve the diversity composition of the Board. (Ryan White) Countywide (HH)

2. Staff recommends motion to approve: Contract for Provision of Financial Assistance with Alzheimer’s Community Care, Inc., for the period October 1, 2016, through September 30, 2017, in an amount not to exceed $543,533 for senior services programs. SUMMARY: On August 16, 2016, the Board of County Commissioners (BCC) approved funding allocations for the Financially Assisted Agencies (FAA) program. The contract being recommended in this item reflects the dollar amount included in the FY 2017 budget. This Contract represents $543,533 of the total FAA funding allocation of $12,132,220. The effective date of service for the above item submitted for approval is prior to this meeting date. Other agreements or contracts under these programs will be forthcoming upon receipt of all the required information. (FAA) Countywide (HH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

E. COMMUNITY SERVICES (Cont’d)

3. Staff recommends motion to approve: Community Services Department Policy and Procedure Manual, Health and Human Services Program Payments. SUMMARY: The Community Services Department (CSD) Policy and Procedure Manual, Health and Human Services Program Payments establishes guidelines and requirements for the payments for goods and services provided to Palm Beach County individuals who are homeless, at risk of being homeless, or who are below the federal poverty level by assisting them with maintaining or obtaining housing and providing them with emergency assistance and case management services. These policies and procedures were last revised and approved by the Board of County Commissioners on December 15, 2015. As the services provided by staff expand in response to new service models, there is a need to expand the categories of service authorized for financial assistance. This policy rescinds and supersedes Chapter 18: Human Services Program Payments. The Health and Human Services Program Payments policy is in accordance with Countywide PPM CW-L-035. Funds for these services are included in the department’s FY 2017 budget. (Community Services Department) Countywide (HH)

F. AIRPORTS

1. Staff recommends motion to approve: a Contract with Ranger Construction Industries, Inc. in the amount of $2,899,617 for the Taxiway A Rehabilitation project at Palm Beach International Airport (PBIA). SUMMARY: This project was advertised utilizing the County’s competitive bid process. On June 28, 2016, two bids were received for the Taxiway A Rehabilitation at PBIA. Of the two bids, Ranger Construction Industries, Inc., a Palm Beach County company has been identified as the lowest responsible/responsive bidder in the amount of $2,899,617. The Disadvantaged Business Enterprise (DBE) goal for this project was established at 14% for the Base Bid and 5% for Add Alternate No. 1. Although Ranger Construction Industries, Inc. did not achieve the DBE goal for the Base Bid, Good Faith Efforts were met and they have committed to 6.29% DBE participation. Ranger did however meet the DBE goal for Add Alternate No. 1 committing to 5.01% DBE participation. Federal Aviation Administration grant funding of $2,174,713 and Airport Local funds of $724,904 are being utilized to fund this project. Countywide (AH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

F. AIRPORTS (Cont’d)

2. Staff recommends motion to approve: Amendment No. 9 to the General Consulting Agreement with AECOM Technical Services, Inc. for consulting/professional services in the amount of $1,120,634 and to exercise the second one year renewal option for the continued performance of professional planning and design services related to the approved Palm Beach County Airports’ Capital Improvement Program. SUMMARY: The Consulting Agreement (R2014-0031) with AECOM Technical Services, Inc. for general airport planning and design was approved on January 14, 2014 in the amount of $1,641,372 in order to carry out the approved Capital Improvement Programs for the County’s Airports. Approval of Amendment No. 9 will exercise the second one year renewal option for the continuation of services provided under this Agreement and will provide an additional $1,120,634 to complete the following: Task I Services – Specific Projects: Palm Beach International Airport (PBIA) Runway 10R-28L Rehabilitation: Construction Management and Administration Services; PBIA Taxiway A Rehabilitation: Construction Management and Administration Services; PBIA Building 3400 HVAC & Roof Improvements: Construction Management and Administration Services; PBIA Network Architecture Plan, Single Point of Failure Study and Redundant Fiber Network Plan; and Task III Services – Miscellaneous Planning and Engineering Services. Work to be completed under these Task III Services will be issued per the level of authority contained in PPM CW-F-050, by way of a separate proposal or task authorization. AECOM Technical Services, Inc. is a Los Angeles, California based firm; however, the majority of the work to be completed in this agreement will be completed and/or managed through their West Palm Beach and Tampa, Florida offices in conjunction with several Palm Beach County-based sub-consultants and firms. AECOM Technical Services, Inc. has committed to 21% Disadvantaged Business Enterprise (DBE) participation for this agreement. The total DBE participation to date is 14%. Countywide (AH)

3. Staff recommends motion to receive and file: License Agreement with Centerport, Inc., commencing October 1, 2016, terminating October 31, 2016, and automatically renewing on a month-to-month basis thereafter but not beyond September 30, 2019, providing for the use of 9,805 square feet of paved parking for the parking of vehicles and trailers in connection with Centerport’s cargo operations at the Palm Beach International Airport and the payment of license fees in the amount of $653.67 per month. SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

4. Staff recommends motion to approve: Third Amendment (Amendment) to Short-Term Lease Agreement (Lease) with Gate Gourmet, Inc. (Gate Gourmet), providing for reimbursement by Gate Gourmet to County in the amount of $4,500 for a portion of the cost of replacement of the air condition system at Gate Gourmet’s leasehold at the Palm Beach International Airport (PBIA). SUMMARY: Pursuant to the Lease (R2010-1982, as amended), Gate Gourmet leases approximately 3,278 square feet of space in Building 1169 at PBIA to support their in-flight catering service to commercial air carriers. Gate Gourmet has agreed to reimburse the County $4,500 of the $8,996 cost to replace the air conditioning unit, which will be paid in six equal monthly installments of $750 commencing November 1, 2016. The Amendment also updates the non-discrimination provision. Countywide (HJF)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $9,296.82 for the full satisfaction of a Nuisance Abatement-Unsafe Structure (NAUS) Lien that was entered against Taylorco, Inc. on November 21, 2006. SUMMARY: The Building Official for the Planning Zoning & Building Department (PZ&B) initiated a NAUS claim of lien on November 21, 2006 against the former property owner, Taylorco, Inc. The property, located at 13296 U.S. Highway 441 North, Canal Point, was found to constitute a nuisance and a menace to the health, safety and welfare of the citizens of Palm Beach County in accordance with Ordinance 99-9. The unsafe structure on the property was demolished and removed by Palm Beach County on November 30, 2005. The total accumulated lien amount (inclusive of principal, administration fees, recording fees, interest and collection agency fees) through August 23, 2016, the date settlement discussions began, totaled $18,574.10. The current owner, Anthony Genovese (Mr. Genovese), acquired the property on October 7, 2015 and became aware of the County’s senior lien when he was in the process of selling said property. Mr. Genovese has a sales contract in place for $5,000 and will, in order to pay proposed settlement, have to pay out of pocket to meet the proposed settlement amount of $9,296.82. County staff has agreed to present the proposed settlement amount of $9,296.82 to the Board of County Commissioners for approval. This proposed settlement amount will cover all County costs and only waives accrued interest. (District 6) (PM)

2. Staff recommends motion to receive and file: the State of Florida Audit Compliance Certification as related to the grant funding agreement with the Florida Department of Economic Opportunity for the Ballpark of the Palm Beaches. SUMMARY: As a recipient of state financial assistance from the Florida Department of Economic Opportunity, the County certifies that it is subject to all applicable state single or project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. This certification should now be received and filed in the Minutes Department. Countywide (PFK)

H. FACILITIES DEVELOPMENT & OPERATIONS

1. REVISED SUMMARY: Staff recommends motion to approve: the First Restated Interlocal Agreement (Agreement) with the City of Boynton Beach, a municipal corporation (City) to use the County’s microwave system to transport signals between the City and the Master Site. SUMMARY: This Agreement with the City, which provides the terms and conditions under which the City can use the County’s microwave system to transport radio signals from the City’s tower to the County’s Master Site. The Agreement provides for four renewal options, each for a period of five years. The City has approved the Agreement. Under the terms of the Agreement, the City pays a pro rata share of the operational and maintenance costs associated with the microwave system. The costs for each fiscal year are provided by the County by March 1^st annually. The Interlocal Agreement may be terminated by either party, with or without cause, with one year notice. It is the City’s responsibility to purchase, install, own and otherwise maintain the radio equipment located at the City’s Tower. (FDO Admin) Countywide (LDC)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

2. Staff recommends motion to receive and file: a standard Site Access Agreement with the State of Florida, Department of Environmental Protection dated March 8, 2016, for 205 North Dixie Highway, West Palm Beach, FL, FDEP Facility ID: 50 8630703. SUMMARY: Resolution (R2015-1613) established a new standard form Agreement for use with the Florida Department of Environmental Protection (FDEP) and its contractors to assess, remove, monitor and remediate contamination on County-owned property. The Site Access Agreement is FDEP’s standard form, and is required for FDEP to solicit a contractor, who will actually complete the remediation activities. The County enters into a separate Entry Agreement with each contractor before the contractor commences work. Both Agreements are provided without cost to FDEP or its contractors, and the remediation work would be completed at no cost to the County. 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 standard Site Access Agreement was fully executed on March 8, 2016 on behalf of the Board of County Commissioners. (FDO Admin) Countywide (LDC)

3. REVISED TITLE: Staff recommends motion to approve: Amendment No. 2 to seven annual electrical construction contracts extending the term for one year to implement the second renewal of the Annual Electrical Contract:

Contractor	Original Contract Resolution No.	Status	Total Dollars in Work Orders to-date	Total SBE Participation to-date
A) Albert Electric, Inc.	R2014-1735	SBE/Local	$229,443.84	53%

B) DAVCO Electrical Contractors Corp.	R2014-1736	Non-SBE/Local	$0.00	0%

C) Global Communications & Electrical Systems, Inc.	R2014-1737	~~Non-~~SBE/Local	$58,970.00	100%

D) Grid-One Electrical Construction, Inc.	R2014-1738	SBE/Local/ Glades	$6,230.00	100%

E) Knight Electric Company, Inc.	R2014-1739	Non SBE/Local	$66,095.00	0%

F) Langer Electric Company	R2014-1740	Non- SBE/ Non-Local	$7,695.00	0%

G) Sullivan Electric & Pump, Inc.	R2014-1742	SBE/Local	$11,798.83	100%

SUMMARY: These Annual Electrical Contracts are indefinite-quantity contracts with a maximum cumulative. Projects are bid among the pre-qualified participants. These amendments are renewals to the contracts. The original contract provided for an initial one year term with four one-year renewal options. During the second term of these contracts, the County awarded $222,345.45 in work orders. Staff is bringing forward the Amendment at this time based on the expiration of the term. This is the second extension allowed by the Contract. The maximum cumulative capacity of these contracts remains at $1,000,000. The Small Business Enterprise (SBE) participation goal for the annual electrical contract is 15%. The cumulative SBE participation for all work orders to-date is 77.2%. This is a bond-waiver contract. (FD&O Admin) Countywide (LDC)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

4. Staff recommends motion to approve: Change Order No. 3 to contract with Cedars-Electro Mechanical, Inc. (R2015-0743) in the amount of $39,580.83 and a 351 day time extension for the Palm Tran North Operations - Heating, Ventilating, and Air Conditioning (HVAC) Replacement project. SUMMARY: Change Order No. 3 provides for relocation of Condensing Unit (CU) 2 to the roof area. This change is necessary in order to relocate an air conditioning condenser unit which was located in conflict with a sidewalk emergency evacuation path. The condensing unit was provided under the original contract and the new work includes new structural supports on the roof, support stands, piping and ductwork. As this change is considered an error by the Engineer, they have redesigned at no cost to the County. Once the project is complete, this error will be evaluated for reimbursement in accordance with County policy. This Change Order extends the completion date to December 17, 2016 due to delays related to the revised design, revised construction drawings, permit revisions and approvals, and material ordering and equipment installation. All work associated with this contract is complete except for this condensing unit. A Disadvantaged Business Enterprise (DBE) goal of 15% applies to this contract. This Change Order will be funded from the project contingency which is fully funded by a grant from the U.S. Department of Transportation, Federal Transit Administration. (Capital Improvements Division) District 7 (LDC)

5. Staff recommends motion to approve: Exercise of the third option to extend Lease Agreement (R2006-0077), with Robert Weatherbee d/b/a The Sub Division (Sub Division), a sole proprietor, to continue to provide food services at the County’s Vista Center 2300 Building in West Palm Beach at an annual rate of $10,247.85/year. SUMMARY: Since January 1, 2007, Sub Division has been leasing 349 square feet of space in the lunchroom area to provide food services at the County’s Vista Center 2300 Building. On September 10, 2013, the Board approved a Third Amendment (R2013-1225) which extended the Lease Agreement for one year through December 31, 2014, and added three additional one year extension options. Sub Division has requested the County’s consent to his exercise of the third and final extension option which will extend the term through December 31, 2017. Annual rent during this extension will be increased by 4% to $10,247.85/year. PREM expects to issue a Request for Proposals (RFP) to lease space and provide food services in the summer of 2017. PREM will continue to have administrative responsibility for this Lease Agreement. All other terms of the Lease Agreement remain in full force and effect. (PREM) District 2 (HJF)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

6. Staff recommends motion to receive and file:

A) Standard License Agreement for Use of County-Owned Property dated June 24, 2016, with Florida Department of Children and Families Southeast Region and Florida Department of Health Palm Beach County (810 Datura Street Parking Surface Lot);

B) Standard Equipment Use Agreement dated July 7, 2016, with the Palm Beach County Sports Commission, Inc. (Kids Fitness Festival);

C) Standard License Agreement for Use of County-Owned Property dated July 7, 2016, with Wanda I. Serbia’ (North County Senior Center);

D) Standard License Agreement for Use of County-Owned Property dated August 18, 2016, with Safety Council of Palm Beach County, Inc. (North County Senior Center); and

E) Standard License Agreement for Use of County-Owned Property dated September 13, 2016, with the Palm Beach Chapter of the Florida Engineering Society (Vista Center).

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 standard Agreements, dated from June 24, 2016 to September 13, 2016, have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or her designee. The Standard License Agreements were approved in accordance with R2010-0333, as amended and approved by the Board on October 1, 2013 (the “Resolution”). These executed documents are now being submitted to the Board to receive and file. (FDO Admin) Countywide (LDC)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

7. Staff recommends motion to:

A) approve the First Restated Vehicle and Equipment Parts Management and Supply Agreement (Agreement) with Genuine Parts Company d/b/a NAPA (NAPA) for onsite integrated inventory management services for Facilities Development & Operations/Fleet Management Division (FDO/Fleet)and Fire Rescue Support Services (Fire Rescue) at an estimated annual cost of $4,479,600 for FY 17; and

B) authorize the Director of Purchasing to execute the Agreement on behalf of the Board.

SUMMARY: NAPA has been providing on-site integrated inventory management services to FDO/Fleet since 2012 (R2012-1322) and then via a new agreement executed in 2015 (R2015-1788). This Agreement replaces and restates the terms of R2015-1788 as they apply to FDO/Fleet and adds in similar services for Fire Rescue which has determined it is in its best interest to out-source this function. This Agreement sets forth: (1) the general terms and conditions which apply to both FDO/Fleet and Fire Rescue to provide comprehensive in-house store automotive parts functions including the provision of all materials, equipment, parts and supplies required for operation and maintenance with no less than an eighty percent (80%) in-stock availability for all parts requested; and (2) creates unique attachments for the services which are specific to each fleet. The Agreement provides that the County will pay NAPA: (i) 10% above both NAPA Product Costs and Non-NAPA Product Costs; and (ii) for operational costs that were included within the annual budget approved by the County during its normal budget process. NAPA will provide on-going review and adjustment of inventory, access to automotive and heavy-duty replacement parts and delivery of non-stocked parts. The inventory will include NAPA Products as well as Non-NAPA Products, based on FDO/Fleet and Fire Rescue’s individual requirements. The Agreement contains local preference language for all Non-NAPA products purchased. NAPA is to provide services to Fire Rescue in two phases: (i) the Start-Up Phase, which will commence upon BCC approval of the Agreement and continue through December 31, 2016; and (ii) the Operational Phase, which will commence on January 1, 2017 and continue through July 21, 2019 (the term is the same for FDO/Fleet providing all Operational Phase services). The Agreement will automatically renew for one additional year, unless either party notifies the other of its intent not to renew at least 60 days prior to the expiration of the initial term. This Agreement is made in accordance with the Palm Beach County Purchasing Code, which authorizes the County to purchase supplies from a competitively bid proposal or contract secured by another governmental entity or government-related association, in this case the National Joint Powers Alliance Contract No. 010511-GPC. There is no Small Business Enterprise (SBE) participation in this Agreement. (FDO/Fleet/Purchasing) Countywide (LDC)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

8. Staff recommends motion to:

A) approve an Agreement for Purchase and Delivery of Gasoline and Diesel Fuel (Agreement) between Palm Beach County and TransMontaigne Product Services LLC, (TransMontaigne); and

B) authorize the Director of Purchasing to execute the Agreement on behalf of the Board.

SUMMARY: This Agreement sets forth the terms and conditions under which TransMontaigne will provide for the sale and delivery of fuel for the County (including Fire Rescue and PalmTran), the Sherriff’s Office and other County-owned equipment. The County is required to purchase no less than 85% of 480,000 gallons/month (5,760,000 gallons/year) of Ethanol gasoline and Ultra Low Sulfur diesel fuel throughout the term of the Agreement. The minimum purchase requirement for diesel is the same as in 2010, and the minimum purchase requirement for gasoline is reduced 16% from 2010. The Agreement contains provisions for increased fuel allocations pre and post hurricane landfall. The Agreement provides additional protections for the County in the event of a hurricane as it: (1) allows for the County to directly take delivery of fuel at the Port Everglades terminal; and (2) requires TransMontaigne to use good faith efforts to fulfill its allocation obligations to the County from one or more of its terminals in Florida if it cannot fulfill its obligations from Port Everglades. The Agreement: (1) does not (and has never) contain the typical termination for convenience provision; and (2) provides for liquidated damages in the event that the County becomes the defaulting party. Due to: (1) the very low risk of the County needing to terminate the Agreement for one of the most essential commodities that the County purchases; and (2) the benefits that this contract provides in terms of more certain access to fuel prior to and after a hurricane; Staff continues to recommend approval. Purchasing Department conducted an informal solicitation of fuel wholesalers/suppliers at Port Everglades. TransMontaigne was the only vendor which could meet the County terms and requirements. This Agreement will commence on January 1, 2017 and extend for a period of three years with one two-year renewal option. The estimated expenditures (capacity of the Agreement) over the three year term is $57,000,000 based on the price average price of fuel paid since 2010 and is 15% less than that which was recommended in 2010. Funding for this contract is budgeted in FDO/Fleet Management’s operating budget. (FDO/Purchasing) Countywide (LDC)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY

1. Staff recommends motion to:

A) approve a State Housing Initiatives Partnership (SHIP) Program funding award in the amount of $494,000 to Portofino Apartments, Ltd.;

B) direct staff to negotiate the loan agreement; and

C) authorize the County Administrator, or designee, to execute the loan agreement, amendments thereto, and all other documents necessary for project implementation.

Summary: On February 9, 2016 (Agenda Item 5B-1), the Board of County Commissioners (Board) approved the SHIP Fiscal Year 2015-2016 budget allocations which included $494,000 for Multifamily Redevelopment projects. On March 20, 2016, the Department of Economic Sustainability (DES) issued Request for Proposals DES.2016.1 (RFP) making $494,000 in SHIP funds available for multi-family housing redevelopment projects. A RFP selection committee consisting of five voting members met at a public meeting held on May 12, 2016, and ranked the proposals based on the RFP criteria. The selection committee recommended and the Board approved (June 7, 2106 Agenda Item 4C-3) an award of $494,000 to Grand Lake, LLC, an affiliate of Housing Trust Group, LLC, for Grand Lake Apartments, a 384 unit multi-family rental project located at 2001 Main Street in Belle Glade. Due to the selected developer’s inability to meet the expenditure deadline, the SHIP award was declined. The RFP provided that if County is unable to successfully enter into agreement with the respondent awarded funding, the County may elect to award to the next highest ranked respondent. The second-ranked respondent was Portofino Apartments, Ltd., for the rehabilitation of Portofino Apartments, a 270 unit multi-family rental development located at 2767 10^th Avenue North in Palm Springs. This $1 Million re-roofing project will result in 48 apartments affordable to families with incomes not exceeding 28% of Area Median Income (AMI), 206 apartments affordable to families with incomes not exceeding 60% of AMI, and 16 apartments affordable to families with incomes not exceeding 140% of AMI. The non-SHIP balance of project funding will come from project reserves and operating income. To facilitate project implementation, staff is requesting authorization for the County Administrator, or designee, to execute the loan agreement and related documents. These are State SHIP Program grant funds that do not require a local match. District 3 (JB)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

I. ECONOMIC SUSTAINABILITY (Cont’d)

2. Staff recommends motion to approve:

A) an Interlocal Agreement with the City of West Palm Beach in the amount of $40,000, and

B) a Budget Amendment of $40,000 in the Economic Development Fund.

SUMMARY: On May 27, 2016, the City of West Palm Beach (City) was awarded a grant in the amount of $200,000 from the Environmental Protection Agency (EPA) for the cleanup of a site located at 1400 Henrietta Avenue in West Palm Beach. The Palm Beach County Department of Economic Sustainability (DES) has partnered with the City’s Department of Housing and Community Development to assist in the administration of this grant. DES assisted the City in preparing and submitting an application for the $200,000 site clean-up grant from EPA. The project site is a vacant lot that is situated along the FEC railroad on the eastern edge of Coleman Park. The property has contaminated surface soils. Due to contamination, the current urban farm pilot project on-site is limited to planting in pots with community volunteers not disturbing the ground. Under the Agreement, DES will be reimbursed by the City for services provided up to a maximum of $40,000. Services to be provided by DES include: providing staff to serve as the principal investigator and co-investigators for overall project direction and coordinating grant reporting, tracking outcome and output measures, working with the consultant/contractor on project planning, data collection and tracking, working with the City in the development and implementation of the Community Engagement Plan. No County funds are required. District 7 (JB)

3. Staff recommends motion to approve: a Contract for Consulting/Professional Services with the Florida Atlantic Research and Development Authority (FARDA) in the amount of $50,000 for the period October 1, 2016, to September 30, 2017. SUMMARY: This Contract for Consulting/Professional Services will fund the FARDA for operational expenses of the Technology Business Incubator (TBI) to provide technical assistance and business support services to emerging technology companies. Through the TBI, FARDA will be required to: host at least two educational seminars for entrepreneurs, employ ten interns, arrange two introductory meetings between potential angel/venture capital investment funds and TBI companies, and create at least five new jobs. FARDA received $50,000 in Ad Valorem funds during Fiscal Year 2015-2016 and created 46 full-time equivalent jobs (based on their August 2016 progress report), which exceeded their five FTE jobs creation requirement. This funding is projected to have a five year Economic Sustainability Impact of $5.5 Million. These funds were approved in the Fiscal Year 2016-2017 Budget adopted by the Board of County Commissioners. Countywide (JB)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES

1. Staff recommends motion to receive and file: executed Agreements received during the months of June, July and August 2016:

A) Utility Concurrency Reservation Agreement with M & M Realty Partners at Hagen Ranch, LLC, No. 05-01118-000 (District 5);

B) Standard Potable Water and Wastewater Development Agreement with Lennar Homes, LLC, No. 01-01247-000 (OR BK 28455 PG 0699-0706) (District 2);

C) Standard Potable Water and Wastewater Development Agreement with Westside Farms, Inc. and 7 T’s Enterprises, Inc. No. 09-01079-000 (OR BK 28455 PG 0715-0723) (District 5);

D) Standard Potable Water and Wastewater Development Agreement with D.R. Horton, Inc., No. 01-01238-000 (OR BK 28455 PG 0707-0714) (District 7);

E) Standard Potable Water and Wastewater Development Agreement with 441 Acquisition, LLC, No. 09-01078-000 (OR BK 28340 PG 1972-1981) (District 5);

F) Standard Potable Water and Wastewater Development Agreement with Pilot Travel Centers, LLC., No. 16-01001-000 (OR BK 28429 PG 1579-1586) (District 6);

G) Standard Potable Water and Wastewater Development Agreement with F.P. Dino, Inc., No. 03-01039-000 (OR BK 28429 PG 1560-1566) (District 5); and

H) Standard Potable Water and Wastewater Development Agreement with Summit School Property, LLC No. 01-01246-000 (OR BK 28455 PG 0724-0734) (District 2).

SUMMARY: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants/procurement items must be submitted by the initiating Department as a receive and file agenda item and are attached unless the documents have been recorded in the Public Records of Palm Beach County. The documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Water Utilities Department (WUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and file. Districts 2, 5, 6 & 7 (MJ)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

2. DELETED ~~Staff recommends motion to approve:~~

A) ~~Acceptance of an XP Grant Agreement with the United States Environmental Protection Agency (EPA) in the amount of $485,000 for the construction of PW-11 in the Glades Region; and~~

B) an Easement Agreement with the Palm Beach County School District (School District) for the easement areas and license area necessary to construct and maintain PW-11 at the West Technical Education Center (West Tech) site in the amount of $19,246.

SUMMARY: The Water Utilities Department (WUD) has identified the need for the construction of an additional public water supply well (PW-11) in the Western Region of the WUD service area (Project) to provide additional efficiency in the operation of Water Treatment Plant (WTP) 11. A grant in the amount of $485,000 is available through EPA for the construction of infrastructure that benefits and improves WTP 11 pursuant to funds that were Congressionally appropriated in 2009. The acceptance of the XP Grant Agreement will provide for the application of the available monies to the construction of PW-11. The estimated overall cost for the construction of PW-11 is $1,806,182 and the Project will be procured in the near future to conform with EPA requirements upon acceptance of the grant funds. WUD determined that the most effective placement of PW-11 is in a location on the West Tech site that was dedicated to the Palm Beach County School District by the State of Florida. Construction and maintenance of PW-11 requires the execution of the Easement Agreement to provide for several easement areas and a license area, as well as the modification of the dedication of state lands to the School District. Exhibit A to the Easement Agreement provides for a permanent easement for the construction and maintenance of the raw water well PW-11. Exhibit B provides for a permanent easement for the construction and maintenance of the pipeline required to connect PW-11 to WTP 11. Exhibit C provides for a buffer easement for the protection of PW-11 after construction. Exhibit D provides for a temporary construction easement for the storage and utilization of areas for construction of the well and associated water main. Exhibit E provides for a permanent easement for an access road off the School District property to the well location for maintenance purposes. Exhibit F provides for a license area for routine operations access through the School District site. WUD has agreed to pay $19,246 to the School District in consideration for the easement areas. The School Board approved a modification of the dedication of state lands to the School District to allow for utilization of the site for public water supply purposes as well as the Easement Agreement at its meeting on September 20, 2016. (WUD Project No. 15-058) District 6 (MJ)

3. Staff recommends motion to approve: Work Authorization (WA) No. 3 for CD03 South County Water Services Replacement Phase 4 (Project) with Johnson-Davis Incorporated in the amount of $1,420,634.13. SUMMARY: On July 12, 2016, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Pipeline Continuing Construction Contract (Contract) with Johnson-Davis Incorporated (R2016-0902). WA No. 3 provides for the construction of potable water system infrastructure in the southwest area of Boca Raton. The Project will replace approximately 8,220 linear feet of water main, and approximately 131 water services. The existing water distribution system in this area is over 30 years old and has been experiencing frequent pipe and service line failures. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract provides for SBE participation of 3.28%. WA No. 3 includes 9.76% overall SBE participation. The cumulative SBE participation including WA No. 3 is 9.76% overall. Johnson-Davis Incorporated is a Palm Beach County company. (WUD Project No. 15-038) District 5 (MJ)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. Staff recommends motion to receive and file: an Adopt-A-Natural Area Program Agreement with the North American Butterfly Association, Inc. - Palm Beach County for the promotion and maintenance of High Ridge Scrub, Frenchman’s Forest, Juno Dunes, Royal Palm Beach Pines and Delaware Scrub Natural Areas for a period from September 1, 2016, through September 1, 2017. Summary: On November 17, 2015, the Board of County Commissioners approved the Adopt-A-Natural Area Program Agreement (R2015-1630) for the purpose of promoting the County’s Natural Areas Program. Delegated authority to sign the Agreement was approved at that time. The North American Butterfly Association, Inc. - Palm Beach County will conduct two butterfly walks at High Ridge Scrub, Frenchman’s Forest, Juno Dunes, Royal Palm Beach Pines and Delaware Scrub Natural Areas. In addition, they will hold four biological monitoring events on various adopted Natural Areas. Countywide (AH)

2. Staff recommends motion to receive and file: Project Agreement Amendment to Project Agreement PB-14-183 (R2014-1940), Torry Island Reef Project with the Florida Inland Navigation District (FIND), extends the project completion term one year from September 30, 2016, to September 30, 2017. Summary: On December 16, 2014, the Board of County Commissioners (BCC) approved Project Agreement PB-14-183 with FIND for the Torry Island Reef Project providing 50% funding assistance and a completion date of September 30, 2016. The Project Agreement Amendment was necessary due to a permitting delay by the United States Army Corps of Engineers requiring relocation of the original reef site. On May 6, 2014, the BCC adopted a Resolution for Assistance (R2014-0616) and provided a Delegation of Authority to sign all future time extensions, certifications, and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work or terms and conditions of this Agreement. District 6 (AH)

3. Staff recommends motion to:

A) receive and file Task Assignment No. GC896-01 to DEP Contract No. GC896 (R2016-0787) with the Florida Department of Environmental Protection (FDEP) which provides ongoing site management activities for 173 petroleum contamination sites for a not to exceed amount of $774,199. The Task Performance Period is from July 1, 2016, through June 30, 2017; and

B) approve a Budget Amendment of $140,290 in the Petroleum Storage Tank Program Fund to align the budget to the Agreement.

Summary: On June 21, 2016, the Board of County Commissioners (BCC) approved FDEP Contract No. GC896 (R2016-0787), providing contamination cleanup activities on behalf of FDEP and to administer the Petroleum Restoration Program through the Department of Environmental Resources Management (ERM). Delegated authority to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement was approved at that time. Countywide (AH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

4. Staff recommends motion to approve: Amendment No. 2 to DEP Agreement No. S0751 (R2014-1946) with the Florida Department of Environmental Protection (DEP), replaces Attachment A-1, Revised Grant Work Plan, with Attachment A-2, Second Revised Grant Work Plan and replaces Attachment E, Special Audit Requirements, with E1, Revised Special Audit Requirements. Summary: Amendment No. 2 provides for minor DEP required updates to the Agreement language, including but not limited to, indemnification language, public records access, and record keeping. Attachment A-2 includes changes to Task 1 (Peanut Island Reef Complex) to include conducting project surveys associated with the location of the reef complex, and changes to Task 2 (West Palm Beach Currie Park Living Shoreline) to expand the living shoreline project components at Osprey Park and Currie Park. Attachment E-1 updates the State reporting thresholds from $500,000 to $750,000. The term of the Agreement remains effective through March 6, 2018 and the total Agreement amount of $2,075,000 remains unchanged. Countywide (AH)

M. PARKS & RECREATION

1. Staff recommends motion to approve: Second Amendment to Interlocal Agreement with the Town of Mangonia Park in an amount not-to-exceed $50,000 for funding for construction of improvements to the Town’s Community Center to extend the project completion date from February 12, 2016, to February 12, 2017. Summary: This Second Amendment to Interlocal Agreement R2013-1038, as amended by R2015-0896, provides for a twelve month extension to the project completion date from February 12, 2016, to February 12, 2017. This Amendment to the Interlocal Agreement was requested by the Town of Mangonia Park to allow them additional time to complete the project. All other terms of the Agreement including the funding amount of $50,000 remain the same. Funding is from the 2003 $25 Million GO and 2005 $25 Million GO Parks & Cultural Facilities Bonds. District 7 (PFK)

2. Staff recommends motion to adopt: Resolution adopting a new standard resident caretaker lease agreement and authorizing the County Administrator, or designee, to execute the standard resident caretaker lease agreement on behalf of the Board of County Commissioners; authorizing the County Administrator or designee to enter into certain amendments to the standard resident caretaker lease agreement; providing for severability; and providing for an effective date. Summary: Palm Beach County owns 13 park sites throughout the County’s park system that have facilities for employees who reside on the premises as a condition of their employment. These residents maintain and repair the property on which they reside, provide emergency service as required and are on call 24 hours per day to provide on-site supervision of the Park and report any vandalism, rowdiness, illegal activities, or other suspicious conduct at the Park to law enforcement personnel. Residents do not pay rent, but will pay for utilities and maintain the residences in good and sanitary condition during the term of the lease agreement. In order to expedite the agenda process, staff is recommending that the Board of County Commissioners (BCC) adopt a resolution which delegates authority to the County Administrator, or designee, to execute Lease Agreements on behalf of the Board; and modify or amend Lease Agreements that will not materially change the terms or conditions of the Agreement. Countywide (AH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

M. PARKS & RECREATION (Cont’d)

3. Staff recommends motion to receive and file: fully executed Project Agreement Amendment with the Florida Inland Navigation District (FIND) Waterways Assistance Program Grant PB-14-181 for the construction of Waterway Park extending the project completion date from September 1, 2016, to September 1, 2017. Summary: The County was awarded a $1,254,604 FIND grant in 2013 to fund a portion of the construction cost associated with the development of Waterway Park in northern Palm Beach County. The term of the grant agreement, R2014-0619, was from October 20, 2014, to September 1, 2016. Due to unanticipated permitting delays construction did not commence until January 2016, with substantial completion expected this December. The County applied for and was awarded a one year project completion extension. There are no other changes to the terms of the Agreement as a result of this Amendment. The fully executed Project Agreement Amendment is now being submitted to the Board to receive and file. District 1 (AH)

4. Staff recommends motion to receive and file: fully executed Project Agreement Amendment with the Florida Inland Navigation District (FIND) Waterways Assistance Program Grant PB-14-180 for construction costs associated with the redevelopment of the west side of Burt Reynolds Park. The Project Agreement Amendment extends the project completion date from September 1, 2016, to September 1, 2017. Summary: The County applied for and was awarded a $750,000 FIND grant in 2014 to cover a portion of the construction costs associated with the redevelopment of the west side of Burt Reynolds Park. The term of the grant agreement, R-2014-1955, was from October 20, 2014, to September 1, 2016. Due to unanticipated permitting delays construction did not commence until September 2016, with substantial completion expected by the summer of 2017. The County applied for and was awarded a one year time extension. The fully executed Project Agreement Amendment is now being submitted to the Board to receive and file. There are no other changes to the terms of the Agreement as a result of this Amendment. District 1 (AH)

5. Staff recommends motion to:

A) approve Budget Amendment of $3,670 in the Cooperative Extension Fund to establish budget for the Read a Recipe Program; and

B) approve a Budget Transfer of $3,670 from the Park Improvement Fund to the Cooperative Extension Fund.

Summary: The Parks and Recreation Department operated the Read a Recipe for Literacy Program (RRL) from 2008 to 2015 and has transferred operation of the program to the Cooperative Extension Service. The Park Improvement Fund has $3,760 left from donations from the Weinig Foundation and staff is requesting approval to transfer these funds to the Cooperative Extension Service to continue funding the program. Countywide (AH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

T. HEALTH DEPARTMENT

1. Staff recommends motion to approve:

A) a Contract with the Department of Health (DOH) in the amount of $2,114,162 for Environmental Health and Engineering programs provided by the Palm Beach County Health Department (CHD) for the period October 1, 2016, through September 30, 2017; and

B) An Addendum to the Contract to clarify:

1) Paragraph 6.a. – as State employees/personnel, CHD employees are not “officers, agents, or employees of the County”;

2) Paragraph 7.c. – The County shall assure that insurance coverage for vehicles is available through either a self-insurance program or insurance purchased by the County except for insurance referenced in paragraph 7.e.;

3) Paragraph 7.d. – The County shall be named as additional insured on any agreement in which the CHD contracts or subcontracts any work to be performed on the premises to a third party; and

4) Paragraph 7.e. – As a State agency, the CHD agrees to be responsible for its own, its officers’, employees’, or agents’ negligent acts, or omissions, or tortuous acts, which result in claims or suits against the parties, and agrees to be liable for any damages proximately caused by said acts or omissions.

Summary: This Contract sets forth the funding responsibilities of the DOH and the County for the operation of the Palm Beach County Health Department. The State and County share in the funding of the $7,848,709 Environmental Health Budget. The State’s share is $2,878,961 (36.7%), primarily from State general revenue and fees. Funding from the County’s FY 2016 budget is $2,114,162 (26.9%) that includes Childcare Enforcement & Control funding of $126,888 and is equal to FY 2017 funding. The remaining local share (36.4%) is comprised of County Authorized Fees of $1,292,970 (16.5%), Federal funds of 432,618 (5.5%), Department of Environmental Protection (DEP) funds of $103,998 (1.3%), and the Air Pollution Tag Fees of $1,026,000 (13.1%). County funding is used primarily for salaries and benefits. The environmental staffing is responsible for surveillance of public drinking water systems, permitting and inspection of septic tanks, regulation of air pollution sources, inspection and licensing of child care and other group care facilities, and other duties related to environmental health. The Childcare Enforcement & Control Funding provides for a full-time Attorney/Hearing Officer and a half-time paralegal position to provide counsel for the Child Care Advisory Council and to serve as Acting Environmental Control Officer for the Environmental Control Hearing Board. County funds are included in the FY 2017 budget. No additional funds are requested. County staff requested certain changes to the State’s standard contract in order to clarify the insurance and liability provisions. The State preferred including these in an Addendum instead of revising the standard contract. Countywide (HH)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

AA. PALM TRAN

1. Staff recommends motion to approve: one reappointment and two new appointments as At-Large members to the Palm Tran Service Board (PTSB) for the following terms:

Nominee Category, Seat No. Term to Expire Nominated by

Reappointment

Myra Goldick Disability Advocate September 30, 2019 Comm. Burdick Seat No. 2 Comm. Vana

Comm. Abrams

Comm. McKinlay

Comm. Taylor

Appointment

Viola Walden Representative w/Multicultural September 30, 2019 Comm. Burdick

Experience Comm. Vana

Seat No. 6 Comm. Abrams

Comm. McKinlay

Comm. Taylor

Shelly Yarbrough Fixed Route Bus Rider September 30, 2019 Comm. Abrams

Seat No. 9 Comm. McKinlay

Comm. Taylor

Summary: The Palm Tran Service Board is composed of 13 At-Large members with specific seat categories. There are currently three vacancies on the Board and one members is requesting reappointment on the Board and two candidates requesting appointments. A memo dated September 27, 2016 was circulated to the Board of County Commissioners (BCC) requesting support of the five members. No additional nominations were received. Including Ms. Goldick, Ms. Walden and Ms. Yarbrough the ethnic and gender composition of the existing 12 members include: Caucasian: 8 (66%), African-American: 2 (17%), Multicultural: 2 (17%). Gender ratio (male: female) 8:4. For the one remaining vacancy, Palm Tran will conduct targeted outreach in an effort to proffer candidates for appointment that will improve the diversity composition of the Board. Countywide (DR)

CC. SHERIFF

1. Staff recommends motion to:

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Florida Division of Emergency Management Federally Funded Subgrant Agreement for a FY 2016 Operation Stonegarden Grant Award, in the amount of $215,000 for the period of September 16, 2016, through August 31, 2019; and

B) approve a Budget Amendment of $215,000 in the Sheriff’s Grants Fund.

SUMMARY: On September 16, 2016, the Palm Beach County Sheriff’s Office received a FY 2016 Operation Stonegarden Grant Award 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, state and federal law enforcement agencies. Specifically, grant funds will pay for overtime and equipment 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)

NOVEMBER 1, 2016

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 Federally-Funded Subgrant Agreement for a FY16 State Homeland Security Grant in the amount of $239,384, for the period of September 15, 2016, through December 31, 2017; and

B) approve a Budget Amendment of $239,384 in the Sheriff’s Grants Fund.

SUMMARY: On September 15, 2016, the Palm Beach County Sheriff’s Office received a FY16 State Homeland Security Grant award from the State of Florida, Division of Emergency Management. These funds will be used for intelligence and information sharing initiatives. There is no match associated with this award. Countywide (LDC)

DD. COMMISSION ON ETHICS

1. Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the Delray Beach Housing Authority and Palm Beach County to engage the services of the Palm Beach County Commission on Ethics for a three year term retroactive and in effect as of February 5, 2016. SUMMARY: The Delray Beach Housing Authority (DBHA) agreed to subject itself to the jurisdiction and authority of the Commission on Ethics and its Executive Director. This MOU identifies the roles and responsibilities of the Commission on Ethics and the DBHA in implementing the Palm Beach County Code of Ethics, and establishes a schedule of fees to be paid by the Agency to the County in exchange for services. As required by the Commission on Ethics Ordinance, all fees paid under this MOU must be used to fund the Commission on Ethics’ operations. The MOU is subject to final approval of the Board of County Commissioners. Districts 4 & 7 (LB)

EE. INTERNAL AUDITOR

1. Staff recommends motion to receive and file:

A) Audit reports reviewed by the Audit Committee at its September 21, 2016 meeting as follows:

1. 2016-11 Fire Rescue - Revenue Management;

2. 2016-12 Airports - Revenue Management;

3. 2016-13 Facilities Development & Operations - Procurement to Payment;

4. 2016-14 Palm Tran - Revenue Management; and

B) Audit Risk Assessment and Work Plan for FY 2017.

SUMMARY: Ordinance 2012-011 requires the Internal Audit Committee to review audit reports prior to issuance. Ordinance 2012-012 requires the County Internal Auditor to send those reports to the Board of County Commissioners. At its meeting on September 21, 2016, the Committee reviewed and authorized distribution of the attached audit reports. We are submitting these reports to the Board of County Commissioners as required by the Ordinance. The Audit Committee also reviewed and approved the FY 2017 risk assessment and proposed annual audit work plan for FY 2017. Countywide (PFK)

NOVEMBER 1, 2016

3. CONSENT AGENDA APPROVAL

EE. INTERNAL AUDITOR (Cont’d)

2. Staff recommends motion to appoint: the following individuals to the Internal Audit Committee:

A) Mary Edge McGee to Seat 1 to replace Sandra Turnquest who stepped down from the Committee at the end of her current term; and

B) Mark S. Feldmesser to Seat 2 to replace David Rosenstein who stepped down from the Committee at the end of his current term.

SUMMARY: Ms. McGee and Mr. Feldmesser will each serve three year terms ending September 30, 2019. The Internal Audit Committee unanimously recommended these appointments at its September 21, 2016 meeting. The audit committee has six seats (including one alternate), three seats are currently filled. Diversity count of Caucasian: 2 (66%), Asian-American: 1 (33%). The gender ratio (male: female) is 3:0. One nominee is an African-American female; the other nominee is a Caucasian male. The Alternate member position is currently vacant. Countywide (PFK)

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NOVEMBER 1, 2016

4. REGULAR AGENDA

A. COUNTY ATTORNEY

1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on November 22, 2016, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 11, Article VII, of the Palm Beach County Code, known as the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 (codifying Ordinance 98-13, as amended); amending section 11-130 of the Palm Beach County Code, relating to the Oversight Committee; incorporating uniform policies and procedures for County advisory boards; amending Section 11-132 of the Palm Beach County Code relating to cost recovery; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date. SUMMARY: The Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 (Ordinance No. 98-13) as amended, provides for regional hazardous materials response teams comprised of fire departments within Palm Beach County. The Ordinance also provides for a Hazardous Materials Oversight Committee. The Board adopted Resolution No. 2013-0193, imposing specific requirements on County advisory boards, such as the Hazardous Materials Oversight Committee. This Ordinance is being revised to provide that the uniform policies and procedures in Resolution No. 2013-0193 will apply to the County Oversight Committee. The Ordinance is also being revised to clarify cost recovery provisions. Countywide (PFK)

B. COMMUNITY SERVICES

1. Staff recommends motion to approve:

A) waiver of conflict of interest for Pam Gionfriddo, CEO of the Mental Health Association of Palm Beach County, Inc., a member of the Citizens Advisory Committee on Health and Human Services, a purely advisory board that provides contract oversight regarding Financially Assisted Agency contracts including R2014-1680 (This item must be approved by a supermajority vote (5 votes)); and

B) Amendment No. 2 to Contract for Provision of Financial Assistance with Mental Health Association of Palm Beach County, Inc. (MHA) (R2014-1680), for the period October 1, 2016, through September 30, 2017, increasing funding by $93,177 for a new total contract amount not to exceed $274,977, to provide referral services to clients seeking help with behavioral health concerns.

SUMMARY: On August 16, 2016, the Board of County Commissioners (BCC) approved funding allocations for the Financially Assisted Agencies (FAA) Program. The amendment being recommended in this item reflects the dollar amount included in the FY 2017 budget. This amendment represents $93,177 of the total FAA funding allocation of $12,132,220. The effective date of service for the above item submitted for approval is prior to this meeting date. Other agreements under these programs will be forthcoming upon receipt of all the required information. Pam Gionfriddo is CEO of the Mental Health Association of Palm Beach County, Inc. Ms. Gionfriddo serves on the County’s Citizens Advisory Committee on Health and Human Services (CAC/HHS) in part because of her experience and expertise in the area of mental health. The CAC/HHS is a purely advisory committee with contract oversight of FAA contracts, including the contract between the County and the Mental Health Association of Palm Beach County, Inc. A waiver of the conflict of interest 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. A waiver of the conflict of interest must be approved by a supermajority vote (5 votes). (FAA) Countywide (HH)

NOVEMBER 1, 2016

4. REGULAR AGENDA

C. ECONOMIC SUSTAINABILITY

1. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of Palm Beach County Health Facilities Revenue Bonds, Series 2016B (Lifespace Communities, Inc.) by the Palm Beach County Health Facilities Authority in an aggregate principal amount not to exceed $40,000,000 (the “Bonds”) for the purpose of financing the 2016 Project as described herein. Summary: The Palm Beach County Health Facilities Authority (Authority) was created pursuant to Chapter 154, Florida Statutes and by Ordinances 77-379 and 77-398 enacted by the Board of County Commissioners (Board) in 1979. The Authority is governed by a five member governing body whose members are appointed by the Board. A portion of the proceeds of the Bonds will be used to finance and refinance certain improvements to the life care retirement communities of Lifespace Communities, Inc., known as Abbey Delray, located at 2000 Lowson Boulevard in Delray Beach and Village on the Green located at 500 Village Place in Longwood, Florida. The Authority is issuing the Bonds pursuant to an Interlocal Cooperation Agreement with Seminole County, a portion of which bond proceeds will be used to finance and refinance the Village on the Green Project in Seminole County. Approval by an elected body is required by the Internal Revenue Code; however, adoption of this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bond. District 7 (PFK)

NOVEMBER 1, 2016

4. REGULAR AGENDA

C. ECONOMIC SUSTAINABILITY (Cont’d)

2. DELETED: ~~Staff recommends motion to approve:~~

A) an Economic Development Incentive Agreement with Cancer Treatment Centers of America Global, Inc. (Company), for an incentive in the form of an $157,500 local match paid according to the State’s schedule for the Qualified Target Industry Program, and an incentive with the Company in the amount not to exceed $200,000 paid over a five year period for the State Quick Action Closing Fund;

B) ~~a Budget Transfer of $357,500 from the General Fund Contingency Reserves to the Department of Economic Sustainability Fund Economic Incentive Growth Program; and~~

C) ~~a Budget Amendment of $357,500 in the Department of Economic Sustainability Fund to recognize the funds from the General Fund.~~

SUMMARY: On January 14, 2014, the Board of County Commissioners conceptually approved (R2014-0094) an economic development incentive for the Company totaling $357,500. This Agreement discloses the name of the Company, Cancer Treatment Centers of America Global, Inc., previously referred to as Project Emblem. The Agreement requires the Company to make a minimum $14.5 Million capital investment to purchase and renovate an existing facility in Boca Raton for its corporate headquarters, create 225 new full-time jobs over a five year period, at an average annualized wage of $90,000 excluding benefits. The Company will maintain the new jobs for a period of five years following the job creation period. Cancer Treatment Centers of America Global, Inc. is a family owned management and marketing company supporting a group of hospitals, with a primary mission to treat patients suffering from advanced and complex cancer. The State of Florida is providing the Company $1,575,000 in the form of a Qualified Target Industry (QTI) Tax Refund which includes a required 20% local match of $315,000 which will be split equally between the County ($157,500) and the City of Boca Raton ($157,500). Additionally, Enterprise Florida is providing $400,000 from the Quick Action Closing Fund (QACF). The County and City of Boca Raton are also providing a 100% local QACF match incentive to the State in the amount of $400,000 which will be split equally between the County ($200,000) and the City of Boca Raton ($200,000). The State has entered into agreements with the Company for both incentives. This project is expected to have a five year economic impact of $216 Million. The Company shall, without risk of violating any laws, make best efforts to develop and implement hiring policies that provide Palm Beach County residents preference in the hiring process. This Economic Development Incentive Grant will be secured by a Letter of Credit, Bond, Corporate Guarantee, or equivalent security. District 4 (JB)

NOVEMBER 1, 2016

4. REGULAR AGENDA

C. ECONOMIC SUSTAINABILITY (Cont’d)

3. Staff recommends motion to approve: an exception to the County’s Job Growth Incentive Grant Agreement with GARDA USA, INC., forgiving the job advertising requirement to notify Palm Beach County residents of the availability of new positions within the company through advertisements in Countywide, Hispanic, and Minority news venues and sending the job descriptions to CareerSource and West Career Center. SUMMARY: On March 1, 2011, the Board of County Commissioners approved a Job Growth Incentive Grant Agreement (R2011-0319) in the amount of $210,000 to GARDA USA, INC. (Company) as a portion of the required local match for State Qualified Target Industry and Quick Action Closing Fund grants. The Agreement required the Company to create 100 jobs with an average salary of $65,769 by June 30, 2014, and to retain those jobs for a period of four years. The 100 jobs were created and are thus far retained. Additionally, the Company was required to notify Palm Beach County residents, through advertisements in Countywide, Hispanic, and Minority news venues, of the availability of new positions. This Agreement provision was not fulfilled due to significant key personnel turnover within the Company. However, of the 100 jobs created, 55 jobs were filled by Palm Beach County residents at an average salary of $68,646. A diversity census of the Company’s current 151 Palm Beach County employees demonstrates a racial/ethnic breakdown as follows: 38% White, 32% Black, 21% Hispanic, 2% Asian, and 1% Hawaiian-Pacific, with 6% non-responsive. Due to the high level of employee diversity, the number of Palm Beach County residents employed in the new jobs, and because the number of new jobs and average salaries exceeded the Agreement requirement, staff is recommending forgiveness of the advertising requirement. District 4 (JB)

D. FIRE RESCUE

1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on November 22, 2016, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II, Division 3, of the Palm Beach County Code; amending the boundaries of the Fire/Rescue MSTU (Municipal Service Taxing Unit) to include the City of Westlake; providing for implementation dates; providing for opt-out procedures; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; providing for an effective date. SUMMARY: The Fire/Rescue MSTU encompasses the unincorporated areas of Palm Beach County plus the incorporated areas within municipalities that have opted to join the MSTU. The City of Westlake (City) was incorporated on June 20, 2016. The area within the municipal boundaries of the City was, prior to the City’s incorporation, included within the Fire/Rescue MSTU as part of the unincorporated area of the County. The City Charter authorizes the Fire/Rescue MSTU to continue within the boundaries of the City until the City adopts an ordinance to the contrary. It is anticipated that the City will adopt City Ordinance No. 2016‑04 prior to November 22, 2016, to formalize its consent, in accordance with Section 125.01(1)(q), Florida Statutes, to be included in the Fire/Rescue MSTU for County fire-rescue and related services within the City. This Ordinance will amend the boundaries of the Fire/Rescue MSTU to formally include the properties within the municipal boundaries of the City. Countywide (SB)

NOVEMBER 1, 2016

4. REGULAR AGENDA

E. FACILITIES DEVELOPMENT & OPERATIONS

1. Staff recommends motion to approve: a request for a one year time extension of the deadline for closing under the Agreement for Purchase and Sale (R2012-1158) with Transit Village LLC (TV). SUMMARY: On August 14, 2012, the Board approved the Agreement for Purchase and Sale (Agreement) with TV for the sale by the County of certain interests in the Wedge property for $3.6 Million. This is a very complicated transaction with multiple layers of required governmental approvals. To date, TV has met all performance milestones of the Agreement. The next milestone is to obtain building permits and to complete the closing by August 13, 2017. TV has diligently proceeded through the regulatory approval process, is finalizing its design of the improvements and is in the process of securing financing for construction of the improvements. TV has requested a one year time extension of this milestone. While the Board has no obligation to approve the extension, Staff believes that there is little justification for Staff not to recommend approval of TV’s request. Recently, TV obtained conceptual approval from the City of West Palm Beach for between $80 Million to $120 Million in tax increment financing assistance which, in addition to the previously disclosed $3 Million in South Florida Regional Transit Authority funding, materially improves the financial position of the project. (PREM) Countywide/District 7 (HJF)

F. ADMINISTRATION

1. Staff recommends motion to approve: an Interlocal Agreement with the Health Care District of Palm Beach County (District) for Aeromedical Emergency Medical Services for a ten year period effective upon execution by both parties. SUMMARY: Palm Beach County (County) partners with the District to provide aeromedical emergency medical services in the County. This agreement replaces an expired agreement and provides the terms under which the County provides emergency medical personnel to staff the District’s Trauma Hawk air ambulance service. An Interlocal agreement between both entities provides guidance for the District and County in the areas of services to be provided to support the trauma care program, responsibilities of the District, and responsibilities of the County. The agreement provides that the District is responsible for the operation and administration of the aeromedical program which includes operating the air ambulance helicopter services while the County is responsible for providing advanced life support medical services aboard the District air ambulance helicopters. Under the terms of the agreement, the District maintains the Federal Aviation Administration Air Carrier Certificate required to operate the helicopter and the County provides the Advanced Life Support (ALS) License and Certificate of Public Convenience and Necessity (COPCN) to provide the medical services on the helicopter. The District provides reimbursements to the County on a monthly basis for all direct costs to provide the ALS Aeromedical Services under this agreement. A detailed summary of the changes to the Interlocal agreement is provided in Attachment 2 to the Agenda Item. Countywide (SB)

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NOVEMBER 1, 2016

5. BOARD APPOINTMENTS

A. ENVIRONMENTAL RESOURCES MANAGEMENT

(Natural Areas Management Advisory Committee)

1. Staff recommends motion to approve: appointment/reappointment of the following individuals to the Natural Areas Management Advisory Committee (NAMAC) for a three year term beginning November 1, 2016, through September 30, 2019 per Resolution R2013-1328:

Nominee Seat No. Representing Nominated by

Appoint 4 Municipal Parks & Comm. Abrams

Dawn Sinka Recreation Program Comm. Taylor

Vice Mayor Valeche

Reappoint

Allen Trefry 7 Citizen with Interest in Comm. Abrams

Preservation & Comm. Taylor

Conversation of Natural Vice Mayor Valeche

Areas

-OR-

Appoint

Marion Hedgepeth 7 Citizen with Interest in Comm. Burdick

Preservation & Comm. Taylor

Conservation of Natural

Areas

Summary: Resolution No. R2013-1328 provides for a seven-member NAMAC. Membership consists of one member with experience in the management of natural areas, one biological scientist, one professional educator with knowledge of South Florida ecosystems, one representative of a local municipal government parks and recreation program, one member of the Palm Beach County Parks and Recreation Department staff, and two citizens having an interest in preservation and conservation of natural areas. The Board has seven seats, seven seats currently filled and diversity count of Caucasian: 6 (85.71%), African-American: 0 (0.00%) and Hispanic: 1 (14.29%). The gender ratio (female: male) 5:2. The nominees are: one Caucasian female, one African-American female and one Caucasian male. Countywide (HF)

B. COMMISSION DISTRICT APPOINTMENTS

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NOVEMBER 1, 2016

6. MATTERS BY THE PUBLIC – 2:00 P.M.

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NOVEMBER 1, 2016

7. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

B. COUNTY ATTORNEY

NOVEMBER 1, 2016

8. COMMISSIONER COMMENTS

A. District 1 – COMMISSIONER HAL R. VALECHE, VICE MAYOR

B. District 2 – COMMISSIONER PAULETTE BURDICK

C. District 3 - COMMISSIONER SHELLEY VANA

D. District 4 – COMMISSIONER STEVEN L. ABRAMS

E. District 5 - COMMISSIONER MARY LOU BERGER, MAYOR

Request approval to present off-site, a Proclamation declaring November 3, 2016 as “Trauma Talks Day” in Palm Beach County.

F. District 6 - COMMISSIONER MELISSA MCKINLAY

G. District 7 - COMMISSIONER PRISCILLA A. TAYLOR

ADD-ON: Request approval to present off-site, a Proclamation declaring November 17, 2016 as “World Prematurity Day” in Palm Beach County.

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."