November 19, 2019

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

NOVEMBER 19, 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 (*).


                                                                                   

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

NOVEMBER 19, 2019

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

 

 

 1.        CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

D.        Election of Mayor

            E.        Election of Vice Mayor

            F.         Comments

 

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE SOLID WASTE AUTHORITY

TIME CERTAIN: 9:30 A.M.

 

 

 2.        AGENDA APPROVAL/BCC AND STAFF COMMENTS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

C.        Staff Comments (Page 6)

D.        Commissioner Comments (Page 7)

 

 3.        CONSENT AGENDA (Pages 8-35)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Pages 36-37)

 

 5.        REGULAR AGENDA (Pages 38-41)

 

 6.        BOARD APPOINTMENTS (Page 42)

 

 7.        ADJOURNMENT (Page 43)

 

 

 

 

* * * * * * * * * * *


NOVEMBER 19, 2019

 

TABLE OF CONTENTS

 

 

STAFF COMMENTS (Page 6)

 

COMMISSIONER COMMENTS (Page 7)

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 8

            3A-1    Precinct boundary changes

 

B. CLERK & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

           

C. ENGINEERING & PUBLIC WORKS

Page 8

            3C-1   Contract with Scalar Consulting Group Inc. for services related to the Prosperity Farms Road over SFWMD C-17 Canal bridge replacement project

            3C-2   Work task order to contract with Bolton Perez and Associates, Inc. for services related to the Lake Ida Road and Hagen Ranch Road Intersection Improvements project

Page 9

            3C-3   Resolution abandoning public interest in property on the plat of Wawa SB 1327 MUPD

 

D. COUNTY ATTORNEY

Page 9

            3D-1   Settlement agreement with Shawn Kernochan

            3D-2   Settlement agreement with Joanna Kline

 

E. COMMUNITY SERVICES

Page 10

            3E-1    Appointments to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council

Page 11

            3E-2    Contracts with two agencies to provide services related to economic stability

Page 12

            3E-3    Amendments to contracts with two agencies for services relates to employment and training services

Page 13

            3E-4    Amendments to agreements with four agencies to assist in seniors living independently

Page 14

            3E-5    Receive and file notice of award grant from the U.S. Department of Health and Human Services to improve health outcomes for people living with HIV/AIDS

Page 15

            3E-6    Contract with Gulfstream Goodwill Industries, Inc. to provide housing for homeless individuals with behavioral health needs

 

F. AIRPORTS

Page 15

            3F-1    Receive and file Federal Aviation Administration grant agreement for various improvements at the Palm Beach International Airport

Page 16

            3F-2    Contract with Ranger Construction Industries, Inc. for construction of an interior airfield service road and Palm Beach International Airport

            3F-3    Receive and file Federal Aviation Administration grant agreement for a sustainable management plan at Palm Beach International Airport

 

 

 

NOVEMBER 19, 2019

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 17

            3G-1   Year-end budget amendments and transfers

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 18

            3H-1   Work order to contract with Jack Walsh Carpets and Rugs, Inc. for carpet replacement at the Main Judicial Center Public Defender office

            3H-2   Contract with Pro Sounds, Inc. for low voltage services

Page 19

            3H-3   Construction Manager at Risk contract with Kast Construction Company LLC for the Supervisor of Elections Production Facility

Page 20

            3H-4   Contract with seven contractors for electrical contracting services

Page 21

            3H-5   Amendment to agreement with Susan Narduli for art services for the Palm Beach County Convention Center Courtyard Public Art Project

            3H-6   Assignment of Lease with South Florida Water Management District and Pero Family Farms, LLC

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 22

            3I-1     Receive and file agreements, amendments and reinstatement of agreements and amendments for projects funded under the Community Development Block Grant program

Page 23

            3I-2     Ratify and approve county employees who applied for and received assistance through the Workforce Housing Program and State Housing Initiative Partnership programs

 

K. WATER UTILITIES

Page 23

            3K-1    Work authorization to contract with Hinterland Group Inc. for the 12-inch Force Main on Sandalfoot Boulevard project

Page 24

            3K-2    Contract with R.J. Sullivan Corp. for the Southern Region Water Reclamation Facility Secondary Clarifier and Effluent Filtration Improvements project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 24

            3L-1    Amendment to contract with Florida Fish and Wildlife Conservation Commission to provide additional oyster monitoring in the Lake Worth Lagoon

Page 25

            3L-2    Contracts with W.F. Baird & Associates and Cummins Cederberg, Inc. to provide coastal and marine engineering services

            3L-3    State of Florida Department of Environmental Protection grant agreement to post-construction monitoring of the Singer Island Dune Nourishment project

            3L-4    Resolution supporting U.S. Senate Bill 2429, the Restoring Resilient Reefs Act of 2019

Page 26

            3L-5    Contract with Day’s Edge Productions LLC to produce a promotional/education film highlighting the eco-assets of the county

 

M. PARKS & RECREATION

Page 26

            3M-1   Receive and file agreement with Chet’s Inc. to provide professional water ski instruction at Burt Aaronson South County Regional Park

Page 27

            3M-2   Receive and file ten Independent Contractor Agreements

 

 

 

NOVEMBER 19, 2019

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

P. COOPERATIVE EXTENSION SERVICE

Page 28

3P-1    Donation from the Weinig Foundation for the Read a Recipe for Literacy Program

 

U. INFORMATION SYSTEMS SERVICES

Page 28

            3U-1   Rescind and replace Interlocal Agreement with the Town of Lantana for network services

            3U-2   Receive and file Statement of Work Agreement with CGI Technologies and Solutions, Inc.

 

X. PUBLIC SAFETY

Page 29

            3X-1    Receive and file amendment to subcontract with the Florida Council Against Sexual Violence to provide sexual assault services

            3X-2    Resolution approving and adopting the 2020 Palm Beach County Local Mitigation Strategy plan

            3X-3    Resolution authorizing the County Administrator to sign the FY 2019-2020 annual Emergency Medical Services County grant application

Page 30

            3X-4    Urban Area Security Initiative GY 2018 award letter with the City of Miami for Regional Citizen Corps and Community Emergency Response Teams

            3X-5    Receive and file agreements with the State of Florida, Division of Emergency Management to improve and enhance emergency management plans and programs

Page 31

            3X-6    Amendment to contract with Phamatech, Inc. to provide drug-testing services

            3X-7    Agreement with the State of Florida, Department of Health for medical forensic exams

            3X-8    Receive and file amendment to Interlocal Agreement with Florida State University

Page 32

            3X-9    Amendment to Memorandum of Agreement with Florida Department of Corrections to provide advocacy services to incarcerated victims of sexual assault

 

CC. SHERIFF

Page 32

            3CC-1 National Institute of Justice Award Letter for a FY 2019 DNA Capacity Enhancement and Backlog Reduction Program grant

Page 33

            3CC-2 Department of Justice, Office of Justice Programs FY2019 Enhanced Collaborative Model to Combat Human Trafficking grant award

            3CC-3 Bureau of Justice Assistance State Criminal Alien Assistance Program FY 2018 grant

            3CC-4 Agreement with the State of Florida, Office of the Attorney General for a Victim of Crime Act award

Page 34

            3CC-5 Budget amendment for law enforcement services in the City of Westlake

            3CC-6 Budget amendment for law enforcement services in the Town of Palm Beach Shores

            3CC-7 Budget amendment for law enforcement services in the Town of South Palm Beach

            3CC-8 Grant award for the FY2019 Coach Aaron Feis Guardian Program

 

            DD. TOURIST DEVELOPMENT COUNCIL

Page 35

            3DD-1 Receive and file Super Bowl Host Committee Agreement

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

TABLE OF CONTENTS

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. HOUSING AND ECONOMIC SUSTAINABILITY

Page 36

            4A-1    Resolution designating property located at 22866-22508 SW 65th Avenue as a Brownfield Area and to be known as the Residence at Boca Dunes Green Reuse Area

 

            B. PALM TRAN

Page 37

            4B-1    Program of Projects for the FY2019 Section 5307 and Section 5339 grant allocations

 

 

REGULAR AGENDA

 

A. ENGINEERING & PUBLIC WORKS

Page 38

            5A-1    Ordinance amending the Five Year Road Program

 

            B. PUBLIC SAFETY

Page 38

            5B-1    Ordinance amending Chapter 19, Article IX related to vehicles for hire

 

            C. HOUSING AND ECONOMIC SUSTAINABILITY

Page 39

            5C-1   Resolution approving the issuance of Housing Finance Authority revenue bonds for Mallards Landing

 

            D. COUNTY ATTORNEY

Page 40

            5D-1   Opt out as a Class Member of the Negotiation Class in opiate litigation

 

            E. FACILITIES DEVELOPMENT & OPERATIONS

Page 41

            5E-1    Priority ranking of Special Projects

 

           

BOARD APPOINTMENTS (Page 42)

 

ADJOURNMENT (Page 43)

 


NOVEMBER 19, 2019

 

 

2C.      STAFF COMMENTS

 

 

1.         ADMINISTRATION COMMENTS

 

 

 

 

 

 

2.         COUNTY ATTORNEY

 

 

 


NOVEMBER 19, 2019

 

 

2D.      COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 

 


NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: 12 precinct boundary changes, as described in Attachment 3 to this agenda item, submitted by Wendy Sartory Link, Supervisor of Elections, as required by section 101.001(1), Florida Statutes. SUMMARY: 12 precinct boundary changes are recommended by Wendy Sartory Link, Supervisor of Elections (SOE), due to municipal annexations in Boynton Beach, Jupiter, Greenacres and West Palm Beach. Districts 1, 2, 4 & 7 (AH)

 

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:  a contract with Scalar Consulting Group Inc. (SCG), in the amount of $480,922.31 for professional engineering services for the Prosperity Farms Road over SFWMD C-17 Canal bridge replacement project (Project). SUMMARY:  Approval of this contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the project.  Project improvements include a complete bridge replacement with a new three-lane bridge, as well as roadway improvements to harmonize the new elevated bridge with curb and gutter, sidewalk on both sides of the roadway, and drainage infrastructure modifications to accommodate the three lanes. The solicitation for design professionals was advertised on July 1, 2018 and July 8, 2018, according to the Small Business Enterprise (SBE) Ordinance in place at the time, with final selection taking place on November 1, 2018.  The SBE goal for all contracts was 15%.  SCG proposed 100% SBE participation. Their SBE participation for this contract is 98.87% SBE participation due to no SBE subconsultant availability for subsurface utility engineering services.  SCG is a Palm Beach County based company. This project is funded by the infrastructure sales tax. District 1 (YBH)

 

                        2.         Staff recommends motion to approve: a work task order to the intersection improvements annual contract (R2017-0778) dated June 20, 2017 with Bolton Perez and Associates, Inc., (BPA) in the amount of $120,054.10 for professional services for the Lake Ida Road and Hagen Ranch Road Intersection Improvements (Project).  SUMMARY: Approval of this work task order will provide the design services necessary for the project. The project will revise the receiving lanes for the existing southbound to eastbound left turn movement by converting the east bound right turn lane to provide two through lanes east of the intersection. The Goal Setting Committee set a 20% mandatory Small Business Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative for the contract on February 6, 2019.  BPA proposed 14.31% SBE participation for this work task order.  Their cumulative SBE participation to date including this work task order is 22%.  BPA is a Palm Beach County based company. District 5 (YBH)

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

                        3.         Staff recommends motion to adopt:  a resolution abandoning any public interest in a portion of the 12-foot wide utility easement as shown on the plat of Wawa SB 1327 MUPD (Abandonment Site), according to the plat thereof, as recorded in Plat Book 127, Pages 6 and 7, lying in Section 32, Township 43 South, Range 42 East, of the Public Records of Palm Beach County. SUMMARY: Adoption of this resolution will eliminate the public dedication that is in conflict with future development plans by BW Southern and Benoist, LLC and BW Southern Benoist II, LLC (Petitioners). The abandonment site is located north of Southern Boulevard and west of Benoist Farms Road. District 2 (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a settlement agreement, inclusive of attorney’s fees and costs, in the total amount of $85,000 in the personal injury action styled Shawn Kernochan v. Palm Beach County, Case No. 502018CA000244XXXXMB AN.  SUMMARY: On July 28, 2016, Plaintiff allegedly stepped in a broken storm drain owned and maintained by Palm Beach County.  As a result of the accident, Plaintiff sustained injuries to the left knee and a broken left shoulder.  He underwent surgery and physical therapy for the broken left shoulder. Countywide (KP)

 

2.         Staff recommends motion to approve: a settlement agreement, inclusive of attorney’s fees and costs, in the total amount of $70,000 in the personal injury action styled Joanna Kline v. Palm Beach County, Case No. 502018CA000864XXXXMB AE. SUMMARY: On January 2, 2016, Plaintiff was jogging on Old Dixie Highway when she allegedly tripped and fell on a broken, elevated sidewalk owned by Palm Beach County.  As a result of the fall, plaintiff sustained a severe left wrist fracture.  She underwent surgery and developed complications, necessitating a second surgery and subsequent treatment, which resulted in a permanent impairment.  Countywide (SCL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the reappointment of two current members and one new appointment to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council:

 

Seat No.

Reappointment

Term Expires

4

Kimberly Rommel-Enright

11/18/22

18

Thomas E. Mckissack

11/18/22

 

 

 

Seat No.

Appointment

Term Expires

3

Damion Baker

07/21/20

 

 

 

 

SUMMARY: The Palm Beach County HIV CARE Council (HIV CARE Council) nomination process is an open process with publicized criteria and legislatively defined conflict of interest standards. All members have successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends the appointments. The total membership for the HIV CARE Council shall be no more than 33 at-large members, per Resolution No. 2011-1560. Ms. Rommel-Enright has disclosed that she is employed by the Legal Aid Society of Palm Beach County, Inc., which has contracts with the County for services. Mr. Baker will complete the term for Olga Sierra, who resigned from the HIV CARE Council. The HIV CARE Council provides no regulation, oversight, management, or policy setting recommendations regarding contracts. Disclosure of this contractual relationship is being provided in accordance with the provisions of Section 2-443, of the Palm Beach Code of Ethics. The diversity count for the 24 seats that are currently filled is: African-American: 10 (42%), Caucasian: 9 (38%), Hispanic-American: 4 (16%) and Asian-American: 1 (4%). The gender ratio (female: male) is 14:10. Ms. Rommel-Enright is Caucasian, Mr. Mckissack and Mr. Baker are African-American. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the Board. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: the contracts for Provision of Financial Assistance with the below listed agencies, for the three year period October 1, 2019 through September 30, 2022, in an amount totaling $386,712, of which $128,904 is budgeted for FY 2020 with an anticipated annual allocation of $128,904 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of these contracts, to provide services in the service category of economic stability: 

 

A) Community Child Care Center of Delray Beach, Inc. (Community Center), for the provision of financial management and crisis intervention services to low-income households, in an amount not to exceed $300,000, of which $100,000 is budgeted for FY 2020 with an anticipated annual allocation of $100,000 in each subsequent fiscal year for the term of this contract; and

 

B) United Way of Palm Beach County, Inc. (United Way), for the provision of free tax preparation services to low-income households, in an amount not to exceed $86,712, of which $28,904 is budgeted in FY 2020 with an anticipated annual allocation of $28,904 in each subsequent fiscal year for the term of this contract.

 

SUMMARY: On July 2, 2019, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. The contracts being recommended in this item reflect dollar amounts included in the FY 2020 budget. These contracts represent $128,904 of the total FAA funding allocation of $13,299,507 in FY 2020. The Community Center will provide a new service under the economic stability category. Under the new contract, 50 households will be served through their family strengthening program. The Community Center will provide an array of navigation and case management services to increase the disposable income of the participants. Each participant will receive a budget plan and based on assessment, each client will be offered financial management services, job search and workforce development services, linkage and referrals for services, case management services, workshops and activities. United Way’s Volunteer Income Tax Assistance (VITA) program helps to strengthen the financial stability of families through utilization of the Earned Income Tax Credit and free tax preparation services. United Way will recruit and train up to 150 volunteers and provide 16 stationary and 15 mobile site locations. In 2018, United Way, through the VITA program, prepared 5,473 tax returns. Under the new contract, United Way will serve 5,900 low-income households. Families served by this program will receive the maximum refund. The preparers ensure that all eligible tax credits are claimed, ensuring that the families receive the maximum refund possible. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: amendments to contracts for Provision of Financial Assistance with the below listed agencies, for the period October 1, 2019 through September 30, 2020:

 

A) Amendment No. 1 with Seagull Industries for the Disabled, Inc. (Seagull Industries) (R2017-1623), to revise the units of service rate and definition, for the provision of supported employment services to young adults aged 18 to 25 with developmental disabilities; and 

 

B) Amendment No. 1 with Southeast Florida Behavioral Health Network, Inc. (SEFBHN) (R2017-1557), to revise the scope of work, for the provision of Wraparound Model training services to behavioral health agencies.

 

SUMMARY: Amendment No. 1 with Seagull Industries is necessary in order to revise the units of service rate and definition for the Seagull Academy for Independent Living (SAIL) Program. The unit of service rate definition is revised from one hour of direct client services to one hour of client activities. The cost unit rate of $15.62 an hour remains the same. There is no change to the overall contract amount. Under the current contract, Seagull Industries has served 33 clients in the SAIL Program and 113 clients in the Seagull Achievement Center of the Palm Beaches Program. Both programs assist young adults with developmental disabilities with employment training, internships and support services. Amendment No. 1 with SEFBHN is necessary in order to revise the scope of work to update the required deliverables. The number of required trainings is revised from a minimum of three trainings per year to one training per quarter. Under the current contract, SEFBHN has provided nine trainings with 180 participants, organized seven Wraparound learning communities and certified 14 Wraparound facilitators. SEFBHN has also brought together 30 behavioral health providers and system partners for a Behavioral Health Resource Fair and included specific building natural supports training. There is no change to the overall contract amount. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) Amendment 001 to Standard Agreement No. IZ018-9500 (R2018-1345) for the Alzheimer’s Disease Initiative (ADI) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period July 1, 2018 through June 30, 2019, to revise, amend, and replace portions of the standard agreement and increase the overall total funding by $43,303.65, to assist seniors and caregivers by providing in-home services to help seniors live independently;

 

B) Amendment 001 to Standard Agreement No.IH018-9500 (R2018-1347) for the Home Care for the Elderly (HCE) with AAA, for the period July 1, 2018 through June 30, 2019, to revise, amend, and replace portions of the standard agreement and increase the overall total funding by $22,159.86, to assist seniors and their caregivers with the provision of care in a family-type living arrangement as an alternative to institutional care;

 

C) Amendment 001 to Standard Agreement No. IC018-9500 (R2018-1346) for the Community Care for the Elderly (CCE) with AAA, for the period July 1, 2018 through June 30, 2019, to revise, amend, and replace portions of the standard agreement and increase the overall total funding by $35,375.36, to assist seniors and caregivers by providing in-home services to help seniors live independently;

 

D) Amendment 001 to Standard Agreement No. IA019-9500 (R2019-0286) for the Older Americans Act Program (OAA) with AAA, for the period of January 1, 2019 through December 31, 2019, to revise, amend, and replace portions of the standard agreement and decrease the overall total funding by $4,203.67, to provide in-home and community-based services to seniors; and

 

E) a budget amendment of $65,721 in the Division of Senior Services (DOSS) Administration Fund to align the budget to the actual grant award.

 

SUMMARY: Grant adjustments are made by the Grantor to align services with need. These amendments are necessary to incorporate changes made to the standard agreements. Under the ADI agreement, seniors are provided case management, in-home respite and facility-based respite. The ADI program served 302 clients, provided 2,892 hours of case management and 178,987 hours of in-home services from Grant Year (GY) 2016-2019. Under the CCE agreement, seniors and caregivers are assisted with in-home services that help seniors live independently. CCE served 676 clients, provided 6,931 hours of case management and 282,909 hours of in-home services from GY 2016-2019. Under the HCE agreement, DOSS assists older adults and caregivers with the provision of care in a family-type living arrangement as an alternative to institutional care. The HCE program served 167 clients, provided 2,006 hours of case management and 13,405 hours of in-home services from GY 2016-2019. OAA has several programs, which serve seniors. The congregate meals program served 1,832 seniors in GY 2017 and 2,049 seniors in GY 2018. The home-delivered meals program served 596 seniors in GY 2017 and 471 seniors in GY 2018. The in-home services program served 204 seniors/caregivers in GY 2017 and 190 seniors/caregivers in GY 2018. The number of seniors served is based on the amount of the grant and the need of clients. DOSS is responsible for providing services north of Hypoluxo Road. The areas of service include all of the districts, excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road. Sufficient funding is included in the current budget to meet County obligations. No additional County funds are required for these amendments. (Division of Senior Services) Countywide except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to:

 

A) receive and file a Notice of Award Grant No. 6 H89HA00034-26-02 from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), for budget period March 1, 2019 through February 29, 2020, to increase funding by $216,724 for a new not to exceed amount of $7,591,968, for new and existing programs to continue improving health outcomes for people living with HIV/AIDS; and

 

B) approve a budget amendment of $216,724 in the Ryan White Care Program fund to align the budget with the actual grant award.

 

SUMMARY: A final notice of award was received on September 20, 2019 from HRSA issuing carryover funding for the prior grant year to the current grant year in the amount of $216,724. The total grant award for the Grant Year (GY) 2019, including this notice of award is $7,591,968. This is a carryover amount; it is not a new annual award. Carryover amounts will vary from year to year based on funds that were leftover from the prior grant year. On October 16, 2018, the Board of County Commissioners ratified the Mayor’s signature on the Ryan White Part A HIV Emergency Relief Grant Program application (R2018-1542). On April 16, 2019, the Board of County Commissioners approved a partial notice of award (R2019-0490) for $7,375,244. The grant will allow the Community Services Department to continue providing needed medical and support services to Palm Beach County residents living with HIV/AIDS. Some of the services provided under this grant are medical case management, medical care, pharmaceutical assistance, oral health care, substance use disorder treatment, legal support services, outpatient ambulatory services, health insurance premium assistance, food bank, home delivered meals and psychosocial support services. In GY 2018, 3,573 clients were served. No County match is required. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to approve: a contract for Provision of Services with Gulfstream Goodwill Industries, Inc. (GGI), for the period December 1, 2019 through September 30, 2022, in an amount not to exceed $559,501, of which $164,559 is budgeted for FY 2020 with an anticipated annual allocation of $197,471 in each subsequent fiscal year, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of the contract, for the provision of housing services for homeless individuals with behavioral health needs in nine County funded housing units. SUMMARY: October 18, 2019, The Jerome Golden Center for Behavioral Health, Inc. (Jerome Golden Center), a major provider of publicly funded behavioral health services in Palm Beach County, closed its doors. On November 5, 2019, the Board of County Commissioners approved a motion to transfer County funds from the contingency reserves to ensure that 40 units for the most vulnerable clients continue to be operational and allow those housed clients to remain stable through this transition. Staff terminated an existing contract with the Jerome Golden Center and negotiated with GGI to reallocate $146,638, plus an additional $50,833, which was initially allocated to the Jerome Golden Center. This contract will assist in filling the gap created by the closure of the Jerome Golden Center. In the weeks following this notification, it was unofficially announced that the Jerome Golden Center had accepted an offer for a full asset sale of all its associated properties to an unnamed for-profit organization. This sale will leave an enormous void in the behavioral health continuum of care. Among the properties included in the sale are two residential properties, collectively containing 55 apartments currently housing 47 individuals with severe and persistent mental illness. In addition to these properties, the Jerome Golden Center also provided case management to 40 scattered housing units. The total number of housing units under the direction of Jerome Golden is 131. The contract with GGI will ensure that nine units for the most vulnerable clients continue to be operational and allow those housed clients to remain stable through this transition. GGI will also provide case management services. Joshua Butler, an employee of GGI is a member of the Homeless Advisory Board. The Homeless Advisory Board provides no regulation, oversight, management, or policy-setting recommendations regarding the agencies listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. (The Division of Human and Veteran Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to:

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-061-2019 in the amount of $2,148,704 to Expand Service Road; for a Service Animal Relief Area (SARA); and to Rehabilitate Terminal Building at Palm Beach International Airport (PBI); and

 

B) approve a budget amendment of $2,148,704 in the Airport’s Improvement and Development Fund to recognize the receipt of Grant Funding from the FAA, and budget project cost of $1,344,620; and a transfer to Reserves in the amount of $804,084.

           

SUMMARY:  This grant begins on September 24, 2019 and expires on September 23, 2023. Delegation of authority for execution of the above standard from Grant Agreement was approved by the BCC on October 3, 2006 (R2006-2086).  This grant will require a 25% local match of total project costs of $782,419 to Expand Service Road; $562,201 for SARA; and $1,520,319 to Rehabilitate Terminal Building at PBI. A portion of the grant replaces local airport funding allocated to these projects; the amount of $804,084 will be transferred to Airport Reserves. Countywide (AH)

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: a contract with Ranger Construction Industries, Inc. (Ranger) in the amount of $782,418.50 and 180 calendar days to Construct Interior Airfield Service Road at Palm Beach International Airport (PBI). SUMMARY: This project was advertised utilizing the County’s competitive bid process.  On June 25, 2019, five bids were received to Construct Interior Airfield Service Road at PBI.  Of the five bids, Ranger, a Palm Beach County company, has been identified as the lowest responsible/responsive bidder in the amount of $782,418.50.  The project includes the construction of an interior airfield service road at PBI, which connects the Golfview Development Area and the existing Southside Fixed Base Operators.  A disadvantaged Business Enterprise (DBE) Goal of 6% was established for this project.  Ranger has committed to a minimum of 11.49% DBE participation for this contract. Countywide (AH)

 

3.         Staff recommends motion to: 

 

A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085-062-2019 in the amount of $451,296 for a Sustainable Management Plan (SMP) at Palm Beach International Airport (PBI); and

 

B) approve a budget amendment of $451,296 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from the FAA; including a transfer to Reserves in the amount of $451,296. This grant will reimburse funds currently in the budget.

 

SUMMARY:  Acceptance of this grant will provide the Department of Airports with funding to integrate sustainability into the long-range planning of our airport system through the development of a document that will include initiatives for reducing environmental impacts through such efforts as reduced energy consumption, renewable energy opportunities, and solid waste reduction/enhanced recycling. This grant begins on September 24, 2019 and expires on September 23, 2023. Delegation of authority for execution of the above standard from Grant Agreement was approved by the BCC on October 3, 2006 (R2006-2086).  This grant will require a 25% local match of total project cost of $601,728 for the SMP at PBI. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: the following FY 2019 Year-End budget amendments and transfers: 

 

A) budget amendment of $109,127 in the General Fund 0001 to reallocate budget between departments and adjust amounts used for debt service costs;

B) budget amendment of $221 in the HUD-Housing and Urban Development Fund 1001 to fund increased insurance costs;

C) budget transfer of $8,372 in County Transport Trust Fund 1201 to cover increased radio expenses;

D) budget amendment of $46,972 in Fire/Rescue MSTU Fund 1300 to cover increased radio expenses and an additional transfer from E-911 Fund 1434 based on higher than anticipated revenues;

E) budget amendment of $18,340 in the Legal Aid Programs Fund 1325 to transfer additional funds back to the General Fund due to higher than anticipated revenues;

F) budget amendment of $18,303 in the JAC Juvenile Programs Fund 1326 to transfer additional funds back to the General Fund due to higher than anticipated revenues;

G) budget amendment of $3,925 in the Public Safety Grants Fund 1426 to cover expenses denied by the grant;

H) budget transfer of $407,052 in the Emergency Communications E-911 Fund 1434 to increase reimbursements to other agencies based on higher than anticipated revenues;

I) budget amendment of $19 in the Justice Service Grant Fund 1436 to adjust the budget to the actual grant award;

J) budget amendment of $19 in the Criminal Justice Grant Fund 1507 to adjust the budget to the actual grant award;

K) budget transfer of $73,313 in TDC 4th Cent Local Option Tax Fund 1453 to decrease amount used for debt service payments;

L) budget amendment of $3,064,105 in the TDC-1st Cent Tourist Local Option Tax Fund 1458 to reduce the reserves to the appropriate amount;

M) budget transfer of $21,556 in 94.2M NAV 08-2 DS, Max Planck & SS Refunding Fund 2067 to reduce debt service funded by the general fund due to increased interest received;

N) budget amendment of $25,364 in 94.2M NAV 08-2 DSR, Max Planck & SS Refunding Fund 2068 to fund debt service payments in Fund 2067 due to increased interest received;

O) budget transfer of $925 in 10.0M NAV 13 DS, ISS VOIP Fund 2071 to increase amount transferred from the General Fund based on lower than anticipated amount available in Capital Fund;

P) budget amendment of $49,499 in 13.1M NAV 13 DS Max Planck Fund 2072 to account for increased interest expense;

Q) budget transfer of $47 in 17.9M NAV 14 DS Palm Tran Connection Equipment Fund 2075 to fund debt service payments from increased interest received;

R) budget transfer of $102,844 in 62.7M NAV 11 DS, Ref Part 81M Conv Cntr 04 Fund 2526 to fund debt service payments from increased interest received;

S) budget amendment of $102,844 in 62.7M NAV 1 DSR. Ref Part 81M Conv Cntr 04 Fund 2527 to fund debt service payments in Fund 2526 due to increased interest received;

T) budget amendment of $925 in 10.0M NAV 13 CP, ISS VOIP Fund 3071 due to lower than anticipated interest revenue;

U) budget amendment of $47 in 17.9M NAV 14 CP, Palm Tran Connection Equipment Fund 3075 to fund debt service payments in Fund 2075 due to increased interest received;

V) budget amendment in RR&I for 800Mhz Sys Fund 3801 due to increased radio expenses;

W) budget amendment of $3,064,105 TDC-Building Renewal & Replacement Fund 3807 to increase the reserves to the appropriate amount;

X) budget transfer of $35,689 in WUD Operation & Maintenance Fund 4001 to cover increased radio expenses; and

Y) budget transfer of $2,679 in Fleet Management Fund 5000 to cover increased radio expenses.

 

SUMMARY: These transfers and amendments are necessary to properly allocate budget for FY 2019.  The General Fund amendment of $109,127 is necessary to reallocate budget between departments and adjust amounts used for debt service expenses based on interest income. The other amendments and transfers all relate to adjustments in debt service funds or capital projects funds. Countywide (DB)

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Work Order No. 19-013 to the annual contract with Jack Walsh Carpets and Rugs, Inc. (R2019 -1023) in the amount of $210,405 for the Main Judicial Center Public Defender Carpet Replacement project for the period of 120 days from notice to proceed or until project is complete.  SUMMARY: The work consists of the removal of the existing broadloom carpet and installation of new carpet tiles on the 5th and 6th floors of the Public Defender’s office. This project was competitively advertised and new contractors were invited to participate in the project bid by submitting prequalification documents prior to the submission of the bid response. This work order was solicited pursuant to the flooring annual contract and the requirements of the Equal Business Opportunity Ordinance (EBO). The annual contract was presented to the Goal Setting Committee on January 2, 2019 and an Affirmative Procurement Initiative (API) of sheltered market was applied for projects under $100,000 or a Small Business Enterprise (SBE) contractor will be given a price preference if their bid is within 10% of the lowest responsive and responsible bidder for projects in excess of $100,000. Since this project was over $100,000, the SBE price preference API was applied. Jack Walsh Carpets and Rugs Inc. is a certified SBE and submitted 100% SBE participation on this work order. The overall SBE participation on the annual flooring contract is 84.35%. Funding for this project is from the Public Building Improvement fund. (Capital Improvements Division) District 7 (LDC)

 

2.         Staff recommends motion to approve: an annual contract with the following contractor for Low Voltage services on an as-needed basis through September 12, 2021:

 

            Contractor                            Status                                    SBE or Non-SBE

 

            Pro Sound, Inc.                    Non-Local                              Non-SBE

 

SUMMARY: On September 13, 2016, the Board initially approved the annual Low Voltage contract. The work consists of low voltage services related to refurbishment, renewal, renovations and equipment replacement of fire alarms, intrusion alarms, access control, and closed circuit television (CCTV) to County properties. This contractor now joins the list of 18 already prequalified contractors for a total of 19 with a contract expiration date of September 12, 2021. These are indefinite-quantity contracts with a maximum cumulative value of $2,600,000 across all pre-qualified contractors. Work is to be awarded as work orders on a lump sum, competitively bid basis. Projects $100,000 and over are advertised on vendor self-service (VSS) while projects $200,000 and over are also advertised in the newspaper.  Projects under $100,000 are bid among the pool of pre-qualified contractors (currently 18 have pre-qualified) and for projects over $100,000, the bidding pool is expanded to include any additional bidders responding to the specific project advertisement that submit a qualification application at least ten days before the bid due date. This annual contract was presented to the Goal Setting Committee on January 2, 2019 and a Small Business Enterprise (SBE) price preference Affirmative Procurement Initiative (API) was applied to all bids. S/M/WBE actual participation will be identified on each work order, and will be tracked cumulatively over all work orders issued. Current cumulative S/M/WBE participation for all work orders to-date under the Low Voltage Annual is 47.86%. (Capital Improvements) Countywide (LDC)  

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to: 

 

A) approve the Construction Manager at Risk (CM) contract with Kast Construction Company LLC for the Supervisor of Elections Production Facility project located at the Cherry Road complex; and

 

B) authorize the County Administrator or designee to execute Task Order No.1 with Kast Construction Company LLC for pre-construction services in an amount not to exceed $200,000.

 

SUMMARY:  The solicitation for a CM was advertised on July 21, 2019 according to the requirements of the Equal Business Opportunity (EBO) ordinance. On June 5, 2019, the Goal Setting Committee established an Affirmative Procurement Initiative (API) awarding up to 15 evaluation points for a Small Business Enterprise (SBE) plan and a CM/SBE partnering incentive. The CM is not a certified Small/Minority/Women-owned Business Enterprise (S/M/WBE). The CM has subcontracted with All-Site Construction Inc., an MBE CM for services in an amount no less than 15% of the CM fee and overhead/profit earning by the CM. The CM is on notice that all GMP’s issued pursuant to this contract will be subject to the requirements of the EBO ordinance including requesting API be set prior to bidding the subcontracts. In 2009, the County entered into a sublease for a 76,602 square foot space in Riviera Beach for the Supervisor of Elections Production Facility. The existing production facility cannot accommodate: 1) a significant increase in the number of absentee ballots; 2) support facilities for the volume of persons assigned to the facility (parking, restrooms, support spaces); and 3) the need for dedicated spaces and technology for media and observers. As the program needs and site location require evaluation, the professional consulting team will complete a Comparative Study of the program needs and site options. The Construction Manager (CM) will work alongside the consultant team to provide constructability reviews and cost estimating services as part of the Comparative Study and project development phase. Task Order No. 1 authorizes pre-construction services, which includes an analysis of the comparative study, procurement services, and the development of a Guaranteed Maximum Price (GMP) for the Supervisor of Elections Production Facility. Once the construction documents are completed, the CM will bid the work and provide a GMP. The construction work will be authorized through an amendment submitted to the board to commence construction management services. Maintaining the schedule for design and construction is critical to the County as the timeline coincides with the election cycle and expiration of the lease agreement currently in place for the production facility. In order to maintain this timeline, staff is requesting authorization for the County Administrator or designee to execute Task Order No. 1 to complete the Comparative Study. Funding for this project is from the Public Building Improvement Fund. (Capital Improvements Division) Countywide/ District 7 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: annual contracts with the following electrical contractors to perform electrical contracting services on an as-needed basis through November 18, 2024.

           

            Contractor                                                                   Status            SBE or Non-SBE    

            A)  Albert Electric, Inc.                                                 Local              SBE

            B)  Davco Electrical Contractors Corp.                       Local               Non-SBE

            C)  Greenview Construction LLC                                Local              SBE

            D)  Grid-One Electrical Construction, Inc.                   Local/Glades   SBE

            E)  Protect Video, Inc.                                                  Local               SBE

            F)  Sullivan Electric & Pump, Inc.                               Local               SBE  

            G)  Universal Electric of Florida, Inc.                          Non- Local      Non-SBE

           

SUMMARY: The purpose of this annual contract is to pre-select qualified electrical contractors to provide electrical services. The work consists of electrical services associated with repairs, improvements and renovations to County properties. The specific requirements of the work shall be determined by individual work orders issued against this annual contract. These contracts are five year indefinite-quantity contracts with a maximum cumulative value of $1,000,000. Work is to be awarded as work orders on a lump sum, competitively bid basis across all prequalified contractors. Contractors are allowed to qualify at any time and be added to this annual contract. Projects $100,000 and over are advertised on the vendor self-service (VSS) website while projects $200,000 and over are also advertised in the newspaper. Projects under $100,000 are bid among the pool of pre-qualified contractors (currently seven have pre-qualified) and for projects over $100,000, the bidding pool is expanded to include any additional bidders responding to the specific project advertisement that submit a qualification application at least ten days before the bid due date. These annual contracts were presented to the Goal Setting Committee on June 5, 2019 and an Affirmative Procurement Initiative (API) of sheltered market was applied to projects under $100,000 (when four or more small businesses are qualified under the annual contract) or a Small Business Enterprise (SBE) contractor will be given a price preference if their bid is within 10% of the lowest non-small business bid. S/M/WBE actual participation will be identified on each work order, and will be tracked cumulatively for each work order issued. The funding source will be identified on each work order. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve: a third amendment to Agreement (R2017-1895) for Art Services for the Palm Beach County Convention Center Courtyard Public Art Project (Agreement) with Susan Narduli of Narduli Studio to extend the agreement an additional 397 days to December 31, 2020.  SUMMARY:  On December 19, 2017, the Board approved the agreement in the amount of $454,000 for the design, permitting, fabrication and installation of “Light Play” sculptural screens for the Palm Beach County Convention Center Courtyard.  The following table reflects the contract history.

 

Contract

Resolution

No.

BCC

Approval

Agreement / Amendment Amount

Agreement / Amendment Duration

Original

R2017-1895

12/19/17

             $454,000

         155 days

Amendment #1

R2018-0255

3/13/18

Add      $340,600

Add  275 days

Amendment #2

R2018-1991

12/18/18

Deduct     $4,625

Add  456 days

 

 

           

           

           

 

This third amendment supports ongoing design and engineering work to structurally reinforce the sculptural screen for increased perimeter security. To remain coordinated with Convention Center facility rental bookings, Courtyard construction has been changed to June-September 2020, thus a 397-day extension to the agreement is required to fully complete the project construction and administration by end of year 2020.  There is no additional cost associated with this third amendment.  Funding for the Courtyard art project is from the $68M Rev Bond AC2/Convention Center Parking Garage.  Following the completion of the professional design phase, a separate construction contract will be presented to the BCC for approval. (FDO ADMIN) District 7/Countywide (MJ)

 

6.         Staff recommends motion to approve: an Assignment of Lease (Assignment) with South Florida Water Management District (SFWMD) and Pero Family Farms, LLC (Pero), for SFWMD’s transfer to the County all of SFWMD’s rights under the lease between the parties dated June 18, 2013, R2013-0790 (Lease).  SUMMARY:  The County and SFWMD jointly owned the 570-acre McMurrain Farm property in the Ag Reserve (Property).  The County and SFWMD leased the Property to Pero for row crop farming.  On November 1, 2019, SFWMD conveyed to the County its remaining 21.1% interest in the Property and executed the Assignment.  The County now owns 100% of the fee interest in the Property. This Assignment documents the fact that effective November 1, 2019, SFWMD assigned to the County all of its right, title and interest to the Lease.  A $147,258.66 security deposit is being transferred to the County and is required to be held in escrow during the term of the Lease.  The current semi-annual rent is $200,323.92. (Property & Real Estate Management) District 5 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to receive and file: the following five agreements, seven amendments, and two reinstatement of agreements and amendments for projects funded under the Community Development Block Grant (CDBG) Program:

 

A) agreement with the City of Greenacres for $166,696;

B) agreement with the Village of Palm Springs for $468,779;

C) agreement with the Town of Lake Park for $36,689;

D) agreement with the City of Lake Worth Beach for $235,870;

E) agreement with the City of Riviera Beach for $166,375;

F) amendment 001 with the Town of Lantana for $59,212;

G) amendment 002 with the Town of Mangonia Park for $13,204;

H) amendment 001 with the City of Riviera Beach;

I) amendment 003 with the City of Riviera Beach;

J) amendment 001 with the Village of Palm Springs;

K) amendment 001 with the Town of Lake Park;

L) amendment 004 with the City of South Bay;

M) reinstatement of the agreement and Amendment 002 with the Pahokee Housing Authority; and

N) reinstatement of the agreement and Amendment 002 with the Westgate/Belvedere Homes Community Redevelopment Agency.

 

SUMMARY: Staff recommends the Board of County Commissioners (BCC) receive and file agreements with the City of Greenacres, the Village of Palm Springs, the Town of Lake Park, the City of Lake Worth Beach, the City of Riviera Beach, amendments to agreements with the Town of Lantana, the Town of Mangonia Park, the City of Riviera Beach, the Village of Palm Springs, the Town of Lake Park, the City of South Bay and the reinstatement of the agreements and amendments with the Pahokee Housing Authority and the Westgate Belvedere Homes Community Redevelopment Agency.  The aforementioned documents have been executed on behalf of the BCC by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Items 5A-3, 5C-5, 3I-3, 3I-1 and 3I-4, as approved by the BCC on July 2, 2019, July 10, 2018, January 23, 2018, October 16, 2018 and December 5, 2017, respectively. The agreement with the City of Greenacres provides $166,696 in FY 2019/2020 CDBG funds towards the construction costs associated with the installation of drainage improvements in the First Street drainage system. The agreement with the Village of Palm Springs provides $468,779 in FY 2019/2020 CDBG funds towards the construction costs for sidewalk installations to create a park connector pathway system. The agreement with the Town of Lake Park provides $36,689 in FY 2019/2020 CDBG funds toward ADA compliant playground improvements to Bert Bostrom Park.  The agreement with the City of Lake Worth Beach provides $235,870 in FY 2019/2020 CDBG funds towards the property acquisition and development of a neighborhood park in the Royal Poinciana neighborhood. The agreement with the City of Riviera Beach provides $166,375 in FY 2019/2020 CDBG funds towards construction costs for improvements along West 26th Court. Amendment 001 to the Agreement (R2018-1999) with the Town of Lantana adds $59,212 in FY 2019/2020 CDBG funds to the previous year’s CDBG allocation of $71,832 for the installation of sidewalks along North 7th Street.  Amendment 002 to the Agreement (R2018-0073) with the Town of Mangonia Park adds $13,204 in FY 2019/2020 CDBG funds to previous year’s CDBG allocations of $41,735 for improvements at Addie Greene Park.  Amendment 001 to the Agreement (R2018-2001) with the City of Riviera Beach extends the project completion date and modifies the Performance Requirements for improvements along Avenue M.  Amendment 003 to the Agreement (R2018-0071) with the City of Riviera Beach extends the project completion date and modifies the Performance Requirements for construction improvements along Avenue O. Amendment 001 to the Agreement (R2018-1569) with the Village of Palm Springs extends the project completion date, revises the Performance Requirements and adds additional project implementation language. Amendment 001 to the Agreement (R2018-1581) with the Town of Lake Park provides a time extension to complete their Code Enforcement activity.  Amendment 004 to the Agreement (R2016-0567) with the City of South Bay extends the project completion date and modifies the Performance Requirements for improvements to Cox Park and Tanner Park. The Reinstatement of the Agreement (R2018-0271) and Amendment 002 to the Agreement with the Pahokee Housing Authority (PHA) reinstates and extends the expired Agreement and allows the PHA to use surplus CDBG funds remaining in the Agreement to provide further sanitary sewer improvements to their Fremd Village and Padgett Island properties. The Reinstatement of the Agreement (R2018-0272) and Amendment 002 to the Agreement with the Westgate/Belvedere Homes Community Redevelopment Agency reinstates and extends the expired Agreement to allow additional time for project close-out activities to be completed at Oswego Oaks Park. 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. These are Federal CDBG funds, which do not require a local match. Districts 2, 3, 6 & 7 (HJF)

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends a motion to:

 

A) ratify the approval of one County employee who received assistance through the Workforce Housing Program (WHP);

 

B) approve three County employees who applied for assistance through the WHP; and

 

C) approve one County employee who applied for assistance through the State Housing Initiative Partnership (SHIP) Owner Occupied Housing Rehabilitation Program.

 

SUMMARY: Staff is requesting the Board of County Commissioners to ratify the approval of one County employee who received assistance through the County’s WHP Purchase Assistance Program, and to approve four County employees who applied for assistance through the WHP and SHIP Owner Occupied Housing Rehabilitation Program. WHP applications are accepted throughout the year due to the timing constraints associated with selling the obligated units. In addition to the one County employee, the Department of Housing and Economic Sustainability also provided 72 non-County employees with WHP assistance (closed and pending closing).  During the open application process for the Owner Occupied Housing Rehabilitation Program, 88 residents applied for funding. Applicants are served on a first-served first-eligible basis in groups of ten. Thus far, eight applicants were income-certified of which one was a County employee, seven were non-County employees, and two applicants were non-responsive. Both programs provide a deferred, forgivable loan for the assistance received. If the homeowner rents, sells, or otherwise conveys the home during the affordability period, the entire principal amount will become due and payable. The funding provided for the referenced files helped achieve the Department’s mission of providing affordable housing to the applicants. These are State SHIP and WHP trust funds, which require no local match. Countywide (HJF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Work Authorization (WA) No. 22 to the Pipeline Continuing Construction Contract 2017 (Contract) with Hinterland Group Inc. (Hinterland) for the 12-inch Force Main on Sandalfoot Boulevard (Project) in the amount of $238,215.60. SUMMARY: On January 10, 2017, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2017-0072) with Hinterland. WA No. 22 provides for the installation of approximately 1,000 linear feet of 12-inch force main along Sandalfoot Boulevard, from the Lake Worth Drainage District E-1 Canal to SW 66th Avenue in Boca Raton. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 Ordinance was 15% overall participation. The Contract provides for 15% SBE participation. WA No. 22 includes 100% SBE participation. The cumulative SBE participation including WA No. 22 is 100%. Hinterland is a Palm Beach County company. The Project is included in the WUD FY20 budget. (WUD Project No. 18-063) District 5 (MJ)

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a contract with R.J. Sullivan Corp. (Contractor) for the Southern Region Water Reclamation Facility (SRWRF) Secondary Clarifier and Effluent Filtration Improvements (Project) in the amount of $21,777,000; and

 

B) a $10,893,000 budget transfer in the Water Utilities Department Capital Improvement Fund to establish budget for the entire project. 

 

SUMMARY:  On June 20, 2019, the Water Utilities Department (WUD) received five bids for the Project to construct improvements to the secondary clarifiers, effluent filters, filtered effluent transfer pump station, sludge digester hot water boilers and bulk sodium hypochlorite storage at SRWRF. The Contractor was the lowest responsive and responsible bidder in the amount of $21,777,000.  The Project was presented to the Goal Setting Committee on April 3, 2019, and a minimum mandatory 10% Small Business Enterprise (SBE) subcontracting goal and a 3% Minority Business Enterprise (MBE) subcontracting goal among certified African American and/or Hispanic American owned firms were the Affirmative Procurement Initiatives (API) applied to this Project.  The Contractor has met the established API for this Project.  The Contract provides for 13.26% SBE participation which includes 3.85% MBE participation, 0.64% MBE (H) and 3.21% MBE (B).  Contractor is headquartered in Pompano Beach, Florida, but maintains an office in Palm Beach County from which the majority of the work under the Contract will be undertaken.  The Project is included in the WUD FY20 budget. (WUD Project No. 17-022) District 5 (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve Amendment No. 1 to contract for Consulting/Professional Services (Contract) (R2019-0325) with the Florida Fish and Wildlife Conservation Commission (FWC), Fish and Wildlife Research Institute for an extension of two months beginning on December 30, 2020 and expiring on February 28, 2021, and an increase in the contract amount from $72,000 to $90,000 in order to provide additional oyster monitoring in the Lake Worth Lagoon (LWL);

 

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; and

 

C) approve a budget amendment of $18,000 to the Manatee Protection Fund in recognition of the additional $18,000 revenue from FWC.

 

SUMMARY: Amendment No. 1 to the Contract is for a two month extension for additional oyster monitoring tasks which builds upon past and current monitoring contracts (R2016-1697 & R2019-0325) and will extend the monitoring timeframe to provide a five and half year data set used to assess the ecological health and status of the LWL. Amendment No. 1 increases the total contract cost by $18,000 that is funded through a purchase order from FWC. No net fiscal impact to the County is associated with Amendment No. 1.  Exhibits A and B to this agenda item are modified to extend the oyster monitoring period, tasks, and deliverable schedule. The monitoring project is funded by Vessel Registration Fees, the Manatee Protection Fund, and FWC.  District 3 & 7 (SS)

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a contract for Professional Consultant Services with W.F. Baird & Associates Ltd Incorporated (BAIRD) providing professional coastal and marine engineering services, effective for two years from execution through November 18, 2021; and

 

B) a contract for Professional Consultant Services with Cummins Cederberg, Inc. (CCI) providing professional coastal and marine engineering consultant services, effective for two years from execution through November 18, 2021.

 

SUMMARY:  BAIRD, a Palm Beach County (County) company, and CCI, a County company, will provide professional coastal and marine engineering services on a task order basis for various projects within the Department of Environmental Resources Management and other County departments. The contracts require the consultants to adhere to 20% mandatory Small Business Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative. BAIRD agreed to 25% SBE participation. CCI agreed to 24% SBE participation. The contracts contain an option to renew for one additional year. Countywide (YBH)

 

3.         Staff recommends motion to:

 

A) approve State of Florida Department of Environmental Protection (FDEP) Standard Grant Agreement No. 20PB7 (Agreement) for an amount not to exceed $43,032 providing for post-construction monitoring of the Singer Island Dune Nourishment Project (Project) beginning October 1, 2019 and expiring July 30, 2023;

 

B) approve a budget amendment of $43,032 in the Beach Improvement Fund to recognize the revenue award from FDEP; and

 

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

 

SUMMARY:  The Agreement provides a State cost share of 35.86% and reimburses the County up to $43,032 for permit required physical and biological post-construction monitoring, including sea turtle and shorebird surveys. The County will provide a 64.14% match for the Project, up to $76,968, using available funds in the Beach Improvement Fund, for a total project cost of $120,000.  District 1 (SS)

 

4.         Staff recommends motion to adopt:  a resolution supporting U.S. Senate Bill 2429, the Restoring Resilient Reefs Act of 2019 or similar legislation. SUMMARY: On October 22, 2019, the Board of County Commissioners directed staff to prepare this resolution to show Palm Beach County’s support of U.S. Senate Bill 2429, the Restoring Resilient Reefs Act of 2019, sponsored by Senator Marco Rubio, or similar legislation. Broward and Miami-Dade Counties have already passed resolutions supporting U.S. Senate Bill 2429. U.S. Senate Bill 2429 provides a five-year authorization focused on restoration activities, directing federal funding and technical assistance to areas where coral reefs have been impacted, and allowing for access to emergency funds for rapid and effective response to coral reef emergencies.  Countywide (SS)

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

5.         Staff recommends motion to:

 

A) approve a contract for Consulting/Professional Services with Day’s Edge Productions LLC (Day’s Edge), a Colorado Springs, Colorado company, to produce a promotional/educational film highlighting Palm Beach County’s (County) eco-assets and grant an unlimited use license for the County to reproduce, distribute, perform, display and prepare derivative works beginning November 19, 2019 and ending November 18, 2020, in an amount not to exceed $99,855;

B) approve a Memorandum of Understanding (MOU) with Discover Palm Beach County, Inc. (DTPB), the County’s official tourism and marketing organization, to receive their contribution of $50,000 to this project;

C) authorize the County Administrator or designee to sign all future time extensions, task assignments, certifications, and other forms associated with the MOU that do not substantially change the terms or conditions of the MOU;

 

D)  approve a budget amendment of $50,000 in the Manatee Protection Fund (1232) to recognize the revenue from DTPB; and

 

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

 

SUMMARY:  Day’s Edge will create a promotional educational film to be used by schools in the seventh and tenth grade curriculum, marketed to broadcast on television and online, and create a catalog of video B-roll and still images for use by the County and Tourist Development Council to promote new and restored eco-assets within the County. As copyrighted promotional/educational material, this procurement is exempt from the County’s Purchasing Code section 2-51(f)(1) and Equal Business Opportunity Program per CW-O-043. Day’s Edge was selected in good faith utilizing a competitive bid process conducted by DTPB. The cost share is 50% DTPB as agreed upon in the MOU and 50% from the County’s Manatee Protection Fund (1232).  Countywide (SS)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: an original executed Professional Services Agreement with Chet’s Inc., to provide professional water ski instruction at Burt Aaronson South County Regional Park for $12,420/year ($1,035/month) for a period of one year beginning October 1, 2019 through September 30, 2020, with four one-year renewal options. SUMMARY: On August 30, 2019, Palm Beach County entered into a Professional Services Agreement with Chet’s Inc., to provide a water ski instruction program at Burt Aaronson South County Regional Park.  Chet’s Inc. has been the only respondent since 1999 and was selected based on his years of experience and world-renowned water ski instruction.  The term of this agreement is from October 1, 2019 through September 30, 2020, with four one-year renewal options.  In accordance with County PPM CW-O-051, all delegated agreements must be submitted by the initiating Department as a receive and file agenda item. This Professional Services Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of Purchasing in accordance with section 2.53(e) of the Purchasing Code, and is now being submitted to the BCC to receive and file. District 5 (AH)

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to receive and file: the following ten executed Independent Contractor Agreements:

 

A) Caroline Ann Karolinko, US Synchronized Swimming Coach at Aqua Crest Pool, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $40,000;

 

B) East Coast Aquatic Club, LLC, USA Swimming Coach at Aqua Crest Pool, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $110,000;

 

C) LB2 Enterprises, Inc.,  d/b/a Palm Beach Masters, US Masters Swimming Coach at Aqua Crest Pool, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $45,000;

 

D) Gordon Andrews, USA Swimming Coach at Lake Lytal Pool, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $104,000;

 

E) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming Coach at Lake Lytal Pool, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $35,000;

 

F) Derek Jones, US Diving Coach at North County Aquatic Complex, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $75,000;

 

G) Kiril Zahariev, USA Swimming Coach at North County Aquatic Complex, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $165,000;

 

H) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming Coach at North County Aquatic Complex, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $90,000;

 

I) Mary Lou Putnam, Water Exercise Instructor at North County Aquatic Complex, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $25,000; and

 

J) Stephen Van Coppenolle, Water Exercise Instructor at North County Aquatic Complex, for the period of October 1, 2019 through September 30, 2020 in an amount not to exceed $5,000.

 

SUMMARY:  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator and Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822.  The Department is now submitting these agreements in accordance with County PPM CW-O-051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item.  Districts 1, 2, & 7 (AH)

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to: 

 

A) accept the donation of $2,500 from the Weinig Foundation for the Read a Recipe for Literacy Program; and

 

B) approve a budget amendment of $2,500 in the Cooperative Extension Revenue Fund to recognize the donation and appropriate it to the Read a Recipe Program.

 

SUMMARY:  The Parks and Recreation Department operated the Read a Recipe for Literacy Program from 2008 to 2015 and has transferred operation of the program to the Cooperative Extension Service Department.  This donation of $2,500 will continue to fund the program for children at Melaleuca Elementary School, El Sol Community Center and the Farmworker Coordinating Council for a total of 60 children. Districts 1, 2, 3 & 7 (AH)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2014-0077, as amended;

 

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

 

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

 

SUMMARY: The Town of Lantana has an existing Interlocal Agreement with Palm Beach County (R2014-0077, as amended) for network services. The County recommends rescinding the existing agreement and replacing it with a new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party. This new Interlocal Agreement includes updated contract terms to provide network services to the Town of Lantana. The Florida LambdaRail, LLC has approved connection of the Town of Lantana to the Florida LambdaRail network.  Districts 4 & 7 (DB)

 

2.         Staff recommends motion to receive and file: fully executed Statement of Work No. 9 to Agreement R2002-1782, as amended with CGI Technologies and Solutions, Inc. (formerly named American Management Systems, Inc.) in the amount of $10,000. SUMMARY: Statement of Work No. 9 provides for assistance in identification of the custom interface requirements for procurement and inventory information between the Palm Beach County Water Utilities Department IBM Maximo application and the County’s CGI Advantage Financial 3.11.1 application. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to:

 

A) receive and file executed Amendment 2 for Subcontract (#18SAS26) with the Florida Council Against Sexual Violence (FCASV) in the amount of $202,789 to define tasks and deliverables for the period of August 1, 2019 through July 31, 2020, to provide sexual assault services for adult, youth, and child victims; and

 

B) approve a budget amendment of $103,135 in the Public Safety Grants Fund to adjust the budget to the actual grant award.

 

SUMMARY: Amendment 2 represents year two of a three year Sexual Assault Services Program Formula Grant (CFDA#16.017) that was awarded to the Palm Beach County Division of Victim Services effective August 1, 2018.  The funds are used to support and provide sexual assault services to primary and secondary victims.  Amendment 2 to Subcontract #18SAS26 revises the contract amount to $202,789, which is inclusive of the $99,654 allocation received in GY18, and $103,135 allocated for GY19. R2018-1038 authorizes the County Administrator or designee to execute FCASV grant contracts and amendments on behalf of the Board of County Commissioners. No County matching funds are required.  Countywide (SF)

 

2.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida, to approve and adopt the 2020 Palm Beach County Local Mitigation Strategy (LMS) plan and provide an effective date. SUMMARY: The Federal Emergency Management Agency (FEMA) has mandated that all LMS programs revise their plans every five years to bring them into compliance with Federal guidelines established in response to the Disaster Mitigation Act of 2000. The 2020 Palm Beach County LMS was approved on September 13, 2019 by the Florida Division of Emergency Management pending adoption by the County and each participating municipality.  In order to remain eligible to apply for and receive both pre-disaster and post-disaster Federal mitigation assistance funding, each participating municipality is required to adopt the LMS by resolution. Some of the language updated includes analyses of local flooding conditions as it relates to Palm Beach County communities; inclusion of updated information on storm surge, sea level rise, and climate change into the hazards, mitigation measures, mapping, and project list; updates on agricultural pests and diseases hazards with specifics on the citrus industry; and an improved project tracking system illustrating all of the mitigation work being done in Palm Beach County. Countywide (LDC)

 

3.         Staff recommends motion to adopt: a resolution of the Board of County Commissioners authorizing the County Administrator or designee to sign the FY 2019-2020 annual Emergency Medical Services (EMS) County grant application for $155,993 and sign the EMS Grant program change request forms related to the grant after the approval of the application by the Florida Department of Health, Bureau of EMS and forward same to the State of Florida Department of Health, Bureau of EMS.  SUMMARY:  The EMS County Grant (CSFA# 64.005) is an annual grant provided to Palm Beach County from the Florida Bureau of EMS, to improve and expand the EMS system.  The funds are used to purchase EMS equipment, which is distributed to EMS providers, and other agencies that are eligible for EMS grant funding. No County matching funds are required for this grant. Countywide (LDC)

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to:

 

A) accept the Urban Area Security Initiative (UASI) GY 2018 – Award Letter with the City of Miami to receive an additional $50,000 in reimbursable grant funding for Regional Citizen Corps and Community Emergency Response Teams (CERT) planning, training, exercises, and equipment for the period June 25, 2019 through June 30, 2020; and

 

B) approve a budget amendment of $50,000 in the Urban Areas Security Initiative Grant Fund to recognize the additional grant funds.

 

SUMMARY:  The award letter approves the allocation of additional funding of $50,000 from the UASI 2018 agreement #19-DS-04-11-23-02-319 (CFDA # 97.067) bringing the total award to $176,117. The additional funds provide a means of funding various domestic security activities related to Citizen Corps and CERT planning, training, exercises and equipment within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent and expires on June 30, 2020.  R2013-0622 gave authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. No County matching funds are required. Countywide (LDC)

 

5.         Staff recommends motion to:

 

A) receive and file the following two executed agreements with the State of Florida, Division of Emergency Management (FDEM) to receive grant funding for the period July 1, 2019 through June 30, 2020, to improve and enhance emergency management plans and programs and provide operational support to maintain state required programs:

 

1. State-funded Grant Agreement (A0036) for FY2019-20 in the amount of $105,806 for the Emergency Management Preparedness and Assistance (EMPA) Grant;

 

2. Federally-funded Subaward and Grant Agreement (G0059) for FY2019-20 in the amount of $276,066 for the Emergency Management Performance Grant (EMPG); and  

 

B) approve a budget amendment of $285,691 in the Emergency Management Preparedness and Assistance Fund to adjust the EMPA grant award by $76,854 to the actual award of $105,806, and the EMPG grant by $208,837 to the actual award of $276,066.

 

SUMMARY:  The EMPA grant (CSFA #31.063) is state funded while the EMPG grant (CFDA #97.042) is federally funded. Both grants recur annually. These funds are used to enhance and improve emergency management plans and programs and provide operational support.  The grants will be used to further enhance emergency planning, response, mitigation and recovery in the County. The EMPG contract underwent significant changes through FDEM’s attorneys, delaying the approval process.  R2012-1731 dated November 20, 2012, gave authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. The EMPA grant requires a match at the lesser of the Division of Emergency Management's general revenue funding average for the last three fiscal years or the level of funding for the last fiscal year. A dollar for dollar match is required for the EMPG grant. Match requirements are included in the County budget. Countywide (LDC)

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

6.         Staff recommends motion to approve: a second amendment to contract for Professional Services with Phamatech, Inc. (R2018-1520) for the period of August 1, 2019 through September 30, 2021 retroactively increasing the contract by $12,940 for a new total not-to-exceed contract amount of $679,465 to provide drug-testing services to all participants referred by the Adult, Delinquency, and Family Drug Courts. SUMMARY:  The amendment includes adding the fentanyl screening to the seven-panel test and adding the methadone screening, for the Delinquency and Family Courts. The addition of the fentanyl screen to the seven-panel test increases the unit cost from $14.50 to $16.50 per screening. The methadone screening is added at a unit cost of $3.00 per screening.  The amendment will also allow for retesting, which will be utilized in lieu of confirmation testing, which is a more specific test used as a confirmatory test to identify individual drug substances or metabolites, and quantify the amount of the substance used. Creatinine levels screening will be also be included in all retests.  The retests will be done upon request of the drug court programs. This amendment is needed to help identify and assess the treatment needs of drug court participants. Countywide (SF)

 

7.         Staff recommends motion to approve: Agreement #50B34 with State of Florida, Department of Health, Palm Beach County Health Department (Department) for activities related to achieving competency in performing medical forensic exams to the County’s Victim Services and Certified Rape Crisis Center Sexual Assault Nurse Examiners (SANE) for  a one year term beginning November 1, 2019 or the latest date of signature by the parties through October 31, 2020 with no financial obligations. SUMMARY:  The Department is a state agency with seven health centers located throughout the County. The Division of Victim Services (DVS) employs up to 12 SANE. In order to perform a Forensic Sexual Assault exam, the SANE are required to observe four medical forensic exams under the guidance of a preceptor and demonstrate competency by performing ten medical forensic exams under the guidance of a preceptor. In order to facilitate SANE in meeting their required competencies, DVS is seeking to execute an agreement with the Department for activities related to achieving competency for the SANEs. The agreement is needed to outline the respective duties, responsibilities, policies and procedures that will be undertaken by the Department and the County regarding the SANE competency requirement. The County will coordinate with the Department for learning opportunities and rotations at the C.L. Brumback Health Center in Belle Glade. The Department will designate an experienced Advanced Practice Registered Nurse, Medical Doctor or Physician Assistant to provide trainings for gynecological exams and speculum competency, to SANE Nurses. Countywide (SF)

 

8.         Staff recommends motion to receive and file: a first amendment to the Interlocal Agreement for professional services with Florida State University (FSU) (R2017-0922) extending the contract from September 30, 2019 to September 30, 2020.  SUMMARY: The Division of Victim Services was granted a one-year extension of the original U.S. Department of Justice, Office of Justice Programs, 2016-XV-GX-K018 (CFDA 16.582) (R2016-1739) thereby extending the date for completion of service from September 30, 2019 to September 30, 2020. FSU will continue to document the performance and effectiveness of the grant project through conducting focus groups, disseminating and tracking evidenced-based programs, collecting data, tracking judicial outcomes of DUI manslaughter and homicide cases, and producing professional publications to disseminate project findings to highlight some of the activities.  R2017-0477 authorized the County Administrator or designee to execute future amendments and partner agreements associated with the current grant (2016-XV-GX-K018) on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (SF)

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

9.         Staff recommends motion to approve: Amendment #1 to Memorandum of Agreement #A4147 with Florida Department of Corrections (DOC) (R2017-0107) to provide advocacy services to incarcerated victims of sexual assault for an additional three year term beginning January 10, 2020 through January 9, 2023 with no financial obligations. SUMMARY: DOC is a state agency that operates five correction facilities in Palm Beach County to include a prison, release center, and reentry sites.  In order to comply with the Prison Rape Elimination Act (PREA) standards, in 2017, DOC executed an agreement with the Department of Public Safety Division of Victim Services for advocacy services and crisis intervention to incarcerated victims of sexual assault. Pursuant to the original agreement, DOC is exercising its final three-year renewal option. The first amendment also revised Section IV.A-Department’s Agreement Administrator; Section IV.B-Agreement Managers; Section VII.E-Disputes; Section VII.P-Americans with Disabilities Act; and Attachment A-Security Requirements for Contractors. Amendment #1 aligns with the PREA standards established by the U.S. Department of Justice, best practices in the field of sexual assault victim services and is commensurate with sexual assault services available to the community at large. Countywide (SF)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a National Institute of Justice Award Letter for a FY 2019 DNA Capacity Enhancement and Backlog Reduction Program Grant in the amount of $373,152 for the period January 1, 2020 through December 31, 2021; and

 

B) approve a budget amendment of $373,152 in the Sheriff’s Grants Fund.

 

SUMMARY:  On September 12, 2019, the Palm Beach County Sheriff’s Office (PBSO) received an award for the DNA Capacity Enhancement and Backlog Reduction Program.  The Forensic Biology Unit in the Crime Laboratory of PBSO services over 28 municipalities, the school systems and assists state and local federal agencies as needed. These funds will be used to continue to support two forensic scientist allocations, training, travel, and contractual services that will increase the efficiency of the crime lab. An increase in funding from the County may be requested through our annual budget process once the grant ends. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Department of Justice, Office of Justice Programs FY2019 Enhanced Collaborative Model to Combat Human Trafficking grant award in the amount of $900,000 for the period of October 1, 2019 through September 30, 2022;

 

B) approve a budget amendment of $900,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On September 29, 2019, the Palm Beach County Sheriff’s Office (PBSO) received a Federal grant award in the amount of $900,000 to support the multidisciplinary human trafficking task force, related human trafficking investigations, law enforcement training, and communitywide education, to address human trafficking crimes and victimization occurring in Palm Beach County. Funding will be used to continue to support two detective allocations, contractual services, training, data collection, supplies, and community awareness. An increase in funding from the County may be requested through our annual budget process once the grant ends.  There is a $325,000 in-kind match requirement associated with this award.  Countywide (LDC)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program FY 2018 Grant in the amount of $149,840 for the period of September 26, 2019 through the date all funds have been spent; and

 

B) approve a budget Amendment of $149,840 increasing the Sheriff’s Grants Fund.

 

SUMMARY:  The BJA has made funds available to be used for correctional purposes. These funds will be used in accordance with the Department of Justice Reauthorization Act of 2005. There is no match requirement associated with this award. Countywide (LDC)

 

4.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, an agreement between the State of Florida, Office of the Attorney General and the Palm Beach County Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of $163,544 for the period October 1, 2019 through September 30, 2020; and

 

B) approve a budget amendment of $163,544 in the Sheriff’s Grants Fund.

 

SUMMARY:  On October 1, 2019, the Palm Beach County Sheriff’s Office (PBSO) received a VOCA grant.  These funds will be used to continue to allow for two victim advocate allocations to concentrate on the domestic violence and human trafficking victim population in Palm Beach County.  Both positions will coordinate services with PBSO officers, the County’s Victim Services Programs, and other municipal agencies to offer crisis intervention, lethality assessments, safety plans, and case management services. The PBSO will provide the 20% required cash match in the amount of $40,886 through its approved operating budget.  An increase in funding from the County may be requested through our annual budget process once the grant ends. Countywide (LDC)

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

5.         Staff recommends motion to approve: a budget amendment of $650,000 in the General Fund for law enforcement services provided by the Palm Beach County Sheriff’s Office to City of Westlake through the Contractual Agreement for the period of October 1, 2019 through September 30, 2020. 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 City of Westlake. The level of service to be provided includes five positions, comprised of five sworn officers, as further detailed in Exhibit A of the Agreement. No County funds are required. Countywide (LDC)

 

6.         Staff recommends motion to approve: a budget amendment of $1,511,013 in the General Fund for law enforcement services provided by the Palm Beach County Sheriff’s Office to Town of Palm Beach Shores through the Contractual Agreement for the period of November 1, 2019 through September 30, 2020. 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 Town of Palm Beach Shores. The level of service to be provided includes 11 positions, comprised of 11 sworn officers, as further detailed in Exhibit A of the Agreement.  No County funds are required. Countywide (LDC)

 

7.         Staff recommends motion to approve: a budget amendment of $1,050,000 in the General Fund for law enforcement services provided by the Palm Beach County Sheriff’s Office to Town of South Palm Beach through the Contractual Agreement for the period of October 1, 2019 through September 30, 2020. 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 Town of South Palm Beach. The level of service to be provided includes seven positions, comprised of seven sworn officers, as further detailed in Exhibit A of the Agreement.  No County funds are required. Countywide (LDC)

 

8.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Grant Award for the FY2019 Coach Aaron Feis Guardian Program between the Florida Department of Education and the Palm Beach County Sheriff’s Office for the period of July 1, 2019 through June 30, 2020;

 

B) approve a budget amendment of $1,034,135 in the Sheriff’s Grants Fund.

 

SUMMARY: On October 1, 2019, the Palm Beach County Sheriff’s Office (PBSO) received a grant award for the Coach Aaron Feis Guardian Program to implement a Safe Schools Security Guard Training Program (SSSGTP). The SSSGTP is a partnership with the Palm Beach County School District to ensure all charter schools in Palm Beach County are equipped with a Safe-School Officer in compliance with Section 1006.12, Florida Statutes. These funds will be used for overtime and personnel costs to provide training by qualified sworn deputies/instructors certified by the Criminal Justice Standards and Training Commission and to provide program supervision/oversight. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed Palm Beach County Sports Commission, Inc agreement with Super Bowl LIV, for the promotion of Palm Beach County through Super Bowl related marketing and Super Bowl related events hosted in Palm Beach County. SUMMARY: The Super Bowl Host Committee is currently holding 1,164 blocked rooms in Palm Beach County, which are reserved for three nights. Additional rooms are expected to be booked closer to the event. Estimated spending in Palm Beach County will produce an approximate economic impact of $12,000,000. The investment from Palm Beach County through the Tourist Development Council (TDC) Sports Commission Agency budget will not exceed $270,000 as approved by the Sports Commission Board and the TDC. As part of the agreement, Palm Beach County will be featured prominently on Super Bowl LIV websites and on various media sites, including social media, digital and print publications.  In addition to the benefits of the economic impact, the Super Bowl Host Committee, to which the County Administrator has been appointed with an alternate member being the Executive Director of the Tourist Development Council, has agreed to bring several events to Palm Beach County including NFL Business Connect, which is focused on creating contract opportunities for certified minority, women, veteran, and LGBT owned businesses regarding Super Bowl LIV.  NFL alumni will participate in a football camp at Glades Pioneer Park, visit area hospitals, and a Super Bowl celebration event will be held in West Palm Beach along with one additional location. A press event is being planned for media from Miami to travel to Palm Beach County during this period. Countywide (DC)

 

 

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NOVEMBER 19, 2019

 

 

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

 

A.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends a motion to adopt: a resolution of the Board of County Commissioners of Palm Beach County, Florida, making certain findings and designating the real property located at 22866-22508 SW 65th Avenue within unincorporated Palm Beach County, Florida, 33428, further identified by property control numbers 00-42-47-30-02-002-0000 and 00-42-43-27-05-081-0371 (the Subject Property), as a Brownfield Area to be known as the Residences at Boca Dunes Green Reuse Area, pursuant to Section 376.80 (2)(c), Florida Statutes, for the purpose of rehabilitation, job creation and promoting economic development; providing an effective date; and for other purposes. SUMMARY: On September 10, 2019, the Board of County Commissioners (BCC) approved two motions related to the Subject Property: 1) a waiver of the statutory requirement that one of the two public hearings to be held after 5:00 p.m.; and 2) advertising of public hearings on Tuesday, October 22, 2019, at 9:30 a.m. and November 19, 2019, at 9:30 a.m. On October 22, 2019 (Agenda Item 4C-1), the BCC approved a motion to conduct a public hearing on November 19, 2019, as required by the Brownfields Redevelopment Act (Act) set forth in Sections 376.77-376.86, Florida Statutes, designating the Subject Property as a Brownfield Area. On August 1, 2019, Richman Boca Development Partners, LLC (formerly known as Richman Boca Dunes Development Partners, LLC) and Richman Boca Dunes II, LLC, Florida Limited Liability Companies (collectively Boca Dunes) submitted a written request to Palm Beach County’s Department of Housing and Economic Sustainability (HES) to designate the Subject Property as a Brownfield Area. Boca Dunes is the owner of the Subject Property and has control thereover, as confirmed by the two warranty deeds (attached to this agenda item). Boca Dunes plans to develop the Subject Property as a residential community, which the Palm Beach County Planning and Zoning Divisions have confirmed is allowed with the High Residential, eight units per acre (HR-8) future land use designation and Planned Unit Development (PUD) zoning on the site. The rezoning of the northern 55.75 acres of the golf course was approved at the January 24, 2019 BCC hearing via Resolution R2019-0179. The preliminary master plan approved indicates 446 multifamily units over 3 pods: 354 in Pod A, 64 unit in Pod B and 28 units in Pod C. The final site plan shows 354 units in 15 residential buildings.  There is one clubhouse and three one-story garage buildings. Prior to redevelopment, Boca Dunes is seeking a Brownfield designation under the Act.  Section 376.80(12), Florida Statutes, does not require a local government to use the term Brownfield within the name of the area being designated. No County funds for implementation are required. District 5 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

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

 

            B.        PALM TRAN

 

1.         Staff recommends motion to approve:

 

A) the Program of Projects for the FY2019 Section 5307 and Section 5339 Grant allocations, in the amount of $17,429,929 (5307); $2,087,965 (5339), and $50,000 in FLEX Funds programmed by the Palm Beach Transportation Agency (TPA) from the Federal Transit Administration (FTA);

 

B) the filing of a multi-source funding (Super-Grant) electronic grant application #1098-2019-2, with the FTA, for FY2019 Section 5307 (CFDA 20.507), Section 5339 (CFDA 20.526) and Flex Funds (CFDA 20.507). The Super-Grant is for capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in the amount of $19,567,894.  This is a cost reimbursable agreement that will become effective upon FTA Award and has an anticipated end date of March 30, 2025;

 

C) the filing of Standard Form LLL - Disclosure of Lobbying Activities; and

 

D) the authorization for the County Administrator or designee to execute on behalf of the BCC, and to transmit electronically the BCC’s approval of the Grant Application, award and the resulting grant agreement.

 

SUMMARY:  The FTA distributes Section 5307 and 5339 grant funds to provide capital and operating assistance for public transportation projects.  The FY2019 allocation will fund items necessary for the continued operations of the Palm Tran system, which includes the following: $5,912,630 to replace buses and relief vehicles that have reached their useful life; $174,299 for the one-percent project security requirement; $2,419,965 for facility improvements; $1,511,000 for Shop Maintenance Equipment; $500,000 for General Planning Consulting contract; $500,000 for South County Expansion furniture and $8,500,000 for preventive maintenance, and $50,000 for Bus Shelters.  FTA encourages the submittal of Super-Grant applications to consolidate allocations for Fixed Route capital projects. The FY2019 allocations have a match requirement of $4,891,974 or 20% of the total project cost. The source of the matching funds are Toll Revenue Credits provided by the Florida Department of Transportation. The grant application also requires execution of the Disclosure of Lobbying Activities, Form LLL.  No County funds are required. Countywide (DR)

 

 

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NOVEMBER 19, 2019

 

 

5.         REGULAR AGENDA

 

A.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve on preliminary reading and permission to advertise for public hearing on Tuesday, December 17, 2019 at 9:30 a.m.: an ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised Five Year Road Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of the Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date.  SUMMARY:  This is the annual update of Palm Beach County’s Five Year Road Program which is required to be considered each year by the Five Year Road Program Ordinance. Exhibit “A” to the ordinance is a list of proposed projects for the next five years and contains certain changes and modifications. This list is submitted for the Board of County Commissioners’ consideration on preliminary reading today with the final list to be approved with the ordinance at public hearing on Tuesday, December 17, 2019. Countywide (YBH)

 

 

B.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve on preliminary reading and permission to advertise for public hearing on Tuesday, December 17, 2019 at 9:30 a.m.: an ordinance of the Board of County Commissioners of Palm Beach County, Florida,  amending Chapter 19, Article IX (Ordinance No. 2008-43) as amended, relating to vehicles for hire; amending Section 19-213  (definitions); amending Section 19-217 (reciprocity); amending 19-227 driver requirements, failure to comply; providing for repeal of laws in conflict; providing for a savings clause;  providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing an effective date. SUMMARY: The proposed ordinance amendment expands the regulatory framework of the vehicle for hire industry by creating a special event reciprocity provision.  This amendment is necessary to ensure adequate processes are in place to accommodate anticipated regulatory demands in the tri-county region during special events including but not limited to the Super Bowl LIV. The special event reciprocity provision establishes the requirements for currently licensed vehicle for hire companies to increase their fleet and driver capability to meet transportation needs and allows for Miami-Dade, Broward and Palm Beach Counties to work cooperatively to meet regulatory demand and oversight responsibilities in a streamlined fashion. Despite variations, each county will apply the requirements of their respective ordinances when evaluating special permit applications.  For the special event period only, reciprocity in Palm Beach County applies to Broward and Miami-Dade vehicle decals only if Palm Beach County vehicle decals are recognized by these respective jurisdictions by way of ordinance language in the same manner. Highlights of proposed amendments include the following: 1) adding a definition of special event, special event vehicle decal and special event period, 2) establishing criteria for special event vehicle decals, 3) outlining the background screening requirements of temporary drivers, 4) creating reciprocity language with Miami-Dade and Broward Counties, and 5) assigning a disqualifying timeframe for habitual traffic offenders.  The proposed revisions were presented to vehicle for hire industry representatives on October 2, 2019 and League of Cities on October 25, 2019 and were approved. Countywide (LDC)

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

5.         REGULAR AGENDA

 

C.        HOUSING AND 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 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Mallards Landing). SUMMARY: The bonds are being issued in one or more series by the Housing Finance Authority of Palm Beach County, Florida (Authority), to finance the costs of acquiring, constructing, renovating and equipping a 163 (approximate) unit multifamily rental housing facility known as Mallards Landing (Project), located in unincorporated Palm Beach County at 1598 Quail Drive in West Palm Beach.  These units will be rented to qualified persons and families whose household incomes do not exceed 60% of area median income. The Borrower is SP Mallards Landing LLC or an affiliate thereof, and the Developer is Southport Development Inc.  The bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower.  Greenberg Traurig, P.A. is Bond Counsel to the Authority with respect to the bonds, RBC Capital Markets, LLC is the Placement Agent for the senior lien bonds and FF Mallards Landing LLC is the purchaser for the subordinate lien bonds.  On August 9, 2019, the Authority held a public hearing with respect to the bonds in the noticed principal amount of $22,500,000 as required by Section 147(f) of the Internal Revenue Code. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, or interest on the bonds. District 7 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

5.         REGULAR AGENDA

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to: opt out as a Class Member of the Negotiation Class in the case of In re: National Prescription Opiate Litigation, case number MDL No. 2804 (N.D. Ohio) and Palm Beach County v. Purdue Pharma, et al., case number: 1:18-op-46121-DAP (N.D. Ohio).  SUMMARY: On April 5, 2018, outside counsel filed suit on behalf of Palm Beach County against opioid manufacturers, opioid distributors, pharmacies, and three private physicians that caused the opioid crisis in Palm Beach County, in the Fifteenth Judicial Circuit in Palm Beach County in Palm Beach County v. Purdue Pharma, L.P., et. al; case number 50-2018-CA-004109XXX-MB. The Defendants removed the case to federal court based on diversity jurisdiction. The case was then transferred to the Opioid Multidistrict Litigation (MDL); In re: National Prescription Opiate Litigation, case number MDL No. 2801 (N.D. Ohio) and the case was assigned to Judge Dan A. Poster.  On June 14, 2019, the Plaintiffs in the MDL filed a Motion for Certification of Rule 23(b)(3) Cities/Counties Negotiation Class (Motion).  On September 11, 2019, Judge Polster granted certification to a Negotiation Class against certain defendants and set a deadline of November 22, 2019 for the class members to opt out. On October 29, 2019, the Board of County Commissioners (BCC) granted the County Attorney’s request to schedule a private meeting for an attorney-client session between the Board of County Commissioners, the County Administrator, the County Attorney, certain Assistant County Attorneys, and outside counsel pursuant to Section 286.011(8), Florida Statutes to discuss settlement negotiations of pending litigation in which Palm Beach County is presently a party:  In re: National Prescription Opiate Litigation, case number: MDL 2804 (N.D. Ohio) and Palm Beach County v. Purdue Pharma, et al., case number: 1:18-op-46121-DAP (N.D. Ohio).  On November 5, 2019, the private meeting for the attorney-client session was held.  Based on the private attorney-client session, staff recommends the Board of County Commissioners opt out as a Class Member of the Negotiation Class in the case of In re: National Prescription Opiate Litigation, case number MDL No. 2804 (N.D. Ohio) and Palm Beach County v. Purdue Pharma, et al., case number: 1:18-op-46121-DAP (N.D. Ohio).  Pursuant to Section 286.011(8), Florida Statute, the entire attorney-client session was recorded by a certified court reporter.  No portion of the session was off the record.  The court reporter’s notes were fully transcribed and will be filed with the Clerk and shall be made part of the public record upon conclusion of the pending litigation. Countywide (KP)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOVEMBER 19, 2019

 

 

5.         REGULAR AGENDA

 

E.         FACILITIES DEVELOPMENT AND OPERATIONS

 

1.       Staff recommends motion to approve: the priority ranking of Special Projects assigned to Facilities Development & Operations (FDO).  SUMMARY: In FDO, the number of upper management positions (at the Department and Division level) has been constant and middle management positions non-existent in the divisions who are primarily responsible for the implementation of the County’s development program; including Departmental Administration, Business Operations, Strategic Planning, and Property & Real Estate Management; collectively referred to as Development Directors.  Capital Improvements Division is a key part of the development program, but historically has not been involved in Special Projects until they are at a point that the project becomes routine. While cost effective, this structure is sustainable when routine operations are allowed 80%-85% of the Development Directors’ workweek. However, over the last two years, Special Projects have dominated about 80%-85% of the Development Directors’ workweek. This has resulted in: 1) the growing number of complaints from departments/constitutional officers with the timeliness of the delivery of projects, 2) negative impacts on non-routine renewal/replacement projects which, in most cases, are the most in need of attention, and 3) slowed implementation of organizational modifications, attention to automation efforts and departmental procedures (together Departmental Infrastructure) to consistently implement the heavy workload and continually changing procurement guidelines. In order to correct these results, it is necessary to: 1) limit intake of any additional Special Projects, and 2) focus efforts on completing existing Special Projects, particularly those which create long term Departmental Infrastructure. In order to achieve the shift in focus, FDO needs to prioritize its work on previously assigned Special Projects.  The Special Projects have been assigned to two priority groups. Development Directors will focus on Priority Group One, while those projects assigned to Priority Group Two will be moved up as Special Project(s) in Priority Group One once they are completed. Staff will provide periodic status updates to the BCC via email as Special Projects are completed or move into routine status.  Staff will advise if any item or BCC directive creates a new Special Project for FDO so it can consider the impacts and reassign priorities, if necessary. It is FDO’s belief that with staff and the BCC’s concentrated efforts to not add any new Special Projects, FDO can be back to a sustainable operating scenario in six to nine months. (FDO Admin) Countywide (LDC)

 

 

 

 

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NOVEMBER 19, 2019

 

 

6.         BOARD APPOINTMENTS

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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NOVEMBER 19, 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."