March 17, 2020
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 17, 2020
PAGE ITEM
11 3E-4 REVISED MOTION: Staff recommends motion to approve: amendments
to contracts for Provision of Professional Services with the below-listed
agencies, to extend the end date from
March 31, 2020 to September 30, 2020, to provide a variety of services
to low-income clients: A) Amendment
No. 1 with Christians Reaching Out to Society, Inc. (CROS) (R2019-1279), to
provide gleaning services, in an amount not-to-exceed $75,000; B) Amendment No. 1 with CareerSource
Palm Beach County, Inc. (CareerSource) (R2019-1614), to provide work readiness
training services, in an amount not-to-exceed $100,000; C) Amendment No. 1 with Nurse Assistant
Training School, Inc. d/b/a Academy for Nursing and Health Occupations (NATS)
(R2019-1280), to provide home health aide and nurse assistant training services,
in an amount not-to-exceed $96,720; and D) Amendment No. 1 with Gulfstream Goodwill Industries, Inc. (GGI)
(R2019-1282), to provide work readiness training services, in an amount
not-to-exceed $20,000. (Comm Svs)
31 5D-1 REVISED SUMMARY: The Elizabeth Faulk
H. Foundation, Inc. was organized in 1971 as a Florida not-for-profit
corporation with the charitable purpose of “providing free psychological and
consultation services to the needy”. In 1979, the County conveyed
approximately 10 acres of land located on the West side of Boca Rio Road just
north of S.W. 8th Street to Foundation. The Foundation
constructed a 13,000 SF building on roughly four acres of the property in which
it operates its Faulk Center for Counseling. In 2013, Foundation was
approached by a developer who proposed to develop a 96 unit/117 bed senior
assisted living facility on the remaining undeveloped six acres of the
property. The developer proposed a complicated financial and
organizational structure which would create a revenue stream for Foundation and
would provide Foundation the opportunity to provide Alzheimer’s and memory care
services to elderly residents in the Assisted Living Facility (ALF). This
financial structure involved tax exempt bond financing and required
modification of the deed restrictions. In 2014, the County modified the
deed restrictions to release the County’s reverter; restrict use of the
property to: i) mental health counseling and rehabilitation of the mentally
ill; and ii) the development, use and operation of a senior living facility
with assisted living units accommodating approximately 117 assisted living beds
providing memory care services; allow for conveyance of the property to an
affiliate of Foundation; and allow the property to be mortgaged for purposes of
securing financing. Unfortunately, the developer seriously miscalculated
the construction costs of the project, and walked away from the project
after the bonds were issued but prior to commencement of construction,
which resulted in foreclosure of the mortgage on behalf of the bondholders by
PJPF Holdings, LLC (PJPF) and the Foundation’s loss of approximately six
acres. As a result of foreclosure of the mortgage, the property can be
used as a general ACLF and is not required to provide memory care services. Since it acquired title in 2018, PJPF has
sought to sell the foreclosed property for development consistent with the
existing deed restrictions. PJPF entered into a contract to sell the property
to Protea Senior Living Boca Raton, LLC which is willing to develop an ALF
using essentially the same design as previously proposed, will provide memory
care services and will perform improvements which will benefit the Foundation’s
remaining property, including new access drives, improved surface water
management and connection to public water and sewer. Foundation and
Protea will also enter into a unity of control which requires that the
development be in accordance with the Site Plan approved by the
Foundation. Protea is requesting the deed restrictions be further modified
to: i) remove the requirement that the Property remain owned by a not for
profit entity, ii) approve the conveyance of the foreclosed property to
Protea Senior Living Boca Raton, LLC; iii) clarify that assisted living
services may will be furnished at the facility together with
memory care services; and iv) releasing upon receipt of a Certificate
of Occupancy for Protea’s ALF, the County’s approval rights for future
conveyance or encumbrance of the foreclosed property shall terminate. The
Foundation and staff both supports the requested modification of
the restrictions. as this will continue to require development of Development
of Protea’s project will provide assisted living units and provide with
memory care services consistent with the original restrictions and will also
provide Foundation with an opportunity to provide mental health services to
residents within Protea’s ALF, which was the goal of the previous transaction.
needed improvements. In the event the Board does not approve the
modification of restrictions, Protea will be unable to move forward its
project, and it is possible that PJPF could sell the property to a developer
who would be less cooperative and not agree to provide memory care
services. In any event, resolution of
this issue would continue to drag out for years. Due to the unusual nature of this
transaction, staff is requesting Board direction. (Property & Real Estate Management) District 5 (HJF) (FDO)
31 5E-1 ADD-ON: Staff recommends motion to ratify: the Mayor’s signature on the State of Emergency Declaration for Palm Beach County effective March 13, 2020 in response to the imminent threat posed by the COVID-19 coronavirus. SUMMARY: A Declaration of a State of Emergency was declared by Mayor Dave Kerner effective March 13, 2020, in accordance with Section 9-35 of the Palm Beach County Code. This section provides that whenever an emergency has placed the citizens of Palm Beach County in danger of loss of life or property, and the Board of County Commissioners is unable to meet in a timely manner, a state of emergency can be declared by the Mayor, the Vice-Mayor in the Mayor’s absence, or the County Administrator in the absence of the Mayor and Vice-Mayor. Ratifying the Mayor’s signature will provide the Board’s concurrence with the declaration. A declaration of emergency activates applicable county emergency plans and provides expanded levels of authority to the County Administrator. Countywide (LDC)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 17, 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 6-26)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 27)
5. REGULAR AGENDA (Pages 28-31)
6. BOARD APPOINTMENTS (Page 32)
7. STAFF COMMENTS (Page 33)
8. BCC COMMENTS (Page 34)
9. ADJOURNMENT (Page 35)
* * * * * * * * * * *
MARCH 17, 2020
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Receive and file agreement with the Florida
Department of Transportation for reconstruction and widening of Haverhill Road
approaching the intersection of Bee Line Highway
3C-2 Amendment to the Infrastructure Surtax
Project Plan for the Kudza Road over LWDD Lateral 8 Canal Bridge project
Page 7
3C-3 Amendment to contract with Mock Roos &
Associates, Inc. for design of the Belvedere Heights Phase I project
3C-4 Receive and file amendment to agreements with
the Florida Department of Transportation for intersection improvements and
design of projects
Page 8
3C-5 Interlocal agreement with the Town of Lake
Clarke Shores regarding open cuts in Palm Beach County maintained thoroughfare
and non-thoroughfare roads
3C-6
Amendment to the Infrastructure Surtax Project Plan to advance the Congress
Avenue at Palm Beach Lakes Boulevard drainage improvement project
D. COUNTY ATTORNEY
Page 8
3D-1 Contract
with Barry S. Balmuth P.A. for legal services
E. COMMUNITY SERVICES
Page 9
3E-1 Agreement for the Older Americans Act with
the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for provision of
in-home and community base services to seniors
3E-2 Amendment to contract with The Homeless
Coalition of Palm Beach County, Inc. for provision of stipends, equipment and
supplies for the Parks to Work program participants
Page 10
3E-3 Amendment to contract with Ryan White Part A
HIV Health Support Services with AIDS Healthcare Foundation, Inc. for providing
of improving health outcomes for persons living with HIV
Page 11
3E-4 Amendments to contract with four agencies
for provision of a variety of services to low-income clients
Page 12
3E-5 Appointment to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Council
3E-6 Receive and file Notice of Award from the
U.S. Department of Health and Human Services, Health Resources and Services
Administration for services to reduce HIV Infections in Palm Beach County
MARCH 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 13
3F-1 Amendment
to agreement with CH2M Hill, Inc. related to the Airport’s Capital Improvement
Program
3F-2 Receive
and file award modification of Law Enforcement Officer Reimbursement Program
Other Transaction Agreement with the Transportation Security Administration
supporting passenger screening operations
Page 14
3F-3 Change
order to contract with West Construction, Inc. for the Southside Redevelopment
Phase 1 & 2 at Palm Beach County Park Airport
3F-4 Receive
and file license agreement with Sixt Rent A Car LLC for overflow parking
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Amendment to contract with Robling Architecture
Construction Inc. for Phase 2 of the Southern Regional Water Reclamation
Facility Elevator Modernization project
3H-2 Consultant Services Authorization to contract
with Architecture Green LLC for the Wellington Library Renovation and Chiller
Replacement project
Page 16
3H-3 Consultant Services Authorization to contract
with Architecture Green LLC for the Lantana Library Renovation project
3H-4 Amended and Restated Interlocal Agreement
with the City of Ft Lauderdale for interoperable communications
Page 17
3H-5 Amended and Restated Interlocal Agreement
with the Health Care District for interoperable communications
3H-6 Interlocal agreement with the Village of Palm
Springs for radio maintenance services
3H-7 Amended and Restated Interlocal Agreement with
the Village of Palm Springs for direct access to the County’s Public Safety
Radio System
Page 18
3H-8 Amendment to contract with Robling
Architecture Construction Inc. for the Water Utilities Department Customer
Service Remodel project
K. WATER UTILITIES
Page 18
3K-1 Work authorization to contract with
Hinterland Group Inc. for Wastewater Gravity Lines and Manhole Rehabilitation
Page 19
3K-2 Amendment to contract with Aquifer
Maintenance and Performance Systems, Inc. for an additional 12-month period
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 19
3L-1 Receive and file Florida Department of
Agriculture and Consumer Services Amendment to State Financial Assistance
Recipient Agreement for provision of mosquito control activities
Page 20
3L-2 State of Florida Department of Environmental
Protection purchase order for expansion of coral nurseries
3L-3 Receive and file task assignment change
order to contract with the State of Florida, Department of Environmental
Protection for petroleum storage tank inspections
Page 21
3L-4 Resolution authorizing transfer from the
Pollution Recovery Trust Fund for continuation of the Native Canopy Education
Program
MARCH 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 21
3S-1 Appointment
to the Regional Hazardous Materials Oversight Committee
X. PUBLIC SAFETY
Page 22
3X-1 Memorandum of Agreement with the Florida
Department of Health for support services for emergency distribution of
strategic national stockpile
3X-2 Receive and file Emergency Medical Services
County Grant Award Letter from the State of Florida Department of Health,
Bureau of EMS to improve and expand the EMS system
Z. RISK MANAGEMENT
Page 23
3Z-1 Renewal of the excess property, excess
liability, and excess workers’ compensation insurance programs through Arthur
J. Gallagher Risk Management Services, Inc.
BB. YOUTH SERVICES
Page 23
3BB-1 Agency Affiliation Agreement with Florida Atlantic University Board
of Trustees allowing its student to complete planned and supervised clinical
experiences required for a Master’s or Doctoral degree
Page 24
3BB-2 Community Based Contract with Digital Vibez,
Inc. for the Wellness Workshop and Fitness Jamz Program
CC. SHERIFF
Page 24
3CC-1 Grant Modification notices with the U.S. Department
of Homeland Security, transportation Security Administration to fund canine
teams at the Palm Beach International Airport
Page 25
3CC-2 Budget transfer from the Law Enforcement Trust Fund to various
agencies providing crime prevention activities
Page 26
3CC-3 Budget transfer from the Law Enforcement Trust Fund for the 2017
COPS Hiring Program grant
PUBLIC HEARINGS – 9:30 A.M.
A. OFFICE OF
FINANCIAL MANAGEMENT & BUDGET
Page 27
4A-1 Budget
amendments and transfers to reflect adjustments for balances brought forward,
other revenues, reserves and operating expenses
MARCH 17, 2020
TABLE OF CONTENTS
REGULAR AGENDA
A. PARKS & RECREATION
Page 28
5A-1 Amendment to license agreement with the City
of Palm Beach Gardens to include language regarding non-discrimination and
revenue sharing
B. AIRPORTS
Page 29
5B-1 Resolution
approving the submittal of an application to the Federal Contract Tower Program
C.
PALM TRAN
Page 30
5C-1 Contract
with Genfare for the Fare Collection System
D.
FACILITIES DEVELOPMENT & OPERATIONS
Page 31
5D-1 Modification and Restatement of Deed
Restrictions on property donated to the Elizabeth Faulk Foundation
BOARD
APPOINTMENTS (Page 32)
STAFF COMMENTS (Page 33)
COMMISSIONER COMMENTS (Page 34)
ADJOURNMENT (Page 35)
MARCH 17, 2020
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a
construction agreement, dated December 13, 2019, with the Florida Department of
Transportation (FDOT) for the reconstruction and widening of Haverhill Road at
the southern approach to the intersection of Bee Line Highway (SR-710). 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 modifications to the southeast intersection island, milling and resurfacing in the eastbound lanes
of SR-710 within the FDOT right-of-way, and replacement of the northbound
traffic signal loop detectors. This
agreement was approved by the Deputy County Engineer as a delegated authority
in accordance with R2013-1117 on December 9, 2019, and subsequently executed by
FDOT on December 13, 2019. Districts
1 & 7 (YBH)
2. Staff recommends
motion to approve:
A) an amendment to the Infrastructure Surtax (IST) Project
Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, to
increase the budget for the Kudza Road over LWDD Lateral 8 Canal bridge project
(Project) from $700,000 to $875,000; and
B) a budget transfer of $175,000 within the IST Fund from
reserves to increase the
budget for the Project.
SUMMARY: Approval of the amendment and budget transfer
will increase the funding for the Project from $700,000 to $875,000. The
increase in cost is due to aging estimates within the IST plan and escalating
construction costs. The $175,000 will be transferred from the Engineering
Department’s IST Reserve account. The Sales Tax Oversight Committee reviewed
this request at their February 20, 2020 meeting and approved it unanimously. This
Project is funded through the infrastructure sales tax. District 2 (YBH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) the third
amendment to the civil engineering services annual contract (R2016-0310) dated
March 22, 2016 with Mock Roos & Associates, Inc. (MRA);
B) supplement
no. 2 (Supplement) in the amount of $25,689.19, to the work task order dated
January 30, 2019 with MRA for
the design of Belvedere Heights Phase I (Project); and
C) a budget amendment of
$40,000 in the Capital Outlay Fund to recognize reimbursement funding from the
Westgate Belvedere Homes Community Redevelopment Agency (Westgate CRA) and
appropriate it to the Project.
SUMMARY: Approval of this third amendment will
update the language of the termination section, criminal history records check
section, non-discrimination section, scrutinized companies section and add the
vendor self-service registration required section to be compliant with current
Palm Beach County standards. Approval of this supplement will provide for the
completion of the civil design and construction plans preparation necessary for
the Project. The solicitation for design professionals was advertised on August
9, 2015 and August 16, 2015. The annual contract was approved on March 22,
2016, prior to the effective date of the Equal Business Opportunity Ordinance
and pursuant to the Small Business Enterprise (SBE) Ordinance at that time. The
SBE goal for all contracts was 15%. MRA proposed 100% SBE participation. The
SBE participation for this supplement is 100%. The cumulative SBE participation
to date including this supplement is 96.82%. MRA is a Palm Beach County
(County) based company. The Westgate CRA received a Local Agency Program (LAP)
federally funded grant through the Florida Department of Transportation for the
project. This grant requires that the County perform the design and
construction as we are LAP certified. District 7 (YBH)
4. Staff recommends
motion to receive and file:
A) Amendment Number Two to the County Incentive Grant Program (CIGP)
agreement with the Florida Department of Transportation (FDOT) for the
construction of intersection improvements at SR809/Military Trail and Northlake
Boulevard (R2017-0025) to extend the expiration date of the CIGP agreement from
December 31, 2019 to June 30, 2020; and
B) Amendment Number Five to the CIGP agreement with the FDOT for the design
of the Congress Avenue extension from Northlake Boulevard to Alt A-1-A/Richard
Road (R2013-1291) to extend the expiration date of the CIGP agreement from
December 30, 2019 to June 30, 2020.
SUMMARY:
These amendments are being submitted in accordance with Countywide PPM
CW-O-051. The Deputy County Engineer approved the amendments by delegated
authority in accordance with R2012-0035 on October 31, 2019 for Amendment
Number Two, and December 18, 2019 for Amendment Number Five. Final execution by
the FDOT was on November 18, 2019 for Amendment Number Two, and December 27,
2019 for Amendment Number Five. District 1 (YBH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve: an interlocal agreement (Agreement) with the Town of
Lake Clarke Shores (Town) regarding open cuts in Palm Beach County (County)
maintained thoroughfare and non-thoroughfare roads. SUMMARY: The County has a policy that requires a surety to be
posted for any construction in County rights-of-way that results in the open
cutting of the pavement. The Town has requested that the County instead enter
into an agreement which would relieve the Town from posting surety but require
them to make any required repairs upon request by the County. Similar
agreements have been executed with several other municipalities and special
districts. This Agreement will remain in effect until termination by either
party. District 3 (YBH)
6. Staff recommends
motion to approve:
A) an amendment to the Infrastructure Surtax (IST) Project
Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, to
advance the Congress Avenue at Palm Beach Lakes Boulevard drainage improvements
project (Project) from FY2021 and FY2023 to FY2020; and
B) a budget transfer of $500,000 within the IST Fund from
reserves to advance the funds for the Project from FY2021 and FY2023 to FY2020.
SUMMARY: Approval of the amendment and budget transfer will advance the Project
from FY2021 and FY2023 to FY2020. The scope of the Project involves upgrading
the drainage system along this intersection to alleviate flooding issues.
Funding for the Project will be provided from the IST Plan and the Engineering
Department’s (Engineering) Five Year Road Program. The total cost of the
Project is estimated at $2,000,000. The IST Plan is currently funding $500,000
of the Project in two separate years: $100,000 in FY2021 and $400,000 in
FY2023. The IST funding of $500,000 is being advanced from FY2021 and FY2023 to
FY2020 to match the schedule provided in the Five Year Road Program.
Engineering’s IST Reserve account will be replenished by $100,000 in FY2021 and
by $400,000 in FY2023. The Sales Tax Oversight Committee reviewed this request
at their February 20, 2020 meeting and approved it unanimously. This Project
is funded through the infrastructure sales tax. District 7 (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a contract for Professional Legal Services by and between Palm Beach County and Barry S. Balmuth P.A. for legal services in connection with eminent domain and inverse condemnation litigation for the County in an amount not to exceed $750,000, including costs. SUMMARY: The legal services are necessary to litigate numerous pending condemnation projects and the defense of inverse condemnation claims. The agreement would commence upon approval of the Board of County Commissioners and would be for a maximum duration of three years in an amount not to exceed $750,000, including costs. The hiring of outside counsel will provide the means for the County to meet its project objectives and simultaneously provide sufficient opportunities for two attorneys at the County Attorney’s Office to gain sufficient experience in eminent domain litigation through second chair assignments with outside counsel, for the handling of future assignments when the contract expires. Countywide (DO)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Standard
Agreement No. IA020-9500 for the Older Americans Act (OAA) with the Area Agency on Aging
of Palm Beach/Treasure Coast, Inc., for the period January 1, 2020 through December 31, 2020, to provide
services in accordance with the terms and conditions specified in this
agreement, including all attachments, forms and exhibits, in an amount not-to-exceed $2,342,041, to provide in-home and
community based services to seniors; and
B) a budget amendment of $590,541 in the Division of Senior Services (DOSS) Administration Fund to align the budget to the actual grant award.
SUMMARY: DOSS will provide in-home and community
based services to seniors. OAA is funded with $2,342,041 in federal funds, $19,690 in program income
and $1,620,396 in County funds. Services are provided to eligible Palm Beach
County seniors age 60 and older and their caregivers. The various services
preserve the independence of seniors and defer the need for more costly
institutions. OAA has several programs that serve seniors. The congregate meals
program served 2,049 seniors in Grant Year (GY) 2018 and 1,809 seniors in GY
2019. The home-delivered meals program served 471 seniors in GY 2018 and 361
seniors in GY 2019. The in-home services program served 612 seniors/caregivers
in GY 2018 and 533 seniors/caregivers in GY 2019. The number of seniors served
is based on the amount of the grant and the need of the clients. The areas of
service include all of the districts, excluding portions of Districts 3, 4, 5
and 7 south of Hypoluxo Road. The Mae Volen Senior Center, Inc. is responsible
for providing services in the areas south of Hypoluxo Road. No additional
County funds are required. (Division of Senior Services) Countywide, except
for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road. (HH)
2. Staff recommends
motion to approve: Amendment
No. 2 to contract for Provision of Financial Assistance with The Homeless
Coalition of Palm Beach County, Inc. (R2019-0939), to extend the end date from
March 31, 2020 to September 30, 2020 and increase the contract amount by $3,800
for a new total contract amount not-to-exceed $135,400, to provide stipends and
purchase equipment and supplies for the Parks to Work program participants. SUMMARY:
The Homeless Coalition of Palm Beach County, Inc. (Homeless Coalition) will
provide stipends to approximately nine homeless individuals that are referred
from the Palm Beach County Division of Human & Veteran Services (DHVS)
Homeless Outreach Programs: Parks to Work Initiative and Assertive Community
Outreach Initiative or any other outreach efforts. The Parks to Work program is
designed to assist homeless individuals in the Palm Beach County parks.
Individuals targeted are those that have been homeless for extended periods of
time with medical, substance, and/or mental health issues that make them
unemployable by mainstream employers. Each program participant will earn $10 an
hour for six hours per day, five days a week. Participants will receive weekly
stipends based on hours worked. The Homeless Coalition will provide equipment
and supplies. Since the inception on February 12, 2018, there have been 37
individuals that have participated in the Parks to Work program. Currently,
100% of individuals that participated in the program received mainstream
intensive case management, which includes; emergency shelter/housing, medical
care, substance abuse treatment, mental health, behavioral health, vocational
skills, employment skills, and financial education and 20% of participants have
maintained full-time employment outside of the Parks to Work program. Uwe
Naujak, an employee of the Homeless Coalition is a member of the Homeless
Advisory Board. This board provides no oversight, regulation, management, or
policy-setting recommendations regarding the agency contract listed above. Disclosure
of this contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Section. 2-443, of the Palm Beach
County Code of Ethics. (Ryan White Program) Countywide (HH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Amendment No. 2 to contract for Provision of Ryan
White Part A HIV Health Support Services with AIDS Healthcare Foundation, Inc.,
(AHF) (R2018-0370), for the period March 1, 2018 through February 28, 2021, to
increase funding in Grant Year (GY) 2019 by $139,487, for a new GY 2019 total
of $329,004, for an overall new contract total amount of $847,525, for the
provision of improving health outcomes for persons living with HIV. SUMMARY:
On September 20, 2019, carryover dollars were awarded from the U.S.
Department of Health and Human Services, Health Resources and Services
Administration (HRSA) to increase the GY 2019 funding for the Ryan White grant.
This is a carryover amount, not a new award. Carryover amounts will vary from
year to year based on funds that were left over from the prior grant year. The
amendment is necessary to allocate the funds, as well as reallocate funds that
were swept from agencies that were unable to spend them in designated
categories. AHF has served 399 clients and will serve approximately 683 clients
through the end of the contract. Kristin Harrington, an employee of AHF is a
member of the Palm Beach County HIV Care Council. The Palm Beach County HIV
Care Council provides no regulation oversight, management or policy setting
recommendations regarding the agency listed above. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Section 2-443, of the Palm Beach County Code
of Ethics. No County funds are required. (Ryan White Program) Countywide
(HH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: amendments to contracts for Provision of
Professional Services with the below-listed agencies, to extend the end date from March 31, 2020 to September 30, 2020, to
provide a variety of services to low-income clients:
A) Amendment No. 1 with Christians Reaching
Out to Society, Inc. (CROS) (R2019-1279), to provide gleaning services, in
an amount not-to-exceed $75,000;
B) Amendment No. 1 with CareerSource Palm
Beach County, Inc. (CareerSource) (R2019-1614), to provide work readiness
training services, in an amount not-to-exceed $100,000;
C) Amendment No. 1 with Nurse Assistant
Training School, Inc. d/b/a Academy for Nursing and Health Occupations (NATS)
(R2019-1280), to provide home health aide and nurse assistant training services,
in an amount not-to-exceed $96,720; and
D) Amendment No. 1 with Gulfstream Goodwill
Industries, Inc. (GGI) (R2019-1282), to provide work readiness training
services, in an amount not-to-exceed $20,000.
SUMMARY: The above agencies are qualified to provide
various services for the Community Action Program. Funding is provided by the
Community Services Block Grant (CSBG). CROS recruits and coordinates gleaning opportunities through local
church, civic and non-profit agencies within the County to develop strong
neighborhood relationships, opportunities and support systems. CROS is the only
agency (sole source) that provides gleaning services in Palm Beach County.
Under the contract, CROS will provide 200,000 pounds of food. A portion of CSBG funds are used to provide training for
eligible clients. Qualified
clients must be residents of Palm Beach County and meet the Federal Poverty
Level Guidelines. Since 1999, the County has collaborated with
CareerSource to serve economically disadvantaged residents of Palm Beach
County. CareerSource currently provides work readiness and referral services to
a minimum of 15 clients, referring those clients to training providers within
the industry for selections and enrollment into trades industry training
programs. NATS provides home health aide and nursing assistant training
services, work readiness training and job placement assistance to qualified clients.
GGI provides work readiness training services to eligible clients and assists with developing an employment and training Personal
Development Plan. CareerSource,
NATS and GGI are important components of the CSBG self-sufficiency program. In
2018, 193 clients were enrolled in self-sufficiency trainings and 83 clients
out of 193 completed training. A total of 91 clients obtained and maintained
employment for over a 90 day period. Joshua Butler, an employee of GGI
is a member of the Homeless Advisory Board. Charles Duval, an employee of
CareerSource is a member of the Farmworker Program Advisory Board. Sandra
Wright, an employee of CareerSource is a member of the Community Action
Advisory Board. These boards provide no regulation, oversight, management, or
policy-setting recommendations regarding the agencies listed above. Disclosure
of these contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Section 2-443, of the Palm Beach
County Code of Ethics. No County funds
are required. (Community Action Program) Countywide (HH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends motion
to approve: the appointment of one
new member to the Palm Beach County HIV Comprehensive AIDS Resources Emergency
(CARE) Council:
|
|
|
Seat No. |
Appointment |
Term Expires |
9 |
Christopher Heath
Bish |
12/04/20 |
SUMMARY: The Palm
Beach County HIV CARE Council (HIV CARE Council) nomination process is an open
process with publicized criteria and legislatively defined conflict of interest
standards. Mr. Bish has successfully completed the HIV CARE Council’s
nomination process and the HIV CARE Council recommends the appointment. The
total membership for the HIV CARE Council shall be no more than 33 at-large
members, per Resolution No. 2011-1560. Mr. Bish will complete the unexpired
term for Mr. Paul Lisker. The diversity count for the 21 seats that are currently
filled is: African-American: 8 (38%), Caucasian: 8 (38%), Hispanic-American: 4
(19%) and Asian-American: 1 (5%). The gender ratio (female: male) is 13:8. Mr.
Bish is Caucasian. Staff conducts targeted outreach in an effort to proffer
candidates for appointments that maintain a diverse composition of the board. (Ryan White Program) Countywide (HH)
6. Staff recommends
motion to:
A) receive and file a Notice of Award
(NOA) Grant No. 1 UT8HA33954-01-00
from the U.S. Department of Health and Human Services (DHHS), Health Resources
and Services Administration, for the budget period March 1, 2020 through
February 28, 2021, in the amount of $850,000, for new services to reduce HIV
infections in Palm Beach County by 75%;
B)
approve a budget amendment
of $850,000 in the Ryan White Program (RWP) to align the budget with the actual
grant award;
C) delegate to the County
Administrator or designee signatory authority to establish an Intergovernmental
Agreement with the Florida Department of Health-Palm Beach County, to implement
the Ending the HIV Epidemic (EHE) initiatives; and
D) approve ten full-time
equivalent grant-funded positions for the RWP as required by HRSA, including
one Program Evaluator (PG 34), one Casework Supervisor (PG 30), one Case
Manager II (PG 25), three Case Manager I
(PG 22), three Peer Specialists (PG 15), and one Registration Clerk (PG 13) in
the amount of $598,414 annually.
SUMMARY: A NOA was received on February 26, 2020 from HRSA issuing new funding as part of a 10-year national initiative
to end the HIV epidemic in the US by 2030. This funding award is separate, but
complements annual funding received through the federal Ryan White HIV/AIDS
Program, and requires new and innovative approaches to the current model of
care for persons living with HIV (PLWH).
This funding will support time-limited community outreach, response, and
engagement for 2,594 PLWH who are not in care, rapid entry to medical care within
72 hours, and adherence counseling using mobile and wireless technologies for
939 PLWH who are in care, but not virally suppressed. On December 17,
2019, the Board of County Commissioners ratified the Mayor’s signature on the EHE Grant
application (R2019-1875). Delegated authority
is requested to comply with HRSA timeline requirements, as grant year 2020
begins March 1, 2020. The grant-funded positions will continue through
the five-year project period and will be eliminated if funding is discontinued.
No County match is required.
(Ryan
White Program) Countywide (HH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment No.
6 to the General Consulting Agreement with CH2M Hill, Inc. for
Consulting/Professional Services in the amount of $400,389.63 for the continued
performance of professional planning and design services related to the
approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2016-0700)
with CH2M Hill, Inc. for general airport planning and design was approved on
June 7, 2016 in the amount of $1,877,401.43 in order to carry out the approved
Capital Improvement Programs for the County’s Airports. Amendment No. 1 was
approved by the Board on June 20, 2017 (R2017-0795) increasing the amount of
the contract by $2,308,452.97. Amendment
No. 2 was approved by the Board on April 10, 2018 (R2018-0381) for
$2,065,542.89 and exercising the first renewal one year option, bringing the
total contract value to $6,251,397.29. Amendment No. 3 was approved by the
Board on June 19, 2018 (R2018-0898) for $633,859.76, bringing the total
contract value to $6,885,257.05.
Amendment No. 4 was approved by the Board on December 4, 2018 for
$255,351.01, bringing the total contract value to $7,140,608.06. Amendment No. 5 was approved by the Board on
May 7, 2019 (R2019-0611) for $715,828.32 and exercising the second renewal one
year option, bringing the total contract value to $7,856,436.38. Approval of Amendment No. 6 will provide an
additional $400,389.63 to complete the following tasks:
Task I Services – Palm Beach
International Airport (PBI) Interior Airfield Service Road Construction
Administration (CA) and Quality Acceptance Material Testing Services; Palm
Beach County Park Airport (LNA) Southside Redevelopment Program Phase 1 and 2
Supplemental CA and Re-Design Services;
Palm Beach County Glades Airport (PHK)
Runway and Taxiway Rehabilitation Supplemental Design Services; PBI Security
Suite Interior Renovation Design, Bidding and Permit Assistance and CA
Services; PBI Handrail Replacement Bid and Permit Assistance and CA Services;
PBI Feature Signage and Landscaping CA Services; and Task III Services - Miscellaneous
Planning and Engineering Services. Work
to be completed under these Task III Services will be issued in accordance with
PPM CW-F-050, by way of a separate proposal or task authorization. CH2M Hill,
Inc. is an Englewood, Colorado based firm, however, the majority of the work
will be completed and/or managed through their West Palm Beach, Florida office
in conjunction with Palm Beach County-based sub-consultant firms. A
Disadvantaged Business Enterprise (DBE) goal of 15% was set for this agreement.
CH2M Hill, Inc. committed to 21% in their proposal. The anticipated DBE
participation based upon the approved tasks is approximately 19%. The
current paid to date DBE participation is approximately 13%. The DBE participation for this Amendment is
approximately 15.97%. Countywide (AH)
2. Staff recommends
motion to:
A) receive and file an Award Modification (Modification P00010)
of Law Enforcement Officer (LEO) Reimbursement Program Other Transaction
Agreement HSTS02-16-H-SLR765 with the Transportation Security Administration (TSA)
in the amount of $72,800 for law enforcement services at Palm Beach
International Airport in support of the passenger screening operations at the
security checkpoints in the terminal; and
B) approve a budget amendment in the Airport’s Operating Fund, for the receipt of
$72,800 of funding from the TSA; and an increase to Airport’s Reserve in the
amount of $72,800.
SUMMARY: Delegation of authority for execution of the
LEO Agreements was approved by the BCC on August 14, 2012 (R2012-1093). Countywide
(AH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve:
A) Change Order No. 14 to the contract with West Construction,
Inc. increasing the contract amount by $39,938.65 and increasing the contract
time by 190 calendar days for the Southside Redevelopment Phase 1 & 2 at
Palm Beach County Park Airport (LNA); and
B)
a budget transfer of
$39,939 in the Airport’s Improvement and Development Fund, including a transfer
from Reserves in the amount of $39,939.
SUMMARY:
The contract with West
Construction, Inc. for the Southside Redevelopment Program Phase 1 and 2 at LNA
in the amount of $6,353,448.52 and 420 calendar days was approved by the Board
on July 11, 2017 (R2017-0935). Change
Orders 1-6, 10 and11 in the amount of $111,894.84 and 131 calendar days were
approved under delegated authority as detailed in PPM No. CW-F-050. Change Orders No. 7 (R2018-0988), No. 8 (R2018-1765),
No. 9 (R2019-0036), No. 12 (R2019-0806) and No. 13 (R2019-1150) in the amount
of $814,964.74 and 243 calendar days were approved by the Board. Change Order No. 14 increasing the contract
amount by $39,938.65 primarily includes additional work that was not included
in the contract but noted during the final inspections by Palm Beach County to
meet current code. It is anticipated
that this unit price contract will be decreased by an estimated $147,000 to
reflect the as-built quantities at the completion of the project. Approval of
the time extension will allow the completion of the additional work, amendment
of the site plan required due to the modifications and the processing of new
utility easements. The Disadvantaged Business Enterprise (DBE) Goal for this
project was established at 11%. West
Construction, Inc. committed to 11.85% participation. The DBE to date
participation for this contract is 10%. DBE participation for this change order
is 6.21%. Countywide (AH)
4. Staff recommends
motion to receive and file: a license
agreement with Sixt Rent A Car LLC (Sixt), 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
26,460 square feet of ground area at the Palm Beach International Airport (PBI)
for the overflow parking of vehicles in connection with Sixt’s rental car
operations at PBI, for payment of license fees in the amount of $1,764.00 per
month. SUMMARY: Sixt uses property at PBI for overflow
parking in support of their rental car operation at PBI. Delegation of authority for execution of the
standard form license agreement was approved by the Board in R2007-2070. Countywide (AH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 17 to the continuing Construction
Management (CM) contract with Robling Architecture Construction Inc.,
(R2016-0762) in the amount of $327,070 for Phase 2 of the Southern Regional
Water Reclamation Facility Elevator Modernization project establishing a
Guaranteed Maximum Price (GMP) for Construction Management Services for a
period of 120 days from notice to proceed.
SUMMARY: The existing elevator is more than 25 years old and the
parts are difficult to obtain resulting in high maintenance costs. Approval of
Amendment No. 17 consists of modernization improvements to the existing 4-stop
hydraulic service elevator, including a new hydraulic pump, controller, car
interior and signalization equipment. The changes requested will minimize the
need for frequent repairs and lower the overall maintenance cost. On June 21,
2016, the Board of County Commissioners approved the continuing CM contract
with Robling Architecture Construction Inc., for construction management
services for capital projects under $2,000,000. The continuing CM 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 ordinance. The Construction Manager is a SBE.
The continuing CM contract was presented to the Goal Setting Committee on
February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE
participation was applied to the contract. SBE participation on this Amendment
is 11.83%. To date the Construction Manager has achieved 38.84% SBE
subcontracting participation under its continuing contract. The CM is a Palm Beach
County business. The funding source for this project is the Water Utilities
Department Operation & Maintenance Fund. (Capital Improvements Division) District
5 (LDC)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 1 to the
continuing design contract with Architecture Green LLC
(Consultant) (R2019-1898) in the amount of $129,925.90 to provide design services for
the Wellington Library Renovation and Chiller Replacement project located at
1951 Royal Fern Drive, Wellington. SUMMARY: CSA No. 1 to the continuing contract
authorizes architectural, electrical and structural engineering design services
to renovate the Wellington Library and replace the 120 ton chiller. CSA No. 1 includes,
but is not limited to: design services for painting, designing new interior
spaces, new flooring, relocating the public computer workstations along with
the associated power and data supply and replacement of the existing 120 ton
chiller, which is at the end of its service life. The solicitation for the
continuing design contract was advertised according to the Equal Business
Opportunity Ordinance, with final selection taking place on November 8, 2019.
The Goal Setting Committee established an Affirmative Procurement Initiative
for this continuing contract of a mandatory 20% Small Business Enterprise (SBE)
subcontracting goal. SBE participation on this CSA is 95.2%. To date the
overall SBE participation on this continuing contract is 95.19%. The prime
consultant is a certified SBE. The Consultant is a Palm Beach County Business.
The funding source for this project is the Library Expansion Program. (Capital
Improvements Division) District 6 (LDC)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
continuing design contract with Architecture Green LLC
(Consultant) (R2019-1898) in the amount of $122,040.40 to provide design services for
the Lantana Library Renovation project located at 4020 Lantana Road, Lake
Worth. SUMMARY: CSA No. 2 to the continuing contract authorizes
architectural, structural engineering, electrical and low voltage design
services to renovate the interior of the Lantana Library. CSA No. 2 includes
design services for exterior painting and weatherproofing, new flooring,
renovating the restrooms, designing and modifying new interior spaces, and
relocating the public computer workstations along with the associated power and
data supply. The solicitation for the continuing design contract was advertised
according to the Equal Business Opportunity Ordinance, with final selection
taking place on November 8, 2019. The Goal Setting Committee established an
Affirmative Procurement Initiative for this continuing contract of a mandatory
20% Small Business Enterprise (SBE) subcontracting goal. SBE participation on
this CSA is 95.2%. To date the overall SBE participation on this continuing
contract is 95.2%. The prime consultant is a certified SBE. The Consultant is a
Palm Beach County Business. The funding source for this project is from the
Library Expansion Program Fund. (Capital Improvements Division) District 3
(LDC)
4. Staff recommends
motion to approve: an Amended and Restated Interlocal Agreement
(Agreement) with the City of Ft Lauderdale (Municipality), allowing for
interoperable communications through the countywide common talk groups of the
County’s Public Safety Radio System (County’s System) to the Municipality for a
period of five years from March 17, 2020 through March 16, 2025. SUMMARY: This Agreement provides the terms and
conditions under which the Municipality can program into its radios and utilize
the countywide common talk groups for certain types of inter-agency
communications. This Agreement terminates and replaces the Interlocal Agreement
(R2008-0758) between County and Municipality, amended by First Amendment
R2014-0593, and by Second Amendment R2018-1003, and adds the procedure to be
followed to obtain a Federal Shared Encryption Key for direct radio interoperability
with Federal Agencies. The County’s System will not be utilized for routine
operational communications by the Municipality. The terms of the Agreement are
standard and have been offered to all municipalities and local branches of
state and federal agencies and ambulance service providers with 800 MHz trunked
radio capabilities. There are no charges associated with this Agreement. The
Municipality is required to pay all costs associated with Municipality’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 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: an Amended and Restated Interlocal Agreement
(Agreement) with the Health Care District (Participant), allowing for
interoperable communications through the countywide common talk groups of the
County’s Public Safety Radio System (County’s System) to the Participant for a
period of five years from March 17, 2020 through March 16, 2025. SUMMARY:
This Agreement provides the terms and conditions under which the Participant
can program into its radios and utilize the countywide common talk groups for
certain types of inter-agency communications. This Agreement terminates and
replaces the Interlocal Agreement (R2002-0548) between County and Participant,
amended by First Amendment R2006-2428, by Second Amendment R2012-0494 and by
Third Amendment R2017-0638, and adds the procedure to be followed to obtain a
Federal Shared Encryption Key for direct radio interoperability with Federal
Agencies. The County’s System will not be utilized for routine operational
communications by the Participant. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of state and federal
agencies and ambulance service providers with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement. The
Participant is required to pay all costs associated with Participant’s
subscriber units and to comply with the established operating procedures for
the County’s System. This Agreement provides for an initial term of five years
with two renewal options, each for a period of five years. This Agreement may
be terminated by either party, with or without cause, upon ten days prior
written notice to the other party. (ESS) Countywide (LDC)
6. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the Village
of Palm Springs (Participant) for radio maintenance services from March 17,
2020 through March 16, 2025. SUMMARY: The Agreement provides for the
provision of radio equipment maintenance services to the Participant, by
Facilities Development & Operations/Electronic Services & Security
Division (FDO/ESS). The Agreement terminates Interlocal Agreement R2017-0641
between the County and the Participant. The services are to be charged on an
hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime
work. In the event that the County must
out-source the labor, a separate labor rate is provided. The rates may be adjusted
annually with notification by June 1 (effective that following October 1) at
the County’s sole discretion, but in no event shall the Participant’s fee
schedule exceed the fee schedule applied to County departments. This Agreement
provides for an initial term of five years with two renewal options, each for a
period of five years. The Agreement may be terminated by either party, with or
without cause with a minimum of three months’ notice. (ESS) Countywide
(LDC)
7. Staff recommends
motion to approve: an Amended and Restated Interlocal Agreement
(Agreement) with the Village of Palm Springs (Participant) to allow for direct
access to the County’s Public Safety Radio System (System) to the Participant
for a period of five years from March 17, 2020 through March 16, 2025. SUMMARY: This Agreement provides the terms and
conditions under which the Participant can directly access the System. This
Agreement terminates and replaces Interlocal Agreement (R2017-0166) between
County and Participant. The terms of this Agreement are standard and have been
offered to all municipalities and local branches of state and federal agencies
where connection through an established municipal hub is not technically
feasible. The Participant has been interoperable with the County’s System since
2003. The annual fees are consistent with those being charged to County
Departments. In addition, the Participant is required to pay all costs
associated with Participant’s subscriber units and to comply with the
established operating procedures for the System. This Agreement provides for an
initial term of five years with two renewal options, each for a period of five
years. This Agreement may be terminated by either party, with or without cause
on October 1st of any year, with a minimum of six months’ notice. (ESS)
Countywide (LDC)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: Amendment No. 19 to the continuing Construction
Management (CM) contract with Robling Architecture Construction Inc.,
(R2016-0762) in the amount of $1,420,461.43 for the Water Utilities Department
(WUD) Customer Service Remodel project establishing a Guaranteed Maximum Price
(GMP) for Construction Management Services for a period of 180 days from notice
to proceed. SUMMARY: The existing
customer service lobby is outdated and no longer meets the needs of the WUD
Customer Services Division. Amendment No. 19 consists of remodeling the
existing call center area, including but not limited to, new workstations,
office layout, lobby entry, conference room, renovations to the public
restroom, acoustical improvements to the customer service lobby, and
improvements to the electrical and heating, ventilation and air conditioning
(HVAC) systems. The changes will improve the overall customer experience and
provide for a modern and efficient work area. On June 21, 2016, the Board of
County Commissioners approved the continuing CM contract with Robling
Architecture Construction Inc. for construction management services for capital
projects under $2,000,000.The continuing CM 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 ordinance. The Construction Manager is a SBE. The
continuing CM contract was presented to the Goal Setting Committee on February
20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was
applied to the contract. SBE participation on this amendment is 33.49%. To date
the Construction Manager has achieved 37.75% SBE subcontracting participation
under its continuing contract. The Construction Manager is a Palm Beach County
business utilizing all local subcontractors. The funding source for this
project is from the Water Utilities Department Operation & Maintenance
Fund. (Capital Improvements Division) District 3 (LDC)
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work Authorization (WA) No. 1 to the Continuing
Contract for Wastewater Gravity Lines and Manhole Rehabilitation (Contract)
with Hinterland Group Inc., (Hinterland) for the Gravity Main and Manhole Rehab
(Project) in the amount of $1,225,047.61. SUMMARY: On February 5, 2019, the Board of County Commissioners approved the
Water Utilities Department (WUD) Contract (R2019-0216) with Hinterland. WA No.1
provides for the rehabilitation of approximately 31,000 linear feet of existing
wastewater gravity pipelines located within Boca Raton, FL. The required work
will include cleaning of the gravity sewer pipelines and manholes, video
inspection, and rehabilitation of the pipelines and manholes where necessary.
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 91.845% SBE participation. WA No. 1 includes 100% SBE
participation. The cumulative SBE
participation including WA No.1 is 100%. Hinterland is a Palm Beach County
company. The project is included in the WUD FY20 Budget (WUD Project 20-012) Districts
2, 4 & 5 (MJ)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: Amendment No. 3 to the System-Wide Wellfield
Maintenance for Palm Beach County Water Utilities Department (WUD) (Contract)
with Aquifer Maintenance and Performance Systems, Inc., (AMPS) to renew
for an additional 12-month period and to increase the Contract amount by
$300,000 to $1,989,076. SUMMARY: On March 14, 2017 the Board of County Commissioners approved the
Contract (R2017-0315) with AMPS
in the amount of $1,189,076. On January 23, 2018, Amendment No. 1 (R2018-0075)
to the Contract renewed the Contract for an additional 12-month period. On
February 5, 2019, Amendment No. 2 (R2019-0217) to the Contract renewed the
Contract for an additional 12-month period and increased the Contract by
$500,000 to $1,689,076. WUD has undertaken a total of $1,236,918.40 of
authorized maintenance work under the Contract through December 31, 2019.
Historically, WUD has spent approximately $412,000 annually to maintain the existing
wellfields. An increase of $300,000 is required for the continuation of
maintenance which shall include replacement of associated pumps and motors
reaching the end of life expectancy. The requested amount shall increase
contract funding to $1,989,076. The proposed 12-month renewal and
increase of funds will allow for the continuation of system-wide wellfield
maintenance to maintain adequate raw water supply to WUD’s water treatment
plants. The renewal of the Contract does not guarantee nor authorize any
work. Work will be assigned during the
12-month renewal period by formal Construction Delivery Orders (KDO) drawn
against the Contract with the project cost identified on each KDO. The unit prices contained in the Contract
will be used in determining the cost of the KDOs. 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. WUD staff coordinated with the Office of
Equal Business Opportunity to confirm that the proposed renewal was consistent
with the principles of the Equal Business Opportunity Ordinance. The Contract
provides for 0% SBE participation; however, AMPS has since been certified as an
SBE for the provision of well services, including drilling, plugging,
consulting, maintenance and repair. AMPS is a Palm Beach County company. (WUD
Project No. 16-001/VMG) Countywide (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) receive and file the Florida
Department of Agriculture and Consumer Services (FDACS) Amendment to State
Financial Assistance Recipient Agreement No. 026501 (Agreement) and Annual
Certified Budget Amendment which increases the Arthropod Control Budget from
$41,645.44 to $47,310 for contract period December 1, 2019 to September 30, 2020;
and
B) approve a budget amendment of $5,664 in the State
Mosquito Fund to align the budget with the additional grant award amount.
SUMMARY: On December 17, 2019, the Board of County Commissioners (County)
approved the Agreement (R2019-1909) to provide mosquito control activities
including source reduction measures, public education, personnel training and
certification, mosquito population surveillance, and other measures as approved
by FDACS. Delegated authority to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement was
approved at that time. On January 14, 2020, FDACS approved an increase in
the Arthropod Control Budget to a new not to exceed amount of $47,310. In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
department as a receive and file agenda item. A 25% County match is required. Countywide (SS)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) accept a State of Florida Department of Environmental
Protection (DEP) purchase order of $72,344 for the expansion of a closed system,
land-based coral nursery, beginning on March 17, 2020 and expiring June 30,
2020;
B) approve a budget amendment of $72,344 in the
Environmental Resources Capital Projects Fund to recognize the revenue from
DEP;
C) approve an agreement with Healthy Aquatics Marine
Institute of Florida Inc., DBA The Reef Institute, a not-for-profit entity, for
cost reimbursement relating to the Coral Nursery Expansion Project (Project)
for an amount not to exceed $65,767 beginning on March 17, 2020 and expiring June
30, 2020; and
D) authorize
the County Administrator or designee to sign all future time extensions, task
assignments, certifications, and other forms associated with this agreement and
purchase order, and any necessary minor amendments that do not substantially
change the scope of work, terms, or conditions of the agreement and purchase order.
SUMMARY: In
response to the Stony Coral Tissue Loss Disease moving through the Florida Reef
Tract, the Florida legislature appropriated funds to DEP to combat the disease
and start restoration efforts. DEP identified The Reef Institute as a
not-for-profit entity that could expand their current coral nursery to accept
and grow additional corals for State led restoration efforts. DEP is authorized
to disburse these funds to local governments and agencies for the purpose of
coral nursery creation and expansion via a purchase order. The DEP purchase order will fund $65,767 of
the Project costs plus $6,577 in County administration costs, and the County will
act as the pass through agency to The Reef Institute. District 7 (SS)
3. Staff recommends
motion to receive and file: Task Assignment Change Order No. 1 to the
State of Florida, Department of Environmental Protection (FDEP) Amended and
Restated Contract No. GC913 (R2018-1206), Task Assignment No. GC913-3, provides
an increase of state funding for variable inspections of petroleum storage
tanks in the amount of $40,000, and for training travel in the amount of
$1,075. SUMMARY: The County has performed petroleum
storage tank compliance services under a series of contracts with FDEP since
1988. Task Assignment Change Order No. 1 provides an increase of the
contract total by $41,075 from $486,147 to $527,222 to cover program costs that
exceeded estimates for variable inspections and training travel. Delegated
authority to sign all future time extensions, task assignments, certifications,
and other forms associated with this Contract was approved June 12, 2018.
In accordance with County PPM CW-O-051, all delegated contracts/agreements/ grants
must be submitted by the initiating department as a receive and file agenda
item. Countywide (SS)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) adopt a resolution authorizing the Clerk of the
Court to transfer $110,000 from the Pollution Recovery Trust Fund (PRTF) to
continue the Native Canopy Education Program (Program) and waive the
prohibition to use PRTF funds for operations; and
B) approve
a budget transfer of $110,000 from the PRTF to the Program.
SUMMARY: In 2014,
the Program took the place of enforcement activities for the preservation and
protection of native vegetation on single family lots greater than 2.5 acres
that were required under the County’s Unified Land Development Code. This resolution
authorizes the transfer of $110,000 from the PRTF for the continuation of the
Program managed by the County Cooperative Extension Service Department. Funding
will provide for an on-call program assistant, the creation and presentation of
educational materials to residential property owners, and native tree
voucher/tree giveaways at select events to enhance public understanding about
the preservation of native vegetation canopy and promote efficient use of water
and energy in residential landscapes. This resolution allows for the PRTF to be
used for operational expenses. Countywide (SS)
S. FIRE RESCUE
1. Staff recommends
motion to approve: the appointment of four members to the Regional
Hazardous Materials Oversight Committee for the term beginning on March 17,
2020 through March 16, 2023.
SUMMARY: The Regional Hazardous Materials
Oversight Committee is established in Section 11‑130, Palm Beach
County Code. Appointments to this five member committee are for three year
terms, and members may serve no more than three consecutive three year
terms. The committee is comprised of
members from specific areas of representation.
Michael Geier, Drovica Gosein, Shon Broedell and Robert Madden have been
nominated by their respective areas of representation. The four nominated
candidates consist of a
diversity count of Hispanic‑American: 1 (25%) and Caucasian: 3 (75%), and
a gender ratio of (male:female) 3:1. The vacant Seat 3 member is to be
nominated by Palm Beach County League of Cities. Countywide (SB)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve a Memorandum of Agreement (MOA) for Support
Services for Emergency Distribution of Strategic National Stockpile with the
Florida Department of Health (DOH) to establish a closed Point of Dispensing
(POD) under the United States Department of Health, Cities Ready Initiative
(CRI) program beginning upon execution and remain in effect until otherwise
agreed by the parties; and
B) authorize County Administrator or designee to execute
and approve amendments with the DOH for the above mentioned services.
SUMMARY: Through the CRI, state and large metropolitan county health departments
develop plans for delivering medical countermeasures in response to a
large-scale bioterrorist event within 48 hours. The DOH wishes to collaborate
with Palm Beach County to enhance its ability to respond to a catastrophic
biological incident or other communicable threat of epidemic proportion. This MOA delineates responsibility of the DOH
and the County, for activities related to the prophylaxis for the County’s
personnel that are activated and their immediate family members, under the CRI
in the event of a nuclear, biological, or chemical emergency, catastrophic
biological incident, or other communicable threat of epidemic proportion. DOH
will provide the resources and training needed to supply a closed POD for
County personnel that are activated. The
continuity of operations is more likely when essential personnel are available
to report and carry out their duties. While the majority of the population will
be directed to open PODs established for the general public to receive
medications, the County’s activated personnel will report to this closed POD
established specifically for County’s personnel that are activated and their
immediate family members to receive their doses. Countywide (LDC)
2. Staff recommends
motion to:
A) receive and file the Emergency Medical Services (EMS) County
Grant ID Code C8050 Award Letter from the State of Florida Department of
Health, Bureau of EMS to improve and expand the EMS system for the period
December 26, 2019 through December 18, 2020, in the amount of $155,993; and
B) approve a downward budget amendment of $4,796 in
the EMS Grant Fund to adjust the budget to reflect the actual grant award of
$155,993.
SUMMARY: The
EMS County Grant (CSFA #64.005) is an annual grant provided to Palm Beach
County from the Florida Bureau of EMS, to improve and expand the EMS
system. The funds are used to purchase
EMS equipment which is distributed to EMS providers and other agencies that are
eligible for EMS grant funding. On November 19, 2019, R2019-1801 authorized the
County Administrator to sign the FY2019-2020 annual EMS county grant
application. No county matching funds
are required for this grant. Countywide (LDC)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends motion to approve: renewal of the excess property, excess liability, and excess workers’ compensation insurance programs for the period April 1, 2020 through March 31, 2021 purchased under Contract No. 15-050/LJ through the County’s contracted broker, Arthur J. Gallagher Risk Management Services, Inc., at a total cost not-to-exceed $11,415,154. SUMMARY: The projected 2020-2021 excess insurance program renewal premiums reflect a total not-to-exceed cost of $11,415,154, which is a 12% increase over the expiring premium. While the County’s loss experience has remained stable, the insurance industry has responded to numerous catastrophic events resulting in substantial losses. As a result, rate increases are being assessed on most lines of coverage, regardless of the County’s loss experience. The current estimated premiums represent the highest price point. The contracted broker will continue to negotiate with excess carriers until the April 1st renewal date. The County’s total insurable property value currently stands at $2.6 billion. Coverage limits contemplate probable maximum loss estimates using various modeling scenarios and include a $1 million self-insured retention with a 4% windstorm deductible per insured location. The program also includes $5 million of excess liability insurance and excess workers’ compensation insurance covering all costs in excess of $2 million per occurrence. All state mandated surcharges and assessments are included within the estimated cost. Sufficient funds are budgeted for this coverage. Countywide (HH)
BB. YOUTH SERVICES
1. Staff recommends
motion to:
A) approve an Agency Affiliation Agreement with Florida
Atlantic University Board of Trustees (University) for one year, effective upon
approval of the parties, with three automatic one-year renewal options, for its
students to complete planned and supervised clinical experiences required for a
Master’s or Doctoral degree, at various Youth Services Department facilities,
with no additional cost to the County; and
B) authorize the County Administrator or designee to
execute any future agreements/ minor amendments with Florida Atlantic
University Board of Trustees to provide clinical supervision to students
seeking training and experience in graduate programs of psychology, social work
or other related fields.
SUMMARY: The Youth Services Department’s Residential
Treatment and Family Counseling Division continues to be an authorized
counselor training facility for many state colleges and universities offering
degrees in graduate programs of psychology, social work or other related fields
of educational study. Master’s/Doctoral Degree programs require field education
experience to meet degree and licensing requirements. The County will continue
to offer its services and programs as a means for students to obtain the
necessary training and experience to earn their respective degree. There are no
costs associated with this agreement. Approval of the delegated authority will
allow the County Administrator or designee to execute any future agreement/minor
amendments with the University, for supervised clinical field educational
experience. Pursuant to PPM# CW-F-049, the Board is notified that standard
indemnification provisions are not included in this agreement as both FAU and
the County are protected by sovereign immunity and FAU students will be covered
by the negotiated contractual insurance provision, and there is limited risk of
loss. This
alternate language has been approved by both the County Attorney and Risk Management.
Countywide (HH)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
B. YOUTH SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A)
a Community Based Agency
Contract with Digital Vibez, Inc., for the period March 17, 2020 through
September 30, 2020, in an amount not to exceed $138,750 for the Wellness
Workshop and Fitness Jamz Program; and
B) a budget transfer of $138,750 in the
General Fund from the Head Start Match reallocation (Unit 1451) for
evidence-based/promising programming to fund the cost associated with this contract.
SUMMARY: The Wellness Workshop and Fitness Jamz
Program (Program) is designed to combat childhood obesity. Over the Contract
period, the Program will serve a projected 750 youth ages 5 – 12 at a number of
out-of-school and summer camps in high-need communities throughout Palm Beach
County. The Program is an eight-week session that will cover: dance; health
education; nutrition; music; and physical education, and will end with the
Fitness Jamz Family Night event, which is focused on parental engagement, and
provides an opportunity for youth participants to showcase their
accomplishments and hard work to their families and caregivers through an educational
and physical engagement event. The Fitness Jamz Family Night event also
receives partial funding from Prime Time Palm Beach County to assist with a
portion of these events expenses. In addition, the agency holds an annual
KidsFit Jamathon. The Jamathon is a
three-hour fitness event, where approximately 3,000 youth celebrate their
accomplishments and gain additional resources to help them sustain a healthy
lifestyle. This contract includes a logic model and
reporting measurements specific to the agency and the work performed.
After completion of the contract period, a report will be developed detailing
the agency’s progress in meeting their performance measurements. Approval
of this agenda item is contingent upon Board approval of the Office of Financial
Management & Budget’s March 17, 2020, agenda item for balances brought
forward. Countywide (HH)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept
on
behalf of the Palm Beach County Sheriff’s Office, Grant Modification Notices 8
and 9 with the U.S. Department of Homeland Security, Transportation Security
Administration (TSA), to provide $42,084 in supplemental funding; and to extend
the contract agreement from January 1, 2020 through February 29, 2020; and
B) approve a budget amendment of $42,084
in the Sheriff’s Grants fund.
SUMMARY: The Board of
County Commissioners accepted this grant for $1,010,000 on May 17, 2016
(R2016-0670) to fund five Canine Teams at the Palm Beach International Airport
(PBIA) through TSA’s National Explosives Detection Canine Team Program
(NEDCTP). The contract period was for four years commencing on January 1, 2016
through December 31, 2019. Grant
Modifications 8 and 9 provide $42,084 in additional funding to offset the costs
of the five Canine Teams at PBIA. Grant
Modifications 8 and 9 also extend the contract from December 31, 2019 through
February 29, 2020. The purpose of the
TSA NEDCTP Program is to provide enhanced security at the PBIA to promptly
respond to threats and suspected explosive devices which affect air carrier
operations. There is no match requirement associated with this award. No
additional positions are needed and no additional County funds are required. Countywide (LDC)
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends
motion to approve: a budget transfer of $115,000 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office
(PBSO). SUMMARY: Section
932.7055(5), Florida Statutes; provides that the seizing agency shall
use forfeiture proceeds for school resource officer, crime prevention, safe
neighborhood, drug abuse education and prevention programs, or for other law
enforcement purposes, which include defraying the cost of protracted or complex
investigations, providing additional equipment or expertise, purchasing
automated external defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes;
also requires that no less than 25% of the LETF’s previous year’s revenues be
used for the support or operation of drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood and school resource officer
programs of various non-profit organizations. The PBSO’s FY 2020 donation
requirement is $240,941. The PBSO’s support of these programs exemplifies its
strong commitment to the prevention and reduction of crime throughout the
communities it serves and its desire to put money back into these communities
to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations
after approval of this item is $513,888.
The funds requested are to aid PBSO and qualified organizations that
meet the requirements set forth in Section
932.7055(5), Florida Statutes. Use of LETF requires approval by the
Board, upon request of the Sheriff. The
current State LETF balance is $2,346,159. Approval of this request will reduce
the State Law Enforcement Trust Fund balance to $2,231,159. The
PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida
Statutes. Below is a table indicating
the organizations the PBSO seeks to fund and the corresponding amount of
funding proposed per respective organization or agency. No new positions are needed and no additional
County funds are required. Countywide (LDC)
ORGANIZATION |
AMOUNT |
Child Protection Team of
Palm Beach, Inc. |
$15,000 |
Children's Case
Management Organization, Inc. |
$5,000 |
Club 100 Charities, Inc. |
$5,000 |
Eat Better Live Better,
Inc. |
$15,000 |
GBDC Entrepreneurship
Institute, Inc. |
$10,000 |
Meals on Wheels of the
Palm Beaches, Inc. |
$15,000 |
Palm Beach Area Tennis
Patrons, Inc. |
$25,000 |
Palm Beach County PAL,
Inc. - Youth Summit |
$15,000 |
YWCA of Palm Beach
County, Inc. |
$10,000 |
|
|
Total
Amount |
$115,000 |
MARCH 17, 2020
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends
motion to approve: a budget transfer of $900,000 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO)
to be used for the FY2020 match for the 2017 COPS Hiring Program grant. SUMMARY: Section 932.7055(5), Florida Statutes, provides that the seizing
agency shall use forfeiture proceeds for school resource officer, crime
prevention, safe neighborhood, drug abuse education and prevention programs, or
for other law enforcement purposes, which include defraying the cost of
protracted or complex investigations, providing additional equipment or
expertise, purchasing automated external defibrillators, and providing matching
grant funds. The funds requested will be used for the FY2020 match for the U.S.
Department of Justice Office of Community Oriented Policing Services 2017 COPS
Hiring Program grant. Use of LETF requires approval by the Board, upon request
of the Sheriff. The current State LETF
balance is $2,231,159. Approval of this request will reduce the State Law
Enforcement Trust Fund balance to $1,331,159. The PBSO certifies that the use of
these funds is in accordance with Section 932.7055, Florida Statutes. No new positions are needed and no
additional County funds are required. Countywide (LDC)
* * * * * * * * * * * *
MARCH 17, 2020
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: budget amendments
and transfers in various funds reflecting adjustments for balances brought
forward, other revenues, reserves and operating expenses. The total of the adjustments is an increase
of $115,327,997 in 158 funds. SUMMARY: These budget amendments and
transfers are necessary to adjust FY 2020 budgets to reflect differences
between actual and estimated revenues and expenditures of FY 2019. These
amendments adjust the balances brought forward, various revenue, expenditure,
and reserve accounts to their audited balances. The proposed adjustments
include $27,993,127 additional reserves in the General Fund. The adjustment is a result of:
·
$15,307,208 net
increase in revenues, excess fees and commission refunds from Constitutional
Officers and Judicial: Sheriff’s Office $5,097,330, Clerk and Comptroller
$291,983, Supervisor of Elections $113,597, Tax Collector $8,777,662, Property
Appraiser $936,584, Judicial $90,051;
·
$9,664,209 BCC
department expenditures less than and revenues greater than originally
estimated;
·
$233,885 in other
agencies i.e. Commission on Ethics, Health Department, General Government, etc.
expenditures and revenues greater than originally estimated, and
·
$2,600,453 in major
and other revenues greater than estimated.
FY 2021 budget projections currently assume these additional reserves
will be carried forward to balance the annual budget. Countywide (DB)
* * * * * * * * * * * *
MARCH 17, 2020
5. REGULAR AGENDA
A. PARKS
& RECREATION
1. Staff recommends
motion to approve:
A) a first amendment
to Lease Agreement (R2018-0121) with the City of Palm Beach Gardens (City) to
include additional language regarding non-discrimination and revenue sharing;
and
B) a Public
Private Partnership Sublease Agreement, as amended by Amendment No. 1, between
the City and the Palm Beach North Athletic Foundation, Inc. (Foundation) for
the development, construction and operation of an Indoor Recreational Facility
at the Gardens North County District Park (Park).
SUMMARY: On January 23,
2018, the Board approved a 50-year lease agreement with the City for the
construction and operation of a district park on 81.7 acres that serves the
residents and visitors of northern Palm Beach County. The first phase of the
park, which was opened to the public on June 29, 2019, included five lighted
multipurpose fields, a restroom/concession building, a playground, splash pad,
and associated infrastructure. All elements identified as Phase 1 in the lease agreement
have been completed and are open to the public. A majority of the elements
identified as Phase 2 in the lease agreement, including two lighted multipurpose
fields, an open play area, a restroom, playground nature trails and related
infrastructure have also been completed and are open to the public. The only
element identified in Phase 2 of the approved master plan that has yet to be
constructed is an indoor sports center.
The City received inquiries from various private groups interested in
developing and operating an indoor recreational facility under a public-private
partnership. The City secured responses from qualified proposers for the
design, construction, operation and maintenance of an indoor facility through a
publicly advertised RFP process. The Foundation was the only responsive and
responsible proposal that was received. The Foundation’s proposal calls for the
development, construction and operation of a 200,000 square foot indoor
recreation facility. Amenities identified within the facility include two ice
rinks, six multi-sport courts, five multipurpose rooms, squash courts, a
jogging track, children’s play area, fitness area and concession/restaurant.
Construction is expected to commence within 18 months of agreement execution.
The fundraising plan requires the project to be fully funded by May 31, 2023,
and construction completed by December 31, 2028. The public-private partnership
is supported by the nine surrounding municipalities in the North County area
and have submitted letters of support. The original lease agreement was
executed under the assumption that the City would construct the indoor sports
facility; therefore, no language regarding the sharing of sublease revenue was
included. A provision has been added to
Section 2 of the lease agreement stating that the County will share any revenue
that exceeds the City’s annual maintenance cost for the park. Section 4.07 of
the lease agreement was also modified to include the County’s latest
non-discrimination policy. District 1 (AH)
MARCH 17, 2020
5. REGULAR AGENDA
B. AIRPORTS
1. Staff recommends
motion to adopt: a resolution approving the submittal of an application
for entry of the North Palm Beach County General Aviation Airport into the
Federal Contract Tower (FCT) Program; and authorizing the County Administrator
or designee to execute and submit all forms, applications and other
documentation necessary for the North Palm Beach County General Aviation
Airport to be considered for entry into the FCT Program. SUMMARY: This resolution approves the submittal of an application
for North Palm Beach County General Aviation Airport (F45) to be entered into
the FCT Program. As part of the First Addendum to the Interlocal Agreement
(R2016-0468) with the City of Palm Beach Gardens (Interlocal Agreement), the
County agreed to apply to the Federal Aviation Administration (FAA) for
construction of an air traffic control tower at F45 upon completion of an
extension to the crosswind runway (Runway 14/32) from 4300 feet to 6000 feet in
length. The County has initiated an Environmental Assessment (EA) required
under the National Environmental Policy Act (NEPA), which is required to
receive approval to construct the runway extension. In order to ensure timely compliance with the
requirements of the Interlocal Agreement, the Department of Airports recommends
submitting an application to the FAA pending completion of the EA due to the
lengthy process involved in obtaining approval into the FCT Program. This resolution also provides for a
delegation to the County Administrator or designee to execute and submit all
forms, applications and other documentation necessary to apply for entry into
the FCT Program. For purposes of this delegation, the Director of Airports is
considered a designee of the County Administrator. Countywide (AH)
MARCH 17, 2020
5. REGULAR AGENDA
C. PALM TRAN
1. Staff recommends
motion to approve: the Fare Collection System contract with Genfare, a
Division of SPX Corporation, in the amount of $10,912,988.64, effective March
17, 2020 for a ten year term with two three year options for renewal. SUMMARY:
On May 15, 2019, Palm Tran issued a Request for Proposal (RFP) for a new Fare
Collection System (FCS) for its Fixed Route Bus Services. Palm Tran received
two proposals to the RFP. Genfare was selected as the successful bidder for the
installation of the new FCS. Genfare will be responsible for all services,
labor, supervision, materials, documentation, development, installment, testing
and training of a fully integrated FCS that supports and facilitates Palm
Tran’s business operation. The capital funding for this project is being
provided through the Palm Beach County Transportation Planning Agency (TPA) and
the Federal Transit Administration (FTA) Section 5307 Formula grant. The total
contract amount is $10,912,989 which consists of a base cost of $6,358,771 for
the system equipment and installation. The contract includes on-going
Operations and Maintenance support costs for ten years, $84,048 for the first
year’s cloud hosting, with two optional three year extensions, totaling
$4,466,804 if all 16 years are utilized. The Disadvantaged Business Enterprise
(DBE) participation percentage of this contract is 6.3%. The contract
contains an indemnification provision that differs from the County’s standard
requirements. In accordance with PPM CW-F-049, the Department of Risk
Management and the County Attorney’s Office have negotiated with Genfare and
agreed to limit Genfare’s indemnification to the County to the extent arising
out of Genfare’s negligent, reckless, intentional, malicious or wrongful acts
or omissions. The contract also contains a limitation of liability for
Genfare at an amount not-to-exceed of $16,280,661. The new,
state-of-the-art FCS will provide Palm Tran with 165 new validating fareboxes,
22 ticket vending machines, 6 agency point of sale machines, testing/maintenance/training
equipment and back office software that supports account-based sales, mobile
applications, inventory management, revenue management and website purchases.
It will also include 600 retailers within the point of sell network, those of
which will be dispersed geographically across Palm Beach County to ensure
accessibility. The FCS will also allow interoperability with the South Florida
region, including, but not limited to Broward County Transit, Miami-Dade
Transit and South Florida Regional Transit Authority (Tri-Rail), which will
foster a more efficient transfer between systems. Palm Tran is scheduled to
complete the installation of 165 fareboxes and 22 ticket vending machines in
August 2020. The implementation of mobile ticketing and retail outlet sales
will follow in September 2020. Additionally, fare capping, fully functional
account based set-up will be implemented by September 2020. All open payment
options (i.e. contactless credit/debit cards, Apple Pay and Google Pay) will be
implemented the first quarter of 2021. Fare capping will ensure the rider never
pays more than the lowest fare structure for a particular period of time. The
new FCS will assist Palm Tran with implementing a Regional Interoperability
program by Fall 2020. The contract requires a separate payment processing
agreement to be brought back to the BCC for execution. If the payment
processing agreement cannot be negotiated within 90 days from execution of this
contract, the Executive Director of Palm Tran is authorized to extend the 90
day time period to continue negotiating the payment processing agreement. Countywide
(DR)
MARCH 17, 2020
5. REGULAR AGENDA
D. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff requests
board direction: regarding a
Second Modification and Restatement of Deed Restrictions on approximately 6.144
acres of property previously donated by the County to the Elizabeth H. Faulk
Foundation, Inc. (Foundation). SUMMARY: The Elizabeth Faulk H. Foundation,
Inc. was organized in 1971 as a Florida not-for-profit corporation with the
charitable purpose of “providing free psychological and consultation services
to the needy”. In 1979, the County conveyed approximately 10 acres of
land located on the West side of Boca Rio Road just north of S.W. 8th
Street to Foundation. The Foundation constructed a 13,000 SF building on
roughly four acres of the property in which it operates its Faulk Center for
Counseling. In 2013, Foundation was approached by a developer who proposed
to develop a 96 unit/117 bed senior assisted living facility on the remaining
undeveloped six acres of the property. The developer proposed a
complicated financial and organizational structure which would create a revenue
stream for Foundation and would provide Foundation the opportunity to provide
Alzheimer’s and memory care services to elderly residents in the Assisted
Living Facility (ALF). This financial structure involved tax exempt bond
financing and required modification of the deed restrictions. In 2014,
the County modified the deed restrictions to release the County’s reverter;
restrict use of the property to: i) mental health counseling and rehabilitation
of the mentally ill; and ii) the development, use and operation of a senior
living facility with assisted living units accommodating approximately 117
assisted living beds providing memory care services; allow for conveyance of
the property to an affiliate of Foundation; and allow the property to be
mortgaged for purposes of securing financing. Unfortunately, the developer
seriously miscalculated the construction costs of the project, and walked
away from the project after the bonds were issued but prior to commencement of
construction, which resulted in foreclosure of the mortgage on behalf of
the bondholders by PJPF Holdings, LLC (PJPF) and the Foundation’s loss of
approximately six acres. As a result of foreclosure of the mortgage,
the property can be used as a general ACLF and is not required to provide
memory care services. Since it
acquired title in 2018, PJPF has sought to sell the foreclosed property for
development consistent with the existing deed restrictions. PJPF entered into a
contract to sell the property to Protea Senior Living Boca Raton, LLC which is
willing to develop an ALF using essentially the same design as previously
proposed, will provide memory care services and will perform improvements which
will benefit the Foundation’s remaining property, including new access drives,
improved surface water management and connection to public water and
sewer. Foundation and Protea will also enter into a unity of control which
requires that the development be in accordance with the Site Plan approved by
the Foundation. Protea is requesting the deed restrictions be further
modified to: i) remove the requirement that the Property remain owned by a
not for profit entity, ii) approve the conveyance of the foreclosed
property to Protea Senior Living Boca Raton, LLC; iii) clarify that assisted
living services may will be furnished at the facility together with
memory care services; and iv) releasing upon receipt of a Certificate
of Occupancy for Protea’s ALF, the County’s approval rights for future
conveyance or encumbrance of the foreclosed property shall terminate. The
Foundation and staff both supports the requested modification of
the restrictions. as this will continue to require development of Development
of Protea’s project will provide assisted living units and provide with
memory care services consistent with the original restrictions and will also
provide Foundation with an opportunity to provide mental health services to
residents within Protea’s ALF, which was the goal of the previous transaction.
needed improvements. In the event the Board does not approve the
modification of restrictions, Protea will be unable to move forward its
project, and it is possible that PJPF could sell the property to a developer
who would be less cooperative and not agree to provide memory care
services. In any event, resolution of
this issue would continue to drag out for years. Due to the unusual nature of this
transaction, staff is requesting Board direction. (Property & Real Estate Management) District 5 (HJF)
E. ADMINISTRATION
1. ADD-ON:
Staff recommends
motion to ratify: the Mayor’s
signature on the State of Emergency Declaration for Palm Beach County effective
March 13, 2020 in response to the imminent threat posed by the COVID-19
coronavirus. SUMMARY: A Declaration
of a State of Emergency was declared by Mayor Dave Kerner effective March 13,
2020, in accordance with Section 9-35 of the Palm Beach County Code. This section provides that whenever an
emergency has placed the citizens of Palm Beach County in danger of loss of
life or property, and the Board of County Commissioners is unable to meet in a
timely manner, a state of emergency can be declared by the Mayor, the
Vice-Mayor in the Mayor’s absence, or the County Administrator in the absence
of the Mayor and Vice-Mayor. Ratifying
the Mayor’s signature will provide the Board’s concurrence with the declaration. A declaration of emergency activates
applicable county emergency plans and provides expanded levels of authority to
the County Administrator. Countywide
(LDC)
* * * * * * * * * * * *
MARCH 17, 2020
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 17, 2020
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
MARCH 17, 2020
District 1 – COMMISSIONER HAL R. VALECHE
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARY LOU BERGER
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD
MARCH 17, 2020
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."