June 16, 2020
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JUNE 16, 2020
PAGE ITEM
7 3A-2 MOVED TO REGULAR (NOW 6F-1)
32 3S-3 REVISED MOTION AND SUMMARY: Staff recommends motion to: A) adopt a consent to a proposed the Town of
Lantana’s (Town) Amendment of ordinance amending its
Firefighters’ Pension Fund plan (Plan) as set forth in the Town’s
proposed ordinance; and B) direct
staff to communicate to the Town the County’s express written consent to the Town’s
amendment of its Firefighters’ Pension Fund Plan as set forth in the Town’s
proposed ordinance. proposed Town ordinance amending the Plan.SUMMARY:
According to the requirements outlined in the Interlocal Agreement with
the Town of Lantana for fire-rescue services, the Town shall not make any
changes to the Town’s Firefighters’ Pension Fund without first obtaining the
express written consent of the County. The County has been asked to consent to
the proposed plan amendment which is being made as a result of changes made in
Article 34 - Pension of the FY2006 through FY2008 Collective Bargaining
Agreement (R2005-1925) between Palm Beach County and Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. The proposed ordinance includes changes in
Chapter 14 Personnel, Article IV Pensions and Retirement. These changes are primarily due to Florida
Statute, Internal Revenue Code and Chapter 175 regulation changes. The Fire Rescue Administrator and the Union
President have provided their written mutual agreement in satisfaction of the
requirements of Article 34, Section 4, and agree to the amendments to the
ordinances relating to the Pension Fund proposed by the Board of Trustees of the Pension Fund.
Based on the Town of Lantana Firefighters’ Pension Fund Actuarial
Impact Statement, the proposed changes on contributions and obligations is de
minimis. Countywide (SB) Pursuant to the Interlocal Agreement with the
Town relating to the Plan, which covers County firefighters who were formerly
employed by the Town, the County assumed the employer responsibilities under
the Plan and the Town may not make any changes to the Plan without the express
written consent of the County. The Board
of Trustees of the Plan have determined that certain amendments are necessary
to ensure compliance with law or to effectuate the purposes of the Plan. In accordance with Article 34, Section 4, of
the Collective Bargaining Agreement, the Fire Rescue Administrator and the
Union President will enter into a written mutual agreement to agree to the Plan
amendments. The Plan’s Actuarial Impact Statement indicates that the effect of
the proposed changes on contributions and obligations is de minimis. Countywide (SB) (F/R)
49 6E-1* REVISED MOTION AND SUMMARY: Staff recommends
motion to approve: A) a budget transfer of $4,500,000 from the
General Fund contingency reserves to the Clerk of Court Fund 1903; and B) an
emergency fund agreement with the Clerk & Comptroller of Palm Beach County
to repay the funds to the County if the State legislature allocates funding
relating to the Clerk’s COVID-19 related to budgetary shortfall or excess court
related funds are available. SUMMARY: Funding
will be used to pay the salaries of essential employees at the Clerk &
Comptroller’s office due to the decline of court-related revenues, affiliated with
COVID-19. The funding will be transferred from the General Fund contingency
reserves to the Clerk of Court Fund. By July 2020, the
Clerk & Comptroller, Palm Beach County (Clerk) expects to exhaust funds
that pay the salaries of essential employees. These employees provide critical
court-related services in support of public safety, access to justice and
commerce in Palm Beach County. Repayment will be made to the County if the State
legislature provides funding for the shortfall or excess court related funds are
available.
(Budget)
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
JUNE 16, 2020
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 7-40)
4. SPECIAL
PRESENTATIONS (Page 41)
5. PUBLIC HEARINGS - 9:30 A.M. (Pages 42-44)
6. REGULAR AGENDA (Pages 45-49)
7. BOARD APPOINTMENTS (Page 50)
8. STAFF COMMENTS (Page 51)
9. BCC
COMMENTS (Page 52)
10. ADJOURNMENT (Page 53)
* * * * * * * * * * *
JUNE 16, 2020
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Cooperative Agreement with the U.S.
Department of Housing and Urban Development FY 2020 Education and Outreach Fair
Housing Assistance Program
3A-2 Resolution denouncing antisemitism,
anti-Asian bigotry, and all hateful speech, violent action and the spread of
misinformation related to COVID-19
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
Page 8
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Amendment to contract with Wynn and Sons
Environmental Construction Co. Inc. for pathway and minor construction
3C-2 Contracts for annual traffic signal services
with Propel Engineering, Inc. and Simmons & White, Inc.
Page 9
3C-3 Contract with Poseidon Dredge & Marine,
Inc. for construction of Loxahatchee River Road at the SFWMD C-18 Canal
Page 10
3C-4 Resolution declaring the acquisition of a
parcel as fee simple right-of-way for construction improvements at the
intersection of West Linton Boulevard and South Military Trail
3C-5 Amendment to the Infrastructure Surtax
Project Plan increasing the budget for the Prairie Road over LWDD Lateral 8
Canal bridge project
Page 11
3C-6 Work task order to contract with Mock, Roos
& Associates, Inc. for the Belvedere Heights Phase II project
E. COMMUNITY SERVICES
Page 11
3E-1 Agreement with The Salvation Army for financial
assistance related to the Parks to Work and Assertive Community Outreach
Initiatives
Page 12
3E-2 Amendment to contract with CareerSource Palm
Beach County, Inc. revising the language related to trades training to
low-income participants
3E-3 Receive and file Notice of Award Grant from
the U.S. Department of Health and Human Services, Health Resources and Services
Administration to continue improving health outcomes for people living with HIV
Page 13
3E-4 Receive and file the U.S. Department of Housing
and Urban Development Youth Homelessness Demonstration Grant Application to
support and end youth homelessness
Page 14
3E-5 Amendment to contract with The Urban League
of Palm Beach County, Inc. for financial literacy and workforce development for
low-income families
3E-6 Amendment to contract with South County
Mental Health Center, Inc. for provision of mental health services to residents
with mental illness
JUNE 16, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 15
3F-1 Amendment
to contract with The Morganti Group, Inc. for the Wallis Road Drainage and
Roadway Improvements Phase 1 project
3F-2 Receive
and file non-signatory airline agreement with Sun Country, Inc. for commercial
air service
3F-3 Receive
and file a license agreement with PBI Post Distr. LLC for staging and storage
of materials
Page 16
3F-4 Resolution
approving a Public Transportation Grant Agreement with the Flo9rida Department
of Transportation to Construct Fuel Farm and Wash Rack – Phase 2
3F-5 Amendment
to agreement with AECOM Technical Services, Inc. for planning and design
services
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Settlement
offer for Jon Melchiori for satisfaction of a code enforcement lien
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Time
extension with Ovations Food Services L.P. for the Convention Center
Page 18
3H-2 Work order to contract with Andrea
Construction, Inc. for the State Attorney’s Office – Lobby Area Security
Modifications project
3H-3 Receive and file amendment to three contracts
for mechanical, electrical, plumbing and engineering services
Page 19
3H-4 Receive and file amendment to two contracts
for construction management services
Page 20
3H-5 Amendment to nine contracts for low voltage
removing the cumulative capacity maximum
Page 21
3H-6 Work order to contract with D.A.C. Air
Conditioning Corp for the Water Utilities Department Water Treatment Plant #9
Exhaust Fan Replacement project
3H-7 Amendment to two contracts for architectural
services extending the contracts for one year
Page 22
3H-8 Change order to contract with Lebolo
Construction Management, Inc. for the Philip D. Lewis Homeless Resource Center
project
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 23
3I-1 Receive
and file documents executed in connection with a loan made to Prestige
Commercial Kitchen, Inc., under the Housing and Urban Development Section 108
Loan Program
J. PLANNING, ZONING & BUILDING
Page 24
3J-1 Resolutions and tax exemptions for historic
rehabilitation for three properties located within the Town of Palm Beach
Page 25
3J-2 Resolution and tax exemption for historic
rehabilitation for a property located within the City of Delray Beach
Page 26
3J-3 Resolutions and tax exemptions for historic
rehabilitation for three properties located within the City of West Palm Beach
Page 27
3J-4 Reappointment
to the Construction Board of Adjustments and Appeals
JUNE 16, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 27
3K-1 Non-standard
potable water and wastewater development agreement with CVH PBIA, LLC
3K-2 Receive and file standard potable water and
wastewater development agreement with Boynton Beach Associates XXII, LLLP
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 28
3L-1 Receive and file amendment to State of
Florida Department of Environmental Protection Standard Grant Agreement to
correct the expiration date
3L-2 Detailed Work Plan Budget – Arthropod
Control and Operational Work Plan for Mosquito Control for the State Financial Assistance
Recipient Agreement with the Florida Department of Agriculture and Consumer
Services
Page 29
3L-3 Agreement with The Nature Conservancy for
the Palm Beach Resilient Islands project
3L-4 Agreement with the State of Florida
Department of Environmental Protection Florida Greenways and Trails Program for
Jupiter Ridge Natural Area
Page 30
3L-5 Task order to contract with Terracon
Consultants, Inc. for the Loxahatchee River Watershed Hydrological Refinements
– Phase 1 project
3L-6 Contract with the Florida Fish and Wildlife
Conservation Commission to provide oyster monitoring in the Lake Worth Lagoon
M. PARKS & RECREATION
Page 31
3M-1 Budget transfer to construct six new day use
pickleball courts at Carlin Park
3M-2 Budget transfer for the John Prince Park
Pickleball Court Improvement project
S. FIRE RESCUE
Page 31
3S-1 Ratify a FY 2020 Assistance to Firefighters
Grant Program – COVID-19 Supplemental grant application
Page 32
3S-2 Ratify a FY 2019 Staffing for Adequate Fire
and Emergency Response grant application for additional firefighters in the
Glades area
3S-3 Consent to the Town of Lantana’s Amendment
of its Firefighters’ Pension Fund Plan
Page 33
3S-4 Waiver of Liability for Palm Beach County
Fire Rescue Temporary Storage and Demonstration Use of Lenco BearCat vehicle
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Delegation
to the County Administrator signatory authority to establish and maintain accounts
on mobile application platforms
X. PUBLIC SAFETY
Page 34
3X-1 Receive and file amendments to
contracts/Interlocal agreement for the Second Chance Act Innovations in Reentry
Initiative
3X-2 Receive and file grant adjustment notice
with the U.S. Department of Justice, Office of Justice Programs
Multidisciplinary Response to Families and Communities in Complex Homicide
Cases grant award
Page 35
3X-3 Federally Funded Subaward and Grant
Agreement with the State of Florida, Division of Emergency Management to
reimbursement of seven eligible Hurricane Dorian projects
3X-4 Receive and file Memorandum of Agreement
with the City of Miami for the Urban Area Security Initiative
JUNE 16, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 36
3AA-1 Resolution approving a Public Transportation Grant Agreement for
provision of services in the rural areas of Palm Beach County
Page 37
3AA-2 Receive and file Federal Transit Administration application to
reimburse Hurricane Irma related expenses
3AA-3 Agreement with CareerSource Palm Beach County, Inc. for a service
deviation to provide transportation to the CareerSource offices
BB. YOUTH SERVICES
Page 38
3BB-1 Amendment to contract with The School Board of Palm Beach County,
Florida for the Project to Ease the Effects of Adverse Childhood Experiences
Page 39
3BB-2 Interagency agreement with the Florida Department of Children and
Families for reimbursement of eligible expenses consistent with Title IV-E
3BB-3 Contract with The Children’s Home Society of
Florida for Visitation Center services
CC. SHERIFF
Page 40
3CC-1 Receive and file grant modification with the
Office of National Drug Control Policy for the Palm Beach County Narcotics Task
Force
SPECIAL PRESENTATIONS
Page 41
4A COVID-19 Update by Dr. Alonso and County
Staff
PUBLIC HEARINGS – 9:30 A.M.
A. PALM TRAN
Page 42
5A-1 Resolution
approving the signing and submission of the FY 2019 Section 5310 grant
application for the enhanced mobility of seniors and individuals with
disabilities
Page 43
5A-2 Grant
application with the Federal Transit Administration for FY 2020 Section 5307
CARES Act
B.
WATER UTILITIES
Page 44
5B-1 Ordinance adding Requirements for Dental
Facilities that Remove or Place Amalgam Fillings and amending sections of
Chapter 27, Article IV of the Palm Beach County Code
JUNE 16, 2020
TABLE OF CONTENTS
REGULAR AGENDA
A. FACILITIES DEVELOPMENT AND OPERATIONS
Page 45
6A-1 Resolution authorizing the sale of a vacant
parcel of County-owned land located at 6673 2nd Street in Jupiter
6A-2 Work Order No. to contract with Farmer &
Irwin Corp. for the Highridge Family Center- Chiller Replacement
B. ENGINEERING & PUBLIC WORKS
Page 46
6B-1 Ordinance amending the Five Year Road
Program ordinance
C. HOUSING AND ECONOMIC SUSTAINABILITY
Page 47
6C-1 Budget amendment to the Affordable Housing
Trust Fund 2019-2020 Budget to recognize a funding increase to the Fiscal Year
2019-2020 State Housing Initiative Partnership Program grant award
6C-2 Application of Caron of Florida, Inc. for the
issuance of the County's Industrial Development Revenue Bonds
D. PALM TRAN
Page 48
6D-1 Resolution authorizing the execution and
submittal of a grant application and agreement with the Florida Commission for
the Transportation Disadvantaged for the provision of discounted Palm Tran
Connection Service passes
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 49
6E-1 Budget
transfer to the Clerk of Court Fund for staffing during COVID-19
BOARD
APPOINTMENTS (Page 50)
STAFF COMMENTS (Page 51)
COMMISSIONER COMMENTS (Page 52)
ADJOURNMENT (Page 53)
JUNE 16, 2020
A. ADMINISTRATION
1. Staff recommends
motion to:
A) approve Cooperative Agreement No. FF204K204023
with the U.S. Department of Housing and Urban Development (HUD) FY 2020 Education and Outreach Fair
Housing Assistance Program (FHAP), Partnership award in the
amount of $17,500 for the Office of Equal Opportunity to undertake education
and outreach activities for the period of July 1, 2020 through November 30,
2020;
B) delegate to the County Administrator or designee,
signatory authority on additional forms and any other necessary documents
related to the FY 2020 Education and Outreach FHAP Partnership award; and
C) approve a budget amendment in the CARES Act
Relief Fund (Fund 1160) in the amount of $17,500 to recognize the CARES Act
Relief award.
SUMMARY: The CARES Act (Act) provides $1.5 million in
COVID-19 related funding to HUD’s Office of Fair Housing and Equal Opportunity.
The County’s Office of Equal Opportunity (OEO), as a local agency currently
participating in HUD’s FHAP, was eligible to receive funds under that Act. The OEO submitted a proposal to HUD,
which was approved. The funding will be used to produce fair housing radio ad
campaigns and brochures in English, Creole and Spanish. Board approval will ensure receipt of the
revenue under this Agreement. Countywide (DO)
2. MOVED TO REGULAR (NOW 6F-1) Staff
recommends motion to
adopt: a resolution denouncing antisemitism, anti-Asian
bigotry, and all hateful speech, violent action and the spread of
misinformation related to COVID-19 that casts blame, promotes racism or
discrimination or harms the County’s Asian and Pacific Islander, Jewish,
immigrant or other communities, and urges
residents to join us in calling attention to these harms and denouncing hate to
help keep us all safe during this unprecedented pandemic and beyond. SUMMARY: At the June 2, 2020 BCC
meeting, staff was directed by the Commission to draft and bring back this
resolution for consideration by the Board. The Anti-Defamation League (ADL) has
set forth a national initiative to call attention to acts of antisemitism and
hate that have been witnessed throughout our country. The ADL has seen a rise in hate crimes,
discrimination and aggression against Asians and Jews throughout the country as
these groups are being blamed for the COVID-19 outbreak and spread. COVID-19 is a public health issue, not a
racial, religious or ethnic one, and the deliberate use of racial or ethnic
terms to describe COVID-19 only encourages hate crimes and incidents at a time
when communities should be working together to get through this crisis. This
resolution denounces antisemitism by affirming its commitment to the safety and
well-being of all community members, by encouraging
prosecution of hate crimes related to COVID-19, by pledging to support
the inalienable rights of all people in our community, who should be treated
with respect and must remain safe during this pandemic, and by calling
attention to these harms and denouncing hate. Countywide (HJF)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Date Meeting
Type
December 17, 2019 Regular
February 4, 2020 Regular
February 5, 2020 Comprehensive
Plan
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Amendment No.
4 to the annual Pathway and Minor Construction contract R2018-0012, Project No.
2017055, dated January 23, 2018, with Wynn and Sons Environmental Construction
Co. Inc. (Wynn), to increase the amount of the contract by $5,390,000. SUMMARY: Approval of Amendment No. 4 will increase
Wynn’s contract from $12,765,000 to $18,155,000 and add counterpart language.
The increased contract amount is based on updated estimates that exceed the
current contract amount to be expended throughout Palm Beach County. To date,
tasks in the amount of $11,008,749 have been authorized for Wynn. Countywide (YBH)
2. Staff recommends
motion to approve:
A) an Annual Traffic Signal Services contract
with Propel Engineering, Inc. (PEI); and
B) an Annual Traffic Signal Services contract
with Simmons & White, Inc. (S&W).
SUMMARY:
Approval of these contracts will
provide the necessary professional services for traffic signals on a task order basis, for Palm Beach County
(County) projects, as required for all user departments. The contract periods
are for 36 months from the date of approval by the Board of County Commissioners.
On May 1, 2019, the Goal Setting
Committee set Affirmative Procurement Initiatives of Small Business Enterprise
(SBE) Evaluation Preference Option 2, with a 20% SBE minimum mandatory
participation goal for these contracts. PEI committed to 77% SBE participation
and S&W committed to 84% SBE participation. Both are County based certified
SBE companies. Countywide (YBH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to:
A) approve a contract with Poseidon
Dredge & Marine, Inc. (Poseidon) in the amount of $967,040.98 for the
construction of Loxahatchee River Road at the SFWMD C-18 Canal (project);
B) receive
and file an interlocal agreement with the Town of Jupiter (Town) for joint
participation and project funding for construction of utility adjustments in
the amount of $44,000; and
C) approve a budget amendment of $44,000 in the
Transportation Improvement Fund to recognize reimbursement funding from the
Town of Jupiter and appropriate it to the project.
SUMMARY: Approval of this contract and budget
amendment will allow Palm Beach County (County) to issue a notice to proceed to
Poseidon, a Palm Beach County based company, to begin construction of the
project. The project consists of sheet pile installation along the western side
of Loxahatchee River Road approximately 200 feet north and south of the C-18
Canal bridge to stabilize the roadway embankment. Incidental work includes
sidewalk replacement to facilitate drainage and comply with ADA requirements
within the project limits. The budget amendment will recognize reimbursement
funding from the Town, as agreed to in the interlocal agreement, for utility
work they requested. The Town shall be responsible for operation and
maintenance of the utility work upon completion of the project. The Goal
Setting Committee set a 20% minimum mandatory Small Business Enterprise (SBE)
participation goal for this contract as the Affirmative Procurement Initiative
on April 3, 2019. Poseidon has agreed to 98.58% SBE participation. Poseidon was
the second lowest bidder. However, the lowest bidder, Ferreira Construction is
not a local firm and the adjustments per the County’s Local Preference
Ordinance triggered the award to Poseidon. Time to complete all work under this
contract shall be no more than 60 calendar days. District 1 (YBH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
4. Staff recommends motion to adopt: a resolution declaring the acquisition of a portion of a residential property designated as parcel 102 (Parcel) as fee simple road right-of-way necessary for the construction of roadway improvements at the intersection of West Linton Boulevard and South Military Trail (Project). SUMMARY: Adoption of this resolution will initiate eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes as amended, against a portion of a residential parcel having an appraised value of $121,174. Eminent domain proceedings for the parcel were originally initiated on December 4, 2018 (R2018-1845). Since that time, the parcel size was modified and the property owner accepted both the modification and the negotiated settlement made by Palm Beach County, but was unable to clear existing encumbrances. Modification to the size of the parcel requires an updated resolution for eminent domain purposes. The parcel is necessary for the construction of a southbound right turn lane at the intersection of West Linton Boulevard and South Military Trail. Eminent domain proceedings are necessary to acquire the parcel free and clear in order to expedite construction of the project, which is funded in the current Five Year Road Program. District 5 (DO)
5. Staff recommends
motion to approve:
A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by
the Board of County Commissioners on April 4, 2017, to increase the budget for
the Prairie Road over LWDD Lateral 8 Canal bridge project (Project) from $600,000
to $1,080,000; and
B) a budget transfer of $480,000 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 $600,000 to $1,080,000. The
increase in cost is due to aging estimates within the IST plan, escalating
construction costs, and the requirement from the permitting agency that the bridge
be replaced with a new bridge rather than a box culvert. The $480,000 will be
transferred from the Engineering Department’s IST Reserve account. The Sales
Tax Oversight Committee reviewed this request at their May 21, 2020 meeting and
approved it unanimously. This Project is
funded through the infrastructure sales tax. District 3 (YBH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) a work task order to the Annual Civil
Engineering Professional Services Contract (R2019-0717) dated June 4, 2019 (Contract) with Mock, Roos &
Associates, Inc. (MRA) in the amount of
$123,702.45 for the Belvedere
Heights Phase II project (Project); and
B) a budget amendment of $185,500 in the capital
outlay fund to recognize reimbursement funding from Westgate Belvedere Homes
Community Redevelopment Agency (CRA) and appropriate it to the project.
SUMMARY: Approval of this work task order will provide the design services
necessary for the installation of sidewalks and lighting within the
Belvedere Heights neighborhood. Per the contract, as amended, the Affirmative
Procurement Initiative is 20% Small Business Enterprise (SBE) participation. MRA proposes 19.07% SBE participation for this
work task order. Their cumulative SBE participation to date including this work
task order is 48.79%. MRA is a Palm Beach County (County) based company. The
CRA received a Local Agency Program (LAP) federal grant through the Florida
Department of Transportation (FDOT) for construction of the project. The CRA is
responsible for funding the design. FDOT requires that the County perform the
design and construction as the LAP certification holder in support of the CRA’s
project. Approval of the budget amendment will recognize reimbursement funding
for the project from the CRA. District
2 (YBH)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: an agreement
for Provision of Financial Assistance
with The Salvation Army, for the period April 1, 2020 through September 30,
2020, in an amount totaling $50,000, to provide emergency shelter to
individuals who are homeless. SUMMARY: This agreement will provide
emergency shelter for nine homeless individuals per night 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 outreach effort. Parks to Work is a program
designed to assist homeless individuals in Palm Beach County parks. Assertive Community Outreach provides
comprehensive services to individuals who are diagnosed with severe mental
illness, whose needs have not been met by a more traditional service delivery
model. 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. The individuals
will be provided with shelter, case management, employment assistance and rapid
re-housing or permanent supportive housing placement assistance. Since the
inception on February 12, 2018, 49 individuals have participated in the Parks
to Work program. Currently, 49% of the participants are housed through
emergency shelter and/or supportive housing. The 49 individuals that
participated in the program received mainstream intensive case management,
including: medical care; substance use disorder treatment; mental health;
behavioral health; vocational skills; employment skills; and financial
education. Twenty-nine percent of the participants have maintained full time
employment outside of the Parks to Work program. (Division of Human
& Veteran Services) Countywide (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff
recommends motion to approve: Amendment No. 2 to the contract for Provision of Professional Services
with CareerSource Palm Beach County, Inc. (CareerSource) (R2019-1614), for the
period August 1, 2019 through September 30, 2020, to revise language in Exhibit
B – Units of Services Rate and Definition with no change in the overall amount
of the contract, in an amount not to exceed $100,000, to provide Certified
Driver’s License (CDL), Forklift and Construction Trades training services to
low-income participants. SUMMARY:
Amendment No. 2 is necessary in order to revise language in Exhibit B with no
change in the overall amount of the contract. The payment terms and conditions
are updated to align with federal grant sources. CareerSource is qualified to
provide various training services for the Community Action Program. Funding is
provided by the Community Services Block Grant through the Department of
Economic Opportunity. CareerSource, in partnership with Palm Beach State
College is providing construction trades training, which includes core classes
and welding, electrician, plumbing or heating, ventilation and air conditioning
programs. CareerSource also partners with other schools to provide CDL and
Forklift trainings. The original contract in its entirety will serve a minimum
of 15 clients. Charles Duval, an employee of CareerSource is a member of the
Farmworker Program Advisory Board (FWPAB) and Sandra Wright, an employee of
CareerSource is a member of the Community Action Advisory Board (CAAB). Both
the FWPAB and CAAB provide no regulation, oversight, management, or
policy-setting recommendations regarding the subject contract or transaction.
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. (Community Action Program) Countywide (HH)
3. Staff recommends
motion to:
A) receive and file a final Notice
of Award (NOA) Grant Award No. 6 H89HA00034-27-01 from the U.S. Department of
Health and Human Services, Health Resources and Services Administration (HRSA),
for the budget period March 1, 2020 through February 28, 2021, in the amount of
$7,458,808, for new and existing programs to continue improving health outcomes
for people living with HIV;
B) approve a budget
amendment of $3,171,166 in the Ryan White Care Program fund to align the budget
with the actual grant award; and
C)
authorize the County Administrator or designee to execute Ryan White subrecipient
funding agreements, amendments, and other documents necessary to align with
actual allocations of the grant award.
SUMMARY: A final NOA was received on April 2, 2020 from HRSA. The total grant
award for the Grant Year (GY) 2020, including this final NOA is $7,458,808.
This award amount is an increase of 1.5% or $108,564 from GY 2019, after
receiving a decrease in funding each year for the prior five years. On November
5, 2019, the Board of County Commissioners (BCC) ratified the Mayor’s signature
on the Ryan White Part A HIV Emergency Relief Grant Program application
(R2019-1723). On May 5, 2020, the BCC approved a partial NOA for $1,494,582.
The grant allows the Community Services Department to continue providing needed
medical and support services to Palm Beach County residents living with
HIV/AIDS. In GY 2019, 3,155 clients were served with a viral suppression rate
of 83%. Funding for GY 2020 will provide resources to support a minimum of 45
additional clients (3,200 total) with a goal to increase viral suppression rate
to 85%. Some of the services provided under this grant are outpatient medical
care, medical case management, pharmaceutical assistance, oral health care,
mental health services, substance use disorder treatment, legal support
services, health insurance premium assistance, food bank, medical
transportation, home delivered meals and psychosocial support services. No
County match is required. (Ryan White Program) Countywide (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff
recommends motion to:
A) receive and file the U.S. Department of Housing and Urban Development (HUD)
Youth Homelessness Demonstration Grant Application – Part 2, for a period to be
established by the funder, in the amount of $345,265, to support the
development of a coordinated community plan to prevent and end youth
homelessness in Palm Beach County;
B) receive and file HUD Youth Homelessness Demonstration Grant
Agreement – Part 2, for a period to be established by the funder, in the amount
of $345,265, to support the development of a coordinated community plan to
prevent and end youth homelessness in Palm Beach County;
C) approve one full-time equivalent
grant-funded position for a Program Coordinator (Pay Grade 30); and
D) approve a budget amendment in the
amount of $345,265 in the Housing and Urban Development Fund, to align the
budget to the grant award.
SUMMARY:
On August 20, 2019, the Board of County Commissioners (BCC) approved
the 2018 HUD Youth Homelessness Demonstration Project (YHDP) Grant Application
(R2019-1141), which made available approximately $75,000,000 nationwide for
existing Continuum of Care (CoC) Program recipients to apply for funding. The
Palm Beach County CoC was awarded $4,932,359 to help prevent and end youth
homelessness. The Division of Human and Veteran Services (DHVS) received up to
10% for planning costs. HUD required a two part application process. On
February 11, 2020, the BCC approved the HUD YHDP Grant Agreement – Part 1
(R2020-0175), for 3% ($147,970) of the HUD YHDP planning costs funds. HUD
required additional approval to receive the remaining 7% ($345,265) allowed for
planning costs. The HUD YHDP Application - Part 2 was required to receive the
remaining 7%. The YHDP Grant Agreement – Part 2 allows for the coordination of
planning activities related to preventing and ending youth homelessness.
The
grant funds a total of three new grant funded positions, of which the Program
Evaluator (Pay Grade 34), and Contract Analyst (Pay Grade 36) were approved on
February 11, 2020. This grant application includes an additional grant funded
position of a Program Coordinator (Pay Grade 30). These positions will have the
responsibility of creating and supporting activities of the Youth Action Board,
as well as implementing, evaluating and facilitating the work of the grant
agreement. The grant funded positions will be for the length of the grant and
will be eliminated if funding is discontinued. A 25% in-kind match of $86,317
is required and is included in the FY 2020 Division of Human and Veteran
Services operation budget. No
additional County funds are required. On August 20, 2019, the BCC authorized
the County Administrator or designee to execute additional documents related to
the 2018 HUD YHDP Grant Application.
In accordance with County PPM CW-O-051, all delegated contracts, agreements,
and grants must be submitted by the initiating Department as a receive and file
agenda item. (Division of Human and Veteran Services) Countywide (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve:
Amendment No. 1 to the contract for Provision of Financial Assistance with The
Urban League of Palm Beach County, Inc. (Urban League) (R2019-1605), for the
period October 1, 2019 through September 30, 2022, to revise the cost unit rate
with no change in the overall amount of the contract, in an amount not to
exceed $337,500, for the provision of financial literacy and workforce
development services to low-income families. SUMMARY: Amendment No. 1 is
necessary in order to revise the cost unit rate with no change to the overall
amount of the contract. The Urban League has served 67 clients with financial
literacy education, workforce development and linkage and referral to other
services. Soulan Johnson, an employee of the Urban League is a member of the
Advisory Commission on Women (ACW) and Patrick Franklin, CEO of the Urban
League, is a member of the Housing Finance Authority (HFA) and the
Infrastructure Surtax Independent Citizen Oversight Committee (ISICOC). The
ACW, HFA and ISICOC provide no regulation, oversight, management, or
policy-setting recommendations regarding the subject contract or transaction.
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
additional County funding is required. (Financially Assisted Agencies) Countywide
(HH)
6. Staff recommends
motion to approve:
Amendment No. 2 to the contract for Provision of Financial Assistance with
South County Mental Health Center, Inc. (SCMHC) (R2017-1626), for the period
October 1, 2017 through September 30, 2020, to increase funding in FY 2020 by
$596,996 for a new total FY 2020 amount of $2,136,308, for an overall new
contract total amount of $5,214,932,
for the provision of providing mental health services to residents with severe
and persistent mental illness. SUMMARY:
Amendment No. 2 is necessary in order to continue the transition of some
of The Jerome Golden Center for Behavioral Health, Inc. (Jerome Golden) clients
and services for the Crisis Stabilization Unit to SCMHC, as well as transfer a
portion of the dollars allocated from Jerome Golden to SCMHC. SCMHC provides
mental health services to residents with severe and persistent mental illness.
In September 2019, staff was notified that Jerome Golden would no longer be
providing services to clients. Since the inception of the contract, SCMHC has
served 2,485 clients in the Crisis Stabilization Unit and will be absorbing an
additional 260 clients for the Glades Crisis Stabilization Unit. (Financially
Assisted Agencies) Countywide (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment No. 2 to the Construction Manager (CM) at
Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk
Services for Miscellaneous Airport Improvements for Palm Beach County
Department of Airports (Department) in the amount of $434,700 and 130 calendar days
for Work Order SMC 02: Wallis Road
Drainage and Roadway Improvements Phase 1 at Palm Beach International Airport
(PBI). SUMMARY: The CM at Risk Contract with MGI was approved
by the Board on August 20, 2019 (R2019-1221).
The Contract is for two years with three, one-year renewal options for
CM at Risk Services for Airport Improvements for the Department. In order to complete certain capital
improvement projects at the County’s four airports, the Department requires a
CM at Risk contractor to provide preconstruction and construction services,
which include conducting the procurement process for assigned tasks/work
orders, project management and construction supervision. This solicitation for
CM contractors was advertised on September 23, 2018 according to the Small
Business Enterprise (SBE) Ordinance in place at the time, with a 15% SBE goal. MGI along with their S/MBE teaming partner
Cooper Construction Management and Consulting, Inc. (Cooper), were one of two
firms selected to provide project management and construction supervision
services. MGI is a Danbury, Connecticut,
based firm; however, the work will be directly managed by their southeast
regional office in Palm Beach County.
Approval of Amendment No. 2 in the amount of $434,700 and 130 calendar days
will enable MGI to complete Work Order SMC 02:
Wallis Road Drainage and Roadway Improvements Phase 1 at PBI. This project is phase 1 to complete the
drainage improvements required for conveyance of drainage on Wallis Road and to
support new development in this area. The project was presented to the Goal Setting Committee on
January 15, 2020 and an Affirmative Procurement Initiatives of 20% Small
Business Enterprise (SBE) participation was applied. The SBE
participation on this project is 23.92%. Countywide (AH)
2. Staff
recommends motion to receive and file: a Non-Signatory Airline
Agreement (Agreement) with Sun Country, Inc., a Minnesota Corporation (Sun
Country), commencing April 15, 2020, terminating September 30, 2020, and
automatically renewing on an annual basis each October 1st unless
canceled; for Sun Country to provide commercial air service at the Palm Beach
International Airport (PBI). SUMMARY: The Agreement permits Sun Country to
operate at PBI and to lease ticket counter space for their operations on a
per-use basis. Delegation of authority
for execution of the standard form Non-Signatory Airline Agreement was approved
by the Board in R2019-1156. Countywide (AH)
3. Staff recommends
motion to receive and file: a License
Agreement (Agreement) with PBI Post Distr. LLC, a Delaware limited liability
company (PBI Post), commencing April 15, 2020, and terminating on December 15,
2020 (Initial Term), and automatically renewing on a monthly basis but not
beyond April 15, 2021, for PBI Post to use County property west of the Palm
Beach International Airport (PBI) for the staging and storage of materials
without charge. SUMMARY: On December
19, 2017, PBI Post entered into a Development Site Lease Agreement (R2017-1892,
as amended) to construct a warehouse/storage facility west of Post Road and
south of Wallis Road. The Agreement
allows PBI Post to use adjacent County land as a construction staging and
storage site in connection with PBI Post’s construction of the warehouse/storage
facility. Delegation of authority for
execution of the standard form Agreement was approved by the Board pursuant to
R2007-2070. Countywide (AH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff
recommends motion to:
A) adopt a resolution approving a Public
Transportation Grant Agreement (PTGA) with
the Florida Department of Transportation (FDOT) in the amount of
$700,000 to Construct Fuel Farm and Wash Rack – Phase 2 at Palm Beach County
Park Airport (LNA). This PTGA will
become effective upon final execution by the FDOT with an expiration date of
December 31, 2022; and
B) approve a budget amendment
of $700,000 in the Airport’s Improvement and Development Fund to recognize the
receipt of a grant from the FDOT, and budget
project costs of $875,000; which includes a transfer from Reserves in
the amount of $175,000.
SUMMARY: The FDOT
has issued a PTGA reflecting their commitment of funding to the above
referenced project in the amount of $700,000 or 80% of the eligible project
costs, whichever is less. The Airport required local
match of $175,000 is in the current budget. Countywide (AH)
5. Staff recommends
motion to approve:
A) Amendment No. 3 to
the General Consulting Agreement with AECOM Technical Services, Inc. (AECOM)
for Consulting/Professional Services in the amount of $885,789.10 for the
continued performance of professional planning and design services related to
the approved Palm Beach County Airports Capital Improvement Program; and
B) a budget transfer
of $366,145 in the Airport’s Improvement and Development Fund from the Reserves.
SUMMARY: The Consulting Agreement with AECOM for
general airport planning and design was approved by the Board on March 12, 2019
(R2019-0301) in the amount of $828,984.74 in order to carry out the approved
Capital Improvement Programs for the County’s Airports. Amendment No. 1 was approved by the Board on
August 20, 2019 (R2019-1160) increasing the amount of the contract by
$1,032,651.29. Amendment No. 2 was
approved by the Board on February 4, 2020 (R2020-0079) increasing the amount of
the contract by $1,753,356.78. Approval
of Amendment No. 3 will provide an additional $885,789.10 to complete the
following tasks: Task I Services – Miscellaneous Planning &
Engineering Services 2020; Palm
Beach International Airport (PBI) Replacement of the Public Address System
Construction Administration and Construction Management Services; Wallis Road
Improvements Supplemental Design and CA Services; PBI Domestic Water Valves
Modifications CA Services; Stormwater Pollution Prevention Plan 2020 Update;
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. AECOM is a
Los Angeles, California based firm; however, the majority of the work to be
completed in this agreement will be completed and/or managed through their West
Palm Beach and Tampa, Florida offices in conjunction with several Palm Beach
County-based sub-consultants and firms.
A Disadvantaged Business Enterprise (DBE) goal of 18% was set for this
contract. AECOM committed to 18% in its
proposal. The anticipated DBE
participation based upon the approved tasks is approximately 35%. The
current paid to date DBE participation is approximately 17%. The DBE participation for this amendment is
approximately 18.7%. Countywide (AH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement offer in the amount of $4,000 for the full
satisfaction of a code enforcement lien that was entered against Jon Melchiori
on August 26, 2008. SUMMARY: The Code Enforcement Special Magistrate
(CESM) entered an order on May 7, 2008, for the property owned by Jon Melchiori
providing him until July 7, 2008 to bring his property located at 17724 88th
Road North, Loxahatchee into full compliance. The property had been cited for openly
keeping/storing shipping containers without permits. Compliance with the CESM’s Order was not achieved by the ordered
compliance date and a fine in the amount of $50 per day was imposed. The CESM
then entered a claim of lien against Jon Melchiori on August 26, 2008. The Code Enforcement Division
issued an Affidavit of Compliance for the property stating that the cited code
violations had been fully corrected as of April 8, 2009. The total accrued lien
amount through January 31, 2020, the date on which settlement discussions
began, totaled $13,984.32. Jon Melchiori has agreed to pay Palm Beach County $4,000, (29%) for full settlement of
his outstanding Code Enforcement lien. District 6 (SF)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) the finding that it is beneficial to the health, safety and welfare of
the County due to the impacts of the COVID19 epidemic to extend for 12 months
the County’s Agreement (Agreement) with Ovations Food Services, L.P. d/b/a
Spectra Food Services & Hospitality (Spectra); and
B) a Second Amendment (Amendment) to the Agreement with Spectra for food
and beverage operations services at the Palm Beach County Convention Center
(Convention Center) extending the term for an additional 12 months through
September 30, 2021.
SUMMARY: Spectra was selected as the food & beverage operator of the
Convention Center in 2010 through a competitive Request for Proposals (RFP)
process. Spectra’s initial contract (R2010-096) was extended in 2015
(R2015-1409) for one renewal period of five years which expires on September
30, 2020. Under the Agreement, Spectra manages the day-to-day operations and
marketing of food and beverage services at the Convention Center. Due to the ongoing
COVID19 emergency, this Amendment will extend the term of the contract for 12
months, providing staff sufficient time to re-solicit the contract. The Tourist
Development Council (TDC) and Facilities Development and Operations (FDO)
intend to develop an RFP this summer and to advertise the solicitation in late
2020 with an anticipated award early summer of 2021. Under the Agreement as
well as this Amendment, Spectra receives: 1) an annual management fee of
$50,000 which has been adjusted for inflation over the term of the contract; 2)
7% of the net profit and 3) an opportunity to earn an incentive fee of
up to 1% of gross sales up to $2.5 million of gross sales and additional up to
2% over $2.5 million of gross sales not to exceed $4 million, if certain
performance measures are achieved in the areas of financial, marketing, sales
and customer service. The County receives: 1) 93% of the net profit of
food and beverage operations and 2) cash/credits for certain
sponsorships and rebates on certain food and beverage products. In addition to
extending the term for 12 months, the Amendment revises the sponsorship/rebate
program and updates County standard language on non-discrimination, scrutinized
companies and public records. The Amendment also adds a termination for
convenience clause so that the County can terminate the contract with 120 days’
notice. The TDC Board has approved the contract extension for 12 months. The
Office of Equal Business has approved this extension. (TDC/FDO) Countywide (LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Work Order No. 20-016 to the minor construction
contract with Andrea Construction, Inc., (R2020-0143) in the amount of $244,112
for the State Attorney’s Office – Lobby Area Security Modifications project for
a period of 90 calendar days from notice to proceed or until project is
complete. SUMMARY: The work consists
of furnishing the labor, equipment, and materials needed to modify the State
Attorney’s Office to include hardened incased enclosures with privacy tint and
ballistic film at both, the main entrance and inside the elevator areas. The
security enhancements will provide added privacy and security measures for the
public and staff members accessing the lobby areas. This project was
competitively advertised and new contractors were invited to bid on the project
by submitting prequalification documents prior to the submission of the bid
response. This annual contract was presented to the Goal Setting Committee on
August 21, 2019. The Committee applied the following three Affirmative
Procurement Initiatives (API): 1) sheltered market for projects under
$100,000; or 2) a small business enterprise (SBE) contractor will be
given a price preference if their bid is within 10% of the lowest non-small
business bid on a single trade project over $100,000; or 3) a mandatory
25% SBE subcontracting goal for a multi-trade project over $100,000. Since this
project was over $100,000 and multi-trade, the mandatory 25% SBE subcontracting
goal API was applied. The Contractor is a certified Small/Minority/Women Owned
Business (S/M/WBE) and submitted 56.25% SBE participation on this work order.
The overall S/M/WBE participation on the annual minor contract is 70.50%. The
Contractor is a local business. Funding for this project is from the Public
Building Improvement Fund. (Capital Improvements Division) District 7
(LDC)
3. Staff recommends
motion to receive and file: Amendment No. 4 extending the term of three
continuing contracts to provide mechanical, electrical, plumbing (MEP)
engineering services for various capital improvement projects through to
December 22, 2020:
A) Gartek Engineering Corporation (Gartek) (R2015-0777; Renewals:
R2017-0892, R2018-0849, R2019-1328), MBE/Local, 86.70% SBE participation to
date;
B) Johnson, Levinson, Ragan, Davila, Inc. (JLRD) (R2015-0779; Renewals:
R2017-0893, R2018-0850, R2019-1329), SBE/Local, 97.64% SBE participation to
date; and
C) RGD & Associates, Inc. dba RGD Consulting
Engineers (RGD) (R2015-0778; Renewals: R2017-0894, 2018-0851, R2019-1330),
SBE/Local, 94.02% SBE participation to date.
SUMMARY: On April 7, 2020, via Agenda Item
5D-3, the Board of County Commissioners (BCC) authorized the County Administrator
or designee, which in this case was the Director of Facilities Development and
Operations (FDO), to execute Amendment No. 4 extending the term of these MEP
engineering continuing contracts to December 22, 2020. Due to the ongoing
COVID19 crisis, the time needed to develop new logistical procedures for
conducting selection committee meetings while maintaining social distancing and
the potential for further delays throughout the selection process, staff
thought it necessary to extend the term of the existing contracts for an
additional six months. The attached amendments were fully executed on behalf of
the BCC by the Director of FDO. In accordance with the County Policy and Procedures Manual (PPM)
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. The firms under
the existing MEP Engineering continuing contracts were selected under the
County’s prior Small Business Enterprise (SBE) program where a 15% SBE goal
applied. The Office of Equal Business Opportunity has reviewed and approved
this renewal request. (Capital Improvements Division) Countywide (LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to receive and file: Amendment No. 2 to extend the term of two
continuing contracts to provide construction management (CM) services for
various capital improvement projects through to December 20, 2020:
A) Robling Architecture Construction, Inc.
(R2016-0762), SBE/Local, 43.99% SBE participation to date; and
B) The Weitz Company, LLC (R2016-0763), Local,
22.27 % SBE participation to date
SUMMARY: On April 7, 2020, via Agenda Item 5D-1, the Board of County Commissioners
(BCC) authorized the County Administrator or designee, which in this case was
the Director of Facilities Development and Operations (FDO), to execute
Amendment No. 2 extending the term of the existing CM contracts to December 20,
2020. Due to the ongoing COVID19 crisis, the time needed to develop new
logistical procedures for conducting selection committee meetings while
maintaining social distancing and the potential for further delays throughout
the selection process, staff thought it necessary to extend the term of the
existing contracts for an additional six months. The attached amendments were
fully executed on behalf of the BCC by the Director of the FDO. In accordance
with the County Policy and Procedures
Manual (PPM) CW-O-051, all delegated contracts, agreements and grants must be
submitted by the initiating Department as a receive and file agenda item. On
February 20, 2019, the County’s Goal Setting Committee established a 20% SBE
subcontracting goal on the construction subcontracts for the construction phase
of projects assigned under this continuing CM contract. The Office of Equal
Business Opportunity has reviewed and approved this renewal request. (Capital
Improvements Division) Countywide (LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff
recommends motion to approve:
Amendment No. 3 with nine annual low voltage contracts to update the
contract terms and conditions to remove the cumulative capacity maximum.
Contractor
Resolution # Status
A) Active Alarms, Inc.
R2016-1133 Local
/ Non-SBE
B) Audio Video Systems, Inc. R2016-1134 Local
/ SBE
C) Fire and Security
Solutions, Inc. R2016-1136 Local / Non-SBE
D) GNM Hough, Inc. R2016-1139 Non-Local
/ Non-SBE
E) Protect Video, Inc. R2016-1141 Local
/ SBE
F) Security & Sound
System, Inc. R2016-1142 Local / SBE
G) Johnson Controls Fire
Protection
LP (fka SimplexGrinnel, LP)
R2016-1143 Local / Non-SBE
H) Universal Cabling Systems,
Inc. R2016-1144 Local / SBE
SUMMARY: On
September 13, 2016, the Board approved the annual low voltage contract. The
magnitude of work requirements for annual low voltage contracts executed after
April 6, 2018 differs from those established in the original low voltage
contracts. The original annual contracts had a cumulative value of $600,000 for
the term. Amendment No. 3 modifies the original annual contracts by eliminating
and replacing the terms and conditions in section 16.1, Magnitude of Work.
These amendments will standardize the Magnitude of Work for all of the annual
low voltage contracts. These annual
contracts expire on September 12, 2021. Work is awarded as work orders on a
lump-sum, competitively bid basis among the pool of pre-qualified low voltage
contractors. Contractors are allowed to qualify at any time and be added to
this annual contract. Projects $100,000 and over are advertised on the vendor
self-service website while projects $200,000 and over are also advertised in the
newspaper. Projects under $100,000 are bid among the pool of pre-qualified
contractors (currently 22 have pre-qualified) and for projects over $100,000,
the bidding pool is expanded to include any additional bidders responding to
the specific project advertisement that submit a qualification application at
least ten days before the bid due date. The low voltage annual contract was
presented to the Goal Setting Committee on January 2, 2019 and the committee
established an Affirmative Procurement Initiative of price preference for Small
Business Enterprise contractors if their bid is within 10% of the lowest
non-small business bid. Actual Small/Minority/Women Owned Business Enterprise
(S/M/WBE) participation will be identified on each work order, and will be
tracked cumulatively for each work order issued. Current cumulative S/M/WBE
participation for all work orders to-date under the low voltage annual is
46.66%. (Capital Improvements) Countywide
(LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Work Order No. 20-012 to the annual Heating,
Ventilation and Air Conditioning (HVAC) contract with D.A.C. Air Conditioning
Corp. (R2020-0231) in the amount of $246,700 for the Water Utilities Department
(WUD) Water Treatment Plant (WTP) #9 Exhaust Fan Replacement project for a
period of 120 calendar days from permit issuance or until project is
complete. SUMMARY: The existing exhaust fans at the WUD WTP #9
are more than 20 years old and are at the end of their useful life.
The work consists of furnishing the labor, equipment, and materials needed to
remove and replace 49 existing exhaust fans at five different building sites.
This project was competitively advertised and new contractors were invited to
bid on the project by submitting prequalification documents prior to the
submission of the bid response. On August 21, 2019, the Goal Setting Committee
applied Affirmative Procurement Initiatives (API) of sheltered market for
projects under $100,000 (when three or more Small Business Enterprises (SBE)
are qualified under the annual contract) or an SBE contractor will be given a
price preference if its bid is within 10% of the lowest responsive and
responsible bidder for projects in excess of $100,000. Since this project was
over $100,000, the SBE price preference API was applied. The Contractor is not
a certified SBE and submitted 0% SBE participation on this work order. The
overall SBE participation on the annual HVAC contract is 52.19%. The Contractor
is not a local business. Funding for this project is from the WUD Operation and
Maintenance Fund. (Capital Improvements Division) District 5 (LDC)
7. Staff
recommends motion to approve: Amendment No. 1 with two firms extending
the contract term for one year to provide architectural services on a
continuing contract basis for federally funded projects for the period of June
19, 2020 through June 18, 2021 with a cumulative limit of $100,000 for the 12
month extension.
Contractor Resolution
#
A) Colome
& Associates, Inc. R2018-0904
B) Williamson
Dacar Associates, Inc. R2018-0905
SUMMARY: Amendment No. 1 extends the term of these
continuing contracts for architectural services for projects that are federally
funded through June 18, 2021. The Board approved the continuing contract on
June 19, 2018. The original contract provided for an initial term of two years
with three renewal options each for a period of one year. The amendment will
implement the first renewal option of these contracts through June 18, 2021
with a cumulative limit of $100,000 for the twelve month extension. Work is
authorized through individual task assignments when required during the term of
this contract. The work assigned under the continuing contracts will be funded
in whole or in part with federal funds. Projects under these continuing
contracts may be funded in whole or in part by grants from the United States
Department of Transportation, Federal Transit Administration, grants from the
Housing and Urban Development Community Development Block Grant Program or
grants or reimbursements from Department of Homeland Security/Federal Emergency
Management Agency. Many of the projects to be assigned under this contract are
related to the County’s Palm Tran facilities. (Capital Improvements) Countywide
(LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff
recommends motion to approve:
Change Order No. 4 to Amendment No. 3 to the continuing contract with
Lebolo Construction Management, Inc. (R2018-1161) in the amount of $21,339.28
for the Philip D. Lewis Homeless Resource Center project increasing the
Guaranteed Maximum Price for additional low voltage work and increasing the
project duration by 160 calendar days. SUMMARY:
On July 2, 2019, the Board of County Commissioners approved Amendment No. 3
(R2019-0954) to the continuing contract with Lebolo Construction Management,
Inc. in the amount of $265,246 for interior renovations to the Philip D. Lewis
Homeless Resource Center with a 166 day construction completion schedule. This
change order authorizes the construction manager to complete additional low
voltage work and the installation of access and controls at the rear doors. The
revisions to the design and the additional low voltage work resulted in an
increase in project duration by 160 days. Change Order No. 4 consists of the
additional time and funds needed to accommodate the additional general project
requirements, permitting fees, labor and equipment. The project is funded using
federal funds from the Community Development Block Grant fund. (Capital
Improvements Division) Countywide/District 7 (LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: documents
executed in connection with a loan made to Prestige Commercial Kitchen, Inc.,
under the Housing and Urban Development (HUD) Section 108 Loan Program as
follows:
A) Palm Beach County Section 108 Loan Commitment Letter;
B) Palm Beach County Section 108 Promissory Note;
C) Palm Beach County Section 108 Loan Agreement;
D) Palm Beach County Section 108 Loan Program Agreement;
E) Palm Beach County Section 108 Security Agreement;
F) Palm Beach County Section 108 Guaranty Agreement;
G) Pledge Agreement;
H) Palm Beach County Section 108 Further Assurances and Errors and Omissions
Statement;
I) UCC-1 Financing Statement (Florida Secured Transaction Registry);
J) Borrower’s Certificate (Incumbency and Resolutions) - Prestige Commercial
Kitchen, Inc.;
K) Corporate Guarantor’s Certificate (Incumbency and Resolutions) - Prestige
CK Realty, Inc.;
L) Corporate Guarantor’s Certificate (Incumbency and Resolutions) - P &
R Transportation and Warehousing, Inc.;
M) Non-Discrimination Policy - Prestige Commercial Kitchen, Inc.;
N) Non-Discrimination Policy - Prestige CK Realty, LLC;
O) Non-Discrimination Policy - P & R Transportation and Warehousing,
Inc.; and
P) Opinion of Borrower Counsel for Section 108 Loan - Prestige Commercial
Kitchen, Inc.
SUMARY: The documents have been executed on behalf of the Board of County
Commissioners (BCC) by the County Administrator or designee in accordance with
Resolution R2009-0725. This $120,090 working capital loan is provided under the
Section 108 Loan Program. It will be used to support the growth and expansion
of the borrower’s operations located at 2739 Pienza Circle in Royal Palm Beach. Prestige Commercial Kitchen supplies and
installs commercial kitchens throughout the United States. The project will
create 19 full time equivalent jobs over five years. In accordance with County
PPM CW-O-051, all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These are
Federal funds which require no local match. District 6 (DB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
1. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for the historic
rehabilitation of the property located at 1 South County Road, Palm Beach;
B) approve a tax exemption covenant for 1 South County Road, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;
C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 8 South Lake Trail, Palm Beach;
D) approve a tax exemption covenant for 8 South Lake Trail, Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;
E) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 142 Seaspray Avenue, Palm Beach; and
F) approve a tax exemption covenant for 142 Seaspray Avenue,
Palm Beach, requiring the qualifying improvements be maintained during the
ten-year period that the tax exemption is granted.
SUMMARY: The resolution will authorize a
County tax exemption for the following historic properties located within the
Town of Palm Beach: 1 South County Road, (property is privately owned for
commercial use); 8 South Lake Trail, (property is privately owned for
residential use) and 142 Seaspray Avenue, (property is privately owned for
residential use). If granted, the tax exemption shall take effect January 1, 2020, and
shall remain in effect for ten years, or until December 31, 2029. The exemption
shall apply to 100 percent of the assessed value of all improvements to the
historic property, which resulted from restoration, renovation, or
rehabilitation of the property. The estimated total tax exempted for the ten
years ending December 31, 2029, is $807,160. Actual exemption amounts will be
based upon the Countywide Millage rate on a yearly basis. It is estimated that
approximately $80,716 tax dollars will be exempted annually based on the 2020 Countywide Millage Rate.
Accompanying each resolution is a restrictive covenant, which requires the
qualifying improvements be maintained during the period that each tax exemption
is granted. Districts 1 & 7 (RPB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
2. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 231 NE 1st Avenue, Delray Beach; and
B) approve a tax exemption covenant for 231 NE 1st
Avenue, Delray Beach, requiring the qualifying improvements be maintained
during the ten-year period that the tax exemption is granted.
SUMMARY: The resolution will authorize a
County tax exemption for the following historic property located within the
City of Delray Beach: 231 NE 1st Avenue, (property is privately
owned for residential use). If granted, the tax exemption shall take effect
January 1, 2020, and shall remain in effect for ten years, or until December
31, 2029. The exemption shall apply to 100 percent of the assessed value of all
improvements to the historic property, which resulted from restoration,
renovation, or rehabilitation of the property. The estimated total tax exempted
for the ten years ending December 31, 2029, is $21,629. Actual exemption amounts will be based upon
the Countywide Millage rate on a yearly basis. It is estimated that
approximately $2,162 tax dollars will be exempted annually based on the 2020 Countywide Millage Rate.
Accompanying each resolution is a restrictive covenant, which requires the
qualifying improvements be maintained during the period that each tax exemption
is granted. District 7 (RPB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
3. Staff recommends
motion to:
A) adopt a resolution of the Board of County Commissioners of Palm
Beach County, Florida, granting a County tax exemption for the historic
rehabilitation of the property located at 147 Greymon Drive, West Palm Beach;
B) approve a tax exemption covenant for 147 Greymon Drive, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;
C) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 194 Pershing Way, West Palm Beach;
D) approve a tax exemption covenant for 194 Pershing Way, West Palm Beach, requiring the qualifying improvements be maintained during the ten-year period that the tax exemption is granted;
E) adopt a resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for the historic rehabilitation of the property located at 313 Datura Street, West Palm Beach; and
F) approve a tax exemption covenant for 313 Datura Street, West
Palm Beach, requiring the qualifying improvements be maintained during the
ten-year period that the tax exemption is granted.
SUMMARY: The resolution will
authorize a County tax exemption for the following historic properties located
within the City of West Palm Beach: 147 Greymon Drive, (property is privately
owned for residential use); 194 Pershing Way, (property is privately owned for
residential use) and 313 Datura Street, (property is privately owned for
commercial use). If granted, the tax exemption shall take effect January 1, 2020, and
shall remain in effect for ten years, or until December 31, 2029. The exemption
shall apply to 100 percent of the assessed value of all improvements to the
historic property, which resulted from restoration, renovation, or
rehabilitation of the property. The estimated total tax exempted for the ten
years ending December 31, 2029, is $250,120. Actual exemption amounts will be
based upon the Countywide Millage rate on a yearly basis. It is estimated that
approximately $25,012 tax dollars will be exempted annually based on the 2020 Countywide Millage Rate.
Accompanying each resolution is a restrictive covenant, which requires the
qualifying improvements be maintained during the period that each tax exemption
is granted. Districts 2 & 7
(RPB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
4. Staff recommends motion to approve: the reappointment
of one member to the
Construction Board of Adjustments and Appeals.
Reappoint Seat
Requirement Term Nominated by
Manuel
Oyola 7 Roofing
Contractor 06/16/20 -06/15/23 Palm
Beach County Roofing & Sheet
Metal Contractors’ Association
SUMMARY: Manuel Oyola has been nominated
by the Palm Beach County
Roofing & Sheet Metal Contractors’ Association to
serve a second three-year term as a roofing contractor on the Board. The term of office for Board members is three years, with a limit of three consecutive three-year terms. The Board has 11 seats with 9 currently
filled and a diversity count of Caucasian: 8 (90%) and Hispanic: 1 (10%). The gender ratio (female:
male) is 2:7. The nominee is a
Hispanic male. Staff will continue to address the need to increase diversity on
our
boards. Countywide (CK)
K. WATER UTILITIES
1. Staff recommends
motion to approve: a
Non-Standard Potable Water and Wastewater Development Agreement (Agreement)
with CVH PBIA, LLC (Tenant) for a period of five years beginning on June 16,
2020 through June 15, 2025. SUMMARY: The Tenant leases an undeveloped area
from Palm Beach County (County) (R2017-0356) located on Palm Beach
International Airport property on Turnage Boulevard located south of Belvedere
Road and west of Australian Avenue. The
Tenant wants to construct potable water and wastewater facilities to develop,
operate, and maintain a hotel on the property.
In order to provide
potable water and wastewater concurrency reservations for new facilities, the
Palm Beach County Water Utilities Department (PBCWUD) requires developers to
enter into a formal development agreement. While the PBCWUD Director has been delegated the
authority to enter into Standard Development Agreements, the Board of County
Commissioners approval is being sought in this case as certain provisions in the standard
agreement are unnecessary due to the County ownership of the property. The
Tenant has paid a Mandatory Agreement Payment in the amount of $25,879.14,
which is equal to 12 months of Guaranteed Revenue Fees. District 2 (MJ)
2. Staff recommends
motion to receive and file: the
executed Standard Potable Water and Wastewater Development Agreement with
Boynton Beach Associates XXII, LLLP, SDA #03-01050-000 (District 5), Recorded
in OR BK 31295 PG 1611. SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants/
procurement items must be submitted by the initiating Department as a receive
and file agenda item and are attached unless the documents have been recorded
in the Public Records of Palm Beach County. The documents have been fully
executed on behalf of the Board of County Commissioners (BCC) by the Director
of the Palm Beach County Water Utilities Department in accordance with
Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to
the BCC to receive and file. District 5 (MJ)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to receive and file: Amendment No. 1 to State of Florida Department of Environmental Protection (FDEP) Standard Grant Agreement No. LPA0072 (Agreement) to correct its expiration date to December 31, 2022. SUMMARY: On December 3, 2019, the Board of County Commissioners approved Agreement (R2019-1850) with FDEP, for an amount not to exceed $160,000, providing for geotechnical engineering and seepage analysis for the Loxahatchee River Watershed Hydrological Refinements Phase I Project (Project) beginning upon contract execution, and expiring December 31, 2021. Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associate with this Agreement was approved at that time. Amendment No. 1 is a revision to reflect a correction for the date of expiration of the Agreement. The Agreement is effective until December 31, 2022. District 1 (SS)
2. Staff recommends
motion to:
A) approve the Detailed Work Plan Budget – Arthropod
Control (Budget) and Operational Work Plan for Mosquito Control (Work Plan) for
the State Financial Assistance Recipient Agreement (Agreement) with the Florida
Department of Agriculture and Consumer Services (FDACS) for fiscal year
beginning October 1, 2020 and ending September 30, 2021; and
B) authorize
the County Administrator or designee to sign the State Financial Assistance
Recipient Agreement and Annual Certified Budget for Arthropod Control, when
received by FDACS, and all future time extensions, task assignments,
certifications, and other forms associated with the Agreement, and necessary
minor amendments that do not substantially change the scope of work, terms, or
conditions of the Agreement.
SUMMARY: The Budget and Work Plan are due to FDACS
by July 15, 2020, as part of the reapplication process for state aid for FY2021.
The current Agreement No. 026501 was approved by the Board of County Commissioners
on December 17, 2019 (R2019-1909), for amount not to exceed $41,645.44, and
amended on March 17, 2020 (R2020-0318), for amount not to exceed $47,310, for
contract period December 1, 2019 to September 30, 2020. The County anticipates
receiving a new agreement for FY2021 from FDACS in November, with the current
funding amount of $47,310, providing for state aid in quarterly installments to
support mosquito control activities as approved by FDACS. Countywide
(SS)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve a grant agreement with The Nature
Conservancy (Conservancy) to provide up to $300,000 for construction costs for
the Palm Beach Resilient Islands Project (Project) that expires on October 31,
2021;
B) approve
a budget amendment for $300,000 that will be placed into the Palm Beach
Resilient Islands Project Funds; and
C) authorize
the County Administrator or designee to sign all future time extensions, task
assignments, certifications, and other forms associated with this agreement,
and any necessary minor amendments that do not substantially change the scope
of work, terms, or conditions of the agreement.
SUMMARY: Conservancy will reimburse the County up to
$300,000 to cover the construction costs of a resiliency project within the
Lake Worth Lagoon provided work meets the acceptance criteria as outlined in
the agreement. This Project will act as a demonstration model that could be
used in the design of future projects to provide coastal resilience in the
County. The County contribution will include in-kind services associated with
field surveys, environmental permitting and construction management for this
project. District 7 (SS)
4. Staff recommends
motion to:
A) approve a 20-year term State of Florida
Department of Environmental Protection (FDEP) Florida Greenways and Trails
Program (FGTS) Designation Agreement (Agreement) for Jupiter Ridge
Natural Area (Natural Area); and
B) authorize the County Administrator or designee to sign a Public Lands or Waterways
Designation Resource Certification (Certification) every five years for
the term of the Agreement.
SUMMARY: Palm Beach County (County) owns approximately three acres within the
270-acre Natural Area. The County
manages the other 267 acres (owned by the Board of Trustees of the Internal
Improvement Trust Fund of Florida [TIITF]) pursuant to a 50-year lease dated
June 15, 1994 (R94-604D, as amended by R96-444D and R98-1241D). The County’s
Department of Environmental Resources Management submitted a FGTS Application
for Designation (Application) for the Natural Area in December 2019. An Owner
Consent form signed by an authorized TIITF representative was included in the
Application. In January 2020, the State’s Greenways and Trail Council approved
designation of the entire 270-acre Natural Area as part of the FGTS. The County must sign a 20-year-term,
standardized Agreement to complete the designation. Once every five years, the County must submit
a signed Certification form stating that the site’s
natural and recreational resources are being maintained. The County already
maintains the natural and recreational resources within the Natural Area
pursuant to an existing Management Plan (Item 3L3, dated June 29, 2010) and the
June 15, 1994 lease, therefore there is no
cost to the County. District 1
(SS)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve: Task Order No. ERM20-02 to the Palm Beach
County Construction Materials Testing, Geotechnical Engineering and Inspection
Services Annual Contract (R2017-1660) with Terracon Consultants, Inc.
(Terracon), for an amount not to exceed $269,189.44 to provide professional
engineering services for the Loxahatchee River Watershed Hydrological
Refinements – Phase I (Project). SUMMARY: Task Order No. ERM20-02 provides for
geotechnical engineering services for the design of three seepage barriers
along Hungryland Slough Natural Area, Jupiter Farms, and Loxahatchee Slough
Natural Area at a cost of $269,189.44.
The Project is part of a watershed-based effort to protect and restore
the Loxahatchee River and enhance natural areas within the Loxahatchee River
Watershed. The Project will define the best method to maintain wet season water
levels and quantify the increased water storage on Loxahatchee Slough and
Hungryland Slough Natural Areas which are major contributors of freshwater to
the Loxahatchee River. The project area is 17 linear miles and would benefit
13,400 acres. Terracon has agreed to 16% SBE participation. The SBE participation for this Task Order is
16.9%. The Loxahatchee River
Preservation Initiative awarded the Project a $160,000 grant to provide partial
funding. The grant was approved by the BCC on December 3, 2019. District 1
(YBH)
6. Staff recommends
motion to:
A) approve a contract for Consulting/Professional
Services (Contract) with the Florida Fish and Wildlife Conservation Commission
(FWC), Fish and Wildlife Research Institute to provide oyster monitoring in the
Lake Worth Lagoon (LWL) in an amount not to exceed $198,000, commencing upon
execution and expiring on December 30, 2023; and
B) authorize the County Administrator or designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with the Contract, and any necessary minor amendments that do
not significantly change the scope of work, terms, or conditions of the
Contract.
SUMMARY: The Contract authorizes FWC to provide
continued oyster monitoring in the LWL and compares oyster abundance,
recruitment, and health between three natural reefs and three man-made reefs at
County restoration sites as part of monitoring efforts described in the LWL
Management Plan. Oyster monitoring within the current FWC contract (R2019-0325;
R2019-1777) will be completed on June 30, 2020, with final report due on
December 2020, and contract expiration on February 28, 2021. This Contract will
begin prior to expiration of the current contract in order to ensure there is
no gap in oyster monitoring. Oyster monitoring under this Contract will begin
on July 1, 2020, which is the day after oyster monitoring will end under the
current contract. The monitoring project is funded by the Pollution Recovery
Trust Fund. Districts 3 & 7
(SS)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: a budget
transfer of $200,000 within
Park Impact Fee Zone 1 from Reserves to
the Carlin Park Pickleball Court Improvement project. SUMMARY:
This funding will be used to
construct six new day use pickleball courts and associated infrastructure at
Carlin Park. Funding for this budget transfer is from Zone 1 Impact Fee Reserves. Reserve funding was accumulated through interest and residual balances
from completed projects. District 1 (AH)
2. Staff recommends
motion to approve: a budget transfer of $50,000 within Park Impact Fee Zone 2 from Reserves to the John Prince Park Pickleball Court
Improvement project. SUMMARY: This
funding will be used to repurpose two tennis courts at John Prince Park to six
pickleball courts. Funding for this budget transfer is from
Zone 2 Impact Fee Reserves. Reserve funding was accumulated through
interest and residual balances from completed projects. District 3 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to ratify:
A) a FY 2020
Assistance to Firefighters Grant (AFG)
Program – COVID-19 Supplemental (AFG-S) grant application electronically
submitted to the U.S. Department of Homeland Security’s (DHS) Federal
Emergency Management Agency (FEMA) on May 15, 2020, requesting $909,099.23 to
fund 90% of the purchase of personal protective equipment (PPE), for a term
beginning 12 months from the date of award; and
B) the designation of the County Administrator
or designee to act as the County’s representative for the purpose of
electronically signing and submitting the FY 2020 AFG-S grant application, including Assurances and Certifications
via the DHS FEMA website.
SUMMARY: This grant application requests $909,099.23
from DHS FEMA for the purchase of 23 various PPE items. The total project cost
identified in the grant application is $1,000,009.15. The required match for
this grant is $90,909.92 (10% of the federal share), which will be funded from
Fire Rescue’s contingency reserve and has been included in the FY 2020
budget. If awarded, the grant will provide funding for the purchase PPE that
has been depleted due to the COVID‑19 pandemic. Due to the preparation
time, submittal deadlines, and BCC meeting dates, the grant application had to
be submitted prior to full Board approval. Countywide (SB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
2. Staff recommends
motion to ratify:
A) a FY 2019 Staffing for Adequate Fire and Emergency
Response (SAFER) grant application
electronically submitted to the U.S. Department of Homeland Security’s
(DHS) Federal Emergency Management Agency (FEMA) on May 15, 2020, requesting
$2,681,673.64 to fund 75% in Year 1 and Year 2 and 35% in Year 3 for 18 new
firefighters, for a term of three years from the date of award; and
B) the designation of
the County Administrator or designee to act as the County’s representative for
the purpose of electronically signing and submitting the FY 2019 SAFER grant application, including
Assurances and Certifications via the DHS FEMA website.
SUMMARY:
This grant application requests $2,681,673.64 from DHS FEMA to fund 18
new firefighters for the Glades area. The total project cost identified in the
grant application is $4,348,659.96. The required match for this grant is
$1,666,986.32 (25% in Year 1 and Year 2 and 65% in Year 3), which will be
funded from Fire Rescue’s FY 2020 contingency. If awarded, the grant will
provide funding for 18 new firefighters for the Glades area. The requested
positions will add three additional firefighters to each of the three shifts at
Fire Station 74 and one additional firefighter to each of the three shifts
at Fire Station 73. Due to the personnel coverage factor, the total number
of firefighters required is 18. These 18 positions will be retained at the end
of the grant through Fire Rescue’s anticipated attrition. Due to the
preparation time, submittal deadlines, and BCC meeting dates, the grant
application had to be submitted prior to full Board approval. District 6 (SB)
3. Staff recommends
motion to:
A) adopt a consent to a
proposed the Town of Lantana’s (Town) Amendment of ordinance
amending its Firefighters’ Pension Fund plan (Plan) as set forth
in the Town’s proposed ordinance; and
B) direct staff to
communicate to the Town the County’s express written consent to the Town’s
amendment of its Firefighters’ Pension Fund Plan as set forth in the Town’s
proposed ordinance. proposed Town ordinance amending the Plan.
SUMMARY: According to the requirements outlined in the
Interlocal Agreement with the Town of Lantana for fire-rescue services, the
Town shall not make any changes to the Town’s Firefighters’ Pension Fund
without first obtaining the express written consent of the County. The County
has been asked to consent to the proposed plan amendment which is being made as
a result of changes made in Article 34 - Pension of the FY2006 through FY2008
Collective Bargaining Agreement (R2005-1925) between Palm Beach County and
Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF,
Inc. The proposed ordinance includes
changes in Chapter 14 Personnel, Article IV Pensions and Retirement. These changes are primarily due to Florida
Statute, Internal Revenue Code and Chapter 175 regulation changes. The Fire Rescue Administrator and the Union
President have provided their written mutual agreement in satisfaction of the
requirements of Article 34, Section 4, and agree to the amendments to the
ordinances relating to the Pension Fund proposed by the Board of Trustees of the Pension Fund.
Based on the Town of Lantana Firefighters’ Pension Fund Actuarial
Impact Statement, the proposed changes on contributions and obligations is de
minimis. Countywide (SB) Pursuant to the Interlocal Agreement with the
Town relating to the Plan, which covers County firefighters who were formerly
employed by the Town, the County assumed the employer responsibilities under
the Plan and the Town may not make any changes to the Plan without the express
written consent of the County. The Board
of Trustees of the Plan have determined that certain amendments are necessary
to ensure compliance with law or to effectuate the purposes of the Plan. In accordance with Article 34, Section 4, of
the Collective Bargaining Agreement, the Fire Rescue Administrator and the
Union President will enter into a written mutual agreement to agree to the Plan
amendments. The Plan’s Actuarial Impact Statement indicates that the effect of
the proposed changes on contributions and obligations is de minimis. Countywide (SB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
4. Staff recommends
motion to approve: a Waiver of
Liability for Palm Beach County Fire Rescue Temporary Storage and Demonstration
Use of Lenco BearCat vehicle. SUMMARY:
Palm Beach County Fire Rescue is interested in evaluating a tactical
armored security vehicle that could be used to respond to emergency situations
such as natural disasters including hurricanes, fires, floods and other
emergency response situations.
Evaluating this equipment will allow Fire Rescue staff to assess its
functionality and to test if it can perform rescue operations that other current
Fire Rescue vehicles cannot. This Waiver of Liability includes indemnification
of Lenco Industries, Inc. for the County’s own negligent operation of the
vehicle. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to delegate: to the County Administrator or designee signatory
authority on any necessary documentation to establish and maintain accounts on
behalf of Palm Beach County on mobile application platforms. SUMMARY: On June 2, 2020,
the Board of County Commissioners provided direction to move forward with the
acquisition, and subsequent dissemination of the “PBC CombatCOVID” mobile
application. In order to deploy the
application effectively, Palm Beach County needs to establish accounts across
the various mobile application platforms. As a government entity, there are no
costs associated with these web developer accounts. Delegated authority is being requested to
allow for the creation of the accounts on behalf of Palm Beach County. Countywide
(DB)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: amendments
to Contracts/Interlocal Agreement for the Second Chance Act Innovations in
Reentry Initiative (IRI):
A) Second Amendment to Contract #R2018-0935,
(The Lord’s Place, Inc. (TLP);
B) Second Amendment to Contract #R2018-0936,
(Gulfstream Goodwill Industries, Inc. (GGI); and
C) Second Amendment to Interlocal Agreement
#R2018-0937, (The City of Riviera Beach Reentry Center (RB).
SUMMARY: Palm Beach County was awarded an Innovations
in Reentry Initiative grant on September 19, 2017 from the Department of
Justice for $850,000 (Award # 2017-CZ-BX-0003) from October 1, 2017 through
September 30, 2020. The Second Amendment to TLP, GGI, and RB
contracts/interlocal agreement changes the title of the Contract to reflect the
granting entity change in the name of the grant from “Smart Reentry Services”
to “Innovations in Reentry Initiative”, changes the number of people in the
control and treatment groups for each service provider to adhere to the
fidelity of the study, and provides further information about the grant in the
scope of work. The Second Amendment to the GGI contract increases the number of
reentry participants in the control and treatment groups from 80 to 100 people
and modifies the budget from $173,689 to $239,663. The Second Amendment to the
RB contract increases the number of reentry participants in the control and
treatment groups from 80 people to 100 people and modifies the budget from
$173,689 to $220,854. The Second Amendment to the TLP contract decreases the
number of reentry participants in the control and treatment groups from 80
people to 40 people and modifies the budget from $173,689 to $46,550. Moreover,
$14,000 is shifted to the IRI Reentry Coordinator from TLP’s contract to secure
the position through the end of the grant period. All adjustment are revenue neutral
and adjust the budgets within approved line items. On May 16, 2017, the Board
of County Commissioners authorized the County Administrator or designee to
execute amendments and administrative documents associated with these contracts
on behalf of the Board of County Commissioners after approval of legal
sufficiency by the County Attorney’s Office and within budgeted allocations. Countywide
(SF)
2. Staff recommends
motion to receive and file: one Grant Adjustment Notice (GAN) 008
Special Condition 52 with the U.S. Department of Justice (DOJ), Office of
Justice Programs (OJP) Multidisciplinary Response to Families and Communities
in Complex Homicide Cases grant award (2016-XV-GX-K018). SUMMARY: As per
grant guidelines, certain expenditures and work products require approval from
the DOJ OJP grant manager. The approval
process is facilitated by drafting a GAN and submitting it through the DOJ’s
Grant Management System (GMS) web portal. GAN #008 approved the revised time
task plan related to special condition #52 requesting a no-cost extension. This
GAN is being filed because the time task plan was revised to reflect
deliverables being completed within the approved one-year extension period. R2017-0477 authorized the County
Administrator or designee to execute future amendments and partner agreements
associated with the current grant on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney’s
Office, and within budgeted allocations. Countywide (JW)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to approve: a Federally
Funded Subaward and Grant Agreement (Z1557) with the State of Florida, Division
of Emergency Management (FDEM) to authorize the reimbursement of eligible
projects for Public Assistance funding for seven Hurricane Dorian projects. SUMMARY: On August 30, 2019, the President of the
United States issued a major disaster declaration designated “FEMA-4468-DR-FL”
for the State of Florida as a result of Hurricane Dorian authorizing Public
Assistance funding for eligible Florida counties. Public Assistance is a federal grant (CFDA
#97.036) to aid state and local governments in returning a disaster area to
pre-disaster conditions. There are
currently a total of seven Project Worksheets with an estimated cost of $7.5 million.
The amount of total available funding for this sub grant is limited to the
amount obligated by FEMA for all projects approved. Federal reimbursement will
range from 75% to 100%, typically, the State of Florida will contribute a 12.5%
share of the qualified actual expenditures incurred, leaving the County
responsible for absorbing the remaining 12.5%. Countywide (LDC)
4. Staff recommends motion to receive and file: an extension to Memorandum of Agreement (MOA) with the City of Miami (R2019-1802) for the Urban Area Security Initiative (UASI) 2018 agreement #19-DS-04-11-23-02-319 extending the grant period from June 30, 2020 through September 30, 2020 for three projects totaling $176,117. SUMMARY: Palm Beach County along with all political subdivisions are currently responding to COVID-19 to ensure the safety of its citizens. Because of this response, an extension on the original Agreement has been requested to allow more time to spend the funds efficiently. The original MOA (CFDA # 97.067) provides a means of funding various domestic security activities within the County using Federal UASI funds through the City of Miami as the UASI’s fiscal agent. This year UASI awarded $176,117 to the County. The Public Safety Department’s Division of Emergency Management was awarded $100,000 to secure the Emergency Operations Center computers and server by purchasing cyber secure prevention software; $50,000 was awarded for Citizen Emergency Response Team (CERT) training and exercise, and Fire Rescue was awarded $26,117 for an All Hazards Incident Management Team training. R2013-0622 gave the authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commission. Countywide (LDC)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, approving a Public Transportation Grant Agreement (PTGA) (FM No.
407184-3-84-01) of Section 5311 CARES Act Allocation for $1,139,211 to
partially offset the operational costs of providing services to the public in
the rural areas of Palm Beach County;
B) approve an upward budget amendment of $1,139,211 in the CARES Act Fund 1160 to
recognize the grant award and establish a transfer to the Palm Tran Operating
Fund 1340;
C) approve a budget transfer of $1,139,211 in the Palm Tran Operating Fund 1340 to
recognize the transfer from CARES Act Fund 1160 and decrease the transfer from
the General Fund 0001;
D) approve a budget transfer of $1,139,211 in the General Fund 0001 to recognize
the decrease in transfer to Palm Tran Operating Fund 1340 and increase the
contingency reserve; and
E) authorize the Mayor of the Board of County Commissioners to execute the PTGA and
supporting documents.
SUMMARY: On March 27, 2020, the President
signed into law H.R. 748 the ‘‘Coronavirus Aid, Relief, and Economic Security
Act’’ (CARES) Act. This bill responds to
the COVID-19 outbreak and its impact on the economy, public health, state and
local governments, individuals, and businesses. The bill provides FY2020
supplemental allocations to help the nation’s public transportation. This grant
is CARES Act formula funding provided to the State of Florida for rural
areas. Palm Tran will utilize the grant
funds to offset the operating costs of providing public transportation service
in the Lake Region of the County. This PTGA in the amount of $1,139,211 will
provide operating funds for the Go Glades Service, Routes 40 and 47, as well as
Paratransit Service. No matching funds are required. The PTGA will become effective upon execution
by the Florida Department of Transportation (FDOT), and has an anticipated
expiration date of June 30, 2023. The grant agreement contains an
indemnification provision that differs from that adopted for use by the County
and imposes obligations beyond those recognized by County PPM CW-F-049 (PPM). The grant agreement requires, to the extent
permitted by law and subject to the limitations of Section 768.28, Florida
Statute, the County to indemnify and hold harmless the State, FDOT, and FDOT’s
officers and employees from liabilities, damages, losses and costs, including
reasonable attorney’s fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the County and persons
employed or utilized by the County in performance of the grant agreement. An exception to the PPM has been approved by
Risk Management and the County Attorney taking into consideration the County’s
need to provide fixed route public transit services, its current performance of
such services and exposure/liability for its acts, the amount of the grant
award, and the non-waiver of sovereign immunity beyond the statutory caps of
Section 768.28, Florida Statute. The
indemnification obligation must also be passed on to contractors and/or
consultants. District 6 (DR)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
2. Staff recommends
motion to:
A) receive and file the
electronically executed Federal Transit Administration (FTA) Application
1098-2019-1 for $1,084,553 (R2019-0144);
B) approve a budget transfer of $1,084,553 in Palm Tran’s Operating Fund 1340 to
recognize the grant award and decrease the transfer from the General Fund; and
C) approve a budget transfer of $1,084,553 in the General Fund 0001 to decrease the
transfer to Palm Tran’s Operating Fund 1340 and increase Contingency Reserves.
SUMMARY: This grant is to reimburse Hurricane Irma
related transit expenses incurred in FY17. On May 21, 2018, FTA made available
funding through its Emergency Relief (ER) Program for expenses related to the
hurricane. If funding is made available
by FTA’s ER Program, FTA assumes primary responsibility for reimbursing transit
related emergency relief expenses. These
expenses have been removed from the County’s Public Assistance request to FEMA.
Countywide (DR)
3. Staff recommends
motion to approve: an agreement
between the Palm Beach County and CareerSource Palm Beach County, Inc.
(CareerSource) to offset the cost of a service deviation on Route 44 providing
service to the CareerSource offices at 3400 Belvedere Road. SUMMARY: Palm Beach County is entering
into an agreement with CareerSource to offset the cost of a deviation on Route
44. The agreement will commence June 16,
2020 and terminate June 15, 2022 and is in the amount of $25,000, with equal
monthly payments. Countywide (DR)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to approve:
A)
a second amendment to
Community Based Agency Contract with The School Board of Palm Beach County,
Florida (R2018-1666), for the period October 1, 2019 through September 30,
2020, to decrease the contract by $31,875, for a new total amount not to exceed
$95,625 for the Project to Ease the Effects of Adverse Childhood Experiences
(PEACE); and
B) a budget transfer of $31,875 from The
School Board of Palm Beach County, Florida agency program (Unit 2086) to
Evidence Based Programming (Unit 1451) to be reallocated for Community Based
Agency programming.
SUMMARY: In October
2018, as part of RFP FY2019 awards, the Board of County Commissioners (Board) approved
a Community Based Agency Contract with The School Board of Palm Beach County,
Florida (School Board), to provide the PEACE program at two high need middle
schools. The contract included two one-year renewal options. In September 2019,
the Board approved the First Amendment which extended the contract to September
30, 2020, and increased the contract by $63,750. The School Board has not
utilized funds at the anticipated rate therefore, the contract award is being
decreased by 50% ($31,875) for the period October 1, 2019 through September 30,
2020. The School Board’s contract will continue to
include a logic model and reporting measurements specific to the School Board
and the work performed. After completion of each contract year, a report
will be developed detailing the School Board’s progress in meeting School Board
performance measurements. District
7 (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A)
a Interagency Agreement
#YLJ76 with the Florida Department of Children and Families (DCF), effective
October 1, 2019, through September 30, 2025, to certify local funds as a State match, for reimbursement of eligible
expenses consistent with Title IV-E under the Social Security Act, at no
additional cost to the County;
B)
a Community Based Agency
Contract with The Children’s Home Society of Florida (CHS), for the period July
1, 2020, through September 30, 2023, to provide adoption assistance services to
eligible residents; and
C)
a budget transfer of
$12,500 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: Since December 2016, the Board has approved
agreements, as amended, with both DCF and CHS, to allow CHS to provide adoption
assistance services, and for the County to certify local funds as a State
match, for reimbursement from DCF of eligible expenses consistent with Title
IV-E under the Social Security Act; the DCF agreement included automatic annual
renewals and the contracts with CHS included services through June 30, 2020.
The DCF informed the Youth Services Department that they are changing current
agreements statewide with all parties receiving federal funding reimbursement
under Title IV-E. The term of this new Interagency Agreement is five years with
an optional five year renewal, and it includes updates for funding and
reporting reimbursement requirements.
Upon final approval it will also automatically terminate the current Agreement
(R2018-1929). This new contract with CHS allows CHS to continue providing the
adoption assistance services. Adoption assistance services are designed to
encourage more adoptions out of the foster care/dependency system, and assist
children in their transition to a successful and lifelong adoptive setting. This new contract with CHS includes reporting measurements
specific to CHS and the work performed. After completion of each contract
year, a report will be developed detailing CHS’s progress in meeting their
performance measurements. The effective date of service for this
Interagency Agreement submitted for approval is prior to this meeting date. Countywide
(HH)
3. Staff recommends
motion to approve:
A) a Community Based Agency Contract with The
Children’s Home Society of Florida (CHS), for the period July 1, 2020, through
September 30, 2023, in an amount not to exceed $442,500 ($130,000 annually),
for Visitation Center services; and
B) a budget transfer of $32,500 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:
In 2018, the Board approved
a Community Based Agency Contract to provide funding to assist with providing
quality visitation to children removed from their parents involved in the
dependency system, and have court orders that dictate visitation level and
frequency, with a goal of reunification. The Visitation Center continues to
operate together with partnerships with community members and local
universities including students from Florida Atlantic University School of
Social Work. Approval of this contract will continue to provide funding for
quality visitation to children removed from their parents involved in the
dependency system, and have court orders that dictate visitation level and
frequency, with a goal of reunification. The Visitation Center provides a safe
and confidential homelike environment for parents to bond with their children. This
contract includes reporting measurements specific to CHS’s progress in meeting
their performance measures. Countywide (HH)
JUNE 16, 2020
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) receive and file Grant Modification 2, dated March 11, 2020, with the Office of National
Drug Control Policy to provide an additional $25,515 in grant funds for the
Palm Beach County Narcotics Task Force; and
B) approve a budget amendment
of $25,515 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners (BCC) accepted this grant award for $158,606 on June 4,
2019 (R2019-0775). On December 17, 2019, the BCC accepted Grant Modification #1
in the amount of $38,614 (R2019-1942).
This Grant Modification #2 will provide an additional $25,515 in funding
to support overtime for the Palm Beach County Narcotics Task Force. There is no
match requirement associated with this award. Countywide (LDC)
* * * * * * * * * * * *
JUNE 16, 2020
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) COVID-19
Update by Dr. Alonso and County Staff
* * * * * * * * * * * *
JUNE 16, 2020
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. PALM TRAN
1. Staff recommends
motion to adopt: a
resolution of the Board of County Commissioners (BCC), of Palm Beach County,
Florida, approving the signing and submission of the FY2019 Section 5310 grant
application, supporting documents and assurances, for a total project cost of
$906,418 for capital assistance under grants for the enhanced mobility of
seniors and individuals with disabilities CFDA 20.513, as administered by the
Florida Department of Transportation (FDOT). SUMMARY: Palm Tran is
submitting an application for the acquisition of ten replacement
paratransit vehicles. The vehicles
being replaced were purchased in 2015 with Public Improvement Revenue Bond
funds and have reached their end of life. The grant will provide up to
$815,776 (90%) of the project cost. The
grant requires a local match of $90,642 (10%). The local match requirement is
available in Palm Tran’s proposed Budget for FY2021. The grant has an
anticipated start date of October 2020, and is expected to be completed by
September 2021. The grant application contains an indemnification provision
that differs from that adopted for use by the County under PPM CW-F-049.
The grant requires the County, to the extent permitted by law and in accordance
with the provisions of Section 768.28, Florida Statutes, to indemnify, defend
and hold harmless FDOT and all of its officers, agents and employees from any
claim, loss, damage, cost, charge, or expense arising out of the County’s
non-compliance with the application’s assurances, including that of its officers,
agents or employees. An exception to the PPM has been approved taking
into consideration the County’s need to provide the services, the amount of the
grant award, County’s current performance of such services and liability for
its acts, and the non-waiver of sovereign immunity beyond the statutory caps of
Section 768.28, Florida Statutes. Countywide (DR)
JUNE 16, 2020
5. PUBLIC
HEARINGS – 9:30 A.M.
A. PALM TRAN (Cont’d)
2. Staff recommends
motion to:
A) approve the filing of electronic grant application #
1098-2020-1, with the Federal Transit Administration (FTA), for FY2020 Section
5307 (CFDA 20.507) appropriated under the ‘‘Coronavirus Aid, Relief, and
Economic Security Act’’ (CARES) Act. The
Grant is for funds allocated to Palm Beach County Board of County Commissioners
(BCC) in the amount of $50,701,790. This
is a cost reimbursable agreement that will become effective upon FTA Award with
an anticipated end date of April 30, 2021;
B) approve the
Program of Projects (POP) for the FY2020 CARES ACT Section 5307 Grant
allocation, in the amount of $50,701,790 from the Federal Transit
Administration (FTA);
C) approve the amendment of the FY2019 Program of
Projects for Section 5307 Funds to be used for the purchase of replacement
buses;
D) approve the filing of Standard Form LLL - Disclosure
of Lobbying Activities;
E) approve
an upward budget amendment of $50,701,790 in Cares Act Fund 1160 to recognize
the grant award and establish transfers to Palm Tran Operating Fund 1340 and
Palm Tran Grants Fund 1341;
F) approve
an upward budget amendment of $13,180,000 in Palm Tran Grants Fund 1341 to
recognize the transfer from Cares Act Fund 1160, establish budget for CARES Act
capital items and reduce the transfer to Palm Tran Operating Fund 1340 for
preventative maintenance;
G) approve
an upward Budget Amendment of $4,566,236 in Palm Tran Operating Fund 1340 to
recognize the transfer from Cares Act Fund 1160, reduce the transfer from Palm
Tran Grants Fund 1341, reduce the transfer from the General Fund 0001 and
establish a budget for CARES Act expenses;
H) approve a budget transfer of $19,780,802 in the
General Fund 0001 to reduce the transfer to Palm Tran Operating Fund 1340 and
increase Contingency Reserves; and
I) authorize the County Administrator or designee to
execute on behalf of the BCC, and to transmit electronically the BCC’s approval
of the Grant Application, award and the resulting grant agreement; provided
that no special conditions or requirements are issued under Part 6 of the
application.
SUMMARY:
On March 27, 2020, the
President signed into law H.R. 748 the ‘‘Coronavirus Aid, Relief, and Economic
Security Act’’ (CARES) Act. This bill
responds to the COVID-19 outbreak and its impact on the economy, public health,
state and local governments, individuals, and businesses. The bill provides
FY2020 supplemental allocations to help the nation’s public
transportation. The grant will be used
for capital and operating expenses to prevent, prepare for and respond to the
COVID-19 outbreak and maintain operations.
The grant application
requires execution of the Disclosure of Lobbying Activities, Form LLL. There is
no match required. No County funds are
required. Countywide (DR)
JUNE 16, 2020
5. PUBLIC
HEARINGS – 9:30 A.M.
B. WATER
UTILITIES
1. Staff recommends
motion to adopt: an Ordinance of the Board
of County Commissioners of Palm Beach County, Florida, adding Section 27-81
“Requirements for Dental Facilities that Remove or Place Amalgam Fillings”, and
amending sections 27-65 “Definitions”, and 27-69 “Prohibitions and Limitations
of Discharge”, of Chapter 27, Article IV of the Palm Beach County Code (“Sewers
and Sewage Disposal”); providing for laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances; and
providing for an effective date. SUMMARY:
The new Section 27-81, and the amendment to
Section 27-65, provide for the requirements set forth by the United States
Environmental Protection Agency (EPA) in the updated Clean Water Act, effective
July 14, 2017 and codified in 40 CFR 441, and the Florida Department of
Environmental Protection implementation of 40 CFR 441, as codified in Chapter
62-625(3) F.A.C., effective May 23, 2018.
The change in the Clean Water Act requires dentists handling dental
amalgam, or tooth fillings, to pretreat their wastewater to remove dental
amalgam before it enters the Palm Beach County Publicly Owned Treatment Works
(POTW) wastewater conveyance system. The
EPA has determined that dental clinics are the main source of mercury in POTWs. Mercury is a component of dental amalgam. Mercury-containing
amalgam wastes find their way into the environment when new fillings are placed
or old mercury-containing fillings are drilled out, and waste amalgam materials
that are flushed into chair-side drains enter the wastewater stream. Mercury entering POTWs frequently partitions
into the sludge, which is the solid material that remains after wastewater is
treated. Mercury from waste amalgam therefore can make its way into the
environment from the POTW through the incineration, landfilling, or land
application of sludge or through surface water discharge. Dental offices subject to the ordinance, must
install a certified amalgam separator by July 14, 2020 and allow inspections by
a Palm Beach County Water Utilities Department (PBCWUD) representative. The dental office must also complete a
One-Time Compliance Report and forward it to the PBCWUD Pretreatment
Coordinator by October 12, 2020. Dental
offices that do not place or remove dental amalgam must provide a statement
detailed in the ordinance to the PBCWUD Pretreatment Coordinator by July 14,
2020. The EPA and the American Dental Association worked closely in this change
to the Clean Water Act. PBCWUD provided
a copy of the ordinance to the Florida Dental Association, the Atlantic Coast
Dental Association, and the Central Palm Beach County Dental Association.
Section 27-69 currently provides a description of wastes that are not to be
discharged into the POTW. However, the EPA modified Chapter 40 CFR 266 subpart
P, which now prohibits the discharge of hazardous waste pharmaceuticals into
sewer systems. Therefore, the amendment
to Section 27-69 reflects the recent addition of healthcare facilities and
reverse distributors as specifically identified by the EPA. Countywide
(MJ)
* * * * * * * * * * * *
JUNE 16, 2020
A. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A)
adopt a resolution
authorizing the sale of the County’s interest in a vacant 0.06 acre parcel of
County-owned land located at 6673 2nd Street, in unincorporated Jupiter to
Jeremy Stauffer for $5,000 with reservation of mineral and petroleum rights,
but without rights to entry and exploration pursuant to Section 270.11, Florida
Statutes;
B) approve a Deposit Receipt and Contract for Sale and
Purchase agreement with Jeremy Stauffer for the sale of 0.06 acres of vacant
County surplus land for $5,000; and
C)
approve a County Deed in
favor of Jeremy Stauffer.
SUMMARY: The County
acquired a vacant 0.06 acre of land located at 6673 2nd Street in
unincorporated Jupiter by Tax Deed in May, 1971. This property is deemed
surplus because of its location, is unbuildable and serves no present or future
County purpose. The Property Appraiser’s office has assessed the parcel at $20. Pursuant to Section 125.35(2), Florida
Statutes, the Board may effect a private sale of a parcel upon a finding that
the parcel is valued at $15,000 or less, and when due to its size, shape, and
location it is of use to only one or more adjacent property owners. The property cannot be developed as a
standalone parcel and is only of use to the adjoining owners. In April, 2019,
PREM was contacted by an adjacent owner expressing an interest in the parcel.
In accordance with Section 125.35(2), Florida Statutes, notice of the County’s
intent to sell this parcel was sent to all adjacent property owners providing
them with the opportunity to bid on this parcel. Two adjacent owners, Jeremy
Stauffer and Roger D. Ngai responded that they were interested in purchasing
the parcel. On March 12, 2020, staff
provided Mr. Stauffer and Mr. Ngai notice; giving them the opportunity to
submit a bid. One bid was received from
Mr. Stauffer with a proposed purchase price of $5,000. Numerous attempts were made to contact Roger
D. Ngai, but those attempts were unsuccessful.
Staff recommends the sale of this parcel to Jeremy Stauffer as it will
lessen the County’s potential liability and return the parcel to the tax roll.
The County will retain mineral rights in accordance with Section 270.11,
Florida Statutes, but will not retain rights to entry and exploration. This conveyance must be approved by a
Supermajority Vote (5 Commissioners).
(Property & Real Estate Management) District 1 (HJF)
2. Staff recommends
motion to approve: Work Order No. 20-015 to the annual Heating,
Ventilation and Air Conditioning (HVAC) contract with Farmer & Irwin Corp.,
(R2020-0020) in the amount of $299,950 for the Highridge Family Center- Chiller
Replacement project for a period of 60 calendar days from permit issuance or
until project is complete. SUMMARY: The
work consists of furnishing the labor, equipment, and materials needed to
remove and replace two chillers. The
existing chiller units are more than ten years old with corroded coils, and are
at the end of their useful life. This project was competitively
advertised and new contractors were invited to bid on the project by submitting
prequalification documents prior to the submission of the bid response. On
March 4, 2020, the Goal Setting Committee applied Affirmative Procurement
Initiatives (API) of sheltered market for projects under $100,000 (when three
or more Small Business Enterprises (SBE) are qualified under the annual
contract) or an SBE contractor will be given a price preference if its bid is
within 10% of the lowest responsive and responsible bidder for projects in
excess of $100,000. Since this project was over $100,000, the SBE price
preference API was applied. The contractor is not a certified SBE but submitted
12.40% SBE participation on this work order. The overall SBE participation on
the annual HVAC contract is 44.15%. The Contractor is a local business. Funding
for this project is from the Public Building Improvement Fund. (Capital
Improvements Division) District 7 (LDC)
JUNE 16, 2020
6. REGULAR AGENDA
B. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
Tuesday, July 14, 2020 at 9:30 a.m.: an ordinance amending Ordinance No. 85-40, as
amended, establishing an amended Five Year Road Program (Program); providing for
title; purpose; adoption of the revised Five Year Road Program and revised list
of projects contained in Exhibit “A”; implementation of the program;
modification of program; funding of other roadway improvements, interpretation
of exhibit; repeal of laws in conflict; severability; inclusion in the Code of
Laws and Ordinances; and effective date.
SUMMARY: A mid-year modification of the Palm Beach
County Five Year Road Program is required to be considered each year by the Five
Year Road Program Ordinance. Exhibit “A” to the ordinance is a list of proposed
projects for the next five years and contains certain changes and modifications
to the road program that was adopted on December 17, 2019. This list is
submitted for the Board of County Commissioners consideration on preliminary
reading today with the final list to be approved with the Ordinance at public
hearing on Tuesday, July 14, 2020. Countywide (YBH)
JUNE 16, 2020
6. REGULAR AGENDA
C. HOUSING
AND ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve: a budget amendment of
$370,738 to the Affordable Housing Trust Fund 2019-2020 Budget to recognize a
funding increase to the Fiscal Year 2019-2020 State Housing Initiative
Partnership (SHIP) Program grant award. SUMMARY: For SHIP Fiscal Year
2019-2020 which began on July 1, 2019, Palm Beach County received a total
allocation of $1,494,822 from the Florida Housing Finance Corporation (FHFC).
The FHFC recently awarded the County an additional $370,738 in SHIP funds for
Fiscal Year 2019-2020 which increased the total allocation from $1,494,822 to
$1,865,560. These SHIP funds are to be used to implement various affordable
housing programs and other related activities.
On April 16, 2019, the Board of County Commissioners approved the SHIP
Local Housing Assistance Plan (LHAP) for Fiscal Years 2019-2020, 2020-2021 and
2021-2022 (R2019-0546). These are State SHIP funds which require no local match.
Countywide (HJF)
2. Staff recommends
motion to approve: the
application of Caron of Florida, Inc. (Borrower) for the issuance of the
County's Industrial Development Revenue Bonds (Caron of Florida, Inc. Project),
Series 2020 in a principal amount not to exceed $52,803,000;
A)
conduct a Tax Equity and
Fiscal Responsibilities Act public hearing pursuant to Section 147(f) of the
Internal Revenue Code, as amended concerning the proposed issuance of the Bond;
and
B)
adopt a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, authorizing
the issuance of one or more series of Revenue Bonds (Caron of Florida, Inc.
Project), Series 2020, in an aggregate principal amount not exceeding
$52,803,000, for the purpose of making a loan of funds to Caron of Florida,
Inc. in order to finance the cost of: (1) the construction, installation and
equipping of a new medical and detox facility to be located at 4675 W. Linton
Boulevard, Delray Beach, Florida; (2) the acquisition and renovation of
Fairways on the Green, a residential housing facility used for extended care
treatment services to individuals suffering from chemical dependency, sexual
trauma and gambling addiction located at 2045 Lowson Boulevard, Delray Beach,
Florida; and (3) issuance of the bonds; providing that such revenue bonds shall
not constitute a debt, liability or obligation of Palm Beach County, Florida or
the State of Florida or any political subdivision thereof, but shall be payable
solely from the revenues herein provided; approving and authorizing the
execution and delivery of a loan agreement with Caron of Florida, Inc. to
provide security for such bonds, and for other matters therein provided;
approving and authorizing the execution and delivery of a Trust Indenture;
approving and authorizing the execution and delivery of certain other documents
required in connection with the foregoing; and providing certain other details
in connection therewith.
SUMMARY: The
Borrower is a wholly owned subsidiary of the Richard J. Caron Foundation
(Caron) a not for profit IRS 501(c)3 organization founded in 1957. Caron offers a full continuum of addiction
and behavioral health care services at inpatient facilities located in
Pennsylvania and Florida. Services include prevention and detoxification as
well as primary and extended residential care.
Caron is recognized internationally as a premier drug and alcohol
addiction treatment provider. When fully
operational, the new medical facility at 4675 West Linton Boulevard in Delray
Beach will add 114 full time equivalent new positions. The existing Fairways on
the Green facility at 2045 Lowson Boulevard in Delray Beach will continue to
serve its clients after acquisition by Caron and the planned renovations of
this facility will not interrupt operations for patients and staff. The existing facility will retain 100
employees. The five year economic impact of the project is estimated at $262.9
million. Neither the taxing power nor the faith and credit of the County, nor
any County funds, shall be pledged to pay the principal, premium, if any, or
interest on the bonds. Districts 4 & 7 (DB)
JUNE 16, 2020
6. REGULAR AGENDA
D. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of
the Board of County Commissioners of Palm Beach
County (BCC), Florida, authorizing the execution and submittal of a grant
application, standard assurances and grant agreement with the Florida
Commission for the Transportation Disadvantaged (CTD), for a project in the
amount of $4,164,254 for the Trip & Equipment Grant Program (CSFA 55.001)
to provide Palm Tran Connection Service (Connection) trips and discounted daily
and monthly fixed route passes. This is
a unit cost agreement and has an anticipated start date of July 1, 2020, and
anticipated end date of June 30, 2021;
B)
approve an upward budget
amendment of $3,016,773 in Palm Tran’s Operating Fund 1340 to recognize the
actual grant award amount and the required match; and
C) approve a budget transfer in General Fund 0001 of
$78,578 to increase the transfer to Palm Tran’s Operations Fund 1340 from
Contingency Reserves for the required match.
SUMMARY: The County has been awarded a grant in the amount of $3,747,829, which
requires a local match of 10% or $416,425 for a total project of $4,164,254. The total anticipated cost to provide Transportation
Disadvantage Service is $6,732,810, which requires
the County to overmatch $2,568,556 in order to maintain the program at its
current level. The required local match and overmatch are included in the
proposed FY2021 Budget. The grant agreement contains an indemnification
provision that differs from that adopted for use by the County and imposes
obligations beyond those recognized by County PPM CW-F-049 (PPM). The grant agreement requires, to the extent
permitted by law and subject to the limitations of Section 768.28, Florida
Statutes, the County to indemnify and hold harmless the Commission for
Transportation Disadvantaged and its officers and employees from liabilities,
damages, losses and costs, including reasonable attorney’s fees, to the extent
cause by negligence, recklessness, or intentional wrongful misconduct of the
County and persons employed or utilized by the County in performance of the
grant agreement. An exception to the PPM
has been approved by Risk Management and the County Attorney taking into
consideration the County’s need to provide transportation services to the
transportation disadvantaged, its current performance of such services and
exposure/liability for its acts, the amount of the grant award, and the
non-waiver of sovereign immunity beyond the statutory caps of Section 768.28,
Florida Statutes. The indemnification
obligation must also be passed on to contractors and consultants. Countywide (DR)
JUNE 16, 2020
6. REGULAR AGENDA
E. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A)
a budget transfer of
$4,500,000 from the General Fund contingency reserves to the Clerk of Court
Fund 1903; and
B) an emergency fund agreement with the Clerk &
Comptroller of Palm Beach County to repay the funds to the County if the State
legislature allocates funding relating to the Clerk’s COVID-19 related to
budgetary shortfall or excess court related funds are available.
SUMMARY: Funding will be used to pay the
salaries of essential employees at the Clerk & Comptroller’s office due to
the decline of court-related revenues, affiliated with COVID-19. The funding
will be transferred from the General Fund contingency reserves to the Clerk of
Court Fund. By July 2020, the Clerk & Comptroller, Palm Beach County (Clerk)
expects to exhaust funds that pay the salaries of essential employees. These
employees provide critical court-related services in support of public safety,
access to justice and commerce in Palm Beach County. Repayment will be made to the County if the
State legislature provides funding for the shortfall or excess court related
funds are available. During March
and April 2020, the Clerk’s court-related revenues declined over $1 million or
45%. This funding shortfall is a direct result of COVID-19 and represents a
decline that is anticipated to continue. While the Clerk has implemented mitigating
measures, including a hiring freeze, the Clerk cannot fully cover this
shortfall for several reasons: 1)
there are no other revenue sources for court-related services other than the
portion of court fines, fees and costs collected and retained by the Clerk
pursuant to Florida Statute; 2)
clerks have no legal authority to hold funds in reserve; and 3) Clerks are funded outside of the
General Appropriations Act. This means there is no mechanism for Clerks to seek
emergency state funding without the Florida Legislature convening to approve
funding. Media reports indicate there are no plans for a special session
related to COVID-19, and if this changes, legislative leaders have told the
media the session would be to trim the budget, not add to it. Countywide (DB)
F. ADMINISTRATION
1. Staff recommends motion to adopt: a
resolution denouncing antisemitism, anti-Asian bigotry, and all hateful speech,
violent action and the spread of misinformation related to COVID-19 that casts
blame, promotes racism or discrimination or harms the County’s Asian and
Pacific Islander, Jewish, immigrant or other communities, and urges residents to join us in calling attention
to these harms and denouncing hate to help keep us all safe during this
unprecedented pandemic and beyond. SUMMARY:
At the June 2, 2020 BCC meeting, staff was directed by the Commission to draft
and bring back this resolution for consideration by the Board. The
Anti-Defamation League (ADL) has set forth a national initiative to call
attention to acts of antisemitism and hate that have been witnessed throughout
our country. The ADL has seen a rise in
hate crimes, discrimination and aggression against Asians and Jews throughout
the country as these groups are being blamed for the COVID-19 outbreak and
spread. COVID-19 is a public health
issue, not a racial, religious or ethnic one, and the deliberate use of racial
or ethnic terms to describe COVID-19 only encourages hate crimes and incidents
at a time when communities should be working together to get through this
crisis. This resolution denounces antisemitism by affirming its commitment to
the safety and well-being of all community members,
by encouraging prosecution of hate crimes related to COVID-19, by pledging
to support the inalienable rights of all people in our community, who should be
treated with respect and must remain safe during this pandemic, and by calling
attention to these harms and denouncing hate. Countywide (HJF)
* * * * * * * * * * * *
JUNE 16, 2020
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 16, 2020
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
JUNE 16, 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
JUNE 16, 2020
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."