April 2, 2019
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
APRIL 2, 2019
PAGE ITEM
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the
preliminary addition/deletion sheet distributed to the Board the prior day are
noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 2, 2019
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/BCC
AND STAFF COMMENTS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 6)
D. Staff
Comments (Page 7)
E. Commissioner
Comments (Page 8)
3. CONSENT AGENDA (Pages 9-30)
4. REGULAR AGENDA (Pages 31-34)
5. BOARD APPOINTMENTS (Page 35)
6. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
36)
7. ADJOURNMENT (Page 37)
* * * * * * * * * * *
APRIL 2, 2019
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 6
2C-1 National Correctional Officers and Employees
Week
2C-2 National Library Week 2019
2C-3 Women of Tomorrow Day
2C-4 Building Safety Month
2C-5 Palm Beach County Public Safety Telecommunicators
Week
2C-6 Palm Beach County Sheriff’s Office Volunteer
Day
2C-7 Water Conservation Month
2C-8 Drowning
Prevention Awareness Month
2C-9 Second
Chance Month
2C-10 Child
Abuse Prevention Month
2C-11 Crime
Victims’ Rights Week
2C-12 The
Lord’s Place SleepOut/SleepIn
to End Homelessness Month
2C-13 Sexual
Assault Awareness Month
2C-14 Palm
Beach County Gopher Tortoise Day
STAFF COMMENTS
Page 7
2D-1 Receive
and file updated Board Directive Report
COMMISSIONER COMMENTS (Page 8)
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Receive
and file indemnification agreements with Counterpointe Energy Solutions
Residential LLC
3A-2 Appointment
to the CareerSource Palm Beach County, Inc. Board of Directors
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Receive
and file proportionate share agreement with Boca Raton Associates VIII, LLP
3C-2 Amendment to contract with AE Engineering,
Inc. for bridge rehabilitation of the Camino Real/Boca Club Bridge
Page11
3C-3 Amendment
to contract with HSQ Group, Inc. for update language for
compliance with County standards
3C-4 Work
order with Ranger Construction Industries, Inc. for resurface of streets within
the Sandalfoot subdivision
D. COUNTY ATTORNEY
Page 12
3D-1 Contract with LaBovick
& LaBovick, P.A. for legal services related to
personal injury protection insurance claims for Fire Rescue emergency transport
services
E. COMMUNITY SERVICES
Page 13
3E-1 Amendment
to grant contract with the Florida Department of Children and Families related
to homeless prevention services
3E-2 Amendment
to contract with Aid to Victims of Domestic Abuse, Inc. revising the language
related to emergency shelters
APRIL 2, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 14
3F-1 Receive and file extension of time with the
Florida Department of Transportation for infrastructure work at the North Palm
Beach County general Aviation Airport
3F-2 Receive and file General Aeronautical
Services Permit with American Sales and Management Organization, LLC for
support services to airlines operating at PBI
3F-3 Receive and file amendment with American
Airlines, Inc. for removal of ticket counter space
3F-4 Resolution approving a Public Transportation
Grant Agreement with the Florida Department of Transportation for Maintenance
Compound Redevelopment at PBI
Page 15
3F-5 Change order with Community Asphalt Corp.
decreasing the contract amount and increasing the contract time for
Rehabilitation of Taxiway C at PBI
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Quit
Claim Deed from South Florida Water Management District for parcel in
Riverbend/ Loxahatchee River Battlefield Park
3H-2 Receive
and file Standard Infrastructure Surtax Project Funding agreement with Ric L.
Bradshaw, Sheriff
Page 17
3H-3 Receive
and file agreement with the Friends of the Mounts Botanical Gardens for an art
work exhibition
Page 18
3H-4 Amendment to
contract with The Weitz Company, LLC for carpet
replacement at the Palm Beach County Convention Center
J. PLANNING, ZONING & BUILDING
Page 19
3J-1 Resolutions
providing historical property tax exemptions to three properties
K. WATER UTILITIES
Page 20
3K-1 Contract
with JLA Geosciences, Inc. for wellfield improvements
Page 21
3K-2 Utility Work by Highway Contractor Agreement
with the Florida Department of Transportation for road improvements to Southern
Boulevard at Forest Hill Boulevard
3K-3 Tri-party indemnity agreement with Missions
Lakes II LLC and ABC Liquors, Inc.
Page 22
3K-4 Agreement
with Mattamy Palm Beach, LLC for water and wastewater
for the Enclave of Boynton Waters
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 22
3L-1 Memorandum
of Agreement with the Marine Industries Association of Palm Beach County, Inc.
related to the Lake Worth Inlet Flood Shoal Dredging Project
Page 23
3L-2 Resolution
transferring funds from the Pollution Recovery Trust Fund to expand the Lake
Worth Lagoon Monitoring Program
Page 24
3L-3 Lake
Worth Lagoon Project Partnership Agreement with the Department of the Army,
United States Army Corps of Engineering for the Lake Worth Lagoon Environmental
Restoration Project
Page 25
3L-4 Contract with Florida Atlantic University
related to the North County Comprehensive Shoreline Stabilization Project
APRIL 2, 2019
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 25
3M-1 Receive and file Children’s Services Council
Grant Agreement for the Glades Family Fun Fest
Q. CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Receive
and file amended grant award agreement with the John D. and Catherine T.
MacArthur Foundation’s Safety and Justice Challenge Grant
U. INFORMATION SYSTEMS SERVICES
Page 27
3U-1 Amendment
to the agreement with Florida LambdaRail, LLC increasing
their Committed Data Rate for Internet Access
3U-2 Addendum
to pricing schedule with AT&T ILEC
X. PUBLIC SAFETY
Page 27
3X-1 Receive
and file grants unit change request with the Florida Department of Health
Emergency Medical Services Section
Page 28
3X-2 Federal
funding subaward and grant agreement with the State of Florida, Division of
Emergency Management
3X-3 Memorandum
of Agreement with the Federal Emergency Management Agency Integrated Public
Alert and Warning Systems
Page 29
3X-4 Amendment
to contract with The Lord’s Place, Inc. to provide transitional housing
services for Family Drug Court/Dependency participants
3X-5 Receive
and file amendment to contract with the Florida Council Against Sexual Violence
CC. SHERIFF
Page 29
3CC-1 Budget amendment for FY 2019 law enforcement
services provided by the Sheriff’s office to the School Board of Palm Beach
County
Page 30
3CC-2 Budget amendment recognizing the federal
allocation received for FY 2019 Presidential Residence Protection Assistance
Grant
REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS
Page 31
4A-1 Resolution
authorizing the issuance of a Corrective County Deed to the City of West Palm
Beach correcting the legal description of a previously conveyed parcel
4A-2 Modification
of Deed Restriction for the Boys and Girls Club property located at the S.W.
corner of Belvedere Road and Drexel Road in West Palm Beach
B. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY
Page 32
4D-1 Sale
of five Westgate/Belvedere Homes Community Redevelopment Agency owned
properties to Danza Group, LLC
C.
HOUSING AND ECONOMIC SUSTAINABILITY
Page 33
4C-1 Economic
Development Incentive Agreement with Gulfstream Product Support Corporation
Page 34
4C-2 Economic
Development Incentive Agreement with Carrier Corporation
APRIL 2, 2019
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
BOARD
APPOINTMENTS (Page 35)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 36)
ADJOURNMENT (Page 37)
APRIL 2, 2019
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
declaring May 5-11, 2019 as National Correctional Officers and Employees Week
in Palm Beach County (Sponsored by Vice Mayor Kerner)
2. Proclamation
declaring April 7-13, 2019 as National Library Week 2019 in Palm Beach County
(Sponsored by Commissioner Valeche)
3. Proclamation
declaring April 11, 2019 as Women of Tomorrow Day in Palm Beach County
(Sponsored by Commissioner Weinroth)
4. Proclamation
declaring May 2019 as Building Safety Month in Palm Beach County (Sponsored by
Commissioner Valeche)
5. Proclamation
declaring April 14-20, 2019 as Palm Beach County Public Safety
Telecommunicators Week in Palm Beach County (Sponsored by Commissioner
Weinroth)
6. Proclamation
declaring April 11, 2019 as Palm Beach County Sheriff’s Office Volunteer Day in
Palm Beach County (Sponsored by Mayor Bernard)
7. Proclamation
declaring April 2019 as Water Conservation Month in Palm Beach County
(Sponsored by Commissioner Berger)
8. Proclamation
declaring April 2019 as Drowning Prevention Awareness Month in Palm Beach County
(Sponsored by Commissioner Weiss)
10. Proclamation declaring April 2019 as
Child Abuse Prevention Month in Palm Beach County (Sponsored by Commissioner
McKinlay)
11. Proclamation declaring April 7-13, 2019
as Crime Victims’ Rights Week in Palm Beach County (Sponsored by Vice Mayor
Kerner)
12. Proclamation declaring April 2019 as The
Lord’s Place SleepOut/SleepIn
to End Homelessness Month in Palm Beach County (Sponsored by Commissioner
Berger)
13. Proclamation declaring April 2019 as
Sexual Assault Awareness Month in Palm Beach County (Sponsored by Commissioner
McKinlay)
14. Proclamation declaring April 10, 2019 as
Palm Beach County Gopher Tortoise Day in Palm Beach County (Sponsored by
Commissioner Weiss)
* * * * * * * * * * * *
APRIL 2, 2019
2D. STAFF COMMENTS
1. ADMINISTRATION
COMMENTS
Staff recommends
motion to receive and file: the updated
Board Directive Reports which include in process and completed board directive
items. SUMMARY: At the February 6, 2018 Board of County Commission
Meeting, direction was given to the County Administrator to bring back as a receive and file once a month a status report of the board
directives to date. The categories of the board directives reflect two groups: 1) In Process and 2) Completed. The report continues to be updated
on an on-going basis. Countywide (DN)
2. COUNTY
ATTORNEY
APRIL 2, 2019
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER GREGG K. WEISS
1.
Request
for off-site Proclamation declaring April 2019 as the American Muslim Alliance
of Florida Month
.
District 3 – COMMISSIONER DAVE KERNER, VICE
MAYOR
1. Request
for off-site Proclamation declaring April 6, 2019 as K-9 Cigo
Day
2. Request
for off-site Proclamation declaring April 24, 2019 as Special Olympic Torch Run
Day
District 4 – COMMISSIONER ROBERT S. WEINROTH
1. Request for off-site Proclamation
declaring May 1, 2019 as Ruth & Norman Rales Jewish Family Services Day of
Action
2. Request for off-site
Proclamation declaring April 21-27, 2019 as Disability Matters Week
3. Request for off-site Proclamation
declaring April 11, 2019 as Women of Tomorrow Day
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD,
MAYOR
APRIL 2, 2019
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: two executed indemnification
agreements received during the month of January 2019 between Counterpointe
Energy Solutions Residential LLC (CESR) and Palm Beach County (Agreement 1) and
between Counterpointe Sustainable Real Estate (CSRE) and Palm Beach County
(Agreement 2). SUMMARY: The Board of
County Commissioners (BCC) has authorized a Property Assessed Clean Energy (PACE)
program to finance energy efficiency, renewable energy, and wind resistant
improvements for residential and commercial properties by levying non-ad
valorem assessments on property owners’ tax bills. The County signs interlocal
agreements with multiple PACE agencies/ authorities/districts for them to
finance qualifying improvements, which encourages competition and promotes
consumer choice. Florida PACE Funding Agency (FPFA) is a PACE
agency/authority/district that uses Counterpointe Energy Solutions (FL)
(CESFL) as FPFA’s PACE administrator. CESFL wants to delegate administrator duties to
affiliated companies CESR and CSRE. Doing so requires indemnification
agreements that acknowledge
that CESR and CSRE are FPFA administrators that will indemnify and hold the
County harmless as they carry out the PACE program in the County’s
jurisdiction. On January 9, 2019, the
County Administrator signed Agreement 1 and Agreement 2 to agree to such terms.
Countywide (JB)
2. Staff recommends
motion to approve: the appointment of Jacqueline M. Medford to
the CareerSource Palm Beach County, Inc. Board of Directors (Board) for the
period April 2, 2019 through April 1, 2022.
|
Nominee/ Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
|
Jacqueline M. Medford |
2 |
4/2/19-4/1/22 |
Private Sector |
Northern Palm Beach
County Chamber of Commerce |
SUMMARY: On November 18, 2014, the
Board of County Commissioners (BCC) approved the third amendment to the Interlocal
Agreement (R2014-1650) 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 federal 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 19
members with representation summarized in Attachment 3 to this agenda item.
The Board has a maximum of 33 seats, 22 currently filled and diversity count of
Caucasian: 16 (73%),
African-American: 5 (23%) and Hispanic: 1 (5%). The
gender ratio (female:male)
is: 9:13. This nominee is a Caucasian
female. Countywide (HH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
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
Final November 20, 2018
Reorganizational November 20, 2018
Regular November 20, 2018
Environmental
Control Board November
20, 2018
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements
list as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a
proportionate share agreement for $2,546,648, Project Control Number 2016-2029,
with Boca Raton Associates VIII, LLLP, dated February 5, 2019, for their
proposed project located on the east side of Lyons Road approximately one-half
mile north of Clint Moore Road. 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. This agreement was executed
by the County Administrator on February 5, 2019. 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. District 5 (LB)
2. Staff recommends
motion to approve:
A) the first amendment to the Construction
Engineering and Inspection (CEI) services contract (Contract) dated December
15, 2016 with AE Engineering, Inc. (AEE), for the bridge rehabilitation of
Camino Real/Boca Club Bridge over the Intracoastal Waterway Project (Project)
to update language in sections 7.1, 9, 12, and 20; and
B) Supplement No. 3 (Supplement) to the Contract
with AEE in the amount of $354,489.40 for
CEI services for the Project.
SUMMARY: Approving the first amendment will update
the language of the termination section, criminal history records check
section, non-discrimination section, and scrutinized companies section to be
compliant with current Palm Beach County standards. This solicitation for design professionals was advertised on June 19, 2016 and June 26, 2016 according
to the Small Business Enterprise (SBE) Ordinance
in place at the time, with final selection taking place on September 7,
2016. AEE committed to provide 3% SBE
participation. Approval of this Supplement will provide the CEI services needed to
complete structural steel repairs, machinery components and geotechnical
services for the Project and accommodate a 70-day extension of the
bridge closure. AEE proposes 3.05% SBE
participation for this Supplement, and its overall SBE participation for this
Contract is 3.48%. AEE is a Jacksonville
based company with an office located in Palm
Beach County. District 4
(YBH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) the second amendment to the Intersection Improvements
Annual Contract (Contract) R2017-0779 with HSQ Group, Inc. (HSQ), to update
language in sections 7.1, 9, 12, and 20; and
B) a task order to the
Contract with HSQ in the amount of $168,971.11 for professional services for the State Road 7
and Weisman Way intersection improvements (Project).
SUMMARY:
Approving the second amendment will update the language of the
termination section, criminal history records check section, non-discrimination
section, and scrutinized companies section to be compliant with current Palm
Beach County standards. This solicitation for annual design professionals was advertised on November 13, 2016 and November 20, 2016
according to the Small Business
Enterprise (SBE) Ordinance in place at the time, with final selection
taking place on February 16, 2017. This
Contract is scheduled for its second and final
allowable renewal by June 19, 2019, and will have the new EBO Ordinance added
at that time. Approval of this task
order will provide the professional engineering and surveying services
necessary for the preparation of complete design plans and construction bid
documents, including signal design, drainage, curb and gutter, sidewalk, and
signing and pavement markings for the Project.
The Florida Department of Transportation will provide matching funding
(not to exceed $110,000) for the Project in accordance with the County
Incentive Grant Program Agreement dated April 26, 2018, R2018-0364. The
SBE goal for all contracts is 15%. HSQ committed to 75% SBE participation for
the Contract. They propose 75.18% SBE participation for this task order, and
their overall SBE participation for this Contract is 79.14%. HSQ is a Palm Beach County (County) based
company. District 6 (YBH)
4. Staff recommends motion to approve: Work Order 2018051-25 in the amount of
$712,000 to mill and resurface the identified county-maintained residential
streets within the Sandalfoot subdivision utilizing
Palm Beach County’s (County) annual asphalt milling and resurfacing contract
2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger). Per
County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
Board of County Commissioners (BCC). SUMMARY:
Approval of this work order will allow the contractual services necessary to
construct the project. Prior to this work order, approximately $5 million of
Ranger’s $16 million Contract has been spent or encumbered. This annual
construction bid was solicited on July 8, 2018, prior
to the effective date of the Equal Business Opportunity (EBO) Ordinance and
pursuant to the Small Business Enterprise (SBE) Ordinance at the time. The
annual contract is scheduled for renewal by October
15, 2019 and will have the new EBO Ordinance added at that time. On October 16,
2018, the BCC approved the Contract with Ranger to provide milling and
resurfacing of County roadways for countywide projects. Ranger proposed 15% SBE
participation for the Contract and for this work order. Approval of this work
order will result in a cumulative SBE participation of 15% for all the work
orders issued under the Contract. District 5 (YBH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve:
a contract for Professional
Legal Services with LaBovick & LaBovick, P.A., dba LaBovick Law
Group, for legal services relating to personal injury protection (PIP) insurance
claims for Fire Rescue emergency transport services. This agreement shall be in
effect upon approval until March 31, 2023, with two one-year renewal options. No payment shall be made by County; however, the law firm
shall retain interest, penalties, postage and/or attorney’s fees and costs paid
by insurers in related PIP demands or litigation. SUMMARY: The County Attorney’s Office issued a Request for
Proposals for legal counsel services relating to personal injury protection
(PIP) insurance claims for Fire Rescue emergency transports. One proposal was
received and was deemed to be responsive to the RFP
requirements. The Selection Committee evaluated the responsive proposals and
unanimously recommended that the contract be awarded
to the law firm of LaBovick & LaBovick,
P.A., dba LaBovick Law Group. The contract term
is approximately four years, with two one-year renewal options. To maximize the
recovery of PIP benefits from insurers for Fire Rescue emergency transports,
the law firm will coordinate their services with those of the billing company
that was selected under a separate RFP for Fire Rescue
emergency transport third-party billing services. No
payment or reimbursement shall be made by the County to the law firm; however,
the law firm shall be entitled to retain any interest, penalties, postage
and/or attorney’s fees and costs paid by insurers in related PIP demands or
litigation, provided the County has received full payment of all PIP benefits
due or has duly authorized the settlement or compromise of the PIP claim. Countywide
(SGB)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) receive and file:
1. Amendment #0002 to Grant
Contract #IP003 with the Florida Department of Children and Families (DCF)
(R2017-1724), for the period October 1, 2018 through June 30, 2019, to decrease
the contract amount by $47,908.02 for a new contract amount not to exceed
$543,270.53; and
2. Amendment No. 01 to contract for Provision
of Services with Catholic Charities of the Diocese of Palm Beach County, Inc.
(Catholic Charities) (R2017-1731), for the period October 1, 2018 through June
30, 2019, to decrease the contract by $47,908.02 for a new contract amount not
to exceed $151,395.98 to provide financial assistance to homeless and at risk
homeless households; and
B) approve downward budget amendment of $47,908.02 in the Human
Services Program fund to align the budget to the actual grant.
SUMMARY: The Division of Human
and Veteran Services (DHS) received a 2016 Challenge Grant Contract through DCF
to provide homeless prevention services and to update the Ten-Year Plan to End
Homelessness. In May 2018, staff was notified of a
decrease in the State of Florida Office on Homeless FY2018-2019 budget, which
resulted in a reduction to the portion of the grant, which funds assistance to
an annual target number of households at risk of becoming homeless. The purpose
of this amendment is to decrease the grant funds by the corresponding amount of
$47,908.02 for a revised grant total of $543,270.53, which, in addition to the
Challenge Grant, includes funding for the Staffing Grant and the Temporary
Assistance to Needy Families (TANF) Grant. The County sub-contracts directly
with providers of homeless services for Challenge Grant funding, and as a
result, the sub-recipient contract with Catholic Charities will
be decreased by the amount of $47,908.02. The number of households to be served for the amended grant period has decreased from 45
to 23, reducing the total number of households served under this multi-year
fixed price cost reimbursement contract from 90 to 68. Catholic Charities will
continue to provide prevention services to the remaining households utilizing
additional internal, private and federal funds. There is no disruption in the
original number of clients served. DCF Amendment #0002 and
Catholic Charities Amendment No. 01 were executed by delegated authority.
The BCC authorized the County Administrator, or designee, to execute agreements
for this purpose. 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. No County funds required.re (Division
of Human and Veteran Services) Countywide (HH)
2. Staff recommends
motion to approve: Amendment No. 1 to contract for Provision of
Services with Aid to Victims of Domestic Abuse, Inc. (AVDA) (R2018-1337), for
the period October 1, 2018 through September 30, 2020, to revise language in
the scope of work from the term rapid rehousing to emergency shelter, for the
provision of emergency shelters to families fleeing domestic violence. SUMMARY:
Amendment No. 1 is necessary to revise language in the scope of work to
align the contract language with the actual services provided. AVDA provides
emergency shelter services to families experiencing homelessness due to
domestic violence. AVDA will continue to serve 65 clients. No County funds
are required. (Division of Human and Veteran Services) Countywide
(HH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: an extension of time to the Joint
Participation Agreement (JPA) with the Florida Department of Transportation
(FDOT) to construct hangars and associated infrastructure work at North Palm
Beach County General Aviation Airport; Financial Project Number 422466-1-94-01
approved by the Board on August 16, 2011 (R2011-1157) and amended September 11,
2012 (R2012-1246), is hereby extended until June 30, 2019. SUMMARY:
Delegation of authority for execution of the above extension
of time to the JPA with the FDOT was approved by the Board on October
18, 2011 (Agenda Item No. 3F11). Countywide (AH)
2. Staff recommends
motion to receive and file: a General
Aeronautical Services Permit (Permit) with American Sales and Management
Organization, LLC (ASMO), commencing March 1, 2019, terminating on September
30, 2019, and automatically renewing on an annual basis each October 1st to
September 30th until canceled, permitting ASMO to provide support services to
airlines operating at the Palm Beach International Airport (PBI), for payment
of service fees in the amount of seven percent (7%) of gross revenues derived
from non-signatory airlines. SUMMARY: The
Permit authorizes ASMO to provide aeronautical support to airlines at PBI. Delegation of authority for execution of the
standard County Permit above was approved by the BCC
in R2010-0708. Countywide (AH)
3. Staff recommends
motion to receive and file: a third amendment to Signatory Airline Agreement
with American Airlines, Inc. (R2016-0974, as amended) (the Agreement),
replacing Exhibit “B” to the Agreement, to remove 72 square feet of ticket
counter space from American Airlines’ leasehold for a rental reduction of
$2,590.91 at the Palm Beach International Airport (PBI), effective February 20,
2019. SUMMARY: American Airlines
has agreed to shift their ticket counter locations at PBI, which will result in
positioning the Airport’s common-use ticket counters to a central
location. This third amendment results
in a net reduction of 72 square feet in American Airlines’ preferential use
space. Delegation of authority for
execution of the standard County agreement above was approved
by the BCC in R2014-1033. Countywide (AH)
4. Staff recommends
motion to:
A) adopt a resolution approving a Public
Transportation Grant Agreement (PTGA) with
the Florida Department of Transportation (FDOT) in the amount of
$3,000,000 for the Maintenance Compound Redevelopment at Palm Beach
International Airport (PBI). This PTGA
will become effective upon final execution by the FDOT with an expiration date
of December 31, 2021; and
B) approve a budget amendment of
$3,000,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and budget additional project costs of
$3,000,000 for a total project cost of $6,000,000. The amount of $3,000,000 is in the current FY
2019 budget.
SUMMARY: The FDOT has issued a PTGA reflecting their
commitment of funding to the above referenced project in the amount of $3,000,000
or 50% of the eligible project costs, whichever is less. Airport local funding in the
amount of $3,000,000 is also
available for a total project cost of $6,000,000. Countywide (AH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
5. Staff recommends
motion to approve:
A) Change Order No. 4 to the contract with Community Asphalt Corp. (Community)
decreasing the contract amount by $87,813.80 and increasing the contract time
by 178 calendar days for the Rehabilitation of Taxiway C at Palm Beach
International Airport (PBI); and
B)
a budget transfer of $87,814 in the Airport’s
Improvement and Development Fund, including a transfer to Reserves in the
amount of $87,814.
SUMMARY: The contract with Community was approved by
the Board on July 12, 2016 (R2016-0851) in the amount of
$7,692,485 and 200 calendar days. Change
Orders 1-3 were approved in the amount of $62,418.30
and 33 calendar days in accordance with PPM CW-F-050. Approval
of Change Order No. 4 will provide compensation to Community for costs
associated with suspending the work during the presidential visits, changes in
taxiway geometry affecting airfield electrical work and materials due to
deleting the last work area from the contract.
In addition, the contract includes liquidated damages for failure to
complete individual work areas within the time specified to minimize the
impacts to air operations at PBI. The
contract time will be increased by 178 calendar days
due to the additional work, inclement weather, presidential visits and
unforeseen conditions, which are beyond Community’s control. However, Community failed to complete six out
of the 17 phases within the approved extended contract time. The attached change
order includes a deduction for liquidated damages in accordance with the
contract related to those phases. The
net amount of the change order is a contract reduction of $87,813.80. The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 14%. Community committed to 9.9% DBE
participation. The DBE participation to
date is 7.34%. Countywide (AH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to:
A) accept a Quit Claim Deed from
the South Florida Water Management District (District) for an approximately
1.04-acre parcel in Riverbend/Loxahatchee River Battlefield Park (Riverbend
Park) subject to reserved access for the District and restrictive covenants
preserving and protecting its conservation value and requiring its management
and use be consistent with the objectives of the National Wild and Scenic Rivers
System;
B) approve an easement agreement in
favor of the District for the operation and maintenance of District’s existing
tri-zone monitoring well at Lake Lytal Park; and
C) approve an easement agreement in
favor of the District for a proposed monitoring well station at John Prince
Memorial Park.
SUMMARY: Riverbend Park’s overall size is
approximately 727 acres. The County owns
approximately 217 acres and the District owns approximately 510 acres. The County, through concession agreements,
has operated a kayak launch ramp on approximately 1.04 acres of property owned
by the District and leased to the County (The District Tract). The District has agreed to convey the
District Tract to County in exchange for the County granting the District two easements
for monitoring wells within Lake Lytal and John
Prince Memorial Parks. The conveyance of the District Tract to the County will
be subject to restrictive covenants preserving and protecting its conservation
value, and requiring its management and use be consistent with the objectives
of the National Wild and Scenic Rivers System Act. A non-exclusive easement will be granted to the District for the operation and
maintenance of the District’s existing tri-zone monitoring well located at Lake
Lytal Park. Also, a non-exclusive easement will be granted to the District
for a monitoring well station at John Prince Memorial Park. The easement area
for the tri-zone monitoring well contains approximately 101.34 square feet
(0.002 acres). The easement area for the
proposed monitoring well station contains approximately 3380.88 square feet
(0.08 acres). Both easements will be granted to the District at no charge in exchange for
the District conveying the District Tract to County. (PREM) Districts 1,
2 & 3 (HJF)
2. Staff recommends
motion to receive and file: a Standard
Infrastructure Surtax Project Funding Agreement for the administration and
funding of FY2019 vehicle replacement dated November 14, 2018, with Ric L.
Bradshaw, Sheriff of Palm Beach County (Sheriff) for the period of November 14,
2018 through November 13, 2019. SUMMARY:
In accordance with County PPM CW-O-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The attached standard
Agreement, dated November 14, 2018 has been fully executed
on behalf of the Board of County Commissioners (Board) by the Director of
Facilities Development & Operations. The Standard Agreement was
approved by the Board on April 4, 2017, Agenda 5C-3. This executed
document is now being submitted to the Board to
receive and file. This project is funded through
the infrastructure sales tax. (FDO Admin) Countywide (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to receive and file:
A) a Standard License Agreement for Use of County-Owned Property for a
period not to exceed three years upon execution with Friends of the Mounts
Botanical Gardens (Mounts Botanical
Gardens) for an art work exhibition;
B) a Standard License Agreement for Use of County-Owned Property for a
period of January 22 through April 15, 2019 with United Way of Palm Beach
County, Inc. (Jupiter and Belle Glade Community Action Program Offices) for tax
preparation;
C) a Standard License Agreement for Use of County-Owned Property for a
period of January 17 through February 6, 2019 with South Florida Fair and Palm
Beach County Expositions (Weisman Way Wheel Lot) for public parking and;
D) a Standard
License Agreement for Use of County-Owned Property for February 23, 2019 with
Guardians Credit Union (Vacant lot Adjacent to Main Library) for public
parking.
SUMMARY: In accordance with County PPM
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. The attached standard Agreements have been fully executed on behalf of
the Board of County Commissioners (Board) by the County Administrator or
designee. The Standard License
Agreements were approved in accordance with
R2010-0333, as amended and approved by the Board on October 1, 2013. These
executed documents are now being submitted to the
Board to receive and file. (FDO Admin) Countywide (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to authorize: the County Administrator
or designee to execute a Guaranteed Maximum Price Amendment (Amendment) to the
contract (R2016-0763) with The Weitz Company, LLC (Weitz) in an
amount not to exceed $800,000 for the purchase of replacement carpet material
at the Palm Beach County Convention Center as well as pre-construction services
relating to the carpet install. SUMMARY: On June 21, 2016, the Board approved the
annual contract with Weitz to provide construction management services. The
construction management scope of services included in this Amendment includes
the coordination, ordering, purchasing and storing of new carpet for the Palm
Beach County Convention Center. The existing carpet at the
Convention Center is 16 years old, is subject to high pedestrian traffic, and
has outlived its useful life. The new carpet is of the same long lasting
wool specification as was originally specified and
installed at the time of construction. Wool carpet products are
exclusively manufactured overseas. This Amendment will authorize Weitz
to: 1) provide a $305,000 deposit to the carpet manufacturer to secure the
place in the production queue and commence production, and 2) pay the balance
of the carpet purchase price prior to the shipment leaving from the overseas
port. While atypical for the County, this payment structure is typical for
carpet production and shipment of this type and is similar to the structure
that was required when the carpet was originally purchased
in 2002. Weitz will receive a supply bond from the carpet manufacturer, which
will cover all aspects of the production through the carpet’s arrival at an US
Port. In addition, Weitz will provide the County with a payment and performance
bond for the material delivery including its storage in a secure and bonded
warehouse. Authority to execute the contract is being
requested so that the Amendment can be executed prior to the next BCC
meeting in order to receive the carpet by late July – early August and have it
installed in late August – early September (which are the slowest time of year
for Convention Center events). The
County Attorney’s approval of the Amendment will be secured prior to the County
Administrator, or designee, approving the Amendment and the Amendment will be
submitted as a receive and file item after it is
executed. FDO has received a waiver from the Office of Equal Business
Opportunity for the carpet, as there are no S/M/WBE manufacturers. There is no
S/M/WBE participation in this Amendment and Weitz is a Palm Beach County
business. This Amendment will be funded from the Tourist Development Bed Tax revenues which have been allocated specifically to
renewal/replacement projects at the Convention Center. After the carpet has been ordered, Weitz will focus its attention to the
solicitation for qualified carpet installers for the cutting and installation
of the carpet. The solicitation for installers will be subject to the
requirements of the Equal Business Opportunity Ordinance. A separate amendment for the carpet install
will be submitted to the BCC at a later date. This
project is funded through the Tourist Development Bed
Tax. (Capital Improvements Division) Countywide/District 7 (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to:
A) adopt a resolution of the Board of
County Commissioners of Palm Beach County, Florida, granting a County tax
exemption for the historic rehabilitation of the property located at 106 SE
7th Avenue, Delray Beach;
B) approve a tax exemption covenant for 106 SE 7th
Avenue, Delray Beach, requiring the qualifying improvements be maintained
during the ten-year period that the tax exemption is granted;
C) adopt a resolution of the Board of
County Commissioners of Palm Beach County, Florida, granting a County tax
exemption for the historic rehabilitation of the property located at 219 SE
7th Avenue, Delray Beach;
D) approve a tax exemption covenant for 219 SE 7th
Avenue, Delray Beach, requiring the qualifying improvements be maintained
during the ten-year period that the tax exemption is granted;
E) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property
located at 1109 Nassau Street, Delray Beach; and
F) approve a tax exemption covenant for 1109 Nassau Street, Delray
Beach, requiring the qualifying improvements be maintained during the ten-year
period that the tax exemption is granted.
SUMMARY: These resolutions will authorize a County tax
exemption for the following historic properties located within the City of
Delray Beach: 106 SE 7th Avenue, (property is
privately owned for residential use); 219 SE 7th Avenue,
(property is privately owned for residential use) and 1109 Nassau Street,
(property is privately owned for residential use). If granted, the tax exemption
shall take effect January 1, 2019, and shall remain in effect for ten years, or
until December 31, 2028. The exemption shall apply to 100 percent of the
assessed value of all improvements to the historic property, which resulted
from restoration, renovation, or rehabilitation of the property. The estimated
total tax exempted for the ten years ending December 31, 2028, is $46,140.
Actual exemption amounts will be based upon the
Countywide Millage rate on a yearly basis. It is estimated
that approximately $4,614 tax dollars will be exempted annually based on the
2019 Countywide Millage Rate. Accompanying each resolution is a restrictive covenant,
which requires the qualifying improvements be maintained
during the period that each tax exemption is granted. For fiscal year
2018-2019, the BCC has approved a total of seven
exemptions totaling $29,837. District 7 (RPB)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve:
A) a contract for Professional Consulting/Engineering
Services (Contract) with JLA Geosciences, Inc., for the System-wide Wellfield
Improvements Hydrogeologic, Engineering Design and Construction Services; and
B) Consultant Services Authorization (CSA) No. 1 for the Water Treatment Plant No. 2, 3, 8
and 9 Wellfield Improvement Design and Construction Services in the amount of
$1,205,727.59.
SUMMARY: The proposed Contract will provide for
hydrogeologic, engineering and construction services as part of a multi-year
program for improving the Water Utilities Department’s (WUD) surficial
production well capacity. The Contract
has a term of four years. CSA No. 1 provides for the drilling of one new well,
re-drilling seven existing wells, replacing ten existing well screens and
electrical improvements for an additional 22 wells for the Department’s smart
wellfield program. The work will result
in improved operations in those wells being re-drilled as well as improved
energy efficiency as a result of the electrical
improvements. This Contract was procured under the
requirements of the 2002 Small Business Enterprise (SBE) Ordinance prior to the
adoption of the amended Equal Business Ordinance on October 16, 2018. The SBE participation goal established by the
2002 SBE Ordinance was 15% overall participation. JLA
Geosciences, Inc., has agreed to meet a 59% SBE goal which includes 22%
MWBE participation, 20% MWBE (H), 1% MWBE (B) and 1% MWBE (W). CSA No. 1 includes 61.69% SBE participation,
which includes 38.735 (SBE) 19.518% MWBE (H), 1.453% MBE (B) and 1.985% WBE
(W). JLA
Geosciences, Inc., is a local company and
certified SBE. (WUD 18-051 Contract and
WUD 19-022 CSA 1) Districts 2 & 5 (MJ)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve:
A) a “Utility Work by Highway Contractor Agreement (At
Utility Expense)” (UWHCA) with Florida’s Department of Transportation (FDOT) in
the amount of $335,648;
B) a Three Party Escrow Agreement between the State
of Florida Department of Transportation, Palm Beach County and the State of
Florida Department of Financial Services Division of Treasure; and
C) authorization to the County Administrator or designee to
approve increased utility relocation costs up to a cumulative project cost of
$500,000.
SUMMARY:
FDOT
is proposing road improvements to SR 80 (Southern Boulevard) at Forest Hill
Boulevard. These road improvements will necessitate the relocation of an
existing 8” force main, and four valve boxes. In order to include the utility work within the FDOT road improvement
project and to provide FDOT the authorization to undertake the relocation of
the aforementioned facilities, FDOT requires the County to enter into the UWHCA
in the amount of $335,648. Inclusion of the utility relocation work in the
FDOT road improvement project will save costs and ensure that the project is not delayed due to the complexity of the required work.
The consultant for FDOT will prepare the relocation plan and the
construction will be performed by FDOT’s contractor. In
certain circumstances, the lowest responsive and responsible bid for the
utility work to be undertaken as part of the FDOT
project is higher than the authorized amount of the UWHCA. If the bid exceeds the official cost estimate
by more than 10%, the County is required to notify FDOT in writing within ten
days if the work will still be performed as part of
the road improvement project or if the utility will elect to have the utility
work removed from the FDOT contract. Given the complexity of the project,
removal of the utility relocation work would result in project delays, oversight
conflicts and additional project costs. Therefore, staff recommends the Board
of County Commissioners (BCC) authorize the County Administrator or designee to
approve any increase in utility relocation costs up to a cumulative project
cost of $500,000. Any approval of an
increase will be brought back to the BCC as a receive
and file item at the next available meeting. (WUD Project No.18-034) District 6 (MJ)
3. Staff recommends motion
to approve: a Tri-Party Indemnity Agreement between Mission
Lakes II LLC (Property Owner), ABC Liquors, Inc., (Lessee) and Palm Beach
County. SUMMARY: The
Property Owner owns a parcel of undeveloped commercial real
estate on State Road 7 north of Lantana Road. The Property Owner leases the
Property to the Lessee. In order to
connect to the County wastewater collection system, the Lessee proposed a
connection into a privately-owned lift station and
appurtenant facilities located on an adjacent parcel owned by the Target
Corporation. The Lessee claims rights to use the facilities pursuant to the
Operation and Easement Agreement Between Target Corporation and Mission Lakes
LLC. County staff approved the proposed connection subject to the Property
Owner and Lessee entering into a Tri-Party Indemnity Agreement with the County.
The Maintenance and Easement Agreement secures continued access to the lift
station for the Property Owner and ensures the continued maintenance of the
lift station. This Tri-Party Indemnity Agreement requires the Property Owner
and Lessee to indemnify, defend and hold the County
harmless if the Lessee is no longer able to utilize the private wastewater
facilities located on the adjacent parcel. Both agreements run with the land
and bind successors to their terms. District 3 (MJ)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: a Non-Standard
Potable Water and Wastewater Development Agreement (Agreement) with Mattamy
Palm Beach, LLC (Mattamy) for a period of five years beginning on April 2,
2019 through April 1, 2024. SUMMARY: Mattamy owns property called
the Enclave of Boynton Waters located off of South Jog
Road and South of Boynton Beach Boulevard in Boynton Beach. In order
to provide potable water and wastewater concurrency reservations for new
developments, the Water Utilities Department (WUD) requires property owners to
enter into a formal development agreement with WUD. While the WUD Director has been delegated the
authority to enter into Standard Development Agreements (SDAs), the Board of
County Commissioners (BCC) is required to approve any non-standard agreements.
In this case, the facilities on
the property were previously constructed and turned over to the County, thereby
rendering certain provisions of the SDA inapplicable. The owner has paid the
Mandatory Agreement Payment in the amount of $39,620.40,
which is equal to 12 months of Guaranteed Revenue Fees upon approval of the agreement.
Districts 3
& 5 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to:
A) approve a Memorandum
of Agreement (Agreement) with the Marine Industries Association of Palm Beach
County, Inc. (MIAPBC), a Florida not-for-profit corporation to cost-share the
development, engineering, design and permitting of the Lake Worth Inlet Flood
Shoal Dredging Project (Project) in an amount up to $168,000 or 50% of the
Project cost, commencing upon execution and expiring December 30, 2021;
B) adopt a resolution to authorize the Clerk and Comptroller to
disburse $168,000 in Vessel Registration Fees to cover the funds specified in
the Agreement;
C) approve a budget transfer of $168,000 in the
Environmental Enhancement Non Specific Fund (1225) from reserves to fund the
Project; and
D) authorize the County Administrator, or designee, to execute
the Agreement, as well as any task assignments, certifications, and other forms
associated with this Agreement, and any necessary minor amendments that do not
significantly change the scope of work, terms, or conditions of this Agreement.
SUMMARY:
This Agreement establishes a partnership between the County and the
MIAPBC for the planning, design and permitting costs associated with the
Project located in Riviera Beach to improve
navigation, safety and tidal flushing while reducing sedimentation in the
Project area and providing fill material for a habitat restoration project in
the Lake Worth Lagoon (LWL). Total cost for the Project, not including
construction, is estimated to be $336,000 with the
County’s share limited to a not to exceed value of $168,000. On March 12, 2019,
the Board of County Commissioners approved submittal of an application to the
Florida Inland Navigation District (FIND) for funding assistance for the
Project. If successful in receiving the funding from FIND, the County will be reimbursed up to $140,000 or 50% of the Project
cost. The $336,000 total cost within this Agreement represents an additional
20% contingency above the $280,000 funding request to FIND. The remaining
project costs will then be cost-shared equally between the County and MIAPBC,
representing an amount up to an additional $28,000 after cost-sharing
with MIAPBC. The County’s final share
for the grant request is anticipated from Vessel
Registration Funds. Districts 1 & 7
(SF)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) adopt a resolution authorizing the Clerk and Comptroller to transfer
$780,000 from the Pollution Recovery Trust Fund (PRTF) to continue and expand
the Lake Worth Lagoon (LWL) Monitoring Program; and
B) approve a budget transfer of $780,000 from PRTF to
the LWL Monitoring Program.
SUMMARY:
This resolution authorizes the transfer of funds from PRTF to continue
and expand water quality and biological monitoring within the LWL and
surrounding watershed. The LWL Monitoring Program includes various long-term
data collection and reporting efforts designed to monitor the overall system
health of LWL dating back to 1999. Recent water quality issues including new
and more frequent outbreaks of blue-green algae and red-tide
within LWL identify a significant need to continue long-term data collection
and to expand monitoring efforts in order to make sound management decisions
regarding the long-term preservation and enhancement of LWL. These funds will
support three years of continued and expanded efforts consistent with a
watershed management approach and existing action plans within the LWL
Management Plan as originally approved by the Board of County Commissioners on
December 7, 1999 (R99-2330). Districts 1, 2, 3, 4
& 7 (SF)
APRIL 2, 2019
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve the Lake Worth Lagoon (Section 1135)
Project Partnership Agreement (PPA) with the Department of the Army, United
States Army Corps of Engineers (ACOE) to implement a Lake Worth Lagoon (LWL)
Environmental Restoration Project (Project);
B) adopt a resolution to authorize the Clerk and Comptroller to
disburse $935,401 in Vessel Registration Fees to cover a portion of the funds
specified in the PPA;
C) approve a budget transfer of $935,401 in the
Environmental Enhancement Non Specific Fund (1225) from reserves to fund a
portion of the Project; and
D) authorize the County Administrator, or designee, to sign all
future time extensions, task assignments, certifications, and other forms associated
with this agreement, and any necessary minor amendments that do not
significantly change the scope of work, terms, or conditions of this agreement.
SUMMARY: On October 6, 2015, the Board of County
Commissioners approved a Federal Cost Sharing Agreement (R2015-1393) with ACOE
to conduct an environmental restoration project feasibility
study. The study resulted in a February 2017 Feasibility Report from
ACOE recommending construction of the Project, which is the subject of the
proposed PPA. The total project cost is estimated to be
$11,815,000. The Project will utilize dredge spoil from Peanut Island to create
an approximately 50 acre eco-island chain in the LWL including mangrove
islands, riprap wave-breaks, oyster reef and seagrass recruitment area. Upon
execution of the PPA, the County, as local sponsor, is responsible for
reimbursing the ACOE $2,953,750, or 25% of the total Project cost. The County’s
share of the Project costs will be funded by Manatee Protection Program Funds
($1,352,992), Vessel Registration Fees Trust Funds ($935,401), and creditable
real property interests and in-kind services in the amount of
$665,357 from the Palm Beach County (PBC) Department of Environmental Resources
Management (ERM). A portion of PBC funds is anticipated to be
supplemented by grants, which would replace some PBC funds. ACOE is
responsible for the remaining $8,861,250. Project construction is expected to begin in the summer of 2020, and be completed
within one year. Additionally, the $39,500 County share of Adaptive Management
and Monitoring is expected to be covered by in-kind
services. In the event that the final audit shows that the County’s
contributions exceed its share, reimbursement is contingent upon a separate
agreement and subject to the availability of funds. Project construction will be performed by ACOE with local Project management
coordinated by ERM. Districts 3 & 7 (SF)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) approve
a contract for Consulting/Professional Services with Florida Atlantic
University (FAU) for an amount not to exceed $4,391, providing for a three-year
period of sediment analysis and beach profiling related to the North County
Comprehensive Shoreline Stabilization Project (NCCSSP), beginning upon
execution of this contract and expiring December 31, 2021; and
B) authorize the County Administrator, or designee, to sign all
future time extensions, task assignments, certifications, and other forms
associated with this contract, and any necessary minor amendments that do not
significantly change the scope of work, terms, or conditions of this contract.
SUMMARY: This contract will provide critical sediment
analysis and beach profile data to answer questions addressed in the recent
permitting process for the NCCSSP. This data will be correlated to sea turtle nesting data
and analyzed to provide an overall assessment of the project and sand source.
This contract is funded by beach management funds allocated
to the NCCSSP. District 1 (SF)
M. PARKS & RECREATION
1. Staff recommends motion to:
A) receive and
file a fully executed Children’s Services
Council Grant Agreement for the Glades Family Fun Fest in the amount of $2,500 for
the period January 23, 2019 to April 23, 2019; and
B) approve budget amendment of $2,500 within the General Fund
to establish budget for the approved grant.
SUMMARY: The Parks and Recreation
Department submitted an electronic grant application on October 4, 2018, to the
Children’s Services Council of Palm Beach
County. The Department was awarded the grant and the grant agreement was executed
by the Director of Parks and Recreation on behalf of the Board of County
Commissioners pursuant to PPM CW-F-003.
The grant funding will be utilized to enhance the 4th
Annual Glades Family Fun Fest community event taking place in Belle Glade. The County
was awarded grant funding which will support and
educate the residents of Pahokee, Belle Glade and South Bay of the many
benefits offered through local agencies in the area and to promote health and
wellness through a variety of games and activities. The Glades Family Fun Fest is a free event
for all ages and residents of western Palm Beach County. The collaboration
helps align both organizations’ missions and reinforces the importance of
children growing up healthy, safe and strong. The estimated amount of
attendances is between 500-600 people. The
grant does not require a County match. District 6 (AH)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive and file an amended grant award agreement with the
John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge
Grant 17-1704-151863-CJ reflecting a Community Engagement Supplemental Award in
the amount of $75,000 for the period of January 7, 2019 through September 30,
2020;
B) approve a budget amendment to recognize additional grant
funds of $75,000 in the MacArthur Foundation Safety and Justice Challenge $2M
grant fund;
C) receive
and file Grant Adjustment Notice 1 to realign the original grant budget of
$2,000,000 to increase the funding for local criminal justice system-wide
implicit bias training and to reflect a no cost extension to September 30,
2020; and
D) receive
and file a second amendment
to the contract with Florida State University to increase the funding by
$16,000 to fund a doctoral student to work as an intern with an end date of
September 30, 2020.
SUMMARY: Palm Beach
County was awarded a $2,000,000 grant from the John D.
and Catherine T. MacArthur Foundation (Foundation) on October 2, 2017 as a core
site in the Foundation’s Safety and Justice Challenge (R2017-1709). Palm Beach
County received a Supplemental Community Engagement grant award of $75,000 from
the Foundation on January 7, 2019. These funds are to be used
for community engagement events and activities relating to the criminal justice
system and addressing racial and ethnic disparities within that system. The
Foundation agreed to Grant Adjustment Notice 1 (GAN1) to realign the original
grant budget to fund criminal justice system-wide implicit bias training and a
no cost extension until September 30, 2020. Implicit bias training is designed to educate criminal justice system stakeholders
and participants on how to recognize and address implicit bias. The amended grant agreement and GAN1 were executed on January 7, 2019
and February 13, 2019 respectively, on behalf of the Board by the CJC Executive
Director in accordance with R2017-0914. A second
amendment to the contract with Florida State University was executed by the CJC
Executive Director on February 13, 2019 in accordance with R2016-1807 to
reflect an increased cost of $16,000 for the services of a doctoral student to
assist in data collection and analysis for the Safety and Justice Challenge
Project to be paid from the MacArthur grant. No local match is required for this grant. Countywide (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) approve the third amendment to the Affiliate Connection Agreement R2014-0851
with Florida LambdaRail, LLC. (FLR) to increase their
Committed Data Rate for Internet Access from 4.5 Gbps to 6.0 Gbps at an annual
cost increase of $72,000;
B) ratify the Term Extension Letter exercised on October 16, 2018 extending the
term of the agreement by one year to April 15, 2019;
C) authorize the County Administrator, or designee, to exercise the remaining three
successive one-year term renewal options in the Agreement.
SUMMARY: The third amendment
to the Affiliate Connection Agreement R2014-0851 with FLR increases the
Committed Data Rate for Internet Access from 4.5 Gbps to 6.0 Gbps at an annual
cost increase of $72,000. This will provide the County with increased broadband
services for faster internet access and connectivity to the Northwest Regional
Data Center disaster recovery site, as well as allowing the County to provide
increased internet speeds to external customers. The term of the agreement is
four years with the option to extend for four successive one-year terms upon
written notice. Palm Beach County
exercised the first one-year extension on October 16, 2018 for the period of
April 16, 2018 to April 15, 2019. Countywide (DB)
2. Staff recommends
motion to approve:
Addendum
FL19-0233-01 to the AT&T ILEC Intrastate Pricing Schedule FL 12-2278-02
(R2012-1763) to allow for a 12 month extension of AT&T telecommunications
services at current rates. SUMMARY: The extension of this pricing
schedule allows the County to maintain AT&T telecommunications services at
current rates while finalizing the conversion associated with the Unified
Communications Project that replaced the legacy telephone systems. Countywide (DB)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the approved
Florida Department of Health Emergency Medical Services (EMS) Section, Grants
Unit Change Request in the amount of $20,242.78 for EMS Grant ID Code C7050 to
improve and expand EMS systems for the period December 21, 2018 through
December 31, 2019. SUMMARY:
The
County was awarded $160,789 (CSFA # 64.005) during the
FY2018-19 grant cycle from the State of Florida Department of Health, Bureau of
EMS, to improve and expand the EMS systems. The unspent balance of $17,674.78
from the previous FY 2017-18 grant cycle, Grant ID Code C6050, plus interest
earned of $2,568 for a sum total of $20,242.78 will roll over into the
FY2018-19 grant cycle, Grant ID Code C7050 bringing the total to $181,031.78. The grant funding may be used by the County
or municipal agencies to purchase EMS equipment or provide training. On
December 4, 2018, R2018-1928 authorized the County Administrator to sign the
Grant Budget Change Request form for the EMS County Grant Award funds. There is no ad valorem funding required. Countywide
(LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) approve the Federally Funded Subaward and Grant Agreement (Z0596) with the State
of Florida, Division of Emergency Management (FDEM) to authorize the
reimbursement of eligible project expenses totaling $164,282.86 for the federal
cost share and $27,380.48 for the state cost share for a total of $191,663.34
for Public Assistance funding for three Hurricane Irma projects; and
B) authorize the County
Administrator, or designee, to execute future Federally Funded Public
Assistance Amendments with the State of Florida after approval of legal
sufficiency by the County Attorney’s Office.
SUMMARY: On
September 4, 2017, the President of the United States issued a major disaster
declaration designated “FEMA-4337-DR-FL” for the State of Florida as a result
of Hurricane Irma authorizing Public Assistance funding for eligible Florida
counties. Public Assistance is a federal
grant (CFDA #97.036) to aid state and local governments in returning a disaster
area to pre-disaster conditions. The
three projects on this agreement consist of Project Worksheet (PW) #2596 for
the Engineering Department in the amount of
$19,463.07, PW# 3089 for the Information Systems and Services (ISS) Department
in the amount of $19,319.13, and PW# 3534 for ISS in the amount of $152,881.14.
There are a total of 25 PWs. FDEM will send Federally Funded Public
Assistance Amendments for the remaining projects once the projects are
obligated for funding. The federal share
of the eligible costs under this agreement is 75% for Categories “D” and “F”
and the nonfederal share will be the remaining amount. Payment of a specified portion of the
nonfederal share is contingent upon future State appropriations. Typically, the
State of Florida will contribute a 12.5% share of the qualified actual expenditures
incurred, leaving the County responsible for absorbing the remaining 12.5%. Countywide
(LDC)
3. Staff recommends
motion to:
A) approve the Memorandum of Agreement (MOA) with the
Federal Emergency Management Agency (FEMA) Integrated Public Alert and Warning
Systems (IPAWS) Program Management Office to allow the County’s Public Safety
Department Division of Emergency Management (DEM) to facilitate the exchange of
emergency messages using the Interoperable Systems for Emergency Networks
(IPAWS OPEN) for a three year period upon execution; and
B) authorize the County Administrator, or designee, to
execute agreements with the FEMA in Palm Beach County for the above mentioned
services.
SUMMARY: The signing of this MOA will allow the
County, through its DEM, to facilitate the exchange of emergency messages
utilizing the standardize web based application interface. This application
receives and authenticates messages transmitted by alerting authorities and
routes them to the public via radio, television, mobile telephone, National
Oceanic and Atmospheric Administration weather radios, internet based systems,
and other dissemination systems. IPAWS provides public safety officials local
systems integration that use a Common Alerting Protocol with an effective way
to alert and warn the public about serious emergencies. Since the equipment and software requirements
are already in place, there is no additional cost associated with gaining
access to the IPAWS system. Countywide (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to approve: the first amendment to the contract for
Consulting /Professional Services with The Lord’s Place, Inc. (R2018-0589)
increasing the contract by $36,000 for a new not-to-exceed
contract amount of $66,000 to provide transitional housing services for the
Family Drug Court/Dependency participants for a contract term April 10, 2018
through September 30, 2021. SUMMARY: Supportive transitional
housing has been an important element of the Family Drug Court program. These
facilities provide the only housing available to family units for substance
abusing indigent citizens and are managed by The
Lord’s Place, Inc. It offers short-term
housing with a goal for the client to obtain stable employment and housing that
supports reunification. The number of
participants in need of supportive transitional housing has increased over the
past year. Actual expenses to date
exceed estimates. This amendment will provide additional funding to continue to
meet the needs of the Family Drug Court clients being
discharged from residential treatment who need housing to enter either Burkle Place or Halle Place through the end of the contract
period. Funds for these services are included in the department budget. Countywide (LDC)
5. Staff recommends
motion to:
A) receive
and file executed Amendment 1 for Contract 18SAS26 with the Florida Council
Against Sexual Violence (FCASV) decreasing the award amount by $52,691 for the
period August 1, 2018 through July 30, 2019; and
B) approve
a
downward budget amendment of $52,691 in the Public Safety Grants Fund to adjust
the budget to the actual grant award.
SUMMARY: Palm Beach County Division of Victim
Services (DVS) was awarded a Sexual Assault Services
Program (SASP) Formula Grant (CFDA#16.017) from FCASV. On November 20, 2018, the Board approved the
Contract (R2018-1814) that recognized the grant award amount of $152,345. FCASV was notified by the
Florida Department of Health that the SASP award for all providers has
been reduced. The County’s award amount was reduced
from $152,345 to $99,654 for the first year. Due to the reduction of funds, one
of the two victim advocate positions (pay grade 25) approved as part of the
grant will be deleted from the DVS complement. Deliverables were modified to
reduce the number of clients being served as a result
of the eliminated position. No additional funds are needed
at this time. R2006-0095 authorizes the
County Administrator or designee to execute FCASV grant contracts on behalf of
the County. No County matching funds are
required for this grant. Countywide
(LDC)
CC. SHERIFF
1. Staff recommends
motion to approve: a budget amendment of
$992,250 in the General Fund for FY 2019 law enforcement services provided by
the Palm Beach County Sheriff’s Office to the School Board of Palm Beach County
through contractual agreement for the period of October 1, 2018 through July
31, 2019. SUMMARY: The
budget amendment is requested to provide law
enforcement services as prescribed within the Contractual Agreement between the
Palm Beach County Sheriff’s Office and the School Board of Palm Beach
County. The services of ten Deputy
Sheriffs shall be provided on a daily basis on the
days designated by the School Board. Countywide (LDC)
APRIL 2, 2019
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends
motion to approve: a budget amendment of
$5,623,392 in the General Fund to recognize the federal allocation received by
the Palm Beach County Sheriff’s Office under the Fiscal Year (FY) 2018
Presidential Residence Protection Assistance Grant (PRPA). SUMMARY: On February 25,
2019, the Palm Beach County Sheriff’s Office received a federal grant award
from the U.S. Department of Homeland Security/Federal Emergency Management
Agency as reimbursement for the extraordinary law enforcement personnel costs
incurred for protection activities directly associated with the designated
residence of the President during the period October 1, 2017 through September
30, 2018. There is no match
requirement associated with this award.
No new positions are needed. Countywide
(LDC)
* * * * * * * * * * * *
APRIL 2, 2019
A. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) adopt a resolution authorizing the issuance of a Corrective County Deed to the
City of West Palm Beach to correct the legal description of a 0.04 acre of real
property previously conveyed to the City; and
B) approve a Corrective County Deed
in favor of the City.
SUMMARY: In November 1997, the County
acquired a 0.04 acre surplus parcel via Tax Deed. On
December 5, 2000 (R2000-1981), the Board approved the conveyance of the 0.04 acre surplus parcel to the City. The parcel is located
near 9th Street and North Tamarind Avenue in West Palm Beach. The City discovered a
scrivener’s error in the legal description and has requested that the County
execute a Corrective County Deed.
As the error originated in the tax rolls, County staff requested that
the Clerk and Comptroller provide a Corrective Tax Deed. On February 26, 2019, the Clerk’s office
recorded a Corrective Escheatment Tax Deed to correct the scrivener’s error
contained in the legal description within the 1997 tax deed. This Corrective County Deed with the
corrected legal description will re-convey the surplus parcel to the City, at
no charge, without reservation of phosphate, mineral, metals, and petroleum
rights. This re-conveyance must be
approved by a Supermajority Vote (5 Commissioners)
pursuant to the PREM Ordinance. (PREM) District 7 (HJF)
2. Staff recommends
motion to approve: a Modification of Deed
Restriction for the Boys and Girls Club of Palm Beach County, Inc. (B&G
Clubs) property located at the S.W. corner of Belvedere Road and Drexel Road in
West Palm Beach. SUMMARY: B&G
Clubs is proposing to expand its existing Belle Glade Teen Center
facility and is seeking to obtain $8M in New Market Tax Credit Financing for
development of its expanded facility. The loan will require a mortgage to
secure repayment. The B&G Clubs cannot currently mortgage the Belle
Glade property due to a prohibition on liens and mortgages contained in a prior
deed from the Internal Improvement Trust Fund. The lender has agreed to
accept a mortgage on the B&G Clubs’ Belvedere Road property
as collateral for the loan for the Belle Glade Teen Center facility;
however, the Belvedere Road property contains a deed restriction in favor of
the County that restricts the property for use only as a Boys and Girl Clubs
Clubhouse. This restriction devalues the Belvedere Road property to the
point that it is not sufficient collateral to meet lending requirements.
The B&G Clubs is requesting a modification to broaden the deed restriction
to allow the use of the property for public recreation, public health, public
education and other community purposes, which promote the public health, safety
and welfare of the inhabitants of Palm Beach County. The broadened use
restriction will increase the value of the property sufficiently to qualify for
the loan. Staff supports modification of the deed restriction on the
Belvedere Road property, as it will enable the B&G Clubs to obtain
financing to expand the Belle Glade Teen Center facility to
better serve the disadvantaged communities of Belle Glade and
surrounding areas. (PREM) District
2 (HJF)
APRIL 2, 2019
4. REGULAR AGENDA
B. WESTGATE/BELVEDERE
HOMES COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to approve: the sale of
five Westgate/Belvedere Homes Community Redevelopment Agency (CRA)-owned
properties to Danza Group, LLC (Danza)
or its affiliate for $400,000 and other considerations subject to the terms of
the CRA’s Option Agreement with Danza. SUMMARY: Pursuant to Ordinance No. 89-6, Board of
County Commissioner’s (BCC) approval is required for disposition of any real
property owned by the CRA. The properties consist of three vacant parcels, one
home and one garage apartment representing 1.47 acres of land located at the
corners of Westgate Avenue, Seminole Boulevard and Nokomis Avenue. Danza proposes to
acquire the five parcels and redevelop them into a mixed-use mixed-income
project in accordance with the Westgate Community Redevelopment Plan and the
Unified Land Development Code. The Danza Group
offered to buy the property for $400,000. In return, the group plans to build
10,000 square feet of commercial space and 60 workforce
housing units. Danza will have a maximum of
four years to design, permit, build and complete the project. The firm has
projected that the development will create 60 full-time jobs, 356 indirect jobs
and will have a five-year economic impact of more than $85,000,000 to the
County and the regional economy. If for any reason, the group fails to complete
the project in accordance with the Option Agreement, the property will revert back to the CRA and funds received from the sale of
the property will be returned to Danza. The CRA Board
approved the Danza proposal at their December 10,
2018 Board meeting. Districts 2 & 7
(RB)
APRIL 2, 2019
4. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve:
A) an Economic Development Incentive Agreement with Gulfstream Product
Support Corporation (Company), to provide a cash grant in an amount not to
exceed $40,000 over a four year period;
B) delegation of authority to the County
Administrator to execute future amendments to said Agreement;
C) a budget transfer of $40,000 from the General
Fund Contingency Reserves to the Economic Development Fund; and
D) a budget amendment of $40,000 in the Economic
Development Fund to recognize the funds from General Fund.
SUMMARY: Staff is seeking the Board of County Commissioners’ (BCC) consideration
of the subject agreement in advance of the BCC’s action on proposed Economic
Development Incentive program policy changes which will be presented at the
April 16, 2019 BCC meeting. On April 4, 2017, the Board of County Commissioners
(BCC) conceptually approved (R2017-0484) an Economic Development Incentive
(Incentive) for the Company totaling $40,000.
This agreement discloses the name of the Company, Gulfstream Product
Support Corporation, previously referred to as Project Blue Heron. The Company
provides aviation maintenance, repair and overhaul services. The agreement requires the Company to make a
minimum capital investment of $25 Million to lease, renovate, and equip a 115,000 square foot facility. The Company shall create 50 new jobs over a two year period and retain 114 existing full time jobs. These new jobs must have an annualized
average wage of $73,685 excluding benefits and a median wage of $65,000
excluding benefits. The Company is required
to maintain the new jobs for five years from the date of creation and will
maintain the existing retained jobs for five years from the date this agreement
becomes effective. The five year economic impact is estimated to be $127.6 Million.
The agreement requires a performance security in the form of either a clean,
irrevocable Letter of Credit or Cash Bond equal to the full amount of the
maximum Incentive to be awarded to the Company. In addition, the agreement states that in the
event the Company fails to satisfy the job creation requirements but fulfills
all other applicable requirements, the Company shall forfeit a pro-rata share
of the Incentive amount due for the number of jobs created. If the Company’s fulfillment of the job
creation requirement falls below 80%, the County has the right, in its sole
discretion to terminate the agreement. The State of Florida approved a
Qualified Target Industry (QTI) tax refund for the Company in
the amount of $200,000. Of this
amount, $160,000 is from the State of Florida and $40,000 is a required match
from local government entities. The
Company and the State entered into an agreement for the QTI tax refund. The required $40,000 match to the QTI tax
refund will be provided by Palm Beach County. The Palm Beach County match will be provided
in the form of a cash grant in an amount not to exceed $40,000 over a four year period provided the project meets the requirements
under Florida Statute 196.012.
Delegation of authority to the County Administrator will enable the
amendment of the Agreement with the Company in order to incorporate any
economic development incentive policy changes approved
by the BCC at the April 16, 2019 meeting. District 2 (JB)
APRIL 2, 2019
4. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY
2. Staff recommends
motion to approve:
A) an Economic Development Incentive Agreement (Agreement) with Carrier
Corporation (Company), and its QTI Affiliates comprising UTC Fire &
Security, and Walter Kidde Portable Equipment, Inc., to provide a cash grant in
an amount not to exceed $70,000 over a six year period and an ad valorem tax
exemption in an amount not to exceed $650,000 over a six year period;
B) delegation of authority to the County
Administrator to execute future amendments to said Agreement;
C) a budget transfer of $70,000 from the General
Fund Contingency Reserves to the Department of Housing and Economic
Sustainability Fund Economic Incentive Growth Program; and,
D) a budget amendment of $70,000 in the Department
of Housing and Economic Sustainability Fund to recognize the funds from the
General Fund.
SUMMARY: Due to a timing issue, staff is seeking the Board of County
Commissioners’ (BCC) consideration of the subject Agreement in advance of the
BCC’s action on proposed Economic Development Incentive program policy changes
which will be presented at the April 16, 2019 BCC meeting. On March 13, 2018,
the BCC conceptually approved (R2018-0332) an Economic Development Incentive
(Incentive) for the Company totaling $70,000.
This Agreement discloses the name of the Company: Carrier Corporation
previously referred to as Project Knight. UTC Fire & Security and Walter
Kidde Portable Equipment, Inc., are defined as QTI
Affiliates in the Agreement. These two
entities are “sister companies” of the Company and will assist the Company in
meeting its obligations under the Agreement. The Company will be consolidating
key executive positions and support positions from across its U.S. operations
to Palm Beach County. The Agreement
requires the Company to make a minimum capital investment of $25,000,000 to
renovate and equip an existing facility in Palm Beach Gardens. The Company shall create 100 new jobs over a three year period.
These new jobs must have an annualized average wage of $91,124 excluding
benefits and a median wage of $64,000 excluding benefits. The Company is required to maintain the new
jobs for five years from the date this Agreement becomes effective. The five year economic impact is estimated to be $248 million.
The Agreement requires a performance security in the form of either a clean,
irrevocable Letter of Credit or Cash Bond equal to the full amount of the
maximum incentive awarded to the Company.
In addition, the Agreement states that in the event the Company fails to
satisfy job creation requirements but fulfills all other applicable
requirements, the Company shall forfeit a pro-rata share of the Incentive
amount due for the number of jobs created.
If the Company’s fulfillment of the job creation requirement falls below
80%, the County has the right, in its sole discretion to terminate the
Agreement. The Company and the State have entered into an agreement for the QTI
tax refund. The State of Florida approved a Qualified Target Industry (QTI) tax
refund for the Company in the amount of $700,000. Of this amount, $560,000 is from the State of
Florida and $140,000 is a required match from local government entities. The required $140,000 match to the QTI tax
refund will be split equally between Palm Beach County
($70,000) and the City of Palm Beach Gardens ($70,000). The Palm Beach County match will be provided
in the form of a cash grant in an amount not to exceed $70,000 over a six year period provided the project meets the requirements
under Florida Statute 196.012. In
addition, Palm Beach County will provide an ad valorem tax exemption not to
exceed $650,000 over a six year period provided the
project meets the requirements under Florida Statue 196.012. The Company has
filed an Ad Valorem Tax Exemption (AVTE) Application with the Property
Appraiser’s Office and, if the BCC approves the Agreement, the AVTE Ordinance
must be adopted prior to June 1st when the
Property Appraiser prepares the tax bills. Delegation of authority to the
County Administrator will enable the amendment of the Agreement with the
Company to incorporate any Economic Development Incentive program policy
changes approved by the BCC at the April 16, 2019 meeting. District 1
(JB)
* * * * * * * * * * * *
APRIL 2, 2019
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 2, 2019
6. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
APRIL 2, 2019
7. 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."