March 10, 2020

9:30am

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 10, 2020

 

PAGE             ITEM

 

41                    4F*                  REVISED TITLE: Proclamation declaring March 29, 2020 as National Vietnam War Veterans Day in Palm Beach County (Sponsored by Commissioner Berger)

 

41                    4L                    ADD-ON:  Proclamation recognizing the Royal Palm Beach Wildcats as National Division Champions (11-12 years of age) in the 2019 Pop Warner Superbowl (Sponsored by Commissioner Bernard)

 

44                    5C-1*              DELETED FOR FURTHER STAFF REVIEW: REVISED SUMMARY:  Staff does not recommend paying twice the appraised value for more property than is required for development of the station and will continue exploring alternatives as they present themselves.  Assuming 13th Floor continues to move forward with development of its PUD, 13th Floor will remain obligated to pay the County $1,103,500 as a civic site cash out fee upon filing of its first plat of the Delray Trails property. on April 30, 2020  (FDO)

 

44                    5D-1               ADD-ON: Briefing on Coronavirus Disease 2019 (COVID-19). SUMMARY: A briefing on Coronavirus Disease 2019 (COVID-19), will be provided by Dr. Alina Alonso, M.D., Director, Palm Beach County Department of Health, Bill Johnson, R.N., Palm Beach County Emergency Management Director, Chief Reginald Duren, Palm Beach County Fire Rescue Administrator, and Chief Charlie Coyle, Palm Beach County Fire Rescue EMS Chief. The briefing will focus on response and preparedness. Countywide (LDC) (Admin)

 

47                    8D-3*              DELETED: Request for off-site Proclamation declaring April 19-25, 2020 as Palm Beach County Sheriff Volunteer Week in Palm Beach County (Sponsored by Mayor Kerner)

 

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

 

 

MARCH 10, 2020

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

 1.        CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

 2.        AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

                       

 3.        CONSENT AGENDA (Pages 7-40)

 

 4.        SPECIAL PRESENTATIONS (Page 41)

 

 5.        REGULAR AGENDA (Pages 42-44)

 

 6.        BOARD APPOINTMENTS (Page 45)

 

 7.        STAFF COMMENTS (Page 46)

 

 8.        BCC COMMENTS (Page 47)

 

 9.        MATTERS BY THE PUBLIC – 2:00 P.M. (Page 48)

 

10.       ADJOURNMENT (Page 49)

 

 

 

 

* * * * * * * * * * *


MARCH 10, 2020

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Amendment to Interlocal Agreement with Broward, Miami-Dade and Monroe Counties for the Southeast Florida Regional Climate Change Compact

            3A-2    Expansion and related improvements at Limestone Creek and San Castle parks

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

Page 8

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

            3B-5    Receive and file records that have been converted to electronic format

 

C. ENGINEERING & PUBLIC WORKS

Page 8

            3C-1   Resolution authorizing the conveyance of one parcel to FDOT for construction of intersection improvements at Blue Heron Boulevard and Australian Avenue

            3C-2   Contract with AUM Construction, Inc. for traffic detection loops

Page 9

            3C-3   Subordination of utility interests and agreement for reimbursement with Florida Power & Light Company on a parcel of land on Haverhill Road at Okeechobee Boulevard

            3C-4   Supplement to contract with AE Engineering, Inc. for construction engineering and inspection services for the bridge rehabilitation of the Camino Real Road/Boca Club Bridge over the Intracoastal Waterway

            3C-5   Subordination of utility interests and agreement for reimbursement with Florida Power & Light Company on a parcel of land on SW 8th Street at SW 65th Avenue

Page 10

            3C-6   Resolution approving amendment to the State of Florida Department of Transportation Landscape Memorandum of Agreement for landscape improvement on State Road 7/US 441

            3C-7   Work order to contract with Ranger Construction Industries, Inc. for milling and resurfacing Prosperity Farms Road from Allamanda Drive to Hood Road

Page 11

            3C-8   Work order to contract with Ranger Construction Industries, Inc. for milling and resurfacing Lyons Road from the Hillsboro Canal to Boca Lago Boulevard

            3C-9   Receive and file construction agreement with the Florida Department of Transportation for construction of a right turn lane at the intersection of PGA Boulevard and Military Trail

            3C-10 Receive and file a construction agreement with the Florida Department of Transportation for the construction of the Okeechobee Boulevard and Jog Road intersection improvements

 

D. COUNTY ATTORNEY

Page 11

            3D-1   Receive and file amendment to agreement with Municipal Code Corporation extending the expiration date

Page 12

            3D-2   Settlement agreement with Maria Castellano-Lopez

 

E. COMMUNITY SERVICES

Page 12

            3E-1    Letter of agreement with the State of Florida Department of Health agreeing that the Needle Exchange Program will operate in accordance with the Florida Statutes

 

 

 

 

 

 

 

MARCH 10, 2020

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

F. AIRPORTS

Page 12

            3F-1    Receive and file extension of time to agreement with the Florida Department of Transportation to upgrade access roadway signage and landscaping at Palm Beach International Airport

            3F-2    Receive and file license agreement with Atlantic Aviation – West Palm Beach, LLC for vehicle parking

Page 13

            3F-3    Receive and file consent to sublease by Jet Aviation Associates, Ltd. to Prospect Hotel Advisors, LLC

            3F-4    Receive and file license agreement with Drive Shack Palm Beach LLC

            3F-5    Receive and file license agreement with Enterprise Leasing Company of Florida, LLC for overflow vehicle parking

            3F-6    Receive and file agreements with Allegiant Air LLC for ticket counter space and a waiver of landing fees

Page 14

            3F-7    Receive and file license agreement with Airport Terminal Services, Inc. for two self-service kiosks

            3F-8    Receive and file terminal space lease agreement with FSM Group, LLC

            3F-9    Receive and file amendment to agreement with JetBlue Airways Corporation

            3F-10  Receive and file general aeronautical services permit with CRJ Aviation, LLC

            3F-11  Receive and file license agreement with The Morganti Group, Inc. for use of office and storage space at Palm Beach International Airport

Page 15

            3F-12  Receive and file agreements with six airlines for operations space at Palm Beach International Airport

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 15

            3G-1   Settlement offer for full satisfaction of a code enforcement lien against Josefa Ramos & Francisco P. Ramos

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 16

            3H-1   Annual contracts with nine Heating, Ventilation and Air Conditioning contractors

Page 17

            3H-2   Contracts with three firms for Asbestos and Industrial Hygiene Consulting services

            3H-3   Task order to contract with Kast Construction Company LLC for services related to the Supervisor of Elections Production Facility

Page 18

            3H-4   Amendment to contract with All-Site Construction Inc. for the Supervisor of Elections Interior Renovations project

Page 19

            3H-5   Contract with One Call Florida, Inc. for low voltage services

            3H-6   Receive and file agreement with Ric L. Bradshaw for the use of five light towers in the Village of Royal Palm Beach

Page 20

            3H-7   Standard License Agreements for three various events

            3H-8   Amended and Restated Interlocal Agreement with Miami-Dade County for interoperable communications

Page 21

            3H-9   Assignment of a unique resolution number for authorizations to the Kast Construction Company LLC contract

Page 22

            3H-10 Amendment to contract with Lebolo Construction Management, Inc. for the Pahokee Gymnasium Renovation project

Page 23

            3H-11 Deductive Change Order to amendment to contract with The Morganti Group, Inc. related to the Palm Tran South Expansion project

 

MARCH 10, 2020

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 24

            3I-1     Impact Fee Affordable Housing Assistance Program funding to HTG Banyan, LLC for the Flagler Station project

Page 25

            3I-2     Impact Fee Affordable Housing Assistance Program funding to Moore Florida Property Investment, LLC for the Moore Memory Care project

Page 26

            3I-3     Termination agreement with Granit Telecommunications, LLC

Page 27

            3I-4     Impact Fee Affordable Housing Assistance Program funding to Moore Florida Property Investments, LLC for the Moore Apartments project

Page 28

            3I-5     Receive and file four amendments for projects funded under the Community Development Block Grant Program

 

J. PLANNING, ZONING & BUILDING

Page 28

            3J-1    Reappointment to the Building Code Advisory Board

 

K. WATER UTILITIES

Page 29

            3K-1    Consultant Services Authorization to contract with Calvin Giordano & Associates, Inc. for hurricane hardening at the Southern Region Water Reclamation Facility

            3K-2    Work Authorization to contract with Globaltech, Inc. for the Water Treatment Plant No. 8 Ammonia and Ferric Chloride Systems Improvements

Page 30

            3K-3    Contract with D.B.E. Management, Inc. for water main replacement at Belvedere Road and Florida’s Turnpike

            3K-4    Consultant Services Authorization to contract with Baxter & Woodman, Inc. for upgrades to Repump Station No. 8310

Page 31

            3K-5    Consultant Services Authorization to contract with Mock, Roos & Associates, Inc. for improvements to lift stations

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 31

            3L-1    Contract with Loggerhead MarineLife Center, Inc. for provision of 2020 sea turtle nesting data

Page 32

            3L-2    Statutory Warranty Deed for the donation of a parcel of vacant land from Robin S. Alden, located south of Donald Ross Road and west of U.S. Highway 1

            3L-3    Contract with the Lake Worth Lagoon Environmental Defense Fund, Inc. for marine debris and derelict vessel removal services

           

M. PARKS & RECREATION

Page 33

            3M-1   Receive and file two Amphitheater Rental Agreements

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

            3M-3   Receive and file two Entertainment Contractor Agreements

Page 34

            3M-4   Budget transfer for the John Prince Park Campground Phase III project

            3M-5   Budget transfer for the future development of the Lantana District Park “I”

 

 

 

 

 

 

 

MARCH 10, 2020

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

N. LIBRARY

Page 34

            3N-1   Application to the Florida Department of State, Division of Library and Information Services for a grant to purchase assistive listening technology

Page 35

            3N-2   Application to the Florida Department of State, Division of Library and Information Services for a grant to purchase equipment and software for digital signage

            3N-3   Budget amendment for grant award

 

P. COOPERATIVE EXTENSION SERVICE

Page 35

            3P-1    Grant agreement with the Western Palm Beach County Farm Bureau, Inc. to conduct the 2020 Palm Beach County Sweet Corn Fiesta

 

Q. CRIMINAL JUSTICE COMMISSION

Page 36

            3Q-1   Receive and file grant award from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Formula Direct Grant for the reentry program

 

S. FIRE RESCUE

Page 36

            3S-1    Budget transfer to fund additional project costs to complete Fire Station 22 in Westlake

Page 37

            3S-2    Donation of fire assets to aid the Bahamas in Hurricane Dorian relief

 

U. INFORMATION SYSTEMS SERVICES

Page 37

            3U-1   Rescind and replace Interlocal agreement with Seacoast Utility Authority to provide network services

Page 38

            3U-2   Rescind and replace Interlocal agreement with Palm Beach State College to provide network services

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

            3U-4   Receive and file software license agreement with the Government of the U.S. Virgin Islands for the web-based business license application

 

X. PUBLIC SAFETY

Page 39

            3X-1    Amendment to contract with Peggy Adams Animal Rescue League of the Palm Beaches, Inc. for spaying/neutering at-risk dogs and cats

            3X-2    Receive and file amendment to contract with the Battered Women’s Justice Project, Inc. for consulting/professional services

 

CC. SHERIFF

Page 39

            3CC-1 State Criminal Alien Assistance Program FY 2019 grant

 

            DD. INTERNAL AUDIT

Page 40

            3DD-1 Peer review engagement letter with the Association of Local Government Auditors for the triennial peer review of the County Internal Auditor’s office

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

TABLE OF CONTENTS

 

SPECIAL PRESENTATIONS

Page 41

            4A       National Surveyors Week

            4B       Women’s History Month

            4C       Florida Bicycle Month

            4D       Sexual Assault Awareness Month

            4E       The Lord’s Place SleepOut/SleepIn to End Homelessness Month

            4F       National Vietnam War Veterans Day

            4G       Palm Beach County Pride Month

            4H       National Farmworker Awareness Week

            4I         Government Finance Professionals Week

            4J        Transit Operator Appreciation Day

            4K       Advanced Life Support Team Day

 

 

REGULAR AGENDA

 

A. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 42

            5A-1    Updated progress on the Proposed Environmental and Water General Obligation Bond Referendum

 

            B. HOUSING AND ECONOMIC SUSTAINABILITY

Page 42

            5B-1    Resolution recommending approval of Project Button

Page 43

            5B-2    Application of Pine Crest Preparatory School, Inc. for the issuance of the County’s Industrial Development Revenue Bonds

 

            C. FACILITIES DEVELOPMENT AND OPERATIONS

Page 44

            5C-1   Civic site cash-out payment from 13FH Palm Beach, LP

 

BOARD APPOINTMENTS (Page 45)

 

STAFF COMMENTS

Page 46

            7A-1    Board directive update

 

COMMISSIONER COMMENTS (Page 47)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 48)

 

ADJOURNMENT (Page 49)

 


MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: an amendment to an Interlocal Agreement with Broward, Miami-Dade, and Monroe Counties for the cost share support of services for the Southeast Florida Regional Climate Change Compact. SUMMARY: This item amends an existing Interlocal Agreement (ILA) with Broward, Miami-Dade, and Monroe Counties that provides a single fiscal agent overseeing a contract with the non-profit Institute for Sustainable Communities for the continuation of staffing coordination, project management, and facilitation services for the Southeast Florida Regional Climate Change Compact (Compact). The amendments to the ILA will increase Palm Beach County’s fiscal year (FY) 2020 contribution from $50,000 to $62,500, and FY 2021 contribution from $12,500 to $37,500. It will also create a new Compact Leadership Committee (CLC) for the Compact. The CLC will consist of one designated representative from each of the four Compact member counties, and will be subject to Florida’s Sunshine Law. Additionally, Palm Beach County’s contact information will be updated. Approval of this item advances and reaffirms Palm Beach County’s commitment to climate resilience planning and regional coordination. Countywide (RPB)

 

2.         Staff recommends motion to approve:

 

A) an expenditure of an additional $97,000  to complete the basketball court expansion projects in the Limestone Creek and San Castle CCRT areas’ neighborhood parks;

 

B) an interdepartmental budget transfer of $97,000 from the Office of Community Revitalization (OCR) CCRT Recoup Fund, $48,700  to the Limestone Creek basketball court expansion project and $48,300 to the San Castle basketball court expansion project; and

 

C) a budget amendment of $97,000 in the Facilities Development and Operations Department (FDO) Public Building Improvement Fund to recognize the transfer of $48,700 for the Limestone Creek basketball court expansion project and $48,300 for the San Castle basketball court expansion project.

 

SUMMARY:  On July 10, 2018, the Board of County Commissioners approved the allocation of Community Development Block Grants funds in the total amount of $300,000 for the expansion of and related improvements to the existing basketball courts in the Limestone Creek and San Castle neighborhood parks.  Approval of this interdepartmental budget transfer is needed to reimburse FDO for the implementation of the projects. The budget amendment is required to recognize and appropriate the transfer. Districts 1 & 7 (HH)   

  

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

Meeting Type                                                          Meeting Date

Regular                                                                      September 10, 2019

Regular                                                                      October 8, 2019

Regular                                                                      October 22, 2019

Joint Sunshine Board Meeting                              November 21, 2019

 

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

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER (Cont’d)

 

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

 

5.         Staff recommends motion to receive and file: a list of Clerk & Comptroller Finance Department records which have been converted to an electronic format.  SUMMARY: These records have been converted from paper to an electronic format. The electronic records will be maintained according to their required retention schedule under the State of Florida’s General Records Schedule GSI-SL for State and Local Government Agencies per Chapter 119 and Chapter 257, Florida Statutes.

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to:

 

A) adopt a resolution to authorize the conveyance of one fee simple parcel designated as Parcel 101, recorded in Official Record Book 31017, page 726, necessary for the construction of intersection improvements at Blue Heron Boulevard and Australian Avenue (Project) to the Florida Department of Transportation (FDOT); and

 

B) approve a Palm Beach County (County) deed to convey to FDOT Parcel 101 for the Project.

 

SUMMARY:  Adoption of this resolution will authorize a County deed to convey Parcel 101 to FDOT for the Project. The County is building an eastbound right turn lane on Blue Heron Boulevard at Australian Avenue. Blue Heron Boulevard/SR 708 is an FDOT road. FDOT has requested that Parcel 101 be conveyed free and clear of all encumbrances and rights of entry. Now that the construction for the right turn lane is ready to commence, the permit from FDOT requires the County to convey Parcel 101 to FDOT. In accordance with Palm Beach County ordinance (2009-052), a supermajority vote (5 votes) is required by the Board of County Commissioners (BCC) for all transfers of fee simple real property that requires BCC approval. District 7 (YBH)

 

2.         Staff recommends motion to approve:  an annual traffic loop contract with AUM Construction, Inc. (AUM) in an amount not to exceed $1,000,000. SUMMARY:  Approval of this contract will provide for construction of traffic detection loops on an as needed basis. A waiver of affirmative procurement initiatives was approved by the Office of Equal Business Opportunity (OEBO) on April 23, 2019. The OEBO is granting this waiver based upon the determination that sufficient qualified Small Minority Women Business Enterprises providing the goods or services required by the contract are unavailable in Palm Beach County despite every reasonable attempt to locate them. AUM was the lowest, responsive bidder of two bidders. AUM is a Palm Beach County based Small Business Enterprise company. Bids were received by the Engineering Department on October 1, 2019. This contract will be in effect for 12 months from the date of approval by the Board of County Commissioners (BCC) and may be extended by the BCC for a defined period of time, not to exceed 36 months total contract time. Countywide (YBH)

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to approve: a subordination of utility interests and agreement for reimbursement for future additional facility relocations with Florida Power & Light Company (FPL) on a parcel of land located on Haverhill Road at Okeechobee Boulevard.  SUMMARY:  Approval of the subordination agreement will subordinate FPL’s utility easement interests and allow Palm Beach County (County) to accept a warranty deed for additional right-of-way. As part of the development conditions associated with the Good Samaritan Medical Center, the property owners are required to provide the County with 11 feet of additional right-of-way on Haverhill Road, south of Okeechobee Boulevard. This right-of-way is encumbered by an FPL utility easement. The subordination agreement requires FPL to relocate any facilities it may have from the dedicated right-of-way, when and if requested by the County, and requires the County to pay for reasonable relocation costs of said facilities. FPL has negotiated their subordinations to not include the indemnity provision associated with PPM CW-F-049. This has been reviewed by the County Attorney’s office and Risk Management. District 2 (YBH)

 

4.         Staff recommends motion to approve: Supplement No. 5 (supplement) in the amount of $434,162.86, to the professional services contract dated December 15, 2016 with AE Engineering, Inc. (AEE) for construction engineering and inspection (CEI) services for the bridge rehabilitation of the Camino Real Road / Boca Club Bridge over the Intracoastal Waterway project (Project). SUMMARY: Approval of this supplement will provide CEI services to cover additional CEI time required due to the extended construction time of the project and will increase the contract value from $2,051,542 to $2,485,704.86. The extended CEI services timeframe was from August 10, 2019 to November 4, 2019. The solicitation for design professionals was advertised on June 19, 2016 and June 26, 2016, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance. The SBE goal for all contracts was 15%. AEE proposed 3% SBE participation. The SBE participation for this supplement is 0%. Their cumulative SBE participation to date including this supplement is 2.81%. AEE made every effort to meet the 3% SBE goal with its team; however, they were unable due to unavailability of staff or inability to perform work requested. AEE was forced to cover the needs of the project with other teaming partners on the project or cover the required work themselves. In addition, the final CEI contract amount was increased due to changes incorporating specialty engineering (balancing of the bascule leaves and inspection of the bascule bridge specific electrical components) not available within the scope of services provided by the SBE partners. Palm Beach County anticipates recovering a portion of those costs after conclusion of final close out of the construction contract. AEE’s corporate office is located in Jacksonville, Florida, and they also have an office located in Palm Beach County. District 4 (YBH)

 

5.         Staff recommends motion to approve: a subordination of utility interests and agreement for reimbursement for additional facility relocations with Florida Power & Light Company (FPL) on a parcel of land located on SW 8th Street at SW 65th Avenue. SUMMARY:  Approval of the subordination agreement will subordinate FPL’s utility easement interests and allow Palm Beach County (County) to accept a warranty deed for additional right-of-way. As part of the development conditions associated with Boca Dunes, the property owners are required to provide the County with 20 feet of right-of-way on SW 8th Street. This right-of-way is encumbered by an FPL utility easement. The subordination agreement requires FPL to relocate any facilities it may have from the dedicated right-of-way, when and if requested by the County, and requires the County to pay for reasonable relocation costs of said facilities. The property owners have provided $12,000 to the County for those future costs. FPL has negotiated their subordinations to not include the indemnity provision associated with PPM CW-F-049. This has been reviewed by the County Attorney’s office and Risk Management.   District 5 (YBH)

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         Staff recommends motion to:

 

A) adopt a resolution to approve District Four Amendment Number Two to the State of Florida Department of Transportation (FDOT) Landscape Memorandum of Agreement (Amended LMOA) to extend the limits for landscaping improvements (Improvements) on State Road 7/US 441 (SR7) from Mile Post 6.076 to Mile Post 8.531 (Project);

 

B) approve the Amended LMOA with the FDOT for the Project; and

 

C) approve an agreement with Boca Raton Associates, VII, LLP (Developer) regarding Landscaping and Irrigation within FDOT Right-of-Way on SR7 requiring the Developer to install and maintain Improvements from Mile Post 6.076 to Mile Post 6.624, as stipulated by the Resolution and Amended LMOA.

 

SUMMARY:  Adoption of the resolution approving Amended LMOA will obligate Palm Beach County (County) to continue maintaining the existing Improvements and grassy areas of the FDOT Landscape Memorandum of Agreement (LMOA) R2017-1666 dated December 1, 2017, and Amendment One to the LMOA R2019-0721 dated June 21, 2019, and to include the additional limits from Mile Post 6.076 to Mile Post 6.624. Approval of the Agreement with the Developer will delegate all of the County’s obligations between Mile Post 6.076 to Mile Post 6.624 to the Developer. The Improvements are located along SR7 just south of Atlantic Avenue. District 5 (YBH)

 

7.         Staff recommends motion to approve:  Work Order 2018051-94 in the amount of $975,000 to mill and resurface Prosperity Farms Road from Allamanda Drive to Hood Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger).  SUMMARY: Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC).  Approval of this work order will allow the contractual services necessary to construct the improvement. Prior to this work order, approximately $16 million of Ranger’s $31.4 million Contract has been spent or encumbered. On October 16, 2018, the BCC approved the Contract with Ranger to provide milling and resurfacing of County roadways for countywide projects. The Contract was renewed on October 22, 2019 with a 15% mandatory Small Business Enterprise (SBE) goal set as the Affirmative Procurement Initiative. Due to unavailability of applicable certified SBE subcontractors, the Office of Equal Business Opportunity issued a waiver on January 17, 2020 that reduced the mandatory SBE participation to 5% for the remainder of the current contract term. Ranger agreed to 5% SBE participation for this work order. The minority contractor that Ranger was using to achieve the target 15% SBE for milling has graduated out of the program.  Approval of this work order will result in a cumulative SBE participation of 13.3% for all the work orders issued under the Contract.  District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

8.         Staff recommends motion to approve: Work Order 2018051-93 in the amount of $717,000 to mill and resurface Lyons Road from the Hillsboro Canal to Boca Lago Boulevard utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger). SUMMARY: Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the contractual services necessary to construct the improvement. Prior to this work order, approximately $17 million of Ranger’s $31.4 million Contract has been spent or encumbered. On October 16, 2018, the BCC approved the Contract with Ranger to provide milling and resurfacing of County roadways for countywide projects. The Contract was renewed on October 22, 2019 with a 15% mandatory Small Business Enterprise (SBE) goal set as the Affirmative Procurement Initiative. Due to unavailability of applicable certified SBE subcontractors, the Office of Equal Business Opportunity issued a waiver on January 17, 2020 that reduced the mandatory SBE participation to 5% for the remainder of the current contract term. Ranger agreed to 5% SBE participation for this work order. The minority contractor that Ranger was using to achieve the target 15% SBE for milling has graduated out of the program. Approval of this work order will result in a cumulative SBE participation of 11.9% for all the work orders issued under the Contract. This project is funded through the infrastructure sales tax. District 5 (YBH)

 

9.         Staff recommends motion to receive and file:  a construction agreement, dated November 21, 2019, with the Florida Department of Transportation (FDOT) for the construction of an exclusive right turn lane on the north approach of the intersection of SR 786 (PGA Boulevard) and Military Trail. SUMMARY: This agreement is being submitted to the Clerk & Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The construction includes the addition of a southbound right turn lane on the north approach of Military Trail, milling and resurfacing of pavement, installation of new mast arm signalization and lighting, sidewalks and ADA ramps. This agreement was approved by the Deputy County Engineer as a delegated authority in accordance with R2013-1117 on October 30, 2019, and subsequently executed by FDOT on November 21, 2019. District 1 (YBH)

 

10.       Staff recommends motion to receive and file:  a construction agreement with the Florida Department of Transportation (FDOT) for the construction of the Okeechobee Boulevard and Jog Road intersection improvements. SUMMARY: This agreement is being submitted to the Clerk & Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreement was approved by the Deputy County Engineer as a delegated authority in accordance with R2013-1117 on November 18, 2019, and subsequently executed by the FDOT on December 5, 2019. The construction includes the extension of the existing westbound dual left turn lanes on Okeechobee Boulevard at Jog Road. District 2 (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file: Amendment No. 1 to agreement between Palm Beach County and Municipal Code Corporation (MCC) exercising the first renewal option and extending the expiration date of the agreement to August 1, 2021. SUMMARY: On August 7, 2017, the County entered into the agreement with MCC, whereby MCC provides ordinance codification and loose leaf supplement services. The agreement’s initial three year term expires on August 1, 2020. The Amendment, which was executed by the County’s Purchasing Director under her signature authority, extends the expiration date to August 1, 2021. The agreement may be renewed for one additional 12 month period. Countywide (DB)

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

D.        COUNTY ATTORNEY (Cont’d)

 

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 Maria Castellano-Lopez v. Palm Beach County, Case Number 502019CA004358XXXXMB(AF). SUMMARY: This is a personal injury lawsuit arising from a motor vehicle collision involving a Palm Tran bus and vehicle occupied by Plaintiff, Maria Castellano-Lopez. Plaintiff suffered shoulder, knee, and ankle injuries, and underwent ankle surgery. Countywide (RF)

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: a Letter of Agreement with the State of Florida Department of Health (FDOH) in which the Board of County Commissioners (BCC) agrees that the Needle Exchange Program (NEP) established by The Palm Beach County Infectious Disease Elimination Ordinance (R2019-026) will operate in accordance with the requirements of Section 381.0038(4), Florida Statutes (2019). SUMMARY: In July of 2019, the BCC adopted the Infectious Disease Elimination Ordinance pursuant to Section 381.0038(4), Florida Statutes (2019), the State’s Infectious Disease Elimination Act (IDEA). As required by the IDEA, the County’s ordinance contains conditions precedent to establishing an NEP in the County. The first of those conditions precedent requires the BCC to establish a Letter of Agreement with the FDOH in which the BCC agrees that the NEP will operate in accordance with the requirements of the IDEA. The Letter of Agreement between the FDOH and the County satisfies this condition precedent. No County funds are required for the operation of the needle exchange program, as they are expressly prohibited by IDEA.  Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  an Extension of Time to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to Upgrade Access Roadway Signage and Landscaping at Palm Beach International Airport, Financial Project Number 430992-1-94-01 approved by the Board on March 22, 2016 (R2016-0330 and R2016-0331), until May 31, 2021. SUMMARY: The Extension of Time extends the availability of grant funding to allow for the continuation of project activities at said airport. Delegation of authority for execution of the Extension of Time to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11).  Countywide (AH)

 

2.         Staff recommends motion to receive and file: a License Agreement with Atlantic Aviation – West Palm Beach, LLC (Atlantic), commencing October 1, 2019 and expiring October 31, 2019, with automatic month-to-month renewals through September 30, 2022, unless terminated; providing for the use of approximately 17,400 square feet of ground area adjacent to Perimeter Road on the south side of Palm Beach International Airport (PBI) for the parking of vehicles in connection with Atlantic’s operations at PBI, for payment of license fees in the amount of $1,000 per month. SUMMARY: Atlantic requires additional ground area for overflow vehicle parking for their customers. Delegation of authority for execution of the standard County agreement above was approved by the BCC in R2007-2070. Countywide (AH)

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to receive and file: a Consent to Sublease (Consent), consenting to the sublease by Jet Aviation Associates, Ltd. (Jet) to Prospect Hotel Advisors, LLC, for space on Jet’s leasehold at the Palm Beach International Airport (PBI), effective December 1, 2019. SUMMARY: Jet provides fixed base operator services at PBI pursuant to a Lease Agreement (R99-2239), as amended, with the County. The Lease Agreement allows Jet to sublease space subject to the County’s consent. Delegation of authority for execution of the standard form consent to sublease was approved by the Board in R94-1453. Countywide (AH)

 

4.         Staff recommends motion to receive and file:  a License Agreement with Drive Shack Palm Beach LLC (Drive Shack), commencing December 19, 2019, and expiring on January 12, 2020, unless terminated earlier, providing for the use of a ground area on Perimeter Road at the Palm Beach International Airport (PBI) in connection with Drive Shack’s operations at PBI, for payment of license fees in the amount of $50 per day. SUMMARY:  Drive Shack leases ground area at PBI and operates a golf-related entertainment venue pursuant to a Development Site Lease Agreement (R2017-0939, as amended) and has requested an area for their employees to use for temporary overflow parking to support Drive Shack’s peak season operation.  Drive Shack used the area for a total of 11 days, from December 19, 2019 through December 29, 2019.  Delegation of authority for execution of the standard County agreement above was approved by the BCC in R2007-2070. Countywide (AH)

 

5.         Staff recommends motion to receive and file:  a License Agreement with Enterprise Leasing Company of Florida, LLC (Enterprise), commencing October 1, 2019 and expiring October 31, 2019, with automatic month-to-month renewals through September 30, 2022, unless terminated; providing for the use of approximately 185,850 square feet of ground area on 5th Street located north of Belvedere Road for the overflow parking of vehicles in connection with Enterprise’s rental car operations at the Palm Beach International Airport (PBI), for payment of license fees in the amount of $13,164.38 per month. SUMMARY: Enterprise uses the property for overflow parking in support of their rental car operation at PBI. Delegation of authority for execution of the standard County agreement above was approved by the BCC in R2007-2070. Countywide (AH)

 

6.         Staff recommends motion to receive and file:

 

A) Non-signatory Airline Agreement (Airline Agreement) with Allegiant Air LLC (Allegiant), commencing October 18, 2019, terminating September 30, 2020, and automatically renewing annually thereafter unless canceled; providing for Allegiant to provide commercial air service at the Palm Beach International Airport (PBI); and provides for the lease of 279 square feet of ticket counter space and 113 square feet of ticket office space at the PBI terminal building, for payment of rental in the amount of $26,810.27, from the date of rental commencement for each space through September 30, 2020; and

 

B) Airline Service Incentive Program Participation Agreement (Incentive Agreement) with Allegiant, providing for waiver of landing fees from November 1, 2019, through November 30, 2021, for flights from Asheville, NC; Cincinnati, OH; Concord, NC; Indianapolis, IN; Pittsburgh, PA; and Knoxville, TN.

 

SUMMARY: The Airline Agreement permits Allegiant to operate at PBI and to lease ticket counter space and office space for their operations. The Incentive Agreement waives landing fees for certain flights. Delegation of authority for execution of the standard form Non-signatory Airline Agreement was approved by the Board in R2019-1156. Delegation of authority for execution of the standard Airline Service Incentive Agreement was approved by the Board in R2014-0251. Countywide (AH)           

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to receive and file: a License Agreement with Airport Terminal Services, Inc. (ATS), commencing October 1, 2019 and expiring October 31, 2019, with automatic month-to-month renewals through September 30, 2022, unless terminated; providing for the use of approximately ten square feet of space at the Palm Beach International Airport (PBI) terminal building, for payment of monthly license fees in the amount of $63.20. SUMMARY:  An increasing number of airlines do not accept cash payments by passengers for checked-baggage fees and other costs.  ATS will use the space, consisting of two 5-square foot locations located on the ticketing level of the PBI terminal building, for two self-service kiosks that convert cash to prepaid credit cards.  Delegation of authority for execution of the standard County agreement above was approved by the BCC in R2007-2070. Countywide (AH)

 

8.         Staff recommends motion to receive and file: a Terminal Space Lease Agreement (Agreement) with FSM Group, LLC (FSM), for the lease of approximately 192 square feet of office space at the Palm Beach International Airport (PBI) terminal building, commencing October 1, 2019, and terminating on September 30, 2020, with automatic year-to-year renewals, for payment of rent in the initial amount of $14,561.28 per year. SUMMARY:  FSM conducts aircraft fueling operations at PBI and is leasing the space in the operations area of Concourse C of the PBI terminal building. Delegation of authority for execution of the standard form Terminal Space Lease Agreement was approved by the Board pursuant to R2018-0995. Countywide (AH)

 

9.         Staff recommends motion to receive and file:  a first amendment to Signatory Airline Agreement with JetBlue Airways Corporation (JetBlue), adding an additional gate, with associated holdroom space, to JetBlue’s leasehold at the Palm Beach International Airport (PBI) terminal building, effective January 8, 2020, for payment of rent in the initial amount of $99,234 per year. SUMMARY: The first amendment adds gate C10 with 1,800 square feet of associated holdroom space to JetBlue’s leasehold, effective January 8, 2020. Delegation of authority to agree to modifications of an airline’s leasehold premises, as provided in this First Amendment, was approved by the Board in R2019-1155. Countywide (AH)

 

10.       Staff recommends motion to receive and file: a General Aeronautical Services Permit (Permit) with CRJ Aviation, LLC (CRJ), commencing November 14, 2019, terminating on September 30, 2020, and automatically renewing on an annual basis each October 1st unless canceled. SUMMARY:   The Permit authorizes CRJ to provide support services to airlines operating at the Palm Beach International Airport (PBI), for payment of service fees in the amount of 7% of gross revenues derived from non-signatory airlines. Delegation of authority for execution of the standard form Permit above was approved by the Board in R2010-0708. Countywide (AH)

 

11.       Staff recommends motion to receive and file:  a License Agreement (Agreement) with The Morganti Group, Inc. (Morganti), providing for the use of office and storage space at the Palm Beach International Airport (PBI) associated with various projects at PBI, commencing October 1, 2019 and terminating on October 31, 2019, with automatic month-to-month renewals, without charge. SUMMARY: Morganti is a contractor for the County, responsible for various projects at PBI, and the office and storage space will be used for support of these projects.  The Agreement provides for automatic monthly renewals, provided no renewal shall extend beyond September 30, 2022. Delegation of authority for execution of the standard form Agreement was approved by the Board in R2007-2070. Countywide (AH)

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

12.       Staff recommends motion to receive and file: 

 

A) Signatory Airline Agreement with American Airlines, Inc., commencing October 1, 2019, and terminating September 30, 2024;

 

B) Signatory Airline Agreement with Bahamasair Holdings Limited, Inc., commencing October 1, 2019, and terminating September 30, 2024;

 

C) Signatory Airline Agreement with Delta Air Lines, Inc., commencing October 1, 2019, and terminating September 30, 2024;

 

D) Signatory Airline Agreement with JetBlue Airways Corporation, commencing October 1, 2019, and terminating September 30, 2024;

 

E) Signatory Airline Agreement with Southwest Airlines Co., commencing October 1, 2019, and terminating September 30, 2024; and

 

F) Signatory Airline Agreement with United Airlines, Inc., commencing October 1, 2019, and terminating September 30, 2024.

 

SUMMARY:  The Signatory Airline Agreements (Agreements) allow major air carriers to operate at the Palm Beach International Airport (PBI), and provide for the lease of ticket counter, holdroom and operations space at the PBI terminal building. The Agreements expire on September 30, 2024, and may be extended to September 30, 2026.  Delegation of authority for execution of these standard form Agreements was approved by the Board in R2019-1155. Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $30,000 for the full satisfaction of a code enforcement lien that was entered against Josefa Ramos & Francisco P. Ramos on August 5, 2009. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered orders on September 5, 2007 and October 1, 2008, for the property owned by Josefa Ramos & Francisco P. Ramos giving them until February 3, 2009 to bring their property located at 1430 N. Stacy Street, West Palm Beach into full code compliance. The property had been cited for: 1) converting a structure permitted as a single-family dwelling into a multi-family dwelling (i.e. triplex) without the proper permits and zoning approvals; 2) converting a structure permitted as a game room into a multi-family dwelling (i.e. duplex) without the proper permits and zoning approvals; and 3) converting a structure permitted as a working/storing room/dog house into a habitable accessory dwelling structure without the proper permits and zoning approvals. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Josefa Ramos and Francisco P. Ramos on August 5, 2009. The fine stopped on November 26, 2012 due to the change of ownership. The Code Enforcement Division issued an affidavit of compliance for the property on July 13, 2015 stating that the cited code violations had been fully corrected as of July 10, 2015. The total accrued lien amount through November 26, 2012, the date on which the Ramos’s lost the property to foreclosure, totaled $64,560.60. Mr. & Mrs. Ramos have agreed to pay Palm Beach County $30,000, (46%) for full settlement of their outstanding code enforcement lien. District 2 (SF)

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: annual contracts with the following contractors for Heating, Ventilation and Air Conditioning (HVAC) services on an as needed basis through January 6, 2025.

 

Contractor                                                                Status                SBE or Non-SBE

           

A) Air Mechanical & Service Corp.                       Non-Local                  Non-SBE

B) Commercial Cooling Concepts, Inc.                Local                          SBE

C) D.A.C. Air Conditioning Corp.                          Non-Local                 Non-SBE

D) E. C. Stokes Mechanical Contractor, Inc.       Local                          Non-SBE

E) Koldaire Inc.                                                         Non-Local                 Non-SBE

F) Quantum Mechanical, LLC                               Local                          SBE

G) Sailfish Mechanical LLC                                   Local                          Non-SBE

H) The Airtex Corporation                                      Local                          SBE

I)  Thermal Concepts, Inc.                                      Non-Local                 Non-SBE

           

SUMMARY: On January 7, 2020, the Board approved the annual HVAC contract. The work consists of HVAC services related to system and component installations, upgrades, replacements, modifications and repairs. These contractors now join the list of five already prequalified contractors for a total of 14 with a contract expiration date of January 6, 2025. 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 $5,000,000 across all prequalified contractors. 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 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 14 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. The HVAC annual contract was presented to the Goal Setting Committee on August 21, 2019 and the Committee established Affirmative Procurement Initiatives of sheltered market for projects under $100,000 (when at least three SBE are qualified under the annual contract) or a Small Business Enterprise contractor will be given a price preference if their bid is within 10% of the lowest non-small business bid. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be identified on each work order, and will be tracked cumulatively for each work order issued. Current cumulative S/M/WBE participation for all work orders to-date under the HVAC Annual is 81.38%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: continuing contracts with three firms to provide Asbestos and Industrial Hygiene Consulting services on an as needed basis through February 10, 2025.

 

Consultant                                                               Status                        SBE or Non-SBE

A) Gaudet Associates, Inc.                                    Local                          SBE

B) GFA International, Inc.                                       Local                          Non-SBE

C) Partner Engineering and Science, Inc.           Local                          Non-SBE

 

SUMMARY: The purpose of these continuing contracts is to pre-select consultants to perform asbestos and industrial hygiene consulting services for various capital improvement/renovation/maintenance projects countywide. The projects to be assigned will have a construction value less than $2,000,000 or study activity limited to $200,000. Consultant fees will be negotiated on an individual basis for the identified projects. These contracts will be for five years. This continuing contract was solicited pursuant to the requirements of the Equal Business Opportunity Ordinance. This continuing contract was presented to the Goal Setting Committee on August 7, 2019, and the Committee established an Affirmative Procurement Initiative of a Small Business Enterprise (SBE) evaluation preference for the selection of the consultants. The Committee did not establish a mandatory SBE subcontracting goal for this continuing contract since the only anticipated subcontracting opportunity is for laboratory testing services where there is currently no SBE availability. Gaudet Associates, Inc., which is an SBE, committed to an SBE participation goal of 100%, GFA International, Inc. did not commit to an SBE participation goal and Partner Assessment Corporation d/b/a Partner Engineering and Science, Inc. committed to an SBE participation goal of 15%. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be identified on each consultant services authorization (CSA), and will be tracked cumulatively over all CSA issued under the contract. (Capital Improvements Division) Countywide (LDC)

 

3.         Staff recommends motion to receive and file: Task Order No. 1 with Kast Construction Company LLC for pre-construction services for the Supervisor of Elections Production Facility in the amount of $5,075.64.  SUMMARY: On November 19, 2019, via Agenda Item 3H-3, the Board of County Commissioners (BCC) authorized the County Administrator or designee, which in this case shall be the Director of Facilities Development & Operations, to execute Task Order No. 1 in an amount not to exceed $200,000. Task Order No. 1 authorized Kast Construction Company LLC to complete preconstruction services, which includes constructability reviews and cost estimating services as part of the Comparative Study and project development phase. The task order was fully executed on behalf of the BCC by the Director of the Facilities Development and Operations Department. In accordance with the County Policy and Procedures Manual (PPM) CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The solicitation for a Construction Manager (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 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 partnered with All-Site Construction Inc., an MBE CM for services in an amount no less than 15% of the CM fee and overhead/profit earned by the CM. The CM has also engaged L.B. Limited & Associates Inc., a Minority Business Enterprise, for small business outreach and SBE management and compliance. There is no SBE participation included in Task Order No.1. The CM is on notice that the Guaranteed Maximum Price 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. The CM is a Palm Beach County Business. Funding for this project is from the Public Building Improvement Fund. (Capital Improvements Division) Countywide/District 7 (LDC)

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to receive and file: Amendment No. 1 to the continuing construction manager (CM) contract (R2018-1162) with All-Site Construction Inc., establishing a Guaranteed Maximum Price (GMP) for the Supervisor of Elections (SOE) Interior Renovations project, in the amount of $367,118.30 for a period of 45 days from notice to proceed. SUMMARY: On August 14, 2018, the Board approved the continuing CM contract with All-Site Construction Inc. to provide construction management services for capital projects under $2,000,000 associated with Palm Beach County’s Emergency Operations Center, Four Points Facility and SOE Facility. On November 5, 2019, via Agenda Item 4C-1, the Board of County Commissioners (BCC) authorized the County Administrator or designee, which in this case shall be the Director of Facilities Development & Operations, to execute Amendment No. 1 in an amount not to exceed $400,000. Amendment No. 1 authorized All-Site Construction Inc., to establish a GMP for modifications to the Supervisor of Elections Administration Facility located at 240 South Military Trail West Palm Beach. The work consists of the addition of new modular work stations, two offices, upgrading the entry door for compliance with the Americans with Disabilities Act, new electrical wiring for the work stations, and a new lobby service counter. The amendment was fully executed on behalf of the BCC by the Director of the Facilities Development and Operations Department effective as of November 5, 2019. In accordance with  the County Policy and Procedures Manual CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The CM was selected pursuant to the Small Business Enterprise (SBE) Ordinance but this GMP having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity Ordinance. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied. The CM is a minority business enterprise. SBE participation on this amendment is 74.07%. To date the CM has achieved 75.5% SBE participation. The CM is a local business. Funding for this project is from the Public Building Improvement Fund. (Capital Improvements Division) Countywide/ District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         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

One Call Florida, Inc.                      Local                                                  SBE

 

SUMMARY: On September 13, 2016, the Board approved the annual Low Voltage contract. The work consists of low voltage construction services associated with repairs, improvements and renovations to county properties on an as needed basis. The contractor now joins the list of 21 already prequalified contractors for a total of 22 with a contract expiration date of September 12, 2021. The specific requirements of the work shall be determined by individual work orders issued against this annual contract. This is a five year indefinite-quantity contract with a maximum cumulative value of $5,000,000 across all prequalified contractors. 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 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 22 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. The Low Voltage annual contract was presented to the Goal Setting Committee on January 2, 2019 and the committee established an Affirmative Procurement Initiative of price preference for Small Business Enterprise contractors if their bid is within 10% of the lowest non-small business bid. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be identified on each work order, and will be tracked cumulatively for each work order issued. Current cumulative S/M/WBE participation for all work orders to-date under the Low Voltage Annual is 51.62%. (Capital Improvements) Countywide (LDC)  

 

6.         Staff recommends motion to receive and file: a Standard Equipment Use Agreement with Ric L. Bradshaw, Sheriff of Palm Beach County, Florida for a period of January 16, 2020 through January 21, 2020, for the use of five light towers for a 5k in the Village of Royal Palm Beach. SUMMARY:  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. This standard agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee. The Equipment Use Agreement was approved by the Board on October 1, 2013, Agenda 3H-2. This executed document is now being submitted to the Board to receive and file. (FDO Admin) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to receive and file:

 

A) a Standard License Agreement for Use of County-Owned Property for a period of November 30, 2019 through January 10, 2020 with Friends of the Mounts Botanical Garden, Inc., for the Gardens of light event  (Mounts Botanical Gardens);

 

B) a Standard License Agreement for Use of County-Owned Property for a period of January 9 to April 15, 2020 with United Way of Palm Beach County, Inc., for tax preparation services, (West County Senior Center and Jupiter Community Action Program Office); and

 

C) a Standard License Agreement for Use of County-Owned Property for a period of February 24, 2020 through February 24, 2021 with Gloria Raya for Tai-Chi and Yoga classes (Mid-County Senior Center).

 

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

 

8.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with Miami-Dade County (Miami-Dade), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to Miami-Dade retroactively from April 1, 2019 through March 31, 2024.  SUMMARY:  This Agreement provides the terms and conditions under which Miami-Dade can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement is intended to replace the Interlocal Agreement (R2014-0426) between County and Miami-Dade, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies.  The County’s System will not be utilized for routine operational communications by Miami-Dade. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement.  Miami-Dade is required to pay all costs associated with Miami-Dade’s subscriber units and to comply with the established operating procedures for the County’s System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to:

 

A) authorize the Clerk and Comptroller to assign a unique resolution number to the construction management (CM) contract with Kast Construction Company LLC (Kast) dated 11/15/16 recognizing the contract as “Board Approved” for implementation of all future authorizations as the total contract value will exceed $200,000; and

 

B) approve Amendment No. 1 to the contract with Kast, in the amount of $10,830,487 for the Palm Beach Sheriff Office (PBSO) Headquarters (HQ) Exterior Hardening project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 276 days from notice to proceed.

 

SUMMARY: In 2014, Wantman Group, Inc. completed a structural assessment of the PBSO HQ Building. The assessment determined that the existing exterior walls, which were constructed of an exterior insulation finish system, did not provide adequate protection against hurricane force winds and needed to be hurricane hardened. The assessment additionally noted that the existing hurricane shutters should be removed and the existing doors and windows should be replaced with new windows and doors meeting hurricane code requirements. Amendment No. 1 represents the first phase of construction for the PBSO HQ Renovation project involving exterior hardening. Amendment No. 1 consists of hardening of the existing exterior wall and window systems including new wall cladding to be installed for hurricane protection, adding new reinforced concrete exterior walls and replacement of the existing roofing system, which is at its end of life. Under the Facilities Development & Operations Director’s authority to execute contracts, which do not exceed $200,000, on November 15, 2016, the Director approved the CM contract with Kast for construction management services for the PBSO Headquarters Renovation multiphase project. Since that time, two task orders for pre-construction services have been authorized in the total amount of $165,432. This contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity (EBO) ordinance. The Construction Manager is not an SBE, but has partnered with All-Site Construction Inc., an SBE CM. On May 1, 2019, prior to subcontractor advertisement and bidding, the Goal Setting Committee applied an Affirmative Procurement Initiative to the construction subcontracts of 25% SBE participation, of which 10% must be a Minority Business Enterprise (MBE) African American or Hispanic. On December 6, 2019, the Office of Equal Business Opportunity authorized a partial waiver based on the CM’s good faith efforts adjusting the requirement of 10% MBE participation (African American or Hispanic) to reflect a reduced MBE subcontracting goal of 5.6% African American or Hispanic. SBE participation on this amendment is 42.75% of which 5.6% is MBE participation African American or Hispanic. To date the Construction Manager has achieved 42.37% SBE subcontracting participation overall. The Construction Manager is a Palm Beach County business.  The funding source for this project is from the Infrastructure Sales Tax Fund. (Capital Improvements Division) Countywide/District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

10.       Staff recommends motion to approve: Amendment No. 4 to the contract with Lebolo Construction Management, Inc. (R2018-1161) in the amount of $650,000 for the Pahokee Gymnasium Renovation establishing a Guaranteed Maximum Price (GMP) for construction management services for a period of 120 calendar days from the notice to proceed. SUMMARY: Amendment No. 4 authorizes construction management services for the renovation of the Pahokee Gymnasium, located at 360 East Main Street. The proposed gymnasium is located in an underserved area of Pahokee. The renovation of the gymnasium, which was the old Pahokee High School Gymnasium, will allow the City to provide an indoor recreational venue benefiting the residents of Pahokee. On May 7, 2019, the BCC approved a budget transfer of $750,855 in the Housing and Community Development Fund and a budget amendment of $750,855 in the Public Building Fund to recognize the transfer (Agenda Item 3I-5). A Memorandum of Understanding has been entered into between the Department of Housing and Economic Sustainability and Facilities Development and Operations Department in order to complete the project. Amendment No. 4 authorizes construction management services for the interior modifications at Pahokee Gymnasium. Funding for this project has been provided by DHES under a grant to the County through the Community Development Block Grant (CDBG) Program from the U.S. Department of Housing and Urban Development (HUD). The work was competitively solicited by Lebolo Construction Management, Inc. utilizing the federal requirements provided by DHES. Under the federal requirements, this project has a 22.4% minority and 6.9% female participation goal established. After good faith efforts, Lebolo Construction Management, Inc. minority participation for this amendment is a total of 10%, including 3% female participation. Under the federal requirements, the goals are not mandatory providing the contractor executed good faith efforts. Lebolo Construction Management, Inc. is a Palm Beach County business with their main office located in Boynton Beach. These are CDBG grant funds, which require no local match. (Capital Improvements Division) District 6 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

11.       Staff recommends motion to approve:

 

A) a Deductive Change Order No. 5 to Amendment No. 2 to the contract with The Morganti Group, Inc. (R2017-0419) for ($1,683,000);

 

B) a Termination Agreement for Amendment No. 2 terminating remaining scope of ($274,215); and 

 

C) Change Order No. 6 to Amendment No. 1 to the contract with The Morganti Group, Inc. (R2017-0419) in the amount of $1,408,785 for the Palm Tran South Expansion project establishing an increase to the Guaranteed Maximum Price (GMP) for construction management services for a period of 618 days from notice to proceed unless amended by change order.

 

SUMMARY: On April 4, 2017, the County and the Construction Manager entered into contract R2017-0419 for construction management at risk services (the Contract) for the Palm Tran South Expansion Project No. 13202 (the Project), which the Contract is still in full force and effect as supplemented and amended. On March 12, 2019, the County and the Construction Manager entered into Amendment No. 1 in the amount of $22,527,000 using federal funds for the expansion and renovation of the Palm Tran South Facility which includes the addition of approximately 28,000 sq. ft. of building space consisting of offices, locker rooms, training center for bus operators, ancillary support space, a new 135 vehicle parking lot for employees, and a new bus lift at the existing maintenance building. Also, on March 12, 2019, the County and the Construction Manager entered into Amendment No. 2 to the Contract in the amount of $1,683,000 using ad valorem funds for work associated with the installation of Closed-Circuit Television, Access Control, Fire Alarm, Audio/Video System, Intercom System, Tele-Data and Cable Television systems for the Project. At the time of Amendment No. 2, the County thought that many of these systems would not qualify for federal funding due to concerns about Buy America requirements. However, the County has since learned that much of the work under Amendment No. 2 does qualify for federal funding and can comply with Buy America. Accordingly, Change Order No. 5 deducts from Amendment No. 2 the scope of work associated with those systems that qualify for federal funding. Since the County does not intend to complete the work remaining under Amendment No. 2, approval of the Termination agreement will allow the County to terminate for convenience Amendment No. 2 and release all obligations, claims, and demands whatsoever, arising either in law or equity. As a result of the deductive Change Order No. 5 and the termination agreement for Amendment 2, $1,683,000 in ad valorem funds will be unencumbered. The scope of work deleted from Amendment No. 2, is to be added to Amendment No. 1 by means of Change Order No. 6 adding federal funds for this work. Approval of Change Order No. 6 will increase the contract amount of Amendment No. 1 by $1,408,785 to a new GMP amount of $23,935,785 and the entire project will now be federally funded. (Capital Improvements Division) District 7 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount of $314,446 to HTG Banyan, LLC (HTG Banyan) for the Flagler Station project;

 

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

 

C) approve a budget transfer of $275,326 in Impact Fee Assistance Program – Roads Zone 2 to appropriate funds for HTG Banyan;

 

D) approve a budget transfer of $25,160 in Impact Fee Assistance Program – Parks Zone 2 to appropriate funds for HTG Banyan; and

 

E) approve a budget transfer of $13,960 in Impact Fee Assistance Program – Public Building to appropriate funds for HTG Banyan.

 

SUMMARY: On April 1, 2019, the Department of Housing and Economic Sustainability issued a Notice of Funding Availability (NOFA) making $1,822,458 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2018 funding cycle.  HTG Banyan submitted an application in response to the NOFA published on April 15, 2019.  Staff recommends that up to $314,446 in impact fee assistance be provided to the Flagler Station project (Project). HTG Banyan will be given assistance for Roads Zone 2 Impact Fees ($275,326), Parks Zone 2 Impact Fees ($25,160) and Public Building Impact Fees ($13,960) for the construction of the Project.  HTG Banyan will pay impact fees above the allocated $314,446. The Project entails construction of a 94 multifamily unit apartment building located at Banyan Blvd. and North Tamarind Avenue in West Palm Beach.  According to IFAHAP requirements, all units will be for rent to persons with incomes no greater than 140% of Area Median Income.  The assisted units will be restricted to remain affordable for 20 years. These funds are from interest earned by the Impact Fee Fund. District 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount of $12,017 to Moore Florida Property Investment, LLC (Moore Florida) for the Moore Memory Care project;

 

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

 

C) approve a budget transfer of $7,392 in Impact Fee Assistance Program – Roads Zone 3 to appropriate funds for Moore Florida;

 

D) approve a budget transfer of $3,825 in Impact Fee Assistance Program – Parks Zone 1 to appropriate funds for Moore Florida; and

 

E) approve a budget transfer of $800 in Impact Fee Assistance Program – Public Building to appropriate funds for Moore Florida.

 

SUMMARY: On April 1, 2019, Housing and Economic Sustainability issued a Notice of Funding Availability (NOFA) making $1,822,458 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2018 funding cycle. On April 15, 2019, Moore Florida submitted an application in response to the NOFA. Staff recommends that up to $12,017 in impact fee assistance be provided to the Moore Memory Care project (Project). Moore Florida will be given assistance for Roads Zone 3 Impact Fees ($7,392), Parks Zone 1 Impact Fees ($3,825) and Public Building Impact Fees ($800) for the construction of the Project. Moore Florida will pay impact fees above the allocated $12,017.  The Project entails construction of a 14 bed memory care group home for seniors 65+ diagnosed with Alzheimer’s or dementia located at Northlake Boulevard between Grapeview Boulevard and Hall Boulevard in West Palm Beach.  According to IFAHAP requirements, all occupants will have incomes no greater than 140% of Area Median Income. The assisted property will be restricted to remain affordable for 20 years. These funds are from interest earned by the Impact Fee Fund. District 6 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) an agreement to terminate the Economic Development Incentive Agreement with Granite Telecommunications, LLC (Company);

 

B) a budget transfer of $25,000 from the Economic Development Fund to the General Fund; and

 

C) a budget amendment of $25,000 in the General Fund to recognize the transfer from the Economic Development Fund to the General Fund.

 

SUMMARY: On July 12, 2016, the Board of County Commissioners’ (BCC) conceptually approved an Economic Development Incentive for the Company totaling $25,000 (R2016-0939) to serve as a portion of a local match requirement to the State of Florida Department of Economic Opportunity Qualified Target Industry (QTI) tax refund program. On December 20, 2016, the BCC approved an Economic Development Incentive Agreement (R2016-1920) to provide up to $25,000 in the form of a cash grant over a five year period. The Company was required to: invest $600,000 to expand, build-out, and renovate its existing building to serve as a regional headquarters; retain 60 full time jobs for a five year period; and create 50 new full time jobs over a five year period at an average annual wage of $50,675 and a median wage of $60,000. On December 24, 2018, the Company requested to withdraw from the State QTI tax refund program. After the Company’s request was approved by the State, it requested to withdraw from its Economic Development Incentive Agreement with the County.  No incentive funds provided in the agreement have been disbursed to the Company. The $25,000 cash grant funded by the general fund contingency reserve is being returned to the general fund. District 7 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to:

 

A) approve an Impact Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount of $13,658 to Moore Florida Property Investment, LLC (Moore Florida) for the Moore Apartments project;

 

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

 

C) approve a budget transfer of $11,716 in Impact Fee Assistance Program – Roads Zone 1 to appropriate funds for Moore Florida;

 

D) approve a budget transfer of $1,163 in Impact Fee Assistance Program – Parks Zone 1 to appropriate funds for Moore Florida; and

 

E) approve a budget transfer of $779 in Impact Fee Assistance Program – Public Building to appropriate funds for Moore Florida.

 

SUMMARY: On April 1, 2019, Housing and Economic Sustainability issued a Notice of Funding Availability (NOFA) making $1,822,458 in IFAHAP funding available from Palm Beach County’s Fiscal Year 2018 funding cycle. On April 15, 2019, Moore Florida submitted an application in response to the NOFA. Staff recommends that up to $13,658 in impact fee assistance be provided to the Moore Apartments project (Project). Moore Florida will be given assistance for Roads Zone 1 Impact Fees ($11,716), Parks Zone 1 Impact Fees ($1,163) and Public Building Impact Fees ($779) for the construction of the Project. Moore Florida will pay impact fees above the allocated $13,658.  The Project entails construction of two buildings with two 4-bedroom units each for rent to large families.  The Project is located on the north side of West 30th Street in Riviera Beach.  According to IFAHAP requirements, all units will be for rent to persons with incomes no greater than 140% of Area Median Income.  The assisted units will be restricted to remain affordable for 20 years.  These funds are from interest earned by the Impact Fee Fund. District 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to receive and file: the following four amendments for projects funded under the Community Development Block Grant (CDBG) Program:

 

A) Amendment 001 with the City of Belle Glade;

B) Amendment 001 with the City of Pahokee;

C) Amendment 002 with the Town of Lantana; and

D) Amendment 002 with the City of Riviera Beach;

 

SUMMARY: The aforementioned documents have been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Items 5A-3 and 5C-5 as approved by the BCC on July 2, 2019 and July 10, 2018, respectively. Amendment 001 to the Agreement (R2019-1531) with the City of Belle Glade reallocates $11,495 in the City’s unused CDBG funding for their code enforcement program from the surplus in Fiscal Year 2017-2018 and provides for additional eligible expense categories to accommodate reimbursement of code officers’ salaries and benefits, vehicle lease payments and I-PAD/internet access.  Amendment 001 to the Agreement (R2019-1532) with the City of Pahokee replaces the Code Compliance Clerk III position with a Code Compliance Officer and revises language related to the City’s designation of their Target Area.  Amendment 002 to the Agreement (R2018-1999) with the Town of Lantana extends the project completion date and modifies the Performance Requirements for improvements along North 7th Street. Amendment 002 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. 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 3, 6 & 7 (HJF)

 

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: the reappointment of one member to the Building Code Advisory Board (BCAB).

 

Reappoint                    Seat     Requirement                Nominated By                          Term

Shane Kittendorf           3          Building Official             Building Officials           03/10/20 – 01/14/23

                                                                                    Association of 

                                                                                    Palm Beach County

                                                                                                                                                               

SUMMARY: The BCAB was established by a Special Act of the Florida Legislature in 1974, and amended in 2017. The term of office for Board members is three years with no limit to the number of terms a member may serve. The Board is comprised of 16 members: one registered architect appointed from nominees submitted by the Palm Beach Chapter of the American Institute of Architects; one professional engineer appointed from nominees submitted by the Palm Beach Chapter of the Florida Engineering Society; seven members appointed from nominees submitted by any recognized regional industry trade association; and seven Building Officials, one from each commission district, appointed from nominees submitted by the Building Officials Association of Palm Beach County (BOAPBC). The BOAPBC has nominated Shane Kittendorf to be reappointed as Building Official for District 3.  This Advisory Board has 16 seats, 16 currently filled and 0 vacancies, and a diversity count of Caucasian: 14 (80%), African-American: 1 (10%) and Asian-American: 1 (10%). The gender ratio (male: female) is 15:1. The nominee is a Caucasian male. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Board’s diversity. Countywide (CK)

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 1 to the Consulting/Professional Services for Emergency and Disaster Mitigation and Recovery Contract (Contract) with Calvin Giordano & Associates, Inc., (Consultant), for the Southern Region Water Reclamation Facility (SRWRF) Hurricane Hardening Evaluation (Project) for a not to exceed amount of $195,555. SUMMARY: On June 20, 2017, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2017-0821) with the Consultant. CSA No. 1 provides for professional engineering services related to the evaluation of five critical buildings at SRWRF to determine their compliance with the most recent edition of the Florida Building Code with respect to wind loading criteria. If deficiencies are found, the Consultant will also make recommendations for improvements to address these deficiencies and prepare a cost estimate for budget planning purposes. The Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 SBE Ordinance was 15% overall participation.  The Contract provides for 41% SBE participation. CSA No. 1 includes 84.09% SBE participation all of which is MBE (O) participation. The cumulative SBE and M/WBE participation is 84.09%. Consultant is headquartered in Fort Lauderdale, Florida, but maintains an office in Palm Beach County from which the majority of the work will be undertaken.  The Project is included in the WUD FY20 budget. (WUD Project No. 19-088) District 5 (MJ)

 

2.         Staff recommends motion to approve: Work Authorization (WA) No. 6 to the Contract for Optimization and Improvements Design-Build (Contract) with Globaltech, Inc., (Globaltech) for the Water Treatment Plant (WTP) No. 8 Ammonia and Ferric Chloride Systems Improvements (Project) in the amount of $1,984,968.82. SUMMARY: On January 15, 2019, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2019-0099) with Globaltech.  WA No. 6 provides for the design and construction of improvements to the existing ammonia and ferric chloride systems at WTP No. 8. 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 58% SBE participation which includes 12% M/WBE participation, 10% MBE (H), 1% MBE (B) and 1% MBE (O).  WA No. 6 includes 96.83% SBE, 7.73% MBE (H), and 0.28% MBE (B) participation. The cumulative SBE and M/WBE participation including WA No. 6 is 98.79% SBE, 8.05% MBE (H), 0.33% MBE (B) and 0.9% MBE (O). Globaltech is a Palm Beach County company. The Project is included in the WUD FY20 budget. (WUD Project No. 19-087) District 2 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) a contract with D.B.E. Management, Inc., d/b/a DBE Utility Services (DBE) for the Water Main Replacement at Belvedere Road and Florida's Turnpike (Project) in the amount of $1,435,016.44; and

 

B) Amendment No. 1 to the Consulting/Professional Services for the CD03 Water Distribution System Improvements Contract with Keshavarz and Associates, Inc. (Consultant) for a not to exceed amount of $148,135.40.

 

SUMMARY: On September 25, 2019, the Water Utilities Department (WUD) received five bids for the Project. The Project includes a horizontal directional drill under the Florida’s Turnpike to replace an aging and failing 16-inch water main on the north side of Belvedere Road. DBE was the lowest responsive and responsible bidder in the amount of $1,435,016.44. The Project provides for the extension of a new 16-inch potable water main on the south side of Belvedere Road between Skees Road and North Cleary Road. The Project was presented to the Goal Setting Committee on August 7, 2019, and a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal was the Affirmative Procurement Initiative (API) applied to this Project. DBE has met the established API for this Project. The contract with DBE provides for 50.3081% SBE participation. DBE is a Palm Beach County Company. On September 13, 2016, the Board of County Commissioners approved the WUD Contract (R2016-1170) with Consultant to provide Consulting/Professional Services for the CD03 Water Distribution System Improvements. Amendment No. 1 to the contract with Consultant provides for construction phase services for the Project. The contract with Consultant was procured under the requirements of the 2002 SBE Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established by the 2002 SBE Ordinance was 15% overall participation. The contract with Consultant provides for 100% SBE participation. Amendment No. 1 includes 100% SBE participation. The cumulative SBE participation including Amendment No.1 is 100%.  Consultant is a Palm Beach County company. The Project is included in the WUD FY20 Budget. (WUD Project No. 15-102) District 2 (MJ)

 

4.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 10 to the General Utility, Architectural, and Value Engineering Services Contract (Contract) with Baxter & Woodman, Inc. (Consultant) for the Repump Station No. 8310 Upgrades and Improvements (Project) for a fixed price of $170,472.92. SUMMARY:  On June 20, 2017, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2017-0815) with Consultant. CSA No. 10 provides for professional engineering services for design and permitting of the Project. These services include data collection, construction plans, technical specifications, permitting, and bid support services for the new in-line booster pumps, variable frequency drives, accommodations for emergency power, bridge crane hoist, concrete slab, control panel, and light poles at Repump Station No. 8310. 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 SBE Ordinance was 15% overall participation. The Contract provides for 26% SBE participation. CSA No. 10 includes 32.31% SBE participation. The cumulative SBE participation is 29.96%. Consultant is headquartered in Crystal Lake, Illinois, but maintains an office in Palm Beach County from which the majority of the work will be undertaken.  The Project is included in the WUD FY20 Budget. (WUD Project No. 18-064) District 6 (MJ)

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

5.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 20 to the Consulting/Professional Services for the Utility Distribution & Collection System Engineering Services Contract (Contract) with Mock, Roos & Associates, Inc. (Consultant) for the Improvements to Lift Stations (LS) Nos. 1043, 1045, 5015, and 5209 (Project) for a fixed price amount of $164,415.66. SUMMARY: On June 20, 2017, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2017-0818) with Consultant. CSA No. 20 provides for professional engineering services relating to design and permitting of the Project.  These services include data collection, survey, construction plans, technical specifications, permitting, and bid support services.  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 by the 2002 SBE Ordinance was 15% overall participation. The Contract provides for 97% SBE participation. CSA No. 20 includes 94.10% SBE participation. The cumulative SBE participation is 81.72%. Consultant is a Palm Beach County company. The Project is included in the WUD FY20 Budget (WUD Project No. 20-008) Districts 2 & 5 (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve a contract for Consulting/Professional Services (Contract) with Loggerhead MarineLife Center, Inc. (LMC) for an amount not to exceed $40,640, to provide 2020 sea turtle nesting data to Palm Beach County (PBC) for ongoing research related to regulatory decisions that affect beach nourishment projects, beginning upon PBC’s written notice to proceed and expiring December 31, 2020; and

 

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

 

SUMMARY: Environmental permits issued by state and federal regulatory agencies require extensive data and monitoring activities to assess the impact of beach nourishment on sea turtles. This data is collected during either permit required monitoring or pre-project research and is used within the regulatory permit application reviews for project design and permit conditions. LMC, a private non-profit corporation, will provide non-permit required nesting data collected on Juno Beach in 2020, to allow PBC Environmental Resources Management to answer questions addressed in the recent permitting process for the North County Comprehensive Shoreline Protection Project. Data collected will also support ongoing sea turtle nesting research for PBC by Florida Atlantic University (R2019-0450). This Contract is for data access purposes only. Work will be funded by beach management funds. District 1 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to accept: a Statutory Warranty Deed for the donation of a parcel of vacant land containing approximately 0.17 acres, located south of Donald Ross Road and west of U.S Highway 1, from Robin S. Alden, provided that Palm Beach County (County) pays the 2019 and prorated 2020 property taxes estimated to be less than $400, and title insurance, miscellaneous closing and recording costs estimated to be $500. SUMMARY: The subject parcel is located adjacent to Juno Dunes Natural Area.  The parcel owner has offered to donate the parcel to the County for environmental and passive recreational uses.  In exchange, the County will pay the 2019 property taxes which are currently due ($289.19), prorated 2020 property taxes (estimated to be less than $110), and title insurance, miscellaneous closing and recording costs.  In 2019, the Property Appraisers Office listed the assessed value of the parcel as $14,560. Under the Palm Beach County Property Acquisition, Disposition and Leasing Ordinance, 2019-038 (PREM Ordinance), an appraisal is not required since the cost to acquire the property is less than $25,000. A title policy will be obtained for the parcel and a pre-acquisition environmental assessment will be performed by the Department of Environmental Resources Management (ERM).  A boundary survey will not be obtained due to the extremely dense vegetation and low value of the land.  ERM will be responsible for the administration of the property.  All costs related to the property taxes, title insurance, miscellaneous closing and recording will be paid from the Natural Areas Fund. This donation must be approved by a supermajority vote (five Commissioners). District 1 (HF)

 

3.         Staff recommends motion to:

 

A) approve a contract with the Lake Worth Lagoon Environmental Defense Fund, Inc. D/B/A LagoonKeepers.org to provide Marine Debris and Derelict Vessel Removal Services (Contract) for $150,000, beginning April 2, 2020 and ending April 2, 2023;

 

B) adopt a resolution authorizing the Clerk of the Court to disburse $150,000 from the Pollution Recovery Trust Fund to cover costs associated with the Contract;

 

C) approve a budget transfer of $150,000 from Pollution Recovery Trust Fund Reserves to fund the Contract; and

 

D) 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 substantially change the scope of work, terms, or conditions of the Contract.

 

SUMMARY: LagoonKeepers.org, a Florida not-for-profit corporation will provide derelict vessel removal services within County waters, and marine debris removal in wetland restoration projects located within the Lake Worth Lagoon, namely: Osprey Park, Currie Park, South Cove, Snook Islands, Grassy Flats, Ibis Isles, Bryant Park, Jewell Cove, and Tarpon Cove. Countywide (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following two executed Amphitheater Rental Agreements:

 

A) Hadar South Florida High School for Girls, Inc. for the Fired Up Florida event at Sunset Cove Amphitheater, for the period December 31, 2019 through January 2, 2020; and

 

B) Billy Graham Evangelistic Association, Inc. for the 2020 Decision America Tour at Sunset Cove Amphitheater, for the period January 17, 2020 through January 18, 2020.

 

SUMMARY: These Amphitheater Rental Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166. 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. District 5 (AH)

 

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

 

A) Blackwood Productions, LLC in an amount not to exceed $975 for the Fired Up Florida Event at Sunset Cove Amphitheater, on January 1, 2020; and

 

B) Blackwood Productions, LLC in an amount not to exceed $650 for the 2020 Decision America Tour at Sunset Cove Amphitheater, on January 18, 2020.

 

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

 

3.         Staff recommends motion to receive and file: the following two executed Entertainment Contractor Agreements:

 

A) Richard Smith in an amount not to exceed $500 for the Big City Dogs event at Canyon Amphitheater, on December 21, 2019; and

 

B) Jeff Grainger in an amount not to exceed $500 for the Jeff Grainger Concert at Canyon Amphitheater, on January 4, 2020.

 

SUMMARY: The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  A sponsorship in the amount of $1,267 from Nostalgic America (R2019-0335) offset the expenses of the events at the Canyon Amphitheater. These Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644, 2014-0168 and 2017-1367. The Department is now submitting these agreements in accordance with County PPM CW‑O‑051, which requires all delegated agreements to be submitted by the initiating Department to the BCC as a receive and file agenda item. District 5 (AH)

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

                                           

4.         Staff recommends motion to approve: a budget transfer of $1,110,000 within Park Impact Fee Zone 2 from Reserves to the John Prince Park Campground Phase III project. SUMMARY:  This budget transfer will provide additional funding necessary for the John Prince Park Campground Phase III project. Project elements include construction of a new bathhouse; installation of new water mains, sanitary sewer lines and a lift station; and installation of upgraded electrical service to 105 campsites.  Funding for this budget transfer will be reallocated from several Zone 2 Impact Fee projects that are no longer considered necessary at this time due to programmatic and/or funding changes.  The projects are as follows: FY 2012 Calypso Bay Waterpark Expansion ($200,000), FY 2014 Park Ridge Golf Course Event Pavilion ($100,000), FY 2015 John Prince Park Special Events Area ($250,000) and FY 2018 John Prince Park Improvements Phase IV ($560,000). Districts 3 & 6 (AH)

 

5.         Staff recommends motion to approve:  a budget transfer of $50,000 within Zone 2 Impact Fee Reserves to the Lantana District Park “I” Design and Development project. SUMMARY:  Funds will be used to assist the Facilities, Development and Operations Department with costs associated with converting the current Agriculture Residential (AR) and Residential Estate (RE) zoning for the entire Lantana District Park “I” property to Public Ownership (PO), allow for the abandonment of Woodwind Drive and 95th Avenue South, and convert the Land Use of the property from Low Residential 2 (LR-2) to PARK.  This expenditure will provide the Department the necessary entitlements needed to develop Lantana District Park “I” in the future. Funding for this budget transfer is from Zone 2 Impact Fee Reserves. District 3 (AH)

 

 

N.        LIBRARY 

 

1.         Staff recommends motion to:

 

A) approve submittal of an application to the Florida Department of State, Division of Library and Information Services, for a Library Services and Technology Act Grant for an estimated amount of $67,000 and matching funds of $22,500 to purchase assistive listening technology; and

 

B) authorize the County Administrator or designee to submit the grant application electronically to the Florida Department of State, Division of Library and Information Services

 

SUMMARY:  The Palm Beach County Library System is planning to use the grant funds to purchase for each branch location FM/Wi-Fi assistive listening technology and equipment.  Many Palm Beach County Library System locations were outfitted with FM assistive listening systems when buildings were built and/or renovated before 2015. These systems are moving towards end of life. In addition to traditional FM assistive listening systems, Wi-Fi assistive technology allows visitors to use their own mobile devices to access audio performances. An updated assistive listening system will enable the Palm Beach County Library System to better serve the public.  Staff time spent working on this project will be used towards the calculation of local matching funds required by the grant. If the grant is awarded, the Library Department will return to the Board of County Commissioners to present an agreement with The Florida Department of State, Division of Library and Information Services laying out all of the terms and conditions. Countywide (AH)

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

N.        LIBRARY (Cont’d)

 

2.         Staff recommends motion to:

 

A)  approve submittal of an application to the Florida Department of State, Division of Library and Information Services, for a Library Services and Technology Act Grant  for an estimated amount of $105,000 and matching funds of $67,000 to purchase equipment and software for digital signage; and

 

B) authorize the County Administrator or designee to submit the grant application electronically to the Florida Department of State, Division of Library and Information Services

 

SUMMARY:  The Palm Beach County Library System is planning to use the grant funds towards the purchase and installation of digital signage at all 17 library branch locations. The digital displays would replace most posters and flyers, allowing for saving in print costs. Digital signage would be controlled centrally to allow easy updates and quick communication of time-sensitive messages. The grant funds would cover screens, media devices, software, and installation.  The library hosts over 400 activities and events each month, so the timely distribution of information is important to alert the public. Staff time spent working on this project will be used towards the calculation of local matching funds required by the grant. If the grant is awarded, the Library Department will return to the Board of County Commissioners to present an agreement with The Florida Department of State, Division of Library and Information Services laying out all of the terms and conditions. Countywide (AH)

 

3.         Staff recommends motion to approve: a budget amendment for $68,387 grant award; which includes a transfer to satisfy match requirements. SUMMARY:  The Library Services and Technology Act Grant was approved by the Board of County Commissioners and the agreement with The State of Florida, Department of State, Division of Library and Information Services was fully executed on January 14, 2020. As per agenda item #3N1 from 1/7/2020, and following approvals, we are submitting a budget transfer and budget amendment to establish the budget for County Library Services and Technology. Countywide (AH)

 

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve:  a grant agreement with the Western Palm Beach County Farm Bureau, Inc. in an amount not to exceed $25,000 from Agricultural Economic Development Program funds to assist in conducting the 2020 Palm Beach County Sweet Corn Fiesta. SUMMARY:  The 2020 Palm Beach County Sweet Corn Fiesta will be held on April 26, 2020, with expenses incurred after April 1, 2020 being eligible for reimbursement. This event will increase public awareness of local agriculture on a regional and statewide basis.  It provides an opportunity for a local agricultural organization, the Western Palm Beach County Farm Bureau, to stage an event that will make our residents more aware of the economic significance of our largest vegetable row crop in our County’s billion-dollar agricultural industry while bringing in people from surrounding counties.  This is the 20th year for the event.  The Palm Beach County Agricultural Enhancement Council has reviewed the request and met with representatives of the Western Palm Beach County Farm Bureau. Countywide (AH)

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) receive and file grant award 2019-DJ-BX-0889 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Formula Federal FY19 (County FY20) Direct Grant (JAGD) in the amount of $141,531 beginning October 1, 2018 through September 30, 2022 with $137,285 going to the Palm Beach County Reentry Program and $4,246 going to the Palm Beach County Sheriff’s Office (PBSO) to become NIBRS (National Incident-Based Reporting System) compliant pursuant to a special condition of this grant;

 

B) approve a downward budget amendment of $4,975 in the Criminal Justice Grant fund to adjust the budget to reflect the actual grant award and to reduce funding to the Justice Services Grant Fund and establish funding to PBSO;

 

C) approve a budget amendment of $9,221 in the Justice Services Grant Fund to reduce the transfer from the Criminal Justice Grant Fund and reduce the appropriation budget; and

 

D) approve a budget amendment of $4,246 in the Sheriff’s Grant Fund. 

 

SUMMARY: Palm Beach County was allocated $141,531 in Federal FY19 (County FY20) funds as part of the JAG Direct Program (CFDA#16.738) for expenditure during the period October 1, 2018 through September 30, 2022. The Criminal Justice Commission (CJC) approved recommendations made by the CJC’s Finance Committee to allocate these funds to the existing Palm Beach County Reentry Program. This award will provide $137,285 continuation funding to the Reentry Program. The program provides transitional services to juveniles and adults reentering society from jail and prison. Pursuant to a special condition of this grant, $4,246 will be transferred to PBSO to become NIBRS compliant. In 2016, the FBI formally announced its intention to sunset the Uniform Crime Reporting (UCR) Program’s traditional Summary Reporting System (SRS) and replace it with the UCR Program’s NIBRS by January 1, 2021. The FBI intends for NIBRS to be the law enforcement crime data reporting standard for the nation. Currently all municipalities and PBSO report crime under the FBI’s UCR Program to the Florida Department of Law Enforcement (FDLE) which is designated by the FBI as Florida’s Statistical Analysis Center. FDLE is currently working on NIBRS compliance requirements to be promulgated to municipal police departments and sheriff’s offices in Florida. This award was executed on behalf of the Board by the Executive Director of the CJC, in accordance with R2019-1645. No local match is required for this grant. Countywide (LDC)

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: a budget transfer of $350,000 within the Fire Rescue Improvement Fund (3700) from Fire Rescue Capital Reserves to Station 22 Replacement to fund additional project costs to complete Fire Station 22, located at 16650 Town Center Parkway South, Westlake.  SUMMARY: On October 16, 2018, the Board approved a construction contract with Kast Construction Company LLC to build the new Fire Station 22. Due to unanticipated construction change orders, engineering/design changes, and updated building code requirements, this budget transfer is necessary to complete and close out this project. District 6 (SB)

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

2.         Staff recommends motion to adopt: a resolution authorizing the conveyance and transfer of title of an engine vehicle (Asset 10142433), a rescue vehicle (Asset 10156660), bunker coats (80),  bunker pants (80), boot sets (10), helmets (20), face shields (19), back boards (2), scoop stretchers (7), Tyvek suits (12), and generators (10) to 25 United, Inc., a Florida not for profit corporation, pursuant to Section 125.38, Florida Statutes, contingent upon receipt of $10 consideration and a duly executed Acceptance of Fire Rescue Vehicle(s) and/or Equipment form; providing for an effective date. SUMMARY: The Bahamas were struck by the devastating power of Hurricane Dorian over Labor Day weekend 2019.  25 United, Inc. is a Florida not for profit corporation committed to providing immediate relief to areas impacted by disasters, including Hurricane Dorian relief efforts in the Bahamas. Local fire departments in the Bahamas were completely destroyed and must rebuild their physical departments and workforces. To that end, the fire departments in the Bahamas are in great need of this donation of vehicles and equipment as it will aide in the purposes of training volunteer firefighters. Supporting Hurricane Dorian relief efforts in the Bahamas has been determined to be in the public interest of Palm Beach County. The donation of supplies and equipment to the most impacted areas of the Bahamas mitigates future service delivery and financial impacts to Palm Beach County including the Fire/Rescue MSTU. The assets being transferred are from Fire Rescue’s reserve fleet and inventory, are not needed for County purposes, and have a de minimis useful value to the Fire/Rescue MSTU. The total estimated value of these assets is $29,687. Countywide (SB)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2015-1402;

 

B) approve the replacement Interlocal Agreement providing updated contract terms for network services with Seacoast Utility Authority; 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:  Seacoast Utility Authority has an existing Interlocal Agreement with Palm Beach County (R2015-1402) for network services.  Staff 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 Seacoast Utility Authority. The Florida LambdaRail, LLC has approved the connection of Seacoast Utility Authority to the Florida LambdaRail network. District 1 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2016-1530 as amended by R2018-0933;

 

B) approve the replacement Interlocal Agreement providing updated contract terms for network services with Palm Beach State College; 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:  Palm Beach State College has an existing Interlocal Agreement with Palm Beach County (R2016-1530 as amended by R2018-0933) for network services.  Staff 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 Palm Beach State College. The Florida LambdaRail, LLC has approved the connection of Palm Beach State College to the Florida LambdaRail network. District 3 (DB)

 

3.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2018-1028 as amended by R2019-0345;

 

B) approve the replacement Interlocal Agreement for additional network services with the Town of Lake Park for annual revenue of $17,400;

 

C) approve a budget amendment of $164,320 in the General Fund to allocate funds and recognize revenue related to one-time installation costs; and

 

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

 

SUMMARY:  The Town of Lake Park has an existing Interlocal Agreement with Palm Beach County (R2018-1028 as amended by R2019-0345) for network services, and has requested services at two additional sites. Staff 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 which includes updated contract terms to provide network service to the Town of Lake Park, will generate $17,400 in annual revenue to the County and will fully reimburse the County for one-time installation costs estimated at $164,320. The Florida LambdaRail, LLC has approved the connection of the Town of Lake Park to the Florida LambdaRail network. District 7 (DB)

 

4.         Staff recommends motion to receive and file: a fully executed Software License and Professional Services Agreement R2019-0974 for application hosting services with the Government of the U.S. Virgin Islands. SUMMARY:  The County approved Software License and Professional Services Agreement R2019-0974 with the Government of the U.S. Virgin Islands on July 2, 2019 for the continued development, maintenance and hosting of the web-based Business License Application.  Due to contract formation principles under U.S. Virgin Islands’ law, this agreement was executed by the County first. Countywide (DB)

 

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: the second amendment to the contract with Peggy Adams Animal Rescue League of the Palm Beaches, Inc. (PAARL) (R2016-1726) for spaying/neutering at-risk dogs and cats to increase the not to exceed amount by $26,400 for a total not to exceed amount of $746,400 between October 1, 2016 through September 30, 2019. SUMMARY: On November 22, 2016, the County entered into a contract (R2016-1726), wherein PAARL agreed to provide spay/neuter services for at risk dogs and cats until September 30, 2019 for $600,000. The first amendment increased the contract amount to $720,000 to provide additional spay/neuter surgeries. This second amendment will increase the amount of the contract (R2016-1726) for a total not to exceed amount of $746,400.  Over the course of fiscal year 2019, there were several months the Division of Animal Care and Control (ACC) had to refer a higher number of animals to PAARL for spay/neuter, vaccination, microchips and TNVR services due to staff shortages and a higher number of community cat inquiries for surgery.  Therefore, it is necessary to increase the contract amount to compensate PAARL for the services provided. Spaying/neutering at risk animals is part of the overall Countdown to Zero program to reduce and/or eliminate unnecessary euthanasia. There was a delay in processing this amendment due to staff oversight.  Countywide (SF)

 

2.         Staff recommends motion to receive and file: the first amendment to contract for Consulting/Professional Services with the Battered Women’s Justice Project, Inc. (BWJP) (R2018-1650) modifying the payment schedule for years one and two for the period of October 1, 2018 through September 30, 2021. SUMMARY:  The Division of Victim Services was allocated $150,000 from the Criminal Justice Commission’s Domestic Violence Trust Fund to contract with the BWJP on a three-year training and best-practices evaluation of the County’s response to domestic violence that will be completed in ten phases.  Phases one through six were to be completed and paid for in year one. Phase six deliverables were not completed in year one due to unanticipated delays related to phase five. The parties agreed that phase six could be completed during year two of the project. Phase six activities include meeting with stakeholders to review and adjust project plan to meet community and agency needs and consider implementation of best practices for law enforcement responding to cases of domestic violence. R2018-1650 authorized the County Administrator or designee to execute future amendments and partner agreements associated with the current project on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (JW)

 

 

CC.     SHERIFF

 

1.         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 2019 Grant in the amount of $289,895 for the period of December 31, 2019, through the date all funds have been spent; and

 

B) approve a budget amendment of $289,895 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)

 

 

 

 

MARCH 10, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     INTERNAL AUDIT

 

1.         Staff recommends motion to approve:

 

A) a peer review engagement letter with the Association of Local Government Auditors (ALGA) for the triennial peer review of the County Internal Auditor’s Office in an amount not to exceed $10,000;

 

B) a waiver of certain elements of the County’s Contract Development Policy; and

 

C) delegation of authority to the County Internal Auditor to approve peer review engagement letters in substantially the same form with ALGA for future peer reviews in amount not to exceed $10,000 for each triennial review.

 

            SUMMARY: County Code Section 2-462(e) requires the County Internal Auditor to adhere to Generally Accepted Government Auditing Standards. Those standards require peer reviews at least every three years and, for audit organizations associated with ALGA such as our office, to have the peer review conducted by ALGA. ALGA has a standard form peer review engagement letter that does not conform to requirements of County’s Contract Development Policy, necessitating waiver from certain provisions of the policy. The cost for the peer review is limited to reimbursement of the members of the peer review team for their travel costs in an amount not to exceed $10,000. Countywide (DB)

 

 

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


MARCH 10, 2020

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.

 

A)        Proclamation declaring March 15-21, 2020 as National Surveyors Week in Palm Beach County (Sponsored by Commissioner Valeche)

 

B)        Proclamation declaring March 2020 as Women’s History Month in Palm Beach County (Sponsored by Commissioner McKinlay)

 

C)        Proclamation declaring March 2020 as Florida Bicycle Month in Palm Beach County (Sponsored by Commissioner Valeche)

 

D)        Proclamation declaring April 2020 as Sexual Assault Awareness Month in Palm Beach County (Sponsored by Commissioner McKinlay)

           

E)        Proclamation declaring April 2020 as The Lord’s Place SleepOut/SleepIn to End Homelessness Month in Palm Beach County (Sponsored by Commissioner Weiss)

 

F)        Proclamation declaring March 29, 2020 as National Vietnam War Veterans Day in Palm Beach County (Sponsored by Commissioner Berger)

 

G)        Proclamation declaring March 2020 as Palm Beach County Pride Month in Palm Beach County (Sponsored by Commissioner Weiss)

 

H)        Proclamation declaring March 23-31, 2020 as National Farmworker Awareness Week in Palm Beach County (Sponsored by Vice-Mayor Weinroth)

 

I)          Proclamation declaring March 16-20, 2020 as Government Finance Professionals Week in Palm Beach County (Sponsored by Mayor Kerner)

 

J)         Proclamation declaring March 18, 2020 as Transit Operator Appreciation Day in Palm Beach County (Sponsored by Vice-Mayor Weinroth)

 

            K)        Proclamation declaring March 10, 2020 as Palm Beach County Fire Rescue Advanced Life Support Team Day in Palm Beach County (Sponsored by Mayor Kerner)

 

            L)        ADD-ON: Proclamation recognizing the Royal Palm Beach Wildcats as Division Champions in the 2019 Pop Warner Superbowl (Sponsored by Commissioner Bernard)

 

 

 

 

 

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


MARCH 10, 2020

 

 

5.         REGULAR AGENDA

 

A.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff requests Board direction: update on proposed progress on the Proposed Environmental and Water General Obligation Bond Referendum. SUMMARY:  Staff will provide a progress update on the proposed environmental and water general obligation bond referendum, including further details on anticipated operations and maintenance costs, ideas for project prioritization, current and planned public outreach activities, and proposed changes to the original bond referendum language. Countywide (DB) 

 

 

B.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to:

 

A) adopt a resolution by the Board of County Commissioners of Palm Beach County, Florida, recommending approval of Project Button, a company authorized to do business in the State of Florida, as a Qualified Target Industry (QTI) business pursuant to Section 288.106, Florida Statutes; providing for local financial support for the Qualified Target Industry Tax Refund Program not to exceed $30,000 over a five year period; providing for severability; providing for an effective date; and

 

B) conceptually approve an Economic Development Incentive for Project Button in the form of a cash grant not to exceed $30,000 over five years.

 

SUMMARY: Project Button is contemplating expanding its offices in Palm Beach County. The project will invest $1,399,000 to lease, make renovations to, and equip an additional 16,873 of office space. The project will create 60 new jobs over a two year period at an annualized average wage of $60,657 and an annualized median wage of $87,817. All new jobs must be maintained for three years after the creation date.  The estimated five year local economic impact is $80 Million. Project Button qualifies for the QTI Tax Refund program which continues to be funded by the Florida Legislature.  The company is being offered an incentive not to exceed $300,000. Of this amount, $240,000 is from the State of Florida; and $60,000 is a required match from local government entities.  Palm Beach County and the City of Boca Raton will equally share the required local match.  Palm Beach County will provide its portion of the local match as a cash grant in an amount not to exceed $30,000.  Provided it meets the State of Florida and County requirements, the cash grant will be paid over a period of five years according to the State’s QTI Refund schedule and secured by a letter of credit or cash bond.  The company will be required to enter into a formal agreement memorializing its commitments and establishing terms under which the incentive will be disbursed.  The company name will be disclosed at such time. District 4 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

5.         REGULAR AGENDA

 

B.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve the application of Pine Crest Preparatory School, Inc. (Borrower) for the issuance of the County's Industrial Development Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2020 in a principal amount not to exceed $125,000,000;

 

B) conduct a Tax Equity and Fiscal Responsibilities Act (TEFRA) public hearing pursuant to Section 147(f) of the Internal Revenue Code, as amended concerning the proposed issuance of the Bond; and

 

C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the application submitted by Pine Crest Preparatory School, Inc. with respect to the requested issuance by the County of its Palm Beach County, Florida educational facilities refunding revenue bond (Pine Crest Preparatory School, Inc. Project), Series 2020A in a principal amount not to exceed $62,800,000 and its Palm Beach County, Florida educational facilities revenue bond (Pine Crest Preparatory School, Inc. Project), Series 2020B in a principal amount not to exceed $67,200,000 (collectively, the Bonds), provided however, that the combined aggregate principal amount of the Bonds shall not exceed $125,000,000; approving the issuance of the Bonds within the meaning of section 147(f) of the Internal Revenue Code of 1986, as amended; authorizing the execution and delivery of that certain amended and restated Interlocal Agreement; determining certain details of the Bonds; approving and authorizing the execution and delivery of the Bonds; approving and authorizing the execution and delivery of a Financing Agreement to provide security for such Bonds; authorizing the proper Officers of the County to do all other things deemed necessary or advisable in connection with the sale and delivery of the Bonds; and providing for an effective date.

 

SUMMARY: Founded in 1934, the Borrower operates Pine Crest School, an independent, co-educational day school. The Pine Crest School operates on two campuses, Fort Lauderdale and Boca Raton. The Fort Lauderdale campus enrolls 1,790 students in pre-kindergarten through 12th grade. The Boca Raton campus enrolls 876 students in pre-kindergarten through 8th grade. The Borrower has requested the issuance of the Bonds to be used to finance or refinance all or a portion of the cost of construction, renovation and equipping of various capital improvements to the facilities of the Borrower at its Fort Lauderdale and Boca Raton campuses, and to fund certain costs of issuance related to the Bonds. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bonds. District 4 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 10, 2020

 

 

5.         REGULAR AGENDA

 

C.        FACILITIES DEVELOPMENT AND OPERATIONS

 

1.         Staff recommends motion to accept: a civic site cash-out payment in lieu of an off-site civic dedication from 13FH Palm Beach, LP (13th Floor), the developer of Delray Trails at Villa Del Ray PUD. SUMMARY:  13th Floor is under contract to purchase and redevelop a 118 acre golf course within the Villa Del Ray PUD. 13th Floor received rezoning and site plan approval for its Delray Trails at Villa Del Ray development at the July 25, 2019 Zoning meeting. 13th Floor was required by the ULDC to provide the County a 2.8 acre civic site within its development for the County’s development of a Fire Station, but the residents had concerns that the specified location would not be ideal for a Fire Station. County staff worked with 13th Floor to identify an alternate site located outside of the community on Lake Ida Road. The proposed 5.17 acre offsite replacement civic site meets Fire Rescue’s locational criteria but is comprised of two parcels, bisected by Lake Ida Road, one 2.6 acre parcel located on the north side of Lake Ida Road, the other 2.57 acre parcel is located on the south side. Staff has confirmed that the Fire Station could be developed on the south parcel leaving the north parcel available for another County purpose, such as affordable housing. 13th Floor negotiated a contract for purchase of the property for $2,650,000, which was the lowest price it could negotiate for any property meeting Fire Rescue’s locational criteria. Staff obtained two appraisals valuing the property at $1,260,000 and $1,200,000 respectfully, which is roughly half the contract purchase price. As is customary, Staff reviewed the comps used and agrees that they are appropriate.  The seller does not agree and will not reduce the price.  There are very few vacant parcels in the immediate area which are available for development of the Fire Station and the property owners appear to have unrealistic value expectations. Staff does not recommend paying twice the appraised value for more property than is required for development of the station and will continue exploring alternatives as they present themselves.  Assuming 13th Floor continues to move forward with development of its PUD, 13th Floor will remain obligated to pay the County $1,103,500 as a civic site cash out fee upon filing of its first plat of the Delray Trails property. on April 30, 2020 (Property & Real Estate Management) District 5 (HJF)

 

 

D.        ADMINISTRATION

 

1.         Briefing on Coronavirus Disease 2019 (COVID-19). SUMMARY: A briefing on Coronavirus Disease 2019 (COVID-19), will be provided by Dr. Alina Alonso, M.D., Director, Palm Beach County Department of Health, Bill Johnson, R.N., Palm Beach County Emergency Management Director, Chief Reginald Duren, Palm Beach County Fire Rescue Administrator, and Chief Charlie Coyle, Palm Beach County Fire Rescue EMS Chief. The briefing will focus on response and preparedness. Countywide (LDC)

 

 

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MARCH 10, 2020

 

 

6.         BOARD APPOINTMENTS

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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MARCH 10, 2020

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

1.         Staff recommends motion to receive and file:  The updated Board Directive Reports which include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County Commissioners Meeting, direction was given to the County Administrator to submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2) Completed Items. The report continues to be updated on an on-going basis. Countywide (DN)

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


MARCH 10, 2020

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

            Request for off-site Proclamation declaring April 19-25, 2020 as Palm Beach County Sheriff Volunteer Week in Palm Beach County

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

Request for off-site Proclamation declaring March 22, 2020 as All People’s Day in Palm Beach County

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

            Request off-site Proclamation declaring April 2020 as Sexually Transmitted Diseases (STDs) Awareness Month in Palm Beach County

 

 


MARCH 10, 2020

 

 

9.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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 MARCH 10, 2020

 

 

 10.      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."